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Post by Admin on Oct 19, 2013 9:04:15 GMT -5
There have been questions about this and I had no idea until the attorney brought it up at the meeting! The stated authorities granted by the Developer and to its successors form the basis for lawful future acts of HOA. This authority is the foundation of everything done after the original Declarations were recorded in 1972, 1974 and 1975, all of which were identical except for the parcels identified in the Plats.
The Developer never declared nor granted any authority to Amend the Covenants (only ByLaws and Rules):
As you can see by the wording, the only authority granted was that of RELEASE or otherwise removing parcels from restrictions by vote of 3/4 of other parcels in the Plat (note that EACH PLAT must separately vote and meet the threshold to RELEASE its parcels):
Page 5 Paragraph 17. Developer may at any time release any one or more lots shown on said plat from any or all of the restrictions and covenants running with the land herein set forth, and also from any or all additional restrictions and covenants imposed pursuant to the divisions of Paragraph 16 above, provided the written consent thereto of the owner or owners of not less than three-fourths in number of the lots shown on said plat sH all be obtained.
The release is for LOTS. An example of this would be if a neighborhood wanted to convert a lot to a guest parking area. The lot would no longer be contributing to assessments and the costs on the remaining lots would necessarily increase to make up for it. 3/4 of the owners would have to agree to reduce the # lots contributing to the budget--and then the CC&R would no longer encumber the lot.
Additionally, each of the of the 3 plats would separately have to vote and get a 3/4 affirmative vote. If any plat did not meet the voting passage threshold, the lot would not be released from CC&R's. You would not be able to combine the votes of all three plats and achieve a release from the CC&R's.
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Post by Dick Tracy on Dec 26, 2013 23:07:07 GMT -5
So, I ask the question, why is The Red-Book Committee spending so much time trying to make changes for a New Red-Book. They have not been doing any indepth research, because it looks like they have missed an important Section of the Original Developer's Documents, from 1972,1973 & 1975.
The amount of time this Committee is spending, would it not be more useful, to be working on A SLR Revitalization Plan. I truly believe, Revitalization will happen in SLR, in the future. |
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Post by BagLady on Dec 27, 2013 8:25:07 GMT -5
You raise the question again--it is incomprehensible that this BOD would entertain ANY changes to the Redbook Covenants knowing that there is NO amendatory provision in the Declarations of 1972, 1974 and 1975. I will be curious to see the proposed Rule Changes which could concievably be appropriately promulgated and legally-balloted. And, as you observe, it could ALL be moot if the covenants are declared expired. Another headscratcher--what is so all-fired important that the Redbook be completely redone NOW after being ignored for years and years?
A careful reading of the Amendment filed in Nov 1986 shows that the Association ADDED the missing provision which would give the Association the right to Amend the Declaration. In doing so, it recognizes that the Amendatory provision was absent from the original documents.
Amazingly, it also accurately recited the Association's authority to release lots from Covenants but inaccurately recited the authority to AMEND which it was giving itself in the Amendment.
I am constantly amazed at the deception engaged in by HOA's and their attorneys.
I will soon be posting a more comprehensive comparison of the Declarations of the 1970's and the purported "Replacement Covenant-Amendment of 1986" (we need to invent a new name for this document).
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Post by Dick Tracy on Dec 27, 2013 14:07:21 GMT -5
"The Red-Ummmmmm Book"
Page 1: Things That Make You Go Ummmmmmmmmmmm.
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Forensic Cartoonist
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Post by Forensic Cartoonist on Dec 27, 2013 19:11:03 GMT -5
"The Red-Ummmmmm Book" Page 1: Things That Make You Go Ummmmmmmmmmmm. As a cartoon forensic analyst I must tell you my good man that you have the wrong picture for the Dudley DoRight Character. Dudley DoRight appeared in the Rocky & Bullwinkle Show and was a Hanna/Barbera Production . Dudley is a caricature of a Royal Canadian Mountie and was always rescuing Nel , the damsel in distress . She would fall into the evil clutches of the villain Snidley Whiplash and he would tie her to rails and place Nel in jeopardy only to be rescued by the dashing Dudley . Dudley would always ride up on his steed who's name was Horse to stop the train and rescue Nel . I think your Avatar more resembles Indiana Jones' character, who by the way is American, instead of Dudley IMO Good Day EH |
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Post by Dick Tracy on Dec 28, 2013 3:59:40 GMT -5
Hello Forensic Cartoon Analyst, Thanks for the Info of your version of Mr. DoRight. I do not watch or read cartoons, I do not have a clue about any Rocky & Bullwinkle Show. I did watch the FlintStones a few times. I do think we have many Mr.DoRight through out this great country, and not all are fictional characters in cartoons.
MY Dad married his High School Sweetheart, and her maiden name was Ira P. Daily. She was a Sweet Heart..
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Post by Forensic Analyst on Dec 28, 2013 6:24:55 GMT -5
Hello Forensic Cartoon Analyst, Thanks for the Info of your version of Mr. DoRight. My version is the actual portrayal of the character as it appeared so it isn't my version whatsoever . Your version is entirely something else and that is your version ! Dudley DoRight's parents never appeared in the cartoon but Dudleys horse's parents were related to Mr. Ed who was also from the Great White North . The caretaker of Dudleys Horse was named Seymore Butz , a rodeo clown that performed in the Calgary Stampede for many years until he was fatally injured when Dudley's horse went rogue and sissy kicked him in the back of the head . Later it was determined that Horse was all jacked up on Mountain Dew and Horse had to be put down and then was made into dog food and sent to Hollywood Ca. to feed Rin Tin Tin and Lassie . Every story has a happy ending ! |
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Post by BagLady on Dec 28, 2013 7:10:32 GMT -5
A little levity for a serious thread--priceless! Thanks for the chuckles and historical cartoon perspective, Dudley DoGoodersl!
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Im Trying
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" Chillin-Out " One Day At A Time !
Posts: 143
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Post by Im Trying on Dec 28, 2013 14:28:42 GMT -5
Again Thanks for the information about Dudley. I do not want to hurt his image in any way. Dick Tracy is now on the scene. I am So Sorry Dudley DoRight Fans...  . Im Trying to do good !!! |
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The Forensic Cartoonist
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Post by The Forensic Cartoonist on Dec 28, 2013 19:11:48 GMT -5
Again Thanks for the information about Dudley. I do not want to hurt his image in any way. Dick Tracy is now on the scene. I am So Sorry Dudley DoRight Fans... . Im Trying to do good !!! No Worries ! You have it going on with that Avitar EH ! |
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