A PLACE TO BE

A PLACE TO BE

Sunday, April 19, 2015

A TIDBIT



Last Wednesday I asked to have our Village attorney find out if a total noncompliance to Declaration’s Article X- B impedes in any way owner’s rights.



This Declaration of Covenants, Conditions, and Restrictions (CC&Rs) was recorded with the register of deeds during the initial phase of our planned community’s development  and it governs what an owner may, may not, or must do with respect to our Village’s real estate, and in Article X-B’s case, our common grounds.

Article X-B is clear that there shall be no material alterations or substantial additions to the Common Elements unless authorized by our Board of Directors and affirmatively ratified by 75% of the voting members of the Association “present” at any regular or special meeting called for ratification. It’s pretty straight forward having only one gray area, what is substantial. Should one use our board’s substantial dollar amount precedence with the maximum a manager may spend before oversight or the dollar amount that requires three bids?

Substantial though has yet to be an issue for just one reason. A Board has never ever tried to call for a ratification meeting. Why is that? We will see what the attorney says.

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