Inforcing CC&R'S (HOA, attorney, mobile home)

[poultry princess]

Does anyone know, do you have to have an ACTIVE HOA to enforce CC&R's in Deschutes County

[Larry Caldwell]

Talk to a lawyer. You can sue anyone for anything. Only an attorney can estimate your chances of winning. Do your legwork first. Many HOAs sunset after a number of years.

[oregonwoodsmoke]

HOA and CCR's aren't really the same thing. I would guess that if there is no HOA, an individual is going to have to press the issue.

The county building department will enforce a few CCR's. Like you can't build in Romaine Village because they changed the CCR's to say no frame built houses. The building department won't give you a building permit for a frame built house.

[Steve Pickering]

So what type of house is allowed?

[whirnot]

Duh, since it is a mobile home Community, I am going to go out on a limb and say, maybe Mobile homes?

[whirnot]

I just had to...........

[IWTT]

What are Protective Assesments in a CC&R Document? Is that a monthly fee like a HOA Fee? Is ther a time limit for those to be assesed?

[whirnot]

There are protective covenants, and there are assessments, but I don't believe there are protective assessments.

Protective covenants are basically the rules.

[IWTT]

The portion below is from a legal document that I found on file. It looks as though this is stating that section 23 which has to do with the monthly fee that is paid for supposed upkeep of club house and CC&R's is to be elliminated 25 years after April of 1976 which would be 2001. Am I reading this correct. People who live on the land owner side pay this and many are wanting out of it. Am I reading this right? The other part that I am upset about is that now that the area is in the city, any complaints must be made to the city and in reality the CC&R's are not being enforced.

I am trying to copy and paste and I keep getting the different document tags such as font showing up... can a document be attached and how?

AMENDMENT TO THE PRO'J'ECTIVE RESTRICTIONS OF ROMAINE VILLAGE UNIT NO.8

The undersigned, ROLAND G. MAREAN and JOHN McCAULLEY, hereby certify that they have obtained a list of the legal owners of the Jots in Unit 8. Romaine Village, Deschutes County, Roman]Oregon, and personally obtained the signatures of the lot owners contained in this Amendment. It is the purpose of this document to amend the protective restricti9ns of Romaine Village Unit No. 8 to eliminate an assessment contained in Section 23, which is currently Twenty Dollars ($20) per monfl1 ._

WHERE AS, Larry Romaine and Lois F.Romaine owners of Romaine Village, filed the restrictive covenants on April 20, 1976 and recorded them inVolume 232, Page 184, [/font][font=Times New Roman]in the Deed Records of Deschutes County, Oregon (the "Protective Restrictions"); and

WHEREAS,the Protective Restrictions by reference in deeds applies to fifty-six (56) lots in Unit 8, Romaine Village, Deschutes County, Oregon; and,

WHERE AS Section 17 of the Protective Restrictions provides that the owners may amend the Protective Restrictions after a period of twenty-five (25) years, provided a majority of the lot

WHEREAS, a majority the lot owners of Unit 8 desire to delete Section 23 of theProtective Restrictionsand $20 assessment.

IT IS THEREFORE AGREED, the undersigned execute their signatures below as a vote affinnative to delete Section 23 of the Protective Restrictionsall other respects, the Protective Restrictions as heretofore recorded shall remain and effect

[IC_deLight]

Without seeing a clear version of the document - it is a little difficult to say.
However, it would appear that April 20, 1976 is identifying the date of recordation of the restrictive covenants that folks want to amend. From the remainder of this excerpt, it would appear that a majority of the lot owners could amend those restrictive covenants after 25 years passed (or earlier if provided by statute in Oregon). Not certain, however, because one needs to look at the earlier document to see what it actually stated.

Assuming that owners could amend after 25 years, does the document that you have indicate dates of execution by the owners? At the very least there should be a date of recordation. When was it recorded with the county clerk?