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Old 02-04-2009, 06:02 PM
 
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I am not familiar with HOAs in CLT and I am interested in knowing if the rules/regulations of the HOA are part of the convenants of the deed? I am only knowledgeable with those that are restricted convenants that run in accordance with the deed to the property.
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Old 02-04-2009, 06:09 PM
 
Location: Charlotte, NC
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no, it is just a part of the deed that the HOA exists. Now, the CCRs are recorded, but, they are not technically part of the deed.
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Old 02-04-2009, 06:22 PM
 
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Quote:
Originally Posted by chicagocubs View Post
no, it is just a part of the deed that the HOA exists. Now, the CCRs are recorded, but, they are not technically part of the deed.

CC you need to expand on this a bit. "they exist as part of the deed" is contrary to "not technically part of deed"

Dimilo.
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Old 02-04-2009, 06:52 PM
 
Location: Charlotte, NC
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Originally Posted by johne482 View Post
CC you need to expand on this a bit. "they exist as part of the deed" is contrary to "not technically part of deed"

Dimilo.
The existence of the HOA is a part of the legal description....it says something like...blah, blah, metes & bounds, as part of the Meadows subdivision, blah, blah, blah...and the covenants & restrictions thereof....blah, blah.

BUT, it does not actually list all of the CCRs on the deed. Just refers to their existence.

The difference is that the people in the HOA can legally change or amend the CCRs if they have 75% of the homeowners to agree. It costs something for the atty to draw up the amended CCRs and then they have to be approved by the board and recorded. If the CCRs were actually written into the legal description and on the deed, first of all, that would make one seriously long legal description, but, then, they could not be changed nor amended unless you changed every deed in the entire subdivision...which would be prohibitive in terms of cost/time.
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Old 02-05-2009, 06:24 AM
 
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Got it thanks. Totally different than what I have on my primary house which is "restrictive convenants" and won't bore anyone with the details.

Thanks again,
John
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Old 02-12-2009, 12:48 PM
 
Location: Long Island
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thank you for the comments Juliema ... appreciate that!
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