CCR question in Madison County (real estate, HOA, attorney)

[Nlambert]

This is probably geared towards Madison County realtors, but here's the issue at hand.

We bought our home in 2016. During the initial walkthrough we asked the realtor if there were any CCRs as we intended to build a large workshop down the road. We were told that there weren't. We then looked at the tax assessor's website and found nothing on file. We asked a final time at the closing attorney if there was anything on file and was told no.

Fast forward to two months ago. We were measuring out for the new building and our neighbor said that we couldn't build a metal building due to CCRs. I called the Probate office and found out that there are CCRs on file but they are so old they weren't in the online database so we had to get a copy from the Probate.

In the restrictions we found that we cannot build closer than 50 ft to the side or rear of the property and that the building has to be the same in construction as the house. This would mean a 20x20 garage located in the middle of our back yard, completely inaccessible by vehicle. However our current detached garage is only 22' off the line (at the end of our driveway) as is everyone else's. We also found out that we cannot have an RV on the property unless it's in a building that we can't build due to setbacks.

I sent a letter to the Architectural Control Committee, the original owners who subdivided all the land, seeking approval to build the building. The owners sold out of the neighborhood ten years ago and live across the county.

We received our response today basically saying that we don't meet setback requirements nor does it meet the material requirements and that they are still in control of the committee despite not living here or owning any property in the neighborhood. There is no HOA and some neighbors think the CCRs should be updated as they were put in at the end of 1987 (run with the land). Many of us were not aware they existed and also now know that the original owners are extremely difficult to deal with.

Here are the questions:

1. What is the process to request an amendment of the CCRs?
2. If the neighborhood wanted to file a petition to get the CCRs amended or removed, how do we determine the number of people needed to get it approved by the Probate? The CCRs say that a majority vote could remove the committee or members thereof. Assuming majority would be recognized as 51%?
3. Where can we find Madison County subdivision codes? We were looking today at setback requirements for the county as most of the neighbors are now concerned that they have violated the CCRs with their garage. No one knew these were here.

A few people who still live here are friends with the original people however most of us are fairly new.

[tn_native]

Is the subdivision Whitt Haven?

[Rick In Madison]

Wow, a realtor NOT doing their job. I'm shocked. They are very good at cashing that "commission" check.

I'm assuming the CCR doesn't have a section that outlines the rights in which the property owners have to propose and vote for changes. The reference to 51% majority drew my attention. I know the rules in our HOA require a 66% majority to make rule changes.

My recommendation would be try to organize the neighborhood in a neighborhood-wide meeting; see if your views match the vast majority of those who attend, and then seek out an attorney for further advise and direction. It may collectively cost you all $5000 -$10,000 to see it through.

With respect to the original owners subdividing their land; an attorney may discover for you that the original owners may still own a small undeveloped piece of the area; a common area; a tree line along a creek, and etc. This may give them the right to continue their dominion over you all.

Good luck.

[r x f]

The process to amend the CCRs will be in the CCR.

Look up your neighborhood plat to see the minimum setbacks.

If a portion of the CCR has been historically violated, it is most likely no longer a valid rule. Our neighborhood has a restriction that you can't have more than 2 car garage spots. It's been violated since the 80s and our real estate attorney said not to worry about it as it's no longer enforceable.

Unlike a HOA, a CCR can't fine you or take your house. If you violate the CCR, somebody in the subdivision has to sue you to stop it.

[SugJake]

Originally Posted by tn_native

Is the subdivision Whitt Haven?

I thought the same thing!