(1) ok. CCRs rule. Is it possible for you to revise our CCRs pertaining to 94.680?
A: I can give you some possible text, but you'll be the one making the revisions. In order for me to actually provide a final draft of the instrument, I would have to "take your case," and that would be flatly illegal in this forum. It would also cost you $10,000.
That's probably not on your menu.
(2) agree. We need to go 100% Master Policy or 100% owner coverage. Challenge is our community has 32 town homes (2 per building) and the Master Policy does not cover road or our 13-acre landscape repairs/replacements. If we elect to be 100% owner coverage, personal loss assessment would cover roads and landscaping at least via our personal policy Agent. Also, our annual fees for the Master Policy is now over $22K per year. 100% owner coverage has broader coverage at a significantly lower cost and deductible.
What's your opinion on some of us carrying 100% owner coverage in addition to paying our share of the Master Policy cost?
A: I think we may have a miscommunication. Owners cannot cover common element/area property. So, there's no absolutely 100% owner coverage. There will always be some level of association coverage. But, that's something that you will have to work out with your insurer. And, you may want to try to figure this out, before you actually amend your CC&Rs. That way, you'll be sure you haven't "stepped in it" -- to quote a old rancher friend from Yamhill.
New question: If the town home is abandon who owns the town home?
A: Title to real property does not expire. The owner of record in the county clerk's office is the owner until: (1) a foreclosure occurs; (2) the owner sells to a new buyer; (3) a person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive, hostile and continuous possession of the property for a period of 10 years (ORS 105.620); (4) the government (typically the city or county) seizes the property under the power of eminent domain -- usually because it is a health and safety hazard; (5) the county sells the property at a tax sale for the unpaid property taxes; or (6) the property is sold by the sheriff to pay some other existing lien (federal tax lien, state tax lien, mechanic's lien, utility lien, homeowners association assessment lien, etc.).
Is it possible via owner assessments that we rebuild the town home exterior, become owners and then resell the town home?
A: I'd have to read your existing CC&Rs. But, yes, it's possible.
Hope this helps.