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I bought a lot and built a home in a Virginia subdivision in…

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I bought a lot and...
I bought a lot and built a home in a Virginia subdivision in 1998. My deed to the land was subject to two sets of restrictive covenants, referred to by Deed Book and Page Number. There was nothing in the covenants requiring the formation of a Property Owners Association although there was a clause that said that when 100% of the lots had been sold, a 14-acre parcel would be deeded to "The Property Association" for common use. This is the only mention of a Property Owners Association.

Now that 100% of the lots have been sold, some owners wish to form a Property Owners Association to take advantage of the offer of a common area. Others do not want the burdens imposed by a POA.

My question is, can a POA (with jurisdiction over all owners) be established by a majority vote, or is unanimous approval required?
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/23/2010
Lawyer: Law Pro, Attorney replied 8 years ago
Law Pro
Law Pro, Attorney
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Satisfied Customers: 24,870
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Although your deed makes no mention of the POA - is/was there anything filed by the developer about a POA?

Usually a developer has to file a recording with the Recorder's Office of the development and/or the municipality. If done - it's a public record and your subject to such.

It's very common for deeds to state much about that. I'm sure your deed states something to the effect that it's subject to all recordings of public record.

However, if there isn't or wasn't anything filed by the developer - then it would take a unanimous vote by all the owners to be subject to the POA - not just a majority.

If there is something of record filed about the POA- then you will have to look at that record and determine what has and has not been filed.







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Law Pro
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Customer reply replied 8 years ago
Thank you for this information. The developer has not recorded any requirement that there shall be a POA. BUT the two Restrictive Covenants recorded prior to my purchase and referenced in my deed contain a clause to the effect that the Architectural Control Committee (consisting of the developer and his brothers) can amend the restrictive covenants at any time. They have done (and recorded) this four times in the past 10 years, and I have assumed that these amendments only apply to new purchasers (viz. purchasers after the recording of these amendments). I have assumed that I am only bound by the versions referred to in my deed - otherwise the deed would have said "and any subsequent amendments", which no purchaser in his right mind would have accepted. AM I RIGHT ABOUT THIS?

This is an important question because the developer has just circulated (but not yet recorded) a draft of the Sixth Amended Covenants mandating the creation of a POA. He claims that he has the right to do so because of the clause mentioned above.
Since there is no requirement for the formation of a POA in my deed, I do not believe I would be bound by this, even if he records it. I suspect it is a bluff.

Your advice would be greatly appreciated
Customer reply replied 8 years ago
I sent a supplementary question on June 25. I'm not sure if I pressed the right buttons to transmit it, although it appears above. An answer would be appreciated.
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