Updated Covenants

Charlee

I don't know about anyone else,but I find it hard to locate specific rules and understand these covenants due to old and new pages,being out of order and no new amendments being updated.I,myself,wouldn't think it to be asking too much,to have the Lawyer update all these things,since they're being paid 3,000$ retainer.Example,email received today from Grand American Homes,needing to know setback lines,I find three different measurements of 10,20 and 6 feet side lines...which is correct?...Tia......

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Charlee

Also the Master Deed needs to be updated and put in layman's terms in opinion,I find it very confusing and to be of no effect,really......

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Louie-Fromm

If only it were that easy. The lawyer cant update the covenants without a majority vote from 1,370 property owners. Although the vast majority of submitted ballots voted to update the covenants, we literally had more people sign up for the paperless discount than we had respond to the ballots in general. Legally, a non-response must be counted as a "no" vote so maybe folks will get more involved (and better informed) next time.,,,,:(
As far as updating the master deed, it is kind of like a car title. It is a legal document written in legal jargon in a legal format as all deeds are. It basically gives partial ownership of the roads to each lot owner and defines an incorporated entity to represent those lot owners as an association while affording these owners an equal membership in that association. It cannot truly be "rewritten" but can be transferred like a regular deed in the case that EMPOA were ever dissolved. If transferred though, the new owner would literally own the roads we

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Charlee

just don't get it...it says;EMPOA Inc. sold the tracts and sections mentioned to Russel Rice for one dollar. Then it says;EMPOA Inc. owes 200,000$ to Contenintel bankers life insurance co...I see nothin in there about any roads......

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Charlee

matter a fact,I don't see anything you said in there...smh...

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Louie-Fromm

They can buy/sell tracts, lots and the roads. HOAs can even leverage property as collateral for loans. dont see anything in where?
[Login to see the link]-,Section%2066%2D27%2D107%20%2D%20Recordation%20and%20contents%20of,master%20deed%2C%20lease%20or%20declaration&text=(a)%20A%20master%20deed%2C,plats%20as%20provided%20by%20law.)

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Charlee

referring to above,by update,I didn't mean change,I meant rewrite,so as to be able to understand,take out the old outdated parts and put in the new amendments that passed......

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Charlee

and also,I don't see anything in this Tn 66-27-107 that pertains to us either,only condo's and apartments.And what little sense I can make outta the Master deed,seems like it only pertains to the condo's and surrounding lots on the top,and what was once the pool,where ever that was......

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Louie-Fromm

New amendments to the covenants didn't pass. Just the bylaws passed. Bylaws only define process and procedure of operations ie. How we determine board officers and conduct meetings and so on...
Covenants define the restrictions and limitations of lots, roadways and developments. The bylaws are being submitted to the state to be approved and recorded. Once that is done, owners can reference the state's database to view or print them. We will have a link published on our site for that.

2nd paragraph references the original master deed on book 8 page 96. We really need to get a copy of that published to the site also. Requires a trip to the courthouse

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Charlee

Again,all these tracts and sections in the paragraph you refer too as 2nd paragraph are all at the top of mtn,condo and surrounding...and ,again, this states these were sold to Russel Rice by empoa for one dollar...and i still don't know why it says empoa owes 200,000$ to CBLIC of the south.what does this have to do with anything here and now,especially roads?......

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Charlee

am i the only one here who doesn't understand what this master deed is for/saying/pertaining to???...

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Louie-Fromm

It is apparently the last modification of the master deed when they sold the pool. I can get the full copy scanned and posted if you want to come to the courthouse with me so there is a board member present. You prob need to speak with the attorney if you want to fully understand how title 66-27 works in regards to commonly owned areas being classified as an HOA from case precedent. No, you are not the only one that does not fully understand, guess that's why we have an attorney....

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Charlee

Lol....I can't get past the first line or the 2 different pages on top of each other...I can go with if you want to do it.Can you or Heather get the lawyer to call me and try to explain what this document actually says?I think the first step is understanding what it says and what it's for and why does it pertain to the poa today ,and who is russel rice.the first line says empoa sold this land to him for one dollar,so in my small brain it is not empoa's if it is sold...and what's the 200k for?......

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Louie-Fromm

EMPOA sold the pool and surrounding tracts to him for 200K. Thats where the rehab is now. I'll have Heather call you when she gets back....

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Charlee

The amendments that were recently voted on; the bylaws passed and covenants didn't,correct...Amendment #4 (paragraph 16) Term is in the bylaws amendments that passed,correct?...

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Louie-Fromm

Bylaws did pass.
Amendment #4 p16 was a proposed amendment to the covenants... did not pass

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Charlee

I really don't see how any of these covenants stand or are valid with preferred development all throughout.Seems to me,the lawyer should rewrite all this stuff and bring it up to date,i know,i know,,,can't be done without a vote,seems like something as miniscule as puttin empoa in place of pd wouldn't be such a big deal...but again,what do I know......

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Louie-Fromm

Different set of laws apply to "incorporated commonly owned" areas. While the developers still own the roads, they are the "sole" owner....

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Charlee

((( "While the developers still own the roads, they are the "sole" owner." ))) who is the developer??/ call me dumb,or ignorant,i'm ok with either,just trying to make some sense of all this madness.I believe you said,the developer (pd) sold out to empoa,and there is no longer a developer,and all the ppl,(land owners) own the poa and the roads.Anyway,back to the covenants,I was told there is a different set of covenants that doesn't have preferred development involved,if so,why are they not on the website?I've heard so many conflicting veiws on all this stuff,don't know what to believe......

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Louie-Fromm

I have no idea why they are still on the covenants after all this time. Guess they have never actually managed to get a 50% turnout on a vote in almost 7 decades.
This is what I do know, in TN, whenever a developer sells 51% of the lots within their development, they are required by law to transfer ownership of the common areas (master deed) to the lot owners. Title 66 does not apply to the developer but rather to the lot owners as it dictates how "co-ownership" is to be delegated and allows them to enforce and modify their restrictive covenants (along with dues). This is why the developer cannot charge dues but can change the covenants any way they see fit until the transfer has completed. This is standard practice according to other developers I have personally spoken with (HollerNet gets around).
Other types of "owner associations" which do not have master deeds require CCR contracts in order to enforce their covenants and dues. This is either because there was no initial develope

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