QUESTION
Can a POA change the deed restrictions at any time, if so, are they required to notify homeowners immediately ?
Asked on Mar 31st, 2014 on Residential Real Estate - Texas
More details to this question:
My POA has exempt some of the builders from meeting deed restrictions. Our Deed restrictions state that 2 trees are required on each lot 50' and larger. They are allowing the builders to continue to build new homes with only 1 tree on lot . If a home has been sold the POA is going to require the homeowner to plant the trees. Home owner are not given a copy of the deed restrictions before or after closing. Many have never lived in a master planned community and are not aware of deed restrictions. This is a new subdivision and trees sound very minor, but will make a Hugh difference in several years. It can also be expensive for the homeowner to move existing tree and add another tree. The restrictions also state where trees are to be planted, size and height. This is just 1 of many restrictions abused by the POA . We have been told by the POA there is nothing we can do about it. The POA has all the power.
1 ANSWER
Marion Cain
you need to review the bylaws of the POA (I assume you are referring to the home owners association), and the minutes from past meetings. You will then probably be able to answer your own question! You will also discover how to get some control over the POA. The deed restrictions probably include a plan for the owners to become controlling when a certain % of the lots have been sold. Even if that mark has not been met and the primary builder is still in control, he cannot change the restrictions without adhering to the already filed plan. You and your neighbors may have to retain an attorney if the group of owners can not convince the builders to conform to the recorded documents.
Answered on Apr 01st, 2014 at 5:34 PM