QUESTION
If we have deeded rights to the property, how do we go about selling it?
Asked on Aug 23rd, 2013 on Landlord and Tenant Law - Utah
More details to this question:
I own a cottage on a lake in a community of 30 cottages. The cottages are on a private road and have a private shared beach. The cottages own their own lots and have deeded rights to the road and beach. There is a set of by-laws that keep the peace and well-being of the community. The by-laws describe a simple majority voting procedure for day to day issues that affect the general community. My question relates to the selling of the road or beach in the future. Since all 30 cottages have deeded rights to the road and beach, is it requirement that all 30 cottages must agree to the sale in order for the sale to be legal? Or can a sale be implemented by a simple majority vote of the cottages?
3 ANSWERS
Lisa Hurtado McDonnell
No, they just have know the agreeing the the bylaws when they purchase the property.
Answered on Aug 26th, 2013 at 9:36 AM
I do not understand why someone would want to sell the road or beach without selling the cottages. Typically the road and beach rights would go with a cottage that is sold. A simple majority of voters cannot deprive someone from the road and beach rights. You are welcome to call me at no charge to clarify the facts, your goals, and question.
Answered on Aug 26th, 2013 at 9:32 AM
Estate Planning Attorney serving Spanish Fork, UT
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Prigmore Law
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The answer to your question can be found in your bylaws and CCRs. Some community organizations will only require a simple majority to sell, others may require a unanimous decision. If you intend to continue living there, you may want to get a unanimous decision just to keep relations good between neighbors in the future. Go to your county recorder's office to get copies of the founding documents filed on your property. That should include the bylaws and CCRs.
Answered on Aug 26th, 2013 at 9:26 AM