Is the Developer violating our POA’s CC&Rs (Covenants, Conditions, and Restrictions)?
The Developer has been selling multi-lots that are deeded as one lot, so that buyers can avoid having to pay more than “one” monthly lot assessment.
For example, in 2004 lots 3511, 3512 and 3513 were sold and deeded as one lot (Lot 3511) so that the buyer would only pay one monthly lot assessment for all three lots. The owner has now decided to sell all three lots and will divide the one lot back into three lots.
Again, doesn’t this violate our POA’s CC&Rs? Once multi-lots are sold and deeded as one lot, don’t our CC&Rs require that they remain as one lot?
For 5 years, the owner of Lots 3511, 3512 and 3512 has paid only one monthly lot assessment on his three lots. He has saved more than $12,000 in monthly lot assessments by having the three lots sheltered as one lot.
A few years ago, there was another case on Cox’s Mountain where the owner of two lots, which were deeded as one lot, wanted to divide the one lot back into the original two lots, so that he could sell them individually. The POA Board refused to approve his request.
As they have done to others, shouldn’t the POA Board refuse the request to divide Lot 3511 back into three lots? Ask your POA Board members to uphold and enforce our CC&Rs.
Note: The POA Board has found 12 other lots that fit the pattern above.
6 users commented in " Monthly Lot Assessments – Some Are Not Paying "
Follow-up comment rss or Leave a TrackbackInformation from Dawson County tax records:
Owner and Parcel Information
Owner Name 1031 EULALIA LLC
Today’s Date March 07, 2009
Mailing Address 3909 CLUB DR
Parcel Number 024D 088
ATLANTA, GA 30319
Tax District UNINCORPORATED (District 01)
Location Address 3511 BEAR CREEK PT
2007 Millage Rate 22.4400
Legal Description LOT 3511 WILDCAT W-2 LL 308 LD 5-2
Acres 2.97
Class Code (NOTE: Not Zoning Info)
R3-Residential Special 5-2
Neighborhood Big Canoe
Homestead Exemption No (S0)
Landlot/District 308/
2008 Tax Year Value Information
Land
Value Improvement $345,000
Value Accessory Value $0
Total Value $345,000
Previous Value $345,000
Land Information
Type Description Calculation Method
RES BIG CANOE(100,000 B) (89)
Number of Lots 3
Improvement Information
No improvement information associated with this parcel.
Accessory Information
Description Year Built Dimensions/Units Value
No accessory information associated with this parcel.
Sale Information
Sale Date Deed Book Plat Page Price Reason Grantor Grantee
06-14-2004 603 479 59 123 $0 Gift OLIVER DAVID 1031 EULALIA LLC
06-14-2004 603 472 59 123 $0 Gift 1031 EULALIA OLIVER DAVID
06-14-2004 603 470 59 123 $355,500 Not Fair Market BIG CANOE COMPANY LLC 1031 EULALIA
Dawson County Tax Assessor Records:
http://64.234.218.210/cgi-bin/ga_dawson_display.cgi?KEY=024D%20%20%20088&
Evidently, this parcel of 2.97 acres does consist of 3 lots according to Dawson County. As the public records show, it was sold by Big Canoe Company, LLC to 1031 Eulalia for $355,500, which was not fair market value. It was subsequently transfered to David Oliver, then to 1031 Eulalia LLC.
It will be interesting to see who the owner has connections with and what, if any, explanation is made of this lates example of egregious behavior. Do you think you or I would have been allowed to do this?
The only way this should be allowed is to require the owner to pay the assessments plus interest as a condition to having the lots re-divided and this isn’t really fair to the many residents who own more than one lot and are paying assessments monthly.
This is going to be interesting:
Will the Board allow this property owner to separate his one lot back into three lots (Lot 3511 back into lots 3511, 3512 and 3513)?
They will need to decide quickly as he has already done so; and he has the lots for sale: http://activerain.com/blogsview/963058/New-Listing-3-great-Lots-in-Big-Canoe
Was this property owner trying to avoid our assessments?
Will the Board require this property owner to pay the 5 years of monthly lot assessments on lots 3512 and 3513 (with interest and penalties)?
Stay tuned.
POA BOARD DECISIONS – 3/18/2009:
Will the Board allow this property owner to separate his one lot back into three lots (Lot 3511 back into lots 3511, 3512 and 3513)? Yes
Was this property owner trying to avoid our assessments? Yes
Will the Board require this property owner to pay the 5 years of monthly lot assessments on lots 3512 and 3513 (with interest and penalties)? No
This is only one of many multi-lots paying only one monthly assessment.
Since Bob Crouch, POA Board Director, is back commenting on this forum, I will let him give you the details.
Pete,
Why don’t you provide the details as you attended the meeting. There is important detail that you can furnish beyond a mere yes or no.
Thanks, Bob.
I’m willing to let you give the details here. Take the opportunity to do so; you are a board director.
Please read the Smoke Signals Online Article.
The net is:
The Big Canoe Covenants allow the Developer to sell combined lots.
The Developer can include in the contract that they may be subdivided later. He did this in 12 transactions in the past.
The POA has no say in these matters. There is a legal, binding contract and the Covenants permit the action.
The Developer has sent the POA a letter saying that in the future back assessments would be included in the contract.
The opportunity to formalize this is with the new Covenants.