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.