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Letters and Request

Unalienable Rights Foundation
Message: 5-1-2005

Shu with the On The Commons program suggested I contact you about my HOA lawsuit.

It is a unique case and I am trying to find other court cases that I can provide to our lawyer which back my way of thinking that our HOA would need a 100% approval from the membership to agree to go back to being under the control of a developer after the original time period had expired. Also, through a 2/3 vote of amending our CC&Rs our association is trying to get our owners in our subdivision to agree to be subjected to a Declaration that was written for a Planned Unit Development being built next to our subdivision. If our CC&Rs can be amended, they are saying we will ultimately be sub-associations under a master association.




May I talk to you more about our case. Shu thought you might be able to help me. Can someone call me on Monday early? Our time zone is different than yours. I may leave our house by 1 p.m on Monday, May 1st. I am leaving today very soon and will be back this evening maybe by 5:30 p.m. I would be available to talk tonight if you wish. If you call me, I will call you back as it does not cost us extra now to make long distance calls. Thanks.


Response To Inquiry:

We appreciate Shu's referral of yourlegalquestions. Pia Trigiani at Troutman Sanders (Northern Virginia) is one of the knowledgeable people about this topic - formerly worked with the Real Estate Board, now represents a lot of associations
HOA's are regulated under state law in entirely different ways across the United States. The wording of the HOA agreement in question is almost always central to its operation and lawful scope. Resolution ofan HOAmatter almost certainly requires the services of a local attorney other than just reviewing the assn. bylaws. There is very little that can be efficiently achieved by an attorney in a different part of the country. I would have to thoroughly research Idaho law and then not be able to do much about anything I might find out.
I wish wecould help you.

While we can not address what your CCRs provide always remember that the CCRs contract away what many people consider their rights; since it isn't a government taking, but a contractual diminishment of the fee simple "bundle" (no taking of rights, they were never conveyed, since the title was subject to the CCRs) it isn't likely to come under the federal constitution . . . if you had a delegation of municipal/governmental powers to the HOA, you might be able to get government action . . . this is actually a hot topic as community associations are more and more involved in residential development/governance . . . but from a constitutional basis it is essentially private contract enforcement
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