Ratings. Guidance. The Right Lawyer.
Can the buider change the covenants by filing an addendum without the consent of the current home owners?
Austin, TX
Viewed 15 times.
Posted about 1 month ago in Residential
Flag as objectionable
Current covenants state all homes must be built with 1900 sq. ft. or greater. When we purchased our home in April, the homes were marketed as an above average property. The builder is beginning to advertise homes less than 1500 sq. ft. Apparently, the builder has filed an addendum to the DCCR's. However, none of the current home owners were informed or were asked to vote on this matter. Our HOA property managers say they will not be involved in this matter. Help What can I do?
Answers (1)
L. Maxwell Taylor
This attorney is licensed in California and 1 other state.
Posted about 1 month ago.
Flag as objectionable
The DCCR may contain a provision giving the developer unilateral power to amend the terms of the Declarationm and providing that the homeowners consent in advance by accepting the deeds to their homes to having the Developer make such amendments. I don't know what your DCCR says but I have seen similar provisions in condominium declarations. You need to read the Declaration applicable to your development carefully, because you may have consented to the amendment in advance. If you've already consented to the amendment, you're out of luck.
Not legal advice as I don't hold Texas licensure, simply my analysis of the facts you present in light of general principles of law. If you need legal advice, please consult a lawyer who holds Texas licensure. Good luck. |
