Developer changed zoning

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  • #371904
    jim@silver
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    There are two parts to our development, a residential airpark and a business park. The developer has sold out of the residential lots and the HOA was turned over to the residents long ago. The developer has without notification to the HOA has petitioned the County for a zoning change for 5 out of the six commercial lots to go from Commercial to residential. He has also taken it upon himself to rewrite the CCRs for the business park to accommodate the zoning change, although they have not been submitted yet. He claims to have a closing for one of the residential lots pending. The CCRs have a method to amend the CCRs and that procedure was not followed.
    As a Board member I am concerned that these actions violate the property rights of our members, that this can not be done without HOA approval since it affects the Platt map which is one of governing documents as well as the CCRs that if not followed prohibit residents in the Business Park.

    #371923
    profdan_h
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    Hi Jim,

    You are correct. If the method for amending your CC&Rs was not followed, then the amendments are likely null and void. Does your developer still hold authority over the development and the HOA? I believe you mentioned that the HOA was already turned over to the residents.

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