This presentation addresses the Redstone Estates Road Association initiative to adopt CCIOA and declare submission of property rights to RERA.
Inappropriate Language of Declaration:
1. Submission of Property. The property within the Association will be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following covenants, conditions, restrictions, and easements which will run with the land and will be binding upon and inure to the benefit of all parties having any right, title, or interest in the Property or any portion thereof, their heirs, personal representatives, successors, and assigns.
The “Submission of Property” language appears to be intended to invite a court to conclude that the signatories intended to convey itemized property rights to the Road Association even though the Road Association never actually “owned” the property.
Other language constructs unauthorized proxy on behalf of non-signatory landowners. Depending on judgment of the court, this could be interpreted as non-consensual assignment property rights to RERA by signatories on behalf of non-signatories.
This could expose signatories to liability from non-signatories for seizure of property rights without due process.
Both situations are adverse to landowner interests. This is why I suggest it is best not to sign the declaration.
- RERA Covenant Declaration
- RERA Policy Document
- CCOIA Statute Text
- RERA 2019 Proposed Bylaws
- RERA Meeting Flyer
- Presentation Slides
Please leave comments below.
I have referenced common law contracts which may be new to some readers. Here are some basic references on the subject.