Plat vs CCR
Dennis, we have an unusual situation where the Plat of our HOA says that the association is responsible for maintaining X (property area), but our CCRs say it’s the homeowners’ responsibility to take care of that same area. Both cannot be right. Which rules over the other — Plat vs CCR?
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Ray,
The Plat is technically part of the CC&Rs and needs to be consistent. The plat defines the property the CC&R’s regulate the property. The plat established the restrictions required on the developer for the community and was approved by the municipality the Municipality never approves the CC&Rs. One other document that you can check is the initial public offering for the subdivision that had to be approved by the commissioner of the Dept. of Real Estate before the developer could even start the project. The initial public offering reviews the plat that was approved by the county or municipality governing the property. If the declarant contradicted the plat and initial public offering with a provision in the CC&Rs he violated the law and can be challenged. I’d have to see the actual language in both the plat and CC&R to advise you any further.
Dennis
Dennis, thanks for the lead. Is the “initial public offering for the subdivision” also known as the “subdivision public report” or “subdivision disclosure report”?
Yes, This is basically the subdividers plan for the land use and must include every detail of what is planned for that development including roadways and amenities. The details are contained in law under ARS 32-1283.
Dennis
Dennis, when I search for 32-1283, I get a one-liner about fees, fines, and disposition of revenue. Can you please double-check that?
Sorry 32-2183