Some of you received a letter in the mail from JoAnne Johnson of address 420 Claiborne drive. 30 of you received the wrong information out of 55 homeowners.
This person sent many residents a copy of the restrictions that are not for your home. Plus she did not send you the first part. Therefore some of you have been mis-informed. You need to look at the Documents tab and find DCC&RO Main Document. The Main Document pertains to every home, lot owner and anyone who plans to build in Claiborne Estates.
Next you will see that there is an Exhibit B and that part is for all of the first phase of the subdivision. This part ONLY pertains to lots that are 1 acre in size. NO it does not say (1 acre lots only) in the document.
If you look at the Maps Tab you will see 4 maps. There is Section One and Section Two. Section Two map shows lots 16, 17, 19 & 20 crossed out. Section Two Revised shows the changes in the lot sizes. This document was for all homes built during the first phase of the subdivision and all lots at that time were 1 acre in size until city sewer became available and lots were then downsized. For you to have septic the lot had to be a minimum of 1 acre.
As the first phase was almost completed the developer created an amendment for all the homes in the second phase of the subdivision. As you look at the documents tab you will find a supplement. This is the restrictions for the 2nd phase as the subdivision was being built and this is where the amendment came in and is date 8 July 2003.
The maps tab for these lots are found on map section 2 revised, map section 3 & 4. This is the document JoAnne Johnson sent to everyone which does not pertain to anyone with a 1 acre lot from the first phase. The differences in the two document are based on your lot size. All lots in the 2nd phase were less than 1 acre in size. This is the best way to know the difference, plus the document attached to your deed filing is set up the same way.
Sub-divisions are many times built in phases and this one was built that way. A new builder emerged and the decision of the developer was to build the next phase of homes with a different set of guidelines. When the next phase of the subdivision was started the restrictions were amended for all new lots that are less than one acre in size. Those homes are only allowed to be stick homes, with brick fronts, basements and all have 2 car garages.
Look at the documents and DO NOT believe what someone who just recently moved into the subdivision is telling you. Changes to the restriction require 90% of all resident to agree and if that happens it must go through the court system to change or eliminate any or all restrictions. That 90% also includes the developers votes and he as we understand it has 10 votes alone. So I do not think you will see any changes in the restrictions. I do know of 8-10 homeowners that will also vote for ZERO changes.
But remember that if you remove any items (or all items) from the restrictions and someone moves next to you and does something to bring your home values down, there is nothing you can do about it.
JoAnne Johnson does not, nor has never worked directly with the developer and knows very little on the workings of the restrictions or the HOA.
I have worked with him over the past 8 years face to face, email and via phone. If you still have questions after you read the documents, use the contact tab and we will see if we can get your question answered. Or you can contact them yourself directly.