buzzsawddog
New Member
We are currently building a home in a community that was subdivided. Attached to the property are CC&R's and I have some questions about them:
Like other CC&R's I have read, this does not mention the creation of a HOA after the last lot is sold. As a matter of fact, it does not mention an HOA at all. It does however say the following:
"The Architectural Control Committee is composed of xxxxx. In his absence and with written consent, xxxxx will act as his agent. In the event of death, xxxxx shall be appointed as the Control Committee. Other members of the Committee shall be ….., xxxxx, and xxxx. None of the members of the committee shall be entitled to compensation for services performed pursuant to this covenant. When all the lots are sold, the then recorded owners of a four fifths majority of the lots shall have the power through a duly recorded written instrument, to change the membership of the committee or to withdraw or restore to the committee any of its powers and duties."
Does this allow new rules to be created or only allow for the enforcement of rules set forth in the current CC&R's?
x.1 Nuisances:
No noxious or offensive activity shall be carried on upon any portion of said property, which may be or may become an annoyance or nuisance to the neighborhood. This includes any activity or practice prohibited by law, ordinance, or regulation lawfully imposed by any governmental authority.
x.2 Animals, Livestock, Fowl and Poultry:
No animals, livestock, fowl or poultry of any kind shall be raised, bred or kept on any lot for commercial purposes. However, one may keep household pets of up to 3 cats, and up to 2 dogs, not to exceed a combined total of 3 pets which must be kept in fenced yard or on a leash. Noise of animals must be controlled.
x.3 Farming and Gardening:
Farming and gardening shall be allowed if performed in a husbandry like manner, and any use of insecticides, weed killers or fertilizers must not be harmful to the environment.
This is what confuses me. They prohibit animals for commercial purposes then allow some pets.
* Does this mean that i should be able to keep poultry/fowl for personal farming/food purposes? It seems they exclude for commercial purposes only.
* If I decide to put in a massive fish tank down stairs in my home are the fish considered pets and does it matter because they were not prohibited?
* Honey bees? If I decide I want to put in honey bees, is that a problem? I like nice trees and flowers and Idaho already has a bee shortage/problem. I feel that the "Nuisances" clause might be the closes thing BUT it seems entirely to vague?
Thank you for your help.
Like other CC&R's I have read, this does not mention the creation of a HOA after the last lot is sold. As a matter of fact, it does not mention an HOA at all. It does however say the following:
"The Architectural Control Committee is composed of xxxxx. In his absence and with written consent, xxxxx will act as his agent. In the event of death, xxxxx shall be appointed as the Control Committee. Other members of the Committee shall be ….., xxxxx, and xxxx. None of the members of the committee shall be entitled to compensation for services performed pursuant to this covenant. When all the lots are sold, the then recorded owners of a four fifths majority of the lots shall have the power through a duly recorded written instrument, to change the membership of the committee or to withdraw or restore to the committee any of its powers and duties."
Does this allow new rules to be created or only allow for the enforcement of rules set forth in the current CC&R's?
x.1 Nuisances:
No noxious or offensive activity shall be carried on upon any portion of said property, which may be or may become an annoyance or nuisance to the neighborhood. This includes any activity or practice prohibited by law, ordinance, or regulation lawfully imposed by any governmental authority.
x.2 Animals, Livestock, Fowl and Poultry:
No animals, livestock, fowl or poultry of any kind shall be raised, bred or kept on any lot for commercial purposes. However, one may keep household pets of up to 3 cats, and up to 2 dogs, not to exceed a combined total of 3 pets which must be kept in fenced yard or on a leash. Noise of animals must be controlled.
x.3 Farming and Gardening:
Farming and gardening shall be allowed if performed in a husbandry like manner, and any use of insecticides, weed killers or fertilizers must not be harmful to the environment.
This is what confuses me. They prohibit animals for commercial purposes then allow some pets.
* Does this mean that i should be able to keep poultry/fowl for personal farming/food purposes? It seems they exclude for commercial purposes only.
* If I decide to put in a massive fish tank down stairs in my home are the fish considered pets and does it matter because they were not prohibited?
* Honey bees? If I decide I want to put in honey bees, is that a problem? I like nice trees and flowers and Idaho already has a bee shortage/problem. I feel that the "Nuisances" clause might be the closes thing BUT it seems entirely to vague?
Thank you for your help.
