Similarly, the restrictive covenant granted the trustees the power to engage Deer Run Property Owners Association as their agent. This area--indeed, the entire housing development before a 'Deer Run' even existed--was named Sterling Park (known today as Sterling Park I). According to the Seminole County Land Development Code, a minimum of 259. On July 30, 1971, the NLDC Board of Directors named three trustees. "The key to summary judgment is the undisputed right to judgment as a matter of law; not simply the absence of a fact question. "
Tom and his wife June have lived in Deer Run since 2014 and he has served on the Board since 2015. Mahoning County (Youngstown). The Deer Run PD currently contains 262. DREPOA By-Laws & Covenants These PDF files are the official By-Laws & Covenants of DREPOA: Articles of Incorporation By Laws – Recorded in Kane County By-Laws Consolidated and Condensed Supplemental Declaration of Covenants & Restrictions – Recorded in Kane County Share this: Twitter Facebook Like this: Like Loading... If the trial court grants summary judgment without specifying the basis upon which it was granted, we will uphold the decision if it was appropriate under any theory. Ribaudo v. Bauer, 982 S. W. 2d 701, 703 ( E. D. 1998).
Tami Locke - Vice President. We enjoy the sense of community in Deer Run and I am happy to provide any service to the Association that I can. Hancock County (Findlay). However, it is possible that a PD covenant can be amended or overturned by the County Commission if a majority of the five-member board votes to rezone or approve a major land use change to the PD. The restrictive covenant further states that if any trustee shall be unable to serve "because of death, incompetency, or for any other reason, the remaining or surviving trustees shall appoint a successor to serve until such time as all building sites are sold, residences are erected thereon and occupied. " We need not defer to the trial court's order granting summary judgment. Today more than 528 homes are a part of the Sterling Park neighborhood. The appointment of successor trustees was "simply the exercise of a power provided" in the original restrictive covenants, and, therefore, the statute of frauds is not violated. Fairway Oaks at Deer Run. The subdivision contains many different neighborhoods, both gated and ungated: more than two dozen in all!
A Planned Development (PD) is a zoning designation. The trustees were granted authority to assess property owners to defray the costs incurred in providing for the development. A third tract (Sterling Park III) and a forth tract (Sterling Park IV) followed in the late 1970s and early 1980s. In other words, the trust would fail. Ottawa County (Port Clinton). However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. The procedure in the restrictive covenants for making assessments has been followed. 04 that one or more of the material facts is, in fact, genuinely disputed. The plain language of the restrictive covenants allows the trustees to employ agents as the trustees deem necessary. Like all municipal, county, state, and national elections, the Office of the Supervisor of Elections oversees the vote, and CDD Supervisors are subject to state ethics and financial disclosure laws. From the Dayton Police Department after 28 years at the rank of Lt Col., assistant Chief of Police. 57 acres must remain open/green space.
How are CDD services financed? Commissioner Dallari informed the board of commissioners that the owner plans to close the golf course by the end of June 2019 and sell the land to developers. I like the unique settings and access to great schools & businesses. By clicking here, or call at. She is retired but remains active in the insurance industry as a consultant and involved in the Arts in downtown Dayton.
Summit County (Akron). This consistent and quality-controlled method of management helps protect the long term property values in a community. BBB of Dayton and Miami Valley. What will the CDD Do? This power ends only when all the lots are sold and residences are erected. She is a registered nurse with over 35 years experience. NLDC was the titled owner of all of the real estate in issue on July 29, 1971, the day of the recording of title to that land. Fayette County - NEW! I also enjoy the sense of hometown, small community and the aspect of safety and support from terrific neighbors! A CDD is governed by its Board of Supervisors which is elected initially by the landowners, then begins transitioning to residents of the CDD after six years of operation.
Appellants' argument assumes that NLDC could not appoint any successor trustees. Marion County (Marion). Respondent established that the assessments were properly made in accordance with the restrictive covenants, that Appellants were landowners that had notice of the assessments, the amount of the assessments and interest, and that Appellant had not paid these amounts. Appellants did not provide any case law to support its contention that the holders of deeds of trust or mortgages have an ownership interest in the land. CDD responsibilities within our community includes landscaping, security, and common area maintenance items.. How CDDs Operate.
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