Wednesday, September 5, 2012
Constructive notice
Constructive notice is a legal term meaning that persons are assumed to have knowledge of something by virtue of the fact that it is in the public record. This principle means that someone cannot deny knowledge of a fact because they have a duty to inquire.
For example, if you purchase property, you are presumed to know the legal status of that property because it is available through public records. Deeds and a Certificate of Dedication are considered “constructive notice”.
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Constructive notice is in the Burning Tree South and Burning Tree One and Two covenants under membership it says you are a member only of your subdivision and that is who can assess or lien you. You can only be assessed for ACTUAL repair, upkeep and maintenance of the facilities and grounds in your subdivision. (read the link called "The BTMA board has been violating the covenants!")
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