If the parties hereto or any of them or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or person owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violation or attempting to violate any such covenants and either prevent him or them from so doing or secure damages or other dues for such violations.
IN A NUTSHELL: The covenants in all of the subdivisions states that if anyone violates or attempts to violate any of the covenants it shall be lawful for any other person in the subdivision to prosecute the person and secure damages.
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In Burning Tree South Covenants and Burning Tree One/Two assessments are for the ACTUAL cost of maintenance, repair and upkeep of the common areas of the Association the Certificate of Dedication (covenants) is about! It does not say in these areas that the BTMA can assess. Why do they continue to claim that they do not have to assess the duplexes and apartments? Joe Hirsch stated that Burning Tree Two was never incorporated. According to the Secretary of State Joe Hirsch is WRONG.
BTMA demands money be handed to them under threats.
Burning Tree Master Association board of directors have violated the covenants by assessing and liening homeowners. Where is their authority when their own Articles of Incorporation and by-laws state exactly what attorney Frank Speigelberg told them -that it is NOT the homeowner who is the member!
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So, if anyone violate the covenants of my subdivision it is lawful for me to prosecute them and collect damages. Hmmmm.....The BTMA directors have violated them by demanding money under threats to homeowners and they do not even have the authority to assess. (The only thing it mentions in my covenants about the Master Assn is that we have an easement to use the BTMA facilities as long as we follow their rules and regs.)
ReplyDeleteYet, another thing Joe Hirsch is WRONG on. Dennis Phillips should have spoken up as he knows that he is still the Registered Agent on Burning Tree Area #2.
ReplyDeleteThis is all wrong that Joe Hirch is placing liens on property un-lawfully. He is not a part of Burning Tree South therefore is unable to place liens on property!
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