Wednesday, September 5, 2012
What is an easement?
WHAT IS THIS EASEMENT MENTIONED IN THE COVENANTS?
An “Easement” is a privilege that simply opens options for homeowners.
DOES AN EASEMENT MEAN WE HAVE PAY THE BTMA?
It does not give the BTMA legal standing to assess homeowners! It is not an obligation for anyone to have to support or subsidize the BTMA.
FURTHER PROOF THAT HOMEOWNERS ARE NOT MEMBERS AND SHOULD NOT HAVE BEEN ASSESSED/LIENED As Frank Spiegelberg wrote in a letter (a letter that many homeowners are in possession of) it is NOT the homeowner who is the member of the BTMA; it is the owners association.
Frank Spiegelberg, who was the BTMA president for several years and also an attorney was correct according to the BTMA Articles of Incorporation
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We have always had an easement to use the pool as long as we follow their rules and regulations (i.e. no thongs, cutoffs, no glass bottles etc) Where the BTMA has screwed everyone is when they ignore their own by-laws ARTICLE IV PROPERTY RIGHTS(2)The right of the Association to charge reasonable admission and other fees for the use of any common facilities situated upon the common areas;
ReplyDeleteARTICLE VIII POWERS AND DUTIES OF THE BOARD OF DIRECTORS(b) determine a reasonable admission fee or charge for the use of recreational facilities situated upon the
common area;
ARTICLE IV PROPERTY RIGHTS Each owner shall be entitled to the use and enjoyment of the facilities and the owner may delegate his rights to members of his family, his tenants or contract purchasers who reside on the property. Each member shall notify the secretary of the corporation in writing of the name of anyone they gave away those rights to.
ReplyDelete(Did you see it says RESIDE ON THE PROPERTY!!!!) Why are grandkids and adult kids getting a free ride to use our facilities?