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Wismer

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  1. Wismer

    "applicable laws"

    Hi. re: "will approve any request to subdivide a 5 acre lot to 2 2.0 acre lots" Can I reasonably assume that the spirit of the law of this statement means that initial lots that are "around" 5 acres, i.e. say from 4.5 to 5.5, can split off 2 acres? It is interesting math in that 2 x 2 acre (=4) < 5. So I hope to reasonable assume it means "approximately" 2 acres (i.e. if we tried to subdivide 2.3 acres) that it would still be approved. Thx.
  2. Wismer

    "applicable laws"

    Hi. Correct - our intention is to subdivide at least 2 acres.
  3. Wismer

    "applicable laws"

    Hi. There is new information on this topic that I would like to share, in hopes for additional opinions. Upon a followup visit to the county recorder, we have discovered that there does exist an amendment to the CC&R's, that has been signed and notarized and properly filed. Specifically (quote unquote) , an item in the amendment reads: "4.3 No Further Subdivision below 2.0 Acres. Architectural Committee will approve any request to subdivide a 5 acre lot to 2 2.0 acre lots if request meets applicable laws." Our intention is to submit an architectural committee request for our proposed subdivision. Do you feel that our HOA Board of Directors can find a way to block us on moving forward, providing we adhere to the "applicable laws" (county and state)? Thx.
  4. Wismer

    "applicable laws"

    Hi. Thank you. re: Is there anything anywhere in the CC&Rs requiring HOA approval for any modifications of a property? Providing I understand your question correctly, I would answer "yes", because the CC&R's have entire section "architectural committee" ("the architectural committee shall consider and act upon any and all proposals or plans and specifications"). Currently, the HOA board is the architectural committee. I would think that the CC&R's, and thus the powers of the architectural committee, would only apply to the new property created with its own title, provided we are approved to subdivide by the county, and made it through all of the public hearings.The only mention of the word "subdivision" is the statement I provided earlier, that started my questions on "applicable laws". There is no reference to the concept of subdividing whatsoever in the architectural committee section.
  5. Wismer

    "applicable laws"

    Thank you! I had not looked at the sentence syntax from that perspective. I suppose it is ambiguous for a reason. The CC&R's use the "unless" word a lot. So if I understand you correctly, in all cases in the doc, everything after any "unless" usage is not helpful at all to HOA members.
  6. Wismer

    "applicable laws"

    Hi pg1067. re: Without the context of where this two word term appears int he CC&Rs, it's not really possible to say much other than that the meaning of "applicable laws" The HOA board directed my attention to the following CC&R item ... Article IV "General and specific restrictions", Item 4.4 "No further subdivision. No Building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws." Context.... We are considering subdividing, and a representative of the County Development Services Department told me that it can often help with the county applications if the HOA board shows prelim written support of such endeavors. We asked the board (who we thought we had a good community based relationship with), and they wrote a snotty letter back stating that they would not support our endeavor, with lots of illogical and unreasonable statements surrounding the CC&R general item they bold faced: "No further subdivision. No Building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws.". I.e. They are operating as if they have the power to stop someone from subdividing, over and above the series of public hearings that have to take place anyway. Also, their response letter reads "as if" we were making an architectural committee request to them vs "this is a good will request letter to mention our hopes to subdivide". Thus my question, what is the generally accepted legal meaning of "applicable laws", when there are no definitions stated in the CC&R's, nor the Bylaws.
  7. Hi. Can the spouse of a title holder of a property in an HOA run for the board, even if both of us are not on a title? There is nothing that states "title holders only" in the CC&R's nor the Bylaws (owners can be members). Furthermore, I am assuming that because we are married in a community property state, that the HOA would not be able to prevent me from trying to be elected to the board at the next general election ( we have made a conscious decision to not have both of us on title at this time ). Thx.
  8. Wismer

    "applicable laws"

    Thank you! We are considering subdividing, and a representative of the County Development Services Department told me that it can often help with the county applications if the HOA board shows prelim written support of such endeavors. We asked the board (who we THOUGHT we had a good community based relationship with), and they wrote a snotty letter back stating that they would not support our endeavor, with lots of illogical and unreasonable statements surrounding the CC&R general item they bold faced: "No further subdivision. No Building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws.". I.e. They are operating as if they have the power to stop someone from subdividing, over and above the series of public hearings that have to take place anyway. Also, their response letter reads "as if" we were making an architectural committee request to them vs "this is a good will request letter to mention our hopes to subdivide".
  9. Hi. Can someone please let mean know what is meant by these two words "applicable laws", that are contained in our CC&R's, but there is no reference anywhere in the CC&R's (not in the DEFINITIONS section, etc) as to what laws is the document referring to, or mean, specifically. There is no definition of "applicable laws" in the Bylaws either. I am making an assumption that "applicable laws" is a general legal statement in docs that means County laws and/or State laws, since I do not understand the content found within CC&R's to be "laws". (e.g. County Zoning Ordinance or Building Code Ordinance, etc). Thx.
  10. Hi. A few weeks back, I got a text from my former spouse, stating "BTW, I misplaced the passports" (and that I need to find a way to get her new signatures and information from me for all 4 children). In decades (literal), this person has never replaced a plane ticket nor important travel doc. It is being touted as a crisis as the X and the children are heading out of the country in a few months. This was far from an amicable and friendly divorce (I filed). Has anyone ever heard of using this tactic to simply antagonize, or perhaps to prep for some other legal agenda? Thx.
  11. Hi. I am working towards rebuilding my life with a wonderful person. I am digging out of bankruptcy and divorce. Typically prenups protect one person's assets from the other upon marriage. One particularly troubled person from my bankruptcy is extremely litigious. The person would probably have to sue again, however, is there any wording at all that exists for a prenup to protect one person's assets from PAST bullies? The concern is that my future wife assets would be fair game for anyone who learned we were married - and that is easy to learn. Thanks.
  12. Thank you very much for the quick reply. The letter we received is requesting evidence of a Two Year Meeting Requirement. The letter says this is admissible evidence: Your own statement which must include the date, place, and circumstances of your meeting. If you submit a personal statement, it must be supported by additional evidence. We are including : 1) Copies of travel documents (itineraries, tickets, hotel accommodations, etc. 2) Affidavits of friends, neighbors, or other knowledgeable associates. All affidavits must be written statements sworn to or affirmed by two persons, other than yourself and the person you are petitioning, who were living at the time the event(s) occurred, and who have personal knowledge of the event you are trying to prove. This is for the I-129F fiance visa. ' 'We are looking for a sample of an affidavit to meet this requirement to make sure we submit this correctly. Thanks.
  13. Hi. After waiting patiently for over 7 months to hear back on our I-129F application, we got what looks to me like a simple form letter "RFE" demanding even further definitive proof that we have been in a long term relationship (my fiancee got the letter, as she is the petitioner). Can anyone please help with a recommendation of an affidavit letter format so that we can get a couple who know us well to execute it and get that back to USCIS? If pictures and airline tickets and passport stamps et al are not enough, I am not certain what else may help. However, we are not giving up. We've known each other since grade school and have been given a chance for a new and happy life together. If there is any additional advice or suggestions on truly acceptable 'evidence', we would appreciate the knowledge. As an aside, we signed up for the email/text alerts on the USCIS site last fall, and are curious as to why we did not get an alert for this hurdle. Many thanks.
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