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susanwilliams

Subdividing

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I'm trying to interpret wording in our CCRs and was hoping for assistance, it says:  No building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws.

 

Does this mean I can subdivide as long as I comply with my County's laws?  This is part of the application process for the County based on what I've heard from them.

 

Thanks.

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3 hours ago, susanwilliams said:

No building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws.

 

Are you sure this is an accurate quote?  If it is, it's poorly written; there seems to be a word missing in this part:  "nor may any easement or other interest therein."

 

 

3 hours ago, susanwilliams said:

Does this mean I can subdivide as long as I comply with my County's laws?

 

Taking out the part I mentioned previously leaves you with this:  "No building lot may be further subdivided . . . unless such subdivision complies with all applicable laws."  Since subdividing and granting easements are two completely different things, I'm at a loss why someone would have combined the topics in this single sentence.

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"No building lot may be further subdivided, nor may any easement or other interest therein, unless such subdivision complies with all applicable laws." is word for word accurate in the CC&Rs.

 

The County said it would help to have our HOA Board agree to the subdivide in case there is anyone protesting at the hearing.  So we asked and they came back requesting our surveyed subdivision plan ($2500 is the Engineering cost for that).  We did provide a geographical layout showing the borders of the proposed split.  They also wanted a completed ACC plan with a house and outbuildings and it seemed as if they treated it like an ACC request.  They referred to this information being "complying with all applicable laws".  We aren't up for spending thousands of dollars in case the request isn't supported by them and we have no idea what house plan we will pick.  Subdividing is taking up to 6 months in Idaho now and the total cost will be $15k+.

 

Thanks.

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The sentence you have quoted says that an owner of a building lot (or any interest in a building lot) may not subdivide the lot or interest unless he/she/it complies with applicable laws.  That is not the same thing as "subdividing is permitted as long as you comply with all applicable laws," but that seems to be the implication.  One would need to read the entirety of the CC&Rs to know for sure.

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