S Glastonbury Parcel 28 Owners Win Lottery? Church Loses?
Mar 27, 2016 10:40:36 GMT -7
chris likes this
Post by Admin on Mar 27, 2016 10:40:36 GMT -7
South Glastonbury Parcel 28 Owners Win the Lottery? Church Loses?
The Forum recently discovered what appears to be a typographical error in the current Covenants. We downloaded a copy of the Covenants from the official GLA website and took a screenshot photo of Exhibit "B". That exhibit specifically lists all the parcels that are subject to the Covenants. We believe that parcel 23, which belongs to the Church and is where the South Glastonbury Teaching Center is located, was meant to be excluded from the Covenants. However, it appears that a typographical error happened when parcel 28, which is privately owned, was accidentally listed as parcel 23. See the photo below:
If the original Covenants which are filed at the County courthouse are the same, the error will produce both winners and losers. The winners are the multiple owners of parcel 28. They are not subject to the Covenants and do not have to pay assessments. They also should get a full refund for all assessments they paid since 1997. One parcel owner put in an application for a house and guest house with the Project Review Committee recently. Since their parcel is not legally under the jurisdiction of the GLA they do not need permission from the GLA to build anything. All of their application fees should also be refunded because the GLA has no authority over parcel 28. The owners are not bound by the Covenants and as a result their property is worth much more than adjacent properties. Properties not included in any HOA or LOA are relatively rare in Paradise Valley.
The big loser could be the Church who owns parcel 23. If they have not paid assessments since 1997 on this parcel then they could owe a bill that totals in the thousands of dollars with penalties and interest.
How will the GLA sort this problem out? The owners of parcel 28 could petition the GLA to include them but that would be a financially unwise move. In any case the parcel 28 owners deserve a big refund. If the Church has not paid assessments they should get a big bill. The Church could petition the GLA Board, per Covenant 1.04, to withdraw it's property from the jurisdiction of the Covenants. If granted, that would harm the community financially via lost assessments and open the door for any disgruntled or profit savvy landowner to request a similar withdrawal.
We will keep you posted on developments.
We will keep you posted on developments.