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Update on Revised Restrictions for Franklin Trace

January 13th, 2011 Leave a comment Go to comments

At the last annual meeting, we discussed several changes to the Declaration of Restrictions.  As the board worked through the legal process, we uncovered many more issues than we anticipated. Here is a summary:

  • There are at least 3 different sets of restrictions for Franklin Trace
    • One set for sections 5B & 10 (February 25, 2000)
    • One set for sections 9 & ll (February 11, 2002)
    • And apparently, other set(s) for sections 5A, 8A, and 8B (no copy on file with auditor’s office)
  • All of the restrictions are nearly identical between sections, with only small clarification differences between versions
  • Sections 5A, 8A, and 8B of Franklin Trace do not have documents recorded with the county
  • There are no maps indicating which houses are in sections 5A, 8A, and 8B
  • 5A, 8A, and 8B are referenced in the by-laws for the other documents, indicating that they do exist
  • There is no reference to a Section 6 or 7; they may or may not exist

How did this happen?

This was done by the developer and is not uncommon. Developers sometimes prefer to break-up neighborhoods into different sections.

What are the next steps?

We have drafted a combined set of by-laws that combine the individual by-laws of each section into one common document. In the coming months, a proxy vote will be sent out to all home owners. Details of the differences between new and the existing by-laws will be included.

How can residents help?

If you have a copy of declaration of restrictions for sections 5A, 8A, or 8B, (or 6 or 7) please contact the board.

Please vote when you receive the proxy ballot in the mail in coming months.

Please ask us if you have any questions.

Below is a map of the different sections of Franklin Trace:

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