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Families Move Into Homes Built With Own Hands by
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PowerOfChoice said on Monday, Sep 3 at 8:34 PM
Under the law there are certain requirements (1) Housing Resources would have Fiduciary Duty in that any change benefits all owners and not be “self-serving” (Do you think lowing the square footage benefitted the marketability of the owners properties who had already purchased or was it self-serving benefitting only Housing Resources?) and (2) they should have received 67% of the owners, other than themselves, to agree to any change in the CCR’s in order to increase the right to build something other than already implied and expressed, which the other owners had reliance upon when they purchased.
PowerOfChoice said on Monday, Sep 3 at 8:24 PM
I know for a fact that in the CCR’s for Wine Valley the Declarant (a.k.a. Developer) did not “Reserve” the right to change the square footage of homes. In Colorado a Declarant/Developer is required to “reserve” items they want to change. The reason CCIOA requires a developer to reserve the right to change items is so the consumer can make an informed choice whether or not to purchase based upon what has been “implied and expressed” in the documents. If a developer could change anything they wanted then there would be no reasons for CCIOA to “require" them to reserve the right to change items. Without such a provision there would be no Consumer Protection Rights required under the law regarding the sale of goods to a consumer. The purchase and sale of all goods are covered under consumer protection including property.
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