Update: 4/21/2010: In the last few days several additional owners have approved the Amendment. Such that we are over the 80% requirement and it has been passed.
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From the Board:
Why bother approving the Amendment to the Meadow Hill Declarations?
When we purchase a product, sign an agreement, or take a new drug, we don’t like it when the fine print negates the benefits claimed in the advertising or the sales pitch. That is the situation purchasers, lessees, and owners confront today when even the “fine print” in the Meadow Hill Declaration is ambiguous.
The reality is that Meadow Hill is an age-restricted, over-fifty-five community subject to Connecticut and Federal laws. Following the law, no person or family should move into a unit such that they would violate the requirement that one resident of each unit be over fifty-five years of age. The Board and Management Company are obliged to act when the laws and declaration are violated.
Unfortunately, because of ambiguity in the Declaration, the law has been ignored and the Declaration has been misinterpreted by owners, lessees, real estate professionals, board members, and lawyers not intimately familiar with housing law. Unit owners, prospective purchasers, and lessees have offered units for sale, purchased units, made lessees, and have had agreements fall through because of these misunderstandings.
A key measure to avoid problems in the future is amending our Declaration to unambiguously conform to the laws which must be followed. More sales and leases will go through without being cancelled. Unfortunate liability and occupancy situations will be avoided. Potential expensive litigation for owners, prospective owners, lessees’, real estate professionals, lawyers, and Meadow Hill can be avoided. Please join your Board and fellow unit owners in approving this important clarification to our Declaration.