Covenant, Conditions & Restrictions

Updated 05/24/07

Some background.

In 1994 I purchased a manor in United Mutual. The Escrow Package that was provided at that time included no CC&R's

In 2003 when I ran for the United Board there was a pamphlet that was available in the community center providing a prospective buyer with some information concerning Leisure World. In the spring of 2003 the pamphlet included a matrix defining the documents that were available for each of the Mutuals and under the heading for United, it specifically listed CC&R's.

By November of 2003 when I was elected to the United Board, the pamphlet was modified and there was no reference to CC&R's for the United Mutual. Since then there has been a plethora of opinions on the status of United's CC&R's. PCM, our Corporate attorney and many of the United Board members emphatically stated that United and GRF have no CC&R's.

An independent group of resident/owners managed to have the CC&R's researched by a prominent title company, "Stewart Title of California." The conclusion this company came to was, "United and GRF Mutuals have always had CC&R's and the failure to adhere to these documents has placed the United and GRF Corporations in jeopardy."

In 2007 there was a change in position by the United Board President to acknowledge that United did have a document, but it was called a, C&R (Covenants and Restrictions). The original document for the United Corporation was written in 1964 and at that time the document was called a C&R. Over the years, the document name evolved to the present name, CC&R's. In 1964 the only type of manor that was available was a cooperative and it wasn't until 1971 that the Condominiums became the main stream manors.

Statements by the General Manager and our Corporate Attorney, HK&C, implied that the 1988 revision to the CC&R's excluded the Cooperatives and the resulting CC&R's no longer pertained to the United Mutual. A letter to a resident, M. Curtis, by our corporate attorney, see item 1 below, specifically states that our corporate attorney can not find sufficient records to establish that United has CC&R's and therefore, "There are no CC&R's."

How do the United and GRF Boards reconcile the letter by our corporate attorney with the letter of certification by Stewart Title of California, see item 2 below. This letter of certification is attached to a letter by Attorney Steve Rice asking HK&C to respond to the impact of this certification letter on past and present actions of the United and GRF Boards.

A few of the various CC&R's are available for viewing below.

Reference Data:

  1. Letter from Corporate Attorney to M Curtis (United & GRF do not have CC&Rs)
  2. Letter of Certification by Stewart Title of CA (Certification letter and cover letter by Att Steve Rice)
  3. CC&R's
    1. United Mutual CC&R's 1964
    2. United Mutual CC&R's 1971
    3. United Mutual CC&R's included in recent Escrow packages
    4. Third Mutual CC&R's 1988

 

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