There are many questions as to the existence of CC&R's. Due to the action that has been taken by several resident owners, it might be well to summarize where we are today and how we got here, from my limited knowledge.

In 1964 Ross Cortese created the C&R's, dated 1964, for the existing co-op mutuals that were, or were going to be, built within the current United Mutual (reference this website: Home Page >> Next Map >> Documents >> Corporate Documents >>  file: "C&R's United Mutual 1964"). This document was updated in 1971 and was revised to include the condominiums in Third Mutual (reference file: "CC&R's United Mutual 1971" in the same area as the 1964 document).

In 1988 the CC&R's were once again revised and today this revision is supposedly only applicable to Third Mutual and the United Mutual CC&R's have mysteriously disappeared. PCM and GRF have maintained that the CC&R's that exist today ONLY apply to Third Mutual. United and GRF do "NOT" have CC&R's. Notwithstanding the "FACT" that CC&R's can only be revoked by a majority vote of the Resident Owners, which has never happened since 1964!

In 2002/3, when a prospective buyer visited the Administration Building, they would find a brochure that listed some of the amenities and governing documents for each of the Mutuals. United Mutual had CC&R's listed under it's heading. In 2004, this same brochure did "NOT" mention CC&R's under United Mutual. This constant denial of the existence of United Mutual CC&R's appears to have begun in earnest with the advent of land purchase/sales for the rebuilding of Clubhouse 7 and 2.

Today, thru the effort of the select few individuals, a highly regarded title company has pursued the mystery of the disappearing CC&R's, and, "Lo and Behold" these documents exist and are recorded, and, should be given to every United Mutual owner. It will be difficult for PCM General Manager and the GRF and United Mutual Presidents to continue to deny their existence.

Some Escrow companies have attempted to comply with the theory that, "If the 1964 CC&R's have not been revoked, they should still exist." For the past several years these Escrow companies have included a set of psedo "C&R's" in the package given to the buyer. The PCM owned Escrow companies do not even do this and you will not receive any such document in their Escrow package (by the way, PCM owns the Escrow company that services the PCM owned real  estate companies).

A copy of this currently available pseudo "C&R" is on the website (and can be compared to the original C&R's), reference file: "CC&R's United part of 2004 Escrow package."

This ongoing saga will eventually be resolved and should confirm that United Mutual DOES HAVE "CC&R's."

 

What did you think of this article?

Liked
Disliked
No Opinion