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What's Happening In Rio Vista?

Submitted by Jan Burke

 

I have been on the RVCA Board for eleven or twelve years. (Who keeps track of time when you are having fun?) Almost every year several properties change hands and the new owners receive a welcome letter with information about the Association, Architectural rules and the Annual Fee. I am always amazed when new owners are totally surprised that they have just bought into a Deed Restricted community.

Did they neglect to search the title?

Did they have an incompetent title company?

Did they not read their title?

I now have some insight into this situation. On December 8, 2013 my father passed away. In the process of straightening out the paperwork Pop’s name was removed from the title to our home. When I received a stack of papers to sign before a notary I found the new title. I actually read it. To my surprise, the person drawing up the new title left out the phrase “subject to the Deed and Agreement and Restrictions as set forth in the Original Deed & Agreement of Theodore Fletcher......”. The title mentions the property being located in the neighborhood of Rio Vista but does not mention anything about the existence of an association or restrictions. YEEEEKs! When I called to complain about the omission, I was told there was no mention of the restrictions in the current deed. Sure enough, the mistake was made when Mom’s name was removed after her death in 2010. I never noticed. OOOOPS!! A new title is being drafted to clear up the situation.

The omission does not affect the property or title. Every property within Rio Vista is subject to the Deed and Agreement and Restrictions because Mr. Fletcher set up the Original Deed & Agreement to be passed along from owner to owner. The Restrictions have been renewed three times. The third renewal of Restrictions is in effect until 2034.

We are all in the same Association with the same Restrictions no matter how our Titles are worded.

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