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Property Sale Requirement

Rights of First Refusal

Per Article 12.01 of the Covenants & By-laws, including amendments passed at the January 11, 2025 Board of Directors meeting.

Before Selling a Residential Lot

When a residential lot owner receives an acceptable bona fide offer, the right of first refusal process must be followed before the lot may be sold to the outside buyer.

Bona Fide Offer

The process begins after the seller receives a bona fide purchase offer that is acceptable to the seller.

Written Notice Required

Offerings must be made in writing through a trackable delivery method with a record of receipt.

10-Day Response Window

Each offeree has ten days after receipt of the offer to accept or refuse in writing.

Who Must Be Offered the Lot?

The offering is made successively. There is no need to notify any other individuals or parties.

1. Owner on the Right First, the seller offers the lot to the owner of the lot on the right of the seller’s lot.
2. Owner on the Left Next, the seller offers the lot to the owner of the lot on the left of the seller’s lot.
3. The Association Finally, the seller offers the lot to the Association or its assigns.
The “lot on the right” means the next lot on one’s right hand as one faces the rear of one’s own lot.

Seller Process Overview

This overview is intended to help members understand the general steps in the process.

1

Receive an Acceptable Offer

The residential lot owner receives a bona fide offer to purchase the lot that is acceptable to the owner.

2

Prepare Written Offerings

The seller offers to sell the lot at the same price and terms contained in the bona fide offer.

3

Send Notice by Trackable Delivery

Notices must be sent by certified mail, registered mail, or national courier service such as FedEx or UPS, where there is a record of receipt.

4

Allow the Response Period

Each offeree has ten days after receipt of the offer to accept or refuse and must notify the seller in writing.

5

Keep Records

The seller is responsible for keeping records establishing the date the offers were received by each offeree.

6

Proceed if All Refuse

If all offerees refuse or do not purchase within the required time, the seller may proceed with the buyer who made the bona fide offer, subject to membership approval requirements.

Approved Delivery Methods

Offerings and responses must be in writing and sent through a method that creates a record of receipt.

Certified Mail

Acceptable if there is a record of the date of receipt.

Registered Mail

Acceptable if there is a record of the date of receipt.

National Courier

Services such as FedEx or UPS may be used where there is a record of receipt.

Timing Notes

While each offeree retains their individual right of first refusal for ten days following receipt, notices may be sent on successive days to help move the process forward.

Example: the first letter to the owner on the right may be sent on day one, the second letter to the owner on the left on day two, and the letter to the Association on day three.
“Receipt” is defined as the date the letter has entered the postal or courier system.

Article 12.01 Description

Frequently Asked Questions

When does the right of first refusal process begin?
The process begins when the owner of a residential lot receives a bona fide offer to purchase the lot that is acceptable to the owner.
Who needs to receive notice?
Notice is offered successively to the owner of the lot on the right, the owner of the lot on the left, and finally the Association or its assigns. There is no need to notify any other individuals or parties.
How much time does each offeree have to respond?
Each offeree has ten days after receipt of the offer to accept or refuse and must notify the prospective seller in writing.
What delivery methods are allowed?
Written notice may be sent by certified mail, registered mail, or through a national courier service such as FedEx or UPS, where there is a record of the date of receipt.
What does “lot on the right” mean?
The “lot on the right” means the next lot on one’s right hand as one faces the rear of one’s own lot.
Should members consult an attorney?
Members with questions about a property sale, legal obligations, notices, timing, or real estate documents should consult their attorney.