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Rights of First Refusal

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

Description

Whenever the owner of any residential lot in the Development shall receive a bona fide offer to purchase said lot which is acceptable to such owner, the owner/prospective seller shall then offer to sell said lot at the price and on the terms contained in such bona fide offer, first to the owner of the lot on the right of the prospective seller’s lot, and next to the owner of the lot on the left of the prospective seller’s lot, and finally to the Association or its assigns.

There is no need to notify any other individuals or parties. Such offerings shall be made successively and in writing, sent via certified mail, registered mail, or through national courier service such as FedEx or UPS, where there is a record of the date of receipt. It is the prospective seller’s obligations to keep records establishing the date the offers were received by each offeree.

Each offeree shall have ten (10) days after receipt of the offer to accept or refuse, and notify the prospective seller, in writing. Notice of acceptance or refusal of the offer shall be in writing, sent to the prospective seller via 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. While each of the offerees retain their individual right of first refusal for 10 days following receipt, in an effort to more efficiently move through the process, the prospective seller may send the required notices on successive days, i.e., the first letter to the owner on the right is sent day one, the second letter can be sent to the owner on the left on day two and the letter to the Association can be sent on day three.

The term “receipt” is defined as the date the letter has entered the postal or courier system. If all offerees refuse to purchase said lot at the price and on the terms proposed by the prospective seller within the time provided in this Article, the prospective seller shall be free, subject to the limitations contained in Paragraph 9.01 of these Restrictions requiring the purchaser to have been approved for membership in the Property Owners Association to sell said lot to the party who shall have made said bona fide offer at the price and on the terms as aforesaid.

The “lot on the right” for purposes of this Article 12, shall be the next lot on one’s right hand as one faces the rear of one’s own lot.