There are many documents for the White Bluff POA, each with its own level of authority.
The highest authority in all the White Bluff documents comes from the developer's DECLARATION,
which might be considered to be like the White Bluff Property Owners' Association Ten Commandments.
These DECLARATIONS are where it may seem as if... developers got to play god.
However, once developers record their Declaration in the County Records, it is cast in stone, and they may
not go back and make changes... UNLESS that developer is smart enough to reserve the right, and declare
a method to amend the Declaration during a development period.
Below, are the signature pages for the Declaration of Covenants and Restrictions
for White Bluff Subdivisions 41 and 40.
The left page, for WB-41, (below the pink line) says
"The right to Amend the Restrictions and Covenants is expressly retained by Developer."
That sentence gives the Developer the authority to amend those WB-41 Covenants.
The right page above, for WB-40, (below the pink line) says NOTHING about amending.
Does this mean the Covenants for WB-40 may NOT be amended?
NOT necessarily, because the developer DID give the White Bluff POA Board of Directors the power (in a Covenant) to amend that
Covenant, AND also, in the DECLARATION REGARDING THE ESTABLISHMENT OF WHITE BLUFF PROPERTY OWNERS' ASSOCIATION, INC.
(See page 2 of this DECLARATION below, which gives
the Directors the power to amend ALL of the Covenants.)
In 1996, on December 12th, for whatever reason, the White Bluff POA Board
of Directors led by President Ward, allegedly deleted their authority
(in all the White Bluff Covenants) to amend those White Bluff Covenants,
and allegedly gave that right (in those Covenants) to the developer...
Mr. Ward and company.
Did you notice the paradox in the Document above, where the Board gave that right?
"RESOLVED FURTHER, that the Covenants are hereby amended by deleting (vii) of
Article I, Paragraph (2) thereof in its entirety and renumbering (viii) of said paragraph as
AFTER they DELETED their right to amend, they amend anyway !
"RESOLVED FURTHER, that the Covenants are hereby amended by adding a final
paragraph to Article III of the Covenants which will be the last consecutively numbered
paragraph of that Article and shall read as follows:
"The right to Amend the Restrictions and Covenants is expressly retained by Developer.
Also, on December 12th, 1996, Mr. Ward executed the SECOND AMENDMENT
to the DECLARATION REGARDING ESTABLISHMENT OF THE WHITE BLUFF
PROPERTY OWNERS ASSOCIATION, INC., which appears to have deleted
ARTICLE II, Section 8 entirely. (to the right, in red)
Did Mr. Ward really have the power to change anything
in his DECLARATION, AFTER it was recorded by the County ?
Page 1 of the DECLARATION REGARDING THE ESTABLISHMENT OF WHITE
BLUFF... grants no one, any authority, to amend anything.
Page 2 (in red, to the right), gives the Board of Directors the power to amend
Page 3 gives the Association the right to increase or decrease most of the
If the developer did not RETAIN the right to amend
the DECLARATION (REGARDING THE ESTABLISHMENT OF WHITE BLUFF...)
( like the sentence below the pink line, in the WB-41 Covenants above )...
Where is his AUTHORITY to amend that DECLARATION?