When we had our Annual Meeting, you promised that the agreement with Welk would be recorded with the county. Why isn’t it?

Our Association’s legal counsel advised us that county-recording of this non-real estate agreement would be unnecessary. Recordation is really for sales, leases and assignment of real property. This agreement deals purely with maintenance standards and involves no transfer of real property. It is completely enforceable and complete on its own, and it was signed by corporate officers of our Association and of Welk Resort Group to make it legally binding. Our counsel also indicated that an unnecessary recording of the contract would have to involve the lessor and the Bureau of Indian Affairs, which would multiply the legal costs and delay the project by months by dealing with unneeded bureaucracy.


Category: Median

← When we had our Annual Meeting, you promised that the agreement with Welk would be recorded with the county. Why isn’t it?