Disclaimer: All content is true and correct to the best of our knowledge. Subdivision records remain undisclosed, so information is based on crowd-sourced documents, state and local archives, and interviews with long-term residents. The goals of this initiative are education and transparency. Nothing here should be construed as legal advice.
Homeowner Rights
From the developer's founding documents -- the Declaration (1971) and Articles (1971) -- arise homeowner rights. These rights are fundamental and unalterable unless homeowners duly amend.​ Because Thaynes Canyon homeowners have never amended the 1971 Declaration, all the rights and obligations stipulated in our founding documents remain intact, including but not limited to:
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10’ setbacks, 25’ height max, and all other lot restrictions (CCRs/Declaration 6.4-6.5);​
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Right to pursue private legal action in defense of those restrictions (7.1);
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Right to an association that is protected by nonprofit incorporation (3.1);
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Right to democratic governance (4.1, 8.2, 1971 Articles VI.), including any decision to reconstitute an HOA, the election of any board, and authority over a subordinate architectural committee; and
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With due process and the approval of homeowners, the right to amend that original contract (3.2, 8.2) to make it whatever we, collectively, want.
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These rights exist independently of any association.They are inherent in our founding contract and are not altered by any subordinate document, by any improper entity formation, or by any individual or group's claim of power. The only way these rights change is if we collectively change them.