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Cluster Homes
Cluster homes featured individually owned units grouped in
clusters of four to six units with attached carports. The
cluster homes were available with one, two, or three bedrooms.
Cluster homes were available for purchase only and required
payment of a monthly maintenance fee. In addition, condominium
units were available for purchase only and required payment of a
monthly maintenance fee. Petitioner reserved the right to
increase the maintenance fee effective the first of each calendar
year with 30 days' notice to the owners.
Three legal documents were executed in connection with the
purchase of a cluster home: a deed, a purchase agreement, and a
lease agreement. Petitioner's attorney, Charles Worley, drafted
these documents for petitioner's use. All three documents made
reference to the other two documents. A copy of the purchase
agreement was attached to the recorded deed, and the terms of the
purchase agreement were also incorporated into the deed by
reference. Pursuant to the deed, petitioner "bargained and sold"
and conveyed the cluster home unit in fee simple to the
purchaser. The lease agreement was for the surrounding yard; the
lease payment was $1 per month. The term of the lease ran "for a
term coinciding with [purchaser's] ownership" of the cluster
home, terminating upon the "sale or other disposition" by the
purchaser of the cluster home. The purchase agreement remained
in effect as long as the owner occupied the cluster home.
In the purchase agreement, petitioner agreed to convey and
the purchaser agreed to purchase the identified unit. In the
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Last modified: May 25, 2011