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"We" the PBH HOA Board, PBH ARC, and
PBH Covenants Advisory Committee are for combining the covenants with
effective enforcement powers for the following reasons:
Covenant unification reflects the
reality of our community identity –
PBH is a unique community. All
currently separate units share one identity and are all in a completely
similar circumstance. Any areas outside of the original seven units do not
share that same identity and are not similar and obviously should not be
included with PBH. If you list your house for sale, will you tell the
realtor "I live in PBH unit 4" or "I live in PBH" ? If someone around
Boulder asks you where you live, no one will say "I live in PBH unit 1", but
many will respond "PBH". We believe PBH's legal foundation should mirror
our community's image. Combining the Covenants means all PBH will have a
similar set of rules at the level of our whole community, rather than
separate, inconsistent, conflicting ones in a balkanized set of 7 different
units. This reflects the reality of our PBH identity, which has been
admired by the many outsiders who come to our yearly garage sale, mountain
expressions sale, hear about our Beetle Busters, or who generally interact
with PBH in some other capacity.
Effective enforcement capabilities
help maintain our property values –
There is a difference between wanting
relative freedom and absolute freedom. Without some very limited control,
property values could be driven down appreciably by one homeowner alone.
There are current restrictions and the nature of those restrictions would
not change. What would change is the ability of neighbors to do something
to protect themselves from the very rare occasion when all need to protect
ourselves from someone who can ruin the neighborhood for everyone else. Ask
the North Cedar Brook residents if they want help with their situation from
other parts of PBH. You will get a deafening "yes" from the dozens of folks
who signed a petition to the owner of a partially built house in their
midst. The partially built eyesore with dangerously exposed rebar and
blowing trash has a builder who has publicly stated no interest in
completing his already 3plus year effort to build a house. This situation
has limited neighbors ability to sell their property and so has great
potential to decrease their/our property values. Unification and several of
the enforcement provisions add a larger critical mass of all of PBH to the
much smaller group in the unit most affected, to help resolve situations
like this.
Building Guidelines are the same or
simplified -
The building guidelines in the new
Covenants are basically the same as not only the 1992 version, but also the
1960s versions of the Covenants. This includes the square foot size
considerations. Can anyone define what "1.5 stories" means ? That is why
we have simplified things to 2 stories. Plus the building timeline has been
extended to 2 years with a possible additional extension after consultation
with several PBH builders and residents - to reflect the realities of modern
building practices. Remember, the proposed new Covenants have a grandfather
clause so that no existing homeowner will be required to change their house
from what they already have. Nor would anyone need to change an existing
home when he or she buys it.
HOA members have increased ways of
affecting the HOA Board –
Far from enabling a rogue HOA Board to
impose on the membership, the proposed By-Laws actually increase the ability
of active members to influence the HOA Board. For the first time, there are
included mechanisms for HOA members to remove HOA Board officers, change the
By-Laws, and vote on approving the HOA budget. It is true that another
clause means only those who pay the dues can influence the HOA Board. We
believe those who participate in the organization are those who should
modify and control it - not those who have decided not to support it. One
must also remember that the HOA Board only enforces the existing covenants.
Neither the board nor the association can change the covenants. Only the
Lot owners can do that.
Covenants and By-Laws were designed
to be modified -
Some folks have argued that the
covenants should not be changed from the way they were when they bought
their homes. The implication is that they relied on the terms of these
covenants when they bought their homes. Well, the covenants upon which
they are relying state specifically that a majority of the Lot owners could
change the covenants. Apparently those folks would like to pick and choose
those terms of the covenants that they want and those they do not want.
Selective amnesia regarding one's responsibilities vs. one's benefits within
a community isn’t acceptable behaviour.
In summary, we ask you, Lot owners in
Pine Brook Hills , to join with us to help unify the Covenants with
effective enforcement powers to:
- Reflect the reality of our community
identity
- Help maintain our property values
- Simplify and update our building
procedure guidelines
- Increase Active Member participation
and influence with the HOA Board
Thank you,
Bill Alexander, President, PBH HOA
Board of Directors
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