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Conversation
with R. Hought Dec 2009 about Revised Covenants
Re:
Questions about PBH HOA stand about storage of old pickup trucks, RVs and
campers in plain sight of the street.
Thursday,
December 31, 2009 9:23 AM
From: "r.hought@comcast.net"
r.hought@comcast.net
To: William
alexander" <billalexsail@yahoo.com>
#yiv1188357811 p {margin:0;}
Bill, thank
you for spending time on this matter with me. I now understand the direction
to take if I elect to proceed further. I guess that in groups, such as HOAs,
there are sometimes those individuals who press the limits on group desired
behavior when they know they can get away with it. So sad. Thanks again for
your time.
-----
Original Message -----
From: "william
alexander" <billalexsail@yahoo.com>
To: "r hought" <r.hought@comcast.net>
Sent: Wednesday, December 30, 2009 9:10:12 AM GMT -07:00 US/Canada Mountain
Subject: Questions about PBH HOA stand about storage of old pickup trucks,
RVs and campers in plain sight of the street.
Hello, Roman
Thanks for
continuing to write.
I'm sure our
stand on this would still be "it depends."
We aren't
trying to be a police force, but certainly will step in to help mediate a
situation like this and we will take a stand based on the individual
circumstances after investigating them.
The HOA
wouldn't have a blanket position on this. We would count on someone having
enough of a problem to bring it to the ARC, the ARC discussing it, and then
bringing it to the HOA, then the HOA Bd discussing it - with input from
folks who are upset and also those who they are upset about. I'm not trying
to "beat around the bush", but there isn't a blanket answer to a situation
like this, its all in the particular circumstances involved.
Bill
Alexander cell 720-334-2441 home 303-544-1333
--- On Wed, 12/30/09, r.hought@comcast.net <r.hought@comcast.net>
wrote:
From:
r.hought@comcast.net <r.hought@comcast.net>
Subject: Re: Questions
To: "william alexander" <billalexsail@yahoo.com>
Date: Wednesday, December 30, 2009, 8:46 AM
Thanks for
your reply, it's a tough situation to approach a nieghbor on an issue that
questions that nieghbor's standing as a good nieghbor or not. I'm still not
clear on the storage of old pickup trucks, RVs and campers in plain sight of
the street. Can you explain the HOA position on these things? Thanks for
your time.
-----
Original Message -----
From: "william
alexander" <billalexsail@yahoo.com>
To: "r hought" <r.hought@comcast.net>
Sent: Sunday, December 27, 2009 8:20:29 AM GMT -07:00 US/Canada Mountain
Subject: Re: Questions
Hi there.
You asked
about specific definition of detriment.
First of all,
we would encourage neighbors to talk about the problems you mention between
themselves. Then if people get so upset about something, as to want help
from the HOA, then they need to contact the HOA through attending one of the
ARC (Architectural Review Committee) meetings that are held monthly. At that
point, ARC would try to determine whether that situation fell under the
catchall phrase in the covenants below :
“3.4 No
Detriment to Other Lots and Residents.
(a) Every Lot
and its contents shall not be detrimental to other Lots in the community.
(b) All
residents and Lot owners shall not do anything detrimental to other
residents or Lot owners in the community.
(c) One
example of a detriment is habitually excessive noise, such as habitually
barking dogs.
That clause
was meant to replace the following wording that has been proposed to be
deleted from the new Covenants (all struck-thru words proposed for
deletion):
(i) Lots of 2
acres or more shall be eligible for keeping horses and mules so long as the
lot is properly fenced. No unsanitary conditions are allowed, and run off
is not allowed to flow to adjacent properties.
(g) Each
lot at all times shall be kept in a clean, sightly and wholesome condition.
No trash, litter, junk, boxes, containers, bottles, cans, implements,
machinery, lumber, or other building materials shall be permitted to remain
exposed upon any lot so they are visible from any neighboring lot or street,
except as necessary during the period of construction or remodeling.
3.4
Nuisances.
(a) No
noxious or offensive activity shall be carried on upon any lot, nor shall
anything be done thereon which may be, or may become, an annoyance or
nuisance to the neighborhood.
(b)
Habitually barking, howling or yelping dogs shall be deemed a nuisance.
(c) No
activity shall be conducted on any part of the properties which is or might
be unsafe, unsightly, unhealthy or hazardous to any person.
(d) No
vehicle, motorcycle, motorbike, moped or similar equipment shall be parked
on any lot or street adjacent thereto while it is undergoing repairs which
immobilize the vehicle for a period of more than five consecutive days,
unless the vehicle is within an enclosed garage or not visible to passersby
or other adjoining lots during the entire period of such repairs.
“
In the new
Covenants, what is included under the detriment clause is intentionally kept
vague. No one can possibly figure out ahead of time all the problems that
may come up. So the detriment clause is attempting to define them in a
general way, based upon how they are perceived by those involved in the
situation - the neighbors - rather than explicitly what situation involves.
This gives flexibility to all parties including the proposed offender, the
neighbors and the ARC to work together towards a solution of whatever the
problem is.
If you have
any more questions, please contact me and/or send another email to the
Covenants email address.
Thanks,
Bill
Alexander, President, PBH HOA Bd of Directors home 303-544-1333 |
