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2/29/2008 10:22:05 AM
 
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Section 6: ECC/ARC/CPI Subject: Biancaniello Case Msg# 538900
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Joe: I must answer as a fellow association member, and not a member of the board of directors. It is also important to disclose that I testified in this case as an expert witness for the defense. I am not sure we won? I guess if your definition of to win is to beat up a customer, neighbor, fellow member for improving his property, then yes, we won. BTW, I am also pretty sure this case is not over. Was Mr. and Mrs. Biananello wrong in building the porch without the permission of the ECC? Perhaps? Does it now make sense for the Association to demand that he tear down the porch? I personally think not. As a member of the Association I would much rather see us impose a fine in a case like this and try to stem the increasing loss by the ECC department. By generating revenues from fines we can lower the assessments, rather than prevent members from improving their property and its value. Marty |
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For reference, the above message is a reply to a message where: Marty, I've heard OPA won the court case against lot owner Biancanello. I believe this involved a porch addition without a permit. Correct me if I am wrong but I think he had applied for a permit from ECC and was denied on the basis the addition would put him a little past the percentage of lot coverage allowed. He then obtained a county permit and did the work anyway. I understand he will now have to tear down the porch addition.
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