8/15/2018 11:32:20 AM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1023091
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These two statements seem to be somewhat at odds.
No, they are not. The annual charge resolution recommendation and the reasoning regarding its cancellation were presented and accepted by the Board. The operative words in your comment, with emphasis supplied, are: "If the DR's..." Regardless of what you and others think of the GM seeking advice on the respective drainage responsibilities of OPA and lot owners, the question is in play. Let's deal with the advice and how it is incorporated into any GM drainage proposal, not the "if". Jim Trummel |
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For reference, the above message is a reply to a message where: Jim, you wrote, "In further comment, during the past review of Board Resolutions and creation of the Book of Resolutions, as chair of the Bylaws and Resolutions Advisory Committee it was my recommendation to cancel a resolution that provided a deferral of annual charge increases based on income levels. The resolution was based on state law regarding real property taxes increases. The cancellation was based on the resolution permitted a distinction between properties not in accordance with the governing documents."
These two statements seem to be somewhat at odds. As was the case with the deferred annual charge item, there is no distinction in our documents allowed for homeowner resources or physical condition. If the DRs clearly and unequivocally say that owners are responsible under the DRs for certain drainage responsibilities, the DRs should be enforced with no consideration of income or physical ability of the owner. |
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