9/8/2024 10:38:09 AM
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Section 6: ECC/ARC/CPI Subject: Political Signs Msg# 1210937
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If owners choose to deliberately "game" that process, knowing that their continuing violation might end before the M-01 process runs its course, that's disappointing and would say more about that owner than it would about the enforcement process.
Unfortunately, and sadly, that is very likely the case. So... the DRs state: 14. Association's Right to Perform Certain Maintenance A. In the event an owner of any lot in the Subdivision shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors of the Association, the Association shall have the right, through its agents and employees, to enter upon said lot and repair, maintain, and restore the lot and the exterior of the buildings and any other improvements erected thereon. Such right shall not be exercised unless two-thirds of such Board of Directors shall have voted in favor of its being exercised. The cost of such exterior maintenance shall be added to and become part of the annual charge to which such lot in subject. The Association shall not be liable for any damage which may result from any maintenance work performed hereunder. What if the board were to use the above and vote to have these political signs removed on the premise that the lot was not being maintained in a "manner satisfactory to the Board of Directors," based on the approved Guidelines - thus forcing the lot owner to go to court if they disagreed? |
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For reference, the above message is a reply to a message where: Pretty sure this discussion is a re-run of a prior one. . . The authority that CPI has (as stated in M-01) to go onto properties, reasonably and when absolutely necessary, to inspect for violations, is (in my opinion) legally implicit, based on the restrictions and prohibitions contained in the DRs and the associated enforcement powers. Without the ability to ascertain whether, where, and to what extent violations exist on properties, which in some cases might require entry to conduct an inspection, violations might continue unabated, might be hidden from view, and enforcement of the DRs might be rendered impossible in some cases. I believe a Court would agree. That said, CPI will never enter property without first seeking permission from the owner, they will exhaust all other means of observation (viewing from neighboring properties or the street), respect privacy, and they will exercise caution and always avoid surprise and/or confrontation. As for enforcement against sign violations (on lots as opposed to OPA common areas), since removing a sign from someone's property amounts to the taking of personal property, the M-01 process applies. If owners choose to deliberately "game" that process, knowing that their continuing violation might end before the M-01 process runs its course, that's disappointing and would say more about that owner than it would about the enforcement process. |
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