HomeMy WebLinkAbout11-16-22 Public Comment - M. Kaveney - Model CovenantsFrom:Marcia Kaveney
To:Agenda
Subject:Model Covenants
Date:Wednesday, November 16, 2022 10:57:18 AM
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Hi all-
Thank you for working on Model Covenants. I think they're a great idea overall but that care
also has to be taken that covenants are easily enforceable by the HOA BoDs. Turning the ideasinto code or law would be more helpful than having the enforcement fall on the HOA Board of
Directors.
For example, as former president of Legends II, I learned that enforcement of any of thebylaws is very difficult. Unable to give meaningful citations or stop orders ourselves, we had
to rely many times on the city's standards and the city's staff to give citations where possible.Our only recourse is to fine a property owner. When the fines reached a certain point, then we
can, through our management company, file a lien on the house. That lien would then only bepaid when the house was sold. In my experience, homeowners that want to skirt the HOA
rules can do so pretty easily.
If, for instance, there was an apartment building HOA that wanted to restrict clothes linedrying to certain hours of the day, what are they going to do when someone doesn't comply?
The way I see it is that the tenants can be fined, but then what? Evicted?
Because of the enforcement dilemma, I support Commissioner Coburn's request that as manyof the Model Covenants that can be made into law should be. That will support new
development's attempts to be more sustainable.
I would like to see the city pass "rules" that allow or mandate the following:-rooftop solar
-in home daycare- per state regulations-outdoor clothes drying
-bear proof containers for business - mandated in new developments-gardens- vegetable gardens often require 6 ft fences to keep out deer
-xeriscaping-* disallow clusters of dark buildings as they are a heat sink in the summer months adding
to the need for air conditioning- take away min. size house requirements
- allow pre-fab houses- allow passive solar design
Mission Statements for HOAs- could include DI language- as per Comm. Coburn.
Process- City staff has an accurate assessment of bylaw process. Updating bylaws is currently
expensive (lawyer fees) and tedious. I like the sunset idea for automatic updating of bylawsand I also think the supermajority vote could be one of 70% of voters rather than 70% of
owners but am not sure that would pass legal muster.
Lastly, I think a Town Hall style meeting for current HOA members all across town would bevery beneficial. Gather a lot of ideas at once with meaningful interactive discussions so
commissioners can gain better understanding in the moment.
Thank you,Marcia Kaveney
1496 Boylan Rd.