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Date
Posted: 04/27/10 |
Rules are
Rules! |
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Posted
by: Susan Pearson |
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Post #
10-0025 |
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After all the excitement
with the discovery of the a/c unit on a board member's roof, I
thought that this is where all of the energy of Jomar would be
concentrated. But, I was wrong. Instead I get a nasty gram insisting
that I paint my "faded" garage door in the next two weeks. Really?
Are they trying to divert attention away from the obvious? If you
don't like the condition of my garage door, sure I'll get it
painted. It won't be done in two weeks, after all I have a full time
job too, but I'll get it painted. But a faded door is not a
violation of the CC&R's, an a/c unit on the roof is. Shouldn't they
be working on getting that rectified? I sure hope they don't think
they can just sweep the a/c violation under the rug. Maybe we should
wait to fix any of our violations until this other one is fixed. |
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The Architectural
Committee submitted a violation in writing over the violation of lot
13 for adding a flat roof and an AC unit atop.
At the meeting I attended on 05/27/10 Kate from Jomar read a letter
drafted by their own attorneys and it states:
Jomar Attorney Recommendation on Darren Mawrey’s AC unit.
“Under these circumstances with the additional facts that you have
discovered a court reviewing the matter would without certainly
determining that this owner has essentially
received a punitive
waiver of any restrictions on maintaining his AC unit as it
currently exits as long as he owns the home. That is the only time
the association can require the unit be brought to compliance with
the letter of restrictions is at the time of a sale or a reconveyance. The association has likely advocated even its right to
require the unit be brought into compliance at the time of a repair
or replacement assuming it is by this owner and not a subsequent
owner by the actions of the board at the time of the application and
insulation. So in summary the association does not have the right to
require this to be altered unless or until the owner sells, is
foreclosed or unless the owner decides to remove the unit voluntary
such as to install a new unit for which he would have to adhere to
the regular restrictions.”
This above quote was typed from an audio recording of that meeting. I
asked our new President Dolores Thompson “What is the board going to
do about it?” Dolores simply stated, “The board is not going to do
anything about it” I then asked “So you’re just going to take that
opinion for that attorney?” Dolores: “Yes we are,”
Listen for yourself
PLAY THE AUDIO FILE Kate reading
the Attorneys recommendation.
Larry DeMonaco |
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The thing to keep in
mind is that Jomar's attorney is likely to side with the Board
Member whose infraction it is. There are other attorneys who
can make a case for a completely different opinion. If there is
will among the homeowners to pursue this "in your face"
violation of the CCR's, then it will be done. I would be on the
side of pursuing and getting an other non-involved attorney to
look at it. The AC and flat roof is certainly a thorn in many
sides and so blatantly WRONG for the neighborhood.
Let's see if there
is support to get another opinion. "It's good to be King"
should not be the attitude of board members.
Judy Randall
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