After research, mediation and informational meetings with the neighbors, developer and city staff, the Association board of directors met on July 25 to discuss the rezoning application and the recommendation from the Zoning Committee. The result was a decision NOT TO OBJECT to the Rezoning Application based on the understanding that the Declaration of Restrictive Covenants contain the items agreed to and itemized in the mediation report and is bound to the deeds of all of the properties. In addition, the board requires the developer have a concept of the site plan for the proposed building reviewed and commented on by the city’s CPB Development Services staff (update – this was done on 8/15/2018).
The question of property ownership was of specific concern to the members of the board. The DECLARANT in the Declaration of Restrictive Covenants must be the PROPERTY OWNER(S). This can either be each individual owner listed and then signing the document or an ENTITY with a legally binding agreement that ties all of the properties together. Until a document that meets this requirement is produced, the board cannot sign the Declaration and that would then alter our position of not objecting to the application.
Please share your comments (pro or con) with us here: [email protected]