I would appreciate you taking a few seconds to review this matter for the good of yourself, and the entire community
Some of you may have received a document, hand delivered to your door, that is truly a work of fantasy.
While some facts are true, most of it is constructed to manipulate you.
Here are the facts:
The revised ARC guidelines restore your property rights that were taken away in 2005. Prior to 2005, the guidelines read ““Recreational uses shall be limited to landscaped areas; swimming pools; children’s play areas; single story recreational, storage or agricultural buildings; horse stables and corrals; tennis and sports courts.”
From 1996-2005 ARC projects were supposed to be judged on their own merit. The new document reverts to those same values. You still can not build on more than 35% of your pad to maintain open space. Read the new document yourself.
- These new revisions ARE NOT in conflict with the CC&R's. Dig out your copy and read them. They clearly state "other uses." That would imply the listed uses were not all that was approved, but were specifically mentioned so that they COULD NOT BE ELIMINATED, not that they were the only uses.
The HOA is currently under threat of being sued, because people who bought their homes prior to 2005 with the expectation of being able to enjoy their property in compliance with the guidelines that WERE in place, are now no longer able to. This comes from Association Attorneys.
I am for property rights. Many of us spent millions of dollars on these properties and should have the right to enjoy them, within reason. I want my property rights restored, responsibly, back to the way it was in 2005. in this economy we should encourage investment in our properties to keep our home values stable and have them increase.
The question I have for you is: Are these changes reasonable to YOU?
What ever your opinion, please send an email to your board of directors through: firstname.lastname@example.org
Don't let this very vocal minority continue to take away your rights.
- and pass this along to your friends so their opinion can be heard as well.
Revised Guidelines may be found here:
Nellie Gail Ranch ARC Proposed Guidelines - or I would be happy to email you a copy.
Here are the current Guidelines - you may want to compare.
More information on this issue can be found at:
- Nellie Gail Ranch Owners Blog
- Nellie Gail 4 Change (NG4Change.com)
- Official Nellie Gail Ranch Homepage
From the web site: "That’s all it took! Creation of an ad-hoc committee one meeting, approval of their recommendations the next and POOF - 30 years of precedents for property rights are gone! 5 individuals with an agenda took control of every homeowner’s back yard without the input of a single resident. As a result of the new Architectural Guidelines, the current Board now mandates that any use of "Open Space" be limited exclusively to equestrian or agricultural use . Any other use is prohibited. This action was taken against the explicit recommendation of the retained Landscape Architect at that time, , who expressed his concern of “disastrous implications” of the revisions in a letter submitted to the board (see Daniel Stewart Letter page - a must read).
After this letter surfaced during an Architectural Appeal to the Board, Mr. Stewart was informed his services were no longer required at Nellie Gail. Don't believe the position that the 2005 Board was simply acting on the recommendation of our legal council when they changed our Architectural Guidelines. The minutes clearly show that legal approval was sought after the fact."
(This email was copied with permission)