News
Springs stands by decision
HOA rules in dispute over common-area improvements
By Jim Lamb
Leaders of the homeowners’ association at The Springs are trying to maintain a low profile in a dispute over unapproved plantings and landscaping made by some homeowners to a common area near their dwellings.
HOA President Richard D’Angelo has limited his comments, saying it was an internal matter. He also said the association’s lawyer also recommended to the board that it not air such matters in the news media.
Springs property owner Joe Barton wants a waiver to some HOA regulations so he and some neighbors can maintain plants and landscaping on a common area behind their property.
The board has turned him down and told him to remove the plantings and landscaping.
Barton said he and others have spent considerable money improving a dusty berm in the common area, and the HOA board has not agreed to suggestions he made to maintain the area.
Barton also said he’ll pay to cover any possible problems arising from his efforts.
Earlier this week, D’Angelo again said he wouldn’t talk publicly about it, but he did make a statement at The Springs’ most recent board meeting.
In the Aug. 8 board meeting’s minutes, D’Angelo said he has a responsibility, both as a homeowner and a board member, to report violations of the CC&Rs — covenants, conditions and restrictions.
The minutes, which have not yet been ratified by the board, quote him as saying, “The offending party was advised multiple times by the HOA” to quit violating the CC&Rs,
D’Angelo was further quoted, “Ladies and gentlemen, the board that you voted for, to protect the value of your property and follow and support the CC&Rs and bylaws, that you all have agreed to, has its decision regarding the violation.
“The decision stands.”
D’Angelo said there are some CC&Rs he disagrees with, but he abides by them until they’re changed.
“My other option,” he said, “is to move.”
Barton admits that he violated the CC&Rs for not getting HOA board approval for the improvements.
But he said the HOA board has refused to negotiate with the homeowners and hasn’t considered CC&R provision 11.8 that says the association has the right to make an agreement with property owners who will pay the costs for improvements to a common area.
“However, the board dismissed my request for consideration of CC&R Section 11.8 without any discussion whatsoever,” he said.
Barton said he offered to pay a lawyer’s fee to draft an agreement, and that any improvements he made would have to be approved by the HOA’s Grounds Committee.
Barton said 17 of the 24 nearby property owners have made improvements or support his position.
He said the board has “repeatedly asserted its authority to control the common areas, but refuses to recognize that it has failed to carry out its responsibility to maintain this common area.”
jlamb@gvnews.com | 547-9749
HOA President Richard D’Angelo has limited his comments, saying it was an internal matter. He also said the association’s lawyer also recommended to the board that it not air such matters in the news media.
Springs property owner Joe Barton wants a waiver to some HOA regulations so he and some neighbors can maintain plants and landscaping on a common area behind their property.
The board has turned him down and told him to remove the plantings and landscaping.
Barton said he and others have spent considerable money improving a dusty berm in the common area, and the HOA board has not agreed to suggestions he made to maintain the area.
Barton also said he’ll pay to cover any possible problems arising from his efforts.
Earlier this week, D’Angelo again said he wouldn’t talk publicly about it, but he did make a statement at The Springs’ most recent board meeting.
In the Aug. 8 board meeting’s minutes, D’Angelo said he has a responsibility, both as a homeowner and a board member, to report violations of the CC&Rs — covenants, conditions and restrictions.
The minutes, which have not yet been ratified by the board, quote him as saying, “The offending party was advised multiple times by the HOA” to quit violating the CC&Rs,
D’Angelo was further quoted, “Ladies and gentlemen, the board that you voted for, to protect the value of your property and follow and support the CC&Rs and bylaws, that you all have agreed to, has its decision regarding the violation.
“The decision stands.”
D’Angelo said there are some CC&Rs he disagrees with, but he abides by them until they’re changed.
“My other option,” he said, “is to move.”
Barton admits that he violated the CC&Rs for not getting HOA board approval for the improvements.
But he said the HOA board has refused to negotiate with the homeowners and hasn’t considered CC&R provision 11.8 that says the association has the right to make an agreement with property owners who will pay the costs for improvements to a common area.
“However, the board dismissed my request for consideration of CC&R Section 11.8 without any discussion whatsoever,” he said.
Barton said he offered to pay a lawyer’s fee to draft an agreement, and that any improvements he made would have to be approved by the HOA’s Grounds Committee.
Barton said 17 of the 24 nearby property owners have made improvements or support his position.
He said the board has “repeatedly asserted its authority to control the common areas, but refuses to recognize that it has failed to carry out its responsibility to maintain this common area.”
jlamb@gvnews.com | 547-9749
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