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Show 4 - HOLIDAY TIMES - DECEMBER1994 OPINION AND ISSUES We encourage the writing of articles on issues which affect the community. Your article will not be edited for content, provided you comply with these rules: will have in the future. Trails for walking, bike riding, and horse riding may be desired by the residents who live here ten years from 1. Stick to the issue; no personal attacks. 2. 250—300 words, concise and coherent. 3. Provide a copy of your article to someone of a differing view at least one day prior to copy deadline (the 10th of the month), furnishing these guidelines and an invitation to submit a differing view in an article for simultaneous publication in the CV Times. 4. More than two views may be solicited, but they should vary. 5. Articles must be signed. Open dialogue on the issues affecting Castle Valley is healthy and important. Let's see how OPINION AND ISSUES evolves. now. Safer walking/riding areas may be wanted for children. The road easements have been platted out on maps since the CVRR subdivisions were created back in 1973-74. Residents are not paying taxes on these easements. There is little reason why individuals should be allowed to make claim to this community resource. The Town and POA have been correcting encroaching fences for 7777777777777777777777777777777777777777777777777/7/777777777I Fence Encroach ment Pol I cy— A Differing Opinion directly on point. The POA cannot take this type of action without first obtain- that may, “encroach upon the road ing the written consent of 50% of the property owners. This was not done and the policy should not stand. I encourage each of you to personally review the CC&Rs and By-Laws which are a binding contract between you and the POA and let’s encourage compli- easement” and charge owners. Serious ance by the Board. —Theresa Carey The POA recently passed a controversial Fence Encroachment Policy which purportedly gives them the authority to move private fences several years. A list of fences removed (usually by the property owner) is available. The POA has offered to help property owners remove encroaching fences. In the Castle Creek Lane and Homestead situations, there has been no intention of widening the road surfaces, moving the irrigation ditch, or “policy” was amounting to a taking of private property without notice and without giving owners an opportunity One Opinion cutting down the Hedden’s orchard (contrary to rumor). The POA/Town has suggested a creative way to solve the cul-de—sac problem at the end of Homestead. Given that the POA Board has apparently postponed the fence removal deadline until about June 1 of next to be heard (this policy was passed at I feel it is a “taking of community property” when private fences are year, there will be a lot of time to exchange opinions, legal and otherwise. allowed to encroach on the community road easements. The road easements were given to the community by the original developers. Fence encroachments limit the options this community I hope that the POA board and the Town Council have the courage to concerns exist, and I have done extensive research on the issue. Initial concerns were of basic faimess—this a meeting wherein the policy was not on the agenda and further revised at a closed meeting without public input). I question whether the POA has the legal authority to take the steps proposed in this policy—I do not believe they do. Encroach i ng Fences—— protect this valuable community resource. —Jack Campbell The CC&Rs and By-Laws governing the POA clearly set forth what action the POA board can take. Article V, Section 4, (b) of the By-laws clearly states: ”The written consent of a majority of the members, at a duly called meeting of the members, shall be required for the Association to transact Children’s Creative Movement Class Offered 6 . In conjunction with the drama group. the following types of business: . . . (b) Castle Valley Players, 0 children’s creative movement class will To make any expenditure of a capital nature which will result in the assessinent against a member‘s equity in his ot; . . . “ The POA Policy provides that the be offered Saturday, December 17 from 10-11 am. at the LDS church. The class promises to involve imagination, movement, POA will pay the Town, as contractor, to remove the fences and record a lien against the owner’s (member’s) property. Article V, Section 4(b) is music, and fun, and is open to children ages 3 through 7. Children are asked to wear loose, comfortable clothing, socks and/or soft—soled shoes. There is no charge or previous experience required. Please register by Friday, December 15. or call for information—Martha at 259-8292. |