Documents
March 8th, 2010
CC&Rs & General Documents:
- Design Guidelines Amendments 1 and 2
- Holiday Lighting Resolution
- The Parks Map
- The Parks CC&Rs - (8.87 MB, .PDF)
- The Parks Bylaws - (4.66 MB, .PDF)
- The Parks Articles of Incorporation - (820 KB, .PDF)
- The Parks 2008 Budget - (59 KB, .PDF)
- The Parks Design Guidelines (465 KB, .PDF)
- The Parks Parking Resolution (91 KB, .PDF file)
Forms & Applications:
Honorable Members of the Board:
I attended your meeting of March 11, 2009 to inquire about the Board action regarding the house on the corner of Davis Lake Loop and Blue Lake Loop (Green House with the illegal patio). I appreciate you listening to my concerns and wish to state them a bit more clearly than I was able to at the meeting. My concerns with the illegal construction are many:
• The construction proceeded without an application to the DRC (ARC). This is a clear violation of the CC&Rs. The CC&Rs are clear that proceeding with the construction does not imply in any way, shape or form an obligation on the part of the DRC to approve any of the construction after the fact and goes on to say that improvements made without approval may need to be removed.
• The screen around the hot tub would appear to be in violation of the allowable fence height in the Design Guidelines.
• My reading of the Design Guidelines would say that there is no provision to allow construction of an above ground wall on the property line. This wall is not a retaining wall, the only type the guidelines appear to allow. This wall is also clearly not one of the three kinds of fence permitted on properties. The wall is a violation.
• I feel confident that this wall has not been properly engineered to prevent overturning and sliding down the adjacent slope. While I know the City Building Inspector is very busy these days, I do believe this non-engineered wall does present a future safety hazard for people walking on the adjacent pedestrian path. I certainly hope the HOA is not assuming any future liability associated with this illegal construction and the wall overturning.
• Further, I anticipate that a building permit including the required engineered design of the wall has not been applied for from the City. That would be a clear building code violation.
I request the Board pursue this matter to the full extent of the law. I have a significant concern with the impact any negotiated settlement, to allow part of the construction to remain, will have on the enforceability of the CC&Rs in the future. To allow this individual to proceed in clear violation of the CC&Rs and the City Building Codes only opens the door to further violations by others. That is not what the majority of the homeowners in this development thought they were investing in and violates our rights.
Thank you for the work you do to benefit us all.
Respectfully submitted,
Ann Jamison and Joy McBride
61430 Davis Lake Loop
Bend, OR 97702
awjamison@bendbroadband.com