11/25/2002 Meeting Minutes - Laserfiche WebLink

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PRD Meeting 11-25-02 Page 28 Mr. Biter said that's all I have. Mr. Samac said just one thing, Mr. Biter. This Section 1159.09 and those areas-if you look at that carefully as far as all units being occupied and the other previous sections that are relative to homeowners' association, this entire section is pretty much just a basic boilerplate of what's a very, very, very small part of the overall association agreement that anyone who would purchase in one of these types of developments would have to buy onto. Mr. Biter said I'm aware of that, Bernie. I've been involved in homeowners' association--- Mr. Samac said I'm sure you do. And typically the homeowners' association do a better job of enforcing it than the municipality because we're generally the last ones that they call. Mr. Biter said but we're the ones that have to enforce it. Mr. Samac said you're right. But a lot of that is done beforehand by the Associations (and I don't know if you've ever been involved with the homeowners' association}- Mr. Biter said absolutely have. Mr. Samac said sometimes it's only if they can't-and they're ready to go to Court and then involve the City is generally how these things work, but they are definitely enforceable. Council President Buckholtz said along those lines, just because you raised the issue and I was pretty impressed with-although we don't want to go there-but Pepper Pike-the ordinance we got from Pepper Pike, I thought it was pretty well done and Dave Hartt obviously has had something to do with this community as well. And they have the homeowners' association section (which I didn't realize and I didn't read ahead and Iwas---); it's very similar; it's the same as our homeowners' association. But theirs does not have a homeowner occupancy requirement and ours does. So that seems to be the difference. And, again, I just want to be clear that's something we have the power to put in or not put in. And that's something that's in and that's something that we want to leave in- Mrs. Mills asked, has Joe been asked that question? Mr. Samac replied, no. Council President Buckholtz said I mean, you raised a good point. It's the only zoning category that has it- Mr. Biter said if you're not consistent, then someone at some point will challenge it and you have to have legs to stand on. And that's why I bring it up at this point. And we inay have legs to stand on; you're absolutely right. But let's just figure that out now. Dr. Parker said I don't know how this comes-how close it comesto like--for example, I mean, Hanover Woods is an incorporated association. I don't know-and supposedly we have