11/25/2002 Meeting Minutes - Laserfiche WebLink

Home Browse Search

PRD Meeting 11-25-02 Page 29 legal rights under the deeds and such, but when we are approached with the idea of having to use legal force to make people conform, it becomes fairly undaunting before us. I mean, who wants to start suing their neighbors, first of all and who puts up the money for it. I mean, I don't know how realistic that is because, I mean, we faced that issue already. And it's very difficult because it's not-it's a costly thing and it's a difficult thing. So, you know, I think it's going to be-have problems. I think if we expect a homeowners' association to police other neighbors and members it could be very difficult. So.... Mayor Rinker said well, again, I think a lot is what goes into it because there is a lot of these because gated communities have very extensive... Dr. Parker said typically they're enforced early and then 20 years down the road, you know, different people come through who weren't part of the original--- Council President Buckholtz said that's what happened on Hickory Hill--- Dr. Parker said and the deed restrictions get less looked at and the next thing you know is--- Mrs. Mills said Metro Park, Hickory Hill-or Metropark--when they wanted-and they were supposed to be all ranches and how do you enforce it? Mr. Samac said Bill, I don't want to belabor this thing too much more, but I think as I read this 1159.09 (b), it's just directing the Law Director to determine that based on the associations' documents, bylaws and regulations, that these requirements are in there. Not that they're the Village's to enforce, but they're the associations to enforce, entirely. Just these specific items amongst the other thousand that will be in there are items that he's supposed to ensure that are i there. That being that the units be owner occupied (not for our enforcement purposes but for th associations.) Mayor Rinker said the enforcement comes up primarily in whether or not you approve the final site plan. n e Mr. Samac said well, yes. Mr. Samac said which he has to do and he has to certify that he's done all these things and--- Mr. Samac said right, right. But the enforcement agency for that regulation then is the associations not the Village. Mayor Rinker said understood. Mr. Samac said okay; I just didn't know if that was where Bill was coming from. Dr. Parker said which probably means it would have to be an extremely serious infraction for anyone wanting to enforce [it.]