Loading...
HomeMy WebLinkAboutAV 85-08; Marichu Beilbey Fence; Administrative Variance (AV) (5). .a November 1, 1977 . .?' ..? Casa de la Playa Homeowners Assoc. Board of Governors '. We are writing regarding the fence constructed by Mrs. Beilby on the Common Area adjacent to Unit A-2 at 252 Juniper. This fence is a clear violation of the fol- lowing portions of the Declaration of Restrictions: Article 11, 2.1.1: "Each Owner shall have the exclusive right to ... alter his own Unit pro- vided (a) such alteration shall not affect the Common Area .... 0 Article 11, 2.7; "No Owner of a Unit shall make any alteration or improvement to the Common Area.. except with the written consent of the Assoc fat ion. Article 111, 3.1: "The Common Area is and shall be owned by the Owners as Tenants-in-Common, in equal, undivided shares ... .m Mrs. Beilby's fence has divided and altered the Common Area. We were not notified that Mrs. Beilby had requested permission to so alter the Commona Area: therefore, we must conclude that it was done without the written consent of the Association. If consent was given-by a member of the Board of Governors, we believe that said Governor violated the trust 'placed in him by the As,sociation because the Declaration of Restrictions does not empower a Governor to act in such .a capacity on behalf of all Owners, Furthermore, the fence is an eyesore, and we believe it hab adversely affected the value of cur Units and the Project as a whole. The Declaration of. Restrictions exists to prevent just'such a situation, and the Board of Governors is responsible for enforcing those rules. We hereby demand that the fence be removed, and that Mrs. Beilby be assessed for the costs of restoring the landscaping to its original condition as provided in Article 11, 2.8. Sincerely,