2004-12-02 THOAWE - Laserfiche WebLink

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And, I guess, I might be willing to go on record as saying that I would, what, Id do what I can to veto any gate within 60 feet of Palani Road. Im certainly in agreement that that would be a hazardous location. YUEN:What do the, are there subdivision, current subdivision documents that talk about how this would be decided, how the subdivision would decide? Would it strictly be by majority vote? PACK:Off hand, I dont recall exactly how the CC&Rs are worded. But I do know that my wife and I have talked with our attorney, Matt Jewell, and Matt has essentially advised us that unless all 15 owners are in agreement that we should not try to install a gate anywhere. HARLOW:The CC&Rs dont specifically address the installation of a gate perse. YUEN:Iwouldwillingtomodifytheconditionsothatitscovenant- binding on all the future lot owners that they, that should the issue of a gate come up that they would not approve it unless it was located minimum 60 feet from the Palani Road right-of-way. In the meantime, I would want to see a letter from your attorney to the effect that that would prevent a gate by being installed closer by some kind of majority vote. You know, what you said is that youd have to have unanimous agreement of the lot owners to install a gate. That being the case, I dont know what the basis for that is, you know, not having read any of your documents or not knowing why you said that. If you could get a letter to that effect before we took this to the Council, Id be satisfied with that. If not, we would, wed have to revisit this at the Council level. Let me work on a condition for a few minutes. FUJIKAWA:Pam, I have a question. In the CC&Rs, I believe that youre reading the CC&Rs. Is there anything in the CC&Rs that states that any changes has to be a majority vote in the -? HARLOW:Well, under the Roadway Maintenance section of the CC&Rs, there is a section regarding votes, regarding repair and maintenance. And it states, For purposes of this Agreement, any decision to incur, expend and/or use funds or monies to operate, maintain, upkeep, repair, protect, improve and/or preserve the roadway/utility easement, including but not limited to paving or repaving the roadway/utility easement must be affirmatively approved by owners of two-thirds (2/3) of the lots. Any decision so confirmed shall be binding on all owners. The Design Committee shall have the authority to execute maintenance decisions of the lot owners and to assess upon each owner the owners pro rata share of costs in accordance with Article VIII. The expenditure of any and all funds, monies and/or expenses so approved and decided upon shall be documented in writing and signed by all parties so affirming same. 4