HomeMy WebLinkAboutCease and Desist Letter - Olp McCullough 04-13-20
6125 South East Street, Suite A | Indianapolis, IN 46227
T 317.536.7435 | F 317.735.2703
Indiana, Illinois, Wisconsin, Florida
ksnlaw.com
April 13, 2020
Ashlie Olp
Doug McCullough
Trustees of Douglas E. McCullough
& Ashlie D Olp Living Trust
13638 Smokey Ridge Place
Carmel, Indiana 46033
Reply To: Indianapolis, IN
T 317.388.5560
djacuk@ksnlaw.com
RE: CEASE AND DESIST POOL INSTALLATION AT 13638 SMOKEY RIDGE PLACE
Dear Mr. McCullough and Ms. Olp:
I represent Smokey Ridge Homeowners Association, Inc. The Board of Directors have asked me to reach
out to you regarding the pool you are installing at the above address. On March 23, 2020, you submitted an
Architectural Approval Form to install a swimming pool in your side yard. On March 30, 2020, you were
informed that your request for the swimming pool was denied by the Board as the placement of the pool
would be visible from the street and that the location was too close to Lot 16. Further, there is a concern
that the installation will create standing water.
As you know, Section 1(B) of the First Amendment to the Declaration of Covenants, Conditions, and
Restrictions for Smokey Ridge Sections I, II, III, IV, V, and VI states that “The Architectural Review Board
shall regulate the external design, appearance, use, location and maintenance of lots and improvements
thereon in such manner as to preserve and enhance values and to maintain a harmonious relationship among
structures, improvements and the natural vegetation and topography.”
The Board has outlined the reasons why your request was denied and moving forward with the pool
installation is a violation of the Declaration of Additional Covenants, Conditions and Restrictions for
Smokey Ridge. The Board hopes to gain your voluntary compliance in this matter before further action
becomes necessary. Please cease and desist any plans and/or installation of the pool.
Please do not hesitate to contact me should you or your attorney have any questions or concerns.
Sincerely,
David E. Jacuk
Attorney-at-Law