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HomeMy WebLinkAboutWoodland Springs HOA Statement 01-19-23The Woodland Springs Homeowners Association Board of Directors (hereinafter “the WS Board”) has had continued discussions with our residents regarding the requested Special Exception to operate a group home at 44 Horseshoe Lane. Upon further review, the WS Board would like to clarify our previous statement on this matter. The WS Board’s position on the requested Special Exception is as follows: The Amended and Restated Declaration of Covenants and Restrictions for Woodland Springs, recorded on December 12, 2011, provides in relevant part: [A]ll of the platted dwellings, Lots, Common Properties and lands located within Woodland Springs as they have been platted are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied and improved, subject to the following restrictions, all of which were and are declared and agreed to be in furtherance of a plan for the improvement and sale of said homes, Lots, Common Properties and lands in Woodland Springs. Such restrictions below were and are established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the development as a whole and of each of said homes and Lots situated therein.1 . . . All of the restrictions shall run with the land and shall be binding upon the Owners and upon the parties having or acquiring any right, title or interest, legal or equitable, in and to the real property or any part or parts thereof subject to such restrictions, and shall inure to the benefit of all successors in title to any real estate in the development.2 . . . The following covenants and restrictions on the use and enjoyment of the Lots, The Properties and the Common Properties shall be in addition to any other covenants and restrictions contained herein and in the Plat, and all such covenants and restrictions are for the mutual benefit and protection of the present and future Owners and shall run with the land and inure to the benefit of and be enforceable by any Owner, or by the Association~ present or future Owners or the Association shall be entitled to injunctive relief against any violations or attempted violations thereof (including the right to recover reasonable attorneys fees, costs and expenses from the violating Owner), but there shall be no right of reversion or forfeiture resulting from such violation.3 Section 6.1. Residential Unit Use. All Lots in The Properties shall be used solely for residential purposes. No business building shall be erected on any Lot, and no business may be conducted on any part thereof in violation of any home occupation provisions of the applicable zoning ordinance. 1 Amended and Restated Declaration of Covenants and Restrictions, p. 2. 2 Amended and Restated Declaration of Covenants and Restrictions, p. 2. 3 Amended and Restated Declaration of Covenants and Restrictions, Article 6 “Covenants and Restrictions”, p. 8. a. All Lots shall be used exclusively for residential purposes and the occupancy of a single family, all as permitted under local zoning ordinances. "Single Family" is defined as a single housekeeping unit, operating on a non-commercial basis between its occupants with a common kitchen and dining area. b. A resident may operate a home-based business in their home in accordance with local zoning laws. In addition to these provisions residents must adhere to the following rules: i. No signage of any type is allowed to advertise such business. ii. Employees are limited to one (1) non-resident who works at the residence. iii. No trade may be conducted in the residence where non-residents other than an employee visit the residence in total more than two (2) times per day. iv. An Owner may submit a request in writing for an exemption to this covenant to the Board of Directors. Such exemption will be for a period of one year unless otherwise allowed by the Board of Directors. v. Owners operating a home based business effective as of the passage of these covenants and subject to exemption from the Board of Directors may continue to operate this business for a period of one year from the passage of these revised covenants prior to compliance. Businesses not in compliance with local ordinances will not be allowed to be exempt. c. Owners who lease their properties to non-residents must submit a list of the names of all residents to the Association at which time these individuals will be allowed to enjoy the same privileges as Owners in regards to the use of the Common Properties.4 . . . Section 8.1. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by Woodland Springs, Inc., or the Owner of any land subject to this Declaration, their respective legal representatives, heirs. successors, and assigns, for a term of thirty- five (35) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Owners of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part.5 Section 8.2. Enforcement. The Association, the Owners, the Board of Directors, and all persons subject to this Declaration (collectively, the “Parties") 4 Amended and Restated Declaration of Covenants and Restrictions, Article 6 “Covenants and Restrictions”, pp. 9- 10). 5 Amended and Restated Declaration of Covenants and Restrictions, Article 8 “General Provisions”, p. 16). agree to encourage the amicable resolution of disputes involving the Woodland Springs property and to avoid the emotional and financial costs of litigation if at all possible. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants; and failure by Woodland Springs. Inc., or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ln any action by the Association or an Owner to enforce any of the provisions of this Declaration, such party shall be entitled to recover all costs of enforcement, including attorneys' fees, if it substantially prevails in such action.6 At this time, because the property is not currently being operated as a group home and the owner has no Special Exception to do so, there is no present violation of the Woodland Springs HOA covenants to enforce. However, the WS Board opposes the requested Special Exception. The WS Board believes that the requested group home would violate its covenants and reserves the right to enforce its covenants to the fullest extent of the law should there be any violation. Board of Directors, Woodland Springs Homeowners Association 6 Amended and Restated Declaration of Covenants and Restrictions, Article 8 “General Provisions”, p. 16.