The meeting was called to order at 7:00 PM by President Kelly. Present were: Craig Cowles, John Horn, Robert English, Herb Jolliff, Ed Conn, Kelly Wilson, and Dave Martin.
The one issue this evening was the enforcement
of the ByLaws and CC&Rs, particularly those relative to certain fences
being currently built along taxiways and walkways: the walkways North and South of Luscombe are one of the areas
under discussion. One fence, already built, is barely four inches from the
walkway edge. According to the
CC&Rs, approval by the architectural committee of the IAHA is necessary
before building any home or property improvement including a fence. Other issues that were discussed concerned
shrubbery planted close enough to be a problem for wing tips when it grows high
enough.
John asked if the architectural committee could
deny the applicant, and Dave's response was that it could deny approval and/or
place conditions on the building of it.
A question was raised about what property rights apply on the various
paths, and the response was that the full width of the pathway is IAHA property
in the south end, while the northern streets have easements on homeowners
property down the middle of the path.
The lone exception is the one up against Dave Martin's hangar as that is
all on Martin's property.
Putting a lien on the uncooperative homeowner’s
property was considered a good effort at putting teeth into the IAHA
statutes. The IAHA is charged by law to
enforce the CC&Rs since they are a part of our ByLaws. Section 3 of the
General Provisions of the CC&Rs already stipulates that the Board has the
right to enforce the statutes by “any proceeding at law or equity.”
The first condition that needs to be met, all
agreed, is to communicate exactly what is wrong, both in writing and
verbally. It was also agreed that legal
threats would not be mentioned unless every other way of securing compliance
had first been tried with the property owner.
Holding a public meeting before such enforcement is not considered
necessary, given that the Board already has the authority to enforce the
CC&Rs.
The stipulation for fences, it was agreed,
should be 18 inches back from the walkway edge with no height restriction
unless it comes close to the taxiway.
That stipulation is not spelled out in the CC&Rs at this time. Adding such language to the CC&Rs was
discussed, but it was decided that it wouldn't help with the cases currently
under discussion. The change in the
CC&Rs will be on the agenda for Fall.
It was agreed that the approach to the current
problematic fence-builders is the safety and liability concerns regarding the
fence being so close to the public access walkway. A committee should be formed to look into the CC&Rs as they
exist now, making notes on what needs to be changed, and make recommendations
to the Board. Dave asked that those
attending this meeting tonight look over the CC&Rs to see what might need
to be changed besides what has already been discussed tonight.
The meeting was adjourned at 8:17 PM.
Respectfully submitted by Robert English,
secretary.
Meeting0807.doc