Notes on Covenants
This page is in the secure area of the website and intended to hold various notes and even musings on the covenants in Green Mountain Estates. As in the case of other entries in this section of the web site, this page is intended to record thoughts and happenings so that new board members have some background when an old board member says, "We've been there." AS IN THE CASE OF OUR HISTORICAL RECORDS, THESE ENTRIES ARE BEST AVAILABLE AT ANY MOMENT AND SUBJECT TO CHANGE, CLARIFICATION OR DELETION BY THE AUTHOR.
A sample copy of the covenants is from Dave Murphy and found in our website history in the "1973, March" entry.
On 1-12-2015 Charlotte Worster offered:
Covenants: I believe the covenants for GMCA are weak, but perhaps it is interesting for our neighbors to have the opportunity to see what was originally set up for this area. I personally wish some of the rules were more strict - too many cars/trucks on the streets, too much stuff visible from the streets, etc. Thankfully, they are not as strict as some HOAs I have heard about! I would suggest that it could be easier, less frustrating, and less prone to conflict with the law if GMCA would continue to go "all out" in encouraging homeowners to maintain and beautify their properties. We already do a lot of that - pictures of lovely gardens, Christmas decorations, etc. Let's be "cheer leaders" for that aspect for our area. It could be that would give us fewer headaches in the long run.
Covenants: I believe the covenants for GMCA are weak, but perhaps it is interesting for our neighbors to have the opportunity to see what was originally set up for this area. I personally wish some of the rules were more strict - too many cars/trucks on the streets, too much stuff visible from the streets, etc. Thankfully, they are not as strict as some HOAs I have heard about! I would suggest that it could be easier, less frustrating, and less prone to conflict with the law if GMCA would continue to go "all out" in encouraging homeowners to maintain and beautify their properties. We already do a lot of that - pictures of lovely gardens, Christmas decorations, etc. Let's be "cheer leaders" for that aspect for our area. It could be that would give us fewer headaches in the long run.
On 1-12-2015 Carl Worster offered:
About covenants: The real question in my mind is "Who has the authority to enforce any covenant within the city?". Without researching this question with an attorney like the City Attorney, my personal supposition is that, without an active HOA, only the City of Lakewood could enforce any provision of a covenant. Thus I believe the city codes are the only things that are enforceable, from a practical stand point. It was for this reason that I suggested at the board meeting that we not add additional covenants from other zoning filings to our website. I think that what you posted for your own personal property is interesting, and it serves as an example, for others who are interested. But most residents want to ignore covenants, and in our area, they generally do. As a board, we have referred to the City of Lakewood codes as our source of information and have used these codes as a reference in any dealings with problems in our area.
About covenants: The real question in my mind is "Who has the authority to enforce any covenant within the city?". Without researching this question with an attorney like the City Attorney, my personal supposition is that, without an active HOA, only the City of Lakewood could enforce any provision of a covenant. Thus I believe the city codes are the only things that are enforceable, from a practical stand point. It was for this reason that I suggested at the board meeting that we not add additional covenants from other zoning filings to our website. I think that what you posted for your own personal property is interesting, and it serves as an example, for others who are interested. But most residents want to ignore covenants, and in our area, they generally do. As a board, we have referred to the City of Lakewood codes as our source of information and have used these codes as a reference in any dealings with problems in our area.