![]() ![]() Section 6: ECC/ARC/CPI Subject: Venue to Discuss DRs Msg# 556832
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I do not think a section can remove itself from OPA entirely. However, I do believe each section can set their own Declarations. As you know, after the original 11 or 12 sections, the DRs are different in a number of respects for each new subdivision. So, suppose my section, about 412 lots decides to make a DR change. The lot owners do not even have to tell OPA. The process is simple. Mail a paper to all lot owners in the section asking for their signature as power of attorney for one specific purpose (submitting the DR change to the county), and if 407 come back signed you haul them down to the court and have the change recorded in the land records. The options here are boundless. I would assume a section could, for example, dump the OPA version of ECC and create a section ECC. It could perhaps change the DRs to say that unlicensed motor vehicles or unlicensed boat trailers were a violation. It could possibly remove the ECC aspect entirely and leave DR enforcement strictly up to individual lot owners (they have that right now). It could change the DRs to say that any home approved by county permitting, over 2000 sf, and no trailers, etc. would be permitted (just an example). I certainly have not thought out every detail, but I am most confident there is a better way to do ECC business than we do it today and actually end up with a better community over time. I've been in restricted communities in many states. Anyone who thinks OP is a restricted community does not believe it is because it looks so good, rather because of all the publicity about infighting and nitpicking enforcement while ignoring over a long time the important stuff that has produced a community that does not look like a restricted community. (Ain't that some sentence).
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For reference, the above message is a reply to a message where: Each section has the right to change the DRs of the section. However, no section can write by-laws that supercede OPA by-laws. Just think, a section could use the change process to eliminate all reference to the OPA and cecede? What do you think ? |
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