Park County Government - A different way of governing

noneya BIZ wrote: Doesn't Burland already have a Rec Center of sorts over on Sleepy Hollow?

rofllol You mean the all night "volleyball" landmark? blaring music, games till after 2:00a.m. and the "smoke signals", if ya know what I mean? :can't hear

Beeks wrote: I guess the park has got to go too, and the equestrian center, and the road and bridge yard as well......

Yep that thought did cross my mind.

Beeks wrote: Totally guessing here, but I'm thinking that government owned properties are somehow excluded from local HOA control. I'm all ears if someone knows differently....

From what we looked at copies of covenants (not all inclusive) it doesn't look like they were excluded. And yep in violation unless the Burland Meadows HOA and residents approve according to their covenants. Burland Meadows HOA and residents might have a whole lot more control than they are aware of.

The Burland Meadows HOA no longer exists. So these points are moot.

Not necessarily 2wlady. Go back and read the covenants. If i remember correctly they were filed with the Clerk and Recorders office and they still apply unless your covenants provide otherwise. And there certainly isn't anything that says you can't activate your HOA. Depends on how much the current homeowners care about their subdivision and how much control they want over others coming in and usurping what they don't legally have the right to. What happens when someone wants to put a toxic waste dump on one of the lots or other violation not allowed in the LURs for mountain residential. It appears that a ballfield, equestrian center and road and bridge shop for use by the public doesn't fall under mountain residential LURs either.

Commissioner Tighe specifically asked people to come to the board before filing a lawsuit - not that he listening to any that objected to the communication center, but let them know your intent with your HOA and your rights. Stop the expansion. It is your right. If you have to get an attorney ask about getting your attorney fees paid for by PCLL and BOCC for their violations. But do give the BOCC the opportunity to remedy first w/o the expense of an attorney.

Have you considered talking with the attorney who is assisting with the Comm Center issues? i don't know if he has HOA background. That is pretty much why I suggested one like the Woodside atty. He lives in Woodside and already has a track record of winning.

It's your wells and lots that are affected and are doomed. Please PM if you want the name of the Woodside attorney. It is on the Court of Appeals court case. I don't know the name of the one for the Comm Center issues but Nmysys, AV8OR or Sundance does.

Came back to add - have you considered also talking with an attorney about compensation from PCLL and Parkco for the excess noise that everyone will have to endure and having your wells tested prior to any other wells being drilled on those lots to prove that they are diminished. I think PCLL needs to rethink where they are going with this and the legal ramifications it can have.

may i also say thanks to jmc, cinnamon girl and now science chic for having this website available to discuss these issues. as a thanks i will go out and visit one of your sponsors. hope others will do the same.

Went down to the nursing home this morning to visit my dad. As usual we got around to legal and politics, two of his favorite subjects. Ran the above situation by him to hear what he had to say. He is a retired attorney. First words out were standing. If he were a party to this, he would ask to see PCLL lease agreement with Parkco to see if PCLL even has a right to bringing a rezoning request. For $10 per year, if I understood correctly, it seems they are getting some pretty hefty rights for being a lessee and not an owner. I would wager that they don't have all those rights. I think that is why Commissioner Tighe, if I understood correctly, suggested that they go talk with all the neighbors in the area.

My dad also said if he were a homeowner in Burland Meadows he would reactivate incorporation of the HOA so fast with the Secretary of State or if he didn't find one to reactivate he would incorporate a new one. Since it was platted and approved as a subdivision and there are covenants which were filed and if you are a homeowner you more than likely have standing.

He highly recommends getting an attorney and taking PCLL to court if necessary to pick up the tab for this little fiasco.

He also asked if you were serious or if it was just bit--ing or complaining on a website. I told him time would tell.

Good luck to all of you.

Sundance wrote: Yes, what a great idea! A Rec Center for the Taxpayers & their children to enjoy. Wouldn't it be wonderful to put all that money for an uneeded 8,500sq ft building to good use & do something positive for the Taxpayers.

My hopes are still high to bring this Com Center to a vote. I thank all of the Folks who have gotten involved putting forth all their efforts.

PCLL can't allow the community to use the new building, someone (who started this thread) and her friends cried about it to the zoning board, so they are going to zone it so that it is to be for baseball use only. PCLL wanted to share the new building with the community, but now they won't allow it.

Share with the community? Or rent it to the community?

It didn't get that far, 2wlady and her neighbor complained about it, so its being zoned so that pcll can only iuse it for baseball. They weren't going to use it as a moneymaker, if that's what ou are asking.

Mtntrekker, thank you for all your good info regarding the HOA situation, and thanks so much to your Dad for his legal input. I do not know if these folks realize what power HOAs have in these regards. It is a lot of power. I do agree to seek out an atty to get these covenants reinstated. Although, I cannot imagine that they are not still in place.

Your statement about the wells is another consideration for them. Would they not have a water augmentation which is monitored also? Water is precious in this state. Tighe knows that this would not only be the right thing to do (talking to the homeowners) but, it is also something that is legally required when rezoning, more so a letter being sent out to those who would be affected by any of this.

I would encourage Burland Meadows to definately seek legal help. I truly feel they have a worthy isssue to put forth with the effort of an atty. The Woodside atty would be a good choice, given the fact that he/she has already dealt with issues in this area. I know of a few too if any one would want to pm me.