Barton Hills Neighborhood Association
Executive Committee Meeting Minutes 8 March, 2005 |
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Attendees
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Officers present were Don Long, Debby Kalk, Eddie Torres, Howie Richey, Diana Stangl, and Scott Smith. Guest present included Jerry Harris, Patricia Edwards, Sam Smith, Nan Clayton, and Melissa Whatley. Long called the meeting to order at 7:10pm.
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Deed Restrictions
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Long gave an overview of the neighborhood planning process and explained that Sara Bartos had approached the Executive Committee about a construction project on Dip Cove that she was concerned about. Long explained that he had then invited the Neighborhood Planning Committee to come to the Executive Committee meeting to discuss the issue. Attorney Jerry Harris, a local resident, provided an overview of his research of the issue and discussed his findings with the Executive Committee.
Attorney Harris explained the deed restrictions that are in place throughout the neighborhood and the fact that as private contracts, they take precedence over all other city zoning rules and neighborhood planning processes. There are approximately 150 subdivisions within the BHNA and each one has its own set of deed restrictions. However, they are all basically the same (as far as he has been able to determine so far). Harris indicated that the deed restrictions are pretty clear about what is allowed. However, since the Architectural Control Committees referenced in the deed restrictions are all defunct now, the deed restrictions can only be enforced by lawsuits brought by individual property owners within those subdivisions. A homeowners association may also enforce deed restrictions; BHNA is not a homeowners association and therefore has no legal authority in this regard. Long asked Harris to attend the next General Meeting and discuss the deed restriction issue. Harris agreed. Long will draft a letter from the BHNA Executive Committee to Sara Bartos and the other property owner stating that the role of the BHNA in such issues is to provide objective information for both parties in the interest of conflict resolution; that BHNA respects the fundamental authority of deed restrictions; and that BHNA expects the neighborhood planning process to further reinforce that the will of the community is to support and enforce deed restrictions. The guests all left at 8:15. |
Newsletter and other items |
Discussion regarding the content of the next newsletter and other items needing action followed. The following articles/items were proposed/discussed:
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General Meeting | Long asked that EC members try to arrive early to help set up. Dinner will be served from 6 - 7 and the meeting will start promptly at 7:00. |
Next Meeting |
The next General Meeting is April 12, 2005. |
Closing | The meeting adjourned at 8:45 pm. Respectfully submitted, Diana Stangl Recording Secretary |