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Fellow PBH Lot Owners -
Recently, one of our PBH Lot Owners had their own personal lawyer review
the Revised Covenants to get that lawyer's opinion before deciding whether
or not to sign to ratify them.
This lawyer has not previously been involved in any PBH HOA business.
This lawyer's response was very positive and the PBH Lot Owner that is his
client has said it was OK to share the lawyer's opinion with others.
I
have been told that this lawyer is highly regarded in Boulder as a land use,
construction and real estate lawyer (although I have had no personal contact
with him myself.)
Bill Alexander, President, PBH HOA Board of Directors
April 24, 2010
Here is that lawyer's response:
Date: April 22, 2010
Subject: RE: Unit 5 Covenants
I have reviewed the new covenants and
think they are, overall, an improvement and modernization of the originals,
and that it would be a good idea to sign them. I think they provide more
flexibility, and better enforceability, of both the Association's rights and
those of the homeowners. The "no detriment" concept allows for a more
flexible standard of enforcement, and the arbitration, injunction, and
attorney's fees clauses enable there to be more tailored enforcement actions
if they are needed.
Let me know if you have other specific
questions or concerns.
Best,
John Tweedy
John Tweedy
Robinson Tweedy, P.C.
1136 Pearl Street, Suite 202
Boulder, CO 80302 |
