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HomeMy WebLinkAbout05-21-2019 Crable - public CommentA DCS 2019.05.21 City Council Public Comment by homeowner Sarah Crable I want to bring attention to the following items: UP CITY CLERK 1. We as private homeowners in the Toscano Development are have two roles - a. We are private homeowners living within the limits of the City of San Luis Obispo and are governed by the final tract map recorded with the County and City municipal codes, and We are private homeowners who are members of a Homeowners Association (HOA) that is governed by a set of Covenants, Conditions, and Restrictions CC&Rs that were adopted by the City on August 16, 2016. As a side note, these CC&Rs require a two- thirds homeowners' votes to be amended. 2. In reviewing the CC&Rs, the final tract map, the development's conditions of approval, Municipal Code 12 and what was physically constructed on site, it appears that construction permits were issued without ensuring consistency with the conditions of approval. 3. Based on recent interactions with all entities involved in this development, it has been brought to my attention that the clear rights, roles and responsibilities of the Builder, the City, the HOA, and the homeowners, are being either negated, confused, and or blurred due to the inconsistencies mentioned in #2 above. This has created a conflict, a conflict that must be remedied and mitigated in the future so that homeowners can work successfully with the City as well as Midland Pacific (the Builder) since development will continue for an additional 2-3 years. 4. To be successful in our interactions with the City, the HOA, the Builder, and other surrounding homeowners, as well as mitigate any future conflicts, I believe that we homeowners in the Toscano development have the following needs: a. For the City to have a clear understanding of the final tract map and the CC&Rs. b. For the City to have a clear understanding of WHO on each lot is responsible for required operation and maintenance: i. Private homeowner ii. The HOA iii. The Builder iv. The City For the City to have a clear understanding of HOW each of the following entities are required to operate and maintain each lot: i. Private homeowner ii. The HOA iii. The Builder iv. The City d. For any requests from the City regarding lots that are privately owned and maintained need to be made in writing and correctly addressed to the private homeowner and not the Builder. The final tract map recorded with the County and the CC&Rs delineate who owns and operates what on each lot. e. For any requests from the City regarding lots that are HOA owned and maintained need to be made in writing and correctly addressed to HOA and not the Builder. Stephanie Croft with Mark IV Property Management system operates the HOA and she can be reached at (805) 466-6275 or Stephanie@markiv.net. 5. Any assistance from City staff or City Council to aid in getting all involved parties on the same page is appreciated.