There have been many questions about what will happen if the new revised Declarations and Bylaws do not pass. Basically, to put it as brief as possible, nothing will change. Everything will stay the same as it is now.
We will not be able to legally have Building Representatives. As it is, we are relying on the conscientious hard work and diligence of a few observant homeowners to spot and keep and eye on and report problems when they see them. Over time, it has proven to be not enough. A few individuals cannot be expected to catch everything. We need Building Reps for each building.
We cannot legally tow. The person who owned the trailer (see picture on the blog) probably was loaning it to a tenant living at Easthill Apts. Anyone who could afford such a full-size completely rigged trailer such as that one probably has a fair amount of money. We might have just had the trailer towed because it had been sitting on our private property for as long as it was. Had we done so, and the gentleman had asked where it was and we replied that we had it towed and he asked what gives you the right to tow and we replied, "Our Declarations", and he inquired about them and discovered that our Declarations make no mention of towing authority, the gentleman could have called his attorney and we could have been sued for a lot of money. This would apply for any vehicle, trailer, car, or boat for that matter which was on Kenthill Townhomes property.
[Also, just as Kenthill Townhomes does not have, nor has it ever had, authority to tow vehicles on Easthill Apts property, so too, Easthill Apts. does not have, nor has it ever had, authority to tow vehicles on Kenthill Townhomes property. It is private property.].
We will not be able to do anything about the problems with Easthill Apts. Should we wish to request that the owners of Easthill Apts. sit down with us and renegotiate the terms of the Joint Eastment and Access Agreements (there are two) so that we can come to some better agreements regarding the use of the swimming pool (or any other recreational item for that matter), we cannot do so, since our Declarations at the present time do not give us that authority.
And we will continue to lose approximately $4700 every year (see recent blog post entitled, "Some math").
