The board has been asked by several residents to comment on the recent email from Judy Hernandez. Our intention here is simply to state the facts and not to try to create discord within the neighborhood.
Attorney Opinion Included in Proxy Vote
The board was asked in November by the association to have our attorney create a letter explaining the dock situation and the options available for resolution. This is the letter that was included in the proxy package. The attorney works for the association and the letter simply explained the alternatives available to us. When you read the letter you realize the only viable solutions are to amend the declaration or enforce the deed restriction. The decision on which option is appropriate for Tree Tops will be determined by our residents.
The board is not biased and it was this board that pushed for a community vote immediately upon being elected. It is the responsibility of the board to uphold the deed restrictions and organize a community vote when residents request a declaration change. The board has worked hard on two initiatives to amend the declaration. The board is also not authorized to speak for the Cuteri’s and the Cuteri’s have distributed information in the past to the community and are free to do so. There has been no lack of information that has flowed through the neighborhood concerning this matter via various email channels from the board and other residents. It is the right of individuals to express their views and share their ideas. The board has never attempted to disregard people’s opinions or thwart the exchange of information.
Brown Dock and Plot Lines
As stated in the emails, the Brown dock was grandfathered into the declaration. The original intent of the Browns was keep living in the neighborhood. The deed restrictions were specially written to allow this dock to stay. The deed restrictions allow this dock to be maintained and enhanced however the size can never be made larger.
The home being built with the old Brown dock is on a lot known as the Estate Lots. The 5 home sites that are part of this plot of land differ with regards to the plot lines from the other lots in the neighborhood. Even though it is not material to this case, it should be known that these lots extend into the water. All other lots within Tree Tops have plot lines that end at the lake lines. This information can be reviewed on the Hillsborough Property Appraiser’s web site.
Gazebo
The comments on the gazebo in the common area are not material to this case.
Closing Comments
Please use your right as a homeowner to help decide this matter once and for all. The board intends to move forward after this vote is completed.