The Notorious “Buffer Restriction” #2

In my previous posting I asked the question:
When and how did this “Buffer Restriction” get voted on to become the law of the land?

In an exchange of opinions on our Facebook group Indian Hammock Owners’ Rights I directed this question to the President of our Board of Directors who is also the chair of the Buffer Ad-Hoc Committee.

I did this in advance of the first Buffer Ad-Hoc Committee meeting of February 2, 2020.

The Purpose of this Buffer Ad-Hoc Committee was described as follows:
“When a buffer is replaced, we do not have a good description of what plants should be included, how large they should be, how they should be placed, how many plants should be replaced, etc. The purpose of this committee is to create a proposal for the BOD, which defines what needs to be done to replace a buffer”

I believe that we have here two possible scenarios.

  • There is a legal, enforceable Buffer Restriction.
  • There is a guideline/suggestion of what is a desirable Buffer, one that will automatically be approved by the Architectural Review Committee.

These are two completely different scenarios, leading to two completely different sets of suggestions to be discussed.

The first scenario more than likely requires legal advice in order to make such definitions or suggestions enforceable in a court of law.

In the second scenario any suggestions must be extremely friendly to the Owner as they will be only suggestions, not enforceable by a court of law.

Instead of providing an answer to my question, the President of the Board of Directors responded “the assumption going into the meeting is that the 25’ buffer is a legitimate rule within the building restrictions”

This response is unacceptable to me for the following reasons:

  • Nowhere is a 25’ buffer mentioned in the Declaration of Restrictions or the By-Laws.
  • The only place a “Buffer” starts appearing is in the Building Application Package that the Owners are asked to submit to the Architectural Approval Committee before doing any work on their lot.

The “Buffer” issue caused in the past and is causing now a lot of animosity and mistrust between the Owners/Members and the Boards of Directors.

So here is my question again, mostly directed at our current Board of Directors and its President.

When and how did this “Buffer Restriction” get voted on to become the law of the land?

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