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REGULAR 21EETING OF THE OROP10 COUNCIL, FEBRUARY 23, 1978 Page 26 <br /> CLARIFICATION REGARDING COVEi1ANTS WALTER'S PORT <br /> (Continued) <br /> �he acts of certain individuals, made menbers of <br /> �he �9alters-Port Im�rovement and i4aintenance <br /> Association by recorded covenants, have brought <br /> into question the vitality and authority conferred <br /> in those covenants. The specific legal c�uestions <br /> evolving are simply: <br /> 1. Are individual lot owners in Walters-Port <br /> precluded by recorded covenants from modifying <br /> and improving property over which they have non- <br /> exclusive easenents shared by other lot owners, <br /> without prior homeowners association approval? <br /> 2. May a lot owner seek building permits to modify <br /> or improve said property on his own behalf or <br /> r:lust building permits to modify or improve <br /> said property be sought only by the hor.leowners ' <br /> association under the recorded covenants? <br /> 3. P�7ay a municipality, without consent of the home- <br /> owners association, grant building nermits to <br /> individuals who seek to modify or improve <br /> property which is subject to recorded covenants <br /> which give authority and responsibility for <br /> such things to a horieowners association? <br /> �n ray opinion, the answer to the first question is <br /> an unequivocal "yes" . Paragraph 8 of recorded <br /> covenants states, in pertinent part: <br /> • "8. The owners of each and every lot in said <br /> subdivision are by their ownership made members <br /> of the �9alters-Port Improvement and P4aintenance <br /> Association. The members of this association <br /> . shall be financially responsible for the main- <br /> tenance, preservation and improvement of the boat <br /> harbor and channel to the lake • located on Outlot 3 <br /> and 4 of said subdivision. The members of this <br /> association shall also be financially responsible <br /> for the maintenance, preservation and ir.iprovement <br /> of the road located on Outlot 1, of said sub- <br /> division after said road has been surfaced by <br /> William R, ti�7alters. Each association member shall <br /> have a vote in any matters pertaining to Outlots <br /> 1, 3 and 4 in the proportion as hereinafter set <br /> forth. Further, any maintenance or improvement <br /> expenses authorized by said association will be <br /> borne by the individual members thereof in the <br /> proportion as hereinafter set forth. " <br /> (Continued) <br />