President Steve Shirley opened the meeting by introducing Attorney Abby St. Lawrence, who provided an overview on the process of overhauling the TSA covenants. She noted that TSA has no comprehensive set of covenants, but a series of covenants that cover different zones within the subdivision. She said that, to change the covenants, some will require the votes of 80 percent of the homeowners while others need just 50 percent. She said one of the reasons for rewriting the covenants is to harmonize differences between the covenants that cover different parts of the subdivision.
She said the homeowners association began looking at changes in the covenants after encountering troubles with getting the fireworks stand at the entrance to the subdivision to comply with covenant rules. She noted that some of the covenants are quite old and may be outmoded. She noted, for example, that the Architectural Control Committee called for in some of the covenants isn’t used in a consistent fashion. She asked whether it should it even be included in a new set of covenants.
The covenants also have vague definitions for topics such as “noxious” activities and parking that make them difficult to enforce, she added.
St. Lawrence suggested reconvening a committee to create a new set of covenants that would consolidate the half a dozen or more covenants that cover the different districts in TSA. She said she learned the job won’t be easy from helping the Eastgate subdivision in East Helena, which also updated its covenants, but it would be a worthwhile endeavor. Even if only a portion of the districts in TSA approve the changes, she said, it would be an improvement and it would lay the groundwork for getting the change in other districts.
When asked, St. Lawrence said any changes would only affect future construction and uses and would not be applied retroactively.
There was some discussion of how the covenants aren’t always consistent with county zoning rules, and there’s a need to iron out those differences. TSA resident Ken Varns analyzed that problem in a report for the subdivision that could prove useful in putting together a new set of covenants.
Those in attendance talked about assembling a committee that would meet in early January to review our current covenants and recommend changes and ways to consolidate them into one document. (If you have any interest in helping with that project, which could involve several evening meetings, please let Steve Shirley know by email.)
Shirley and TSA treasurer Terry Atwood also outlined plans for work on TSA’s impaired French drains. They said the Peccia engineering firm was preparing a plan to repair about 18 drains next summer at a cost of about $110,000 – an amount that would fit within the subdivision’s RID budget.
They said the work would involve installation of horizontal drain tubes on to the barrel drains that would, in many cases, have to go under the lawns of nearby homeowners. Although the underground tubes would be under the homeowners’ lawns, they are located in the public right-of-way and not on private property, they said. Nonetheless, any lawns, sprinkler systems or other property disturbed by the construction work would be restored.
Shirley and Atwood said the affected landowners will be contacted at some point this winter for a public meeting at which the work involved will be described in greater detail by Peccia officials.
(As most of you probably noticed, Otter from Bobcat to Wolverine was recently reconstructed. Similar work was scheduled to be done on that same stretch of Kodiak, but the weather dashed plans. It likely will be done now in the spring.)
Some homeowners wondered about the status of Beaverhead and other TSA roads that might be impacted by 46 Degrees North. When the county approved the new subdivision, it did so with the condition that the developers would pay money into TSA’s RID fund for impacts to our roads from traffic coming out of 46 Degrees North.
Dwight Rose suggested that TSA might offer to forego the funds from 46 Degrees North if the money would help construct a bridge over the irrigation ditch that would allow Sanders Street to be extended on north into the new subdivision. It was also suggested that TSA might want to get a traffic counter put on Beaverhead to determine levels of traffic before and after the new subdivision comes in.
Shirley said he’d talk to county officials about those ideas.
Shirley said he’d also soon order bags and candles for Christmas luminaries. He said that, while interest in the Christmas tradition has waned some in recent years, there still seems to be enough to keep it going. (If you have any interest in helping with the assembly and distribution of Christmas candles on your street, let Shirley know so he can put you in touch with your street representative.)
Report by President Steve Shirley & Treasurer Terry Atwood