President Steve Shirley opened the meeting by talking about the work being done to overhaul the TSA covenants. He noted that TSA has no comprehensive set of covenants, but many covenants that cover different zones within the subdivision. The goal of the overhaul is to make it easier for homeowners to locate and interpret the covenants, he said.
Attorney Abby St. Lawrence noted that some of the existing covenants require the approval of 80 percent of the property owners to make a change while others need just 50 percent. This is a high bar to jump, she said, but it can be done. She said she helped homeowners in an East Helena subdivision revamp their covenants. She also said that, if some zones enact new covenants and others don’t it doesn’t invalidate the new covenants. The new covenants would go into effect in the zones that pass them, and the association could try to come back in the future and pass them in the ones that don’t immediately enact them.
There wasn’t an extensive discussion of the draft covenants that St. Lawrence and the committee have been working on. One provision that drew some discussion was item No. 8, which says “No noxious or offensive activity including public or private nuisance as the same are defined by Mont. Code Ann. 27-30-101 shall be allowed on any lot.” St. Lawrence said she will include the actual language in the state law in the covenants.
The committee decided not to include fireworks in this section because they felt it would be difficult to get 80 percent of the subdivision’s residents to support a ban on fireworks. One of the problems, they felt, was that the homeowners’ association had no ability to enforce such a ban if one was written into the covenants.
Another item that was discussed (No. 12) says that residents shall not park RVs, boats or trailers on TSA streets for more than 24 hours between Dec. 1 and April 30. It also says that they cannot put inoperable vehicles on their lots unless they are enclosed in a garage. St. Lawrence said language will be added to note that the definition of inoperable vehicles will be expanded to RVs and boats, so that residents can move them off streets and onto their lots in winter months.
One of the homeowners in attendance said a structure on his property would not be in compliance with the setback requirements in the covenants. St. Lawrence said the covenants will apply only to “things going forward” and old practices and structures will be grandfathered in.
St. Lawrence said one of the major changes in the covenants is that the Architectural Control Committee called for in some of the covenants will be eliminated as it is rarely used. The officers of the homeowners association will instead approve or disapprove requests for variances in covenant codes.
St. Lawrence will make more refinements in the covenants, and she will prepare a cover letter. In several weeks, when they are all final order, they will be sent out to TSA property owners for approval.
Owners will be given a certain amount of time to get their ballots back. Those at the meeting discussed how volunteers will have to be recruited to go door to door to get TSA residents to return ballots. (If you want to volunteer for this project, let us know). This probably will take place later this summer or fall.
If and when covenants are approved, finalized copies will be distributed to homeowners.
One couple expressed concern about vegetation and other problems caused by their neighbor’s property. They were advised that they should be able to cut back vegetation that grows on to their property, and that other problems may require them to get legal assistance.
Others at the meeting expressed concern about potholes and curb problems that developed during the winter. President Shirley said he’d contact the county to find out what their schedule will be for filling potholes this summer and, what, if anything, they can do about broken curbs.
TSA officers Shirley and Terry Atwood also noted that plans for work on TSA’s impaired French drains are running behind schedule. The plans call for repair of about 16 drains this fall at a cost of about $120,000. TSA’s RID currently has about $130,000, but that amount will grow as spring and fall tax collections grow.
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. 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 for a public meeting at which the work involved will be described in greater detail by representatives of the county and the Peccia engineering firm.
Shirley also noted that the homeowners association is hoping to hire someone to work on a plugged drain on Kodiak across from the LDS Church that carries water to the common area to the north.
Treasurer Terry Atwood said homeowners association has about $11,500 in its account. Some of it will be spent on lawyer’s fees and the effort to get covenant ballots distributed, he said.
The officers at the meeting decided to delay election of officers until the fall because no one has expressed interest in running for vacant offices. We have two unfilled offices: Vice president and secretary. Please consider helping us out by offering your time (which isn’t a lot) when we have elections in the fall.
Report by President Steve Shirley & Treasurer Terry Atwood