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CUSHMAN v. FHHA SUMMARY (pdf)
DownloadMSJ Minute Order FINAL_Redacted (pdf)
DownloadFHHA Legal Update Nov 12 2024 (pdf)
DownloadFHHA Second Amendment Tally Communication (pdf)
DownloadFHHA Amendment Extension Communication 9.25.2024 (pdf)
DownloadFHHA Amendment Extension 8.29.2024 (pdf)
DownloadFHHA Amendment Extension Communication 8.4.2024 (pdf)
DownloadBoard Letter to Members Re 2nd Amendment to CCRs 6.14.24 (pdf)
DownloadSecond Amendment to CCRs 6.14.24 (pdf)
DownloadApril 2024 Update (pdf)
DownloadNotice to Owners lawsuit 1.9.24 (pdf)
DownloadOwners of a Lot within the Association sued for declaratory relief regarding the interpretation of the 1974 CC&R View Provisions.
CC&Rs provide the framework and the Board must interpret, define, and put them into the practice with Resolutions or Rules & Regulations.
We believe that this Board (and previous Boards) have adhered to the 1981 View Resolution, consistent with our practices for more than 40 years!
A dispute has led to a lawsuit challenging the Board's long-standing interpretation of the View Provisions. The plaintiffs demand a broader definition of the "View" and "adjacent" than historically used, which, in the Board’s view, could cause uncertainty, financial loss, and serious dispute within our community of 454 homes while being of little practical or financial benefit to the vast majority.
The Board strongly believes that our long-standing interpretation is crucial to preserving view rights without infringing on the use and privacy of lots.
We proposed an Amendment to the CC&Rs to formalize the 1981 View Resolution practices, while making them clear and enforceable in June 2024.
We are not expanding nor are we taking away any existing View rights as these have, to the best of our knowledge, been generally interpreted by past boards and accepted by the vast majority of Association owners for more than 40 years.
The vote was extended 3 times and the ballot tally was conducted on Oct 15. The proposed amendment did not pass.
The lawsuit was dismissed on Nov 1, 2024. Further actions and next steps will be discussed at upcoming Board meetings.
Have a question or concern? Contact us anytime by email. Email member@fhha.us
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