MANSION HEIGHTS HOMEOWNERS ASSOCIATION, INC.
5100 Pintlar Mountain Court
Missoula, MT 59803
Sent By Registered Mail Return Receipt Required
July 2, 2010
Josh Rohde
P. O. Box 1295
Missoula, MT 59803
Subject: Sidewalk on Lot 89, Phase II, Mansion Heights Subdivision.
Dear Mr. Rohde,
On February 8th, 2006 a resolution was adopted by the Mansion Heights Homeowners Association (MHHOA) regarding sidewalk completion. Rule 2006-1 states: “The owner of any Lot in the subdivision shall install a sidewalk in accordance with the specifications issued by the City of Missoula and as provided on the subdivision plat, on or before the earlier of the following described events:
1. Forty five days after the first occupancy of the residence constructed on the lot; or
2. Two years after the date the subdivision plat containing that lot is recorded with Missoula County.
Any failure of a Lot owner to comply with this rule may be addressed with the enforcement provisions found in Article X, Section 2 of the respective Declaration of Covenants, Conditions, and Restrictions for Mansion Heights, including enforcement by the Association or any Member.”
A copy of this Resolution is attached for your reference.
In September of 2007, you were sent a letter from the President of the MHHOA requesting you to comply with the February 8, 2006 resolution. You were sent another letter in March of 2009 with the same request. To date, you have not complied with the resolution and installed a sidewalk on your lot.
At the February 2010 Annual Homeowner’s Meeting, the Board announced we will begin to enforce this resolution in 2010 by writing a final letter to those Lot owners who have not installed the sidewalk.
On April 12, 2010, we sent you a final letter, informing you that if you do not install the sidewalk on your Lot by June 30, 2010, or show the Board evidence of a contract to install a sidewalk within 30 after June 30, 2010, the Board will arrange with a contractor to install the sidewalk and bill you for the cost of installing the sidewalk. We have had no reply from you since the date of this latest letter.
Therefore, this letter is to inform you that a contractor will install a sidewalk on your vacant lot during the month of July, 2010. The cost of installing the sidewalk will be between $1,900 and $2,200. We will then bill you for the final cost of installing the sidewalk, and you have 30 days to pay that bill to the Homeowners Association. If you do not pay the bill within 30 days, the homeowner association will place a lien on your property. If you would like to make payment plans with the Homeowners Association, please send us a letter with your proposed payment plan.
Additionally, you will not be permitted to seek approval, nor will you receive approval by the Architectural Committee of the Mansion Heights Homeowners Association for building a home on your lot until all liens placed by the Mansion Heights Homeowners Association are paid in full, including providing documentation proving such liens have been paid in full placed by the Mansion Heights Homeowners Association.
We regret we have to take such measures, however it is the Board’s intent to ensure that Mansion Heights is a safe and beautiful place for all home and lot owners to live.
If you have any questions, please feel free to call me at 327-7476 or email me at .
Thank you.
Maria Wines
MHHOA Board President
Attachment: Mansion Heights Homeowners Association, Inc. Resolution for Adoption of Rule Regarding Sidewalk Completion dated February 8, 2006.
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