Your Neighborhood Needs an Approving Authority
Your Property Values Could Be at Risk
Your property values could be at risk if covenants and architectural review and approval of construction are not now being enforced. There is no longer an Approving Authority (AA) for most filings in Mountain Shadows. There is a substantial difference in property values if you compare covenant-controlled communities to non-covenant-controlled communities. Don’t let your neighborhood fall into the latter category.
This notice is presented on behalf of Mountain Shadows Community Association (MSCA) to let each homeowner know how we arrived at this point. This issue does not directly apply to Parkside, Longview, Tuscany Villas, Vantage Vista, Harbor Pines, and Twin Harbor, which have active homeowners associations. These residents will be indirectly effected and are welcome at our monthly MSCA meeting.
Background on Covenants
Covenants are meaningless if they are not enforced. In any subdivision, the Approving Authority (AA) performs all Architectural Control duties and covenant enforcement. In the past, The Schuck Corporation (and before them, Ridge Development) have been enforcing covenants with the assistance of MSCA -- mostly through letters and phone calls. This is typically what took place: a homeowner would call Schuck to complain about a violation. Schuck would either inform the neighbor that they were violating a covenant or they would pass that duty on to us at the MSCA. Another AA duty is to approve new buildings and improvements, such as fences or painting. These things cannot be started without AA approval. Schuck would look at your blueprints or proposal and decide if it passed muster.
Schuck is no longer responsible for this because their contractual obligation has ended, and they have formally relinquished responsibility. MSCA is unable to perform the Approving Authority (AA) duties as the covenants are currently written. It’s up to you to protect your property value by learning your options, and acting in your own interest to ensure that an AA is in place for your property and your subdivision. Communities without covenants often disintegrate to the point where houses get painted neon colors, have non-working cars on blocks on their lawns, have high weeds, have lots of barking dogs outdoors at all hours, etc. Do you want to live in that kind of community? Do you want to try to sell your house in that kind of community?
What Can You Do?
The most straightforward option -- as laid out in Section 501 of your covenants -- is to elect a three-person AA for your filing or subdivision, made up of people who own one or more lots in your filing or subdivision.
To learn more about how to protect your property values and quality of life, come to our Monthly meeting, or call a MSCA board member. You can find our phone numbers at our website:
Use available resources. Contact the Covenants Chairman on the MSCA Board to find out what assistance is available to assist you form your AA. Recommendations for establishing an AA are outlined in an MSCA document that is available on this website:
MSCAWEB.COM or in our newsletter