Currently 1 Response
- I think the town will be told that once a PUD has been designed and then approved by a municipality, the various original elements are transformed into commonly shared entities that cannot be altered substantially without the consent of a majority of stakeholders, similar to "commom areas" within a condominium association. It is the massive changes proposed by Welly that will most likely be the stumbling block in the courts when the second legal phase, the de novo suit, takes place .
From Wikipedia - some definitions:
"A planned residential unit development (PRUD) (sometimes planned unit residential development (PURD)) is a variant form of PUD where common areas are owned by the individual homeowners and not a home owners association or other entity. "
The KC is a PUD, not a PRED, so the originally agreeded upon open areas are owned in common, not by a single entity within the PUD.
"Houses in PUDs often include access to a large shared open space surrounding the house as well as a smaller private yard. These large protected open spaces are created by the layout of the buildings and are intended for use by all residents of the developments."
The "original layout" is sacrosanct and cannot be altered without the consent of all interested parties. The town cannot legislatively altert this contractual arrangement between owners within the PUD.
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