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.
17 Night of Fish, Fun & Fright
6:30 pm - 9:00 pm
18 Jewels on the Bay Showhouse
10:00 am - 4:00 pm
Tiny trio tours safety facilities
Commissioner Lynn Larson’s three grandchildren, Zander, 9, Zora, 8, and Zoe Ramsey, 5, got a close-up look at what Longboat Key police and firefighters do to keep residents safe earlier this month, during a tour of the police and north fire stations.
Mar Vista dollars to benefit local teen
Mar Vista Dockside Restaurant & Pub’s walls and ceiling are covered with dollar bills, signed and decorated by patrons. Every few years the restaurant removes the bills for a good cause.
'We Are The Marines'
That is how Maj. Brian Dix introduced “The Commandant’s Own” U.S. Marine Drum & Bugle Corps July 4, at Avery Fisher Hall.