AVON – Questioning the role of homeowners associations in shaping development approvals, Avon City Council turned down Wildridge resident Tom Ruemmler’s solar roof project on Tuesday, October 23.
The project had not received approval from the Ruemmler Homeowners Association, but the town’s Planning and Zoning Commission nevertheless reviewed it in the summer of 2018.
The three-part project – a storage area, a terrace and a solar roof – received partial approval with the commission accepting the storage area and the terrace while rejecting the solar roof. Ruemmler appealed the decision to city council, seeking approval for all three phases.
The Ruemmler Homeowners Association responded by placing a temporary restraining order on the project, which was issued on October 22.
âWe will continue to work through the legal process to stop not only the roof, but the whole addition,â said Homeowners Association president Hugh Joyce. “Our legal case addresses all three, and we ask the judge to make a permanent restraining order so that none can be built.”
Council member Matt Gennett said he didn’t think decisions like this should be settled in court.
âThis could be avoided very easily upstream by requiring an HOA approval letter if you are in an active HOA,â Gennett said.
‘BIG LOSS OF TIME’
City attorney Eric Heil said compliance with homeowners associations was not part of the city’s review criteria, and although some planned unit development agreements in Avon indicate the city will not accept an application without HOA approval, Wildridge is not one of them.
âTheoretically, they could come and change their PUD and add that,â Gennett said.
âYes, there is a process you can change the PUD,â Heil said.
Without the association’s approval, the project will not be built anyway, Gennett said, because it will receive a court injunction that prohibits further action.
âIt’s a big waste of time,â said Mayor Jennie Fancher.
Ruemmler was not present at the hearing, which was the board’s second attempt to consider his appeal after filing a screening on October 9.
Following the hearing, Ruemmler said his homeowners association – the Beaver Creek Point Association – is a good example of why Avon should not make association requirements a necessary component of the review. of the community development department.
“The constitutive documents of the Beaver Creek Point Association Inc. 2001 do not contain nine elements required by state law,” Ruemmler wrote in an email. âTo show you how poor the documents are, a quorum is 20 percent of the five members. This is equivalent to one member.