Homestead parcel owners delivered a petition (signed by 235 PRD owners) to the City of Lynden (COL) on August 19, 2021.
The COL responded to all 11 points and can be read in full below. (Read petitioner’s reaction to COL’s reply below or click HERE.)
The following is an excerpt from the COL’s reply and are suggested “remedies” for consideration.
For further discussion Mayor Korthuis invites phone calls at (360) 354-1170 or emails to korthuiss@lyndenwa.org.
Remedies
For the reasons set forth above, in response to the first four (4) of seven (7) petition requests
(those made to the City), the City respectfully declines to take the requested actions. It can be
useful to research past actions, and we have done so here. However, in this case, the City firmly asserts that looking forward, rather than backward, is the most productive approach. That the Homestead PRD CCRs would not be consistent with state law today, or that the City would not approve them today, makes little difference. We must look for the best solution under the current conditions.
The City of Lynden fully supports the Homestead homeowners in their desire to have representation through an incorporated homeowner’s association.
The City is also fully supportive of the future success of the Homestead Farms Golf Course. Its
attractive appearance and top-notch reputation benefit every homeowner within the Homestead
PRD as well as the City of Lynden. To see the golf course fall into disarray or financially fail would
be detrimental to us all.
The City recommends consideration of the following steps to achieve a remedy to the current situation:
• Formation of the unincorporated, advisory Owners Association according to the structure
outlined in Article IV of the Homestead CCRs.
• Incorporation of the Owners Association to establish the group as a non-profit corporation
(or equivalent entity).
• Execution of an agreement with the Declarant which will convey the ownership of the common open space to the incorporated HOA.
The City recommends that this agreement, at a minimum will:
o Provide an estimate of maintenance costs associated with the residential component of the Homestead PRD including common open space, private streets and walkways, street trees, and stormwater facilities.
o Provide for a short transitional time during which agents for the Declarant has an opportunity to evaluate and discuss with the Owners Association short and long-term maintenance needs before establishing a corresponding assessment.
o Recognize the benefit that a well-maintained, functioning golf course has for all Homestead homeowners. Benefits include increased property values, aesthetics, and recreational opportunities such as golfing and walking paths.
o Incorporate a tiered assessment of properties depending on their type and location whereby condo owners would be assessed differently than detached single-family homes and homes with golf course frontage would be assessed differently than homes without golf course frontage.
o Revoke CCR amendments 6 and 7 and assume that, if assessments are due, they are equal only to the previous assessment until such time a new assessment can be established based on documented costs associated with the residential portion of the Homestead PRD and any recognizable benefit of support for the Homestead arms Golf Course.
o Address the standard by which common open spaces and neighborhood entrances must be cared for so as to maintain the high standards associated with the Homestead neighborhood.
o Outline the roles of an incorporated HOA and the Declarant in regards to the
appearance of residential neighborhoods, the operation of the golf course, the maintenance of stormwater facilities, and the use and maintenance of common open spaces and pathways.
o Establish new property assessments based on establishment of roles and
responsibilities identified above.
City administration, City legal counsel, and staff are available as resources for the execution of these next steps or to facilitate an agreement between the Declarant and the Owners Association.
I strongly encourage each homeowner to consider that the most productive and cost-effective path forward may be one of facilitated mediation rather than continued legal wrangling.
READ FULL COL PETITION RESPONSE (7 pages):
