Legal Update: On April 6, 2022 Judge Freeman granted the plaintiffs motion for partial judgement re. Common Open Space (COS). The motion was granted and the order states Common Open Space, does not include:
1. Areas dedicated to the COL for roadways and utilities;
2. Areas that are also identified as utility easements;
3. Unplatted areas; and
4. Areas within the golf course, clubhouse, R.V. storage and maintenance areas.
The preliminary Homestead Planned Residential Development (PRD) agreement between the City of Lynden and Jim Wynstra stated that parks and open spaces would be 8 acres. “Between 1992 and 2010, Homestead expanded from 33 lots to over 600 units. As new plats were added to the Homestead PRD, they were subjected to the CC&Rs. Increased parcels resulted in correspondingly less Common Open Space (COS).” (Source: Lawyers memorandum to homeowners)
The CC&R explicitly states parcel owner dues are only for the maintenance of private streets, street lights and COS – common open spaces (refer to green on the below map).
The fee increase from $36/month in 2019 to $93/month in 2020 (times 600 parcels) exceeds $600,000 … to maintain the below mapped COS, street lights and private streets.
Green = Common Open Space
Yellow = Condominiums
Pink = Utility Easement Owned by 18 Paradise, LLP
Click here to see a larger view of the map.
COS – Photos
Click on image to enlarge view.