Much discussion about the CC&R’s

Much discussion about the CC&R’s

From Mike Dugan,

There has been much discussion about the CC&R’s that are in the process of being approved by the City of Penasco. In attempt to explain the events that led up to this point we would like to submit a little history behind it.

As we all know at some point in time the Company decided that it was going ahead with the development of the property known as “Sandy Beach” The community of Cholla Bay is part of this area. During the last 15 years or so the HOA has made various attempts to implement CC&R’s in the past. Starting in the early 90’s CC&R’s were requested by many homeowners to resolve issues as we grew. Past boards have submitted, reviewed, commented, and then in some cases submitted them to the city, only to find that they were not in the right form or did not comply with the Company’s or City’s requirements, thus back to the drawing boards.

Finally, through legal counsel, a firm was introduced to the HOA that had the professional expertise to comply with all of the requirements of the government. This firm then produced the “Programa Parcial de Majoramiento Urbano “Poblado La Cholla”. This program was then reviewed by “the Company” and then by the City officials of Penasco. After approvals by all of these groups, the program was submitted to the City Council of Penasco, which reportedly has been approved. I would like to point out that the members of the city council that reviewed it made a point to comment to your president that is was one of the most professional plans that they had reviewed from a HOA.

What is important to note is that the Program documents follow the “Programa de Desarrollo Urbano de Puerto Penasco, the actual Urban Development Zoning Program for the whole of Puerto Penasco. The ‘growing zone” of La Cholla is under the UTP-7 (Units of Territorial Planning). Additionally, the CC&R’s comply with, among other legal documents , the Programa Nacional de Desarrollo Urbano y Ordenamiento, Plan de Desarrollo Municipal de Puerto Penasco, Sonora, Programa de Desarrollo Urbano de Puerto Penasco, El Municipio Mexicano, Reformas y Adiciones al Articulo 115 constitutional, and the Ley de Desarrollo Urbano para el Estado de Sonora, to name a few.

The CC&R’s were not something that were just thrown together and submitted. This process has been part of the HOA’s agenda for many many years. The public was well apprised and welcomed to come to the early meetings and to provide input. While some did, many did not. Committees were formed over the years in an attempt to construct CC&R’s. Again, the only ones that stepped forward were the board members at that time. Alan Peterson, the late Bob Belk, Bucky Maud, Steve Lee, Michael Eagan, and others gave valuable input to the “boards” throughout the 15 years who worked tirelessly to develop something that would meet most of the concerns of the homeowners. The board had to finally move forward without continuing to reinvent the wheel based upon another comment or particular situation.

To clear up any question of notice, the City required the HOA to post notice that the CCRs were available 30 days before its meeting for review. That notice was posted in the notice box on the side of the clubhouse. One person contacted me and I said no problem, just stop by and I will let you review. That person never came in. One other person stopped by, but that person was not in a member in good standing at that time.

The HOA will always consider valid and logical concerns and needed changes will be given full deference and consideration but the homeowners need to understand that your board needs a solid starting point to resolve many of the issues that they are confronted with in your community. Can amendments and additions be made in the future?? Of course!!! We are all aware that as change happens so does our commitment to the community.

I would hope that the members embrace the CC&R’s as a starting point to show the community and the City of Penasco that we are part of the overall growth of Penasco and that we want to contribute it’s success.