The Las Posas Hills Owners Association board has decided to “table” the question of having members vote on authorizing water wells until after Crestview’s well site review process is concluded because Crestview may select a site outside Las Posas Hills instead of reapplying for a Well #7 permit at 191 Alviso. The board also noted that if water wells were to be specifically authorized by amendment to the CC&Rs, there should be extensive new regulations governing such wells and that the time and money to develop appropriate regulations and amendments would be “considerable.”
Proponents of amending the CC&Rs believe it will enable Crestview to reapply for a County conditional use permit for Well #7 at 191 Alviso and not be denied again. At the board meeting some LPHOA owners demanding an immediate vote on the amendment are on record favoring the Crestview well site review process (which could result in selection of a site outside Las Posas Hills). Some of those owners were also signers of the petition to hold a special owners meeting to recall the entire board.
One of the arguments made to the County in Crestview’s prior unsuccessful application was that a new water well would violate this provision in the CC&Rs:
“No derrick or other structure designed for the use in boring for water, oil or natural gas shall be erected, maintained or permitted upon any Lot or Common Area”
The board, in its November 2 letter to members, quoted additional provisions that are also implicated by a water well:
“Each lot shall be used exclusively as a private single-family residence. No Owner of a lot in the Project shall use, cause to be used or permit his Lot to be used directly or indirectly for any commercial, industrial, manufacturing, mercantile, storing, vending or other non-residential purpose, except citrus and/or avocado farming or similar agricultural uses . . . .”
“All owners shall be members of the Association and shall comply with all terms and conditions set forth in the Articles of Incorporation, the By-Laws, this Declaration, and any rule and regulation which may be adopted by the Association.”
“No owner shall permit or suffer anything to be done or kept upon his Lot which will obstruct or interfere with the rights of other Owners or annoy them by unreasonable noises or otherwise, nor will he commit or permit any nuisance on the premises or suffer any immoral or illegal act to be committed thereon.”
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