As you may read in the Register Guard recently, the Hawkins View Architectural Control Committee (A.C.C.) commenced a civil lawsuit in July of 2008 on behalf of you and your fellow neighbors to stop the city approved development, Hawkins View Reserve, from moving forward. While there was an attempt at a resolution a few months ago through state appointed mediation, an agreement between our company and the A.C.C. could not be reached and our subsequent attempts to continue the dialogue were not successful. Both sides are now in the midst of preparing for the upcoming state trial.
Unfortunately, during the discovery process there were no documents that showed Hawkins View residents were provided an opportunity to opt out of the litigation should they not wish to be involved in the result of the legal dispute. As the lawsuit has become a significant cost, we do not want there to be any financial repercussions to those who were unaware that they could be held liable.
Although we can’t control what the committee may do should they need to collect any needed funds, we do wish to give you an opportunity to provide us your intent to not be involved in the matter. A quick form is available below to add yourself to the “opt-out” list. We have provided this resource in response to a number of neighbors who wrote us regarding concerns of their personal liability once they read the article in the paper.
We do want to tell you that in order to avoid continuing this argument and in an effort to mitigate any potential financial hardship to you, during mediation we proposed to decrease the amount of homes in the future development by almost 25% (decreasing density levels close to the first 2 phases) & designed the property boundaries to include natural buffers on all adjoining sides of existing Hawkins View residences in an effort to reduce noise concerns. Also included in the revised plan was an overall 50% reduction in the quantity of homes abutting the homes to the south (above the property) and the west of the property (park facing), as well as an offer to work along with the neighbors directly above our property to create building envelopes that would lessen any potential impact to their views. You can see a sample of the revised map here.
For your reference, also included is a link to frequently asked questions regarding the lawsuit and all documents pertaining to this lawsuit. We have done our best to provide the fundamentals of the dispute as well as all respective documents in an effort to clear up any confusion or hearsay.
As we don’t believe furthering this dispute is in the best interest of any and all involved, including the residents of Hawkins View, we hope that there can be meaningful discussions in pursuit of reaching a reasonable middle ground. In that spirit, we remain open to working together to reach an amicable resolution should the opportunity present itself.
Best Regards,
DC Design & Consulting, Inc. D.B.A. DC Fine Homes & Interiors
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