Utah County reviews Cottages at Hobble Creek covenant disputes and easement claims
April 14, 2021 | Utah County Commission Meeting Minutes, Utah County Commission, Utah County Commission and Boards, Utah County, Utah
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Utah County residents are seeking clarity on property rights and easements following a recent government meeting where the Utah County Commission discussed the amended declaration of covenants, conditions, and restrictions (CC&Rs) for the Cottages at Hobble Creek. The meeting highlighted ongoing disputes between homeowners and the developer, T&M Development, regarding the validity of declarant rights and the management of common areas.
Homeowners expressed concerns that the developer is attempting to retain easements that they believe have expired. Andrea Perry, a resident, cited Utah Code 57-8a-502, which states that declarant rights terminate after a certain percentage of lots are sold. She argued that since the required number of lots has been sold, the developer should no longer have any claim to these rights.
The discussion revealed a complex legal landscape, with residents presenting documents to support their claims that the developer's rights were never properly reserved. They emphasized that the roads within their community are private and maintained by the homeowners, contradicting the developer's assertions of ongoing easement rights.
Commissioner Rob Moore acknowledged the county's challenge in navigating these disputes, noting that the county is not in a position to make legal determinations on the matter. He suggested that the best course of action might be for T&M Development to sign off on the revised CC&Rs or to include the original easement language in the new documents to mitigate liability for the county.
The meeting concluded with a call for a maintenance agreement that would relieve the county from future involvement in CC&R approvals, while still ensuring that essential community agreements remain intact. Residents expressed their desire for a resolution that would allow them to manage their community without further legal entanglements.
As discussions continue, the outcome of this meeting could significantly impact the governance of the Cottages at Hobble Creek, shaping the relationship between homeowners and developers in Utah County.
Homeowners expressed concerns that the developer is attempting to retain easements that they believe have expired. Andrea Perry, a resident, cited Utah Code 57-8a-502, which states that declarant rights terminate after a certain percentage of lots are sold. She argued that since the required number of lots has been sold, the developer should no longer have any claim to these rights.
The discussion revealed a complex legal landscape, with residents presenting documents to support their claims that the developer's rights were never properly reserved. They emphasized that the roads within their community are private and maintained by the homeowners, contradicting the developer's assertions of ongoing easement rights.
Commissioner Rob Moore acknowledged the county's challenge in navigating these disputes, noting that the county is not in a position to make legal determinations on the matter. He suggested that the best course of action might be for T&M Development to sign off on the revised CC&Rs or to include the original easement language in the new documents to mitigate liability for the county.
The meeting concluded with a call for a maintenance agreement that would relieve the county from future involvement in CC&R approvals, while still ensuring that essential community agreements remain intact. Residents expressed their desire for a resolution that would allow them to manage their community without further legal entanglements.
As discussions continue, the outcome of this meeting could significantly impact the governance of the Cottages at Hobble Creek, shaping the relationship between homeowners and developers in Utah County.
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