News and Opinion from Sisters, Oregon
News and Opinion from Sisters, Oregon
A controversial garage addition, built 15 feet inside a setback line in the Crossroads subdivision west of Sisters, will stay after a decision handed down by Circuit Court Judge Stephen Tiktin on May 6.
The Crossroads Property Owners Association sued property owner Joseph Holder, his wife and the Holder Family Trust on the grounds that the garage addition on their property violates the subdivision's protective covenants codes and restrictions (CCRs) requiring a 25-foot setback from neighboring lots.
The association wanted the addition removed.
Tiktin's decision turned on an interpretation that invalidated Crossroads' CCRs. Tiktin ruled that unsigned ballots taken on amendments made from 1981 to 1989 did not qualify as the "signed instrument" of members in the Crossroads Property Owners Association. A "signed instrument" of 75 percent of each class of membership is required to make amendments.
Since the suit was based on those amended conditions, and since they were ruled invalid, Tiktin dismissed the suit. The garage can stay and Crossroads is required to pay the Holder's court costs (excluding attorney's fees).
The fact that the addition was built inside the setback was never disputed by the Holders. They did argue in court that the addition was not offensive and did not hurt property values.
The association wanted the garage removed because the board of directors feared the violation would erode the strength of Crossroads' codes and the rural character of the subdivision.
"If it's not removed, all of a sudden you we've got a crack in the dike and anyone who wants to come in and build within 10 feet of the (lot) line can do so," association chairman Judson "Bud" Cunningham told The Nugget during the trial.
But Joseph Holder testified that there already numerous other structures, especially pump houses, that he believes are built inside the 25-foot setback in Crossroads.
"It appears to me that the association is lax in enforcing the CCRs for certain things," Holder said. "It appears that there isn't a rhyme or reason to what's enforced and what's not."
The controversy has been simmering in Crossroads for almost four years. The garage addition, which the Holders said is a shop, was built by their son Chris in 1995. Joseph Holder and his wife live in Black Butte Ranch and the house is currently rented.
The decision could be a crippling blow to the Crossroads Property Owners Association, wiping out the codes the subdivision has operated under for 18 years, according to Cunningham.
"It practically destroys our community out here," Cunningham told The Nugget. "We couldn't function under 1972 CCRs."
According to Cunningham, the invalidation of the amendments has a wide variety of legal ramifications. He said the association has no choice but to appeal the decision.
"I don't know where it would stop if we don't get this turned around," he said. "We've got one foot in the grave, but they'll have to plant the other one."
Jim Cornelius is editor in chief of The Nugget and author of “Warriors of the Wildlands: True Tales of the Frontier Partisans.” A history buff, he explores frontier history across three centuries and several continents on his podcast, The Frontier Partisans. For more information visit www.frontierpartisans.com.
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