Privacy Fencing Along Water Tower Road

Jointly produced and edited by the following Members of the ARC: Dave Jenkins, George Griffiths, Al Heerey, Bill Hancock, and Charles Schmidt, with the able assistance of Kelly White and Kathi Young of Ponderosa Management, and with the learned guidance of Joe Gosiewski, BRRA Board Liaison to the ARC.

This paper will describe the Sweetbriar application, which was considered by the ARC to be well-intended and bona fide despite being found to be deficient, incomplete, and un-approvable. It will address the applicable provisions of the Barefoot Resort Master Deed and the Declaration of Covenants, Conditions, and Restrictions (CCR’s). And it will touch upon the many complications involved in potential “solutions” to the perceived problem of the existing wood privacy fence behind Barefoot homes bordering Water Tower Road on the West side of Barefoot. Finally it will reluctantly conclude that practical, legal, and technical hurdles make virtually any solution “nearly impossible”.

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MEMORANDUM from the BRRA Board of Directors

The Board of Directors of the Barefoot Resort Residential Association (“BRRA") would like to provide the owners with our position with regard to maintenance, repair and replacement of the fence on Watertower Road located on the real property owned by individual members of the BRRA. In reaching our position we have relied on the Declaration of Covenants, Conditions, and Restrictions for Barefoot Resort Residential Properties (“CCR") as well as the Supplemental Declarations of Somerset at Barefoot Resort (“Somerset"), Sweetbriar at Barefoot ("Sweetbriar") and Long Bridge at Barefoot Resort (“Long Bridge”) (“Supplemental CCR”), as those are the neighborhoods in which the lots are situated on which the Watertower Road fence is located. While the CCR and the Supplemental CCR for each of these Neighborhoods apply to these lots, the CCR is the controlling document and has supremacy over any Supplemental CCR.

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