Justifications for this motion:

1. Historical Background:

On August 17, 2019, the Board of Trustees unanimously passed a vote (8-0-0) to reverse a decision on tree complaint enforcement. I was present at that meeting, where the issue was discussed that the rule change would cause friction between neighbors rather than solving compliance issues. Despite a required process to propose covenant changes, including informing all members and a meeting, no proper actions were taken. The enforcement was shifted without following proper procedures. This move has pitted neighbors against each other and has removed the Compliance Officer from a role they should have retained.

2. Covenant Conflict:

Covenant 6.8d specifies that no one deciding on an appeal should be involved in any related matter, ensuring a lack of conflict of interest. However, the Tree, Beach, View, and Nuisance (TBVN) committee has complete control over this enforcement, creating a conflict of interest. The Compliance Officer, who typically answers complaints or concerns, is not involved, raising further issues about impartial enforcement.

3. Appeals Process:

Section 6.8a allows members to appeal any determination, fine, or order related to covenant violations within 21 days. Additionally, Section 6.8b permits appeals specifically concerning stop work orders, fines, or compliance actions. Despite these clear rights, members have had appeals denied with no proper explanation or without following the correct process. Meanwhile, some members have been allowed to adjust tree heights from 16 feet to 35 feet, which violates both the covenant and the principles of equality among members.

Conclusion: The enforcement of these rules is inconsistent and appears to unfairly benefit a select few members. Committees are intended to serve the entire community, not just a small group with their own agendas. The motion urges the Board to restore compliance enforcement to the Compliance Officer, ensuring fairness and adherence to the by-laws