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Homeowners urge commission to delay approval of amended CC&Rs amid disputed easement claims
Summary
Residents of The Cottages urged the Utah County Commission to delay consent to amended CC&Rs and related amendments to a maintenance and open-space agreement, saying prior declarant rights ended and easement claims should be resolved before the county consents; the commission agreed to continue the items for two weeks.
Homeowners from The Cottages development asked the Utah County Commission on May 5 to delay action on amended CC&Rs that they say would restore developer control and revive retained-easement claims.
Dionne Baron, who identified herself as a homeowner in The Cottages, told the commission the original developer sold more than 75% of lots by 2006 and executed a quitclaim deed that conveyed roads and open space to the homeowners' association. Baron said the association has spent four years trying to update CC&Rs to reflect that change and objected to a provision (identified in the draft as new 4.9) that would again recognize retained easements claimed by the developer.
Rob Morich of the county attorney's office briefed the commission on the background: a 1999 maintenance and open-space agreement required county consent to CC&Rs; a 2006 amendment to the county's land-use ordinance removed the requirement for county approval, but the older contract still contains language tying county consent to the CC&Rs. Morich told the commission the county is not the proper forum to decide whether retained easements exist; a quiet-title action in district court or an agreement among the parties is needed to resolve that legal question.
Morich proposed a compromise: approve item 18 (the first amendment to the maintenance and open-space agreement, which would remove the county's ongoing obligation to approve CC&Rs) but strike item 19 (the county's consent to the amended and restated CC&Rs) until all three parties sign or a court determines easement rights. Homeowners opposed allowing the developer back into control through the new easement language and requested at least one week to present documents and legal analysis.
After extended public testimony and exchange with the county attorney, Commissioner Tom Sakovich moved and Commissioner Bill Lee seconded to continue items 18 and 19 for two weeks to permit homeowners to provide additional documentation and for the incoming third commissioner to review the materials. The motion passed 2-0.
What happens next: Items 18 and 19 will return to the commission after the two-week continuance. The county attorney recommended that approving item 18 while striking item 19 is an available interim option if parties cannot secure a three-party signature, but commissioners chose to allow homeowners time to present evidence before acting.
