Deed Restriction Dispute Form

Moon Valley I, II, III

We are sorry you are having issues with one of your neighbor's property. Please fill out the form below so we can help you work out the kinks.

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Deed Restriction Dispute Response - (HIDDEN)

Moon Valley I,II,III Architectural Control Committee

Deed Restriction Dispute No: MV1-20220215

Date: July 3, 2022

Plaintiff:	Geri Hughes	Owner :	Derek and Molly Miller
Address :	110 W Canterbury Ln.	Address :	102 W Canterbury Ln.
Subdivision, Lot # :	Moon Valley I, Lot 322	Subdivision, Lot # :	Moon Valley I, Lot 323
Issue :	Pool remodel dose not provide adequate drainage from raised pool deck away from adjoining property and approximately 40' of rear fence between pool and driving range is a solid privacy wall and not the 2'-6" as described in the CC&Rs.
Resolution :	No Action Taken

Review Notes

In January of 2022, the homeowner at110 W Canterbury Ln., Geri Hughes, submitted a complaint on the property East of her at 102 W Canterbury Ln., to Drew Hutchinson, the President of the Moon Valley Neighborhood Association (MVNA). Ms. Hughes said the new owners had installed a solid back yard fence and was concerned about possible drainage issues created by raising the new pool deck 6-8 inches above her yard. Mr. Hutchinson contacted Jim Larson of the MVACC to ask for guidance on the issue. Mr. Larson contacted Ms. Hughes who explained she was concerned about the drainage from the raised pool deck next to her property and felt the solid wall along the back of the property was against the CC&Rs. Later that day, Mr. Larson drove to the property to review the issue but there was no answer at the door, so no access was granted, or review made.

Back in December of 2021, the new owners of 102 W Canterbury Ln., Derek and Molly Miller, filled out a form on the MVNA website requesting information concerning community regulations pertaining to the remodel of their home. Unknown to them or the MVNA, the form was broken and not forwarding the information to the board. The Millers downloaded a copy of their Moon Valley 1 Deed Restrictions (CC&Rs) from the MVNA website and reviewed them for any restrictions concerning their remodel. Since the MVNA board did not receive the online request, they did not request assistance from the Architectural Control Committee. The CC&Rs state that if there is no response for 30 days after submitting a request, the requestee is free to move on with the construction. Since no response was received from either the MVNA or the MVACC, the remodel was commenced and completed.

In February of 2022, Ms. Hughes tried to contact the MVACC for an update. Unfortunately, during this time, the committee had just lost its lead committee person who had all the MVACC records. Mr. Larson is the remaining committee person and was also involved with personal challenges and was unable to respond to Ms. Hughes.

On June 6th, Mr. Larson received an email from Mr. Hutchinson asking if he had been able to meet with Ms. Hughes about her issue with the Millers. Mr. Larson had not met with either party but agreed to meet with Mr. Hutchinson to discuss how the MVACC could work with them and with the MVNA on future requests.

On June 26th, Mr. Larson and Mr. Hutchinson met at the Moon Valley Country Club. During the meeting, Derek and Molly Miller introduced themselves and they discussed the issue they were having with Ms. Hughes and requested Mr. Larson come over to the property to review the construction, which he did.

During the inspection, Mr. Larson observed the Millers had engineered the drainage of the pool deck to divert the water into the Driving Range access road behind their property and not into the next-door neighbor's yard. The pool is very close to the back fence, so they installed a privacy wall for modesty and protection from driving range golf balls. The remaining fence is constructed of vertical metal pipe matching the color and design of the privacy wall.

As this inspection was done after final construction, the MVARC is not able to influence the items listed by Ms. Hughes. There is no issue found with setbacks or lot coverage and due diligence was taken to mitigate any runoff entering Ms. Hughes's property. The modesty wall is only 5' tall and made from high quality material. It conforms with the remaining wall along the back of the property.

This property and all the properties on the North side of W. Canterbury Ln. back up to the Moon Valley Country Club's driving range. There is a HIGH risk of having the house, or anyone in the back yard, hit with a golf ball from the driving range. Multiple homes on the street have erected 6' block walls to help protect their property from damage. While the CC&Rs require the back wall adjoining the golf course no higher than 2'-6", it does not specify the height of the wall adjoining the driving range.

It is the opinion of the MVACC that the remodel of this property adequately conforms to the subdivision's CC&Rs.

Note: A golf ball landed in the yard during the inspection and narrowly missed hitting Ms. Miller.