2016.08.25 PC Packet - Laserfiche WebLink

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2. My clients are not, and never have been, a member of the Association nor have they ever paid any dues or been asked to pay any dues; 3. Even if my clients' commercial property was subject to the Declaration, which it is not, the Property does not fall within the definition of "property" or "units" as defined in the Declaration; 4. There is no requirement in the Development Agreement requiring my clients to obtain prior Association or ARC review or approval of their project or any design or architectural elements thereof; and 5. There is no requirement in Resolution 2000-47 that requires our clients to obtain prior Association or ARC review or approval for their project or any design or architectural elements thereof. Based upon the foregoing, I hereby demand on behalf of my client, that the Association and ARC immediately: 1. Acknowledge in writing that neither the Association nor ARC have any legal or other right to require prior review or approval by the Association or ARC for any aspect of my clients' project including, but not limited to, any prior review and approval for any design or architectural element for the Sprouts Pediatric Dentistry Clinic to be located on the Property; 2. Advise the City of Hugo in writing that neither the Association nor ARC have any legal or other right to require prior review or approval by the Association or ARC for any aspect of my clients' project including, but not limited to, any prior review and approval for any design or architectural element for the Sprouts Pediatric Dentistry Clinic to be located on the Property; and 3. Take no further action to improperly interfere with, impair, or otherwise hinder my clients' efforts to obtain City approval for the project based upon the Association's and/or ARC's misunderstanding of its role and scope of authority. To the extent the Association or ARC disagree with the foregoing, I request that you immediately provide us with the following information and documents: 1. Identify and provide all documents that afford the Association and/or ARC with the right to review and approve any improvements on my clients' Property;