History

The owner’s certificate for the Timberline Valley South Subdivision #1 was issued and filed 11/22/96 with the Recorder of Deeds. Certificates for Subdivision #2 and Subdivision #3 were issued and filed 12/14/98 and 10/20/00 respectively.  These certificates define the protective covenants and dedicate the commons area to serve as retention basins for the storm waters of the entire subdivision. By definition in these certificates, these protective covenants run with the land and the commons area are to be owned and maintained by a homeowner’s association (HOA).

For unknown reasons, the HOA for the subdivision was never handed over to the homeowners by John Kenny Homes, INC, the builder. The covenants and restrictions in the owner’s certificate still govern what can take place on the lots. These certificates provide our HOA with standing to take appropriate action to enforce the covenants and restrictions on behalf of all homeowners.

In the event an owner attempts to use lots in the subdivision in a manner that violates the covenants and restrictions, homeowners are in the best position to take action as an HOA. This became an issue when the commons area was purchased in 2017 and the new owner spoke openly about using the retention ponds in ways that violate the protective covenants. 

For this reason, preparation work for the legalization and registering of the HOA was initiated in August 2017. Organizing committee research identified another very compelling reason to form the HOA. A reserve fund is needed to allow for proper maintenance of the retention basins. This will allow all homeowners to avoid a significant unplanned repair cost as a result of unmaintained ponds.

On 11/6/2017 the Timberline Valley South Residents voted 99-11in favor to incorporate the HOA and approve the bylaws.