This is in response to last week’s letter from Mr. and Mrs. Rogers regarding the DBPOA being a bargain. The Rogerses seem to believe the DBPOA is responsible for our “upscale” community, which doesn’t square with the facts.
First of all, the largest area in Discovery Bay (the so-called West Quadrant) does not have CC&Rs and has the best looking properties in DB. Some of the items mentioned by the Rogerses, such as the DBPOA being responsible for not having residences obstruct another’s view of the water, are nowhere written in the CC&Rs.
Other nuisances mentioned, such as noise and lights keeping neighbors awake, are unenforceable by the DBPOA. Your local county officials can deal with these problems immediately, as well as old cars and other unsightly junk exposed to view.
Regarding the liens on homes, look at the facts. The CC&Rs do not allow for fines and the DBPOA Board created fines because the CC&Rs were never meant to be enforced in this manner. A little research about the DBPOA will reveal a very questionable inception of flawed documents and shady unauthorized changes without membership approval.
This is one of the reasons there is frequent negative opinion about the DBPOA and its conduct. When the DBPOA does take action and goes to court, and if it wins, it places a lien on the owner’s property; however, the problem remains! How is this solving any problems and improving the looks of the community?
The CC&Rs allow the DBPOA to seek “injunctive relief,” which means to have the court order the person to correct the alleged violation. The DBPOA does not do this and only seeks to punish by demanding money. Even after a resident corrects a violation, the DBPOA still wants the fine money. This tactic has become a source of revenue more than a tool to improve the community.
With all the foreclosures in the area, why doesn’t the DBPOA take action against the bank-owned homes with deteriorated landscaping? Instead, they use membership money and sue people for frivolous violations such as the recent court case they lost, which will cost over $40,000, involving a resident who spent money improving his property – but a disagreement arose over a curb cut, which is not even in the DBPOA’s jurisdiction. This is a good example of how the DBPOA uses poor judgment with membership money and why I recommend a “No” vote on the proposed dues increase.
Mr. and Mrs. Rogers, we all want our property values to stay as high as possible; however, to actually believe the neighborhood would deteriorate without the DBPOA is shortsighted reasoning. Don’t worry; life without the DBPOA will not destroy our community. You will get better results using your already spent county tax dollars with your county officials if you want any possibility in solving the problems you quoted.
The DBPOA is not a bargain at any price – just defective merchandise.
Bruce McKay, Discovery Bay