By Cathy Baum
August 30, 2022 –
Last Thursday at the Town of Payson City Hall held a meeting and a large representation of residents from The Alpine Heights Homeowner’s Association attended. Our concerns were several: the location and access to the second water tower in Alpine Heights and the archeological study costing $189,003.00 as well as the legal ramifications concerning Lot 147 at the end of a dead-end (cul de sac) called Hillcrest Drive.
No one in the Alpine Heights is opposed to the second water tower. We are upset with the method by which the city purchased the land and then split the lot.
The other issue is the legal matters concerning Lot 147. Because the lot is in the Homeowner’s Association and because the purchaser of any lot in the HOA must sign an agreement to follow the Bylaws and conditions recorded with the land title, the Town cannot claim ignorance of the law. According to the HOA By laws:
1) Any lot split must be approved by a majority of the HOA members and a signed approval recorded with the County of Gila;
2) The lot nor any portion it can be removed from the HOA without a majority of HOA members agreeing and the approval recorded in the County Assessor records;
3) According to the By Laws, no access through the lot is permissible to access another lot.
The Town cannot produce any agreements signed by the HOA. They have not explained why they before the resolution of these legal matters, have agreed to an archeological study costing $189,003.00.
Before anything else is done, mistakes of the past need to be rectified. The control of lot 147 needs to be returned to the HOA and all By Laws and restrictions respected. The Town Council has stated that they will sit down with the President and board of the Alpine Heights Homeowner’s Association to deal with these matters. We are waiting.
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