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I have several questions from Bill Gearhart who is having problems logging into the Tower Shores website:
(1) As these are covenants that run with the land, has the TSBA board run the changes by a competent Delaware attorney who practices in this area to get an opinion on whether on whether these changes are advisable or would withstand a challenge by a homeowner? As a practicable matter, can the membership can change the rights of an individual owner even if that owner objects to or opposes the change? Would the changes apply only to new owners who purchase their property with notice of the changes? In other words, through the covenants, can my neighbor through this process, and without my agreement, take away rights I currently have?
(2) With regard to the change in certain lots from a commercial to a residential classification, what exactly does this do? We are already covered by a County land use plan and zoning, both of which show all of Tower Shores, except for the restaurant area, to be residential in land use and zoning. Is anything gained through this change? Could the change have some unforeseen effects, such as our ability to rebuild at the same density in the event of a major fire or flood, as the density of much of Tower Shores may already inconsistent with current our zoning? Do we know whether it is? Under some zoning codes a property owner can lose existing non-conforming rights in the case of a major disaster. By changing our covenants, might we be putting certain TS property owners in the position of having deeds that are inconsistent with both the TS covenants and the County land use plan and zoning?
(3) Regarding parking limits and use, does County zoning already address these issues, in terms of minimum number of spaces and sale/rental of spaces?
(4) With regard to the summer construction moratorium, do we really want to change anything? As I recall discussion at the time the moratorium was adopted, the consensus at the time was to end major construction on Memorial Day, allow some continuation of ongoing construction delayed by unforeseen circumstances, but otherwise prohibit construction that did not meet the covenant. Depending on what would be allowed after Memorial Day, the change could result in not only more noise, but more trucks (with small children now around), exterior painting (which might impact nearby tenant/owner cars), etc.