THE LAWN'S COMMUNITY PROPERTY TAKEOVER
A Factual Account History & Perspective / Opinion & Viewpoint
The Liquor License at The Restaurant
In April of 2021 some of our residents conducted some research and discovered that the common area lawn behind the restaurant was not part of its liquor license agreement. They also found that the patios' liquor license had been out of compliance. They called in the AZ State Liquor Board to investigate and in July, the liquor board inspector confirmed this information. The restaurant had been selling and serving liquor in these areas that were not regulated for 15 years. They requested the license to the patios be renewed immediately and a hefty fine would have been enforced. The lawn behind the restaurant, was off limits. Then in August of that year, a business plan had been developed by the association for the lawn, in an effort to grant its use exclusively to the restaurant. This prospect has not been revealed to the community as of yet and its not known if it will be implemented at this time or in the future, even though it is part of the Long Range Planning Committee's 'Master Town Plan'. It would require a resident vote as per Master Declaration 6.7 which states:
"Master Declaration, Section 6.7: Change in Use of Common Area. There shall be no substantial change in use of any portion of Common Area unless approved by at least sixty percent (60%) of Members voting on the matter. For purposes of this Section, a “substantial change in use” is one that changes the character and nature of the way in which the Common Area is used, including, but not limited to, changing natural open space to business use."
The Lawn behind the Restaurant is Our Free Community Property.
Even if you aren't using the Lawn now, do you want to lose your privilege to use it at your own free will, at some point in the future?
The old open common area space at the Kiva Patio was also considered free use community property. But after the Activity Center renovations are completed, it could be possible that a reservation would be required of the newly enclosed outdoor furnished spaces for certain scheduled events, as some of our other designated patio areas require.
Key Points to Consider
Right now, the Lawn is the only place you can gather without a reservation or permission. No one manages you on the Lawn, no one charges you fees. There are no monitors, no time frames, no limited numbers of club members needed to gather. Everyone is always welcome on the Lawn and it's free.
Picnics and gatherings on the Lawn also allow people who are watching their budgets or who are on special diets to bring their own food. With health issues at a growing concern, the fresh air and open space offers plenty of room to distance from others. Passing time in nature is a wonderful way to relieve stress and have fun. Grandkids, families, friends, pets, all socializing or playing on the Lawn with its amazing view is part of what makes our community unique.
The Restaurant & Business Use Property
The restaurant has, in the past utilized the Community Lawn Property for planned events. They request a liquor license for these special affairs on an "as needed" basis. The restaurant holds them in an effort to gain needed revenue.
Our funds have subsidized the Views restaurant for awhile, at least since 2018. In an effort to increase its revenue, it had been discussed by our management and leadership to convert the Lawn's community property to a business use for the restaurant. But, as many residents who come from the Food & Restaurant industries know that more reasonable solutions abound, especially ones that don't infringe on residents rights to use community property at their own free will.
Currently people on the Lawn often buy food to go and wine consumed on the Lawn is often bought from the "Wine Buy Program". People are also happy to pay for music when visiting the Lawn. These commodities are not an issue and work successfully.
If you are ever asked to vote on changing any community property to business use via our Master Declaration 6.7, we urge you to think wisely before you agree to it. We hope the rules are followed correctly to grant residents this vote in the first place and that in turn, residents will realize what the repercussions will ultimately be. In addition, if you are NOT asked to vote on this change and it is accomplished without a specific "resident vote on the matter", that negligent action by our board would be a direct violation to our governing documents, subject to a homeowners dispute complaint filed with the AZ Office of Administrative Hearings.
Do you really want to lose our Lawn, this great place to meet under shade trees with fresh air and wonderful views? Is it fair to take away this privilege and amenity you are ultimately paying for through your ever-rising dues? Be aware and think seriously about this important issue. Once done, it's done and there would be no going back.
WE ARE A COMMUNITY FIRST & FOREMOST - NOT A CORPORATION.
LET'S ACT AS A COMMUNITY AND, KEEP OUR COMMUNITY LAWN FREE !