Board Recommendation of Approval of Settlement With the Greenbergs – Updated

Note:  As of May 14, 2017, 100 members have voted, with 97 voting in favor, so we still need 23 votes for approval.

As of the Special Meeting of October 13, 2016, 81 of the 133 Lot Owners in Fox Fields had voted on the Amendment to approve a settlement with Martin and Patti Greenberg, as described below. Of the 81 who have voted so far, 78 Lot Owners (96.3%) have voted in favor.

We are now requesting the 52 Lot Owners who have not yet voted to submit their ballots as soon as possible so that we may satisfy the Fox Fields Restrictive Covenant requirement of 90% approval of the 133 Lot Owners’ (120 Lot Owners) to support an amendment.

As demonstrated by the voting to date, the clear sense of the community appears to be in favor of the Amendment, but we need all to vote to authorize the Board to proceed.

We will be sending ballots via later today to solicit your vote. Please check your spam if you do not see the ballots in your inbox. We are only sending ballots pertaining to this amendment to those who have not yet voted on it

The following is the explanation of the circumstances which led to the settlement recommendation:

The first item of business for the Special Meeting of October 13, 2016 is a vote to approve or disapprove a proposed settlement with Martin and Patti Greenberg pertaining to the location of their pool deck and pool fence.  The Board recommends approval.  Because the settlement will require a modification of the boundaries of the Open Space (though not its area), to take effect the settlement must be approved by 90% of the 133 Lot Owners in Fox Fields.

The background is as follows:

The original owner of the Greenberg’s lot (Lot H42) built a swimming pool so that a portion of the pool deck extends approximately 4.5 feet into the Fox Fields Open Space and the pool fence extends approximately 22 feet into the Open Space. The Greenbergs were unaware of this when they purchased the property.

The Restrictive Covenant for Fox Fields (“Declaration”) makes the Association the owner of the Open Space and requires that it be available for the enjoyment of all Members of Fox Field.  No lot owner is permitted to erect structures on the Open Space or to fence in and thus exclude other Members from any portion of the Open Space.  Further, in this particular case, the fact that the Greenbergs did not hold title to a portion of the land on which their pool deck and fence were located might have made their property, as a practical matter, unsaleable.

The proposed settlement solves the Greenberg’s title issue, restores the ability to sell their property, recognizes the integrity of the Open Space and maintains it at the size stipulated when Fox Fields was established and approved by Haverford and Radnor Townships. Moreover, it accomplishes this at no cost to the Association.  It provides for the following:

(1) the transfer by the Association to the Greenbergs of property from Open Space property necessary to accommodate the pool deck and a modified fence line; (2) the transfer by the Greenbergs to the Association of a portion of their property contiguous to the Open Space of equivalent area to be added to the Open Space, in general accordance with the diagram attached to this email; (3) an amendment of the Deeds to Lot #H42 and the Open Space to reflect the transfer; (4) the making and recording of an Amendment to the Declaration to reflect the revised Open Space boundaries; and (5) the Greenbergs to pay the cost of survey, property description, and deed preparation and recording necessary to accomplish this exchange.

The proposed revised (approximate) property line at the rear of the Greenberg’s lot is depicted on the the diagram below.

Accordingly, the Board recommends approval.  Because this settlement changes boundaries of the Open Space (although not the total area) as described in the Declaration, it will require an Amendment to the Declaration to be filed in the Delaware County registry of deeds.  Under the Declaration, an amendment requires approval of 90% of the Lot Owners in Fox Fields.

The Board also notes that this settlement will not be a precedent.  Currently, both Radnor and Haverford Townships require permits for the construction of swimming pools and the erection of any fence.  The applicable ordinances require certification that the pool or fence for which a permit is sought is located on the applicant’s property.  These ordinances were not in effect when the Greenberg’s pool was built.


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