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Utility Easement vs. HOA registerd Covenants

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Old Oct 25th, 2008, 05:27 PM     #1
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Default Utility Easement vs. HOA registerd Covenants

Do utility Easements trump an HOA's Covenants even if the HOA has been legally recorded with the County? Problem: A vacant lot in our subdivision that has been recorded as part of a particular Filing of our subdivision in the County is in the process of having an 80 foot tall and 4+ feet diameter high voltage electric transmission structure erected on it to bring an underground set of lines up in the air to connect to previous in the air line and wooden poles. No one in the subdivision was notified and no hearing was scheduled to protest. Now homeowners property values are decreased, "view planes" are spoiled and health concerns are raised with low frequency EMF, which is a Group 2B possible carcinogen per IARC. All of this is being done without following the Covenants of our HOA which require the developer who owns the vacant lot to go through the Design Review process as spelled out in our Covenants. The previous elctric transmission pole was only about 35 feet tall and only 18 inches in diameter, so quite a drastic chnage with this new 80 foot tall structure. Shouldn't property owners have a right to have their voices heard at a properly scheduled hearing and shoudn't they also have the right to be notified of such a drastic change to their homes' surroundings? What are your suggestions to fight this 80 foot tall structure in order to get it removed and relocated elsewhere?
Thanks,
Ed Porter
Lakewood, CO
Jefferson County
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