JUNE 2016 Auberge’ HOA Problems

Problem 1:

Two houses being constructed on lots 2&3 of block 2 in The Auberge’ Village Subdivision are being offered as “corporate leases” and are not being offered for sale. As we understand the definition of corporate lease temporary residents would occupy the houses for unknown periods of time which could range from a few days to a few months. In our opinion this use would violate several provisions of our restrictive covenants. Specifically:

ARTICLE I DEFINITIONS

12. “Patio Home or Home"shall mean and refer to any portion of a building situated upon the Properties designed and intended for use and occupancy as a residence by a single family.

ARTICLE III USE RESTRICTIONS AND PROPERTY RIGHTS

Section 3.1

(a.) TheLots, Polio Homes and Common Areas shall be occupied and used as follows:

Each Home shall be situated on a single Lot and shall be used as a private dwelling, and for no other
purpose (less and except Lot 4, Block 3 of the Auberge', which may also be used for a community
center and swimming pool site), except temporary uses as shall be permitted by Declarant while the
Properties are being developed as Patio Homes are being sold by Declarant; provided, however, that
Declarant reserves the right, for itself for a period of five (5) years from recordation hereof or until all homes are sold, whichever shall first occur, to carry on normal sales activity on the Properties, including the operation of models and a sales office, which may be located within a Home or within the clubhouse, as Declarant may elect from time to time, and Declarant shall have, during the above period, the non-exclusive right to use the Common Areas for such purposes,

(o). With the exception of a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, no owner shall be permitted to lease a Patio Home for transient or hotel purposes, No owner may lease less than the entire Home. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration of Covenants, Conditions and Restrictions and the Bylaws and that any failure by the lessee to comply with the terms of such
documents shall be a default under the lease.

Our question is are we correct? If we are what actions should we take?

Supplemental information:

The owner of the lots is

Thomas E McKenna

12302 S 14th St.

Jenks, OK 74037

E-Mail:

Problem 2.:

The House located at 14598 S Vandalia Ave, Bixby (lot 47, Block 2 in the Auberge’ subdivision) has been sold to “Houses of Hope”. We do not have many facts about them. Here is what we know. It is an Oklahoma domestic Not For Profit Corporation which filed on March 19,2014. It’s file number is 2112445306. The Registered Agent is Benjamin Zigrang. His address is 11277 S 73rd E Ct. Bixby, OK 74008. They do not have a web site. What Mr. Zigrang told us is that the house will have two permanent residents who will assist other people on a tempeory basis. He was not very specific. It sounds like a halfway house for who knows what. Obviously we are concerned about the possibilities.

The possible Covenants violations are the same as were quoted for problem 1plus vehicles cannot be parked overnight in driveways or on the streets. The parking restrictions are contained in Article3.1 j. The house has a two car garage. Guest vehicles would be required to be parked offsite after 5 days.The pertinent Covenant item is as follows.

3.1(j). No Owner, guest, tenant, invitee or person shall park, store or keep any vehicle except wholly within the parking area designated therefore. No Owner shall park, store or keep any vehicle within any area designated for guest parking. No person, Owner, tenant, guest, or invitee shall park any vehicle, such successor obstruct, or otherwise prevent the use of any Reserve Area, including n without limitation, Reserve "A”, No Owner shall park, store or keep any large commercial type vehicle (dump truck, cement mixer truck or gas truck, etc), or any recreational vehicle (camper unit, motor home, trailer, boat trailer, mobile home or other similar vehicle), boats over twenty (20) feet in length on any driveway for
a period of more than five (5) days during any thirty (30) day period. or any vehicle other than a private passenger vehicle upon any uncovered parking space. The aboveexcludes pick-up and camper trucks up to and including three-quarter (3/4) ton when used for everyday transportation. No Owner of a Lot shall conduct major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of any Lot or upon the Common Areas, including the garage spaces, except for emergency repairs thereto and then only tothe extent necessary to enable movement thereof to a proper repair facility. Notwithstanding anything herein expressed or implied to the contrary: no Owner shall be permitted to park, store or keep any vehicle in their driveway; each Owner must park all vehicles in their garage; and any vehicle of a guest or invitee (whether or not titled in Owner) may not be parked on any driveway for a period of more than five (5) days during any thirty (30) day period.

.

What can we do to keep these well meaning people from destroying our community?