Follow Up from the GRI Board

The owners and developers of the Greenbrier subdivision, doing business as the Greenbrier Co, envisioned the first subdivision in Fayette County to be built around a golf course. As recorded in various volumes in the Fayette County Clerk’s office, construction was approved in September of 1970, and evolved in sections over the next decade.  Concurrent with construction, the owners of the Greenbrier Co. established Deed Restrictions,   also referred to as “covenants” or “Protective Restrictions”,  to govern the character of their subdivision by specific design features and criteria.
Though the intent of these DRs is clear, their enforcement is not. Why? Because Greenbrier has a Neighborhood Association (NA) with voluntary dues, unlike the more recent subdivisions governed by Home Owners Associations (HOAs) with mandatory fees.  Enforcement of those DRs under HOAs is simple: homeowners know there will be stiff penalties for non-compliance, either by fines, liens or both.

The situation in Greenbrier is quite different. Enforcement of our DRs is up to the discretion of each Board, which must weigh the expense of a lawsuit against repercussions of ill will towards that Board. Should a majority of homeowners stop paying dues in protest, the Board could not continue its many projects and events on behalf of the entire neighborhood.
Your current Board has for some time tried to steer a moderate course, contacting specific property owners who are in violation of any DR, usually of Greenbrier’s DR #6: No structure shall be erected, altered, placed or permitted to remain on any portion of the property except a single family dwelling.  In the past, we have spoken and written to those in non-compliance, seeking a win-win outcome for all. Now, your current Board is pursuing approval from owners of large lot properties to expand the ND-1 Overlay to cover the entire neighborhood.  This Petition, seeking LFUCG enforcement of compliance with our DR#6, as well as the prohibition of chain link fencing and above ground pools, has triggered determined opposition from  homeowners who balk at the idea of “surrendering control of our property rights to more government oversight” (excerpt from  March 23, 2018 letter to all large property owners from  Mr. Jeremy S. Holbrook, 2707 Martinique Lane).
As put forth in Mr. Holbrook’s letter, opponents would establish a “design board” as their  answer to the vexing problem of non-compliance.  Aside from being “well written and thoughtful” , how this design board proposal would be enforced, what design standards would be included, who would make decisions as to appropriate compliance , and what would happen if a majority of owners of these lots refused to agree to this change, has not been specified.
Whether the GRI Board’s petition goes forward or not, the issue of enforcing our DRs remains. Your current Board works hard not only to create an inclusive community (published Directories to all residents), but one that is safe (security cameras at both entries); attractive (front entry planting) and fun (events such as our upcoming Ladies Tea and Garage Sale, etc.).  We see the Petition and enforcement of our DRs as a progressive step, but property owners in Area 1 must decide that for themselves.  The future of the Developers’ vision of Greenbrier’s single family dwellings on spacious lots depends on it.