Windom Ponds Case Study

We have been retained by Windom Ponds Patio Homes Association (the “Patio Association”) and Windom Ponds Community Association (the “Master Association”) (collectively, the “Association”) regarding a radon mitigation pipe located on your property. We write today to demand that this pipe be relocated pursuant to a quote and plan approved by the Architectural Review Committee (the “A.R.C.”).

The Master Association’s Declaration (the “Master Declaration”) has created the A.R.C. for the purposes of ensuring that the exterior appearance of Windom Ponds is consistent and aesthetically appealing. Any plans to change the exterior appearance of any unit must first be submitted to and approved by the A.R.C. Master Declaration at §§ 9.3, 9.4. The Patio
also has the right to enter and inspect any property to determine whether there has been compliance with its determinations and the A.R.C. approval process. Master Declaration at § 9.9. The Association may take legal or administrative action to enforce compliance retroactively. Id.; Patio Declaration at Art. VIII § 3. This is true regardless of whether the violation occurred due to the actions of a current homeowner or a former homeowner. A current homeowner’s legal rights against a former homeowner do not affect the Association’s right to seek a remedy of a previous violation.

As you know, the radon mitigation system at your property was neither submitted to nor approved by the A.R.C. The A.R.C. has determined that the current radon mitigation pipe detracts from the uniformity and aesthetics of Windom Ponds, and that it must be replaced with an interior radon mitigation system. As an interior system will penetrate the roof of your building, the specific plans to replace your current radon mitigation system need to be pre-approved by the A.R.C. If this decision is not complied with, the Association has several legal options, to wit:

• It may assess your unit with a monthly fine until compliance is made. Minn. Stat. §