ON TO THE NINETIES - FCHOA FOLLOWS THE TREND


Some have called the Nineties the "Age of Litigation", and FCHOA has been no exception to this term. As the coffers filled through increased membership, the Board was able to take a number of homeowners to task for their non-compliance with the CR&R's. There had been a few suits during the Seventies and Eighties, but the incidence of ignoring deed restrictions grew as the new decade began.


The first of these which actually went to court involved a former board member who needed to sell his home, and erected a large and unattractive sign in his front yard. Since the member had not only been actively involved in the periodic inspections of Flecha properties but was a practicing attorney, his defense of not being aware of the regulation prohibiting signs did not sit well with the judge. FCHOA won the suit, needless to say.


The next grew from an extraordinary number of calls and letters regarding two homes being built by a builder which not only had many violations in citing and unauthorized construction of walls and patios, but were painted a stark, glaring white. Both sets of plans contained clear markings as to either an approved desert paint color or an instruction to submit samples of the color. One, in which the builder had moved the markings for the footings alter his neighbor left for the summer, was so close to the lot line that the neighbor could not see his TV screen without closing the draperies. This case also went to court, with the same judge giving the same opinion. The judgment not only went completely in favor of FCHOA, but the defendant had to pay all the Association's legal fees. The result of this was the purchase of a sophisticated new computer system with voice messaging and fax capability, which immediately began to prove itself both in dependable communication and in saving money on such items as stationery and an answering service.


While these two cases took a tremendous amount of time and effort on the part of the Board, most violation cases were resolved without proceeding to litigation. Often, despite frequent letters to the title companies and the Board of Realtors, new owners were not even aware that the CR&R's existed. Others had been told by anxious real estate agents that they were not enforced. This was quickly corrected.


Although much of the time is spent in policing the subdivision, the Board tries to do what it can to make life more comfortable and pleasant for the homeowners. There are some who, usually because of a misunderstanding of the deed restrictions or being thwarted in something they want to do, become angry with the Association. However, their homes are being supported in value because of the Association's vigilance and willingness to take action.


Over a period of time, THE ARROW has included surveys and questionnaires about issues confronting either the Flechas or the foothills in general. Response has always been good. Some things have been a problem to accomplish. After a fairly good start in the Eighties, the Neighborhood Watch program fell into inactivity because of a lack of volunteers. There are attempts to revive this. Despite another attempt to revive the paving project in the early Nineties by starting with just a few streets in Flechas #1 and #2, this was not accomplished because some of the long time owners on Flecha Drive became convinced that paving would turn their street into an Indianapolis Speedway, so many roads remain dangerous, dusty and unsafe.


On the plus side, membership by 1995 was at an all time high, with well over 200 households on the roster. But perhaps the most positive accomplishment of the time since that new Board with its new attitude took office in 1980 was that FCHOA became a respected voice in the Tucson Metropolitan area. That respect continued as the Twentieth Century drew to a close as Flecha Caida continued to be a desirable location for new families and home values continued to rise. Despite the dozens of new subdivisions being developed, the large lots and the protection of proven CR&R's drew a new generation of families to Flecha Caida Ranch Estates.