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June 17, 2016
Santa Fe County Adopts New Land Development Code and Building Setback Requirements
The 2015 Sustainable Land Development Code (SLDC) was adopted unanimously by the Board of County Commissioners on December 8, 2015 via Ordinance 2015-11. The 2015 SLDC governs land use and development throughout the unincorporated areas of the County, including Eldorado. The 2015 Sustainable Land Development Code contains the regulations that a property owner must follow when building or remodeling a structure, including important information such as setback requirements for structures. It also explains the process by which land use and development can occur. The link to the new Ordinance is as follows:
MOTION ON CIRCULATING A PROPOSED INTERIM RESOLUTION ON THE KEEPING OF OUTDOOR ANIMALS
April 12 2016
The County Clerk's Office informed us that anyone who turns 18 by General Election Day, November 8th, is eligible to vote at the NM Primary in June. Please have your 17 year olds register to vote. Thank you!
April 8, 2016
The ECIA Board of Directors has voted unanimously to accept the ruling of the New Mexico Court of Appeals in the hens as pets suit, ECIA v. Billings, et.al., and will not seek a review of the ruling by the New Mexico Supreme Court. The Board has made this decision despite serious concerns about the arguments presented by the appellate judges, not specifically on the hens issue, but on general procedures relating to the interpretation of restrictive covenants. A majority of the board feels that the ruling may have unintended consequences for all of us who own property in Eldorado and for other homeowners associations throughout the state. Nonetheless, the board feels that it would be unfair for ECIA members to bear the financial burden of seeking clarification of the full legal ramifications of the Court of Appeals decision.
The ECIA Board will now initiate a good faith process for developing guidelines for the keeping of hens in the Eldorado community with attention to issues such as reasonable numbers, architectural and environmental concerns, and response to potential nuisances. The Board will also engage with the community about the possibility of adopting an amendment to our covenants, allowing hens while averting similar conflicts in the future. We hope this will allow the community to come together again.
The ECIA Board of Directors
April 7, 2016
In the solar array case, Daigle v. ECIA, the appellant has filed a petition with the New Mexico Supreme Court asking for a review of lower court decisions in favor of the ECIA. The Supreme Court may at its own discretion decide whether or not to review the case. The Court’s decision can be expected within 60 days. All of ECIA’s legal expenses in this case are covered by our insurance.
April 4, 2016
ECIA is accepting applications for summer lifeguards at our pool. You can pick up an application at the ECIA office. Certifications must be up to date.
April 4, 2016
The New Mexico Court of Appeals has issued a ruling in the hens as pets suit, ECIA v. Billings et.al. In a unanimous decision, the appellate court found that the ECIA covenants do not prevent the keeping of hens as pets in the development. The ECIA Board is conferring with legal counsel to consider next steps. Options could include the drafting of guidelines for chickens or petitioning the New Mexico Supreme Court to review the ruling, but the Board has not yet made any decisions in this matter.
March 7, 2016
The New Mexico Court of Appeals has ruled in favor of the ECIA in the solar litigation brought by resident Claudia Daigle. In its unanimous decision, the three-judge panel granted summary judgement that the ECIA covenants do not prohibit the installation of ground-based solar arrays. The ruling, written by Judge M. Monica Zamora, states that the New Mexico"Legislature declared void any covenant that effectively prohibited the use of a solar collector.” The Court also dismissed various objections that the appellant had raised during court proceedings. The ruling affirms the summary judgement in favor of the ECIA issued by Judge Francis J. Matthew at the District Court level