HomeMy WebLinkAbout2025-11-06 Margie Williams (2)
Charlene Way
From:Margie Williams <margie.g.williams23@gmail.com>
Sent:Thursday, November 6, 2025 3:49 PM
To:City Clerk; Sonya Allen
Cc:Kate Bartles: Attorney; CityAttorney
Subject:Subject: Violations and Evidence of Bad-Faith Conduct — H-2025-0030 (Cherry
Blossom East)
External Sender - Please use caution with links or attachments.
Dear Ms. Allen and Members of the Commission,
Please include the following in the official record for H-2025-0030 (Cherry Blossom East).
1. Misrepresentation of HOA Independence — UDC § 11-3A-5(A)
City findings rely on the applicant’s statement that Cherry Blossom East and Cherry Blossom Place will
operate under separate, independent HOAs. Public records and correspondence prove otherwise: Lot 7,
Block 1 (Cherry Blossom Place pump-house parcel) remains titled to Jayo Development LLC, the same
entity proposing Cherry Blossom East. This single ownership structure keeps the developer in control of
the shared irrigation system serving both subdivisions.
No deed transferring the common lot to the Cherry Blossom Place HOA has been recorded or
accepted. Reliance on an unrecorded promise to “give up ownership” is not competent evidence under
Idaho Code § 67-6511 and directly conflicts with UDC § 11-3A-5(A), which requires clear, independent
responsibility for all common facilities.
2.
Idaho Code § 55-3206 (2014 version, then in effect) — Declarant Control of
Homeowners Associations
Under § 55-3206, declarant control must end once approximately seventy-five percent (75 %) of lots are
conveyed or three years have passed after the last conveyance. Cherry Blossom Place reached that
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point long ago. The developer’s continued ownership of the common parcel and exercise of HOA
authority demonstrate bad-faith retention of declarant control in violation of § 55-3206. This is not a
clerical oversight; it is a knowing continuation of developer authority beyond the period allowed by
statute.
3. Findings Not Supported by Competent Evidence — Idaho Code § 67-6511
Staff findings depend on the applicant’s assertions rather than recorded documents. No competent
evidence verifies that the irrigation infrastructure or HOA responsibilities have been lawfully
separated. Proceeding under those assumptions places the City in violation of § 67-6511, which requires
that every approval be supported by substantial, competent evidence on the record.
4. Pattern of Bad-Faith Conduct
The applicant’s statements to homeowners and to the City are inconsistent. In October 2025 he told
residents he was “giving up ownership” of the pump-house lot, yet no conveyance has occurred. The
continued use of that claim in public proceedings misleads both the Commission and affected property
owners and constitutes bad-faith representation of ownership and compliance status.
5. Requested City Action
1. Suspend or condition any final approval of H-2025-0030 until a recorded deed transferring the
pump-house parcel is produced and accepted by the HOA.
2. Require updated written findings consistent with UDC § 11-3A-5(A) and Idaho Code §§ 55-3206
and 67-6511.
3. Refer the matter to the City Attorney for review of potential misrepresentation of ownership within
an active land-use proceeding.
This request seeks only that the City enforce its own code and Idaho law consistently and in good faith.
Respectfully,
Margie and Justin Williams
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1251 NW 4th Street • Meridian, ID 83642
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