2005-07-28 Memo - Cedar Creek Townhomes- �I�E COPY
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, Nil`€ 55422
Telephone, 763.231.2555 Facsimile: 763.231.2561 plan ner5u•nacplanning.cnrn
MEMORANDUM — Via Fax Transmission
TO: Mike Couri
FROM: Alan Brixius
DATE: July 28, 2005
RE: Albertville — Cedar Creek Townhomes
FILE NO: 163.05 — General
Frank Kocon of the Albertville Planning Commission lives in the Cedar Creek
Townhomes. He has expressed frustration in the Cedar Creek Association and the
need to raise association fees to cover operating expenses immediately if the developer
turned the association over to the homeowners. Their association includes a variety of
different valued townhomes, and the increase in association dues is being fought by the
lower valued townhome units.
The attached letter is Frank's inquiry as to whether the association may be split and
what the process may be. I told him I would discuss this with you and get back to him at
the next meeting. Please look at this and give me an e-mail of your thoughts.
Attachment:
June 15, 2005 Letter to Don and Jadynne Berg from Young Brown and Pagel ,LLP
c: Larry Kruse
SHELDON R. BROWN
TIMOTHY L. YOUNG•
RHONDA L. PAGEL
•MSB.A Board Cenit ed Rml Propm, Specialmi
June 15, 2005
YOUNG BROWN & PAGEL, LLP
ATTORNEYS AT LAW
63 OAK AVENUE SOUTH, P.O. BOX 859
ANNANDALE, MN 55302-0859
FAX (320) 274-3476
TELEPHONE (320) 274-8221
DON AND JADYNNE BERG
5484 JASON COURT
ALBERTVILLE MN 55301
Dear Don and Jadynne:
IJ .L Assn IANn
BARBARA K. TENGWALL
MARCY A. SMITH
1X1 1H7.'ARY
SARAN A. KATZENBERGER
1 have spoken with Tim oung concerning your town home association request. Tim states
that before you invest any more time or money in this project that you consult with the City of
Albertville (Planning and Zoning Department). They will let you know what they believe
—_
will need to be done if the Association is split. If it involves re -platting the entire project, you
are probably out of luck. _
The other issue Tim identified as being a deal killer involves the problem with lenders
consenting to any rearrangement of the Association. It might be easy to obtain the necessary
number of property owners (possibly unanimous) for the reorganization. However, if it is
necessary to obtain lender approval of the reorganization, that would probably prove
impossible.
At any rate, if you want to check with the City of Albertville, let us know what you find out.
If you want us to check with the City of Albertville, we can do so. At that point we would
probably put you on the clock and begin billing for the time involved in this.
Please let me know.
Wvery
Sheldon R. Brown
SRB:bkt