IX. Developer's Letter to DBPOA Board

The following letter from Dover Bay's developer, Ralph Sletager, was sent to the DBPOA Board and members of its Roads, Trails and Common Areas Committee. We received permission from him to publish the letter.

Though the main context of the letter is the reasons for the DBPOA to maintain ownership of Dover Bay roads, there are defining explanations as to why road maintenance by the DBPOA should include all our roads rather than excluding those that the Board had deemed "private."(See highlighted paragraph, emphasis ours) We have addressed this in a previous blog HERE.

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Letter from the Developer

Hi All,

My name is Ralph Sletager and I am the Developer of Dover Bay. I appreciate your attention to this important matter.

I understand that confronting issues surrounding city obligations can be uncomfortable, but as representatives of the DBPOA members, it is your fiduciary duty to ensure the city upholds its contractual commitments. The potential transfer of our property to an entity that has shown a consistent inability to maintain its responsibilities raises significant concerns.

From 2011 to 2017, we dedicated substantial time to meetings and mediation to have the city recognize its maintenance obligations, as outlined in Paragraph 18 of the Development Agreement, which addresses assessments for maintenance. One of the key conditions I insisted upon was for the city to provide tax revenue to the DBPOA to support these obligations. An attorney for the city even suggested a maintenance back agreement, yet progress has been lacking.

For context, my original application stated that the city would maintain the roads through the Independent Highway District. Dover Bay PUD is a master-planned community encompassing commercial and residential properties, parks, and trails, all interconnected by a road network. The original road maintenance plan included both private roads and arterial connectors.

Each DBPOA member’s title report contains the Development agreement which states in part: “Roads or trails shall be dedicated to and assumed by the City following completion of the construction for each such road or trail pursuant to conditions of acceptance to be determined between the parties.”

One of the “conditions of acceptance to be determined between the parties” that I, representing the DBPOA members consistently demanded, was for the city furnish some tax revenue to the DBPOA for its contractual obligation for maintenance.

In addition to the city’s deliberate decision to not participate in funding the maintenance, the city changed some of the road plans.

For example Becker Lane was planned to be a private road disconnected and separate from Old Dover. The City changed direction and wanted a public connection to Old Dover. Becker Lane is located on private property but publicly used. Another complication of what seemed like a simple change is that Becker Lane is part if the Dover Meadows HOA. The changed road status affected blocks 3A, 3B & 3C of the Dover Meadows HOA.

Based on those differing conditions and others, I as the Declarant of the DB PUD and pursuant to the DB PUD CC&Rs 4.1, 5.4.1, 3.8, 3.8.1 and 4.2, designated the roads in DB PUD as common area, with the exception of the Condo areas 4 A& 4B , 6A and 10.

Given the designation of these roads as common areas, and the fact that property owners have been charged DBPOA fees and reserves for maintenance, the owners have upheld their end of the contract. Therefore, any attempt to dedicate or transfer these common areas must adhere to the stipulations outlined in section 4.2(c), which requires an agreement signed by members representing at least 67% of the voting rights in the Association.

Over the past decade, the owners within the DB PUD have contributed approximately $1,420,638 in IHD levied road tax to the city, which has been directed to the DURA. However, the DBPOA has yet to receive any funds for road maintenance.

Additionally, the city has collected approximately $1,141,856 in Westside Fire tax, despite the abandonment of the fire station. When I donated the land for this fire station, it was under the condition that it would be used for that purpose. There is a reversionary clause in the agreement should the city continue with this lack of fire protection.

These figures are derived from the levy rates on tax assessments and the total assessed value of Dover Bay each year, and while they may vary slightly, they highlight ongoing issues. The DURA operates as a City of Dover Agency, and the funds that were intended for the mutual benefit of the city and the DB PUD are not being utilized as agreed.

I urge you to reconsider the implications of transferring our property without ensuring that all parties involved honor their commitments.

I believe that the best solution is for the DBPOA to maintain all the roads in Dover Bay.

Thank you for your attention to this matter. I look forward to your response.

Thanks rs