Reservist faces threats over landscaping

Kennewick reservist faces threats over landscaping

By John Trumbo | Tri-City Herald

KENNEWICK — Burke Jensen moved to Kennewick about a year ago, bought a nice house in the country south of the city and began to settle into a new job at Energy Northwest.

Then came the call five months ago to serve his country in Kuwait.

So Jensen, who says he is an involuntarily mobilized reservist, headed off, leaving behind a pregnant wife, a young son and a 2.5-acre lot with not a spot of landscaping.

Now, Lt. Jensen is being told to get an irrigation system and landscaping on his property as soon as possible or face legal action from the Oak Hill Country Estates Homeowners' Association.

"I really don't give a [expletive] where he is or what his problem is," said Chick Edwards, owner and developer of the 47-lot subdivision at the south end of Oak Street in Kennewick.

"It doesn't matter to me," said Edwards, who insists Jensen has violated terms of the homeowners-association covenants requiring that landscaping be completed within one year after an occupancy permit is issued for a home.

"[Jensen] doesn't have the right to walk away from his obligation," said Edwards, who as the developer is the only member of the homeowners association. "I have most of the property still, so I am the homeowners association," he said.

Jensen's situation is complicated by the fact his wife chose to return with her son to stay with family on the East Coast for the duration of her pregnancy, leaving the home unoccupied.

Jensen's attorney, Tony DeAlicante of Redmond, Ore., said Jensen had paid a landscaper thousands of dollars to design and install an irrigation system and hydroseed the large lot this summer.

But DeAlicante said it appears the landscaper may have abandoned the job with the irrigation system only partially completed and no seeding done.

DeAlicante said Jensen also would like to find a renter for his home, but Edwards said that would be a commercial use not allowed by the homeowners association.

"He's not going to rent it," said Edwards. He said an attorney who has reviewed the covenants agrees.

An e-mail on Friday from Jensen to DeAlicante, which was provided to the Herald, says several of Jensen's fellow employees at Energy Northwest are helping to clear the property of weeds and blow out sprinkler lines, if necessary, to make sure they will not freeze during the winter. It also says a neighbor used a tractor to mow weeds.

Rick Miller, whose home is in sight of Jensen's, said he's sympathetic to Jensen's situation. "Given the circumstances, it doesn't bother me," he said. "He can't control the circumstances."

DeAlicante said he has written Edwards to tell him the federal Servicemembers Civil Relief Act prevents any civil legal action from being taken against someone on active military duty overseas. He also maintains Edwards cannot legally prevent Jensen from renting his property.

But Edwards said he isn't backing down.

"This is a contract. I don't like the way his property looks. This clown gets to do what he wants, and I'm as mad as hell," he said.

Source


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Mr. Chick Edwards-Why DON'T

Mr. Chick Edwards-Why DON'T you spend the money you'd otherwise EXPEND on a LAWSUIT to seed and irrigate the property. The guy obviously TRIED to COMPLY and is serving IN Iraq! For you and me and every other Citizen! I wish you'd think this through! Write the guy-contact his Military Branch/Unit's Locator and ask him to do the paperwork for a lien if he can't pay for another re-seeding or to finish the irrigation system, etc., right now. I believe it will be just as expensive to TEAR this guy apart in Court as it would be to extend a kind and patriotic right hand. I will sign my name so you know "who" I am-I am Lisa Smith-and I post here quite often. Please think this through completely-This is not 'good publicity" for your properties you are hoping to sell in this defunct mortgage market economy. Not only that-but the guy could prove to be a really great neighbor like the guys who are trying to help Mr. Jensen and the other people who spoke up or have undertaken for Mr. Jensen.


Man Edwards, leave the guy

Man Edwards, leave the guy alone. Grow up. He is serving to give you the rights to sit on your ass and complain, so back off you little whiny ass.


Live in Kennewick WA. The

Live in Kennewick WA. The guy Chick Edwards has always been a jerk, but now has dropped to the bottom of the low life scumbag. Just to let you know that the community, jensen's co-workers, and many others came togather and have fully landscaped the property. Not for Chicken Edwards, but for the Jensen's. They raised a flag pole for Jensen in plain view of Edwards house. Said he would help but never showed his face. Kepr News tried to contact him at his home Chicken Edwards wouldn't answer the door.


Thank you for the good news!

Thank you for the good news! I wish the Jensen's all happiness and am so glad to hear there are wonderful people like you and the others helping the family. "Chicken" DEDRAWERS is a funny name for a guy...


You will not believe the

You will not believe the phone answering message left by Chick Edwards on the Oak Hill Country Estates phone:

5 0 9 - 5 8 2 - 5 6 7 9

Oak Hill Country Estates
32220 South Oak Street
Kennewick, WA 99337
(509) 582-5679

Chick Edwards is a disgrace to the human race ... I hope the citizens of Kennewick shun this man for the rest of his life or as long as he resides there.


Is this another development

Is this another development where some yahoo declarant will wind up controlling the entire neighborhood into perpetuity? Total fiefdom, no vote, etc. but homeowners are compelled under threat of foreclosure to fund the declarant's projects (that they have no vote on) via mandatory assessments? Seems to me that we're fighting the war on the wrong continent.


I visited the website

I visited the website maintained by the declarant. They could easily provide the actual CCRs - inexplicably, however, they only provide a brief summary. The summary maintains that "The following items are not all inclusive, nor are they couched in the legal language that will be required by the land sale legal documents." Any requirement to install or maintain an irrigation system is notably absent.

If the restrictions are "so desirable" why can't the declarant provide a copy of them? I guess the buyer will get them at closing where it's too late to read or object? The description of the property suggests that Edwards family decided to carve off a portion of the farm for residential lots with restrictions. The restrictions are on the purchased lots, of course, not the farm. So anyone buying there has their land burdened by restrictions while anything at all can be done with the farm. Undoubtedly, Edwards has the ability to unilaterally amend the restrictive covenants to impose greater restrictions, extend his period of control, change the number of votes he has, change the level of mandatory assessments, etc. Clearly, it's an actual fiefdom.

Interestingly, the summary posted under the covenants section of the webpage makes no mention of this requirement to install irrigation systems as alleged by Edwards. Even more interesting, the "about" section for the development states that "Underground sprinkler systems are now in place to serve the current agriculture needs of the property and may be easily modified by subsequent lot buyers for their ownership and personal use." So it looks like Edwards is advertising to buyers that irrigation systems are already in place and available for the buyers while at the same time making no mention of any restrictive covenant imposing an irrigation system on the buyers. Then the buyer purchases the property and gets threatened for not putting in a sprinkler system because of the "contract"?

Perhaps there is a deceptive trade practice attorney in Washington interested in pursuing a DTPA claim against Mr. Edwards? Ideally, the petition/complaint will include "recission" as a remedy so that Mr. Jenkins can force Mr. Edwards to buy back the lot and home and pony up some mental anguish damages to boot.


Good points! RECISSION

Good points! RECISSION sounds like it could be argued successfully. Wonderful!


I am an older person, and I

I am an older person, and I will not be around too much longer. But, I am looking at the younger people, and I think that you will be soon seeing a different kind of reaction to heavy handed tatics that are condoned by legal double talk. The youg folks today remind me of the tough men who helped form our country in the 1800's. Back in those days, even the poorest uneducated man received respect. If you slighted him, you may not be breathing for very long. As our society becomes ever more overbearing, It may become more common to see violent reactions when one is placed in a spot where there are no options except total compliance. I am not condoning such violence myself. However, I wonder what effect it would have on the the way people treat each other if deciet, scorne, and general under handedness resulted in unpleasent actions by those who already know that years of special interests have made laws that disregard the basic rights our country was founded on.

You could take the HOA where I live as an example. Well, it is just a trailer park. But you would think that it was a community of multi-million dollar estates. On average, the mobile homes here are 40+ years old. Yet, the board runs around issuing violations and fines for having non patio furniture on a patio, or cite residents for things that board members are not cited for. They have forms for residents to use to turn their neighbiors in for perceived violations. Board meetings are devoted to figuring out new ways to harass residents.

Well, recently, this one fellow who rides around on his bike snooping and filling out lots of complaint forms got a message from someone. It essintialy was, you're going to have a nasty accident pal. I don't go along with that kind of action myself, but this guy sticks around close to home now. There is some gossip around that a younger fellow actually grabbed him by the shirt collar and shook him pretty hard. That's a felony crime here if a death threat is made. But these younger folks don't seem to take that into account much. So, was this a short cut to return to commen sense, or just another case of the increasing violent nature of red blodded americans? Our returning young men who have been serving in Iraq and other areas where life can end at any time may have a different perspective when boxed in by the clever folks who have been running roughshod over us average folks for so long now that they just take it for granted that they will not have to face a man on a man to man basis where the law will be the golden rule.


There is a new HOA forum

There is a new HOA forum www.MadAsHell.lafora.com. It is a place where you can vent. saying just what you feel is encouraged. Getting even and discouraging snoops will be topics of discussion. What can I say, when you have reached the boiling point, this is a place where you can let it out.


I think the correct web

I think the correct web address is www.madashell.lefora.com


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