YMCA vs. Homeowners, Part 2

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At issue is a piece of a property, owned by the "Y" that happens to fall under the covenants, conditions and restrictions of the neighboring Westfield Village.

In a packet of information mailed to homeowners, the YMCA requested the residents release a portion of the Y's land from their CC&Rs. A request that has angered neighbors, like Kathleen MacDonald, and inspired them to start their own campaign to fight it.

"What they're asking us to do is literally sign away rights we have as homeowners."

Mark Lieske, the CEO of the YMCA, however says there has been a misunderstanding. He argues that clearing the Y from Westfield's CC&Rs would not take away the homeowners' rights.

"This simply creates a situation where a wrong was done many, many years ago is corrected. And it's good, rally, for the Westfield group and our opportunity to sell to a buyer," says Lieske.

"This is the portion that abuts the Westfield Village. This is the portion, I'm understanding, that is impacted by the CC&Rs. None of these properties and homes are planned with the two and a half story unit. All of them will have a minimum 20 foot set back," adds Lou Borrego, a principal with the Reno-based West Haven Development Group. That's the company in contract with the Y to purchase the land.

Through architectural renderings, he describes the homes as single family, detached and no taller than 2 and a half stories.

"These homes will be between 1500 and 2000 square feet. They're not going to be any larger than I think what you have in Westfield Village."

51% of the residents of Westfield Village would need to sign off the Y's request for the property to be released from the CC&Rs, but in essence, it doesn't matter.

Borrego says they will still develop the land, but with a few adjustments.

"It would adjust the land plan. We would still see 50 units. Our hope is to see it single-family detached. But we do not, we may have to reevaluate the land plan and possibly reconsider an attached product."

Neighbors tell Channel 8 they will continue their campaign to urge others not to support this proposal.

The YMCA, however, says they will begin their own door-to-door campaign in Westfield Village on September 9th.