#Residential Disputes
Target:
The Board of Directors, Kelly Plantation
Region:
United States of America

The continued use of the Stonrbridge Road, Augusta Cove, and Marshbrook Way neighborhood by the Southern Cross Equestrian Center (SCEC) against homeowner objections is a clear violation of numerous articles of the Covenants of Kelly Plantation. As an example of the Covenants;

"Exhibits "C" 3. (a) Prohibited Conditions. The following shall be prohibited within the Properties: Plants, animals, devices or other things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Properties;"

When the riders come through the nighborhood they ride on the sidewalks, across homeowners lawns and randomly along the streets in total disregard to vehicle traffic, leaving piles of animal manure in their wake. Although SCEC has committed to the Board of Directors to pick up the waste within 45 minutes following their ride, this does not always happen and the manure is frequently run over by vehicles before it is removed leaving an unsightly mess. If SCEC was sincere in eliminating this problem they could have addressed the numerous complaints earlier by having their pick up vehicle follow directly behind the horses and picking up the manure immediately as homeowners are required to when walking their pets through the neighborhood.

Stonebridge Road is not a nature trail, it is a residential neighborhood populated by families with children who ride their bicycles, skateboards and play on the sidewalks. The presence of horses and riders on the same sidewalks presents a safety hazard, which should not and would not be tolerated in any city residential community.

Incidents of conflict between the riders and motorists within the neighborhood have occurred. In one particular situation one of the riders responded to a motorist trying to go around the pack "Horses have the right of way in here"

Homeowners dogs become aggravated when the horses are present, in one case a homeowner pet broke loose and charged into the pack if riders which could have resulted in a serious injury to a rider, their animal or the pet and exposing the homeowner to a unneccessary liability suit.

SCEC is a private business, not part of Kelly Plantation, which is owned by a non-resident of Kelly Plantation. With very few exceptions the riders within SCEC are also non-residents of Kelly Plantation. SCEC has been requested to produce any document or evidence, which grants them access to the uses of Kelly Plantation for business purposes, which they have been unable to do. Only unsubstantiated verbal discussions which SCEC claims took place between SCEC and the Developer of Kelly Plantation before the Stonebridge neighborhood was developed have been offered be SCEC as their right of use of the neighborhood.

We the residents of Stonebridge Road, Augusta Cove and Marshbrook Way request the Board of Directors of Kelly Plantation to issue a Cease and Desist Order to Southern Cross Equestrian, (SCEC), to prohibit the continued use of the streets and neighborhood of Stonebridge Road, Augusta Cove and Marshbrook Way as a recreational riding trail and exercise facility for the riders and their horses.

The order to take effect immediately and permanently.

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The To Prohibit horse traffic on Stonebridge Road, Augusta Cove and Marshbrook Way petition to The Board of Directors, Kelly Plantation was written by Worawan and is in the category Residential Disputes at GoPetition.