Hello Malvern News Subscribers,
Message from the Board of Directors Regarding Hunting in Malvern
In 1972 the developer of Malvern recorded a document containing covenants for the lots within the subdivision.
Covenant number 17 of the document states, "No hunting shall be allowed upon any lot or common area, and no firearms shall be discharged in the subdivision except as authorized by the Property Owner's Association."
Recently, a Malvern resident with a considerable legal background concluded a reasonable interpretation of the covenant is as 2 separate sentences. The first sentence being no hunting shall be allowed upon any lot or common area. The second sentence being no firearms shall be discharged in the subdivision except as authorized by the Property Owner's Association.
At our request, the attorney the Malvern Board uses for consultation advised, "although the [original] drafter's intent appears to be to give the Association authority to allow hunting, the sentence is poorly written and doesn't do that in a clear and unambiguous way."
He further advises, "it is too late to redo the proxies and the bow-hunting part of the proxies is void anyway. At the October 17 meeting this should be made clear, and also that a binding bow hunting vote (by person or by proxy) is not possible at that time."
Based on the advice from our attorney, there will be no vote taken with regard to bow-hunting at the membership meeting of October 17, 2015 nor at any future membership meeting until or unless the membership directs that the covenant be clarified.
To view and/or print the source PDF file please click HERE.