Please please...if any readers live close to this family and can help or if you don't live close by and want to write a letter please do.

Look around your area as well. There are many service families that are facing hardships and can use help.


Kennewick reservist faces threats over landscaping

Lt. Burke Jensen was called five months ago to serve his country in Kuwait. Now he 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.

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.

advertising

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.

you gotta laugh, because the alternative is just too much to bare...

I forgot to add the link to the article.

http://seattletimes.nwsource.com/html/localnews/2008231428_reservist06m.html

There's a map showing the location of the home on the page.

It is obscene.

I bet the community will back the soldier.

I hope so but you know...they shouldn't have to. I am not saying that because I think everyone should sit on their asses.

That developer is a $hithead of epic proportions!

People who are serving and their families deserve better.

Here in Michigan we've seen similar things happen. It makes me mad as hell every time.

Those homeowner associations are bears to deal with sometimes. If they moved in there and signed their homeowners agreement, they better get the changes done. It is a matter of a legal contract with the homeowners association.

Homeowners Associations are awful sometimes.

u got that right...

Service people have some legal protections as mentioned in the article.

There is a greater moral issue here too. given the sacrifices he and his family are making if the association cares about the physical appearance of the lot so much why don't they get their butts out there and help the family make the required improvements.

Remember that old saw...many hands make labor light?

sounds like a good anti-servicepersons protest is in order

wonder how many more lots he will sell if an active protest is taking place at the entrances to the development

just a thought

but hey

what do i know

the association only has one memeber

interesting hhhhmmmmmmmmm

wonder if he has a sniper buddy (thats a joke really it is)