Millcreek Place Maintenance Fund
104 Westlake Drive
Brandon, MS 39047
March 7, 2012
Dear Neighbors:
Mill Creek Place Subdivision is a unique place to call home. It was established in the 1970’s and has matured into a quiet, friendly, and desirable place to raise our families. Its age provides many benefits, but also one major drawback, namely, the covenants governing Phases I, II, and III (all on the West side of Mill Creek waterway) have not been amended since they were first enacted in 1974 and 1977, respectively. A lot has changed since 1974 in the Reservoir area. Dynamic alterations in nearby land use and surrounding population growth may make it desirable to amend our covenants to maintain our property values. In our opinion, the covenants -- many of which concern upkeep of a neighborhood lake never constructed -- are outdated and in need of review to keep up with changing times. Unfortunately, as they currently read, the covenants do not clearly provide for amendment; they merely allow for either continued application or complete nullification.
Your Board of Governors strongly desires to allow the residents of Mill Creek Place the ability to amend the covenants, which is a power not presently available. We have a plan, and we need your help.
The Board of Governors proposes to file a Petition in the Rankin County Chancery Court. The Petition will specifically request a Court Order allowing the residents of Mill Creek to amend the covenants upon a majority of affirmative votes from the residents. That is all we would seek through the Petition. To be clear, we are not seeking to amend the covenants; we are rather seeking authority for our residents to be able to amend the covenants upon a majority vote. The developer and fellow neighbor, Bob Stewart, has agreed to join in the suit to clarify the intentions of the drafter of the covenants, which was to allow amendment based upon a majority vote.
Local attorney, Troy Odom, also a fellow neighbor, will draft the Petition. We will forward the Petition to all residents prior to filing. We will be asking you to personally join in the Petition for the sole purpose of agreeing to the relief requested. By joining, you will not incur any liability whatsoever; you will simply be aiding your neighborhood by giving it the power to maintain its beauty and charm based upon the desires of its residents.
If you have any questions about this, please contact Troy Odom at 601-992-4477 (work) or 601-278-2777 (cell). If you object to this course of action, we strongly urge you to let us know as soon as possible. It is our desire to maintain open and accurate communication with you throughout this process and we request the same from our neighbors. Your cooperation will allow this to proceed as smoothly and efficiently as possible.
Sincerely yours,
Mill Creek Place Board of Governors
Aubrey Hayes
Wayne Rhodes
