1. Purpose of the Trail System
Promenade must determine whether it should continue operating as a broad neighborhood trail provider or focus resources on trail segments that provide sustainable member benefit relative to long-term maintenance costs and significant lilability.
2. Root Cause of Deterioration
Much of the hillside damage stems from constructing trails without sufficient long-term erosion control, irrigation, and ground-cover stabilization. Without these measures, erosion and visual decline are predictable outcomes.
3. CC&R Obligations
The governing covenants were designed to create long-term maintenance and stewardship obligations that run with the land. Common-area responsibilities are therefore not determined solely by homeowner proximity, changing neighborhood majorities, or shifting preferences over time.
4. Maintenance and Responsibility
Both Promenade and BRMA governing frameworks contemplate maintenance of common-area landscaping and irrigation. While responsibility for Lot D remains disputed, continued deterioration is not a viable long-term strategy.
5. Preserve or Decommission
The Promenade Trail Use Survey will help determine whether specific trail segments should be restored and maintained or selectively decommissioned to reduce long-term costs and allow portions of the hillside to return toward a more natural condition.