Wednesday, November 11, 2009

2nd Draft

We've created a link for the 2nd Draft of the CC&Rs from our committee meeting. The CC&Rs are still in rough draft version, the final copy will be sent/delivered to every owner before they are voted upon.

http://docs.google.com/fileview?id=0B2x3lrijEIVVNjMzOWFlZDAtOTRiMi00N2JjLWJiNGEtYjdiZmMyMjIwNGI4&hl=en

Highlighted items are changes.

Please post any suggestions or questions in the comment section or email us at lexingtonhoaboard@gmail.com

PS - There have been a couple questions about Section 7a. This provision is still under consideration and has been discussed quite a bit, it is a standard item in most HOA Declarations. We have received the following legal counsel regarding this provision:
The standard reason for 7(a) is to give the Board the authority to enter a lot to perform its duties under the Declaration without being guilty of a trespass. Normally a project will have more common area and the Association more duties which affect or could affect a lot. This provision has been helpful in the past in an emergency (e.g., broken pipe, flooding, animal locked inside, abandonment, toxins and pollutants) and I would think at the very least you should have authority to enter the lots with the landscape easement. In my 32 years where I have been involved this provision has never been abused; however, I can imagine some of the concerns. To remove it would not do much harm because remedies exist outside the Declaration for most of the situations I can imagine, except for the lots with the easements: I would keep the access right for those.

Next Board Meeting

Just wanted to post another message letting you know when the next Board meeting is.

December 2nd at 7 pm at Jen Dicou's home.

We will be meeting to approve the July 2009-June 2010 budget.