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.
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4 comments:
You have no reason to have access to the properties bordering the easement as there are no common water pipes or utilities with those properties.
If I see you in my backyard without police escort and a warrant, we're going to have a problem.
We're with you Brady...when I wrote to Jen about anyone trying to come onto our property without our permission for any reason & told her that we believed in a saying that Chuck Norris has posted on his property stating "We do not believe in calling 911"...she chose to either delete the question or ignore it completely, as another comment I had made a little while back implying that she's the one mainly responsible for the actions taken by the Board...funny how she was offended by my remark(or as she put it, my assumption)...& when I said if it offended her so much that I'm not the only person having the same frame of mind...that she should resign from the Board...no reply to that either...I wonder why?
Marie
Dear Committee Members,
After reading what was written in the CC&R’s attached to this email, I vote not to accept them. There were some things missing that were discussed in the meeting according to my notes and the minutes posted to the HOA blog.
1. There was not restate of the leash law.
2. I do not agree with giving full access of lots to the Board of Directors. I have read your comments below regarding Article III, 7(a) and I still to not feel that the Board of Director’s needs to have any access to homeowners lots for the following reasons.
a. All of the utilities (water, electricity, piping) needed to maintain the ‘Common Area’ are outside of the 6’ fence along 1300 North and are not inside the homeowners back yards.
b. The Board stated over and over in the meeting that the Board does not want to tie the water for the easement into any of the homes along 1300 North because they do not want to be responsible for it and they don’t feel that the homeowners want to be responsible for it either.
c. What is the Board going to do about a broken pipe; fix it themselves? No, the water company will deal with any broken pipes and turning off the water. If there is a pipe broken in the secondary water, the shut off for every lot is in the easement, city property, and not anywhere else on the lot that would need the attention of the Board of Directors.
d. We have animal control agents that can deal with animals locked inside. I do not want the responsibility or the law suit if my animal bites a member of the Board of Directors because they were trespassing on my property.
e. Abandonment, if a home is abandoned, it falls under the control of the bank. You see reports in the news, almost daily, where there are people who are stealing items from homes and yards where the home has gone into foreclosure. The Board should avoid these homes and lots to avoid any accusations or false charges.
f. Toxins and pollutants – These fall under the Clinton City Ordinances and we have an ordinance enforcement officer to deal with this.
Shane Rasband
CC&R Rewrite Committee Member
Board of Directors: I have spent considerable time reviewing the proposed CCR’s. I realize significant effort went in to their revision and I appreciate that effort, but I MUST TAKE ISSUE WITH THE PARTS NOTED BELOW. Specifically, the Board's efforts to expand the CCR's to facilitate maintenance of PUBLIC property is unconscionable and shows blatant disregard for the members of the HOA they are obliged to serve.
It is my considered opinion that the Board has been exceeding their authority from day one paying to snow plow the public sidewalk and mow the grass in the park strip when it was never their responsibility in the first place. That part of the PUBLIC R-O-W is the responsibility of the abutting property owner. If the Board insists that WE must care for it why is my sidewalk and park strip not included? Why are only the 18 abutting property owners getting the benefit? It seems the Board is bent on creating expenses with wild abandon using my money, well our money, not all of which has been collected yet although supposedly paying Froerer $455 a month plus expenses to do so. The basis for this year’s budget has to be a guess, because there is absolutely no surety about how much money will get collected, since we didn't get it all last time. It seems the solution is to ask for 40% more [$60 to $84] from those of us who will pay to cover for those that have yet to pay.
FWIW and I hope you at least read them, here are my specific comments and opinions about the proposed CCR’s. I am a paid up voting member of the HOA and I cannot and will not support their adoption as written.
Wayneg
Definitions
13. The term Landscape Easement shall mean the five foot (5’) strip of land and public
park strip (Grass) [these 5 words have been added by your current Board of Directors!] within the Subdivision which is the Common Area located between the sidewalk and the six foot (6’) fence running parallel to 1300 North Street, described with particularity on the Final Plat.
[It is not described in writing or in any other description on the copy of the plat I was provided at closing. It is certainly not a “common area” as usually associated with condominium declarations] that is why Title Companies are not finding it at closing time!]
6. Voting. Each Resident Homeowner shall have one vote on all matters as long as they are in good standing. The vote of 67% of those Resident Homeowners present at a meeting in person or by proxy shall be necessary and sufficient to approve any matter before the Association.
[Why are absentee homeowners not included? Are they too much trouble to locate or is it a way to influence the voting since they aren’t?]
a) To access to each Lot.
[Why would a Director need to come onto my lot? Not at all since my lot is not included in the “landscape easement”. There is absolutely no reason for them or anyone else to do so without my permission.
f) To delegate its authority to a manager.
[To the tune of $5400 dollars per year plus expenses!]
The officers and members of the Board of Directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct or bad faith.
[One might come to the notion that the action to include the grass in the park strip along 1300 North to the exclusion of everyone else’s park strip to be an act of bad faith, since it certainly was not included in the “landscape easement” originally and the Board has expended homeowner money to care for it]
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