the Art of Community
Why should association documents be amended?
· To eliminate obsolete provisions.
· To eliminate provisions no longer observed or enforced.
· To eliminate provisions that conflict with current laws.
· To eliminate developer language and privileges no longer being used, such as two-class voting or exemption from use restrictions.
· To improve poorly drafted documents by clarifying ambiguous provisions.
· To tailor documents to fit the living experience of owners/members.
· To redo documents to grant the association the necessary powers to operate effectively.
· To provide for changes in technology (satellite dishes, home office use, etc.).
· To make documents more “user friendly” – through better organization, a table of contents and descriptive headings, etc.
· To eliminate or correct mistakes and errors.
· To take advantage of recent changes of the law.
VOTE Message and RESULTS (Below)
Thanks to all of you who voted, attended meetings, gave feedback and expressed support for the revised covenants. 344 of the 622 home owners voted. Yes votes outweighed No votes 2 to 1. Filings 11, 12, and 14 were extremely close to passing (each filing needed a majority of owners to vote yes). Unfortunately, none of the seven filings received a majority of yes votes, so the existing, original, covenants (including the ARC and Dues) remain in effect.Type your paragraph here.
Howard Buchalter, South Cherry Creek Vista
Based on the changes made, I can now get firmly behind the proposal. I say this as a long practicing attorney who has defended many individuals against abusive HOAs in court. I truly believe it would be in the best interest to support this very modest and fair proposal and urge your support.l
OK, folks, I provided the HOA Board with some suggested revisions, which were in large part welcomed and incorporated into what will become a revised proposal. I am now confident that the revised proposal would strike the right balance between having an HOA that could preserve and better the appearance of the neighborhood and property values, while preventing potential abuse both financially and legally. In particular, some key provisions included in the revised proposal, include the following:
1.Impose a strict $60/yr. limit on assessments ted to a mandatory spending plan that will be distributed by the board beginning 2018' This is very reasonable, especially if you see what other neighborhoods charge for their HOAs and it is fair that everyone contribute .
2. The annual assessments could only be increased by 6%/yr., unless a legal majority of all residents votes otherwise;
3. Strict limits on fines and attorneys fees to prevent egregious cases where an HOA seeks thousands of dollars to collect on a nominal amount of dues; No threat of foreclosure- that has been removed at my urging..
4. Further relaxation of architectural oversight over small projects. No review requirement for projects costing less than 5500.
5. Elimination of requirement of vehicular parking of boats, trailers, etc in garages. They would only need to be screened from view.
Howard Buchalter, ESQ
Cherry Creek Vista South Homeowners Association
Covenant Vote Summary 2017
Total Votes 344 (Homes that voted) of the 622 Homes
No = 111
Yes = 233
Breakdown by Filing
Total Votes 344 of the 622 Homes
Total No Votes = 111
Total Yes Votes= 233
Filing 8 = 52 Homes
Total Votes 22
Needed to Pass 27
Filing 9 = 106 Homes
Total Votes 37
Needed to Pass 54
Filing 10 = 71 Homes
Total Votes 34
Needed to Pass 37
Filing 11 = 104 Homes
Total Votes 65
Needed to Pass 53
Filing 12 = 143 Homes
Total Votes 92
Needed to Pass 72
Filing 13 = 98 Homes
Total Votes 56
Needed to Pass 50
Filing 14 = 48 Homes
Total Votes 32
Needed to Pass 25Type your paragraph here.