March 06, 2012 | March 13, 2012
7:00PM
The Legacy Center
7:00PM
The Legacy Center
Dear Pointe Meadow Home Owners,
In the past there have been many frustrations expressed over our neighborhood Covenants, Conditions and Restrictions (CCR’s) as they are presently constituted. While they are not ideal, they are binding on us as a neighborhood and are attached to our individual properties and neighborhood as part of the original zoning and development contracts. Each of the homeowners has neighborhood duties and rights as designated by the CCR’s. The neighborhood also has common property which must be maintained and insured. Whether you are for the CCR’s or against them, the bottom line is that they are not going away.
Part of the frustration being expressed is the difficulty the CCR’s impose on us as homeowners to make even minor adjustments or changes to better suit the needs of our individual homes and neighborhood.
A few of the current requirements for modification to the CCR’s are:
- To gain the approval of Lehi City;
- To provide notice of these meetings through certified mail; and
- To hold a meeting with sixty (60) percent of homeowners present in order to vote on proposals.
The first bullet point represents a significant obstacle for the property owners in this neighborhood. As it currently stands, all of the homeowners could agree on an amendment and the City’s vote alone could veto it. As homeowners, we presently have the opportunity to remove this provision from our CCR’s. We would no longer be required to consult the City regarding future changes and obtain their authorization.
The second hurdle we face is the expense of providing notice of the meetings where a vote might be taken. Every time notice is required, it costs approximately $600.00 to send certified mail to all homeowners. This expense comes directly from HOA dues. The HOA has always worked to keep the dues to a minimum and at $60.00 a year they are one of the lowest, if not the lowest, in the state. Sending certified mail is not in line with this low-cost approach. The current proposal is to change the notification provision such that regular mail would prove sufficient. This would significantly lower the cost while still accomplishing the task of providing notice to homeowners.
The third requirement, of having sixty (60) percent of homeowners present in order to vote on proposals would remain unchanged. This requirement is a significant challenge in itself which helps bring stability to the CCR’s and ensures that they won’t be amended based upon the preference of a few homeowners. The proposed amendments are solely aimed at lowering costs and eliminating third party involvement in the CCR’s that govern our properties.
The final proposal to be voted upon is an amendment clarifying the responsibilities of owners when the property in the neighborhood is rented. In essence, the proposal will help the communication between the homeowners, renters and the HOA. It would require the renter to be given a copy of the CCR’s and to provide contact information for the renters. The homeowner would still be responsible for compliance with the CCR’s. It is not a limit on homeowner’s ability to rent their property.
As an HOA board, we have submitted the proposed amendments to the City and have received their approval. In order to finalize this process we need sixty (60) percent of homeowners to attend a homeowner’s meeting, either in person or by proxy, to conduct a formal vote. This meeting will be held on March 6, 2012, 7:00 pm at the Legacy Center. If we do not meet the quorum requirements at that meeting, then we will hold a second meeting on March 13, 2012, at 7:00 pm, at which we will only need thirty (30) percent of homeowners to call a vote. The net effect of the proposed changes will be to have the same level of participation from the homeowners to pass an amendment while eliminating a significant cost and the interference of the City in the process.
One final matter, we currently have a vacancy on the HOA board. We will receive nominations and hold a vote to fill that vacancy at the March 6, 2012 meeting according to the community bylaws.
If you are unable to attend either meeting, please send your proxy form along with your completed voting form to the meeting. This is the only way your vote will be tallied if you are not present. You can either give it to another homeowner to bring to the meeting, give it to a HOA Board member or you may send it to Parker Brown, CO: Kim Paterson at the contact information above.
We have enclosed the proposed amendments, a proxy form, a voting form and the current Community Bylaws. These documents can also be found online at:
If you have any questions about the voting process or about our annual meeting, please feel free to give Parker Brown Real Estate a call at 801-766-9998 or email Kim at kim@parker-brown.com.
We look forward to seeing you at the March 6, 2012 meeting.
Sincerely,
The HOA Board
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