Not quite one year ago, the Board of Directors moved to present homeowners an amendment to our CC&R’s. The intent of the amendment is to allow subsequent changes to the CC&R’s be made by a simple majority of homeowners and to eliminate the supposed requirement that consent forms for such amendments be signed in the presence of a notary. The Consent Form can be viewed by clicking on the following link:
Now having half the signed Consent Forms needed to amend the CC&R’s, the Board of Directors took pause to examine what is needed to gather the remaining signatures needed.
While a few homeowners voiced legitimate concerns about the change, the vast majority of homeowners we spoke with cited the inconvenience of getting all owners on the title to sign the Consent Form before a notary. Other owners said they did not understand the importance of the proposed amendment and lost track of the paperwork. Now understanding what it means, they said they would be willing to sign the Consent Form given another chance.
After changing law firms in December 2017, we asked our new larger, more experienced law firm for a second opinion on the need for all owners on a title to sign the Consent Form before a notary.
In light of recent legal proceedings, our attorneys emphatically state that only one owner per lot is required to sign the Consent Form and that signing before a notary is not required.
Thus, we have mailed the Consent Form to those owners who have not yet signed a Consent Form. Only one owner needs to sign the form and the signature does not require notarization.
Today’s mailing is being sent only to those owners who have not already signed a Consent Form. The Consent Forms already signed by homeowners are valid and count toward the 75% approval needed.
Please read the important information contained in the Frequently Asked Questions below. If you have any questions or comments, please do not hesitate to contact me or any board member. You can write to the post office box address or email Contact@FoothillsClusters.com.
What Does the Amendment Do?
The purpose of the amendment is to give homeowners a more active role in the governance of the Association.
As the CC&R’s currently stand, consent of 75% of the lot owners is required to amend the CC&R’s. The proposed amendment would allow a majority of the lot owners (more than 50%) to amend the CC&R’s.
What the Amendment Doesn’t Do?
The proposed amendment does not give the Board of Directors new powers…none whatsoever. The Board will have no additional authority to spend or borrow money, levy special assessments, or raise annual fees above the maximum limit. Such actions have always required, and always will require approval by the homeowners.
Why Does this Need to Change?
The current CC&R’s were written when only the developer and a handful of property owners were involved. It was relatively easy to assemble three-quarters of the property owners and act on amendments.
But, as our neighborhood grew and aged, homeowners have become less involved perhaps due to the complexities and demands of modern life.
The original approval requirements, which may have been reasonable when the community was smaller and younger, now pose significant barriers to efficient and effective administration of our community.
Our CC&R’s will need further amendments if we are to manage pressing issues in architectural control, controlling nuisances, preserving our mountain views and maintaining our roads to name just a few.
Without your support of this change, the CC&Rs could be effectively frozen…impossible to change.
Is the Proposed Amendment “Proper”?
The proposed amendment was prepared by the homeowners association’s legal counsel to ensure that it follows the requirements of the Association’s governing documents as well as applicable state laws.
How Will this Amendment Be Approved?
Approval of this amendment must happen under the existing CC&R’s. This means we will need to get the signatures of at least 276 Owners. The signature of only one Owner per lot is required.
We currently have about 50% of the Consent Forms needed to amend the CC&R’s.
There is no time limit in which the signatures must be collected.
Where Can I See Our Current CC&R’s?
The complete set of governing documents can be seen on the Association’s web site.