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Deed Restriction Changes

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Deed Restriction Changes Empty Deed Restriction Changes

Post  Ben Wed Jun 09, 2010 6:10 pm

In order to modify the deed restrictions, I think it will be necessary to start with very conservative changes. Since 80% of homeowners are required to approve a change, the change needs to be one that virtually everyone can agree on. For example, perhaps it would make sense to propose a change that only 70% instead of 80% of homeowners are required do approve a change. Going straight into a vote as controversial as the last one is far less likely to succeed.

Second, the vote needs way more PR than the last one received. I think it would take a succinct explanation of the worst flaws in the DCC&Rs document and a lot of door knocking.
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Deed Restriction Changes Empty absolutely

Post  dparker Thu Jun 10, 2010 8:18 am

The declaration is flawed - in one part of the declaration it requires 90% to approve and no one knows which is correct. see my post about parking on the deed restriction forum
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Deed Restriction Changes Empty Voting Attendance

Post  jfontenot Thu Jun 10, 2010 11:03 am

It's too bad we cannot find some way to vote on misc. items via internet. I beleive people, including myself, are so busy and stressed these days due to everything going on that residents simply don't have the energy or time to come out to the meetings. Any spare time we have is spent with family. It would be great if we could somehow vote on whatever through a secure site of some kind.

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Deed Restriction Changes Empty our commitee...

Post  dparker Thu Jun 10, 2010 12:30 pm

discussed this at length. we even proposed going door to door with petitions, extending the voting session for months, allowing people to vote at the community center or by mail, etc.. it all fails when you factor in voter apathy. Approximately 25% of the residents are renters now and its estimated that 20% are moving out or moving in within 3 months. Absent homeowners are going to be difficult to reach.
- The declaration is a farce. If ever challenged in court it would be deemed too full of inconsistencies to be lawfully enforced. The threshold of necessary voters is but one example. One section of the declaration declares 90% must vote and approve, the rest dictates an 80% threshold. Couple this with non-conforming enforcement of certain restrictions, re-interpretation by the board about meanings and punishments available and we're stuck with a time-bomb for liability in a courtroom.
I'm fearful that our rates will have to go up in the event someone seriously stands up to the HOA and files a lawsuit.
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Deed Restriction Changes Empty Deed Reform

Post  DEberwein Thu Jul 08, 2010 6:58 am

The problem that I see is that people like to complain, but do nothing in a positive matter to effect change.

The committee was form and changes proposed, but when it came down to business and trying to get the word out. No-one bothered to show up.

I have been at the community center every second Thursday since the conception of the committee, Many nights to sit there by myself for 20 minutes. I will continue to show up the second Thursday of each month until .

Would it be right to ticket someone for going the posted speed, if the posted sign was incorrect?

The builders and developer put up the Fences- not the home owners. The developer, then declarent, had the right to do whatever he deemed viable. The fences were built under that term, and variance to the DCCR granted.

Mr Parker rather than attempt to get everyone upset, help me work to make the changes

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