[Nhhoa] New By laws and covenants’

Thu Feb 12 17:41:30 CST 2009

Before I respond to Mr. Smith, I'd like to share four specific emails from our HOA attorneys.  The first two speak about the project; the latter is the attorney's opinion about our current documents & the operating costs if we remain as we are.  The team isn't seeking accolades; I'd just like to share our hired professional's commentary.

#1 "Kimberly,

I need to make changes to Article IV, Section 4 to give the Membership the veto rights you indicated the committee wants.  I will be the person cross-checking the page references, and thank you for sending the Declaration without the redlines.

I hope they acknowledge all the work you have done at the meeting tonight.  I appreciate it, but it would be nice if the membership also knew how hard you have worked.

Carol"

#2"Kimberly,

 I have finished my review of your revisions to the Bylaws Draft.  I think that the Committee did a great job with its additions.  My revisions and responses are in red.  Please let me know if you have any further questions.  

 Carol"

#3"Unfortunately, your covenants were so poorly written that they are the only ones I have ever seen, which do not contain a provision for ‘Right of Entry and Abatement’.  Normally, an association would have the right to maintain the Lot and assess any expenses against the owner.  Your covenants do not have these types of provisions. 

Michael"

#4 "One of the main reasons for passing the amendment is so the burden for paying attorney fees for collection are shifted from the Association (all the homeowners who pay on time) to the delinquent homeowners. This will probably save many thousands of dollars over the years.

 Michael"

Scott:

A licensed Realtor, who lives in the neighborhood,  was on the team that worked on the governing documents.  We leaned on her expertise heavily as we did the HOA attorney.  The intent of the documents is to protect the long-term value and beauty of the community.  Every situation cannot possibly be addressed but we tried to cover the things that met those goals.  We also went back to the survey that was conducted in October.  The most important results were:

64.4% said it was extremely important to be able to respond to lots that weren't in compliance

88.9% said it was important to limit amenity access to homeowners and guests.

57.1% said it was extremely important that the new documents limit leased homes.

55.3% said it was extremely important that the Board allow concessions in hardships.

The full survey results are available in the Members Only area of the website.

A Board can always allow for concessions in hardship.  We didn't create the content to be difficult and I would hope that future Board members wouldn't use them to create animosity.  In that vain, should we have future Board members who are excessive, they can be removed with a majority vote.  This is a democracy and it should work to the overall betterment of the community.

To your point about community reputation, I just recently met a Buyer's agent who raved about the neighborhood and his client just put a home under contract.  We want this neighborhood to be known for it's kind residents and beautiful homes.  

Roger created this online tool to improve communication within the neighborhood.  I'm always happy to see it being used.  I try to be a good steward and don't want to alienate you or anyone else.  BUT, I won't tolerate your passive-aggressive insults any longer.  Why won't you simply illustrate your concerns and/or objections in a factual manner that's not accusatory? It's difficult to respond to a complaint that's vague and broad.  You give me little to work with and I wonder if that isn't intentional.  So, at this point, I have no idea what you have problems with.   Keeping our current documents isn't an option because they're not GPOA compliant.  We had no choice but to start with agreements that were based on the GPOA.  

Every single activity and penny spent is completely transparent.  Every home owner can access complete accounting records and can attend every Board meeting if they should choose to do so.  I can't control if you contribute but insinuating that there are hidden agendas within this project is intolerable.  We try to build credibility by offering open communication and open records.  It's another reason why I built comparison tables so that folks could quickly cross-reference.  It was offered to help people; not sway decisions.  

It's also unfortunate that you should associate unethical behavior with a profession.  I know of one car salesman in the neighborhood that would take great insult and I wouldn't blame him. 

Neighbors:

Let me stress, vote as you wish.  I just ask that you review the content with an open mind vs. an immediate negative or defensive posture. And, I suggest you take Scott's advise and be sure you know what you're aligning with.  The best way to understand the intent, and to have productive conversation, is to attend the meeting on February 21st.  We had already planned on providing projected redline versions to refer back to for specific questions.   

Anyway, we hope to see everyone there!

Good evening,

Kimberly

  ----- Original Message ----- 
  From: smith 
  To: 'North Hampton Homeowners Association' ; monee101 at yahoo.com ; jamiew21 at bellsouth.net 
  Cc: lleckwold at mycingular.blackberry.net ; 'Scott Smith' ; vsmith2 at alfains.com 
  Sent: Sunday, February 08, 2009 6:24 PM
  Subject: Re: [Nhhoa] New By laws and covenants’

  As most of you are receiving the mailer from the board please be sure you know what you are signing. I am not trying to start an argument but would like to make the homeowners think about what they are giving up.

  Since the board failed to show the changes that they are changing from with items underline or highlighted it is up to you to compare. Please do not just sign this but educate yourself about what you are signing. You are giving up rights you currently have and are giving the board say so over your day to day life about property that you bought and paid for with your hard earned money.  We do not want to become one of those communities that you hear about from other people where no one wants to live there because the board is to strict. Ask a realtor and most will tell you if there is strong convents’ in place and a radical board in place, houses will not sell.

  I am sure the current board has the best of intentions, but keep in mind they will not always be the board. These changes may sound good now, when they are not  directed at you, but at another homeowner not conforming to the rules for some reason. In these economic times the tables could turn over night with a change in your financial picture and you might be unable to conform to the rules yourself. This would become a bad situation if you were unable to make changes the board was be demanding and they place a lien on your property making a bad situation worse.

  Again please educate yourself, because asking a board member who put these changes together, is like asking a used car salesman if the car you are about to buy from him is in good shape. 

  I would agree that some basic changes need to be made to some wording, but these changes go too far.   I also do not understand why the board is spending money on this when they should be bracing for how many homes will unable to pay their dues this year due to job losses. I would think this money could be better spent or even banked.

  Scott Smith

  13 Vineyard 

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