Why are we doing this? In comparing the language of our original documents from the 1960’s to modern standards, we knew they were ripe for an update. Secondly, we knew that creating an updated standard language would clarify many of the original sentiments proposed by the development founder. Some of those things include; who is a member of Bretton Ridge, who is allowed to vote on proposals, how are capital expenses paid for, how does the organization collect and enforce dues, etc. Updating our documents became both an obligation and community enhancement. After a significant amount of community outreach, the HOA budget finally allowed for a legal team to review, assess, and rewrite our documents.
Since the spring of 2017, the board has been working with attorneys at Ott & Associates to hone a set of documents that we could use as a standard for neighborhood governance for years to come. The first informational meeting of homeowners is the first big step in the community responding to these changes. Please keep in mind that the board of the HOA of Bretton Ridge changes frequently, and is made of resident volunteers. These documents allow new board members to come and go, and ensures the rules and procedures won’t change in the long run – making this neighborhood sustainable for the future.
What happens if this vote doesn’t pass? The board will continue to work hard so that doesn’t happen. But, if it does, we have to figure out why, and ultimately we (or someone else) need to start this process over again. As a community organization, we need legal documents that are compliant with the law, and we need the communities’ support behind the way in which the neighborhood common spaces are maintained through the HOA. Without a passing vote, the organization and its provisions (the pool and park) could become liabilities instead of assets. Without proper legal support, the organization would lack the structure and backing to collect dues and maintain a budget substantial enough to support the pool, park and the many necessary updates. This board wants to establish a strong foothold in the community by placing a stronger foundation than we have now, one that will endow future boards with the structure to grow the community.
What if there are things in these documents now I simply cannot agree with? We have some time, and an opportunity to review many of the concerns of residents. There is opportunity to change the language of some items before a final vote by the residents. On the other side of this document, you will see three updates based on community feedback so far. Please, before voting NO, let us know what you would like to see changed. We will weigh those comments and make changes – maybe not all changes suggested – but changes that work for the good of all.
How different are the new documents from the old? At the core, they are not much different. On our website, we are keeping an open and running list of item comparisons. Paper has proven to be a challenging way to show changes in documents like these, so a side-by-side comparison is being maintained on www.brettonridge.com . The updated documents simplify and modernize language, add an updated legal description, add compliance statements for state law, and remove extraneous provisions no longer relevant. The updated docs clarify many of the ambiguous statements about dues collection, membership enforcement, property maintenance, the board’s influence on homeowners choices, and how the organization is to be financially responsible for community funds.
We hope that you can see how important these updated documents are in sustaining our neighborhood, park and pool. Please feel free to reach out to any of the board members with concerns. We will do our best to ratify these documents to achieve yes votes from all members.
Thank you for your support and involvement in our neighborhood!
Updates to Voting Packet Articles and Clauses (AS OF 8/28/17)
After the initial documents were mailed to residents, many people reached out with very legitimate issues. In reviewing these with our legal team, we have an opportunity to change them before the community votes on the final set of documents. Please join our Facebook group and bookmark our website (www.brettonridge.com) to stay up to date on any changes.
We hope to have any corrections or changes done in the next month, so we can vote and approve them as a community. Please talk to your neighbors, and get involved in how this organization can better serve the community. Here are a few changes we are making based on community feedback:
ï Exhibit A – (which was not included in your voting packet) needs to be stated explicitly. Isn’t labeled correctly as such. It is the legal description of our association and neighborhood. Currently, it is an exact copy of the exhaustive one from our original docs. This will be changed to shorten the description of the physical boundaries using GPS, and also to include descriptions of our common elements; the pool, park, tennis courts, playground, ball field, cabana, etc.
ï Declaration of Covenants and Restrictions-Article VI Section 1 & 3 —The provision that disallows buildings on a property other than houses currently implies sheds are not permitted. This will be rewritten to say that sheds and other buildings on a property must comply with city codes, removing the HOA from policing homeowners’ property, and defaulting to city codes and enforcement.
ï Declaration of Covenants and Restrictions-Article V Section 2 —The section about special assessments currently has no limits. This will be rewritten to state that a majority of homeowners in attendance at a special meeting called for that purpose is required to pass a special assessment.