HIDDEN GLEN HAPPENINGS
Hidden Glen HAPPENINGS
APRIL 2012
VOLUME 4 ISSUE 4
News for the Residents of Hidden Glen
NEWS FROM THE BOARD To better reflect the needs of our community, the Hidden Glen HOA Rules, Bylaws, and CCRs (deed restrictions) will be amended and submitted to residents for approval in the near future. WHY IS THIS NEEDED?
The developer used “cookie cutter” language that is not tailored to the community making it difficult for the Board and management company to clarify enforcement policies The state legislature has recently passed several laws that make the existing documents out of date, resulting in a patchwork of additional resolutions Recent complaints by residents regarding street parking and landscaping violations have highlighted the need for improvements WHAT IS BEING DONE?
The Board has retained Niemann & Heyer LLP, a law firm specializing in HOA representation to assist in drafting revisions to the HOA documents, consolidating and simplifying wherever possible Once completed, the revised documents (revised declaration) will be submitted to each lot owner for a vote, requiring the approval of at least 50% of lot owners in order to affect the changes HOW DID WE GET HERE? Because the developer simply borrowed the language for our CCRs, etc. from other neighborhoods, there are many instances where the documents themselves are dated or don’t even agree with one another. In other cases, the documents are either silent or non-specific on issues pertinent to Hidden Glen. This is why the ARC Guidelines were developed, for instance. In addition, the laws concerning HOAs recently passed by the state legislature required us to quickly adopt resolutions in order to be in compliance and preserve our existing rights, adding even more documents to the collection that govern the neighborhood. Additionally, some of the concerns that have come up recently Copyright © 2012 Peel, Inc.
have challenged the Board’s and Goodwin’s understanding of what the HOA’s obligations and rights of enforcement of the deed restrictions are – in other words, not only what can we enforce but what should we enforce. In particular, street parking has been an issue that caused much discussion both at the annual meeting and in subsequent emails. The Board had been previously advised that our enforcement ability in this area was limited by the fact that the violation was occurring on city streets and therefore on public property. However, Niemann & Heyer has advised the Board that the restriction is enforceable and fairly common in neighborhoods like ours. The legality of city street parking does not limit the enforceability of the private contract that is our deed restriction. Niemann & Heyer also advised the Board regarding our approach to enforcement of CCR provisions such as parking. WHAT WAS DECIDED?
The HOA is not required to actively “patrol” for noncompliance situations, though we do contract with Goodwin Management for a monthly drive-through. However, when properly informed of an issue, the HOA has full right of enforcement, including in public areas. This is because the deed restriction covenant is between and among the HOA and the lot owners and is a condition of ownership of property within the neighborhood. Additionally, the HOA is not required to build a case of nonconformance against a homeowner and may instead require the individual filing the complaint to provide evidence of the violation. VIOLATION REPORTING PROCESS
Violations observed by residents must be submitted to Goodwin Management in writing (letter or email) First notification of a violation will result in Goodwin sending the resident a courtesy letter reminding them of the neighborhood rules If notified that the violation has continued, Goodwin may require the resident submitting the complaint to provide evidence to support the claim, such as photos or a log indicating the dates, times, and duration of the violations With valid supporting documentation, Goodwin will then send the (Continued on Page 2) Hidden Glen Happenings - April 2012
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