The meeting focused on updates to the RCC CC&Rs, with Quinn, the attorney, explaining key concepts such as ownership, use, maintenance, and insurance. The amendments aim to bring the CC&Rs up to date with statutory changes and clarify responsibilities, particularly for townhomes and single-family homes. Key points included the HOA's responsibility for common areas, the need for townhome owners to maintain their own water lines, and the potential for rental caps in townhomes. The board emphasized a polling process to gather community feedback before finalizing the amendments, ensuring fairness and majority support. The meeting covered various aspects of the RCC CC&R updates. Key points included the importance of calling the police for trespassing and liability issues. The board composition was clarified, emphasizing the need for three members from townhomes and two from single-family homes. Issues like board vacancies and potential legal action to appoint members were discussed. Parking management and the possibility of implementing parking permits were addressed. The process for amending CC&Rs, including vote timelines and mortgagee approval, was outlined. The introduction of a reinvestment fee upon home sales was also discussed, with potential implications for both single-family and townhome residents.
Send out a poll to the community to get feedback on specific items in the proposed CC&Rs, such as the deck maintenance, rental restrictions, and parking rules.
Incorporate community feedback and prepare a final draft of the updated CC&Rs for a community vote.
Clarify the process for suspending an owner's right to use the recreational facilities, ensuring it is not done arbitrarily.
Outline
Introduction and Meeting Setup
Scott Reid initiates the meeting, confirming the presence of Quinn, the attorney who drafted the new CC&Rs.
Scott Reid suggests sharing the new CC&Rs with everyone and using the chat or hand-raising feature for questions.
Quinn - Attorney explains the four main concepts to keep in mind: ownership, use, maintenance, and insurance.
Quinn - Attorney provides an overview of the new CC&Rs, emphasizing the importance of understanding these concepts.
Explanation of CC&R Concepts
Quinn - Attorney explains the concept of ownership, highlighting that each individual owns their unit, while common areas are owned by the association.
Limited common areas, such as driveways and decks, are owned by the association but can be used by individual owners to the exclusion of others.
Quinn - Attorney discusses the allocation of maintenance responsibilities, noting that the HOA can delegate certain maintenance tasks to owners.
The insurance requirements for townhome units versus single-family homes are explained, with specific policies required for townhomes due to shared walls.
Reasons for CC&R Amendments
Quinn - Attorney outlines the primary reason for the amendments: to bring the CC&Rs up to code and incorporate statutory amendments.
The amendments aim to clarify maintenance responsibilities, particularly for townhome units and single-family homes.
The insurance costs for townhome units are discussed, with the HOA covering certain expenses and townhome owners contributing to others.
The amendments address leasing restrictions, political and religious sign regulations, and water-efficient landscaping requirements.
Discussion on Water Mains and Maintenance Responsibilities
Scott Reid raises the issue of water mains and the responsibility for maintenance.
Quinn - Attorney explains that the HOA is responsible for maintaining water mains serving more than one unit, while individual homeowners are responsible for those serving only their unit.
The concept of benefited assessments is introduced, where homeowners can opt-in to pay for additional services like snow removal.
The discussion includes the importance of clear communication and understanding of maintenance responsibilities between the HOA and homeowners.
Rental Caps and Voting Process
Scott Reid addresses the issue of rental caps, explaining that the board will poll the community to gauge opinions before finalizing the CC&Rs.
The importance of fairness and majority vote in decision-making is emphasized, with the goal of ensuring all homeowners have a voice.
Quinn - Attorney clarifies the voting process, noting that the current documents require 80% approval, but the statute has been updated to 67%.
Various methods for voting, including in-person meetings, hybrid voting, and mail-in ballots, are discussed.
Insurance and Liability Concerns
The potential for splitting the HOA into separate entities for townhomes and single-family homes is discussed, with Quinn - Attorney explaining the risks and complexities involved.
The importance of maintaining adequate insurance coverage to mitigate liability risks is highlighted.
The potential for fair housing lawsuits due to rental caps is addressed, with Quinn - Attorney explaining that the distinction between single-family and townhome units does not constitute discrimination under the Fair Housing Act.
The discussion includes the possibility of increasing insurance policy limits to cover potential liabilities.
Deck and Fence Maintenance
The responsibility for deck maintenance is discussed, with Quinn - Attorney explaining that decks can be considered limited common areas and the HOA can assess individual owners for repairs.
The concept of shared fences and the responsibilities of adjacent homeowners are explained.
The importance of clear documentation and communication in the CC&Rs to address maintenance responsibilities is emphasized.
The potential for homeowners to choose their own contractors for deck repairs, with the HOA overseeing the quality of work, is discussed.
Snow Removal and Benefited Assessments
The process for snow removal in townhome areas is explained, with the HOA responsible for sidewalks and driveways, and homeowners having the option to opt-in for additional services.
The concept of benefited assessments is revisited, where homeowners can choose to pay for additional services like snow removal.
The importance of clear communication and understanding of snow removal responsibilities between the HOA and homeowners is emphasized.
The potential for the HOA to charge benefited assessments for additional services is discussed.
Pool and Recreational Facilities
The process for renting out the pool and the board's ability to charge fees is explained, with the board having the final say on whether to allow rentals.
The importance of clear documentation and communication in the CC&Rs to address pool usage and fees is emphasized.
The potential for homeowners to let others use the pool without paying fees is discussed, with the board having the authority to address violations.
The importance of fairness and majority vote in decision-making regarding pool usage and fees is emphasized.
Final Q&A and Closing Remarks
Scott Reid addresses additional questions from the community, including the suspension of pool privileges for non-paying owners.
The importance of clear documentation and communication in the CC&Rs to address pool usage and fees is reiterated.
The potential for homeowners to let others use the pool without paying fees is discussed, with the board having the authority to address violations.
The meeting concludes with a commitment to poll the community and gather feedback on the proposed changes before finalizing the CC&Rs.
Police Involvement and Community Responsibility
Quinn - Attorney discusses the importance of calling the police when people jump the fence and are trespassing, emphasizing liability concerns.
Scott Reid agrees and encourages community members to call the police if they notice someone in the pool when it's closed.
Scott Reid mentions that the board is willing to handle issues as a collective rather than individuals to avoid confrontations.
Scott Reid asks if there are any other legal questions regarding the drafting of the CC&Rs, indicating most questions have been addressed.
Board Composition and Extreme Scenarios
Quinn - Attorney reviews the composition of the board, stating it should have three members from townhomes and two from single-family homes.
Quinn - Attorney explains the worst-case scenario if no one wants to be on the board, suggesting the association's attorney could file a lawsuit to have a judge appoint board members.
Scott Reid highlights the difficulty in finding board volunteers and encourages community members to consider volunteering.
Quinn - Attorney notes that many communities face similar issues with volunteer board members and predicts a future where professional boards may become more common.
Parking Management and Community Input
Scott Reid discusses the allowance for the HOA to provide parking permits, especially during winter when parking is a hot topic.
Quinn - Attorney suggests drafting covenants that allow the board to regulate parking rules with a vote of the community.
Scott Reid plans to send out a poll to the community to gather input on hot topic items and then send a final draft for a vote.
Quinn - Attorney clarifies the timeline for gathering votes, stating 60 days for written consents and 15 days for ballots.
De-Annexation and Plat Amendments
Scott Reid asks if single-family homes could de-annex from the HOA, and Quinn - Attorney explains the process would require a plat amendment and city approval.
Quinn - Attorney mentions the need for a vote of 67% of the owners and the potential need for every homeowner's signature.
Scott Reid and Quinn - Attorney discuss the implications of de-annexation, including the need for easements and use agreements for community facilities.
Scott Reid confirms the next board election will be in October, with three spots available for new members.
Reinvestment Fee and Community Funding
Quinn - Attorney explains the reinvestment fee, which can be up to half of 1% of the home's value, and its purpose in funding community reserves.
Scott Reid and Quinn - Attorney discuss the potential impact of the reinvestment fee on both single-family and townhome residents.
Quinn - Attorney notes that some communities charge a setup fee in addition to the reinvestment fee, while others combine them.
Scott Reid emphasizes the importance of community input and transparency in decision-making, highlighting the role of Quinn - Attorney in providing legal guidance.
Next Steps
3
Gather Feedback
The board will continue to poll the neighborhood to gather feedback.
Finalize CC&R Updates
Work with the attorney to finalize the updates to the CC&R's
3
Vote to Adopt
All owners within the community will be able to vote on the final suggested changes.