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The Amendment Campaign that began Sometime in December 2014 ended on March 31st 2020. There were four amendments included in that campaign. Three of the four passed.
These have been filed by the HOA’s attorneys with the State of Ohio and are part of our governing documents. Below is a synopsis of the four amendments and their status.
The new language will be incorporated into the Bylaws (Amendment C) and the Warranty Deed Restrictions ( Amendments A and B ). Amendment D did not pass.
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Amendment A
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Passed
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2014 the Board of Directors (at that time), working with the HOA’s Attorneys, put together four amendments to our governing documents. Early in 2020 the HOA finally obtained the necessary votes to pass three of the four amendments.
Passing amendments to our governing documents is intentionally difficult. And as residents move out of the neighborhood, their votes can no longer be counted. This is the reason it took so long to move this campaign forward to completion.
Two of the successfully passed amendments impact the Warranty Deed Restrictions. This governing document requires 75% of eligible Members to vote in the affirmative to pass an amendment.
One of the successfully passed amendments impacts the Code of Regulations (By-laws). This governing document requires 67% of eligible Members to vote in the affirmative to pass an amendment.
In May, the amendments were filed with the State of Ohio.
You can read the exact language incorporated into these two documents here https://villageatalumcreek.atlassian.net/wiki/download/attachments/679936122/2020 Amendment Filing.pdf?api=v2.
The following is a recap of what was changed to each document.
Changes to the Warranty Deed Restrictions
Amendment A – Section 2.25 was added to prohibit certain classified Tier II and Tier III sexual offenders/child-victim offenders from living in our community.
Amendment B
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Passed
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Allows the HOA to send regular mail.
Previously the Bylaws allowed for regular mail but the Warranty Deed Restrictions required certified mail.
Now both documents allow communications to be sent using regular mail, saving the HOA money.
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Amendment C
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Passed
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The new term for a Board member will be three years with staggered membership. We avoid having five new Trustees in any given year. Staggered terms should result in a passing on of information and processes to new Trustees.
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Amendment D
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Failed
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– Section 9.02 was replaced with language permitting the mailing of communications to homeowners via regular U.S. mail rather than by certified mail. The Warranty Deed Restrictions language is now aligned with language in the Code of Regulations.
Change to Code of Regulations (By-laws)
Amendment C – The fifth sentence of section 4.01 was deleted and replaced with a new paragraph extending the term of a Trustee from one to three years. Trustees will serve staggered terms so there are always experienced Trustees on the Board that can acquaint and train new Trustees.
Amendment D, which limited our ability to rent homes in the community, failed to obtain the required percentage of affirmative votes.
If you have questions regarding these changes, please use the Contact HOA Trustees option on our website.
Sincerely,
Your Board of Directors