2021 Amendment Campaign
Dear Village at Alum Creek Owner:
As part of our ongoing effort to operate, administer, maintain, and reasonably protect the Village at Alum Creek community, we are proposing seven amendments we hope you will approve for inclusion in our Declaration and Bylaws that: (1) renews the deed restrictions permanently, (2) changes the types of permitted signs; (3) establishes Board architectural rulemaking authority on paints and materials; (4) prohibits above-ground pools; (5) permits sheds; (6) modifies restrictions on trash and refuse; and (7) permits energy collection devices on lots with restrictions. Your “consent” to the amendments is necessary for the amendments to become part of our governing documents.
AMENDMENT A: The Warranty Deed that governs our Association contains a provision that implies the covenants expire on January 1, 2025 but can be extended for successive 10-year periods by a majority vote of the then owners. We have learned that provisions such as this are not typical for homeowner associations, and that restrictions automatically renew unless the ownership votes to dissolve the association or the restrictions are amended. Further, since the Ohio Planned Community Act was passed in 2010, there is now a statutory framework for homeowner associations like ours to operate. This amendment clarifies that the restrictions are ongoing and may only be terminated with a vote of the owners.
AMENDMENT B: The Warranty Deed currently states that the only signs permitted on each lot is one “For Sale” sign. The purpose of this amendment is to expand this provision and allow additional signs to be placed on the lots. We believe that regulating the size of signs and number of signs permitted on a lot at one time makes sense for our community. At the same time, however, we want to be sure our property values are maintained and protected, and so the amendment also requires that the signs comply with Board rules on signs.
AMENDMENT C: As some you may know, our Warranty Deed includes provisions and references to materials that no longer exist for construction purposes and a color palette that we, as both Board members and as owners, have not been able to obtain a copy for years. This amendment removes those references and clarifies the Board’s authority to establish rules and guidelines for the paint color and materials used for siding, shutters, shingles, trim, and garage doors. The intent of this amendment is to allow the Board to create standards and to ensure that owner construction projects do not become a detriment to the rest of the owners and the Association as a whole. As our homes age, we are all benefiting from updates and renovations that are being done within our community, and our intent is that the natural and harmonious look of our community be maintained through reasonable guidelines. Further, rather than incorporate strict standards into the restrictions that must be approved by the owners, as materials and technology evolve, we believe that giving the Board reasonable discretion to approve or deny colors and materials will enable the Board to more quickly adapt to enhancements to avoid the necessity of an entire owner vote, each time an owner wishes to propose something new within the community that improves their home.
AMENDMENT D: Many of us remember the developer of our community indicating permanent, above-ground swimming pools were prohibited. However, this prohibition never made it to our governing documents. We believe the intent of the developer was to prohibit permanent, above-ground swimming pools. This amendment will therefore prohibit above-ground swimming pools, but also allow temporary, removable swimming pools, with the restrictions specified in the amendment.
AMENDMENT E: The amendment permits owners to install sheds on their lots subject to certain restrictions and prior approval of the Board to ensure that the sheds conform to the neighborhood architecturally and do not pose a threat to property values.
AMENDMENT F: There are some circumstances where we understand that owners would prefer to keep their containers outside the garage. This amendment provides us with the flexibility to allow that, as it permits containers to be stored on the side of the home as long as it is screened by shrubbery or other screening materials to block them from street view. The amendment also gives the Board the authority to adopt rules and specifications for the type of permitted screening materials to be used. We are confident that this amendment balances the interest of the owners in our community with the desire to keep our community looking beautiful.
AMENDMENT G: In an effort to become more “green” and energy efficient, installing solar panels on homes is becoming more popular. If passed, this amendment permits the Board to establish guidelines for the installation of solar panels on homes within our community. The intent is not to stop owners from improving their homes or saving energy, but to create architectural standards to ensure that such projects are visually appealing and consistent with the existing character of our community.
75 percent approval of the Association’s voting power is needed to pass each amendment. Voting remains open until the amendments are either approved or they fail. Whether you are in favor of or against these amendments, please sign, date, and return the enclosed “Consent Ballot” to our property management company, Vaughan Group, Ltd., in the enclosed, self-addressed, stamped envelope. We appreciate your prompt response.
Should you have any questions about the amendments, please feel free to contact any Board member via the Contact HOA button on the website or Paola Collazo our management company representative. Thank you for your time and participation.
Sincerely yours,
THE BOARD OF DIRECTORS, VILLAGE AT ALUM CREEK HOMEOWNERS ASSOCIATION, INC.