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CC&R Amendment
Initiative FAQ’s

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May 2020

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Westbrook Village Living Magazine May 2020

Westbrook Village Association:  CC&R Amendment Initiative

In November, we conducted two Town Hall meetings with regards to a proposed amendment initiative to approve a change to the current amendment clause in the Restated Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Westbrook Village. Under today’s rules, any change to the CC&Rs needs a 75% approval from all 3910 homes. This includes any change to the amendment clause itself.

At the December 4, 2019 Westbrook Village Association Board of Directors Meeting we considered the resident comments and concerns from the Town Hall meetings and in conversations with many of you. After a lot of discussion, the Board approved changing the proposed amendment as outlined below.

To be approved any proposed change would need a “yes” vote from at least 60% of those voting, instead of a supermajority of all homeowners as currently exists. This proposal gives no extra authority to the Board. All future proposed CC&R changes will be put to a ballot with all homeowners able to participate, and with every vote counting.

It would be simple if we followed general election procedures where the majority win, regardless of how many people vote, but we need to safeguard against the potential of a “special interest” group trying to power something through. Additionally, we need to ensure that a reasonable representation is achieved. We are therefore proposing that at least 40% of homeowners must vote for any ballot to be valid. There is no upper limit on how many can vote. The more who do vote the better, regardless of the result. If you vote, you have a voice, if you do not vote you do not have a voice.

Predictably there are some who feel this is too high a hurdle, and some who feel it is too low.  The important thing to remember is that if this amendment clause change becomes effective all homeowners will have the opportunity to vote on any future proposal, and only those who vote will impact the result. Again, this proposal gives no extra authority to the Board of Directors.

We will hold another Town Hall in January 2020 to give everybody a chance to ask questions about this amended proposal, and it will be an agenda item at our January 8, 2020 Board of Directors meeting.  Board members and volunteers will be available to address your club, neighborhood group or sub-association. Our plan is that the formal paperwork for approval will be mailed to all homeowners in January 2020.

We look forward to your support in making this important change to the amendment clause, which will allow us to bring our governing documents up to date over the next few years.

Peter Atkins

WVA Board President

 

BE INFORMED – THEN YOU DECIDE!

Written Consent CCR Amendment Clause

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