GOVERNING DOCUMENTS

Amendment Proposal

A great effort to improve the value and service to all homeowners in the neighborhood.

Proxies and Ballots

In accordance with the requirements of the Governing Documents for Exeter Homeowners Association, the requests of homeowners for action on certain issues, and to provide the best value and service to the residents of Exeter, the Board of Directors has begun the process to amend the Governing Documents. This process is difficult and represents a significant undertaking as it requires 66%, or 553, of the Owners in Exeter to vote Yes to approve each amendment. As such, the Board is requesting a response from all homeowners. These amendments are aimed at improving three key areas:

 

  • Amendment 1: Assessing violation charges for lot violations, such as derelict or abandoned homes.

  • Amendment 2: Developing parking rules for Association parking lots (townhomes only)

  • Amendment 3: Recovering attorney’s fees in court cases required to enforce covenants.

 

As part of this, the Board has hosted one Town Hall in March and will hold another Town Hall in the Fall of 2020. The Board is developing a policy proposal to be considered for Amendment 1 that will be available for comment prior to a vote. For Amendment 2, the Association shall solicit additional feedback on parking policies if this effort is approved. For Amendment 3, no additional policies would be needed. The simplest way to help support this effort is to complete the Proxy and Ballot and return to us. These can be found here.

Amendment 1: Assessing violation charges for lot violations, such as derelict or abandoned homes.

Summary of Amendment: Clarifies the Board of Directors the authority to (i) assess violation charges against owners for lot violations and (ii) suspend parking rights for violations of the covenants or rules and regulations.

Amendment Language: Add the following language as Article V, Section 1(j):“(j) The right of the Association to assess charges against an Owner and/or suspend an Owner’s right to use facilities and services of the Association, including the right to park on the Common Area streets and related parking facilities, or the right to use of the Common Area recreational facilities, for the Owner’s violation or the violation by his or her family members, tenants, guests, residents or other invitees of any provision of this Declaration, the Bylaws or the rules and regulations of the Association, after notice and an opportunity for a hearing have been provided to the Owner.”

Amendment 2:  Developing parking rules for Association parking lots (townhomes only)

Summary of Amendment: Clarifies the Board’s authority to enforce parking violations on common areas and clarifies the Board’s authority to assign parking on common areas.

Amendment Language: Restates Article X as follows: “The Association, through its Board of Directors, shall promulgate such rules and regulations as needed to regulate the use of any private streets and parking areas located on Common Areas for the benefit of all Owners, which rules and regulations may include assignment of parking spaces. The Board of Directors shall have no obligation to assign an equal number of Common Area parking spaces to each Lot.  The Board of Directors shall have the authority to suspend Owners’ right to the use of such spaces, tow any vehicles without notice, and impose violation charges on a Lot for the infraction of such rules and regulations.”

Amendment 3: Recovering attorney’s fees in court cases required to enforce covenants.

Summary of Amendment: Clarifies the Association’s authority to recover attorney’s fees in the event of litigation to enforce the covenants or rules and regulations.

Amendment Language: Add the following language to Article V, Section 1: “If any litigation for the enforcement of these covenants, conditions and restrictions or any rules and regulations adopted pursuant thereto is initiated, the prevailing party in such litigation shall be entitled to be reimbursed for reasonable attorney's fees incurred in seeking such enforcement.”

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