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Vote on Amendement to Deer Park's Covenants, Codes, Restrictions and Easements (CCREs)

Note: This is just a test version of the site and survey.  This vote will not go live until we e-mail homeowners with a start and end date.

Overview:

All homeowners within Deer Park agree to follow a set of rules called Covenants, Codes, Restrictions and Easements (CCREs).  By and large, the large majority of our homeowners follow these rules without incident.  However, there occasionally arise situations in which homeowners choose not to follow the rules. Your HOA board can ask an offending homeowner to cooperate, but if they choose not to, our only remedy is to take the homeowner to court.  This is certainly an extreme remedy, potentially quite costly, and just not fair to the majority of our homeowners that follow the rules.

Last summer the board began the process of amending the CCREs to include provisions to fine homeowners that choose not to comply with the rules (only after adequate notice to the violator, a chance for the homewoner to appeal, and only as a last result to encourage compliance).  We discussed this at our annual board meeting and put it to a homewoner e-mail vote, but it became clear that we hadn't done a very good job explaining what we were proposing and that many homeowners were concerned and confused. 

Although the number of people that violate the CCREs is very small in any given year we still need a way to encourage the small number of properties that do violate the CCREs to comply with them. The Board has proposed a "middle of the road" approach to avoid extremes like going to court. This gentler approach puts the cost back on the violating homeowner through a simple warning and fine structure.

In summary, the proposal states that we will give a warning of any CCRE violation first. Homeowners will have at least 10 days to remedy the violation. If you feel you have not violated the CCREs, you will have at least 3 days to appeal the violation. If youíre out of town, the dog just died, or you just plain need more time, you need only ask.  Your board members are fellow homeowners and are reasonable people!  Weíve all made small mistakes so if the violation is remedied or the appeal granted thatís the end of the story. No fine, youíre good to go.

However, if the appeal is not granted you must remedy the problem within 10 days (or ask for more time to do so if you need it). If you donít remedy the problem, or if you repeat the violation within 30 days, then the board may levy a $100 fine, with a daily late charge of $15/day until the issue is remedied and paid.  This puts the incentive and burden on the violating property owner to fix the problem.

Without this change, litigation is the only tool we have to encourage the very few homeowners that don't follow the rules to do the right thing.  This negatively impacts the whole community, and ultimately leaves the majority footing the bill for the small minority that choose not to comply.

The Deer Park Homeowners' Association Board of Directors recommends that all homeowners vote yes to approve the amendment.

 

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Site last updated: 1/26/2015
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