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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 you’re 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! We’ve all made small
mistakes so if the violation is remedied or the appeal granted that’s the
end of the story. No fine, you’re 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 don’t 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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