Proposed CC&R Documents

The much-needed final version of our new CC&Rs is now posted in the Library section of our Association’s website.  These new CC&Rs have been approved by our Association’s attorneys, and the Board has voted unanimously to send them to all Owners for your consideration.

The website now has:

• The final draft of the CC&R document
• A redline comparison of the final draft (dated 6/7/24) with the previously circulated 1/22/24 draft
• Tract #4472 Greenbelt Easement Area map previously circulated
• Exhibit C of the CC&Rs which was derived from the earlier map and shows the boundaries of the Greenbelt Easement Area in detail with measurements that will be recorded with the County.
• A copy of this letter.

Hard copies of the documents can be requested from Elizabeth Reed. A hard copy of the entire CC&R with exhibits also will be included in any forthcoming ballot packet.

The next major step in the process is to hold a Town Hall meeting on July 18 at 5pm at the South Shores Church to address concerns and answer questions. This is an important step towards sending out ballots and obtaining the requisite two-thirds vote of the homeowner required for approval.

The new draft contains changes suggested by homeowners after circulation of the previous January 22^nd draft. Many comments were received, all were seen by the Board and answered. Not every one of these resulted in a change to the document after the importance, frequency of the request, legal requirements, and the availability of alternative ways to deal with issues were weighed. The major changes incorporated since the January draft are the following:

The definition of the part of Tract #4472 that is privately owned by members but designated by an easement for common use and maintenance, and previously referred to as “The Mall”, has been changed from Common Area to Greenbelt Easement Area. The Greenbelt Easement Area is depicted in detail on the map included as Exhibit C to the CC&Rs.

Language has been included requiring that neither the Association nor a member may file a lawsuit against the other without first requesting Alternative Dispute Resolution such as mediation or arbitration. It clarifies the existing requirement for homeowners to reimburse the Association’s legal fees resulting from a homeowner’s noncompliance with our governing documents. Our Architectural Guidelines are part of the governing documents.

Several sections regarding garages, driveways and parking have been removed from the CC&Rs and will be dealt with in separate rules to be adopted by the Association.

The Board hopes that this new set of CC&Rs will meet with homeowner approval.  We need to update this important governing document to appropriately reflect the many changes that have occurred since 2012 when they were last written and since 2020 when the ground lease terminated.