News Notes
Update on Possible Amendments
Posted on Jan 13th, 2023

Last year we conducted a survey on several issues. The purpose of the survey was to determine if there is widespread support for amending the covenants as it relates to:
  • changing the date of the annual meeting to allow more flexibility in the date chosen
  • increasing the number and/or type of signs allowed
  • sending official notices via email instead of US mail.
We asked our association attorney to provide an opinion on the possible amendments. 
He warned us of the extreme effort, and cost, associated with getting the number of votes required to make changes. Bylaws amendments require 66 2/3% vote by the membership and the vote must take place at a special or annual meeting. To amend the Covenants, 51% of the membership must affix their signature to a document showing their support. Passing either type of amendment is a monumental task considering there are over 2200 homes, and the survey results showed that less than a majority supported each amendment.   
 
Our attorney advised that sending some of our required notices by email would put our association at risk for a number of reasons. A few include:
  • Some members do not use email
  • Relationships change (marriage, divorce, relocation, retirement, death) and with these changes emails on file with the LCOA can become meaningless, and 
  • Some notices required/allowed to be sent to owners are much more important than others (e.g., nonpayment of assessments, unkempt/unsightly property).
He advised us as to the importance of the activities that take place at our annual meeting and that having a specific date is crucial because members can plan to attend as the date is set so far in advance.
 
The survey results showed that we do not have widespread agreement on the number and types of signs allowed. 
 
Based on our attorney's guidance we will not pursue amending our bylaws and covenants at this time.