
Revised Governing Documents - Serious Issues...
Introduction of subassociations. Unless specific intentions are defined in the Declaration, these could easily become uncontrolled separate entities with their own rules and zoning. Lawyers will deny this because they thrive on conflict. If you want a old-folks home, say so in the Declaration! Don't alienate people by allowing neighborhoods to secede and make their own rules. Don't pave the way for condos, apartments and commercial structures. Wasn't multiple sets of rules the argument for revision in the first place? All references to subassociations should be deleted from the proposed governing documents.
Unrestricted Addition of Land. Allowing the Declarant to develop the community past the right-of-ways which border it puts undue strain on infrastructure, common areas, beaches and the lake. It complicates security and costs thereof. The community is naturally contained by Rts 701,703,705 and 522 and should remain so. Otherwise, any adjacent farm could be purchased, 1000's of units built, and all occupants admitted to the lake. Placing this discretion in the Board's hands is a huge mistake. Any expansion proposal should require a community vote. The provision needs to be removed.
Withdrawal of Land. Puts the Association over the barrel. With this clause in the Dedication, one default of the Development Agreement could result in significant loss of assessable lots and revenue. Acceptance of the documents condones this provision by the voting community. It needs to be removed from the Declaration.
The Declarant can advertise a house-for-sale whereas a resident cannot. This gives the developer a unfair sales advantage and should not be approved by popular vote. The same rules should apply to both.
Home owners cannot store boats on their own property even if hidden from sight. This is a boating community and where space permits, boat storage should be allowed on sides or rear of houses not facing public streets.
Boat permits may be regulated by the board and will not be nontransferable by sale of homes. If invoked the lake either becomes a paddle lake by attrition - or Developer buyers could steal privileges from older lots. Current property values are due in part to boat and dock privileges, which if revoked would be seriously impaired. The Board should not have the right to monkey with residents assets. This provision needs to be removed from the Declaration.
Different Architectural Rules: New and existing homeowners may not be bound by the same architectural rules because the rules are removed from the new Declaration, and reside only in the Guidelines for Initial Construction. This document is easily changed by a Board whereas the Declaration requires a 67% vote by residents. So what happens when the Developer decides to build condos and apartment buildings? Eh?
Protect your rights - Insist on revisions - Vote "NO" as is!