Ashford Three Owners Association

New Covenant Changes....

Jun 10, 2003

After all the votes were counted by a panel of volunteers at a special meeting of the homeowners on May 30th, the results clearly indicated you wanted change. All of the suggested amendments to the Covenants and Restrictions of Ashford Unit Three were approved.
We though it was prudent to outline in this newsletter what the changes mean to everyone. We have also updated out Web site and are also including a printed copy of the First Amendment for you to add to the package of covenants we mailed you.
The first area in the covenants that was amended was Item 4, Covenant for Maintenance Assessments. The association will now assess a 10 percent late fee plus certified mail fees for those owners who do not pay their annual or special assessments on time. The association will also print the ?“must be post marked by?” date on the annual invoice and will post it on the Web site so that there will not be any confusion as to the cutoff date before any late fees are assessed. The association uses a postmark date verses a due date as this is the fairest way to determine proof of mailing. This is the same system the Internal Revenue Service (IRS) uses.
In addition to this change to item 4, the covenants in this area were also amended to add the provision that allows for ?“Special Assessments?” against those homeowners who ignore all written requests to bring their property into compliance after a violation is noted.
There will be a 60-day transition period after the rules and procedures are published before any special assessments will begin. The Board of Directors is planning to meet shortly to approve the procedures and fine structure. The date of their meeting will be posted on the association?’s Web site.
Once the fee structure and procedures are in place, every homeowner will be provided a copy and the association will publish this information on its Web site.
As of this newsletter, the proposed procedures under consideration by the Board are to send a homeowner written first notice of violation and give them 30-days in which to correct the problem or 10 days to submit written plans (by mail or E-Mail) to correct the violation.
If an homeowner does not correct the problem or respond within the time period allowed, then the property would be re-inspected and the homeowner would be sent a second written request to bring the property into compliance.
They would be granted an additional 30-days in which to make the corrections and an additional 10 days in which to submit a written restoration plan to the association.
If after 60-days the homeowner has still ignored all requests to bring their property into compliance, the property would then be re-inspected and the homeowner would be sent a third notice of violation by certified mail. This time though, they would only be given an additional 10 days to make the corrections or submit a restoration plan.
After this 70 day period had elapsed without any response by the homeowner, the association would then decide to impose a fine (they are not automatic). The association would also direct the property be re-inspected every 10 days for compliance and if no action is taken by the homeowner, decide to impose additional fines up to a limit of $500.00. (State statutes allow up to $1,000.00 in fines) At that point a lien would be filed against the property and the association would seek a court order to bring the property into compliance.
Remember, the association?’s goal is not to fine anyone but to solicit corrective actions if a property?’s condition deteriorates or there are other violations of the covenants that need correcting.
Every opportunity will be given to an homeowner to correct the problem or to submit written restoration plans, especially if the project would take several months. We understand that in the case of weed infestations, treatment can take several months to get the problem under control. If a homeowner would simply inform the association that treatments are in progress they will not receive further letters of violation from the association. This way the association can monitor the property while giving an owner the opportunity for the treatments to work or to make the necessary repairs. The association also has a written record that an owner is working to correct the problem.
Probably the most welcomed amendment to the covenants was the change that allows boats, RVs and other vehicles to be parked on approved surfaces next to a home and behind a fence. There were several of you who attended the homeowner?’s meeting that were worried this provision would not be approved. Now that is has been there will never be a worry that a future board could decide to enforce the old provisions that totally banned these type of vehicles from being visible from the street or on the side of your home.
We are sure that those of you who own boats, RVs or trailers will enjoy the ability to have a new concrete driveway poured to add a parking space for these type of vehicles. Just remember to submit the necessary architectural control committee approval form, available on the association?’s Web site or by mail, if you plan on having a driveway extension added or erecting a fence to park your vehicle behind.
The last item approved was an amendment to Article III of the Bylaws for the association (also updated on the association?’s Web site). This amendment extend the term of service for the Board of Directors from 12 months to 24 months (does not apply to the current Board) and sets in place a rotational schedule in which on even years two of the three seats would come up for election/re-election and on odd years one seat would come open for election/re-election. That way the Board does not completely change each year as has been the case for the past three years. Having a two year term will help the stability of the association and keep at least one experienced member on the board.
The final two items related to administrative decisions: Approval for the continued expenditure of association funds for recreational activities such as block parties, family outings and other similar events. As a result of your approval the board is seeking a new committee chair and at least three committee members to plan future recreational activities. If you are interested, please call the association?’s 24-hour phone number (564-9194) and leave your name and phone number or you can E-mail your name and contact information to: ashfordthree@netscape.net. The Board will contact you with details after it reviews all the applicants. In the mean time the association will hold off on planning any further events until we have a committee in place.
The last item approved was for continuing the monetary awards of $50.00 for first, and $25.00 for second and third place in the Yard of the Month contest.
Thank you to everyone who voted and turned out at the special meeting, it was rewarding to see such a great response to these proposed changes ?— changes we know will help the association become more efficient, consistent and fair.