Barb's Farm Community

PROPOSED PROCEDURAL ADDITION TO CORP BYLAWS

Prior to 2008, our association assessment fees had increased each year as a result of prior Board members' attempts to persue legal actions against homeowners for perceived violations regardless of the nature of the infraction (small - of little or no significance to home values; or for an infraction perceived to be significant - having a possible impact on home values). 2006/07 Board members attempted to significantly increase annual assessment values for legal fees to take homeowners to court for these perceived violations; as well as, to pay legal fees incurred as a result of a careless action. (Please recall the assessment fee of $530 proposed to us in the budget for 2008, by the outgoing board, which was overturned by the community and the new 2008 elected Board). Although it's been proven time and time again, many of these lawsuits are lost by associations and can cause further significant cost to association members in the form of much higher assessments. 

In an effort to prevent unwanted lawsuits being initiated and pursued on the association's behalf unnecessarily, and maintaining a reasonable assessment fee, this Board has prepared and proposed procedures that they feel would be beneficial to future elected Boards. These proposed procedural changes were presented to the community at a meeting in June 2009. As mentioned at the meeting, It is their hope that with these procedures and guidelines being added as an amendment to our Corporate Bylaws, it would prevent Board members in the future from imposing their own rules as they see fit without considering the impact on the community, and association as a whole.

During the past 2 years, it seems this Board has worked very hard to be fair to all homeowners who are the members of our association. Although they are your elected Board, their main goal is to maintain the common areas and open spaces. It is both fair and appropriate to ascertain the Board has the approval of the members of the association before pursuing legal action against homeowners for perceived violations - other than non-payment of assessment fees (which is required to pay the expenses to accomplish our main goal of maintaining the common areas and open spaces).

Therefore, please read the proposed procedural amendment (forwarded by Emory Hill) for a better understanding of what the Board is proposing. Please come to the meeting with your ballot to Approve or disapprove this being added to our Corporate documents.

I hope to see you at our always important, annual meeting Tuesday evening at 6:00 at the Delaware City Library.  If you are unable to make it to the meeting, please be sure to return your ballot to Emory Hill.

submitted by Crystal Moore, a homeowner