BY-LAWS AND COVENANTS COMMITTEE
Meeting Minutes
January 13, 2011
Present: Gabe Cinquegrana, Britta Anderson, Marty Blumenstock, Kevin Austin
Absent: Linda Perkins, Mike Dertzo, Jo Ann Charles, Judy Graper
Gabe opened the meeting stating the objective of the meeting was to finalize the Straw Poll before posting on-line, however the Budget issue now would be included in the mix based upon the results of the Preference Survey. A review was made of the preliminary changes Gabe had made to the Poll, and changes Britta made were also discussed. Final language and process was decided.
Britta will consolidate changes to the comparison sheet to be used with the Straw Poll and forward to Gabe for formatting into the website. Gabe will wait until the Board approves the results of the Preference Survey before the Straw Poll goes live.
As results from the Straw Poll are collected, Gabe will compare to Homeowner Directory and will send reminders to those not responding reminding them of the need to meet the guidelines for number of votes required to make changes.
November 8, 2010
Present: Gabe Cinquegrana, Mike Dertzo, Joanne Charles, Marty Blumenstock, Kevin Austin, Judy Graper
Absent: Linda Perkins (Florida), Bill Thompson, Britta Anderson
Gabe opened the meeting by introducing and welcoming Marty as the newest member of the Committee. Gabe handed out as a review the mission of the Committee, and it’s current membership count of 7 and 2 Board Representatives. Members should encourage others to join this and/or other Committees.
There was discussion of the proposals to change the C&BLs and the process for presenting to the HOA Membership. Gabe reviewed the Website based Straw Vote process and format from last year, and it was agreed to do the same process with the issues presented on the website with voting boxes for residents to fill out and submit. Gabe will prepare the documentation that will be put on the website, but forward to committee members for their review before going “live”.
Gabe mentioned that the only proposed item that will not be included in the Straw Vote was the issue of adoption and approval of the annual budget and assessment. Gabe and Kevin reviewed the background and dilemma that the issue presented, and the Board’s desire for community review in the form of a Preference Survey. The Committee agreed that this issue should not be part of the Straw Vote, and should be a separate issue raised to the Community by the Board. There was also discussion that both in the Straw Vote and the Preference Survey there should be an effort to not “over detail” the presentation of these items as complication tends to result in disinterest.
It was brought to the attention of the Committee that a concern had been raised regarding garage sales and how they invite the “wrong kind of people” into our community. In discussion it was brought out that this is not a “gated” community, and we can not prohibit anyone from entering for what ever reasons. It was felt that the advertising for garage sales, per HOA policy, is limited and that the advertising and signage for selling a House in the Community has the same invitation affect as a garage sale but we can’t prohibit that either. In addition, we have a great number of “drive-by lookers” all the time who could be checking us out or just enjoying our community, but we can’t control that either. It was agreed that while there are inherent dangers in everything we do, and residents should be aware of privacy and take their own steps to guard their privacy, that this issue does not warrant action by this Committee.
Gabe introduced the fact that he has been Chair of this Committee for well over a year and felt that other members of the Committee should be given the opportunity to Chair the Committee if desired. The floor was therefore opened for nominations. Joanne nominated Gabe to continue as Chair, Kevin seconded, there were no other nominations. Gabe was voted in to continue as Committee Chairperson.
Respectfully Submitted,
Gabe Cinquegrana, Committee Chair
February 18, 2010
PRESENT: Britta Anderson, Gabe Cinquegrana, Kevin Austin
ABSENT: Bill Thompson, Judy Graper, Naomi De Carlo, Linda Perkins, Mike Dertzo, Jo Ann Charles, Lance LaDue, Teresa Fantone
Gabe opened the meeting with a review of the last meeting, and the major focus of this meeting which is to review the results of the Straw Poll and develop recommendations. As there were only 3 members present, it was decided to proceed anyway, and send our recommendations to the remaining members, and attempt to get majority approval of those recommendations through a passive approval process. If accomplished, the final recommendations would then be sent to the Board.
Gabe will forward the recommendations to the Committee members, and ask that any other members who disagree with a recommendation or recommendations, based upon the results of the Straw Poll, do so no later than Sunday February 28th. At that time if a majority of members have approved either actively or passively, the recommendation will be forwarded to the Board for review and disposition.
At the same time, work will continue to further simplify and remove inconsistencies in the Covenants by Kevin and Gabe, as well as the procedure and form for Homeowners to suggest further Covenant and/or By-Law issues.
Gabe Cinquegrana, Chairperson
January 25, 2010
PRESENT: Mike Dertzo, Jo Ann Charles, Lance LaDue, Britta Anderson, Gabe Cinquegrana, Kevin Austin, Teresa Fantone
ABSENT: Bill Thompson, Judy Graper, Naomi De Carlo, Linda Perkins
Gabe opened the meeting with a review of the last meeting as well as a recap of the Agenda.
Gabe reported that the Board had reviewed the Homeowner input forwarded to them, and felt that those issues raised should be sent back to Homeowners in the form of a straw poll to get a flavor of which issues we should concentrate on in preparation for any proposal if any.
Gabe presented a draft of the Poll document on the website, and all were asked to review the material in preparation for sending to all Homeowners. Gabe would make any suggested changes and publish the poll.
Kevin reported on conversations he had with the Town, as well as work he had done on simplifying and editing out replication and contradictions in the Covenants. This work will continue. Kevin also presented an Input Form for Homeowners to use in the future for issues they may have with the Covenants and By-Laws. Gabe will try to figure out how to present that and if it can be made part of the website.
Britta reported that the Board is currently working on a sign Policy and Procedure.
Gabe Cinquegrana, Chairperson
December 8, 2009
PRESENT: Mike Dertzo, Jo Ann Charles, Naomi DeCarlo, Britta Anderson, Gabe Cinquegrana, Kevin Austin, Bob Fantone
ABSENT: Bill Thompson, Judy Graper, Lance Ladue, Linda Perkins
Gabe opened the meeting with a review of the last meeting as well as a recap of the Agenda.
There was a discussion of the input collected from residents concerning the Covenants and By-Laws. Discussion again centered around the role of this committee in dealing with this information, and it was agreed that at this point in time no input would be excluded from review. Therefore the input would be tabulated and forwarded to the full HOA Board, and they would be asked to review the data and add any additional input as well as suggestions. This would be in keeping with the Board’s position of considering all input, and this committee’s declared process of working “down-up” from Homeowners to the Board, and “up-down” from the Board to the Homeowners.
After further discussion the following action steps were decided.
A letter would be sent to all Homeowners thanking them for their input and further defining the next steps and process. This would include an open invitation from the Committee to receive additional input from Homeowners.
Gabe will tabulate the input results and forward to the Board as part of this Committee’s report to the Board.
As a target, this Committee will use the June Annual Meeting as the time/place for HOA voting on any proposed changes to the Covenants and By-Laws that may result from the Committee’s work. This would mean that in consideration for any legal work and opinions that may be necessary to finalize any proposed changes, as well as any “straw voting” on proposed changes that may be necessary prior to that, late February or early March would be when proposed changes would need to be finalized for presentation.
Kevin and Gabe will work on making the “Use of Property” parts of the Covenants easier to understand and more user friendly, and will try to identify any inconsistencies and redundancies. In addition, Kevin will be working with the Town to insure consistency with the Use of Property.
At some point, a Form will be developed for Homeowners to submit Questions/Concerns to the Committee regarding the Covenants and By-Laws.
The issue of Secret Balloting was again discussed, with further information presented by Britta. Regardless of how it occurred, a passage does still exist in the current By-Laws which received HOA and Attorney approval last Spring, that does allow secret ballots in all voting other than those for Amendments to the Covenants.
No date for the next meeting was set, pending feedback from the Board. But based on the time frame mentioned in point 3 above, we will probably meet again in mid January. Gabe will post possible dates after Christmas.
Gabe Cinquegrana, Chairperson
October 22, 2009
PRESENT: Mike Dertzo, Judy Graper, Lance Ladue, Gabe Cinquegrana, Kevin Austin, Theresa Fantone, Linda Perkins
ABSENT: Jo Ann Charles, Naomi DeCarlo, Britta Anderson, Bill Thompson
Gabe opened introducing new committee members Theresa, Linda, and Kevin. Apparently this committee has become very popular, as we are now up to 11 members. In addition there was a review of the last meeting as well as a reiteration of the Charge of the Committee. There was a question as to the frequency of Board Meetings (By-Laws say 6 per year, and if this was realistic and how it would conform to the reporting back from this Committee. Gabe will talk further with Britta.
There was a great deal of discussion concerning some specifics of the Covenants and By-Laws, as well as the main role of this committee. There was a consensus that the Committee would be a filter or buffer “up-down” from the Board to the Homeowners, and “down-up” from Homeowners to the Board. It was decided that the committee would initially concentrate on process.
After more discussion the following process and action steps were decided.
- A letter would be drafted to all Homeowners explaining the role/purpose of the Committee, and soliciting input, questions, issues, suggested changes, specifically related to the Use of Property clause of the Covenants.
- Judy Graper will draft the letter and forward to Committee members. Suggested changes/revisions should be forwarded to Gabe and Judy for final drafting.
- The final letter will be emailed/hand delivered no later than October 30, and will state that responses must be received within 30 days.
- At the next Committee meeting the results will be compiled and reviewed, along with other ideas and suggestions from Committee members including other wording changes in that clause of the Covenants.
- It is the intention of the Committee that after that meeting a set of recommendations may then be forwarded to the Board for their input and review.
Kevin asked if there were Town Zoning ordinances and/or regulations that our use of property items had to conform to, and vice-versa. Kevin will research this and alert us accordingly.
Gabe stated that he had done some initial research on Secret Ballots, and that the use of them were common by HOAs that he had reviewed on the internet. Additional info still needed to be obtained as to what types of specific voting the secret balloting was being used for. The next Committee meeting will be either December 7, 8, 9, 10. Please let Gabe know what date(s) will work.
Gabe Cinquegrana
August 27, 2009
PRESENT: Naomi DeCarlo, Mike Dertzo, Judy Graper, Britta Anderson, Lance Ladue, Gabe Cinquegrana
ABSENT: Jo Ann Charles
Britta Anderson opened the meeting with the first order of business to elect a Committee Chairperson. The floor was opened for nominations; Britta nominated Gabe Cinquegrana with no other nominations made. The vote was unanimous and Gabe was elected Chairperson.
The Board’s charge to the Committee was reviewed:
1.Periodically review current By-Laws and Covenants to identify and propose changes to the Board.
2. Periodically seek input from Homeowners regarding potential issues.
3. Report to the Board on a regular basis by the Committee Chairperson.
The differences between the By-Laws and Covenants were discussed. Generally speaking, the Covenants are the rules by which the HOA is governed. The By-Laws represent the process and procedures used to implement those rules and governance. Attached to these minutes are simplified “crib sheets” previously prepared by Britta which help to clarify and distinguish these differences.
There was also discussion that the Committee should invite input from Homeowners as it regards the Covenants and By-Laws, and that some type of regular or annual schedule should be formulated for the review and possible adoption of revisions to the By-Laws and Covenants.
The next steps for this Committee to move forward were discussed. As assignments in preparation for the next meeting it was agreed that each committee member would do the following:
1. Generate questions concerning any aspects of the Covenants or By-Laws that need further explanation or that arenot fully understood. We all need to work from the same page.
2. Start to develop a list of items that we feel are, or could, be potential issues in the eyes of the Committee, or by individual Homeowners.
3. Questions to be raised and potential issues should be sent to Gabe prior to the next meeting by each committee member to facilitate discussion at the next meeting.No date was set for the next meeting, however the following dates are proposed: October 8, October 15, October 20 6:30pm. Committee members please respond to Gabe with which date(s) will work for you.
Respectfully Submitted, Gabe Cinquegrana