Homepage › Forums › Tower Shores Forum › Board vote tomorrow on changes to restrictive covenants and bylaws › Reply To: Board vote tomorrow on changes to restrictive covenants and bylaws
Let me start off by saying it’s a small world – your cousin Beth Bonita is a very good friend of mine. She’ll be down visiting me at TSBA this upcoming weekend. Unfortunately she did not think you would be to meet up in person.
Regarding your question at hand as to why we took on the task of editing the By-Laws and Restrictive Covenants. These documents are the ruling documents as to everything the Board as well as the members have to abide by along with Delaware and Sussex County law. I was on the board for appx. 6 years (not during the lawsuit that Matt mentioned) and in almost every instant, the community (Board and members) were not following the documents as they were sorely out of date. Our hands were tied at every juncture. Examples:
* We wanted to conduct annual meetings on different days, but were unable.
* A horrible storm destroyed our beach in April and we struggled how to repair the beach and crossovers prior to Memorial Weekend (ie: could not step off crossovers to reach the beach) but we didn’t have the ability to alter the budget or vote on contracts outside of scheduled monthly meetings.
* One homeowner (developer/flipper) violated the noise moratorium and a majority of that block attended a monthly meeting and begged the board to put a stop to the noise violations in July but the only option under our current documents was to sue them.
* The commercial lots built within one foot of residential properties without permission in violation of our documents and we had to hire a lawyer,potentially suing them to remove the structure.
* There are phases throughout the document that are not defined within the document, leaving the board to guess and interpret what was meant.
There are a million other areas to identify where our documents are not in compliance as to how we can run the community nor are they fully in compliance with Delaware or Sussex law. Any organization that is diligent must review their founding documents every 10 years to confirm they are in compliance rather than ignore them and operate on a wing and a prayer. That said, the committee was well aware that this community is not in favor of fines and therefore, the only fine we instituted, if that board chooses to enforce, is a noise moratorium fine that includes prior notice and an opportunity to be heard.
We worked on editing these documents last year and had a Delaware attorney review our entire document. We only made two changes last year – changed our resident agent (who had not been our R.A. for years) and allowed our annual meeting to occur anytime over Memorial Weekend. We then reconviened and removed many of the issues the community was concerned with. When we brought those changes back to the board this winter and posted them, Matt, along with a few other members, joined our committee and we again re-edited and removed other matters that affected land use issues. We again brought them back, re-posted them and other community members had good points on limited issues. We reconviened, re-edited those issues and now have a final draft for the board to do a final vote to bring voting to the community at the annual meeting.
Our committee, the board and members of the community have all assisted and we have created fair, reasonable, up to date and law compliant documents that the community should be able to abide by for the next 5-10 years when the next board or committee re-visit the documents to conform to then current standards. I am available today to speak with anyone with questions on the current version by cell or email – firstname.lastname@example.org or 301-943-6878. I welcome an open dialog that we can discuss and agree to disagree or identify flaws to be addressed prior to tonight’s vote.