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
Thanks, Diane, for your response. Again, I appreciate that your committee has spent a long time on this project, and that it must be frustrating to get 11th hour criticism from community members who have not been involved until the last minute.
That being said: The committee has proposed complicated changes to technical legal documents that affect valuable property interests. It seems to me that community members have three options:
1. To pore over these documents and try to figure out whether any of the many changes impact our property rights in a negative way. I’ve spent hours looking over the changes, and frankly, I simply don’t feel equipped to determine if any of the technical changes relating to setbacks, zoning categories, etc. will negatively impact me or not. My sense is that there are other community members who feel equally at a loss.
2. To simply trust that the proposed changes don’t affect my property interests or rights. I don’t feel comfortable with this option, particularly in view of recent feedback that earlier proposed changes, however well intended, DID affect property interests, and were removed after complaint.
3. To hire a property law attorney to review the proposed changes to make sure that my property interests are not affected by the changes. I really don’t want to have to pay for that kind of review.
I think that if the changes had been limited to issues that are fairly easy for laypeople to understand, like changing meeting dates, or even giving the Board some additional enforcement powers over existing rules, there wouldn’t be much controversy. I could be wrong, but I think the changes that have created the most angst for some of us are the technical ones involving setbacks, new zoning categories, etc. because without a background in property law, it’s pretty much impossible to figure out if they affect us adversely or not.
Trust me that I say that in our current world, with all the problems swirling around us, the last thing I want to do is get entrenched in these issues, and wish I didn’t have to.
You mention that you retained a Delaware attorney to review the entire document. Was this after removal of all changes that would affect what you call “land use issues”–that is, changes that would involve a taking of property rights of some or all owners? Would the attorney be able to attest in a letter to the community that they were retained to assist with changes to restrictive covenants and bylaws, and that none of the changes proposed in the current draft would lead to any added restrictions or limitations on any owner’s property rights? That would go a ways towards reassuring me, at least.