Proposed Revisions to be Voted on at Annual Meeting on February 22, 2018
The Board of Directors of the Glenmore Community Association (GCA) is proposing revisions to the Covenants and Restrictions (C&Rs) and Bylaws for the Glenmore Community. The approval of these changes requires the affirmative vote of two-thirds of the votes cast at a duly called meeting of the Association. The annual meeting, scheduled for February 22, 2018 at 7:00 pm at the Glenmore Country Club, will be the duly called meeting for the Association.
The main purpose of amending and restating the C&Rs and Bylaws is to update the wording of the documents which had Glenmore Associates Limited Partnership (GALP) and the “company” as main decision authority and replace it with your association, Glenmore Community Association (GCA). Since GALP went out of existence and all ownership rights were transferred to the GCA in 2016 this is a necessary action. Additionally, there are several changes proposed to the C&Rs which are outlined below. If approved, these versions of the Amended and Restated C&Rs and Bylaws will replace the 1992 versions with their five amendments and will become the new source documents for the GCA.
As part of the process we held a Townhall Meeting on Dec 7, 2017 to discuss with the members the C&Rs and Bylaws to solicit your thoughts. With 57 members attending questions were asked and answered. There were three areas that were altered as a result: to address the issue raised about wording inconsistency clarification wording was added; additional provisions under Transient Lodging restrictions were added; and a slight change to time for putting out garbage bins so you don’t have to do this in the dark.
To help those who would like to track the changes made to the current C&Rs and Bylaws, both the revised documents, as well as marked-up versions showing all changes, are available by clicking the links at the bottom of this page.
The color key of the website documents showing changes to the original versions is as follows: latest changes made in response to the Townhall meeting are in TEAL, additions to the C&Rs are in GREEN, deletions from the original wording are in RED, and movements of wording from one section to another are in VIOLET.
There are several proposed changes that are new to the C&Rs, highlighted in YELLOW, which we want to bring to the members attention specifically. These are:
Article II, sec 1 adds that “No additional land outside the existing boundaries of Glenmore will be added to Glenmore.” Under legal advice from counsel this serves to define the boundaries of Glenmore
Article IV, sec 3(g) proposes changing the affirmative vote for sale or conversion of common areas from three-fourths (3/4) to two-thirds of the votes. This will bring this one item in line with the three other areas in the C&Rs which require a super-majority vote of two-thirds.
Article V, sec 4 proposes to change the voting requirement for special assessments from 51% to “a majority.” This is proposed for consistency as both terms are used for essentially the same criteria.
Article V, sec 5 proposes to delete wording that restricted construction impact fees of new construction to new development areas. The fees would apply to all new house construction. Under advice from counsel, the fee application could not be selective but should be applied uniformly.
Article X, sec 3(d) is an addition to clarify the GCA policy on transient lodging or short-term rental of properties. The current C&Rs are interpreted to prohibit this activity and this proposed section clarifies the limitations on home rentals. In response to the Townhall Meeting, two provisions were added for clarification.
Article X, sec 5(b) alters the time to put out trash bins based on Standard Time and DST so members do not have to do this in the dark during the winter months. This was a Townhall Meeting input.
Article XII, a proposed change in the voting requirements for terminating the C&Rs from 51% to two thirds (2/3) of the voting members. The Board considered this vote a major decision on the future of the Association and should have a similar level of approval as taking loans or mortgages.
Hopefully this is useful to the members in understanding the proposed Amended and Restated C&Rs and Bylaws. The GCA Board of Directors recommends voting FOR all the proposed changes as an improvement to the governance of the Association.
The GCA membership will vote on approval of the proposed C&Rs and Bylaws at the Annual Meeting scheduled for February 22, 2018. Approval will require a two-thirds (2/3) affirmative vote by the voting members attending, by ballot, or on-line. We need everyone to vote!
You may download the following documents here:
The color key of the website documents showing changes to the original versions is as follows: latest changes made in response to the Townhall meeting are in TEAL, additions to the C&Rs are in GREEN, deletions from the original wording are in RED, and movements of wording from one section to another are in VIOLET. The proposed changes that are new to the C&Rs which are highlighted in YELLOW.