Good Afternoon All -
The proposed changes, made up of two distinct Amendments (4.04.1 & 4.04.2), were put to a vote beginning July 13th, running through July 16th at 11:45PM. The vote was held according to ByLaws Section 5.06; describing electronic means. Below are the results.
We received, and recognized, 140 unique ballots - one per Lot as prescribed in our CC&Rs.
For Amendment 1; clarifying Section 4.04, we had 116 unique Lots vote in FAVOR of passing, which exceeds the 67% threshold of eligible voters. As such, Section 4.04.1 will be filed with the County and, effective immediately, it becomes a part of our CC&Rs.
Details of the Vote:
For Amendment 2; which would add language specifically allowing the Board, or sub-committee, to grant exceptions, from time to time, regarding Sections 4.04 and 4.04.1, we had 97 unique Lots vote in FAVOR of passing, which does NOT meet the threshold of 67% of eligible votes. As such, Section 4.04.2 fails, and will NOT be a part of our CC&Rs.
Details of the Vote:
For the Non-Binding Resolution; we received 130 votes from Unique Lots; with 10 Abstaining. We had 30 unique Lots vote in FAVOR of passing, which does NOT meet the threshold of 67% of eligible votes. Therefore, the Board considers this vote, and the Amendment (Section 4.04.1) that passed, as the final word on this issue.
Q: How does this change our neighborhood?
A: In short, nothing changes. Amendment 4.04.1 clarifies working from home is permissible, versus operating a home business, that drives traffic into the neighborhood, and reduces risk to legal action in the future.
Q: Do I need to get an exception for my business now?
A: The short answer is; a business in the home that drives traffic is not allowed, and has not been allowed, even prior to the clarification language being passed. The Board operates on a complaint basis - not a “policing” basis. If a complaint is received, the Board is bound by our CC&R’s to take action. If no complaint is received, you will not hear from the Board. Since Amendment 4.04.2 did not pass, the Board does not have a process in place to provide exceptions for businesses restricted by the CC&Rs.
Q: What if I have a unique situation where someone may come to my home once or twice and it is related to my business?
A: If the Board receives a complaint about a business being operated out of a home that brings invitees into the neighborhood, the Board’s policy is to send a Courtesy letter as a reminder of the CC&R restrictions. If the situation continues, the next step is a violation letter; that includes a fine.
Q: Can we revisit exceptions for certain businesses?
A: In the recent vote, the Non-Binding resolution was a chance to direct the Board to continue investigating how we might provide exceptions for certain situations. Less than 20% of the neighborhood voted for that exception process to continue. As a result, we will not be looking at further exceptions.
Q: Can we see the votes?
A: The full details of the vote, including the voter roll and results will be shared with the Advisory Committee. For privacy, we will not be broadly sharing the vote by vote results outside of the Board and the Advisory Committee.