CC&R Document Revision Project

MOUNTAIN GLEN HOMEOWNERS’ ASSOCIATION

DOCUMENT REVISION PROJECT

• Has it been more then sixteen years since the governing documents were drafted?
• Is the Developer out of the project?
• Are there several sets of governing documents for one community association?
• Are some of the provisions absurd, obsolete or unenforceable?
• You find the CC&Rs impossible to understand? To interpret?
• Are you baffled by the community association’s Bylaws?
• Are there conflicting provisions in the documents? Discriminatory language?
• Are there an unusual number of homeowner/association disputes arising?
• If the answer to any of these questions is "YES" – it’s time to amend!

WHY DO DOCUMENTS NEED TO BE AMENDED?

The "governing documents" for a community association include the Articles of Incorporation, the Bylaws, the Declaration of Covenants, Conditions and Restrictions (commonly known as the CC&Rs or the "Declaration") or other regulating documents, and rules which govern the operation of the association. These documents are intended to define the standards of the community for the purpose of protecting property values. These documents are originally drafted by the developer who commonly uses Bylaws and CC&Rs that contain pages of useless provisions or include an underestimated assessment amount insufficient to operate the association adequately.

Maturation Process: As associations mature, things change. Once the developer (often referred to as "Declarant") is out of the development, all provisions in the documents related to the declarant become inapplicable, cumbersome, confusing and unnecessary requiring revisions. With all this said, the association’s board of directors including the association’s former president, Rachelle Hunter, felt the need to amend and restate the Declaration of Covenants, Conditions, and Restrictions.

Project Purpose: The purpose of this project is to have all three (3) sections of our community functioning under the same Declaration; to enhance the association’s ability to collect unpaid assessments from delinquent owners, and to ensure that all properties are maintained in a manner that does not detract from the property values and aesthetics of the community.

WHY IS IT IMPORTANT TO USE A KNOWLEDGEABLE PROFESSIONAL TO ASSIST?

Obvious Reasons: There are many good reasons to use a knowledgeable professional to assist in this type of project. The most obvious reason to use a knowledgeable professional is so we don't end up with more problems than we had before we amended. An experienced consultant knows the pitfalls and is able to suggest how to conduct a successful campaign.

Knowledgeable About Problems That Might Arise During The Process: In helping the association deal with this complicated but all important process, it is an advantage to have a professional that knows how to set up a process that will prevent legal challenges from arising due to the process itself.

Working with An Attorney: Working with an attorney is a bonus. Knowing what focus is placed on certain areas is very helpful in writing documents that can incorporate new laws as they are adopted.

With the help of an attorney, we will add language that governs the use of satellite dishes and antennae that mirrors and is in concurrence with the FCC laws on this matter and language that permits the association’s board of directors to enforce the community’s governing documents through actions at law, and due process procedures and assessments as outlined in the Virginia Property Owners Act.

Other Considerations: An experienced professional can assist the association in working through the process successfully, keeping the association representatives on track, advising on homeowner communication, and setting up a campaign geared for success. The attorney can identify problem areas that require extra consideration or that might be better handled through a ballot measure separate from the "package" involved in a complete restatement, simply because of their complicated or controversial nature.

This process requires the approval of the majority of members so it’s important that you take the time to carefully read the attached five (5) page document which provides detailed information on the Mountain Glen Homeowner’s Association Document Revision Project.

You may submit any questions you may have to the association’s e-mail address at mountainglen@gmail.com. In the subject line type Document Revision Project Enquiry. Please include your full name, address, and preferred contact number. All enquires will be printed and forwarded to the assisting attorney for review and response. Your contact information will only be shared with the assisting attorney in the event he/she would like to contact you for additional information on your enquiry.

Member residents will be updated as the board receives new information on status of this project. Your time in reviewing this information and membership support in this project is sincerely appreciated.

MGHOA Board of Directors