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October 3, 2005
The following is an open letter from the SSOA attorney to all members. A formatted printable version
(PDF format) with letterhead & etc. may be downloaded
here.
The draft revisions to the CC&Rs (PDF format) may be downloaded here.
The draft revisions to the Bylaws (PDF format) may be downloaded here.
Additionally, on October 4, 2005 the
Bylaws were amended to allow for absentee voting.
The Board welcomes your feedback which may be done via the link on the left.
Best Regards,
Kelly Rogers, President
The Richards Law Office
A Professional Law Corporation
ATTORNEY AND COUNSELOR AT LAW
4190 South Highland Drive, Suite 111
Salt Lake City, Utah 84124
801.274.6800 Phone
801.274.6805 Facsimile
www.utahhoaattorney.com
John D. Richards III, admitted in Utah & Oregon
Allyson Henderson, Paralegal
Samuel E. Bell, Law Cerk
October 3, 2005
Open Letter to all Saratoga Springs Homeowners
Re: Proposed Amendments to
Covenants, Conditions and Restrictions & Bylaws
Dear Owners:
Your Board of Directors and this firm have been working together over the
past few months to put together a comprehensive and complete set of governing
documents for the Association that improve upon the existing documents you
already have in your possession. Our task has been to amend the Master
Declaration and Bylaws. Each individual subdivision will retain its original
covenants, conditions and restrictions (as may be amended from time to time in
the future by those affected thereby).
The purpose of these proposed changes is to better balance the rights and
authority of the Association with the property rights of the owners.
Furthermore, we felt that it was important to better define procedural aspects
of the Association such as the use of proxies, the establishment of a quorum,
etc.
It should also be noted that both your Master CC&Rs and Bylaws had
several amendments attached to them. This new document incorporates those
amendments without change.
The following itemizes the changes which the Board is submitting for your
approval. All other provisions remain unchanged. The Board welcomes written
questions or concerns about the following proposed language.
Amended and Restated Master Declaration
1. Recitals. Additional recitals were added to clarify the amendments being
added.
2. Article III. A definition was added for "fines."
3. Article V, Section 5.06. Language was added that any restriction regarding
antennaes must comply with FCC rules and regulations.
4. Article V, Section 5.09. Owners are required to clean up after their pets on
the Common Areas and Lots.
5. Article V, Section 5.10. The Association may tow an improperly parked
vehicle.
6. Article 5, Section 5.28. Adds requirements for those who desire to lease
their homes. For example, a security deposit is now required in case of damage
to the Common Areas or in the event the absentee owner fails to pay their
assessments, etc.
7. Article VI, Section 6.02 permits rules and regulations binding against both
the Common Area and Lots, to the extent reasonable.
8. Article VI, Section 6.07 permits the levying of fines, pursuant to a Board
adopted "schedule of fines." This is a far better mechanism to compel
compliance with HOA rules than a lawsuit.
9. Article IX, Section 9.05 suspends the voting rights of owners who are not
current with their assessments.
10. Article IX, Section 9.06 permits the Association to deny the use of the
Common Areas of owners who are not current with their assessments.
11. Article XI, Section 11.09 permits fines for violations of the ACC Standards
and Rules.
Bylaws
1. Article II, Section 2.02 sets the annual meeting for the first Wednesday
in May.
2. Article II, Section 2.08 reduces the quorum requirement for Association
meetings to 51% of the total members. If 51% is not achieved, then, after
notice, a new meeting may be called and those present in person or by proxy
shall constitute a quorum for all purposes.
3. Article II, Section 2.15 discusses in detail the permitted use of proxies,
how long they last, whether they must be in writing ,etc.
4. Article II, Section 2.17 permits "action by written ballot in lieu of
meeting." In other words, a ballot can be taken around to homeowners rather
than calling for an actual meeting.
5. Article X, Section 10.05 again expressly permits fines for rule
violations.
We hope you will agree that these changes will improve your community while not
substantially altering anything that you are accustomed to. Again, if you have
any questions, please contact this office or the Board directly.
Sincerely,
THE RICHARDS LAW OFFICE
John D. Richards
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