This morning at 8:30 a.m. a group of three Board members, two homeowners, and our community manager, met to count and verify the ballots received for the proposed limited amendment. All ballots were rigorously verified for the date received, address, and signatures. Additionally, the committee ensured that only one ballot per home was received. Both the Board and the community members who participated in the ballot count were satisfied with the verification and audit process.
The Board wishes thank everybody who voted, regardless of the direction of your vote, so that we could better understand how the community truly feels. We also respect the decision not to vote, as that is your right.
Ballot results
A total of 215 ballots were received by the 5 p.m. deadline on 10/11. There were 26 NO votes, 38 non-votes (which count as NO votes) and 182 YES votes. Additionally, there were 7 ballots that were rejected (5 yes, 2 no) due to lack of address, date stamp, or illegible address. Passage of the proposed covenant required 167 consents to change; therefore, the proposed changes have passed, and the new covenant language will be written into our declarations.
Following the ballot count, Board President (Ari Feldman) and Secretary (Cindy Javelet) signed the limited amendment in front of a notary, and it was hand delivered to our lawyers to file with the County Clerk and Recorder. We expect recording to officially happen on 10/14, at which time the limited amendment will go into effect.
As a reminder of how a consent to change works: The Colorado Common Interest Ownership Act (CCIOA) sets the limit for a consent to change between 51% and 67%. Per our Covenant 8.4, a minimum of 66% (167 votes) of all homeowners must consent to change a covenant.
The new language for Covenant 5.11
The Board is committed to enforcing the language in the revised covenant; therefore, it is important that residents understand and follow the restrictions. The restrictions on truck parking are:
- Only 1 truck is allowed to be parked on the driveway only (no street parking). Garage parking of pickup trucks has always been allowed.
- Truck size not to exceed 84 inches in height or 240 inches in length, and may not have any more than 2 axels or 4 tires.
- Trucks may not store items that extend above the height of the bed. Low profile truck boxes are allowed, up to the height of the bed.
- Roof or bed racks intended for transporting ladders or construction equipment are prohibited.
- Truck toppers must match in color and be equal in height with the cab.
In addition to the limited allowance of trucks, a new definition of abandoned or inoperable vehicles was adopted that ensures all vehicles must have current license plate tags and may not be in any obvious state of disrepair (flat tires, damaged paneling, etc).
Going forward
The Board recognizes that for some residents this change will be disappointing: there are those who did not want ANY change, and on the flip side, there were also residents who wanted a larger change—one without any truck restrictions. However, we are encouraged that, with 182 consents to the change (72%), a strong majority of our community members have expressed their willingness to accept a compromise and ease the division among our community members on a topic that has been contentious for more than a decade. We urge our residents to continue to treat each other with kindness and respect, and to comply with the new covenant language.
If you have any questions about the revised covenant, the voting process, or the audit process, please feel free to email me at arifeldman@meadowglen-hoa.com.
On behalf of the Meadowglen Board,
Ari Feldman, Meadowglen Board President