February
14, 2016
Dear
neighbors and membership of BCSCA,
As we wrote last summer, the Board will
propose an amendment to the Covenants of the Bridger Creek Subdivision Community
Association, to be voted on at the May 2016 Annual Membership Meeting. We are
writing today to present a draft of the proposed Amended and Restated
Covenants, allowing the membership to offer thoughts and feedback before the
final version is sent to the membership for a vote.
The Amended and Restated Covenants will
accomplish two things; first, clarify how maintenance and improvements are
funded through assessments, and second, removing reference to Golf Course
Partners as the declarant. The funding issue will allow the Association to
continue to operate in a consistent and efficient manner, and the change in
definition of the declarant is merely a housekeeping issue to bring the
Covenants up to date. The proposed changes will be presented as a new version,
the First Amended and Restated Declaration of Covenants and Restrictions,
rather than amending the existing document line by line.
BCSCA has collected an annual assessment
of $75 per owner per year since 2002. This money has been used to fund both maintenance
and improvements in the past. As a result of a court ruling, the Covenants were
interpreted to require a separate vote each time BCSCA wishes to spend any
money towards improvements. The ability for the Board to fund small improvement
projects (such as landscaping in the parks, benches, drainage improvements, etc.)
is key to the Association operating efficiently and effectively. If every small
improvement requires a separate vote of the membership, the Association will
spend increased amounts for postage and office related expenses, driving up the
cost and time required to run the Association. This could result in having to
engage a professional property manager to handle the affairs of the
Association, which would also likely increase dues exponentially.
While the Board desires to maintain the
efficiencies of how the Association has operated to this point, it also
recognizes there must be a system of checks and balances to ensure that the
Board cannot spend large sums without the approval of the membership. In order
to accomplish this, the Board is proposing that the Annual Assessment may be
used for improvement projects with a total cost under $5,000. Any improvement
project with a cost greater than $5,000 would be deemed a Capital Improvement,
requiring approval of the membership to levy a Special Assessment for funding.
The
current BCSCA Covenants, along with the proposed First Amended and Restated
Declaration of Covenants and Restrictions, can be reviewed at
http://bridgercreek.blogspot.com/. Members may also request copies be emailed
by contacting bridgercreekboard@gmail.com.
SUMMARY
OF CHANGES INCLUDED IN RESTATED COVENANTS:
- Add a definition of “Annual
Assessment”, allowing expenses of administration, maintenance, and
improvements to be funded through this assessment.
- Add definitions of both
“Improvement” and “Capital Improvement”. Capital Improvements are those
anticipated to cost more than $5,000.
- Article VI Assessments –
remove the word “maintenance” in Sections 1-5 in order to be consistent
with the definition of Annual Assessment.
- Revise Article VI Section 6
to require a vote for a Special Assessment in order to fund a Capital
Improvement.
- Revise the definition of
“Declarant” to include the Association.
It’s
important to also note what will not change with the proposed amendments:
- The minimum annual
assessment will remain at $75 per year, unless the membership agrees to
change the amount as provided in the Bylaws.
- The manner of voting and
requirements for approval of Special Assessments will not change,
maintaining the checks and balances provided by the original Covenants.
- No Capital Improvement
projects are being considered at this time. Small improvement projects
will be paid through the Annual Assessment, as was done in the past.
The Amended Covenants must be approved
by 75% of all BCSCA members. This means we will need approval from 204 of the
272 voting members. This is almost double the number of members that typically vote
or send proxies for the annual meeting. It’s imperative that every member
participate in this process for it to be successful. If the changes are not
approved, it is unlikely that the Association will be able to accomplish
anything but routine maintenance in the future without increasing annual dues.
The Board recognizes that there are many
other areas of the Covenants that could use revision and clarification. It
would be an enormous task to communicate and discuss all the possible
shortcomings of the Covenants, so we have focused on just the current matter at
hand, in order for the Association to operate as it has done in the past.
The Board welcomes thoughtful input from
the membership on this and any other issues. The next meeting of the Board is
scheduled for March 7th, 2016, when the Board will discuss the final
version of the proposed covenant changes. Following the Board meeting, the
Annual Meeting Notice and the final version of the proposed Amended and
Restated Covenants will be provided to the membership. The Annual Meeting is
scheduled for May 2, 2016. We hope that
you will help us by reviewing the proposed changes, offering your support or
constructive input, and participating in this process that will benefit our
community. Thank you!
Bridger
Creek Subdivision Community Association, Board of Directors
