Dakota Ridge Board of Directors Meeting

December 1, 2021 at 8:30am via Zoom

Present: Sarah Jones, Jim Lob, Ron Lemieux, Holly Van Deursen

The meeting was called to order at 8:35am and the primary agenda item for the meeting was to decide on next steps following the recent survey to association members about potential changes to the covenants: https://surveyhero.com/results/514513/i5f5tja88ydlo5qvk1erv87nep7tmep5. As of 11/30, there were 65 respondents (the survey was emailed to multiple people for each lot, and in many cases more than one person responded for a single lot) with 44 (67.7%) in favor of “seeing certain changes to the Covenants, Bylaws, and/or Design Guidelines.” In light of the results and comments, the Board agreed this process should be further explored but discussed the fact that it would be both lengthy and costly. Andrea was asked for clarification on the procedural requirements for amending the various documents. She indicated that the Board can change guidelines and rules at any time after a 30-day notice to membership and opportunity to provide comments. Per Section XI, the Bylaws can be amended with either a 67% affirmative vote by members, or two-thirds vote of all the directors of the Association at any regular or special meeting where the proposed amendment accompanies the meeting notice. Lastly, she indicated that Article 11.6 of the Covenants was amended in 1993 to require only a majority of lot owners (one vote per ownership group) to amend the Covenants. They asked Andrea to see if the association attorney could provide a rough cost estimate for drafting amendment language once changes were thoroughly identified by a transparent due diligence process among owners who wanted to provide additional feedback.

Andrea was asked to draft a follow up email to the ownership in order to communicate the following items:

1) Link to view current survey results
2) Notice that if owners had not had time to thoroughly review the documents, they could still do so and respond to the survey through 12/31/21
3) Next steps: timeframe for full amendment process (up to one year), cost estimate from attorney, committee volunteers, and additional surveys and/or open meeting forums

Sarah volunteered to draft a job description for committee members who may want to serve on this task force so that they understand their role and time commitment. At 9:30, Sarah had another conflict and left the meeting at which point Andrea moved onto the next agenda item.

The enforcement of recent covenant violations was the only other order of business and this included discussions about the following lots: 17, 56-68, 70, 72 and 40. The remaining members felt that fines should still accrue for the lot owners who were already provided a hearing opportunity and final decision from the Board. Andrea was asked to reach out to Paul Sachs for a legal opinion and/or letter on the commercial activities at lots 56-58 and the trailer at lot 40.

With no further business, the meeting adjourned at 9:45am.

Recorded by,
Andrea Wilhelm
Commercial Property Group