To the Residents of The Preserve at Bay Hill Estates
Your Board has been reviewing the Association Declarations this year. Those residents that have read the Declarations (Covenants and Restrictions, Articles of Incorporation, and By-laws) will agree that they are outdated, unwieldy and difficult to understand.
Many of the sections apply only to the Developer and have lapsed now that the Residents manage the Association. The Board looked at having the whole set of documents revised and rewritten. However, the Board decided that it would take a great deal of effort and time to accomplish the changes needed, and a smaller number, but important changes would be a more appropriate approach during their current term.
None of these documents can be changed by the Board alone. The Association rules and Florida Statutes require that seventy-five percent of the residents vote in favor of the changes at a Special Meeting where there is a quorum present.
Consequently, the Board has focused on a small number of changes that they feel are important and can be achieved this term. By only choosing a small number of changes, it also gives the Board and the residents an opportunity to experience the process required in amending the Declarations.
The first change is to the term served by the elected Board members. Currently all members are elected to serve until the next annual meeting, usually one year. The change we propose is to have staggered two-year terms so that each year two or three of the board members elected (highest vote getters) serve a two-year term. This helps provide continuity for the HOA Board and is consistent with the process used by many HOA’s.
The second change is to provide the Association with additional tools to monitor sales and leases of the homes in our community. Specifically, we want to avoid corporations buying homes to use as sober homes or other uses that are inconsistent with our family community. We also want to introduce controls that ensure that homes cannot be rented on a short-term basis using Airbnb or similar sites, and that a home can only be rented in its entirety.
If the sixty-six and two-thirds of the Board approve these changes they will be presented for approval by the residents at a duly noticed Special Meeting prior to the Annual Meeting. A full package describing the amendments will be sent to every resident of record at least fourteen days prior to the Special Meeting. The package will show text being deleted, amended and added to the Declarations. Proxy forms will be available for residents that are unable to attend the meeting in person. This ensures everyone gets the opportunity to vote on these important changes proposed by your Board.
