Amended and Restated Declaration Clarifications
Below is the text of an e-mail sent to all Meadowbrook homeowners regarding some clarifications for the Meadowbrook Amended Declaration. The document and ballot can be downloaded by registered users by going to the ‘Resources’ tab at the top, selecting ‘Documents & Forms’, then clicking ‘Password Protected Documents’ and finally ‘Amended and Restated Declaration’. Thank you!
This e-mail is meant to address all major concerns that were repeatedly raised by homeowners in response to the HOA sending out the Amended and Restated Declaration for homeowner approval.
Below is a list of concerns and responses to them.. Please also find attached another copy of the Amended and Restated Declaration, as well as a copy of the ballot. If you’d like to resubmit a ballot with a changed vote, just sign and send that in and it will be counted in place of any previously received.
1.) Will there be any loss of services?
All homeowners at all unit types will continue to receive the same services that they already receive. Many residents were concerned that the townhome residents were going to lose grass cutting and landscaping services, but that is misinformation – Article IV, Section 6 clearly defines grass cutting and landscaping as a service provided for by townhome assessments.
2.) Is the HOA increasing the amount charged to buyers upon the closing of a sale?
The amount charged to buyers at resale will stay the same. The HOA collects a capital contribution fee that is equal to 12 months of the previous year’s master assessment. All owners pay the master assessment each month in addition to any townhome or carriage home assessment. The master assessment is currently $49.50, so buyers pay a $594 ($49.50 x 12) capital contribution fee at closing when they purchase in Meadowbrook that funds the reserve account. All buyers also pay for two months of dues up front at closing.
3.) Why is there a contradiction in two different sections of the document over whether or not townhome and carriage home owners are allowed to construct a shed?
As sent to homeowners, sub-section (ii) on page 14 provided that single family homeowners are permitted to construct sheds that meet the provided guidelines, whereas sub-section (iii) on that same page read “sheds shall be constructed, erected or placed upon a Lot with a Carriage Home or Townhome Unit.”. This is purely a typographical error, as it was supposed to read “NO sheds shall be constructed”, and it has been corrected on the attached version. This e-mail constitutes notice of the correction, and all homeowners without an e-mail address on file with the HOA will receive a mailing containing this notice.
4.) Why should I vote in favor of this document?
First and foremost, this Amended and Restated Declaration is much easier to read and understand than the decades old document that it is replacing, and will help residents understand their HOA better. Additionally, as many homeowners are aware, there were issues with the shed amendment to the original document, in that it provided for sheds of only a certain size that proved difficult to obtain. This Amended and Restated Declaration does not specify a size. Outdated use restrictions have been changed or eliminated, including a rule that previously forbid the hanging of laundry of Sundays. The maximum fence height has been raised from five to six feet, in a move that will satisfy many homeowners who have inquired about building a taller fence. The Board also clarified that the HOA will be responsible for the repair, replacement and maintenance (excluding snow removal) of all sidewalks fronting Meadowbrook Drive, as the wording was previously ambiguous.
The HOA Board, and many of your neighbors, would greatly appreciate a vote in favor of this Amended and Restated Declaration. If there any questions, please don’t hesitate to reach out to my office.
Thank you all, and have a great day.