The amended governing documents that were approved by vote of the Homeowners were recorded with the Rockwall County today, which means that they are now valid & enforceable. Homeowners will be receiving paper copies of these documents within sixty (60) days.
It’s official! The Homeowners have spoken!
During tonight’s Board meeting, the votes in the Ballot Initiative were tallied and recorded resulting in at least sixty-seven percent (67%) of all homeowners in Quail Creek approving all amendments to the CC&Rs (Initiative #1) except for Amendments to Articles 4.8b, 4.8h, & 8.2. Seventy-one percent (71%) of homeowners also approved the newly amended Bylaws (Initiative #2). The amendment loosening the garbage can restriction (Initiative #3A) passed with sixty-nine percent (69%) support and the amendment to loosen the restriction on signs (Initiative 3B) also passed, capturing seventy-five percent (75%).
However, sixty-seven percent (67%) of homeowners rejected the amendment loosening the trailer restriction (Initiative #3C), where it garnered just thirty-three percent (33%), or one-third(1/3) homeowner support. Of the sixty-seven percent, twenty-seven percent (27%) voted to tighten the restriction with the rest preferring to keep the restriction as is. What is clear from the vote is that the overwhelming majority of homeowners do not support the storage of trailers in Quail Creek.
State law dictates that for any amendment to a declaration to pass it must have 67% approval of all homeowners (not those who vote, but all homeowners). Therefore, anyone that did not submit a ballot effectively voted to reject the amendments being proposed.
Remarkably, sixty-one out of the sixty-nine eligible members of the Association participated in this initiative including eleven of the twelve homeowners in Phase 1!
As part of the effort to protect and ensure the integrity of the process to tally the vote, all ballots were scanned & digitized. Only the voter signature pages (that include the homeowner’s name and ballot ID number) will be kept from distribution (both the digital files & hard copies of these signature pages will be kept on file indefinitely).
The Board hopes to have the revised CC&Rs & Bylaws recorded with Rockwall County by the end of next week, which will make the instruments official. Copies of the newly amended CC&Rs & Bylaws will be distributed to Homeowners soon. They will also be made available to homeowners on the “HOA Records” page on the HOA website.
A Recount of Votes Policy was adopted during Tuesday’s regular Board meeting to help ensure that the Association will not be responsible for the costs associated with such a request. The policy mirrors Texas Property Code Section 209.0057(b), which requires any party making the request to pay all costs associated with a recount unless the recount changes the results of a vote, wherein the Association would then be responsible to reimburse the requesting party/parties.
This comes on the heels of a frivolous open-records request by a homeowner who was demanding that the Association (fellow homeowners) foot the bill for the time and materials invested for “all” records in the Association’s possession. However, just days before the request the Board adopted the Records Reproduction & Copying Policy in accordance with Texas Property Code requirements, which would have cost homeowners several hundreds of dollars, had the policy not been in place. After standing it’s ground to require payment from the homeowner in accordance with the policy and after a final threat of legal action by the homeowner against the Association, the Board closed the matter when the homeowner in question failed to respond within 30 days to a certified letter demanding prepayment.
The vote tally will occur during an open meeting of the Board where homeowners may come and observe. The process to tally the ballots was reviewed during Tuesday’s Board meeting to help ensure that the process will be open and transparent to help alleviate the need for any homeowner to question the results.
The 2011 Texas Legislature enacted major changes to the Texas Property Code, especially as it relates to HOA’s. These changes, most of which went into effect on January 1, 2012, have had a dramatic impact on Quail Creek and the manner in which we are governed. These changes have been highlighted in the attached document.