What officially began on January 10, 2015, concluded on Tuesday, April 7, 2015 where, at a Regular Open Meeting of the Board, the ballots for the HOA’s first-ever, “60-Day Ballot Initiative*” on proposed amendments to the Covenants Conditions & Restrictions (CC&R) & Bylaws, were removed from their sealed return envelopes and the votes were tallied and recorded.
View Ballots Below
As part of the effort to protect & ensure integrity & demonstrate transparency of the process to tally & record the vote, all ballots were scanned & digitized during the vote count . With the exception of the voter signature page, which shows both the homeowner’s name and ballot ID number, the actual ballots are available to view &/or download.
Turnout: Sixty-one (61) of the sixty-nine (69) “eligible” property owners (the owner of record on January 1, 2015) submitted ballots, including 11 out of the 12 homeowners in Phase 1. State law dictates that for any amendment to a declaration to pass it must have a minimum 67% approval of all homeowners (not of those who cast votes, but all homeowners). Therefore, anyone that did not submit a ballot did effectively cast a vote to reject all of the proposed amendments.
Most CC&R Amendments Are APPROVED! Of the 124 proposed amendments to the CC&Rs (Initiative #1) to bring the instrument into compliance with state property code, all but the following four (4) passed:
- Amendment to Article 4.8b, which grants the Association the power to charge interest on delinquent annual assessments (dues) and file suit against such homeowners, likely failed because the strikeout wording was omitted from the ballot. This created the appearance that the amendment would be adding this power, as opposed to simply revising the current wording.
- Members rejected Amendment 4.8f, to change the wording from “as above provided,” to “as provided above”.
- The completely re-worded Amendment 4.8g and what would have been a new subsection, 4.8h, which effectively added legal technical jargon, also failed.
In all instances where the amendments failed, the existing wording is sufficient and does not contradict any other article or state statute.
Amended Bylaws Are APPROVED! Seventy-one percent (71%) of homeowners also approved the amended Bylaws (Initiative #2).
Amendment to Loosen the Garbage Can Restriction Is APPROVED! With sixty-nine percent (69%) support (Initiative #3A) your large green & blue trash/recycle cans can now be placed either in your garage or behind the front line, adjacent to the home.
Amendment to Loosen the Sign Restriction Is APPROVED! Alarm company signs, school spirit signs, and construction company signs during renovation are now allowed with seventy-five percent (75%) of homeowners voting to loosen the restriction (Initiative 3B).
Amendment to Loosen the Trailer Restriction is Rejected Overwhelmingly! Sixty-seven percent (67%) of homeowners rejected the amendment loosening the trailer restriction (Initiative #3C1), where it garnered just thirty-three percent (33%), or one-third (1/3) homeowner support. Of that sixty-seven percent, twenty-seven percent (27%) voted to tighten the restriction (Initiative #3C2) 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.
*All members were afforded no less than 60 days from the time they received their ballot, to cast their votes.