Town Crier Articles

Board Briefs Owners on Proposed New NTRA Governing Documents

Posted on September 1, 2022 5:54 AM by Sarah Carey

Categories: NTRA Business

The August 17, 2022 Zoom meeting began with the Board introducing themselves. The purpose of the meeting was to promote an understanding and explanation of why changes need to be made to all of the Association’s governing documents.

The current documents were written between 2004-2007 for Abbey Commons, the first residential development in New Town. The documents were drafted from the Developer’s perspective, include significant errors, and outdated Virginia statutes. The Developer had 15 years to correct the governing documents, but failed to make changes. The current governing documents are complex, outdated, not legally compliant and must be revised by our newly owner-controlled board.

The Board of Directors has made it a priority to give the community time to review and understand the proposed revisions. Electronic (through EZ vote) and absentee voting will begin in September, and there is a Special Meeting for the Member vote on October 18, 2022 at Legacy Hall.

Following the presentation by the Board President, Vice-President and Treasurer, about 15 participants asked questions. These questions and answers dealt mainly with landscaping issues. The current documents prohibit mowing and pruning within fenced yards and this will not change if our documents are not amended. Landscape services will be available to all lots if the new documents are approved. (The new documents allow but do not require the Board of Directors to charge an additional fee if they determine any landscape service is more costly than to other similar yards.) Under the new documents, residents cannot opt-in or opt-out of specific landscaping such as pruning, but rather must opt-out of all services. The current system of informal full or partial opt-outs has not worked and is problematic for the landscape crews.

There was a question about reserved parking which the Board of Directors has agreed to research. Another question discussed was the change in the threshold for number of Members required for owners to call Special Meetings. The Board of Directors agreed to discuss the matter with legal counsel and include the final decision in a future Q&A. (NOTE: At the Board’s monthly meeting on August 18th, the Board did vote to keep the current 10 percent threshold for Member called Special Meetings.)

The Board concluded by reminding owners that these changes are for the whole community, better represent the needs of our community, and will be easier to amend if needed in the future than our current documents. Please consider the whole picture and vote to approve.

Comments

Comment By: Susan Mulnix

Posted on September 1, 2022 1:57 PM

Thank you Sarah, this was a clear presentation. I was traveling on the day of the meeting, and unable to attend the meeting. This was a good way to catch up.

Comment By: Tom Dawkins

Posted on September 1, 2022 3:36 PM

How does the Board believe the new opt-out policy would benefit homeowners? Those wishing to opt-out of just pruning, for example, would have to opt-out of everything (i.e., no more pruning, mowing, fertilizing, etc.), and will still be required to pay for all services. The proposed policy would benefit only the landscape contractor who would save labor and material for the entire year. The Board should adopt more of a customer service attitude – prioritizing the needs of homeowners over those of the landscape contractor.

BOARD REPLY: The proposed policy simplifies the administration of an unwieldy and informal system. It benefits our Association management and is a more common HOA practice. Ideally, the services under future landscape contracts will be more acceptable to owners who partially opt out now.

Please note that comments on the proposed governing documents should be submitted directly to the Board of Directors, not the newsletter.

Last Edited: 09/06/2022 at 08:03 PM

Comment By: Blanche Scharf

Posted on September 8, 2022 8:36 AM

I totally agree with Tom. Fairness might sometimes be unwieldy but we should endeavor to do just that. Landscape contractors should be asked to quote common area and houses that want service separately.
Those homes not wanting services should not be counted in the quote. Why is it fair to charge those who opt out for services they don't receive?

REPLY: Please send your questions on the proposed governing documents directly to the Board of Directors, not the newsletter.

Last Edited: 09/08/2022 at 06:01 PM

Comment By: NEAL WITHERSPOON

Posted on September 8, 2022 3:20 PM

There was a response by the BoD about the letter that was circulated by some homeowners. Jack Espinal made his remarks that the statements or points of interest were untrue. It was asked as to where were the facts that those were in fact untrue in which Jack stated. The BoD posted a letter against those statements or points of interest. But, the response still has listed any facts that back up the BoD's response. It is still Jack's word against the homeowners word, so where is the researched documentation to show where those statements or points of interest by the homeowners are untrue?
REPLY: Please send your questions related to the proposed governing documents directly to the Board of Directors, not the newsletter.

Last Edited: 09/08/2022 at 06:09 PM