Our Governing Documents - Dust Off Those NTRA Binders, Changes Are In the Works
Posted on May 1, 2021 7:03 AM by Stuart Dopp
Remember the big fat notebook? The one you received when you bought your home in New Town? Or perhaps you received e-files or a link to the NTRA disclosure packet? Did you find it so fascinating that you read each and every page? In the midst of buying, building, selling, clearing, and traveling from out of town, I felt good that I scanned the developer’s documents, reviewed the salient points with the realtor, and then found a place on the bookshelf for the notebook.
Fast forward to 2021, when responsibility and control has shifted from the developer to the New Town Residential Association. As I sift through the old documents, I realize how outmoded most of our Declarations have become. They were written, of course, for the developers, so must be revisited with an eye to owners’ governance. The overarching Master Declaration defines and details the terms used in the documents, and many sections start with statements such as, “The developer reserves the right….” Section II is devoted entirely to the Developers’ rights regarding not-yet-developed additional areas that they owned as Class B members, which ended in April, 2020. In a minor example of the inefficient documents now in use, the Master Declaration expounds at length on “Limited Common Areas,” exclusively for the use of a small group of homes. Actually, there are none, but the verbiage creates confusion. The Master Declaration also sets up general purposes and terms for assessments that are carried into some but not all Supplemental Declarations, so there is great need for clarity and corrections.
Our governing documents clearly need an upgrade to reflect our new status and needs. Thanks go to our diligent NTRA Board, who are in fact reading every page and will be undertaking the needed revisions with the help of our Association attorney. We can all look forward to a set of documents that accurately reflect our policies and situations with consistency, transparency, and fairness. Changing these documents ultimately requires a vote —- including yours. More information will be forthcoming, so stay tuned…
Posted on May 4, 2021 9:36 AM
The result of this rewrite should be that the entire document is posted on this site so that all NTRA members have access to it. It should also be searchable so that one doesn't have to guess their way through the Table of Contents.
REPLY: Our current documents are posted on the website and accessible to all NTRA members. You may access them under the About tab. Click on "Governing Docs" in the dropdown menu. The revised documents will similarly be posted. The Board of Directors has contracted for preparation of a searchable version of any new governing documents.
Last Edited: 05/04/2021 at 04:59 PM