Neighborhood News

The Board would like to provide another update to the ongoing community painting issue:

 

• The final bids from all of the solicited painting contractors were received on Friday, August 28th. The proposals have ranged in price from $15,500 to $72,000 to repaint the patio/porch/balcony ceilings and soffits for Phase 1 back to the original color (matching the siding color).

 

• With questions outstanding regarding the upcoming vote and resident petition that was submitted last Friday, the Board turned to Stan for clarification on how the Association documents (Declaration, Articles, and Bylaws) address both these processes. Stan referred the Board inquiries to a legal firm that specializes in POA law to review the Association documents and provide clarification and guidance on how to proceed. The full review letter can be found here, and the main points of the legal clarifications are as follows:

 

o The Action Without Meeting Article (article XIII) does not authorize association members—whether by petition or other written consent document—to mandate that certain paint colors be used for the patio/porch/balcony ceilings and soffits. The Association documents “clearly and unequivocally authorize the Board to pre-approve the details of all work to be performed to the external Common Elements” which includes external paint colors.

 

o As this decision authority lies ultimately with the Board, it is also inconsistent with the governing Association documents to have the decision of repainting the patio/porch/balcony ceilings and soffits put to the community for an official vote as the Board had originally planned to do. As the legal letter clarifies, there are a number of actions stated in the Declaration, Articles, and Bylaws that require direct approval (i.e. voting) by the Association members, but deciding on the patio/porch/balcony ceiling and soffit paint color scheme is not one of these actions.

 

As a result of the clarifications of the governing Association documents, the Board plans to take the following action:

 

• In lieu of holding an official vote, the Board will instead survey the community to garner a consensus on the decision to repaint the Phase 1 patio/porch/balcony ceilings and soffits. The survey will still contain all of the necessary background information as previously intended, however, the ballots will be replaced by survey sheets for residents to fill out, make a choice, and return to Stan.

 

• While not obligated to carry out the results of this survey, the Board will abide by the wishes of the community for this particular issue taking into consideration the circumstances surrounding the original June 5th decision. And although this is not an official vote, the Board would still like to apply the quorum standard in terms of our commitment, meaning that if an insufficient number of surveys are returned (as if this were an actual vote), then the Board will act independently regarding this decision.

 

• The updated language of the survey should be complete by mid-week with the information to be mailed out by Goodwin by the end of the week. Included should be the all of the important cost information to repaint Phase 1 that was obtained the past few weeks by Stan and Kirk Kirkland.

 

We do appreciate everyone’s feedback and active participation and hope those on this communication channel are clearer on the processes for the HOA. We understand that this is an important decision with potential budget impacts to the community. Therefore, we believe this survey with the proper background information and clear decision making points will provide the SRC Association members the channel to help resolve this issue and move forward.

 

For any direct questions to the Board, please send your questions to the new email address: board@scofieldridgecondos.com. And again, we (and likely most of your neighbors) would appreciate that any subsequent resident conversations regarding this topic be carried over to the message board on the community web site.

 

Thank you,

 

Tom Keney

Gary Chetzron

Mark Dermit

 

HOA Board

Scofield Ridge Condominiums