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Declarations Voting
Two years ago Woodmoor's law firm warned us that our governing documents, dating to 1971, were outdated and did not provide us with all the necessary legal protections needed today. In response, the 2009 Woodmoor Board began the process of reviewing and updating our legal documents. Today that long effort is nearly complete. Only one step remains: we need to collect approximately 1100 additional Consent Forms in order to ratify the new Declarations of Covenants
In May of 2011 we conducted an election for the new documents and, as we reported in the June Newsletter, the new Articles of Incorporation and Bylaws passed by overwhelming margins (93.7% and 93.6% approval, respectively).
However, while the most important document, the Declarations of Covenants, has received even more approvals than the other two documents, by law it cannot be ratified until 2/3rds of Woodmoor lot owners have submitted Consent Forms.
If you are a Woodmoor lot owner and have not submitted your signed Declaration Consent Form, we ask you to please do so as soon as possible. We have tried to make the process as simple as possible:
1) We mailed out forms to all lot owners in May. But if you do not have a copy you can obtain one from the WIA office at 1691 Woodmoor Drive or by printing out this Consent Form.
2) You can send the signed form to Woodmoor via mail, drop it off in person to the WIA office, fax it in (719 481-8461), or scan the signed form and attach it to an email to wia@woodmoor.org.
3) The most important part is to sign the form, date it, and include the address of the lot(s) you own. If you own multiple lots you can (and should) list all lots on the form, as you have one vote for each lot.
4) Please try to submit your Consent Form by the end of August.
Until the new Declarations of Covenants are ratified, Woodmoor is lacking some of the legal protections we should have under current laws. While we hope we never need these protections, your board and Woodmoor’s law firm both recommend we establish these “just in case”.
We have made available full information about the changes to the Declarations of Covenants in a presentation, in an annotated version of the document (MS Word required for viewing), and in a clean version of the document. If you have trouble accessing these links you can contact the WIA office for a printed copy of these documents.
If Woodmoor is not able to collect all the necessary Consent Forms we have an option of asking a court to approve the Declarations. We want to avoid this option both because it is expensive (at least $4000 in fees, and possibly much more) and because we would rather that Woodmoor owners themselves ratify the new document.
Thank you for reading this article and for helping in this matter!
Current Governing Documents
Current Declarations of Covenants (those which are proposed for replacement):
Declaration of Covenants – North Woodmoor
Other Woodmoor Documents (not being changed at this time):
Policies, Procedures, Rules and Regulations, Parts I, II, III and IV
Policies, Procedures, Rules and Regulations Part V Design Standards Manual
Woodmoor Public Safety Standard Operations and Procedures
1999 Settlement Providing Covenant Terms for Certain Properties in the Vicinity of Lake Woodmoor
May 2011 Voting Results
Voting results and the text below was posted June 6.
The Governing Documents voting deadline was May 31, however the WIA board is extending the deadline for the Declaration of Covenants, for reasons explained below.
Articles and Bylaws proposals both PASS
Both the proposed Articles of Incorporation and Bylaws have PASSED by an overwhelming margin. Both required a minumum of 294 valid ballots, or 10%, (including abstentions) to qualify for a quorum. The vote totals are as follows:
Articles of Incorporation (75% required to PASS):
| YES | 636 | 93.7% | |
| NO | 43 | 6.3% | |
| Abstain | 9 | ||
| Blank | 55 | ||
| Invalid | 2 |
Bylaws (50+% required to PASS):
| YES | 632 | 93.6% | |
| NO | 43 | 6.4% | |
| Abstain | 11 | ||
| Blank | 58 | ||
| Invalid | 1 |
Declarations Proposal Still Pending
The rules regarding approval of the Declaration of Covenants are, by Colorado state law, different than those for the Articles or Bylaws. Instead of a ballot, consent forms must be signed by 2/3rds of all lot owners. Through June 6, 788 validated consent forms have been received, of approximately 1950 needed. (The number is approximate because 2/3rds is required from each of the separate North, South, and Placer covenant areas and we have yet to calculate the exact number needed in each.)
By law, the Declaration proposal does not require a deadline for submission, unlike the balloting for the Articles and Bylaws. Therefore, the WIA board is asking all Woodmoor lot owners who have not submitted consent forms to either a) submit their consent form or b) let us know that you do not consent. We are assuming that those who voted "No" on the Bylaws and Articles proposals also do not consent to the Declarations proposal, so will not be contacting those people.
This situation is not unusual for HOAs that are trying to change their covenant declarations. In fact, compared to other HOAs we are in very good position in that we already have consent forms from over 25% of lot owners in only about 5 weeks. We will continue asking people to submit their forms over this coming summer.
If you have questions about these proposed changes please do not hesistate to contact the WIA office at 719 488 2693 or sent email to Secretary@Woodmoor.ORG.
Governing Documents Proposal
The text below is the original proposal web page published in April.
As a result of a 2+ year study and review, the WIA board is proposing to revise and update the Woodmoor governing documents. This is the first update to these documents in nearly 40 years, and is believed to be necessary to provide Woodmoor full protection under current laws.
This page describes the proposed changes in detail so that Woodmoor Owners can vote on them. The documents on this page were revised on April 26 in response to a number of suggestions that resulted from owner review.
We suggest you start with the Overview Presentation. This describes the history of Woodmoor documents, the document structure, and the changes being made.
From there, we offer three special annotated versions of the revised documents. These versions show all changes made in the documents (except formatting) and include comments explaining the changes. These versions must be viewed in Microsoft Word:
Annotated Versions of Proposed New Governing Documents:
For ease of reading we also offer these "clean" pdf versions of the proposed documents, without the annotations and change notes:
Clean Versions of Proposed New Governing Documents:
For those who have not yet received their ballot mailing, here are copies of the letter and ballots. If you are a Woodmoor owner and do not receive these by May 7 please notify the Woodmoor office.
Contents of April 28 Ballot Mailing:
Finally, for your reference here are the current governing documents of Woodmoor, both those that we are proposing to replace and those documents that are not being changed at this time.
Current Woodmoor Documents (those which are proposed for replacement):
Declaration of Covenants – North Woodmoor
Declaration of Covenants – South Woodmoor
Current Woodmoor Documents (not being changed at this time):
Policies, Procedures, Rules and Regulations, Parts I, II, III and IV
Policies, Procedures, Rules and Regulations Part V Design Standards Manual
Woodmoor Public Safety Standard Operations and Procedures
1999 Settlement Providing Covenant Terms for Certain Properties in the Vicinity of Lake Woodmoor
©2010 Woodmoor Improvement Association, 1691 Woodmoor Dr., Monument, CO 80132
Phone: 719.488.2693 | E-mail: wia@woodmoor.org | Fax: 719-481-8461
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