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As part of our ongoing effort to operate, administer, maintain, and reasonably protect the Huntington Hills community, we proposed four amendments for inclusion in our Declaration and Bylaws. A special meeting was held on June 13, 2023 for residents to ask questions and vote on the amendments. After the votes were tallied, Amendment B (sheds) was failing, and Amendment D (electronic communications) was passing. Amendments A and C (leasing restriction and dues increase) were close but still undecided. Because enough households have not yet voted for the outcomes of Amendments A and C to be determined, the Board voted to extend the voting until July 18. On July 18, the voting will come to an end and all final vote counts will be accepted. If you haven’t voted, please consider doing so on or before July 18.
There are 408 homeowners in Huntington Hills. We need enough homeowners to vote in order for each amendment to pass or fail. According to our governing documents, a 75% affirmative vote of the ownership interest must be obtained for the passage of Amendments A and B, while 2/3rds affirmative vote of the ownership interest is needed to approve Amendments C and D. The chart below lists the number of votes needed for each amendment to pass or fail along with the number of votes received as of June 13, 2023.
Amendment A restricts the leasing of lots, Amendment B changes existing shed restrictions to allow for sheds that adhere to the rules as stated in the Amendment, Amendment C modifies the annual assessment amount, and Amendment D enables the Association to send notices electronically, authorizes owners to vote by mail-in and electronic ballots, and allows virtual Association meetings. Your “consent” to these amendments is necessary for the amendments to become part of our governing documents.
AMENDMENT A: If passed, this amendment restricts additional rental homes in our community. We propose this amendment for a few reasons.
First, we believe that an amendment that requires future purchasers to be residents of the property is a good concept. Rather than a potential “apartment complex” atmosphere, we can maintain a community of all resident-owners. Problems with conduct normally associated with some tenants would be avoided. We believe that owner-occupancy is in our best interests. This amendment confirms that desire.
Second, the proposed restriction has some flexibility and contains a few built-in exceptions to make it reasonable for everyone. These exceptions are: 1. The leasing restriction would not apply to current owners who are renting. CURRENT RENTAL LOTS ARE EXEMPT FOR AS LONG AS YOU OWN THE LOT. 2. If you own a lot but only your child(ren) or parent(s) lives in the home, that living arrangement is excluded from the rental restriction. 3. The amendment contains an automatic, one-time right for all owners to lease for up to 24 months.
Third, if an owner is behind in their fees and needs to rent to pay the fees, the amendment calls for the rent to be paid directly to the Association until the account is paid in full. The amendment also gives the Board the power to evict the tenant, if necessary.
AMENDMENT B: Currently our Declaration prohibits sheds. This amendment changes that and allows for shed installations in our community so long as the shed complies with the specifications as outlined in the amendment and prior Architectural Committee approval is obtained before installation. This amendment will allow owners to have sheds on their lots to store their personal property but will also protect all of our property values by requiring the sheds to comply with certain requirements.
AMENDMENT C: Provisions in our Declaration and Bylaws require assessments to be charged at a flat rate of $45.00 each year, with the only way to increase that rate is by a vote of the owners. While imposing a cap on assessments might sound great on paper, in reality, we ask that you think about the impracticability and inflexibility this requirement creates for our Association. The Warranty Deeds were drafted in the 1970s and while that amount may have arguably worked for the Association then, it does not in any way account for inflation and reflect today’s dollars. That said, this Amendment allows for a one-time increase in assessments to $65 for the first subsequent fiscal year after this amendment is recorded.
Last year, the association brought in $20,540 and incurred expenses totaling $18,785. Major expenses included $1,506 for community events, $1,100 for scholarships, $4,635 for park and entrance maintenance, and $5,445 for legal services, which included advice on amendments and deed violations. The annual income from assessments just covers regular expenses with very minimal remaining for capital improvements. This year, unexpected expenses included $3,627.50 to fix a drainage problem in the park. The association did have some funds set aside for playground/park renovations and recently spent $5,877 on playground improvements and $7,270 to resurface the basketball courts. However, without an increase in dues, the association cannot finance other special projects and needed park renovations. The tennis courts need to be resurfaced. The association would also like to consider other major park improvements such as the addition of a park shelter.
Additionally, while we recognize that our governing documents allow for owners to vote to increase assessments beyond the $45.00 flat rate amount, an owner voting requirement to increase assessments is not the standard rule for most homeowners’ associations, as most associations follow the standard provided by the Ohio Planned Community Act, which governs associations like ours. We believe the amendment we are proposing strikes a balance between these two issues. The amendment allows the Board to adopt an annual budget for common expenses and the assessments for each lot to be based on the amount of approved budget, but if the annual assessment amount increase is 20 percent higher than the prior year’s assessment, a vote of the owners is required.
AMENDMENT D: Our governing documents need to be updated to correspond with technology that is becoming more readily available and utilized by all of us. As a result, we believe it is in our community’s best interest to amend our governing documents to give our Association the ability and flexibility to operate more efficiently.
First, this amendment permits the Association to send notices to you electronically, if you opt-in to do so. If you do not wish to receive notices electronically, you will of course continue to receive them by regular mail. If you wish to receive notices electronically, you can opt-in by including your email information on the enclosed limited proxy, otherwise again you will continue to receive notices by regular U.S. mail.
Second, this amendment allows owners to use mail-in and electronic ballots to vote. If the amendment passes, the Board will decide if votes will be submitted by the owners in person at a meeting or if the votes can be submitted by ballot before the meeting. Ballots can be used to vote for Directors and on any other Association matter that requires a meeting to vote.
Third, this amendment also allows the Association to hold meetings virtually or in person. If passed, we hope this amendment will enable owners to have more options available to actively participate and become involved with the Association functions in our community and save our Association money on costs associated with mailings.
Our Bylaws require our community to hold a meeting for the purpose of voting on amendments. This letter serves as NOTICE of a SPECIAL MEETING to be held on JULY 18, 2023, at 6:30 pm at Pickerington Public Library (Branch TBA). The Board of Directors will be available at the meeting to answer any questions you may have about the amendments.
IF YOU HAVE PREVIOUSLY VOTED, AND ARE HAPPY WITH YOUR VOTE, YOU DO NOT NEED TO DO ANYTHING AT THIS TIME. If you have not previously voted, or would like to change your vote, please contact any Trustee or email HHCATrustees@gmail.com. We will provide you with a ballot.
Should you have any questions about the amendments, please feel free to contact any Board member. A complete listing of the Ballot Language for each amendment was previously mailed to each homeowner. If you need another copy, please contact any Trustee or email HHCATrustees@gmail.com. Thank you for your time and participation.
Sincerely yours,
THE BOARD OF DIRECTORS, HUNTINGTON HILLS CIVIC ASSOCIATION, INC.