The Board had a consultation with a HOA attorney on 8/11/21 and we reviewed and discussed our current Bylaws and Covenants. The attorney recommended that we amend and restate our Bylaws and Covenants because they were very poorly written by the Developer and do not address all of the typical areas that governing documents should address. The Board voted unanimously to amend the current Bylaws and Covenants and make the recommended changes so that we have more comprehensive documents.
Why are we amending our Bylaws and Covenants? Our objective is to have more clarity and direction with regards to how the governing documents dictate the HOA operations and address common issues. Our current Bylaws and Covenants are vague and do not address many common issues related to Board operations, member responsibilities, meetings, etc. Additionally, the Board learned that when the Developer drafted the original Bylaws and Covenants many years ago, it was meant to be temporary, with the expectation that once it was turned over to the members, the Board would revise the documents and adopt new policies and procedures to operate the HOA. Unfortunately, that likely wasn't clearly communicated to the members by the Developer. Moreover, had the Developer provided a complete set of comprehensive Bylaws and Covenants, the members would not be left with the daunting task and expense of amending and restating the HOA's documents. Why not just keep the current Bylaws and Covenants? If we were to keep the current governing documents "as is," the power lies with the Board and the documents allow the Board to make subjective and arbitrary decisions. We want the documents to be more objective, transparent, and to guide the Board, no matter who is in office, with clear and concise directions on how to address common issues that arise in the HOA. The current Bylaws allow the Board to make amendments without a vote of the community, but the Board would like your input! While it is within the Board's authority to amend the Bylaws without a vote of the community (Article VIII, Section 7.01), we wanted to give every member of Everson Ridge the opportunity to voice his/her opinion. On 8/23/21, members will receive a copy of the proposed Bylaws via email and are asked to review them, complete an online questionnaire, and make suggestions. Your input is important! First, we're starting with amending the Bylaws. We ask that you take some time to review the proposed amendments and then complete the questionnaire. The Board will consider all recommendations. Please complete the Bylaws questionnaire and submit to the Board by Thursday, 9/2/21. The final draft of the amended Bylaws will be presented and discussed at the upcoming Annual Meeting. In addition, we are currently drafting proposed amendments to the Covenants. These will also be sent out to the community for review and input within the next few weeks. Once the Bylaws and Covenants are finalized and approved, we will have them reviewed by our HOA attorney before filing them with Gwinnett County. As always, if you have any questions or concerns, please email the Board at [email protected].
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October 2021
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