Proposal to Give Our Community the Ability to Change our Restrictions

 

Hi Neighbors!

 

As you may know, the developers neglected to provide a way for our community to change our own restrictions to suit our needs.   Since few people would want to live in a community where the laws can’t be changed, we shouldn’t have to live in a subdivision where the restrictions can’t be changed. 

 

Thankfully, the Texas property code gives our community the ability to change our restrictions if two-thirds of our property owners approve the procedures for doing so. 

 

After studying the law and the procedures other subdivisions use, we have drafted a proposal below for your consideration.  We hope we can count on your support.

 

This proposal doesn’t change the restrictions; it merely gives our community the ability to do so. 

 

Please let me know if you can support the proposal or not.  If not, please list your objections.  Only after we have received overwhelming support for the proposal will we proceed with a formal vote because of the costs involved.   Then, if two-thirds of our owners approve, our community will have the ability to change our restrictions. 

 

To recap, our community needs to do what the developers should have done in the first place:  establish procedures to enable our community to change our restrictions to suit our needs.

 

God bless and thanks so much for your support!

 

Ken Costa

President, SRHOA

Email: shannonridgehoa@yahoo.com

Website: www.shannonridge.org

  


 

PROCEDURES TO CHANGE THE SUBDIVISION RESTRICTIONS

 

THE ESTATES AT SHANNON RIDGE

 

1.  To change the restrictions of The Estates at Shannon Ridge, two-thirds of the lot owners must approve based on one vote per lot.  If more than one person owns a lot, the intent of the majority shall determine the vote from that lot.

 

2.  A proposal to change the restrictions will trigger a vote by the lot owners when one of the following occurs:

 

     a. Two-thirds of the Board of Directors of The Estates at Shannon Ridge Homeowners Association (SRHOA) vote to support the proposal based on its merits and high likelihood of adoption; or

 

     b. Sponsors of the proposal provide to the board evidence of support from at least 30% of lot owners, and sponsors pay in advance to SRHOA all expenses involved in conducting the vote and changing the restrictions.

 

3.  When a vote to change the restrictions is triggered, the board will choose from among the voting methods allowed by current law (which may include voting in person, by mail, by electronic means, or a combination thereof) and conduct the vote.

 

4.  If two-thirds of the lot owners approve a proposal to change the restrictions, the board will file the appropriate documents in the real property records of Wilson County, Texas, binding all lots in the subdivision.