Montefino Village

Letter from Montefino Village Board President -Imp Vote 6/29/10

 

Times change and the rules by which the community operates need to occasionally be tweaked to meet changed circumstances in the community. Section 10.3 of the CC&Rs provide that it takes a vote of two-thirds of the eligible voters to adopt an amendment. This provision was more or less premised on the idea that more than two-thirds of owners would vote on any given amendment proposal. We have 135 voting units in our community so 90 votes must be received for a proposed amendment.

 

As to our election of Board members, in 2009 only 39 (29%) of 135 votes were submitted and in 2010 only 40 (30%) of the 135 votes were submitted. In two efforts to amend the CC & Rs since I have lived here, no more than 50% of the owners have voted. [In the case of a February 2006 CC&R amendment vote, 54 members (40%) voted whereas in a May 2009 CC&R amendment vote 68 members (50%) voted]. Thus, it is not my concern as to whether owners are for or against a proposal, it is my concern that so few of our owners felt it worthwhile to vote on something so important as a CC&R amendment.

 

Now the only result we get from a proposed amendment is that we must presume that a high percentage of owners are not interested in the rules that control our community. So long as this apathy exists there will never be an amendment of the CC&Rs and the community will never be able to improve its governing document. This forces the Board of Directors to make rules under its rulemaking power, and I think that in the long run this is not in the best interests of the community.

 

With this proposed amendment a notice regarding the passive consent provision of 10.3 will undoubtedly be included on a ballot. Perhaps if owners realize that failure to vote will be considered a positive vote for a proposed CC&R amendment, they will take an interest in voting. Thus, we will get a more definitive decision on such proposals so the Board knows what the community desires.

 

I sincerely hope that our community voters weigh-in on this important amendment.

 

 

 

Keith Johnston