By Laws/Deed restrictions OPEN HOUSE April 8, 2017

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Presentation transcript:

By Laws/Deed restrictions OPEN HOUSE April 8, 2017 Cedar Point POA By Laws/Deed restrictions OPEN HOUSE April 8, 2017

Agenda Articles of Incorporation Bylaws Voting Comparison of existing Deed Restrictions to proposed Next Steps

Articles of Incorporation Formal Document to Create a Corporation filed with a Government Body Cedar Point Property Owners Association, Inc. (CPPOA) is a non-profit corporation Incorporated in Texas in 1983 Every owner of a lot is a member Members are entitled to one vote for each lot owned Originally two classes of voting memberships: Class A: Members and Class B: Developer Class B originally had 3 votes per lot owned- this class has now been converted to Class A Established to promote the health, safety and welfare of the owners in Cedar Point

Bylaws A legal agreement between a corporation and the members to provide a road map of how the corporation will be operated Bylaws executed in 1983 Should update to 2017 standards Principal office location, meeting place, etc. listed as an address in Houston Board members do not have to be property owners Would like to stagger board member terms – so entire board does not turn over annually Requires simple majority to amend (51%)

Voting How many votes are there ? Concentrations ? There are 2,497 lots/votes in Cedar Point Votes are concentrated as follows: Top Ten Concentrations: To amend Bylaws- 50.1% (1,250 votes) To amend Deed Restrictions- 66.7% (1,665 votes) 2017 Road Assessment 1,126 votes were cast Member Votes % of Total A 405 16.2% B 58 2.3% C 41 1.6% D 34 1.4% E 36 F 32 1.3% G 25 1.0% H 20 0.8% I 15 0.6%

Deed Restriction Comparison DR Section 2006 Version Proposed 2017 Preamble  Two Sets: Section 1,2,3 and Section 5 Combine Sections 1, 2, 3 and 5 1.6 Declarant Cedar Point Development Company Replaced with Association= Cedar Point POA throughout 3.1 land use & building Requires 2 car garage Reduced to minimum of 1. Eliminate garage requirement for single 30x70 lots. Carport specifically excluded Carport OK for storage of vehicle or boat with ACC approval 3.1a outbuilding playhouse / storage max 8' height Increase height to 14' 3.1e air conditioners window and wall units not allowed allowed, but not on street side of building 3.2 minimum size 1,000 sf/ parts of Section 1 and 2 minimum 750 sf All sections 800 sf 3.3 landscaping cannot park on sod OK to park on sod, but not long term 3.7 offensive activities no for profit activities Profit activities allowed if not a nuisance as determined by the Board 3.9 playhouse lot must be enclosed by fence no fence required 3.10 storage of vehicles max size = 6.5 ft H, 7.0 ft W, 21 ft L max size = 12 ft H, 8.5 ft W, any length must be out of sight must be out of sight if hazardous 3.12 animal husbandry   limit household pets to 2

Deed Restriction Comparison DR Section 2006 Version Proposed 2017 3.13 walls, fences, hedges max hedge 6' side/rear fence, wall or hedge max hedge 8' side/rear fence, wall, or hedge max height 8' perimeter of subdivision max height 10' perimeter of subdivision- construction of wall other than wood requires ACC approval 3.16 signs limited to one sign at 5sf for rentals or sales 4 temporary signs 6sf including sports, education- update for recent rule changes for political signs 3.17 antennas, satellite dishes not defined will define to standards for similar lake subdivisions or with ACC approval 3.18 noise - construction limited 6Am to 9PM limited 7Am to 9PM 3.25 maximum occupants 3 adults, 5 children 4 adults and their 5 natural or adopted children- Confirm with Counsel 3.26 speed limits on streets $50 initial amount per infraction reasonable as established by Board- Confirm with Counsel 3.28 yard art no painting of trees, stones, or other yard art OK up to 6' tall then with ACC approval 3.30 firearms no discharge of firearms add except in self-defense- not needed 3.36 fireworks allowed 12/31 and 7/4 at Section 5 boat ramp add not allowed if burn ban in effect 3.38 FEMA - disaster trailer, mobile home storage not allowed allowed for permanent residents until home repaired- max time of one year 4.1 ACC at least 3 members min 3 allow up to 5 members 4.9 ACC approval validity 9 months basic/ 1 yr new house at ACC's discretion depending on project

Deed Restriction Comparison DR Section 2006 Version Proposed 2017 5.2 voting two classes (class B expired 1/1/2014, but can be reinstated) class B removed and may never be reinstated 7.3 rate of assessment unimproved lots at 50% assessment deleted rates set at $360/$24 updated rates to $396 / $26.40 and set by Board- allow for catch up 7.5 votes on assessments 60% needed for quorum on first vote change to 50% 1st vote 7.6 nonpayment Declarant and Association have lien rights deleted Declarants lien rights 8.1 term of DR can be terminated by 75% membership can be amended or terminated by 67% of eligible votes per section 5.2

Deed Restriction Comparison Drafting Intent Detail Proposed 2017 3.1(a) Outbuildings max building height 14' and no fence required Add to 3.1(a) carports must be approved by ACC Add to 3.1(b) 3.1 (b) Garages May have living quarters. Cannot rent just a part of the building. OK to add 3.1 (c) Exterior Wall max siding panels = 24x96 on vertical surface except replacing the same. OK to add (with ACC approval) 3.1 (d) Roof Materials R panel and Metal OK. Must be new. in 3.1(d) all roofing material must be approved by ACC 3.2 Minimum Square Footage For 30x70 lot, minimum is 600 sf, and garage not required. 3.2 as above minimum is 800sf 3.1 (e) Air Conditioners window units may be replaced with same number as needed 3.1(e) mod above: allowed for all, but not on street side of building 3.3 Landscaping Must sod of residential dwelling from dwelling to curb line within 90 days of completion. Driveway of solid materials required unless lot too small. 3.3 mod: sod or other landscaping approved by ACC. Cannot park on sod at any time. 3.3 parking on sod specifically allowed 3.9 Playhouses 14' max and OK to be in view. 3.9 above 3.10 Storage of Vehicles No vehicles or trailers parked on ROW, common areas. May be towed without POA liability. $100 per day fine. 3.10 needs to be hidden if hazardous

Next Steps: Assemble Final Comments for Board Review (by first week in May) Counsel Prepares Draft of Documents (end of May) Distribute to Members (first week of June) Vote (second week of June voting starts) If you have questions/comments please e-mail us at cppoa@cebridge.net Thanks for coming!