Special Public Meeting: Follow-Up
Please share
your suggested edits!
Submit written suggestions
by Monday, July 29, 2024
As follow-up to the Special Public Meeting, the Board invites you to submit written suggestions and edits to the proposed amendment language. Please drop your comments (on either or both Exhibits A & B) in the community mailbox in the commons area or email them to admin@southcanyoncountryestates.org by Monday, July 29.
The Board will process these comments and work with legal counsel to provide a new draft of the Amendment for community review. Residents will have an opportunity to
make final suggestions before the draft is presented for a community-wide vote at the Annual Meeting on September 23, 2024.
The Board sincerely thanks everyone for their participation in this process. Our goal is to reach a middle ground between the initial language presented by homeowners in April and the longer form draft prepared by the Board and legal counsel.
Our mission is to carefully consider the concerns voiced by residents that the language of the new amendment be based largely on the initial language presented by homeowners in April - adding some specific language for clarity - but not being too prescriptive as to limit the homeowner’s ability to store recreational vehicles on their property in-line with the covenant but with flexibility based on lot size and configuration.
• • • • TIMELINE • • • •
July 29 – written suggestions submitted by residents
July 30 - Aug 15 – Board processes comments & works with legal counsel to draft revised Amendment
Aug 16 – Aug 23 – Final draft circulated to residents
August 26 – Sept 20 – 4th Amendment prepared for community vote at the Annual Meeting, September 23, 2024. The Board will ensure the Amendment receives the required signatures per the covenants and submit the final Amendment to the Register of Deeds.
• • • • REFERENCES • • • •
For quick reference, the letter distributed to homeowners, the current covenant language, the language submitted by homeowners in April (Exhibit A), the language proposed by the Covenants Committee and the Board (Exhibit B) and other helpful information is listed below.
Letter to residents: July 10, 2024
Dear Homeowner,
Over the past several months, the South Canyon Country Estates (SCCE) Board of Directors has received many comments from residents calling for the revision the covenants, specifically Article II, paragraph 1, regarding the storage of campers, travel trailers, boats, motor homes, trailers, equipment, etc. The main contention is that the current wording dating back to the late 1970’s is not in-tune with the present-day needs and is too restrictive. An amendment to the covenants would allow more flexibility and more defined requirements for consistency and compliance.
At the April 2024 HOA meeting, a group of homeowners presented the Board with a proposed language change (see Exhibit A). Since then, the Board along with the Covenants Committee and community members, have been working to draft new language for the covenant amendment (see Exhibit B). Please Note: neither version is considered final, but both are intended to help identify a wide range of considerations for discussion and decision making.
The Board is holding a Special Public Meeting to gain the widest input from you, the homeowner, whose yes or no-vote is needed to approve or deny any proposed amendment to the covenants.
The purpose of the meeting will be to review the proposed changes and to get your input in setting the standards for the community. With this last round of community input, our goal is to finalize the language for the amendment and put it out for a vote in accordance with the covenants.
If you are unable to attend the meeting, you can email your questions and/or concerns to admin@southcanyoncountryestates.org. Additionally, the information contained in this letter as well as other helpful references can be found on the SCCE website: SouthCanyonCountryEstates.org
Following please find some important references to help provide context for the upcoming special meeting. As always, we welcome your participation in the discussion.
Respectfully Submitted,
SCCE Board of Directors
Current Covenant Language
As mentioned in the July 9, 2024 Letter to Residents, the main contention with the existing covenant language is that the current wording dating back to the late 1970s is not in tune with present-day needs and is too restrictive.
The current language can be found on the covenants page of the website.
Language brought forward from homeowners in April 2024 (Exhibit A)
As mentioned in the July 9, 2024 Letter to Residents, in April 2024, a group of homeowners canvassed the neighborhood with a proposed draft of language to update the current covenant related to Recreational Vehicles, Equipment & Machinery. They secured the required number of homeowner signatures to amend the covenants proving there was overwhelming support for this proposed change.
Please see the initial language left.
Language proposed by SCCE Board & Covenants Committee (Exhibit B)
Over the past four months, the Covenants Committee and the Board have been working to incorporate community input received via email, website form submissions, and monthly HOA Board meetings to ensure that the new covenant language is reflective of the community’s wishes and complies with legal and formal formatting requirements. Version B Draft language will be reviewed at the Special Community meeting and any final input considered. The amendment language will then be finalized and circulated for signature via canvassing by the Board and Covenants Committee at the end of July/beginning of August in accordance with the covenants. The goal is to have the 4ht Amendment finalized and enacted by the Annual HOA Meeting on September 23, 2024.
Recreational Storage Guidelines
As the discussion about the covenant change has continued and community members have shared their questions and thoughts over the past several months, the Board is also considering a set of guidelines to complement the 4th Amendment. These guidelines will give the Board a more detailed process for addressing homeowners who request a variance. Establishing clear procedures will ensure that the Board and homeowners understand expectations. A draft of the proposed Storage Guidelines can be downloaded below.
Covenants, By-laws, Rules & Guidelines: What’s the Difference?
Covenants Short Answer: The covenants detail the rights and expectations of the homeowners and the obligations of the homeowner’s association (HOA) to implement them. They describe the requirements and limitations of what you can do with your property. Making changes requires a vote. For more go to the covenants page.
By-Laws Short Answer: By-laws establish the structure of day-to-day governance of the HOA. The covenants cover the “what” of the HOA and the by-laws describe the “how.” Making changes requires a vote. For more go to the by-laws page.
Rules & Guidelines Short Answer: Rules and guidelines are a catch-all for the things not covered in the covenants or by-laws. These are often the rules that might need revising over time due to changes in the community. Typically, rules and guidelines can be changed by an HOA board vote with review by community members. For more go to the committees page.
