Covenant Proposed Changes

The Evergreen Meadows Homeowners Association (EMHA) mailed out ballots on Friday August 19, 2017, asking all residents to vote on 8 proposed changes to the existing Protective Covenants for Evergreen Meadows.   Legal counsel reviewed all of the Proposed Protective Covenant changes to ensure that the current language and current laws were accurately applied.

A return stamped, self-addresses envelope were included in the mailing for residents to mail-in their votes which will be accepted through October 19, 2017.  The complete mailing is attached at the end of this page and it is also available on-line at  - EMHA 2017 Covenant Changes Mailing .  

Only those Proposed Protective Covenant change that receives at least two-thirds residents approval will be implemented. 

The current covenant document is attached at the end of this page and it is available on-line at - EMHA Covenants .

Below is a list of the eight proposed changes along with a description of their impacts.  

Of the eight proposed covenants, there are five covenant changes, two in language only, and two new covenants recommended by the Association’s law firm to garner additional homeowner protections.  

The remaining three covenant change proposals deals the removal of a reference to the Evergreen Fire Department’s lot on Malamute, allowance for an additional building and a dues conversion from voluntary to mandatory.
Please vote all items that you'd like approved. The EMHA board welcomes your questions and discussions through our Email at  Email at board@emha.us  .  Updates will be communicated periodically via Email Blast and through this web page.



Evergreen Meadows Voting Reminder - Please vote

The Evergreen Meadows Homeowners Association (EMHA) mailed out ballots on Friday August 19, 2017, asking all residents to vote on 8 proposed changes to the existing Protective Covenants for Evergreen Meadows.   Legal counsel reviewed all of the Proposed Protective Covenant changes to ensure that the current language and current laws were accurately applied.

The complete voting/ballot is located at - http://www.emha.us/covenant-proposed-changes .   Below is a synopsis of the 8 proposed covenant changes.


 

Firehouse Related Covenant Change

Considerations for Covenant 1 - General Subject-Residental Use

Evergreen Fire Department property language reference removal so that previously fire department land can be sold as residential property.   

This will allow the fire department to sell this residential property deeded by the Jefferson County Assessor to the Evergreen Fire Department located at  7665 Malamute Drive.  This 2 acre property has remained undeveloped since Evergreen Meadows was founded.

Proceeds will go towards the main Evergreen firehouse updates located by the Evergreen Lake, and save tax dollar expenditures.  The Evergreen Fire Department doesn't need another firehouse in the area.   


 


Architectural Guidelines Related Covenant Proposal

Considerations for Covenant 2 - Subject - Architectureal Guidelines

Update language and remove obsolete date references


 

 

Utility Buildings Related Covenant Proposal

Considerations for Covenant 6 - Subject - Garages and Utility Buildings

Language updates and provisions for two utility buildings.  Expands the allowable utility building on an property by 1, to a total of 2.

This item was the most popular item that homeowners approved in the EMHA 2017 survey.
 


 


Signs Related Covenant Proposal

Considerations for Covenant 12 - Subject - Signs

Updated legal language to bring in-line with laws.   

Current regulations restrict freedom of speech especially as it applies to political signs.  The proposed covenant 12 adds a paragraph b that provides for rules that apply to political signs.

By expanding this covenant, Evergreen Meadows' regulations  are brought into compliance with freedom of speech laws.


 

Mandatory Dues Related Covenant Proposal

Considerations for Covenant 20 - Subject-Membership in Evergreen Meadows Homeowners Association
 

In the 2017 resident survey, the subject of mandatory dues, many residents supported the concept of having mandatory dues.  In fact, mandatory dues with the second most approved survey initiative.  Dues have historically been voluntary while the covenants and other governing documents applied to all residents.

Currently, the association receives about 40% of the residents paying voluntary dues.  That money pays for the weed abatement, insurance, mailing for meetings (required since we do not have every owner's email address) and other small operating expenses.  There has not been funding for events or activities and we have relied on the support of sponsors and volunteers for the Easter egg hunt, picnic and the garage sale.  With voluntary dues and the current rate of pay, there isn't much more that the association can do today and in the future.

The board understands that frustration and other emotions remain from litigation that wiped out the association's reserves.  But if each lot paid $50 annually, then the association and residents could work on projects to benefit all residents.  Dues would remain at $50 annually and could only be increased after a majority resident vote at an annual or special meeting. 


 

Insurance Related Covenant Proposal

Considerations for Covenant 26 - Subject-Insurance
 

While the EMHA has had liability insurance, it was recommended by our legal firm that we add this section to our covenants.  This would demonstrate that not only is insurance necessary on each lot in the EMHA, but that the HOA has an obligation to have insurance on the common areas. 

It's common language in most HOAs and  does not make any practical change to how the HOA insures itself.  


 

Rules and Regulations Related Covenant Proposal

Considerations for Covenant 27 - Subject-Rules and Regulations

We are proposing this section again on the advice of our legal firm. 

Specifically, they recommended this addition so the HOA could enforce fines in the case of covenant violations.  In the past, some covenant violations have gone into small claims court and the board wishes to avoid this in the future.  

While there is a covenant enforcement policy that was adopted last year, it was recommended that this section be added.  This would make our HOA consistent with the enforcement policies of most other HOAs.


 

Common Areas Related Covenant Proposal

Considerations for Covenant 28 - Common Area Maintenance

This has been added to show that it is the responsibility of the HOA to maintain the common areas. 

It has been the past practice by board and committee members to mow the ball filed and maintain other areas, such as weed abatement. 

This insures that practice will continue.

 

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Emha Admin,
Aug 19, 2017, 7:49 PM
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Emha Admin,
Aug 7, 2017, 6:37 PM