put to a vote during the Annual Meeting on June 22th. Two thirds of
the membership must approve of a proposal before it can be adopted.
The proposal was easily passed by the members present or by proxy but it
failed to garner the required (2/3rds) of the membership.
The By-Laws Committee, in conjunction with the Developer, propose the following changes to the DECLARATION OF COVENANTS AND RESTRICTIONS FOR CYPRESS CREEK
ESTATES. The black text is the current Section, Subsection and Paragraph.
The red text is the new amendment which will be appended to the existing
paragraph 3 text (if it is approved).
amendment was made in response to the expenditures for the front gate
upgrades and the median landscaping & lighting improvements last year. The
financial information for CCEPOA was not distributed before the 2015 annual
meeting which brought into question the proxies of owners voting before the
meeting not being fully informed. This amendment was put forth as a
means to limit the spending authority of the board without the consent of
be aware that capital expenditures (new projects or purchases) are covered
in Special Assessments which
limits the board to $5,000 without gaining the approval of the membership to
fund the capital expenditure by making a uniform special assessment on each
below will be voted on at the 2016 annual meeting. The proposal sets a
maximum spending limit of $15,000 on maintenance projects before the board
is required to submit the spending proposal to the membership for a vote.
The text in
is the new amendment.
SECTION II. ASSOCIATION, CYPRESS CREEK ESTATES PROPERTY
F. Association Property.
3. Maintenance of Property. The Association
is authorized to and shall either by virtue of the appointment of a
person, firm, corporation, or other real estate management agent, or
through its own personnel, provide for the maintenance and repair of the
entrance islands, gates, walls, roadway, etc. of CYPRESS CREEK ESTATES,
and also of such property as may be acquired by the Association pursuant
to this Section I F. (1) The Developer, its affiliates, successors and
assigns, may be the management agent hereunder and nothing shall be
deemed to invalidate any agreement hereunder and the Developer or its
affiliates as the Agent for reason that at the time of entering into
such agreement, employees, officers or agents of the Developer or its
affiliates are the officers and/or directors of the Association. (2) All
necessary areas for drainage or roads shall at all times be maintained
in a manner consistent with their use as drainage or road rights of way,
as provided in the plat of CYPRESS CREEK ESTATES. (3) Developer reserves
all necessary easement rights to properly serve and maintain the water,
electricity, telephone, cable vision, etc. services provided for the
general use of the property owners.
Addition of the following
language to be appended to subsection F, paragraph 3 above:
single expenditure, or group of related expenditures, on the maintenance or
improvement of Association property shall exceed $15,000.00
except when it shall have the approval of the membership of the Association,
said approval to be obtained at a duly convened regular or special meeting
called at least in part to secure this approval, by an affirmative vote of
no less than two-thirds (2/3rds) of the members present in person or by
proxy. (5) The spending restriction in (4) shall not be applicable to any
emergency repairs required to restore functionality of, or to prevent
imminent loss of, Association property.