2021 PROPOSED DECLARATION AND BYLAWS
Indentures Update (5.21.21)- Homeowner Feedback Heard Loud and Clear
We want to thank you for the last weeks' worth of questions, comments and concerns regarding the Declaration/Indenture updates. We know these are big changes and we appreciate your involvement in helping make them the best documents for our community. We also want to acknowledge that as a Board, we have had more time to sit with the changes and get comfortable with the language. There is a great deal of legal language being disseminated in answers that can be tricky to understand. We also realize that this feels rushed, and you may be asking why? While there are some very good reasons for the sense of urgency, we acknowledge that we need to slow down a little.
We have already made changes to the Declarations and By-Laws based on homeowner feedback. We are continuing that process. We plan on sending the updated draft document next week. (“Draft” will continue to be placed on the documents until they are approved by homeowner vote. The approved document sent to St. Louis County will have “Draft” removed.) This updated draft will include all of the edits that have been made based on the first open forum, yesterday's Board meeting, and questions and comments received from . You will also receive a redlined document prepared by the attorney.
Once you receive that updated draft, we ask you to review it and participate in the next two open forums on Wednesday, 5/26, and Thursday, 5/27, from 4-8. The attorney will not be present; this is not a Board presentation or a legal representation of the documents. Our hopes are that these forums are a true community conversation, with open, friendly, dialogue between neighbors. This will be the last opportunity to influence the final documents that you will be voting on. Please come and make your voice heard.
The Board will meet with the attorney and agreed upon edits will then be made. A final draft document will be disseminated to all homeowners during the first or second week of June. Voting will begin at that time.
We know there are some questions regarding the voting process. We are taking all homeowner feedback into account and want to make sure we have a solid process outlined. Once we do, we will communicate the process and timelines to homeowners.
We recognize the work that homeowners have done thus far in providing feedback and edits. We believe it has truly been a benefit, to not only the Board, but also to all homeowners and we don’t want to stop that process. On the contrary, we want to continue it; allowing us to foster a continued trusting relationship between all neighbors.
Amanda Perry, Nathan Hopper, Jana Flynn, Brad Barker, Bob Kramer, Jeanne Flowers, Craig Boling, Joyce Del Vecchio
PROPOSED INDENTURE UPDATES (5.13.21)
Our indentures (Declaration) are being updated by our legal committee, and we plan to answer questions and explain what this means and why it is necessary. This is a required vote. Changes and updates to the indentures require an affirmative vote of 66% of the entire LCHOA community.
We will be discussing and taking questions about this at the annual meeting from 7:00pm-9:00pm tonight: Thursday, May 13, 2021. We are also making ourselves available for questions at the clubhouse on the following dates: 5/19, 5/26, and 5/27 from 4:00pm-8:00pm.
Like many older subdivision associations, our indentures are outdated and lack certain important and necessary provisions for the Board to function effectively. Additionally, our Documents do not contain bylaws; this is surprising and needs to be altered.
Indentures and bylaws are legally-binding, recorded documents recognized by the State of Missouri and recorded with the St. Louis County Recorder of Deeds Office. The City of Wildwood states it is quite common for indentures to be updated or rewritten when they are old or are lacking substance.
Indentures (aka. Declaration of CC&Rs) are what we can do as a subdivision within the framework of the State and County’s rules and regulations. Subdivision indentures set out the physical boundaries of the subdivision, describe the responsibilities and powers of the association, and details the rules and procedures by which the subdivision operates. Indentures are in place to protect the aesthetics and value of a neighborhood.
The bylaws, on the other hand, govern how the HOA operates. They describe how to run the HOA as a business. The association’s bylaws generally dictate, among other things, the duties and responsibilities of its board, meetings, voting procedures, elections, and management of the association. These hold the Board accountable.
The Harbors at Lake Chesterfield Homeowners’ Association was created in 1987 and was intended to be developed as a Mixed Use Development including both residential and commercial properties. We do not have commercial properties, and this description was never changed in the County records.
The objective of new indentures (Declaration) is to foster effectiveness and efficiency in the performance of the Association’s functions, to balance the rights and responsibilities of the Owners, to remove obsolete Declarant provisions, to have reasonable restrictions on use of properties and standards for architectural design review, and to provide reasonable flexibility for adapting to changing circumstances in the future. For example, it is recommended that subdivision indentures allow for the ability to send notices via electronic communications and to conduct meetings virtually if needed, but our current indentures were created prior to technological advances like email and virtual meetings and do not allow for the use of such without extenuating circumstances like the Covid pandemic. Using standard mail costs Owners thousands of dollars when the same information can be disseminated via email for no cost increase. It is also important to have a solid amendment provision within the indentures to avoid future complications with advancing technology and changing State and Federal laws.
All proposed documents are linked below. If you have any questions please submit them in the form at the bottom of the page and they will be sent directly to the legal committee to get back with you.