First, we wish to apologize to the residents that feel “bombarded” by unsolicited emails. One resident expressed their frustration by writing, “I did not provide my email address to receive the opinions of other homeowners. I, provided my email address to receive information directly from the HOA or for basic information concerning community events.”
To provide clarity, Woo-Cat Management will never provide your personal information to other homeowners. To answer a question, we received many times yesterday, homeowners received your email addresses when you provided your information to the newsletter committee, and associated committees.
Second, we want to make certain that only facts are provided to homeowners in order to weed through misinformation and assumptions. Woo-Cat Management did not draft the changes being presented to homeowners. Only the executive board has such authority. Woo-Cat Management is the keeper of the record and it would be a conflict of interest if we were also drafting the changes being presented to homeowners. However, Woo-Cat Management has a duty to all homeowners to bring clarity when clarity is being requested.
Third, the biggest objection concerning the bylaw updates is a perception that the executive board is changing the language associated with the removal of an executive board member and/or officer. Essentially, as the documents stand now and are the current provisions of Watson Run, the executive board can remove an officer (president, treasurer, secretary) for any reason or no reason at all. The language is more restrictive for the removal of just an executive board member without an officer role.
In order to level the playing field for all elected executive board members, the updated documents place the same restrictions on the removal of any executive board member – not just officers. Without leveling the playing field, it may become difficult to fill officer roles if some executive board members are protected and others are not. The executive board agrees that all executive board members, regardless of office, shall only be removed by the executive board for cause. The attached document reflects such language. You will also note that two highlighted "yellow" sections in the attached 2020 Proposed Bylaw Revisions are the sections we have received the most questions about and the executive board has made updates.
Current governing document language (already in your governing documents):
4.07 Resignation and Removal. Any officer of the Association may resign at any time by written notice to the Executive Board. Any officer may be removed from office by vote of a majority of the directors at any meeting of the Executive Board. Any director who resigns or is removed as a director shall also be deemed to have resigned or been removed, ipso facto, from any office he may have held.
Fourth, the current governing documents already allow the executive board to make any reasonable changes and/or adopt further rules and regulations by simply allowing community comments.
Current language (already in your governing documents):
6.04 Rules and Regulations. Subject to Notice and Comment, the Executive Board may make, promulgate, amend, rescind and enforce compliance with such reasonable rules and regulations governing the operation, use and occupancy of the Units, the Common Elements and other portions of the Community as the Executive Board shall deem necessary or appropriate from time to time.
The governing documents currently mandate changes to the declaration and bylaws be provided to the community, a meeting scheduled to review and discuss, and a platform for rejections (exception for corrective amendments).
Amendment to the Bylaws shall be proposed by either the Executive Board or by Unit Owners having at least 20% of all votes in the Association. The proposed amendment must be reduced to writing and shall be included in the notice of any meeting at which action is to be taken thereon.
Except as otherwise provided in the Declaration, the affirmative vote of Unit Owners having a majority of the votes shall be required to amend the Bylaws; provided, however, no such amendment shall be deemed approved prior to the Date of Termination of Declarant Control unless such amendment has been approved by the Declarant.
Any amendment to the Bylaws shall be subject to the provisions of the Declaration.
8.03 Corrective Amendments. If any amendment is necessary in the judgment of the Executive Board to cure any ambiguity or to correct or supplement any provision of these Bylaws that is defective, missing or inconsistent with any other provision hereof, or with the Act or the Declaration, or if such amendment is necessary to conform to the requirements of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation with respect to planned community projects, then at any time and from time to time the Executive Board may effect an appropriate corrective amendment without the approval of the Unit Owners or the holders of any liens on any Unit, upon receipt by the Executive Board of an opinion from independent legal counsel to the effect that the proposed amendment is permitted by the terms of this Article.
If you wish to visit the current governing documents in their entirety, please visit the website:
Please click on, “Watson Run Covenants”
Scroll through to the “Bylaws Section.” We are not separating the current governing documents out because we want homeowners to see the governing documents in their entirety. The only proposed changes being made are to the rules and regulations and the Bylaws. If it is not being requested for amendment, the provision does not change.
The main intent of the executive board making governing document changes was to take out references to the Declarant (now that the executive board is vested with overseeing the community), clarify language, and make updates suggested by other homeowners.
We appreciate the opportunity to provide clarity to homeowners and respectfully ask that homeowners only send emails to other homeowners they know will be receptive to receiving such emails. Many homeowners only provided their email addresses and phone numbers to the newsletter committee and associated committees to receive official community information – not thoughts and feelings regarding community misunderstandings and/or conflicts. Homeowners may also notify senders to remove them from their email lists if they feel inclined. All homeowners will have an opportunity to voice their opinions at the annual meeting.
If there are further questions or comments, kindly email them directly to: Support@WooCatManagement.com so we can preserve the record.