Following the town hall meeting held last November, the Board of Directors began working to revise the Covenants to incorporate majority-backed suggestions made at the meeting. The process is taking more time than was expected. Initially, the holidays slowed progress, but it was also discovered during the review that the original Covenants could not be amended in isolation from the Bylaws.
Covenants Versus Bylaws
To understand why both documents should be worked on simultaneously, one must know the role that each plays and be familiar with their contents. Simply put, covenants describe the community rules, whereas bylaws govern the operation of the HOA. Both documents are legally binding and enforceable and should work in concert with one another. However, the original KG Covenants contain a mixture of rules and operational processes, and the original KG Bylaws contain multiple sections that overlap the Covenants.
Need for Comprehensive Rework
The original Covenants and Bylaws are typical of documents produced by developers in the early 2000s. They need updating, not only to bring them up to date with respect to state laws, but to separate community rules from operational processes and place each in their corresponding document.
Where Are We Now?
The Board has completed its review and revision of the Covenants. A copy of that document was sent to our legal counsel in mid-January. A new Bylaws document was produced by the attorney and sent to the Board for its review late last week. There is still much work to be done to ensure the two documents address the appropriate provisions.
What Can Owners Expect?
Unfortunately, it will be necessary to present the amended Covenants and Bylaws to lot owners at the same time during the next election. It will be a cumbersome, but necessary process, perhaps even confusing to some. All owners need to consider and understand how the Bylaws and Covenants impact each other before voting.
To help ease the voting process and to make it as painless as possible, the Board is planning documentation to walk owners through the proposed changes. A general description and a detailed explanation are being considered.
The goal of the Board is to finalize everything during the first quarter of this year. Additional communication will be published as the Board nears the conclusion of its work.
Any comments or questions owners might have are welcomed. Please email the Board at board@kensingtongrovehoa.org.