Q: Why isn't Commercial and University Green involved in this amendment?
A: We are working on amending the residential deed restrictions for the four main cores only. There are 15 different sets of residential deed restrictions in Oakbrook, Oakbrook West, Camino South and Meadowgreen. When you look at where the money is currently spent, the majority of our funds goes to maintaining common areas and facilities located within those four main areas. Therefore, it makes sense that those residents should fund the maintenance since they have the largest vested interest.
Q: What happens to the original Community Service Charge (mill assessment) fee?
A: That fee still remains as is. This amendment adds a fee to help supplement the cost of maintenance and services for the residential areas within Oakbrook, Oakbrook West, Camino South and Meadowgreen.
Q: Why amend the deed restrictions and add a new fee instead of simply raising the current fee?
A: The original CSC document affects all land owners and therefore is a vote of all of the land owners. Because University Green and Commercial owners already see a significantly lower amount of services in their area, their owners are not in favor of an increase. The vote would require a majority of the square footage and those two land masses together almost make a majority. This means a vote to increase in this manner is highly unlikely to pass.
Q: Why isn't this a democratic "YES" or "NO" vote? Why aren't qualified election judges being used in accordance with the ByLaws?
A: The amendment provision does not call for a vote in that manner. The amendment provision is a simple provision that requires a MAJORITY OF THE THEN OWNERS to consent to the amendment. No where in the amendment provision does it call for an "election" or "vote" handled by qualified election judges. The ByLaws require qualified election judges for the election of Trustees. This amendment is similar to a petition process, where you collect signatures and once you reach the quota of signatures the petition is completed. The document does NOT require an up/down yes/no vote, nor does it require qualified election judges.
Additionally, if we followed the election procedures in the Bylaws we would actually be violating the amendment process. The ByLaws do not allow non-resident owners to vote in the election for Trustees. However, the amendment states that a majority of the then owners have to consent to the amendment, with no differentiation between resident vs. non-resident owners. You can't pick and choose which sections of which documents to follow.
Q: Why $80?
A: When looking at the current budget vs. what is really needed to sustain the organization, it was determined that every homeowner in the 4 main cores would need to contribute an additional $80 to fund the requirements.
Q: Why is there an automatic increase provision? I don't like the idea of you being able to increase without my approval!
A: The current problem we are faced with is reaching owners, tracking how many owners there are, and gaining their support and signature. This is a very time-consuming and expensive process. With that said, the ability to increase the fees nominally each year prevents the organization from getting in as tough of a situation as it is today ever again. Even if the board did increase dues each year by 3%; the reality is that 3% is only a couple dollars per year. Here's an example:
|
Yr 1 |
$80.00 |
$2.40 |
$82.40 |
|
Yr 2 |
$82.40 |
$2.47 |
$84.87 |
|
Yr 3 |
$84.87 |
$2.55 |
$87.42 |
|
Yr 4 |
$87.42 |
$2.62 |
$90.04 |
|
Yr 5 |
$90.04 |
$2.70 |
$92.74 |
|
Yr 6 |
$92.74 |
$2.78 |
$95.52 |
|
Yr 7 |
$95.52 |
$2.87 |
$98.39 |
|
Yr 8 |
$98.39 |
$2.95 |
$101.34 |
It would take 8 years for the new fee to be raised $21.34. That is right on track with keeping with the cost of living and increase in expenses such as fuel, energy, etc. But, don't let this automatic increase scare you away from the proposal, remember the board has the RIGHT to increase but not the obligation! This means an increase each year isn't automatic.
Q: What happens if some sections don't approve the amendment?
A: Approval by all sections is certainly our goal; but we realize that may not occur. At this point, any increase would help to prolong the organization's operations. In the event that a complete approval by all 15 sections isn't obtained we will reorganize the budget to allocate what new funds are approved appropriately. Here's an example: If all 15 sections approve, our plan for mowing of the common areas is to increase the frequency from 26 times per year to 42 times per year. However, if only 8 sections approve the amendment we may only be able to increase from 26 times per year to 36 times per year. (Keep in mind this is just an example for visualization purposes!)
Q: What am I going to get for my $80?
A: With the additional funds received we will be able to increase mowing frequency at our parks and entrances, maintain the facilities to a higher standard that helps make the community more marketable in the real estate market. What realtor wants to drive a potential purchaser into a community whose entrance or park hasn't been mowed in 3 weeks? We will also be able to work on ensuring a higher level of deed restriction enforcement. This too will help protect the community from unwanted eyesores and problems.
Q: I don't care about swim/tennis tags, why should I vote in favor?
A: Just because you don't care about swim/tennis doesn't mean you don't benefit by having the facilities in the neighborhood. If/when you list your home on the market, a community swimming pool and amenities are something that makes your home competitive with homes in our neighboring communities. Also, while the pools and amenities are a large part, the fact is the association isn't just about the pools. You also receive deed restriction enforcement, park maintenance, mosquito spraying and entrance maintenance.
Q: Why do both owners need to consent?
A: The current restriction requires that a majority of owners consent to an amendment. This means if we have 100 homes, and each home has 2 owners (200 owners total), then we need at least 101 owners to consent. Every owner counts! It is also important to note on the form if you are the SOLE owner, so we don't count your home as requiring two owners' signatures towards the requirement.
Q: I already feel like I don't know where my money goes? I mean what exactly DOES CLCCA do with my money that I send each year? Why should I increase it further?
A: CLCCA publishes its annual tax returns, audited year end financials and annual operating budget on its website. Feel free to review it and contact our office with any further questions.
Q: I am in support of the increase. How can I get involved to help in the process?
A: This proposal is a monumental task, and we can use all the help we can get. Contact Leslie Alvarez at (281) 488-0360 or by email at | 
