Eagle Watch Proposed Bylaws and Declaration of Covenants

Eagle Watch Homeowners’ Association officially turned 30 years old August 2018.

To continue to offer the highest quality of life in our Eagle Watch community, the Eagle Watch governing board has been working on updating the original covenants to become in compliance with updated legal and technical changes over the last three decades. Our only reason for updating the covenants is to protect all residents and our community.

After much review and revision with the consult of legal counsel the updated covenants are ready for resident vote (voting instructions are below).

Existing:

By-laws

Declaration of Covenants

Proposed:

By-laws

Declaration of Covenants

Comparison:

Original vs Proposed By-laws

Original vs Proposed Declaration of Covenants

Legal Summary

General information:

  • The proposed Declaration of Covenants and By-laws are on this site.
  • Two comparison documents that identify areas where the original documents have been modified are also on this site.
  • In order for the updated covenants to pass, 67% of owners must vote in favor of the new documents.To cast your ballot:

To cast your vote:

  1. Please visit https://vote.associationvoting.com/ewhoa2/ .
  2. At the landing page, please enter your Member Number and Last Name.  The Member Number is a unique number for each individual address; please safeguard this number. If you do not have yours, please email Kenneth Hair – ewatch@accessmgt.com.
  3. Read the Welcome screen. Click Proceed to Ballot to continue.
  4. Read the description of the proposed vote. If you want to review the documents one more time and do
    not have the hard copies available, you can view them at the links above.
  5. At the bottom of the screen, chose either, “I approve” or “I do not approve” and select Preview Ballot.
  6. Read and confirm your choice on the Confirm Your Selections page. If you agree with the choice shown,
    please select Cast My Ballot.
  7. You have completed the voting process!

There are some very important changes in these documents.  Some of the highlights include:

  • Leasing:
    • Caps leased homes at 100 total homes.
    • Prevents leasing to registered sex offenders or those convicted of crimes of physical violence.
    • Requires a leasing permit.
    • Requires tenant screening for all adult tenants prior to lease inception.
    • Stronger enforcement tools to ensure the adherence to maintenance standards for tenants.
    • Required lease addendum binding the owner and tenants to the documents/rules of the association.
    • Prohibitions for Airbnb and VRBO.
  • Prevents delinquent owners from participating on the Board or Committees.
  • Removes all language referring to the developer.
  • Specifically lists obstructing drainage as a violation.
  • Requires owners to carry insurance.
  • Adds a right to amend the documents without a vote if required by government law, ordinance or regulation.
  • Strengthens electronic voting and records provisions.
  • Gives the Board of Directors the ability to remove a Director under specific circumstances.
  • Provides for a default procedure for amending the documents should owners fail to vote.
  • Adds a definition of a Domestic Partner when defining rights ascribed to an owner and family.
  • Adds provisions for the membership to veto a budget.
  • Reduces the amount of a special assessment without a vote of the membership to half of the current level.
  • The explanation of the ACC procedures is simplified and an appeal process for ACC decisions is added.

The list above is not meant to be an all-encompassing list, but an example of the changes you can expect from the current documents to the new documents.  Again, please do not hesitate to submit questions, comments or concerns.  Please email all comments to ewatch@accessmgt.com.  All comments will be provided to the Board for review prior to the distribution of the voting documents.

Thank you very much for your time in this document review process, which will make your HOA a stronger and better Association.