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Agenda - Council - 12/13/2016
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Agenda - Council - 12/13/2016
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3/17/2025 3:55:10 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
12/13/2016
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Based on the letter from the HOA's attorney, the Board received 8 additional YES VOTES <br /> mailed to the Board that we are not aware of. This brings our total YES VOTES to 156 which is <br /> 58%. Clearly, the majority of homeowners in our Northfork community would like to see <br /> homeowners allowed to have chickens within Northfork Homeowners Association. <br /> If anyone would like to see copies of these YES ballots,please email us at <br /> tomedieharer(c comcast.net; and we will email you the copies as proof we have 148 Confirmed <br /> CIES VOTES. <br /> It is with much concern, that the Board is spending our HOA money on attorney fees regarding <br /> this matter. If the Board was truly interested in the voice of the community (to serve our <br /> community), they would have simply taken a fair poll of the Members opinions and would not <br /> need an attorney involved. On November 10, 2016, a homeowner in our community attempted to <br /> contact the Board regarding the chicken vote, and was told by the Board Member that he was <br /> instructed by the HOA's attorney to not discuss this matter with Members. Again, if the Board <br /> was truly interested in the opinions of their members, this would not need an attorney involved. <br /> SECOND POINT: THE BOARD'S ACTIONS <br /> In various documents, The Board has stated the following: "The Northork HOA Board of <br /> Directors held a regularly scheduled meeting on June 12 2012 at that point the Board of <br /> Directors unanimously amended Article IV(Rights and Obligations of Owners): Section 4.3.6 <br /> ((se o Lots) as quoted below: <br /> "Article IV(Right and Obligations of Owners),- Section 4.3.6 (Use of Lots)- "The keeping of any <br /> pet on the Property shall be restricted according to provisions of the Associations Rules and <br /> Regulations as amended by the Board ofDirectors from time to time provided however, in no <br /> case any type offish, fowl or animal be bred kept or maintained or commercial purposes on the <br /> Property. " This was amended, June 12, 2012 by the HOA Board of Directors to include ANY <br /> livestock whether commercial or personal use" <br /> Issue 1: The Board CAN NOT amend our Covenants without 75%homeowner approval! <br /> Issue 2: When we pointed Issue 1(above) out to the Board, the Board changed their <br /> wording on certain documents to now read "the Board of Directors unanimously changed the <br /> Association Rules and Regulations". This is how the Board worded it in the letter you received <br /> with the Chicken Ballot. <br /> Issue 3: At the time homeowners received the Chicken ballot on Saturday, November 5, <br /> 2016, the Board had NEVER posted a Governing Document called "Association Rules and <br /> Regulations". How could they have amended this document on June 12, 2012 when this <br /> document had NOT existed? This Governing Document, "Association Rules and Regulations" <br /> had NEVER been mailed to the homeowners or posted anywhere for the homeowners to have <br /> knowledge of it. <br /> 2 1 P a g e <br />
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