At the HOA meeting held on August 19, 2021, the HOA agreed for Libby Billlham to summarize the remaining paragraphs that did not pass at the last vote held in 2016. There are two tables below, one amending the Bylaws and one amending the Covenants. Please review each table before the meeting. The first column shows the original wording of the paragraph, while the second column shows the revised wording with the new wording in red print. The third column shows the reason for making the change.
These amendments will be considered at the next HOA meeting to be held on Oct 14, 2021.
| Initial Bylaws Article | New Bylaws Article | Explanation for Change |
|---|---|---|
| ARTICLE III – Meeting of Members | ||
| Section 4. Quorum. The presence at the meeting of Members entitled to cast, or of proxies entitled to case, one-tenth (1/10) of all votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation or these Bylaws. If however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, except for those meetings called for the purposes of taking action under Section 3 or Section 4 of Article II of these Bylaws, until a quorum as aforesaid shall be present or be represented. | Section 5. Quorum: For Regular and Annual meetings handling GENERAL Business, the quorum is 8 Lots present (25% or 7.75 out of 31 lots) entitled to vote in person or by proxy. For Special Meetings handling MAJOR business of $5000 or greater in dollar value, the quorum is 17 Lots present (50% plus 1 lot or 17 out of 31 lots ) entitled to vote in person or by proxy. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, except for those meetings called for the purposes of taking action under Article II, Section 2 or Section 3 of these Bylaws, until a quorum as aforesaid shall be present or be represented. | The old section 4 is renumbered to the new Section 5 titled Quourm. The quorum is changed from 1/10 of all votes of the membership to the following: For Regular and Annual meetings for GENERAL Business the quorum is 8 Lot Votes (25% or 7.75 out of 31 lots). For Special Meetings to discuss MAJOR business of $5000 or greater dollar value, the quorum is 16 Lot Votes (50% or 15.50 out of 31 Lots). As discussed at the meeting on August 19, 2021, the wording was rewritten to make it more clear as to how many lot votes equated to the 25% and the 50% minimum of Lots present at meetings. |
| Nothing in the initial bylaws addressed voting. | Section 7. Voting: All GENERAL business issues to be voted on shall be decided by a majority vote (equates to 17 lots) of those eligible Members present or by proxy, at the meeting in which the vote takes place unless otherwise specifically stated in the Covenants. All MAJOR business issues to be voted on shall be decided by a two-thirds (equates to 22 lots) vote of those eligible Members present or by proxy at the meeting in which the vote takes place unless otherwise specifically stated in the Covenants. | Section 7 is a new section that was to clarify voting procedures. It states two different minimum number of votes required to pass or elect. For General Business items the minimum is the MAJORITY (50% plus one Lot) . For Major Business the minimum is 2/3s Lot Votes. At the August 19, 2021 Meeting, it was requested that the wording be added to sown the number of lots that equate to 50% and 2/3s totals. |
| Nothing in the initial bylaws addressed Electronic Meetings and Voting | Section 8. Electronic Meetings and Voting. Electronic meetings may be held to transact business rather than all participating members being physically present in one area as long as the meetings provide at a minimum the type of equipment or method to present the meeting; the method for determining the presence of a quorum; the conditions under which a member may address the chair; how a motion in writing during an electronic meeting is issued, and how to vote during an electronic meeting. Ballot Votes may be cast either an an in person meeting OR as an electronic Ballot Vote using the CCP HOA website. These details are addressed in the Standing Rules of the Bylaws. | Section 8 is a new section that was added at the request of members attending the August 19, 2021 meeting. This will allow homeowners to use Zoom to conduct electronic meetings and to vote via the website voting platform. The Standing Rules address the additional rules to conduct the meetings and votes electronically. |
| Section 2. Term of Office. At the first quarterly meeting, the members shall elect four (4) officers. Two (2) of the four (4) officers initially elected shall hold office for one (1) year and the remaining two (2) Officers shall hold office for two (2) years. Thereafter, each Officer shall be elected for a period of two (2) years. | Section 2. Term of Office: Each Officer shall be elected for a period of two (2) years. Members may hold the same office for up to two (2) consecutive terms. For that Member to be eligible to hold office again, there must be a break of one (1) two-year term after holding an office for two consecutive terms. The term of office shall begin on the first day following the election and end at midnight the day of the Annual Meeting when new officers are elected. | This section clarifies that officers may hold only 2 consecutive terms before having a break in holding the same office. This prevents one person from remaining in control for more than 2 consecutive terms and allows other members to serve. |
| ARTICLE XII – PARLIAMENTARY AUTHORITY | ||
| Nothing in the initial bylaws addressed Parliamentary Authority. | The rules contained in the current Roberts’ Rules of Order, Newly Revised shall govern this organization in all cases to which they are applicable and in which they are not inconsistent with the bylaws, standing rules, or rulings of the CYPRESS POINT PLANTATION HOMEOWNERS’ ASSOCIATION, these bylaws or any special rules of order the organization may adopt. | Article XII is a new Article added to incorporate Roberts Rules of Order into the Bylaws. This was requested at the August 19, 2021, meeting. |
| Initial Covenants Article | New Covenants Article | Explanation for Change |
|---|---|---|
| SECTION 5 ASSESSMENTS | ||
| 5.3. Late Charges. All assessments shall accrue late charges and shall accrue interest not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum on the principal amount due. Additionally, the costs of collection shall be added to any amount due, which costs of collection shall include without limitation reasonable attorney’s fees incurred by the Association. The assessments and charges shall be a continuing lien upon the Lot against which each assessment is made, and shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. | Section 5.3 Late Charges: All delinquent assessments shall accrue late charges at one and half percent (1.5%) compounded monthly and shall accrue interest not to exceed the lesser of the maximum rate permitted by law or eighteen percent (18%) per annum on the principal amount due. Additionally, the costs of collection shall be added to any amount due, which costs of collection shall include without limitation reasonable attorney’s fees incurred by the Association. The assessments and charges shall be a continuing lien upon the Lot against which each assessment is made, and shall also be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due. | Clarifies the percentage per month that would. Be charged for late charge if bill was less than 12 months overdue. If you divide 18% by 12 months; the monthly late charge would be 1.5% of the total due. |
| SECTION 7 USE RESTRICTIONS AND RULES | SECTION 7 ARCHITECTURAL STANDARDS, USE RESTRICTIONS, AND RULES. | Renames the article to include architectural standard for the addition of the HARC. |
| The original Covenants stated that Architectural review is not required, provided however that the following standards (Architectural Standards) addressed in Section 7 for improvements shall be met. This is stated in 7.3. This is a new paragraph. | 7.2 Homeowners’ Association Review Committee or (HARC) is responsible for administration of the Architectural Standards, Use Restrictions and Rules, as defined in Section 7. The HARC will only have such rights and powers to review and approve or disapprove modifications, alterations or compliance violations as may be delegated to it by the Board. The HARC will be comprised of the Vice President, who is the Chairperson, and resident volunteers from a list of volunteers obtained at the Annual Meeting. The list will be set up so that Members can volunteer, may indicate those months they would be available, and provide their contact information. When the HARC is required to review new construction, additions, fences, etc, the Vice President will call residents that are on the volunteer list to determine if they would be willing to serve on the Committee at that time. Any resident that has served once during the current year may request not to be contacted again that year. Any time the HARC is required to review documents, or a request, at least three Members must serve on the Committee, one of which would be the Vice President. If the Vice President is not available to serve, then another Board member may serve in place of the Vice President. | Because there were many violations, the board reviewed other HOAs and patterned the HARC for the CCPHOA. It is a new paragraph with subparagraphs 7.2.1 thru 7.2.3. The subparagraphs are addressed separately below. |
| New paragraph. | 7.2.1 No construction, reconstruction, alteration or addition to any structure, building, fence, wall, driveway or improvement of any nature shall be commenced without obtaining prior written approval of the HARC. The HARC will specify if a set of plans and specifications shall be required. | The subparagraph addresses that a review and approval of the HARC is required prior to new additions, etc. |
| New paragraph. | 7.2.2 As a prerequisite to consideration for approval, and prior to beginning the contemplated work, the complete set of building plans and specifications shall be submitted to the HARC if required. The HARC shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations. However, the approval shall not be unreasonably withheld. Upon given approval, construction shall be started and prosecuted to completion, promptly, and in strict conformity with such plans. The HARC shall be entitled to stop any construction in violation of these Covenants. No previously approved building or structure shall be used for any purpose other than for which it was originally approved. | The subparagraph addresses that a review and approval of the HARC if a complete set of building plans and specifications would be required on new construction.. |
| New paragraph. | 7.2.3 “Variance” The HARC may authorize variances from its guidelines and procedures, but only: a) in accordance with duly adopted rules and regulations. b) when unique circumstances dictate, such as unusual topography, natural obstructions, hardship, or aesthetic or environmental considerations. c) when construction in accordance with the variance would be consistent with the purposed of the Covenants and compatible with existing and anticipated uses of adjoining property. All variance must be in writing. Inability to obtain or comply with the terms of any governmental approval, or the terms of financing shall not be considered a hardship. | The subparagraph addresses that a review and approval of the HARC can authorize variances in any of the three ways listed in the. Paragraph.. |
| New Paragraph. | 7.4.5 “Driveway Detail” All driveways must meet the requirements of Exhibit “B”. Exceptions to the Reinforced Concrete Pipe (RCP) requirement can be found in Exhibit “C”. Any driveway which does not obstruct the natural flow of water will not require a reinforced pipe. | Clarifies when the reinforced concrete pipe is required to be installed as required in Exhibit C. |
| 7.3.7. Metal Sheds. Metal sheds shall be prohibited in Cypress Point Plantation. | 7.4.8 “Metal Sheds, Metal Structures, and Open-Sided Structures” Metal sheds, metal structures and open-sided structures shall be prohibited in Cypress Point Plantation unless erected in rear of lot behind a seventy-two (72) inch privacy fence, erected from view of neighboring streets and property, and approved by the Board. Owners must maintain sheds and structures at a high level of quality throughout the life of the structure. | Clarifies when it is acceptable to have a shed on homeowners property. |
| 7.4. Signs. Only one (1) “For Sale” sign shall be allowed on a lot and the size of such sign shall be no greater than 144 square inches in size. Signs required by legal proceedings may be erected upon any Lot. The Board and the Declarant shall have the right to erect reasonable and appropriate signs in Cypress Point Plantation. The provisions of this Section shall not apply to any Person holding a Mortgage who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first Mortgage or as transferee pursuant to any proceeding in lieu thereof. | 7.5. “Signs” No sign boards , including but not limited to, political, contractor, business shall be displayed in Cypress Point Plantation, with the exception of one (1) “For Sale” sign per Lot. The sign shall be no greater than a standard residential realtor sign. Nonconforming signs are subject to being picked up by the HOA. 7.5.1 “Signs at Entry Gate” No signs (including realtor, political) shall not be permitted at the entry gate to Cypress Point Plantation. Flyers representing properties for sale within Cypress Point Plantation may be housed in the Realtor Box at gate. | The paragraph was clarified and the word Declarant deleted. Signs that do not comply can be removed by the HOA. An additional subparagraph (7.5.1.) was added to clarify that signs will not be posted by homeowners outside or at the gate. It allows real estate agents to put flyers in the Realtor Box at the gate. (NOTE: Jane removed the box citing that it was her property. A box needs to be replaced for flyers.) |
| 7.5. “Vehicles” The term “vehicles”, as used herein, shall include, without limitation, motor homes, all-terrain vehicles, boats, trailers, motorcycles, mini-bikes, scooters, go-carts, trucks, campers, buses, vans, golf carts and automobiles. | 7.6. “Vehicles” The term “vehicles”, as used herein, shall include, without limitation, motor homes, all-terrain vehicles, boats, trailers, motorcycles, mini-bikes, scooters, go-carts, trucks, campers, buses, vans, golf carts and automobiles. | Adds golf carts to the paragraph. |
| New paragraph. | 7.6.8 “Parked Vehicles” Overnight or habitual parking of vehicles on side of the road or on the grass bordering the road is not permitted in Cypress Point Plantation. Parking of vehicles along the side of the road shall only be permitted in the case of a special event and not to exceed twenty-four (24) hours. Parking on the grass bordering the road on the property of another Owner during a special event shall only be permitted with the authorization of that other Owner. Motor homes, campers and boats shall be parked to the rear of the Owner’s lot and must be maintained at a high level of quality throughout the duration of their stay in Cypress Point Plantation. | Clarifies vehicle parking on grass, overnight parking, parking for large gatherings, motor homes, campers and boats on properties. |
| 7.7. “Fuel Storage” Storage of gasoline, heating, or other fuels shall be prohibited in Cypress Point Plantation, provided that a reasonable amount of fuel may be stored for operation of landscaping equipment and similar tools and for emergency purposes. | 7.8. “Fuel Storage” Storage of gasoline, heating, or other fuels shall be prohibited in Cypress Point Plantation, provided that a reasonable amount of fuel may be stored for operation of landscaping equipment and similar tools and for emergency purposes. Non-portable propane tanks must be buried or located and screened so as to be concealed from view of neighboring streets and property. Owners must maintain tanks at a high level of quality throughout the life of the structure. | Clarifies the location for Non-portable propane tanks on property. |
| 7.15 “Drainage” Catch basins and drainage areas, including drainage ditches, are for the purpose of natural flow of water only. No obstruction or debris shall be placed in these areas. No Owner or Occupant may alter, obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains, the right to alter same being expressly reserved to Declarant. No dumping of grass clippings, leaves or other landscaping debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances shall be allowed on any Lot, or in any drainage ditch, water source or elsewhere in Cypress Point Plantation, except that fertilizers may be applied to landscaping provided that care is taken to minimize runoff. | 7.16 “Drainage” Drainage ditches adjacent to each Lot are the responsibility of the Owner to maintain. Catch basins and drainage areas, including drainage ditches, are for the purpose of natural flow of water only. Maintenance of the main drainage easements, identified in Exhibit “C”, will be sprayed and/or cut through at least annually for the purpose of assisting with the natural flow of water. No obstruction or debris shall be placed in these areas. No Owner or Occupant may alter, obstruct or re-channel the drainage flows after location and installation of drainage swales, storm sewers, or storm drains, the right to alter same being expressly reserved to Cypress Point Plantation Homeowner’s Association (CPPHOA). No dumping of grass clippings, leaves or other landscaping debris, petroleum products, fertilizers, or other potentially hazardous or toxic substances shall be allowed on any Lot, or in any drainage ditch, water source or elsewhere in Cypress Point Plantation, except that fertilizers may be applied to landscaping provided that care is taken to minimize runoff. | Clarifies who will maintain ditches on lots in accordance with Exhibit C. |
| New paragraph. | 7.21 “Flagpoles” Not to include small garden flags, no Lot shall have more than one (1) free standing flagpole of any type. Flagpole must be constructed of aluminum or steel and capable of withstanding all elements of weather. Flag(s) must be mounted and sized to suit flagpole and installation. Flag(s) must be displayed in a respectful manner and must not be offensive or disturb the peace of the Owners and guests of Cypress Point Plantation. | Clarifies the number of free standing flagpoles, constructed, and displayed flags cannot be offensive or disturb the peace of homeowners and guests. |