Hands up if you've ever said (or written on social media) "that's not fair", "so outdated", "allow a little bit more freedom" or "that's just silly" or simply expressed frustration with the language in our By Laws and/or Deed restrictions?
Ever been frustrated or thought about parking, fences, sheds, additions to your home, yard care, house colors, how your money is spent, fines, who decides what and how?
Most of you? Yep, us on the Board too. You are not alone. We are Fairway Springs homeowners, just like you, bound by the rules of the neighborhood. Our day to day volunteerism simply empowers us to enforce and defend the rules that are in place. Even if we don't like them either.
These rules are laid out in our governing documents; primarily our Deed Restrictions and our By Laws. Beyond the laws and statutes that MUST be followed, like those laid down by Pasco County and the State of Florida, our Deed Restrictions and By Laws dictate how the neighborhood should be managed by the HOA and what expectations and minimal standards are required.
As the ever changing members of the Board come to learn, we cannot change these rules, just enforce and defend them.
You on the other hand, the community, the neighbors who make up the membership of the HOA, can change the rules. After all, they're our rules right? Homeowner rules. Homeowners made them and only homeowners can change them. You might not have been around when they were created, but now you own inside Fairway Springs, you are a member of the HOA and you have the power to change the rules you'd like all to be governed by.
There is a slight catch though - you can't change them alone. There needs to be a majority of you who agree to the changes and you express your approval through voting in a democratic process.
ByLaws - ARTICLE VII - AMENDMENT OF BYLAWS
The bylaws of the association may be modified, amended or revoked, unless specifically prohibited elsewhere herein, at any regular or special meeting of the members of the Association by not less than 75% of the votes of the entire membership of the association, provided that not less than fourteen (14) days' notice of said meeting has been given to the members of the association, which notice contained a full statement of the proposed modification, change or revocation.
To change the ByLaws requires 75% of homeowners to vote.
Deed Restrictions - Section 11.06. - Amendment (partial copy). Subject to the provisions of Section 11.03 (b) hereof, the covenants, conditions and restrictions of this Declaration may be amended by the affirmative vote of more than fifty percent (50%) of the Owners voting in person or by proxy at a duly called meeting where a quorum is represented. The amendment shall be effective upon recordation of the executed amendment among the Public Records of Pasco County, Florida...
To change the Deed Restrictions requires that a quorum has been reached AND that a "yes" vote of more than 50% of homeowners, in that quorum, is achieved.
ByLaws - Section 7. Quorum. The presence in person or by proxy at the meeting of members entitled to cast 33 1/3% of all votes, regardless of class of membership, shall constitute a quorum for any action required by the membership, except as otherwise provided in the articles of incorporation, the declaration of covenants, conditions and restrictions or these bylaws.
Now you know how many of you it is going to take to change things, we should talk about how to go about making changes. Before we do that though, there are questions to be answered; What changes do you want? Who determines which changes make the final cut and which ones don't? How is the language of that changed rule written so as to accurately reflect both intent and defensible position, without ambiguity or exploitability?
So much of this comes down to you. The homeowner. You are being given a voice; an opportunity to contribute to the governing rules of the community moving forward. How do you want to be heard?
How do I want to be heard?
I want to be on the primary changes committee -details below
I want to be on a changes sub-committee -details below
I'll vote on the changes once they're recommended
I'll make my suggestions in the comments below -add comment
Primary Changes Committee (5 persons) - Please email fairwayspringssecretary@gmail.com or president.fshoa@gmail.com with your intent.
Will meet at most bi-weekly, in person and online to:
Plan the work
Divide the workload across sub-committees
Align activity calendar with annual meeting
Plan town hall meetings (if necessary)
Coordinate and oversee all change activity recommendations
Engage with HOA attorney
Build and execute a communications plan
Partner with the Board on the "Get out the Vote 2024" activities
Produce the final changes documents
Liaise with the HOA Board
Changes Sub-Committees (3-5 persons) - Please email fairwayspringssecretary@gmail.com or president.fshoa@gmail.com with your intent.
Will meet at most bi-weekly, in person and online to:
Research and recommend areas of new items and/or changes
Some suggestions:
Fences
Sheds
Parking
Home improvements
Yard improvements
Pools
Seasonal Decorating
etc.
Liaise with the Primary Changes Committee
The last time that the Deed restrictions were updated was 2018 and it was not, by all accounts, trivial work. But with the right people giving just a little bit of time each we can execute well in time for the annual meeting vote in March of 2024.
Please take to the comments or the forum with your thoughts, comments, or ideas for improvement on this process. You have a voice in this process - don't lose it.
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