Three matters were on the agenda for the Association’s Special Meeting of October 13, 2016: (1) vote on proposed settlement with the Greenbergs and an associated amendment to the Declaration; (2) vote on a proposed amendment to the Declaration impose a term limit on the offices of President and Vice President and to change the mode of election;(2) a report on the investigation of the pond committee appointed at the annual meeting to investigate potential remedies for the pond located between Misty Hollow Court and Meadowbrook Run. Continue reading
Note: As of May 14, 2017, 100 members have voted, with 97 voting in favor, so we still need 23 votes for approval.
As of the Special Meeting of October 13, 2016, 81 of the 133 Lot Owners in Fox Fields had voted on the Amendment to approve a settlement with Martin and Patti Greenberg, as described below. Of the 81 who have voted so far, 78 Lot Owners (96.3%) have voted in favor.
We are now requesting the 52 Lot Owners who have not yet voted to submit their ballots as soon as possible so that we may satisfy the Fox Fields Restrictive Covenant requirement of 90% approval of the 133 Lot Owners’ (120 Lot Owners) to support an amendment.
As demonstrated by the voting to date, the clear sense of the community appears to be in favor of the Amendment, but we need all to vote to authorize the Board to proceed.
We will be sending ballots via electionbuddy.com later today to solicit your vote. Please check your spam if you do not see the ballots in your inbox. We are only sending ballots pertaining to this amendment to those who have not yet voted on it
The following is the explanation of the circumstances which led to the settlement recommendation:
The first item of business for the Special Meeting of October 13, 2016 is a vote to approve or disapprove a proposed settlement with Martin and Patti Greenberg pertaining to the location of their pool deck and pool fence. The Board recommends approval. Because the settlement will require a modification of the boundaries of the Open Space (though not its area), to take effect the settlement must be approved by 90% of the 133 Lot Owners in Fox Fields.
The background is as follows:
The original owner of the Greenberg’s lot (Lot H42) built a swimming pool so that a portion of the pool deck extends approximately 4.5 feet into the Fox Fields Open Space and the pool fence extends approximately 22 feet into the Open Space. The Greenbergs were unaware of this when they purchased the property.
The Restrictive Covenant for Fox Fields (“Declaration”) makes the Association the owner of the Open Space and requires that it be available for the enjoyment of all Members of Fox Field. No lot owner is permitted to erect structures on the Open Space or to fence in and thus exclude other Members from any portion of the Open Space. Further, in this particular case, the fact that the Greenbergs did not hold title to a portion of the land on which their pool deck and fence were located might have made their property, as a practical matter, unsaleable. Continue reading
The second item of business for the Special Meeting of October 13, 2016 is a vote to approve or disapprove a proposed amendment to the Declaration offered by Keith Bradburd to impose term limits on the offices of president and vice president and requires a vote by the membership on the president and vice president selected by the Board. The Board unanimously recommends against the proposed amendment as proffered. The Board’s reasons for opposing the amendment and Mr. Bradburd’s reasons offered in support of the amendment are set forth below.
We note that this Amendment to the Declaration requires the approval of 90% of the members of the Association. Hence an abstention is the equivalent of a “no” vote. Continue reading