June 20, 2006

Committee Members in Attendance:  Marvin Wagner , Jake Bernard, Toni Brown , Nancy Garner, George Malhiot, Frank Kasmer, and Margie Kramer

Guest in Attendance:  Bill Nosal, John Cronin, Bill Metheny. Jackie Richards

 The committee discussed possible changes to the Covenants Committee Hearing Procedures.  The following revisions were suggested and approved by the Committee:

• The first sentence of the opening paragraph should be amended to read as follows:  “Any resident in receipt of a violation notice or any resident contesting the ruling of a Charging Authority where the resident has a vested interest.”
• The following would be added to #1: “The Charging Authority shall also supply to the Committee a written statement specifying the reasons and rationale for the actions taken.”
• The following would be added to #3: “The Notice shall also include a request of the resident appellant that a written statement be provided to the Covenants Committee at least seven (7) days prior to the hearing, stating: (a) the issue being challenged by the resident and (b) the position of the resident on the issue.  The Charging Authority may have the option of responding to this statement.

 Marv Wagner will ask Jack Mounts to make the above revisions to the Hearing Procedures document, which will then be submitted to the Board for approval.

 The Covenants Committee reviewed the Hearing Guidelines drafted by George Malhiot and adopted his draft as an internal document.  

Two possible amendments to Section 8.3, Article VIII of the Covenants were discussed.  The Committee approved the following changes to be submitted to the Board for its approval:  

• Changing the last sentence of Section 8.3 from “shall be final” to “shall be presumed to be correct.”
• Adding the following to Section 8.3:  “Any owner who has standing in the findings of the Reviewing Entity shall have the right to appeal these finding to the Covenants Committee, as found in Section 3.18, subdivision (b) of the By-Laws

 The Committee approved the following addition to Section 3.18 of the Bylaws to be submitted to the Board for its approval.  The addition would become subdivision (b), and the current subdivision (b), (c) would become subdivision (c) and (d) respectively.

• “Any owner contesting the ruling of the Charging Authority where the owner has a vested interest my request a hearing before the Covenants Committee.  Such request must be made within fifteen (15) days from the ruling of the Charging Authority or fifteen days from the owner having knowledge or receiving notice of the said ruling.  Upon such request, the action which the Charging Authority has authorized shall be suspended until the appeal to the Covenants Committee, and a subsequent appeal to the Board of Directors, if any, has been finalized.

 Jake Bernard will investigate if the postponed hearing may be scheduled for July 7.

The next regular meeting of the Covenants Committee will be at the Center, at 10 a.m. on July 11.  At that time the Committee will review the proposed cover letter for the voting packet to be sent to residents concerning changes to the Covenants.