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01/28/2021 - Q1 Newsletter
01/08/2021 January annual meeting highlights:
- Our annual meeting was held on Thursday, January 7 by Zoom. We had several homeowners participate. Our presentation can be found on the Records/Minutes/Publications page. Scroll down to ANNUAL PRESENTATIONS FOR CALENDAR YEAR ENDING and you will find the 2020 documents.
11/01/2020 - LEGAL ISSUE WITH SOUTHWYCK SECTION IV – UPDATE FROM OUR LEGAL COUNCIL
Dear Southwyck Homeowner:
Recently, the Board of Directors of the Southwyck Community Association, Inc. (the “Master Association”) has learned that one or more members of the Board of Directors of Southwyck, Section IV Homeowners Association, Inc. (the “Village Association”) has been providing false and inaccurate information to the community about the relationship between the Master Association and the Section IV Village Association. We hope that this letter will clear up any confusion caused by this misinformation. Here are the facts:
Fact #1: The Declaration of Covenants, Conditions and Restrictions (“DCCRs”), which have applied to your property since Southwyck was developed, establish and create a two-tier governing system consisting of the Master Association and the Village Association. There are three Village associations in Southwyck: The Section I Village Association, the Section V Village Association and the Section IV Village Association.
Fact #2: The Master and Village associations are separate non-profit corporations which have separate functions as outlined in the DCCRs. The developer entity for Southwyck drafted the DCCRs, and any amendment of the DCCRs would require a majority vote of members of both the Master and Village associations, pursuant to an appellate court decision in 2017. That lawsuit was a result of the Section IV Village Association’s Board of Directors attempt to amend the DCCRs without letting all members of the Master Association and Village Association vote on the issue.
Fact #3: The Fourteenth Court of Appeals has affirmed the Master Association's sole and exclusive right to collect maintenance assessments for both the Master and the Village (or “section”) assessments as outlined in the Declaration. Any claim that the Master Association is not authorized to collect assessments on behalf of both the Master association and the Village Association is completely false. A copy of the court of appeals' opinion is available upon request. Once collected by the Master Association, the section assessments are then distributed by the Master Association to the appropriate Village association. This system has been in place since development. A Village Association does not have authority under the DCCRs to directly bill for or collect maintenance assessments independently of the Master Association. Accordingly, any billing or correspondence that you may receive from the Village Association attempting to collect maintenance assessments directly on its own behalf is unauthorized. Currently, the managing agent for the Master Association is Community Management Solutions, Inc. (CMSI). Authorized invoices for maintenance assessments will be sent by CMSI.
Fact #4: The Village Association is charged with deed restriction enforcement, and it is authorized to send bills for deed restriction violations. However, if at any time the Village Association fails to enforce deed restrictions, the Master Association also has the right to do so under the DCCRs.
There is another pending lawsuit filed by the Section IV Village Association against the Master Association, asserting various claims. Should you wish to obtain more information regarding the details and current status of the pending lawsuit, we strongly encourage you to attend the Board of Directors meeting of the Master Association, which is held on the first Thursday of each month. We value you as a member of the Master Association and Master Association Board of Directors wants to be as transparent as possible regarding recent events concerning the Section IV Village Association.
Josh Brockman-Weber, Of Counsel
Email: kathy@CMSIsolutions.com Mention you are with the Southwyck Association.
NEW (09/2018) Southwyck CAI Policy Regarding Perimeter Fencing - September, 2018 ~~ Click here ~~
GARBAGE PICKUP HOLIDAY SCHEDULE
Waste Management observes six holidays a year:
New Year’s Day
If garbage collection day falls on one of these days, service will resume on the next regularly scheduled day. If recycling or yard trimmings pickup falls on one of these days, these services will skip that week and resume the following week.
Please review this
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