PROPOSED MODIFICATIONS TO COVENANTS & RESTRICTIONS AND BYLAWS

Proposed Changes to High Point

By-Laws and Covenants & Restrictions

 Based on feedback from residents in recent months, High Pont Association trustees have authored two proposed changes to governing documents for the association.  These modifications are ONE amendment to the Association By-Laws and ONE amendment to the Covenants and Restrictions.  To pass, FIFTY percent (50%) of High Point homeowners are required to change the By-Laws, and NINETY percent (90%) of High Point homeowners are required to change Covenants & Restrictions. As High Point now has 644 owners, this would require 322 affirmative votes to modify the By-Laws and 580 affirmative votes to modify the Covenants & Restrictions as originally recorded in 1976.

Ballot Issue 1 – Modification of Covenants & Restrictions (Modify to Allow Fences)

Article VI Section 2. Architectural Control (As currently written)

No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties except by the Developer, or its authorized builder, building company, or other person, firm or entity. No exterior addition to or change or alteration to the Properties shall be made until the plans and specifications showing the nature, kind, shape, heights, materials and location of the same have been submitted to and approved in writing as to harmony or external design and relocation in relation to surrounding structures and topography by the Board of Trustees of the Association, or by an architectural committee composed of three or more representatives appointed by the Board (until December 31, 1999, the architectural committee shall consist of three (3) members, two (2) of whom shall be appointed by the Developer and the other being appointed by all Owners other than Developer). In the event said Board of its designated 13 committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with.

 

Article VI Section 2. Architectural Control (As proposed for VOTE)

            Fences may be constructed, commenced, erected and/or maintained upon the Properties in concurrence with the following requirements:

 

After obtaining a Permit from the City of Strongsville and in accordance with all City requirements.

  1. No chain link (coated or not) or solid wood or board-on-board styles are permitted to be used for this fence. Any fence constructed in the backyard shall not be higher than five (5) feet high in total and be limited to an Ornamental Iron, Wrought Iron, or Aluminum Spindle design, or PVC or Composite Panels where there is a minimum of 30% open space between boards in each panel.

  2. Said fence is to be maintained in good condition and comply with Section 13. Sight Distance at Intersections.

 

No exterior addition to or change or alteration to the Properties shall be made until the plans and specifications showing the nature, kind, shape, heights, materials and location of the same have been submitted to and approved in writing as to harmony or external design and relocation in relation to surrounding structures and topography by the Board of Trustees of the Association. In the event said Board fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with.

 

Ballot Issue 2 – Modification of By-Laws (Modify to Allow Trustees to Secure Bank Loan)

Article X Section 3. Reserve for Contingencies and Replacements (As currently written)

The Association shall build up and maintain a reasonable reserve for contingencies and replacements. Extraordinary expenditures not originally included in the annual estimate which may be necessary for the year, shall be charged first against such reserve. If the “estimated cash requirement” proves inadequate for any reason, including non-payment of any Owner’s assessment, the Association shall prepare an estimate of the additional cash requirements necessary, or necessary for the balance of the year, which additional amount of cash requirement shall be assessed to all the Owners, and shall be considered as part of the annual assessment. The Association shall serve notice of such further assessment on all Owners by a statement in writing giving the amount and reasons therefore, and such further assessment shall become due and payable no later than thirty (30) days after the delivery or mailing of such notice of further assessment.

 Article X Section 3. Reserve for Contingencies and Replacements (As proposed for VOTE)

The Association shall build up and maintain a reasonable reserve for contingencies and replacements. Extraordinary expenditures not originally included in the annual estimate which may be necessary for the year, shall be charged first against such reserve. If the “estimated cash requirement” proves inadequate for any reason, including non-payment of any Owner’s assessment, the Association shall prepare an estimate of the additional cash requirements necessary, or necessary for the balance of the year, which additional amount of cash requirement shall be satisfied via a secured bank loan by the Trustees on behalf of the Association.  The Association shall serve notice of such further intent on all Owners by a statement in writing giving the amount and reasons therefore.  Owners may object to such action in writing no later than thirty (30) days after the delivery or mailing of such notice.  In the event Owners submit no objections, the Trustees will move forward to secure a bank loan on behalf of the Association for only the stated amount and reasons disclosed. Should Owner objections be submitted, a call for vote will be activated in which FIFTY percent (50%) of High Point homeowners MUST VOTE with approval to pass.  The Association shall serve notice of the voting results.  Should the issue fail, the Association shall serve notice of such further assessment on all Owners by a statement in writing giving the amount and reasons therefore, and such further assessment shall become due and payable no later than sixty (60) days after the delivery or mailing of such notice of assessment.

 

DUE DILIGENCE – Since the original Covenants & Restrictions and By-Laws were recorded in 1976, family structures and needs have evolved.  It is imperative we respond to and consider owner feedback to reflect the current realities and evolving needs of our community.  It is our intent, through transparency and clear communication to foster a sense of community and ensure our governing documents remain relevant and meet the needs of our residents.

Three (3) Voting Methods

  1. In-Person during one of the swim pass distribution dates at the High Point Clubhouse

May 7 (6pm-8pm)

May 16 (6pm-8pm)

May 19 (11am-2pm)

May 22 (6pm-8pm)


2. Via Mail to High Point Homeowners Association – PO Box 361065, Strongsville, OH  44136 (mark “official vote”) Must be postmarked by June 21, 2024

3. Electronically via https://forms.gle/2mBb124yZ2XqM4fE6

MODIFICATION BALLOT FOR C&R AND BYLAWS

Ballot form