Fwd: Mooring CCRS Draft 2
Alexander Esseveld
Hello Alexander,
Attached is Draft 2 of your Restated CC&Rs and Bylaws. Please review and let me know if any further changes and necessary. Also, please note that any further changes to the Drafts will be billed hourly, except for any typographical errors that need correction.
Please note that we disagree with the analysis stated below and do not recommend the changes to the exclusive use lines as requested. However, those changes were made in the attached Draft 2 Restated CC&Rs because it is ultimately a Board decision to make and not ours.
Regards,
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I hope you're doing well. It's been a little while since we last met to discuss the first draft. In the meantime, we've been gathering input from our members and consulting with insurance companies and adjusters regarding the responsibility for exclusive-use pipes, drains, and utilities.
While shifting this responsibility away from the HOA might seem slightly more financially favorable, it raises several issues our community is keen to avoid, such as:
- Potential lawsuits between neighbors.
- Insufficient or lack of required insurance among homeowners.
- Complicated or denied insurance claims, leading to finger-pointing between firms.
- The risk of creating a hostile or toxic community environment.
For these reasons, we believe it’s best to continue with the HOA maintaining responsibility for all utilities within HOA common spaces.
Additionally, I noticed a note marked "IMPORTANT" at the top of Article 16 regarding triggering lender approval. I don’t recall if we addressed this during our meeting, and I’m unsure of the steps needed to resolve it. Is this something we need to investigate on our end? If so, could you provide instructions on how to gather the necessary information?
These are the two outstanding items I had flagged in my notes. Please let me know if there’s anything else we need to follow up on.
@Wally, please chime in if I’ve missed anything that were in your notes.
Thank you,
Alex