Good Morning Residents:
As you know the Board has been investigating the possibility of a Bulk Cable contract for the HOA. The Board has received many comments to help in the decisions of how we move forward.
In my previous message to you I stated this would be a vote of the Board, because in reading the By-laws this was a Board decision granted by an exception in the By-laws. One resident raised a question about that interpretation and in so doing changed my mind on the Board’s authority to approve a 5-year Cable contract without member (homeowner) approval. This meant the Board would need to meet and decide the interpretation of the By-laws. Does the Board have the authority to vote on a 5-year Cable contract or do the members need to approve such a contract?
The Board met on June 24, 2019 in Executive session to decide this question. The Board decided in that meeting that By-Law Section 9.2.2 (a) does not apply to Association Members. The exception in that By-law only applies to a 5-year contract for the Common Areas or the Association, but not for the residents that live here. This means the Board can vote for a 5-year contract for cable services for the clubhouses, the HOA offices, Shadows Restaurant, etc., but not for residents.
As a result of this interpretation of the By-laws, the Board voted unanimously that there will need to be a vote of the homeowners to approve a 5-year Bulk Cable Contract if the Board decides to proceed.
The Board will now continue negotiating with the Cable companies, and after that is done, we will have a survey to determine what the residents would like to go forward. Once that information is compiled and complete, the Board will then decide on what plan will be put forward to the homeowners for an official vote by a ballot measure.