Petition to the Village HOA Board of Directors to Suspend Balloting on the Proposed CC&Rs Assessments Amendment

We, the undersigned members of the Village HOA, ask that the board of directors suspend balloting on the CC&Rs Assessments Amendment prior to September 30, 2020 for the following reasons:

1. An independent legal review concluded that the proposed assessment amendment is fundamentally unfair and violates our governing documents.
2. The legal review also found that the board refused to hold timely elections, in violation of state law and our bylaws, and is therefore invalid and has no authority to proceed with the amendment vote.
3. There is evidence that some board directors have breached their fiduciary responsibilities by engaging in self-dealing by making decisions that benefit them personally rather than the HOA as a whole. This Assessment Amendment was simply proposed to reduce monthly costs for the three members who voted to put the Amendment Assessment on the ballot.
4. No townhome or two-bedroom owners, whose monthly assessments would go up by as much as 63%, were represented on the board at the time the amendment was placed on the ballot.
5. If passed, the amendment will be subject to legal challenges that would be very costly for the HOA to defend.

We believe that the new board, to be seated next month, would be in the best position to fairly and transparently evaluate the risks, costs and benefits associated with revising the assessment model that has been in place for more than 40 years.