A Path Forward on Covenant Reform

In November 2022, Todd Creek Farms held a community-wide vote on whether to remove or amend covenants deemed obsolete or incompatible with the evolving needs of our residents. Each homeowner was asked to vote on approximately three dozen covenants that the HOA Board had previously identified as being out of compliance with state law, no longer relevant to today’s world, unnecessarily punitive, or putting our community at a competitive disadvantage relative to surrounding neighborhoods.

What We Voted On

The election, which saw a notable participation rate, resulted in a clear mandate from our community and showed a consensus for change and modernization of our policies. More than two-thirds of eligible homeowners — or 237 homes — participated in the 2022 election. While the full results of the November 2022 election are accessible to every homeowner through the TownSq portal (located in the “Documents” section), three covenants in particular stand out for broad-based support for updating our covenants.

Pie chart of Rates and Foreclosures showing 18% Reject Amendment and 82% Approve Amendment
For example, 183 homes (or 82% of homeowners) voted to repeal Covenant 4.7 on foreclosures, whereas only 43 homes (18%) voted against repeal. 
Pie chart showing RVs: 38% Reject Amendment, 62% Approve Amendment
Amending Covenant 5.15 (b) on RVs – which is the source of most violations in our community – 146 homes (62%) voted in favor of amending the covenant. 91 homes (38%) voted against amending the covenant. 
Pie chart showing Allocation of Oil Revenu: 18% reject amendment and 82% approve amendment
The allocation of oil revenues (Covenant 4.11) also received overwhelming approval from the voters to amend the covenant, with 204 homes (82%) voting in favor, and 28 homes (18%) voting against the amendment. 

New Opportunity for Community Input

Despite clear and overwhelming support across the community for updating our covenants to comply with state law and removing unnecessary features, a resident-led referendum to undo these covenant reforms was ultimately successful in preventing these common-sense amendments from taking effect. 

The Board has worked diligently to bridge the gap between the overwhelming election results and the subsequent referendum that overturned these decisions, with a desire to better understand the “why” behind homeowner attitudes toward our covenants.

With an emphasis on hearing directly from homeowners, the HOA board recently launched a series of online covenant forums as a platform for direct interaction and input from homeowners. Our continuing goal is to ensure that the covenants of Todd Creek Farms accurately reflect the values and needs of our community, adhere to legal standards, and protect the quality of life that drew us here in the first place.

To this end, the online covenant forums have been organized as a series of virtual meetings where homeowners can share their experiences, insights, and opinions on specific covenants. These forums are a platform for discussion and an opportunity for the board to listen and learn from the community, and aim to gather feedback that will guide us in making informed decisions on future covenant amendments.

The board invites all homeowners to participate in these crucial discussions. Your participation is key to our success in this endeavor. Please sign up today to help shape our covenant reform efforts, and we encourage every homeowner to watch the recorded sessions

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