Who Determines Our Covenants?

At Todd Creek Farms, our HOA Board’s mission is straightforward: to enhance community living while upholding our fiduciary duty and to leave people alone. We’re committed to consistently exploring new policies that improve the quality of life for our community, and we’ve used online covenant forums to create balanced perspectives on homeowner views and perceptions. 

As we shared in a recent blog post, 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. In late 2022, two-thirds of our community turned out to vote. Our community overwhelmingly approved updating each covenant, with many of the amendments approved by a 2:1 margin. After the vote, a petition effort led by a small but vocal group of homeowners prevented those same covenant amendments from taking effect. 

Insights from the Online Covenant Forums

For advocates of sensible HOA covenants, these seemingly contradictory actions by homeowners underscored the need to better understand why homeowners were motivated to change their minds. Through the online covenant forums, the board had the opportunity to listen and learn from the community to do just that. 

For example, we’ve learned that homeowners want our covenants to be consistent with state law (or CCIOA, which is pronounced as KIOWA) and updated to reflect new technologies. On the other hand, homeowners shared that they don’t fully understand the protections or legal guardrails that CCIOA has implemented. They are concerned that the HOA will give up essential enforcement powers when homeowners violate the covenants. Each of these forums has been helpful in both surfacing these perceptions, and has also allowed the board to address these concerns (and occasional misperceptions) in turn. 

We invite everyone to review the video archives and watch the discussions as we conclude our forums. The HOA Board welcomes your feedback as we continue to work within the community to update our covenants. 

Litigation Update

The HOA Board believes that it’s very important to continue sharing updates concerning the litigation that several homeowners continue to pursue against our community, especially since the legal bills paid by the community continue to accrue. We aim to manage community resources wisely and ensure that our actions reflect the best interests of all residents.

We’re pleased to share that since our last update, the court has begun focusing its attention on the litigation against the HOA. As background, litigation stemmed from allegations against the HOA’s governance practices. This most recent round of litigation is fundamentally a question of how we determine the future direction of our community. Will it be through community-wide democratic elections, or will an unelected, vocal minority be allowed to determine our direction? We are confident that the court will agree with the former.  

Several weeks ago, the case was reassigned to a new judge, who took action on these matters and provided a more straightforward path forward. The next steps involve continued legal proceedings, and the HOA remains optimistic about a favorable ruling based on previous decisions and a clear track record of accountability and transparency on the part of the board. 

Interested in learning more or have a perspective you’d like to share with the HOA board on the derivative suit? Please email litigation@toddcreekfarms.org

Did You Know? Should the court dismiss the claims against the HOA, the litigants may be required to cover all the HOA’s legal fees – which are currently more than $70,000 and growing. For example, the last suit brought by a resident last year was required to reimburse the HOA for its legal fees when the court ruled against her claims.

Read more: Who Determines Our Covenants?

Please click here to see the entire online repository related to the litigation, including the list of litigants and the original and most recent claims and rulings. 

Your Board, Your Voice, Our Future

We thank each of you for your engagement, patience, and support. Let’s continue this journey together, building a community that not only meets the challenges of today but soars to new heights tomorrow.

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