Things to revise in CC&Rs

Question: How much do we need in our CC&Rs vs Rules and Regulations?

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Note from the Aug 14, 2024 ACM: We've compiled these proposed CC&R changes based on community feedback. Please join us at the August 14 ACM for an initial discussion before we ask our lawyer to draft them:

1. Specify that additional guidelines regarding storage may be defined in the Rules and Regulations

2. Update the table of maintenance responsibilities to specify that Unit Owners are responsible for maintaining deck railings and and existing mesh netting on eaves, and that the association is responsible for exterior door & window trim

3. Require Unit Owners to carry a condo insurance policy

4. Clarify how much the HOA can charge for participation (specifically removing language that restricts the fees to 3x minimum wage)

5. Allow 2 out of 5 management members to be non-unit owners (but they must be Wasatch Commons residents)

6. Charge a reinvestment fee of 0.5% of the sale price on any unit sold
   

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In no particular order:

1. Remove the language preventing charging more than $20/hr for non-participation
2. Add 0.5% reinvestment fee
3. Clarify what the HOA can and can't require of people selling and renting their units
   1. Sellers
   2. Renters
      1. 6 month lease minimum, but what about a 30 day termination notice? 
      2. Can we provide a specific lease addendum that must be included in each lease? Can this be in the rules & regs?
4. Storage
   1. Storage is discussed in the Declaration, Article VI (b)(7) (suggested additions in red):
      1. 7) No Storage in Common Areas:  A Unit Owner shall not obstruct the Common Areas and Facilities. A Unit Owner shall not place or store anything within the Common Areas and Facilities, including Limited Common Areas, without the prior written consent of the Management Committee or its designee except in the Limited Common Areas and Facilities appurtenant to his/her Unit specifically designated or approved by the Management Committee or its designee for storage of the items in question. Additional guidelines regarding storage may be defined in the Rules and Regulations established by the Management Committee
   2. Questions:
      1. How should we address existing storage sheds that have not been approved? (many of which have been in place for years)
      2. Can we regulate storage in LCA (per Article V(e) of the Declaration)
5. Make the following updates to the table of maintenance responsibilities (Article XIII (e) of the Declaration) - new language in red

   Item	Unit Owner’s Obligations	Associations Obligations
   Roof Decks (13 units)	All repair, maintenance, and painting of the railing	Routine cleaning
   Windows	Routine cleaning, repair of glass, and repair of screens for all windows belonging to the Unit	Exterior caulking, trim,  and frames of all windows
   Exterior Doors	Repair and care of all doors belonging to the Unit	Exterior trim of all doors on all Units, repair and care of all doors belonging to COA buildings
   Pest Control	Internal and external inspection and maintenance of the Unit, including any existing mesh netting on eaves	Internal and external inspection and maintenance of all COA Buildings

6. Require Unit Owners to have an HO6 policy.

   1. We want to disallow Unit Owners from self-insuring their units. Do you have existing language for this, or is something like this ok?

      1. Each Unit Owner shall be required to maintain a condominium unit owners insurance policy, commonly known as an HO6 policy. This policy must provide coverage for the Unit Owner's personal property, personal liability, and any additions, alterations, or improvements to the Unit, as well as coverage for loss assessment and any deductible responsibility as determined by the Association's master insurance policy. Proof of insurance must be provided to the Management Committee or its designee upon request and upon each renewal of the policy. Failure to maintain an HO6 policy as required may result in the Association obtaining such insurance on behalf of the Unit Owner at the Unit Owner's expense. The cost of such insurance, including any administrative fees, shall be assessed to the Unit Owner and shall be collectible in the same manner as common expense assessments. The Management Committee reserves the right to establish additional requirements regarding the HO6 policy, including but not limited to minimum coverage amounts, in the Rules and Regulations of the Association
         

      2. Questions:

         1. Can/should we require earthquake coverage? The master policy has earthquake coverage with a 10% deductible.
         2. Should we require a minimum amount of coverage? (maybe we can determine this in the Rules & Regulations)
            
7. Requirements to be a Management Member
   
   1. Can we change the requirement from all Management members must be Unit Owners to 3 of the 5 must be Unit Owners? We want to increase the number of eligible management members.
      
   2. Section 2.3 of the Bylaws define the requirement for Management Members (suggested changes in red):
      
      1. 2.3. Election of Management Committee:  Beginning with the first annual meeting and at every annual meeting thereafter, the Association shall elect, by a simple plurality vote of the undivided ownership interest after a Quorum has been established, the members of the Management Committee as necessary to fill positions of the members of the Management Committee whose terms have ended or are ending or otherwise need to be filled for the forthcoming year. Nominations for positions on the Management Committee may also be made at the annual meeting or by petition filed with the secretary of the Association at least seven (7) days prior to the annual meeting of the Association. Three of the five members of the Management Committee shall be required to be Unit Owners, and must be natural individuals and residents of the State of Utah. All management committee members must reside at Wasatch Commons for the duration of their time on the Management Committee.