Frequently Asked Questions

Article IV, Section 2 of the Declaration lists permitted uses for assessment funds. The Board may choose to spend on these items, but is not obligated to maintain them. Examples include:

• Trash collection services
• Landscaping beyond the required common areas
• Hiring contractors and labor
• Legal, accounting, and professional services
• Insurance (liability and property)
• General HOA operations and administration

The Board decides how to allocate these discretionary funds within the annual budget.

The Board of Directors sets the annual assessment each year. The Declaration caps annual increases but the Board has broad discretion on how to allocate funds within the permitted purposes listed in Article IV, Section 2.

Dues are assessed equally per lot. Every lot owner in Shelter Lakes is a mandatory member of the HOA and is obligated to pay.

The Declaration gives the HOA significant enforcement tools for unpaid assessments:

• Late fee: 5% of the amount due
• Interest: 12% per year on unpaid balances
• Lien: The HOA may place a lien against your property
• Foreclosure: The HOA has the right to foreclose on the lien

Assessments are a priority obligation under the Declaration — they run with the land, meaning a new owner takes on any unpaid balance.

Only if the item being repaired or improved is property the HOA is actually responsible for under the Declaration. The Declaration restricts special assessments to:

• Common Area (Parcels A, B & C)
• Trail Facilities
• Other property the HOA has an express maintenance obligation for

General landscaping beyond the required common areas is an optional spending item under the annual budget — not a required HOA obligation — so it generally cannot be the basis for a special assessment.

Additionally, even if an item qualifies, a special assessment still requires a 2/3 vote of all homeowners.

The By-Laws establish a Board of Directors with three Directors. Each Director holds office for one year — until the next annual meeting of the Members and until a successor is elected and qualified. All three seats come up at each annual election.

Officers (President, Vice President, Secretary, Treasurer) are elected by the Board from among its members at the first Board meeting after each annual election.

The Board has broad authority to manage day-to-day HOA operations without a homeowner vote, including:

• Setting and collecting annual assessments (within Declaration limits)
• Hiring contractors, vendors, and professional services
• Enforcing the Declaration and rules
• Entering into contracts on behalf of the HOA
• Managing the HOA’s bank accounts and funds
• Approving or denying architectural improvement requests

The Board cannot levy a special assessment, amend the Declaration, or take other major actions without a homeowner vote as specified in the Declaration.

Yes. A Director may be removed by a vote of the Members at a duly called meeting (no specific percentage is stated — a standard membership vote). The Board can also remove a Director for cause. A Director can only be removed without cause by a vote of the Members, not by Board action alone.

A vacancy created by removal, resignation, or other reason may be filled by the Board until the next annual election.

The annual meeting of homeowners is held once per year on a date set by the Board. The By-Laws require written notice to be sent to every member at least 10 days (and no more than 50 days) before the meeting.

Special meetings may be called by the Chairman of the Board, the President, or the Board of Directors. The President must call a special meeting if requested by one-third of the Members entitled to vote.

Each lot is entitled to one vote. If a lot is owned by more than one person, they collectively share that one vote and must designate one person to cast it. The Declaration establishes two classes of membership:

• Class A — all homeowners (one vote per lot)
• Class B — the original Declarant (developer), who held 4 votes per lot during the development period. Class B membership terminated upon specified events (e.g., the developer selling all lots or a set date), converting to Class A. This period has long since ended.

For regular membership meetings, a quorum requires the presence (in person or by proxy) of members representing at least 25% of the total votes entitled to be cast.

For meetings called specifically to authorize a special assessment or increase the assessment cap, the quorum is higher: members or proxies entitled to cast 40% of all votes of each class of membership must be present. If quorum isn’t reached, a follow-up meeting may be called; the required quorum drops to 30% at that subsequent meeting.

For Board meetings, a majority of the directors (2 of 3) constitutes a quorum.

Yes. The By-Laws allow any member to vote by written proxy. A proxy must be signed by the member and filed with the Secretary before the meeting begins. The By-Laws do not specify a maximum validity period for proxies.

Yes, for exterior improvements. The Declaration requires homeowners to submit plans and specifications to the Architectural Approval Committee and receive written approval before beginning any exterior construction, alteration, or addition. This includes:

• Additions or structural changes to the house
• Fences, walls, or outbuildings
• Driveways or significant landscaping changes
• Antennas or satellite dishes (subject to FCC rules)
• Any change affecting the exterior appearance of the property

Interior renovations that don’t affect the exterior generally do not require approval.

The 1994 Architectural Guidelines (adopted as part of the First Amendment) specify standards for exterior materials and style. Key requirements include:

• Exterior materials: Brick, stone, or stucco preferred; must be compatible with existing neighborhood character
• Roofing: Architectural shingles in approved colors
• Mailboxes & lamp posts: Must match community standard
• Architectural style: Colonial, Victorian, or country styles consistent with the original construction

Fencing is addressed in Article V of the Declaration (Restrictions and Reservations). Any fence requires architectural approval before installation. Fences must be consistent with the community’s character and are subject to height and material restrictions.

Article V of the Declaration lists restrictions that apply to every lot in Shelter Lakes. Key restrictions include:

• Residential use only — lots must be used for single-family residential purposes
• Home occupations — limited home-based businesses may be permitted but cannot generate traffic, signage, or nuisances inconsistent with residential use
• Signs — limited to one “For Sale” sign per lot; no commercial signage
• Animals — household pets permitted; no livestock or commercial breeding
• Nuisances — no activity creating a nuisance, hazard, or unsightly condition may be maintained
• Vehicles — no commercial vehicles, boats, RVs, or inoperable vehicles stored in view

The Declaration gives the HOA (and individual homeowners) the right to enforce the covenants. The Board can:

• Send written notice of a violation and a reasonable cure period
• Pursue legal action to enforce compliance
• Seek injunctive relief (a court order requiring compliance)
• Recover legal fees and costs if the HOA prevails

The Declaration also allows any homeowner to bring a private action to enforce the covenants — enforcement is not limited to the Board.

The Declaration of Covenants runs with the land and automatically renews. The covenants do not expire on their own.

Amendments to the Declaration require a signed, recorded instrument executed by at least 75% of all lot owners. (The threshold was 80% during the first 10 years after recording in 1992, but that period has long passed.) The community has adopted two amendments to date:

• First Amendment (August 1994) — added the Architectural Guidelines
• Second Amendment (June 1996) — further modifications to the Declaration

The fence is located on privately owned lots along Shelter Lane. It is not part of the HOA’s Common Area.

The Declaration defines Common Area as Parcels A, B, and C. Those parcels do not include the fence lots, and the fence is not identified anywhere in the governing documents as HOA-owned property.

No. The Entrance Feature is a specifically defined easement area covering the entrance signs and masonry features on designated lots. Article X, Section 4 assigns the HOA maintenance responsibility only for improvements within that easement.

The perimeter fence is not within that easement and is not designated as part of the Entrance Feature.

No. Article IV, Section 2 lists permitted uses for HOA assessment funds and includes “exterior perimeter fencing on Shelter Lane” as something the Board may choose to spend money on. This is permissive spending authority, not a maintenance obligation.

The By-Laws similarly describe general purposes for assessments but do not assign the HOA ownership of or ongoing responsibility for the fence.

Yes. Prior Boards made discretionary decisions to perform maintenance such as repairs and painting, relying on the Declaration’s permissive language allowing funds to be used for fencing.

Because the fence sits on private lots, the HOA does not have clear authority to access those properties, modify the structure, or control decisions about it. Spending HOA funds on privately owned property creates:

• Unclear legal authority and potential liability
• Potential disputes with the lot owners
• Expectations of an ongoing obligation that the governing documents do not support

Yes. The fence was installed by the developer as part of the original streetscape along Shelter Lane. However, it was not included in the defined Common Area, not placed within a recorded easement, and not designated as HOA-owned or HOA-maintained in the Declaration.

When those lots were sold to individual homeowners, the fence remained a private improvement on private property — unlike the entrance signs and masonry features, which were formally established as HOA responsibilities under Article X.

Yes, but only through a formal process. Options would include:

• Amending the Declaration to explicitly add the fence as an HOA obligation (requires 75% of all lot owners to sign and record the amendment)
• Creating a recorded easement with the affected lot owners granting the HOA defined access and maintenance rights