CC&R Amendment Vote Results
Voting closed for the CC&R amendments on Thursday May 14, and we are pleased to announce that a clear majority of homeowners voted to adopt all three proposed amendments by a massive three to one margin.
Results:
Legal Fees paid by Losing Party Amendment: 250 Yes / 85 No
Roof Decks – Explicit Prohibition Amendment: 247 Yes / 88 No
Short Term Rentals – Minimum 30 days Amendment: 250 Yes / 85 No
These changes mark the first substantial amendments to Sunset Mesa’s governing documents in more than 20 years. We believe they will help preserve the safety, privacy, and peaceful character of our community.
We sincerely thank everyone who voted, as well as those who patiently bore our many entreaties to participate.
Below, please find the final vote report from the independent election certification service that managed the amendment vote, as well as the exact amendments that were approved for the CC&Rs.
AMENDMENT NO. 1 (Attorney’s Fees)
Attorneys' Fees: In the event of any litigation or alternative dispute resolution procedure regarding the rights or obligations of the Association or any member subject to this Declaration (or any other governing documents of the Association) and/or the enforcement of this Declaration or any other governing documents of the Association between the Association and any member and/or between members, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys' fees and costs, as well as any expert witness fees and costs if applicable. The foregoing provision shall also apply to attorneys' fees and costs incurred to collect upon any judgment entered as a result of such litigation or alternative dispute resolution procedure. Further, in the event the Association engages legal counsel to enforce any violations of the Declaration (or any other governing document of the Association) including, but not limited to, any architectural improvements or modifications performed by a lot/owner without the Association's required architectural approval, the Association shall be entitled to recover its reasonable attorneys' fees and costs incurred, whether or not formal legal action is initiated. In the event of any conflict between this provision and Article VIII of the Bylaws, this provision shall be deemed controlling.
AMENDMENT NO.2 (Prohibition of Roof Decks)
(t) Prohibition Against Roof Decks: No Owner shall construct, install, or maintain any roof deck, platform, or flat roof area designed or used for occupancy, recreation, seating, or outdoor living space located on top of the upper surface of a house, garage, accessory dwelling unit, or other outbuilding where a roof would ordinarily exist. For the purposes of this section, this prohibition applies regardless of whether the area is a newly constructed platform or an improved portion of an existing roof. Permitted Structures: Nothing in this section shall be interpreted to prohibit or restrict the construction of free-standing decks, patios, balconies, or terraces located on the ground, on hillside slopes, or attached to the front, side, or rear of a residence, provided such structures otherwise comply with the architectural requirements of this Declaration, any other governing documents, and applicable building codes.
AMENDMENT NO.3 (30-Day Minimum Lease Term)
(n) Minimum Lease Term: No lease or rental of a lot or residence/dwelling shall be permitted to be for a term of a less than thirty (30) days. An owner shall only be permitted to rent their lot or residence/dwelling pursuant to a lease that is: (i) in writing; (ii) for a term of at least thirty (30) days; and (iii) subject in all respects to the Association's governing documents, including, but not limited to, this Declaration.