With all the complication and confusion surrounding the proposed convenants and agreements it will be difficult to get 2/3 of the owners on board.
In order to simplify the process is it possible to proceed as follows:
The lake use agreement is a separate legal document with no language allowing a process for change. Leave it out of the process of changing covenants.
The Talahi Lake Estate covenants (there are 5 I believe since I live in section 5) all state they renew automatically every 10 years and can be changed with a simple majority.
Can we just change the restrictive covenants with a simple majority and leave the lake use agreement out of the process? I believe that could enable us to move forward and actually accomplish the main goal of the discussion instead of clouding it with the lake use agreement.
I see that making covenants more restrictive will only apply to owners who agree with the change and those who elect not to approve or don’t sign at all are not bound by the change. With a POA 2/3 vote can implement the change for all owners as was stated last night. The biggest issue with a POA is that many owners do not want to subject themselves to the authority of a POA. Without a POA there is no vehicle to prevent short term rentals. I still believe taking the lake use agreement out of the documents and focusing on just changing the Talahi Lake Estate covenants simplifies the process. It is not legally a Scarboro Cove issue and they can elect to not be part of the POA if they desire.