VOTE ON THE AMENDED AND RESTATED JOCKEY CLUB GOVERNING DOCUMENTS
The final version of our Governing Documents can be found below. These consist of the amended and restated Articles of Incorporation, the Bylaws and the Declaration of Covenants and Restrictions. These documents have been reviewed by our attorney who has recommended changes that have been incorporated into the final versions. Each owner has been mailed a copy of the Governing Documents complete with a covering letter, a ballot and ballot envelopes and a proxy. The covering letter explains the method by which you are to cast your vote. The Governing Documents incorporate the comments made by homeowners at the monthly review meetings and are a significant improvement over our previous documents which are unclear, incomplete and difficult to enforce. Your comments on fences, noise, animals, vehicles, conducting business and rental restrictions have been incorporated into the documents. The Board encourages you to vote to approve the amended and restated Governing Documents. A copy of our current Governing Documents can also be found below. A quick review will determine that there is little comparison between the old and new documents.
Current Governing Documents 2006
Proposed Governing Documents 2018
NOTE: Our attorney will be available at the Board Meeting on 12 Feb 18 to answer questions on our amended and restated governing documents.
CHANGES RESULTING FROM LEGAL REVIEW
The major changes as a result of the legal review of our amended and restated Governing Documents are summarized below. You are encouraged to read the Articles and Sections associated with these changes. As follows:
1. The ballot will have two choices: a vote to approve the Governing Documents or a vote to not approve the Governing Documents. There will not be an option to vote against specific articles or clauses.
2. The 2006 Articles of Incorporation were seen to be outdated and not compatible with the new Bylaws and Declarations. Our attorney recommended a modernized version that is both current and compatible. Note that the 2018 Articles of Incorporation are now subordinate to both the Bylaws and Declarations.
4. Our attempts to eliminate rentals in the Jockey Club was not supported by our attorney as such an action would be subject to legal challenge with no certain outcome. Consequently, Article X of the Declaration of Covenants and Restrictions has been rewritten. It does place restrictions on renting, has tenant screening and makes landlords and tenants both liable should our Governing Documents be ignored. Any responsible landlord will have no difficulty in adapting to these changes. The clauses contained in the revised Article X are all legally defensible.
JOCKEY CLUB BYLAW REVIEW
It is intended to conduct a comprehensive review of our Bylaws and Declarations of Covenants and Restrictions with a view to gaining member approval and implementation not later than the end of March 2018. A Bylaw Review Committee was formed at the Annual General Meeting consisting of five members, to review and update draft Bylaws and Declarations of Covenants and Restrictions seeking member input throughout the process. The Committee will meet on a monthly basis from April to September providing a draft to the Board for approval and legal review. Dates and times of Committee meetings will be published on this page, the Clarion and on Clubhouse notice boards. This is your opportunity to have a say in developing the rules and regulations that will govern the Jockey Club in the future. Please attend the meetings or, if you wish to comment via email, please email the Jockey Club at email@example.com and put "Bylaw Review" in the subject heading. Your email will receive consideration at the next Committee meeting.
Pertinent documents, the most recent working copies and Committee meeting minutes can be found below.
Bylaw Review Briefing
AGM 15 Mar 17
Draft Bylaws/Covenants 2017
The updated version of the Bylaws as approved by the Committee is available for member review. These include the results from the previous meetings to enable members to track the progress of discussion. The focus of the August meeting continued with the Declarations of Covenants and Restrictions, those rules and regulations that will directly effect you, the member. There was a significant turnout of the membership to discuss the issues at hand. Each member had the opportunity to speak and provide input into the drafting and refinement of specific regulations. This cooperative and collaborative atmosphere was most beneficial in fostering discussion and facilitated decision taking by the Committee. Changes from the August meeting are (See the Draft Declarations or Minutes for specific detail):
The majority of the meeting was spent discussing fences. To summarize, chain link fences to a height of four (4) feet remain authorized, but, in addition, wood and iron/steel fences are now authorized and to a height of six (6) feet. Wood fences can be solid or picket fences to allow for privacy and security. There are limitations to colours which are outlined in the Declarations.
A section prohibiting excessive noise and specifying quiet hours has been added. In addition sections on clotheslines, planting and trees and outdoor antennae dishes were discussed. Finally sections prohibiting the use of firearms and open fires completed the review. You are asked to read these latter two sections to get the full meaning of their intent.
The next meeting will commence with a discussion on Article X, which deals with prospective buyers, leasing and tenancy within the Jockey Club, issues that have also generated much discussion in the past. If you wish to have a say in these or any proposed regulations, please show up at the next meeting on 07 Sep 17.
Updated 06 August 2017
September Meeting Update
The updated version of the Bylaws as approved by the Committee is available for member review. These include the results from the previous meetings to enable members to track the progress of discussion. The focus of the September meeting continued with the Declarations of Covenants and Restrictions, in particular Article X - Maintenance of Community Interests, (See the Draft Declarations or Minutes for specific detail):
The majority of the meeting focused on rentals. A number of regulations were put in place to have more control of rentals and renters. The major changes are summarized below:
First, there will be no more rentals allowed in the Jockey Club. It is understood that a number of owners rent their homes as a source of income. Thus, owners of existing rentals will be allowed to continue to rent their homes until the home is sold or transferred to a third party. Home purchases by partnerships, limited liability companies etc will not be allowed. Over time, rentals within the Jockey Club shall disappear.
Second, landlords of tenants abusing our regulations or who commit crimes or illegal acts will be more responsible for the actions of their tenants. This includes the potential to fine the landlord (owner) for the actions of their tenants. Additionally, the Board will have the authority to direct the owner to evict a tenant at the owner's expense and if that fails, the Board can take action to evict the tenant directly, again at the owner's expense.
Finally, the Board will have the authority to establish procedures for ownership, tenancy and occupancy.
Please see the draft documents for details. The Bylaws and Declarations shall be voted upon by the Board at the 09 October Board Meeting. Once approved, they will be forwarded to our lawyer for legal review.. Once this review is completed, another draft will be placed on this website with further direction outlining the way ahead. As it stands now, the timings outlined at the Annual General Meeting (see BYLAW REVIEW presentation above) remain extant.
Updated 27 Sep 17
August Meeting Update
July Meeting Update
The updated version of the Bylaws as approved by the Committee is available for member review. These include the previous results from the previous meetings to enable members to track the progress of discussion. The focus of the July meeting continued with the Declarations of Covenants and Restrictions, those rules and regulations that will directly effect you, the member. Specific changes from the July meeting are (See the Draft Declarations or Minutes for specific detail):
First, Parking at residences is limited to four (4) vehicles to include large trailers. Parking is limited to the driveway and the garage side of the home. Two small trailers for boats, ATV etc can be parked in the backyards on the garage side. Trucks can now be up to one ton (1 t). Vehicles parked adjacent to a home must be parked on a hardscape. Much time was spent discussing this subject.
Second, A total of three pets will be allowed at residences. Pets may only be kept or tethered in back yards. Owners are responsible for all aspects of their pets to include noise. A new regulation permits the Board to direct the removal of a pet for excessive noise.
Third. Tarps will be allowed on roofs as a temporary weather seal for sixty (60) days to allow the owner to effect repair.
The next meeting will commence with a discussion on fences. If you wish to have a say in these or any proposed regulations, please show up at the next meeting on 03 Aug 17.