Shadow Glen Questions/Answers for Proposed Bylaw Amendments 2023
Amendment 1: Procedure for Future Declaration Amendments
Q: Why has the Board Proposed to change this bylaw?
A: This is the opinion of the majority of Current Board members:
We have a 20-year-old property that is beginning to show age and will require more property wide repairs in the next few years. This amendment was proposed to ease the ability to get unit owner approval to move forward with the required repairs without putting additional pressure and demands on a Volunteer Board to try to “Convince” Unit owners to vote or change their vote to make the tough decisions the community needs to make. The Board is group of volunteer unit owners elected by the community to stay on top of what the property requires regarding maintenance/repairs to maintain property values and appearance. When there is a passive community not willing to help make decisions by voting, then the property stands the chance of decline and responsible unit owner may not get the repairs needed to maintain their homes.
Additionally, it will become more difficult to find community members to serve on the Board when the demands increase as the property continues to age and the responsibilities increase to get items out to vote. To date there has only been 1 vote required of the community to repair the roofs and that Board had a terrible time getting enough “yes” votes (2/3 =104 “yes” votes). This forced the Board at the time to spend lots of extra hours making phone calls and sending out pleas to pass the assessment required to make the roof repairs. The Board at that complained heavily of the difficulty and we have asked why should any Board need to beg unit owners to make the right decisions to keep our homes/property maintained?
The Current Board wants voting to be fair but ease the burden of getting the necessary approvals for repairs to be made by this and Future Boards. The Board stands nothing to gain because every Unit Owner has an equal vote and equal opportunity to vote.
Q: Won’t this amendment reduce the number of votes required to change a bylaw or pass a vote on how our HOA fees are spent?
A: Yes, it will. Keep in mind though it does not reduce who can vote - EVERY Unit Owner gets to vote regardless.
The Majority of Board Members see the voting process as a responsibility to help make community decisions. Unfortunately, our community has always had a higher number of passive Unit owners who remain uninvolved in the community or its Board Meetings. The Board hopes to change this with the Bylaw change. Much like the way our Local Elections vote at the polls each unit vote counts. They want to hear from everyone, but know this is not realistic to believe that all unit will vote. They believe changing the bylaw will encourage Unit Owners to Vote but when they become passive and choose not to vote, then the passive voters will not prevent the the community from maintaining the property and making the required repairs/decisions that ALL homes everywhere need over time. With this amendment the bylaw will require 2/3 of the community to have cast a vote and that 60% of the total votes cast will determine the outcome of the proposed change or assessment.
It's important for everyone to vote and not voting does cause a problem for the community.
Amendment 2: Electronic Communications Amendment
No Questions Yet – Please submit to Matthew at Paragon if you have one and it will be posted here. matthew@paragontn.com
Amendment 3: Change to from Unassigned Parking to Assigned Parking
Q: Did any other language in the parking amend change except to “assign” parking? It’s always been 2 cars per unit and no commercial vehicles, right?
A: The language is changing from two unassigned to two assigned spaces.
Q: Aren’t our current spaces assigned?
A: No – currently the Bylaw states that each unit has 2 unassigned spaces as conveniently located to your unit as possible. If someone throws a party and uses 20 spaces in and around your unit, then you are left to find a parking spot somewhere as close to your unit as possible. This does happen unfortunately and throws everyone else off too.
Q: Is there a plan to show where my assigned parking space will be if the bylaw passes?
A: The Board has worked up a possible plan to make sure that assigned parking will work out. They first need to know “IF” the majority of the community wants to have their parking assigned before they can work to finalize it. The Board is aware that a few areas have difficulty due to the location of the parking or lack of 2 spaces immediately in front of their units. They will be open to hearing from those few groups of people to fairly work out parking assignments if the amendment passes. No parking plan has been finalized to be able to share.
Q: Will it require an assessment to pay for this change?
A: NO! The cost to label the parking spaces is very affordable… not much more then the Speed Limit Sign that was installed last year. Maintenance would be handled when we resurface and restripe the parking area after the first initial painting. It will be paid for out of HOA funds with no additional assessments required.
Amendment 4: Leasing
Q: I rent my property now, Will this amendment change anything for me if it passes?
A: All current homeowners are grandfathered. You can lease as long as you own your unit.
Q: If I want to rent my townhouse in the future will I not be allowed to rent it if the 30% Cap has been met?
A: All current owners can lease regardless of the cap. This only applies to owners that purchase after the date the amendment passes.
Q: I read this amendment gives the Board too much Power to make changes
A: The changes in the amendment process do not give the Board any more power. It simply reduces the numbers needed to amend.
Q: Can I still have a roommate under this change? Does it count as part of the 30%?
A: Yes. Roommates do not count as rentals.
Q: How was 30% determined?
A: The Board and Paragon compared other communities and liked the idea of the community being 70% owner occupied.
Q: Why would we want to limit rentals?
A: Historically it lowers the Property Value after a community hits a high number of rental units. The Board would like to protect against this happening here.
Please NOTE - Current unit owners are “Grandfathered,” so the ability to rent own only affects incoming buyers.
General:
Q: Isn’t the Board required to have a meeting when these changes go out or wait until the Annual Meeting?
A: There is no requirement to hold a meeting to vote on and adopt a meeting.
Q: Is it against the current Bylaws to email the Communication regarding these amendments?
A: We have received legal counsel that it is permissible to email the ballots and information regarding these amendments but the Board made the decision to mail them all.
Q: Has our Shadow Glen Facebook page moved?
A: No, but it has been renamed “The Official Shadow Glen Community Group of Nashville, TN 37211” as to not be confused with other Shadow Glen Townhome groups. Currently no Facebook page has approved communications from the Board and likely never will. The HOA Board will remain the admins for the “Official” Group however and will change as the Board members change. We do not know who is running any other group or endorse information provided there.
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