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What’s happening?

The governing documents of an HOA define how the community functions, protect property values, and ensure accountability. Changes to them should be clear, transparent, and fully understood.

F&P residents are being asked to vote on updated Governing Documents without a side-by-side comparison to the current ones. The summary provided is incomplete—it doesn’t mention, for example, that future board candidates may require approval from a board-appointed nominating committee.

Vote NO until all questions are answered and the full changes are clearly shared and discussed.

Reminder: if you don’t vote, your ballot counts as a YES—so please submit your NO vote using the ballot received in your certified mail package.

What input do owners get?

There was a single Q&A opportunity on July 29, which was poorly advertised and attended. No changes were allowed to be made to the documents, the attorney wasn’t present, and many questions were unable to be answered by the board.

Owner Concerns

Owners are being asked to approve HOA Governing Documents without any open homeowner forums, this is unprecedented. Town halls and homeowner input forums have been held for topics with much less importance.

It feels like the Board is trying to rush this Governing Document approval process. Why?

3 Board members terms are up this year (October Annual Meeting) – let a new functioning Board make the decision.

— Mark W.

All we asked was for the governing documents to reflect that a nominating committee is an option — and include the other options available. The response? ‘These documents will not be changed.’ Why not?

— Shannon L.

In all my years of working with and developing policies, procedures and public documents, I have never seen an instance where there wasn’t a public review and comment period where comments were seriously considered and revisions were made accordingly.

[…] I have presented nationally on developing policies and procedures so I do have some experience with these matters. The Board and Task Force should have solidified the draft, distributed it electronically for comment, provided a redlined copy so everyone could easily see what adjustments had been made, had an open – serious rather than sham – public meeting, revise accordingly, and then mail out once the document was actually completed.

Having the Board advocate to approve a document with inaccuracies and typos with the message to amend later is both laughable and dangerous.

— Roger W.

There are needed changes in the proposed governing documents, but the proposed draft contains a poison pill that gives the board a way to control who could be nominated for the board.

We should want a more open and democratic system on principle, and shouldn’t allow loopholes for power consolidation like this.

The current board may say they don’t intend to control nominations this way, but given past behavior by some board members, I can’t trust it won’t happen.

I’m voting no and hope others do too, so that we can fix this and other problems. Let’s take the time to get it right rather than rush this through.

— Jeremy B.

The rules and regs which can be changed on a whim from a board got more open town hall sessions and back and forth than the documents that are taking probably upwards of $40k in HOA funds.

— Concerned Owner

It is concerning that the clarifying meeting/document addresses several changes that are not in the summary mailed in July. It seems that there should have been a side-by-side of ALL changes (or at a minimum, that all changes be listed) and that the clarifying documents should have also been mailed to owners.

— Concerned Owner

Vote NO

Ballots and draft governing documents were sent via certified mail in July. You can download the ballot here. Completed ballots should be returned to SJJ Law via US mail or e-mail:

Smith Jadin Johnson, PLLC
Attn: HOA Consents
7900 Xerxes Ave South, Suite 600
Bloomington, MN 55431

hoa@sjjlawfirm.com

Can I change my vote if I already voted?

Please contact Jonathan at the front office (jonathan.penn@fsresidential.com) about options to change your vote.

Actions You Can Take

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Vote NO

On your ballot, check the I DO NOT APPROVE boxes.

Download Ballot PDF

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Spread the Word

Talk to your neighbors about what’s happening. “Did you vote on the governing documents yet? I have some concerns!”

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Speak Up at Meetings

Regular board meetings start with an owner/resident open forum. Use your voice to raise questions.

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