Final vote results for Covenant change in Tollgate

June 1, 2019

To: Tollgate Village Homeowners Association

From: Larry Simmons – TAC President and HOA member

RE: Final results of Resident vote to change Covenants

The board may recall that in April we conducted a resident vote to incorporate three new covenants into the Tollgate Village Covenants. Brian Rowe, the Developer and HOA president, said that if the residents were in favor of making these changes, he would support it. At the time, it was believed that as the developer, and being in control of the HOA, Brian had the ability to make these changes at will. He agreed to vote according to the will of Tollgate residents.

Ghertner mailed a form letter and ballot to residents in April, seeking their vote on each of the three proposed covenant changes. Due to a mail mix-up, some residents received their ballots late and asked for an extension on the due date. The date was extended. Approximately 90% of those who voted were in favor of changing the covenants.

Brian approved getting Bill Miller, the HOA attorney to craft the appropriate documents. Bill found that current Tollgate Covenants state any changes to the covenants that “(i) materially and adversely alters or changes the rights of any
Owner to the use of his or her Parcel”, require a vote of 51% of the residents as well as concurrence by the developer.

Based upon that determination, Ghertner was asked to email residents a copy of the ballot with the same information provided previously. The deadline for submission was May 31st.

The results of the vote are on the next page. Only 43% of residents voted which is significantly below the required 51%. This indicates residents are not interested in this change. Due to the lack of 51% of resident votes, this effort failed.


Larry Simmons