This is just a short note to address a few rumors and outright lies floating around the neighborhood.

Rumor: The vote was defeated therefore there is no HOA.

Truth: The changes to the covenants and the mandatory amendment passed in Plat 1. It did not pass in Plats 2 and 3. What that means is that from this point forward, anyone who buys a house in Plat 1 or for those owner’s in Plat 1 who opted in by vote will be bound by the mandatory provisions. All owner’s in Plat 1 will now be bound by the new consolidated covenants regardless of their vote.

Rumor: The covenants expired forever in 1997 therefore there is no HOA.

Truth: The language in the original covenants states that the covenants were to run for 20 years and then automatically renew. This myth was spread in the form of ‘loaded question’ arguments by someone opposed to the recent covenant changes. Even after explaining the true covenant language at informational meetings, that person continued to print and distribute incorrect information.  So yes, every lot in Brookhaven has covenants as follows: Plat 1 has voted to update the covenants, Plats 2 and 3 are still under the original covenants.

Question: How does the vote affect owners in Plats 2 and 3?

Answer: Owners who live in Plats 2 and 3 will remain under a voluntary association and will continue to be voluntary until such time there are enough votes for those Plats to become mandatory as well.

Question: How did the vote affect dues?

Answer: Dues remain the same as 2011.  All owner’s in Plats 1-3 will be billed for $125 annual dues in January 2012.  Of that amount $100 will cover operating expenses while $25 goes to capital improvements.  At the 2011 annual meeting owners approved using the 2012 capital fund for new lighting at the entrances.

If someone uses these arguments, please inform your neighbor there is definitely an HOA in Brookhaven, whether mandatory or voluntary. Have them contact us if they have any more questions.

This election shows that a majority of Brookhaven owners are concerned about their property and their neighborhood.  They were willing to move forward with updating the existing covenants and creating a better association.  We are pleased to announce that both of the amendments passed in Plat 1.   The amendments failed in Plats 2 & 3 by a narrow margin.    Overall 54% of the lots voted.

Lot owners had three options on the ballot.  Option 1 & 2 on the ballot concerned the HOA amendment to create a mandatory homeowners association for the neighborhood.  Option 3 on the ballot was the CCR amendment to update the existing covenants and to consolidate the 3 sets of covenants into one uniform set.   Below are the final results.

Since a portion of the neighborhood has voted to go mandatory, the association
will form a committee in January to write an amendment to the bylaws regarding
mandatory issues. For Plat 1, the mandatory amendment and covenants are
effective on the filing date at the courthouse. Homes sales closing after that
date will be required to pay dues under the mandatory amendment and comply with
the amended and restated covenants.

The next information meeting about the covenant changes will is Monday, October 24, 2011 – 6:30-8:30 PM.

We meet at St. Mark Lutheran Church, 1501 N. Bryant, Edmond, OK (where we vote).

There are also several covenant committee volunteers and notaries visiting door to door to answer questions and notarize ballots.

A lot of neighbors have questions about the proposed covenant changes so we put together a list of Frequently Asked Questions (FAQ). Voting questions are listed below, with more of the Issues in dispute coming soon.

Download the entire FAQ and Issues as a PDF here.

Frequently Asked Questions:

1. Why do we need a HOA?

1. By maintaining our neighborhood will keep property values high.
2. To maintain common areas.
3. To preserve standards outlined in the covenants.

2. What do the two proposed amendments do?

The first amendment (‘Amended and Restated Restrictive Covenants of Brookhaven North’ or the CCR amendment) consolidates the 3 sets of covenants into one set.  Brookhaven is comprised of 3 plats.  Each plat has its own set of covenants.  By consolidating these 3 sets of covenants into one it established a uniform set of covenants for everyone.

The second amendment (‘Amendment to the Amended and Restated Restrictive Covenants of Brookhaven North’ or the HOA amendment) creates a mandatory homeowners association for the neighborhood, along with a general framework of operate such association.

3. Where can I get a copy of my existing covenants?

1. The Brookhaven website at www.BrookhavenNorth.org, click here to download.
2. All existing covenants are on file with the Oklahoma City County Clerk’s Office in Oklahoma City, OK.

4. What if I want to vote ‘Yes’?

To vote yes for the amendments you may sign a ballot before a notary and return your ballot to:

• Allen Smith and Denise Dawley, 2205 Brookhaven Court, Edmond, OK;
• Brookhaven North HOA, PO Box 30251, Edmond, OK  73003-0005;
• Matt Winton, Esq., 3233 East Memorial Road, Ste. 103, Edmond, OK  73013; or
• You may attend the Information/Voting Meetings on: September 26, October 24, or November 15 at St. Mark’s Lutheran Church, 1501 N Bryant Ave, Edmond, OK.

5. What do the voting options mean?

If you agree with consolidating the covenants and creating a mandatory HOA, and want to declare your property, then check boxes 2 and 3 on the ballot.  By declaring your property, you agree to pay dues under the mandatory association.

If you agree with consolidating the covenants and creating a mandatory HOA, and want the amendments effective only on new owners (successors-in-interest), then check boxes 1 and 3 on the ballot.  This vote will not change your dues paying status.

If you agree with consolidating the covenants, but do not agree with creating a mandatory HOA, then check box 3 on the ballot.

6. What if I want to vote ’No’?

To vote no, you need not do anything.  Only those voting in person or by written ballot will be counted ‘yes’ for the amendment.  Anyone not voting, or not showing up to the voting meeting will automatically be counted as a ‘no’ vote.