Pilottown Village Community Meeting on Potential Covenants Changes
The Pilottown Village Community is holding a meeting on February 3, 2024, to discuss potential changes to the Covenants. The meeting agenda includes topics like noise, clotheslines, signs, and more. A committee has been formed to review the Covenants and draft changes based on community feedback. A survey conducted earlier received responses from lot owners regarding the proposed changes. The purpose of the meeting is to provide further information and gauge membership interest in the various options. Feedback and comments from lot owners are welcomed and will be considered in the drafting process. The final Covenants changes will be submitted to the membership for voting, likely at the Annual Meeting in April.
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Pilottown Village Community Meeting regarding potential changes to the Covenants February 3, 2024 Final 1
Agenda for this meeting 10:00 Introduction 10:10 Noise 10:15 Clothes lines 10:20 Signs 10:30 Motor Homes etc. 10:50 Rental 11:20 Enforcement 11:30 Questions 12:00 Close meeting Final 2
Committee created to review Covenants, Bylaws Mardi Thompson, Chair Sue Robinson, Vice Chair Jeannie Prevosto Terry Weiss Barry Redmond Veronica O. Faust Kim Douglas Beth Polakoff John Riesch Linda Rathmanner Kelly Myers, Board Liaison Final 3
Process Survey to gauge community interest Community meeting Committee will draft Covenants changes Will include things in Survey, some additional changes not big enough for Survey. Reorganize, clarify for ease of reading. Board review Attorney review Submit for voting Final 4
Survey in December 2023/January 2024 Asked 8 questions regarding potential changes to Covenants. Received 122 responses out of 219 Lots. Final 5
Purpose of this meeting Provide to the membership further information regarding potential changes to Covenants Gauge membership interest in the various options Final 6
More Comments invited We will post this PowerPoint on the PV member website Lot Owners will have 1 week until February 10, 2024 to submit further comments Submit comments to committee@pilottownvillage.com The Committee will work on drafting actual Covenants changes Will submit to Board Will submit to the attorney for review and edits as needed Final 7
Voting The Board will submit proposed Covenants changes to the Lot Owners for review. Voting at or around the Annual Meeting in April. For an amendment to pass, must have a majority in favor of the amendment. Final 8
Noisy activities quiet hours Covenants, current section 16: Sunday quiet hours end at 11 am. Survey: Should we explore changing the HOA noise restrictions on Sunday morning from 11am to 9am? Yes: 62% (69 Responses) No 38% (43 Responses) Proposal: Change the Covenants to end quiet hours at 9am on Sunday. Final 9
Clothes lines Current Covenants Section 16. (a) No laundry shall be dried outside of any structure. Allows drying of beach towels and swim suits in the rear yard. Allows air drying of linens, carpets, bedding, clothing etc. up to twice annually but for not more than one (1) day on each occasion, at the rear yard. No specific mention of clothes lines themselves Final 10
Clothes lines - Survey Survey: Should we explore permitting collapsible clothes lines in rear yards used dawn to dusk, subject to architectural review? Yes 62.5% (63 Responses) No 37.5% (49 Responses) Final 11
Clothes lines Potential Changes Laundry, clothing, bedding, and other fabrics may only be dried or aired in rear yards. Only during daylight hours. Only on weekdays. Clothes hanging devices such as lines, reels, poles, frames, and other devices must be approved by the Architectural Review Committee; and Stored out of sight when not in use. No change to current provisions regarding beach towels and swim suits. Final 12
Signs Current Covenants 4(e)7 Highlights: No signs shall be other than small signs indicating the owner s names and street number and: (i) For Sale signs not larger than two feet by three feet; (ii) Small security signs provided to the homeowner by a security company; (iii) political signs related to an election, removed one day after the election. Final 13
Signs Survey and Potential Change Survey: Explore using City Code? Yes 57% (64 responses) No 43% (49 responses) Change Covenants to read: Lot Owners shall ensure that the City Code section 197-67 regarding signs and the like is complied with, except that no sign may be more than 2 feet by 3 feet. Final 14
Motor homes etc. - Allowing two weeks for prepping CURRENT COVENANT Section 15 (c): watercraftwill be allowed on the owner s driveway once a year for a two-week period during preparation for use and once a year for a two-week period during preparation for storage. Final 15
Motor homes etc. Survey prep time Survey: Should we explore also allowing this two weeks for mobile homes, motor homes, trailers, and campers once a year for a two-week period during preparation for use at the beginning of the year prior to Memorial Day and once a year for a two-week period during preparation for storage after Labor Day. Yes 58% (67 responses) No 42% (49 responses) Final 16
Motor homes etc. - Proposal re prep times Proposal: Change Covenants Section 15 (c) to include prep times for the other vehicles: mobile homes, motor homes, trailers, campers, andwatercraft will be allowed on the Lot Owner s driveway once a year for a two- week period during preparation for use at the beginning of the year prior to Memorial Day and once a year for a two-week period during preparation for storage after Labor Day. Final 17
Motor homes etc. - Loading and Unloading Survey - Should we explore changing the Covenants to allow mobile homes, motor homes, trailers, campers, or watercraft to be on driveways for a period of 48 hours within a seven-day period only if actual loading or unloading of such mobile home motor home, trailer, camper, or watercraft is being performed? Final 18
Motor homes etc. - Loading and Unloading Survey: Yes 70% (80 votes) No 30% (35 votes) Comments stressed need for enforcement. Proposal: Add to Covenants - Mobile homes, motor homes, trailers, campers, or watercraft may be on driveways for a total period of 48 hours within a seven-day period only if actual loading or unloading of such mobile home motor home, trailer, camper, or watercraft is being performed. Possibly add Must show that have other space where can actually store the Motor Home etc. Final 19
Motor homes etc. Additional issue store a motor home etc. Current Covenants provides: 15(c) No mobile home, motor home, trailer, camper, or watercraft shall be stored on any lot, including driveways, or upon any street . We have seen questions about what stored means if the item is in the driveway. The City Code uses park, stand, or store as to such vehicles on City streets. Sec. 183-61. Final 20
Motor homes etc. - stored Proposal: Change Covenants to the following sort of language: No Lot Owner may, or allow another person to, park, stand, or store a mobile home, motor home, trailer, camper, or watercraft on any Lot, including driveways, except as provided in these Covenants. . Exceptions would be the 2-week prep times and the 48 hours for loading and unloading. Final 21
Rentals - Current Covenants Covenants Section 18 currently provides: Rental must be in accordance with single family nature of Community. Owner may rent out for any period of time. Owner must provide the renter with a copy of the Covenants and provide written notice to the Board that they have done so. Owners are responsible for the renter s adherence to the Covenants. Final 22
Rentals - Survey Should we explore changing the covenants to impose reasonable restrictions on short term rentals, that is, 30 consecutive days or less to one tenant? Yes 68% (75 Responses) No 32% (35 Responses) Should we explore changing the Covenants to impose reasonable restrictions on rentalslonger than 30 consecutive days to one tenant? Yes 62% (65 Responses) No 38% (39 Responses) Final 23
Rentals - Potential Restrictions Potential restrictions Duration of lease With or without Legacy protection Percentage of Lots that could be leased With or without Legacy protection You may vote for any of these restrictions or none. Final 24
Rentals Potential Legacy Protection Legacy if we limit rentals, permit Lot Owners who already are renting to continue. Must provide copy of City of Lewes approved license and notify Board that they are renting. Legacy status would not convey with sale or transfer of property; ends with transfer of property. Final 25
Rentals - First Potential Restriction Duration proposed options for minimum duration The minimum term of any rental shall be 31 days; OR Should this be a different time frame? Board may consider exceptions For rent/lease back when selling home Extending lease for same tenant if needed Final 26
Rentals - Second Potential Restriction Maximum number of Lots within PV that can be rented 10% (22 Lots) of the community (219 total) can be rented. If maximum is reached, new applicants will be waitlisted until opening arises Final 27
Potential additional requirements for all rentals Proof of license with City must be provided to Board Proof that Owner provided Covenants to tenants, plus addendum provided by Board with highlights of community restrictions Final 28
Enforcement Survey did not ask about enforcement. Enforcement of Covenants was raised in many comments from the survey. Final 29
Enforcement Current Covenants Current Covenants 19. Enforcement - summary In the case of a violation of the Covenants: First, must be negotiations to resolve the violation. If that fails, Association or any other person owning the lands, may bring legal action to prevent the violation. The HOA shall recover attorney s fees, court costs, filing expenses and miscellaneous costs and damages resulting from any such violations or attempted violations. Failure to enforce the Covenants is not a waiver of the right to enforce later. Final 30
Enforcement Good Neighbor Policy In general, the HOA relies on each resident to act with good behavior, with a sense of respect for the rights of others. It is also expected that neighbors make the effort to get along with each other and to reasonably resolve any disagreements independently of the HOA. Nevertheless, the Lot Owner is responsible for the behavior of themselves, anyone living in the home, tenants, and any guests. Final 31
Enforcement Good Neighbor Policy Enforcement becomes a concern when a Lot Owner puts their personal interest ahead of the community and in violation of Covenants. We now have low dues in part because: Volunteer Board; Not paying for management company; So far, low need for legal fees to enforce. Final 32
Enforcement in practice currently If Lot Owner doesn t comply with the Covenants, then action may be taken: Person may approach the violator, if they choose. Person may report the violation to Board via email, including substantiation. Board may notify Lot Owner, either by telephone or in writing, about the issue. Final 33
Enforcement in practice At its discretion, the Board may initiate legal action. Other Lot Owners may initiate legal action. Section 19. Final 34
Questions and Comments We will post this PowerPoint on the PV member website Lot Owners will have 1 week until February 10, 2024 to submit further comments Submit comments to committee@pilottownvillage.com Final 35
