MOTION REGARDING PAVILION

· Whereas, Article V, Section 1, B. of the covenants and restrictions (C&Rs) empowers the association to “To hold, operate, manage, improve, replace, maintain and beautify the "Recreation Facility" and "Developer Improvements" without profit to itself, for the use, benefit and enjoyment of the Members of the Association.”

· Whereas, the C&Rs and Bylaws empower the Board of Directors to impose legally binding annual and special dues assessment on the membership to fund operating expenses and reserves for replacement, repair, and betterments.

· Whereas, The Board conducted a vote at the Association’s annual meeting in which a narrow majority (36-35) of those voting (71 of 147 lot owners) supported construction of a pavilion and the related one-time special dues assessment of about $250 per lot.)

· Whereas, The Board has obtained a legal opinion that the Board decision to build a pavilion is defensible—it has a majority vote and should be able to proceed with the pavilion—and it is a betterment as defined in Section 7.2 of the bylaws.

· Whereas, the Board believes that the lot area adjacent to the pool demands improvement as it is an eyesore relative to the attractiveness of the homes in the association.

· Whereas, the Board believes that the availability of a partially-secluded, shaded picnic and sitting area adjacent to the pool will increase the attractiveness and use of the pool by association members and their guests and provide an informal gathering place for residents. .

· However, notwithstanding all of the above, the Board recognizes the concerns expressed by association members regarding the initial and ongoing costs of a pavilion and the fact that other landscaping improvements will still be required to the recreation facility grounds to make the space an attractive and inviting recreation area for the association.

· Moreover, the Board has further investigated the cost of constructing a pavilion in today’s higher material cost environment, and believes that the cost may likely be higher than the $35,000 anticipated.

· Moreover, the Board has received legal advice cautioning against the proposed option of obtaining a bank loan to allow members to spread the special assessment over multiple years.

In consideration of the above facts, the Board has decided:

1. To suspend activity to build a pavilion until other alternatives are evaluated.
2. To obtain a landscape plan for the recreation area that includes at a minimum
1. Some form of stationary shaded tables and seating areas.
2. Plantings of trees/bushes on the south side of the lot to provide a visual barrier for the space from Cottonwood Trail and on the north side of the lot to discourage non-member cut through traffic from Laurel Drive.
3. New grass/sod or other appropriate ground cover
4. Replacing the fence screens in front of the bathroom building with plantings.
5. Sprinkler/irrigation systems for the space to maintain what is planted
6. Additional defined parking areas
7. Enhancements to facilitate handicapped access.
3. To obtain cost figures for the major components of the project and compare these costs to what would be spent if a pavilion were to be built.
4. To determine the appropriate sequence for implementing the major components of the plan.
5. To hold a Board meeting to review and vote on implementing the project and to vote on how the association will pay for it, including the amount and timing of any additional assessments of the membership.