The Covenants, Codes and Restrictions, CC&Rs, is a legally binding document filed with the State that relates to the rules and limitations of a planned community and outlines the rights and obligations of the Homeowners Association, HOA, to the homeowners and the homeowners’ rights and obligations to the HOA.

At the June 6, 2022 residents’ annual meeting, Salemtowne’s attorney Ryan Harris was the guest speaker. Mr. Harris has extensive legal experience practicing in the area of the law that is specific to Condominium and Homeowners’ Associations. At the meeting Mr. Harris provided background on Salemtowne’s CC&Rs as they have currently come to be written.

Mr. Harris discussed how, approximately 15 years ago, key changes in the CC&Rs document came to be that resulted in omissions that have inadvertently rendered portions of our Bylaws and the Rules and Regulations – particularly those regarding landscaping and construction – unenforceable. Since that time, the community has operated under the informal assumption that the Bylaws and the Rules and Regulations addressing landscaping and construction are legally binding. But, should this come to an actual legal challenge, not being foundationally addressed in the CC&Rs renders them unenforceable.

Now that this unintended deficit has been discovered, thanks to observations by prior Boards and most recently by former Board Chairman Tom Mahon in consultation with Mr. Harris, it is time to revise and update the CC&Rs. The goal is to restore it as a covenant that is both reasonable and comfortable for the majority and provides an enforceable legal foundational for our Bylaws and our Rules and Regulations.

At the Annual Meeting questions were taken from the floor and Mr. Harris provided further explanation to all inquiries. As this revision process moves forward residents of Salemtowne will be given ample opportunity, in a variety of formats, to formally provide input before any revisions are ultimately voted on by the homeowners.