Amended and Restated Declaration of Covenants, Conditions and Restrictions

Note: Ballot and document revisions are available for download below.

The KCHOA Board of Directors is seeking to amend our Declaration of Covenants, Conditions and Restrictions. This “Declaration” is the governing document for our neighborhood. To amend it requires approval by 75% of the 537 lot owners. While each member of the Association should make their own determination on the benefits of this proposed Amended Declaration, the Board unanimously believes it is in the best interest of Kingston Chase. We seek to maintain the appearance and property value that has made Kingston Chase attractive to home buyers, realtors and families for over 40 years—exactly why each of us chose to live here!

If you would like more information or have questions about these changes you can email us at info@kchoa.org or attend the next HOA Board of Directors meeting which are held on the second Monday of every month at 7:30 pm in the clubhouse.

Here are the primary reasons for the changes:

  1. Since Kingston Chase was established over 40 years ago, our HOA has operated under four separate but virtually identical Declarations that coincided with the four build-out phases as the community was developed. We are seeking to amend the Declaration to consolidate these four documents into a single Declaration for the entire community.

  2. Electronic voting for election of Board members; approval of any special assessment; or proposed changes to the Declaration. For those who do not desire to use electronic voting, current paper ballot procedures will remain unchanged.

  3. Currently, the Board is authorized in the Declaration to suspend voting rights and recreational access for violations for up to 60 days. The proposed changes would suspend access until dues have been paid or violation corrected.

  4. Clarify the extent the Board has authority to, in cases it deems necessary, to place a special assessment lien against a lot for needed exterior maintenance and repair.

  5. Increase the late fee for payment of Assessments from the current 6% to 10% per annum in line with other associations in the area.

  6. Enumerate the Board’s authority to assess charges for uncorrected violations of the Architectural Guidelines. With no change to process, this will allow the Board and ARC to incentivize the maintenance and appearance of the community without resorting to expensive lawsuits.

  7. Operation of home-based businesses within the community are currently prohibited by the Declaration. We are revising this language to allow home-based businesses that fit within the guidelines.

  8. Reduce the threshold for future amendments to a simple majority of 51%.