Letter to the Quivirans – from John Jurcyk

“And the autumn weather / Turns the leaves to gray

And I haven’t got time / For the waiting game….

And the days dwindle down/ To a precious few…”

~September Song

Greetimgs:

December 15, 2009. Vote deadline.

Our Foundation membership should vote “Yes” on the three amendments to our Quivira covenants on or before December 15.  Please go to the Quivira office and vote “yes” on amendments 1,2A, and 3. You will be glad you did. Why?

First of all, the three amendments come with the endorsement of the Covenants Committee and our Quivira Board recommends them for a vote.

Secondly, the Covenants Committee consists of: Nancy Hyde, Becky Johnson, Warren McCamish, Corky Nason, Jerry Neil, Leon Rieke, Jerry Woolard and Brad Bodamer, chairman. This talented, blue ribbon and hard working committee conducted over a two year period, fifteen meetings, several membership information meetings and a membership straw vote (165-64), which overwhelmingly approved the direction of its report. Their meetings were transparent and open to the membership. And input was sought from our members and incorporated into the final report. Of note is that three of the committee members are lawyers; they and Quivira Inc.’s retained lawyer all approved the amendments. All four lawyers feel the proposals are legal and well thought out. The Committee’s work deserves a huge “Thank You” from the Community and a “Yes” vote on all three of the proposals.

Vote “Yes” on Amendment 1.  This amendment clarifies some language and is generally a housekeeping amendment.  For example, it eliminates reference to “proxies,” which are no long allowed. The amendment clarifies the obligation of homeowners to maintain their property as well as the right of Quivira Inc. to step in if an owner allows the  outside of the  property to become distressed or blighted.  For example, when an owner allows a property to remain overgrown with weeds.  Most homeowners’ covenants have similar provisions.  Amendment 1 was well thought out by the Committee and deserves a “yes” vote.

Amendment 2A should also be adopted by a “yes” vote. This amendment permits the combining of lots in very limited situations.  It restricts the size of a combined lot to 23,000 sq feet unless approved by a majority vote of a quorum of members present at a scheduled meeting. It also requires the same majority vote for a building footprint to exceed 4,500 sq feet on a combined lot. It further gives the Board authority to assess an appropriate impact fee or conditions when two lots are joined. Amendment 2A is a good proposal for handling these issues, which are likely to be rarely confronted. The amendment is flexible enough to deal with future issues, which at this time no one can predict. Vote “Yes” on 2A.

Amendment 3 is a “Yes” vote in my judgment. Upon approval, this Amendment will come into play only if Quivira Inc. acquires additional land (perimeter property). Current rules require approval of two-thirds of the membership to develop any property within the existing Quivira Inc. boundaries. Instead of two-thirds, this Amendment permits a majority of the membership to approve development of Quivira-owned ground within our current boundaries if a like amount of ground is dedicated as green space. Adoption of No. 3 makes our rules consistent for developing land either outside or inside our existing boundaries if we acquire additional property. Keep in mind almost all of Quivira’s common property or parkland is subject to a special deed. and Amendment 3 does not apply to those properties and parks. Primary among them are Blessing Eastside Park and the Stables acreage.  Those properties continue to require a two-thirds vote of approval to change their use. No. 3 applies only to the land below the dam, the land around the Quivira Inc. office and some formerly platted sites at the end of Hillcrest East, referred to as Winding Ridge, and at the end of Terrace Trail East.

Why a majority vote?  A two-thirds vote is almost impossible to obtain.  Recall the vote on the Clubhouse remodeling and expansion. The facility was down at the heels.  The vote to remodel almost failed on a majority vote. It would never have passed on a two-thirds vote requirement. Is there anyone at the Lake today who would want to go back to the old facility? I often hear folks at dinner showing guests around the Clubhouse in a proud voice.

On November 19, 2009, Brad Bodamer, Chairman of the Covenants Committee, sent a follow-up letter to Quivirans.  His letter in clear terms answers the concerns discussed at the membership meeting of 11/3/09. That letter merits careful reading by the membership. Bodamer’s letter reinforces my recommendations for a “Yes” vote on numbers 1, 2A, and 3.

Folks, the days are dwindling down to a precious few. Its time to vote now!

I urge Quivirans to vote “Yes” on Amendments 1,2A, and 3 as soon as possible.

Syb et Som!

John J Jurcyk Jr.

PS.  Questions? Please call any member of the Covenants Committee or the Quivira Board, or call the Quivira office (631-7707) and talk to Beth Bacon.