BYLAWS

Feb 13, 2025 - Bylaw info session - 10:30 amFeb 18, 2025 - Bylaw info session - 5:30pm

WHAT ARE BYLAWS:

Bylaws are a set of written rules that govern the internal operations of an organization, defining things like membership requirements, officer roles, and voting rights. A community should have an input and a vote on the Bylaws because they essentially act as a "contract" between the organization and the lot owners, ensuring everyone understands and agrees to the established guidelines for how the group will function, and giving them a say in how decisions are made within the community.

BYLAW CHANGES - Vote NO

These changes were not discussed or approved by the Bylaw committee.

A Board member wrote them and without any respect to the committee assigned to work Bylaws.

These changes promote more control, power and secrecy for the SHHA Board.

They are harmful that they do not favor residents or community oversight.

BTW - The Board hasn't shared these changes with the community. A person only got wind of these if they attended the Jan 8th Board meeting.

AGENDA ITEM - VI. ..... the amendment of the Articles of Incorporation - VOTE NO

This is cumbersome. Trying to read it is enough to VOTE NO.

The bottom-line upfront: The Articles of Incorporation has been in place for 40 plus years. The change is to add in .."enforce covenants, including those relating to the architectural appearance of the development,...."

The justification for the change is poor and tries to give SHHA overall control on covenants not ACC. They are trying to circumvent a change in covenants to gain this authority.

AGENDA ITEM - VII. ... amendment of the SHHA Bylaws - VOTE NO

In Article 6.2 - BoD Responsibility - insert the words, "if applicable" - adding these words as written says the SHHA entity doesn't have to follow the NM HOA Act or the NM nonprofit act. These are State statutes that govern their existence. The Board doesn't want to follow the rules to have more control and power.

In Article 6.7 - Board meetings - insert the words "if the Board member deems it in the best interest of the corporation. or..." This allows the executive sessions to happen for any reason and adds to the non-transparency of the Board.

Article 7 - Committees - add in new section 7.1.1.1 - The Board wants to have control of who can join or not join a committee. In the past, anyone who wanted to participate can join. Why does the Board need to allow lot owners to join a committee? It's because they want control and power over opposition. Who gets to say "you" are not good enough to be on a committee and why?

Bylaw - Section 7.2.8 - Nominating Committee(NC) - Motion to change the name of the NC to the Governance committee. The roles of the NC and Governance are separate. Nominating committee essentially chooses who should be "selected residents" to join the board. Governance committee could focus on adhering to the current rules, policy development, and board performance. The Nominating and Bylaw committees should be separate to concentrate on their specific mandates.

Article 7 - Committees - Governance Committee - "The Governance committee assists the Board in overseeing governance practices,...and making recommendations on board composition, policies and performance and shall perform other duties and functions set forth in its charter."

The Board is trying to fast track and replace the Nominating committee, the special Bylaw committee into this Governance where they will have total control of who is on the committee and recommending actions to themselves. ERIC, the VP is the person who would be controlling this committee. There is no oversight or independence. The Nominating committee functions are totally separate from a Governance committee. Re-writing the Bylaws is also an independent function. Why is the Board wanting to combine all these?

ERIC F. is the VP, on the ACC committee, chairs Nominating committee- NC, on the IT, on the Bylaw committee, and now wants to control the Governance and who can participate.

Others to be added...

WHY dues-paying and non-dues paying members should vote on all governing documents:

Because when SHHA excludes lot owners from their rights (voting on documents that govern them) in the name of gaining money, it is called extortion.

When the Bylaws restrict lot owners from voting on the governing documents that govern them , it is considered a violation of their right to participate in the decision-making process of the homeowners association. NM HOA Act insists that membership in the homeowners association is by lot ownership only, not paying dues. Lot owners have a choice to pay dues or not. If lot owners choose not to pay, our rights cannot be stripped away.

SHHA is effectively saying: "If you want your lot owner rights, you have to pay us $15/month." This is extortion,

Why it's important to have residents involved with re-writing and amending the Bylaws:

Accountability:
The Board is accountable to the community and residents must have a part in writing and approving the rules that will guide their actions.
Sense of ownership:
Engaging residents give them a voice in the decision-making process and fosters a sense of ownership within the community.
Fairness and equity:
Resident inputs can help prevent arbitrary decisions and ensure that everyone is treated fairly within the community.