Frequently Asked Questions

Last Updated 11/25/2016

General Questions.
When is the annual meeting of the general membership?

Questions about the Board of Directors.
Who is on the Board of Directors?
Who decides who is on the Board of Directors?

Questions about the Declaration of Covenants, Conditions and Restrictions.
Why do I have to follow any of these restrictions anyway?
What can the board do to me if I don't comply?
What are the most common complaints of residents?
What are the most common violations of the covenants and restrictions?
Where can I get a copy of the Declaration of Covenants, Conditions and Restrictions?
What if I disagree with the Declaration of Covenants, Conditions and Restrictions and I want it to be stronger or weaker?
How can I register a complaint about a violation of the Declaration of Covenants, Conditions and Restrictions to the board?
Does the board tell the person I am complaining about?
Why can't I park my truck at my house?
Why can't I park my RV at my house?
Who handles the violations/complaints?
What is the complaint/violation procedure?
Why does my pet have to be on a leash?

Questions about the Design Committee.
Who is the Design Committee?
What kinds of things do I have to submit to the design committee?
How do I submit design plans to the design committee?
What if I don't submit any plans to the design committee?

Questions about crime & violations of law.
Can we get speed bumps installed?
So what do I do if I see someone speeding?
What can the association do about violations of the law?

 

 


When is the annual meeting of the general membership?
The meeting is held every year in January. Each member is notified by postal mail of the upcoming meeting with the mailing of their association membership dues notice.


Who is on the Board of Directors?
The current board of directors names are listed in the discussion forums in the news and information section in the topic "Association Information".

Who decides who is on the Board of Directors?
The board of directors are voted in at the annual meeting of the general membership that is open to all members. They serve 2 year terms and try to overlap so that at any given meeting no more than 2 board members will be voted in. Residents get a ballot at the meeting with the names of the people running for the various positions. Each member gets one vote per lot. Any member in good standing can run to be on the board. Specific Board positions are decided by the Board by a vote of the Board members.


Why do I have to follow any of these restrictions anyway?
We have a property owners association, and that association has a list of restrictions. We all agreed to abide by these restrictions during the closing/purchase on our properties. Every property owner signed for their list of restrictions at their closing. If you did not then you have a grievance against your representative at your closing. When you accepted the covenants document you agreed to abide by these restrictions. This is a contract you made with the association. If you do not abide by that contract the association has the right to enforce compliance through legal means.

What can the association do to me if I don't comply?
If you refuse to comply the association can fine you and, if necessary, sue you. As per the covenants if the association is forced to employ the services of an attorney to ensure compliance you will be forced to pay for the associations attorney fees if you lose.
First the association will try to remedy the issue directly through diplomatic means. If at that point the matter cannot be resolved within the association then we will have no choice but to utilize the legal means at our disposal to ensure compliance. If you win you have to pay for your attorney and the association pays for its attorney. If you lose you have to pay for both.

What are the most common complaints of residents?
The most common complaints are: commercial/business vehicles parked overnight, clothes lines visible, trailers or campers parked or maintained on lots, unleashed pets, vehicles parked in the street, overgrown lawns, homes not being maintained.

What are the most common violations of the covenants and restrictions?
The most common complaints are: commercial/business vehicles parked overnight, clothes lines visible, trailers or campers parked or maintained on lots, unleashed pets, vehicles parked in the street, overgrown lawns, homes not being maintained.

Where can I get a copy of the Declaration of Covenants, Conditions and Restrictions?
You can download them here http://deerpath.org/about.html. If you don't have a computer you can request a copy from the association by postal mail or at a meeting.

What if I disagree with the Declaration of Covenants, Conditions and Restrictions and I want it to be stronger or weaker?
Please read Article VIII, section 2. If the members want to change something in the covenants they need to secure 75% of the votes of all members.

How can I register a complaint about a violation of the Declaration of Covenants, Conditions and Restrictions to the board?
The best method is to do it in writing via postal mail to the association P.O. Box. Next best is to do it via email using the contact page located here http://deerpath.org/contact.html as this will also produce a written record. Verbal complaints, while appreciated are less actionable by the board as there is no written record.

Does the board tell the person I am complaining about?
Of course we cannot answer for every board and we don't know what we may be compelled to disclose if a case goes to court but... It is the policy of the current board that we will not disclose the names of any complainant to any non-compliant member. We treat any complaints that come in to us as confidential information and we think it would be unprofessional not to be discrete with such information. We feel that if you are in violation of the restrictions and it gets brought to the attention of the association it is the association that is going to try to remedy the situation; not the complainant. In short once a matter gets brought to the attention of the association it is our responsibility and how we became aware of it is irrelevant.

Why can't I park my truck at my house?
This is an issue that comes up often. Article VI, section 3(E) states that commercial vehicles (such as those used by business invitees) may not be parked on a lot overnight. After conferring with the association attorney, members at the general meetings, and law enforcement sources, the board of directors determined that the intention of the paragraph in question was to prohibit the parking of the types of vehicles used by businesses for commercial or business purposes. This includes any vehicle which, by design, has a primary intended purpose of being used for commercial purposes and/or any other vehicle which is obviously used for business purposes such as any vehicle that has signs or paint which indicate the name of a business for which the vehicle is used.
Example#1: A tow truck with or without the name of a business on the side is a commercial vehicle because its intended primary purpose is to be used for business purposes.
Example#2: Any passenger vehicle that has the name of a business on the side either permanently or temporarily affixed. However, if the sign is a temporary type then that vehicle would not be considered commercial if the sign is removed.

Why can't I park my RV at my house?
Article VI, section 3(E) clearly states that no campers of any type can be parked or maintained on any lot. However, as of 2/2008 there was an amendment to the covenants to allow paking of RV's for 24 hours only for the purposes of loading and unloading.

Who handles the violations/complaints?
Dealing with non-compliance issues is handled by the board of directors. We discuss the issue together and together come up with a solution. This is to ensure that no one board member does anything that the other 4 do not approve of.

What is the complaint/violation procedure?
1. A member notifies the board in writing of an issue of non-compliance.
2. The board investigates the issue and determines if it is valid and is within the scope of the duties of the association.
3. If it is a valid non-compliance issue AND it is within the scope of association responsibility then the board of directors will send the non-compliant member a letter reminding them and making them aware that they are indeed in violation and that they need to rectify the situation in order to come in to compliance with the restrictions.
4. If the issue is not rectified within a set amount of time OR if no communication is received from the non-compliant member, then a second letter is sent advising the member that they are in danger of having the matter turned over to the association attorney for processing.
5. If after the second letter time limit has run out AND the member has not rectified the issue or communicated with the board, then the matter is turned over to the association attorney for legal action.

Why does my pet have to be on a leash?
Article VI, section 3, paragraph E states that ALL animals are to be kept contained on and within the owner's property; and shall be permitted in street, rights of way or common areas only when under restraint.
Separate and apart from the associations rules, it is also a violation of the law to have an animal wihout a leash anywhere in Marion County. Refer to Marion County Code, Chapter 4, Section 10.
This applies to ALL animals; not just dogs.
Remember, many residents like to walk in the development and kids are playing. For the safety of our residents and your pet, please be courteous and considerate and keep your pet contained on your property and on a leash when it is off of your property. And remember to clean up after your pet.


Who is the Design Committee?
Currently the design approval committee is the board of directors. Murphy/Kaufman Builders Inc. reserves the right to consult with us on any matters that may involve them. This is for design changes that occur after closing. Anything that is done during the original construction is the domain of Murphy/Kaufman Builders Inc. However, they still have to adhere to Deer Path Covenants.

What kinds of things do I have to submit to the design committee?
Any change to topography, vegetation, or construction or alteration of any building or structure must be submitted to the design approval committee.

How do I submit design plans to the design committee?
Please refer to Article VI, section 1 of the covenants which details the proper procedure for plan submission.

What if I don't submit any plans to the design committee?
Under the terms of the covenants that you agreed to the association may at its discretion, proceed at law to bring any non-compliant property into compliance and the owner may be responsible for any cost.
There is no time limit for the association to take action on such issues. Just because you had some work done and did not submit plans that does not mean that the association has no right to bring you into compliance once it is discovered.


Can we get speed bumps installed?
This question comes up practically every year. The short answer is no. The reason is that the roads within our development belong to the county and, in general, the county does not install nor allow the installation of speed bumps.
Other developments that do have them own their roads. We do not. Marion County owns the roads within Deer Path.
People ask if we can "buy" the roads so that we can do what we want but that comes to a vote and is always voted down. Right now the county is responsible for maintaining the roads and if we buy them we would be responsible. And we doubt the county would even sell them back to us.
Numerous votes have been taken and the vast majority of residents do not want speed bumps.

So what do I do if I see someone speeding?
If you witness ANY violations of the law you are advised to notify the proper authorities and be guided by their assistance.

What can the association do about violations of the law?
The association has no authority to enforce violations of the law. We only have authority to enforce violations of the association's covenants and restrictions. We do enforce some issues that are BOTH a violation of law AND a violation of association regulations.
Again, if a resident witnesses a violation of the law we suggest that you notify the proper authority concerned.


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