Tuscany/East Pointe Residential Community

What Tuscany/East Pointe Residential Community's governing documents say

This is a set of amendments to the governing documents for Tuscany/East Pointe, a single-family HOA community in Lexington, KY. The amendments primarily remove a 65-acre school site and adjust rules to accommodate a large multi-family apartment complex (Continental Property) that is part of the same HOA. They are meant for homeowners, but also bind the owner of the apartment complex.

• What this document is & who it binds: These are the Second and Fourth Amendments to the HOA's Declaration and By-Laws. They bind all lot owners in the subdivisions governed by the East Pointe Homeowners Association, including a multi-family rental property owner on the Continental Property.
• Property removal & annexation: A 65-acre school site (lot 1 of Tuscany Subdivision, Unit 10, Section 1) was removed from the HOA's jurisdiction. Future annexation or removal of property requires written consent from the owner of the Continental Property, which cannot be unreasonably withheld.
• Voting & control rights: Each lot gets one vote, but the Continental Property gets one vote per every four multifamily units, capped at 63 total votes (cast as a bloc). The Developer retains total control of the Association (including appointing directors and setting budgets) until it no longer owns any property in the community.
• Assessment cap for Continental Property: For the first three years after each unit's certificate of occupancy, annual assessments are capped at $55 per unit. After that, the cap is 23.913% of what single-family homes pay.
• Amendment restrictions: No amendment to the By-Laws is valid without the prior written consent of the Continental Property owner, which cannot be unreasonably withheld.
• Board election & meeting notice: Once the Developer gives up control, directors are elected by members for two-year terms. The minimum notice for any meeting was shortened to seven days.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.