The Official Newsletter of the Lake of the Woods Association, Inc. Vol. 18, No. 22
540.972.2237
LOWA.org
The Referendum: How Come It’s Taking So Long? by Walter Diercks, Treasurer, LOWA Board
The current referendum on the questions to amend LOWA’s restrictive covenants a) to provide a limited right to appeal some Environmental Control Committee decisions and b) to provide for charges for violations of LOWA’s covenants and Rules and Regulations started in June 2019. At present, the membership meeting on this referendum has been continued until June 24, 2021. Some members have asked “how come it is taking so long?” The answer to that question is both relatively simple and also complicated. One answer is simple: For over a year now, the world has been dealing with the COVID-19 pandemic – an event which hadn’t occurred since 1918 when the Spanish Flu pandemic began. The lockdown and other restrictions imposed to contain the pandemic have made it virtually impossible to conduct a lawful meeting of the members or to communicate effectively with members about the reasons every LOWA director is in favor of passage of both parts of the Referendum. The second answer is a bit complicated because it involves the law: Any amendment to our restrictive covenants (or our articles of incorporation, for that matter) requires a “Yes” vote from a majority (50% plus 1) of all lot owners, not just a majority or supermajority of those voting. This means that, to pass, a referendum needs the affirmative vote of 2,130 LOWA owners. Right now, over 2,000 lot owners have cast votes in the referendum – and of those over 70% have voted in favor of passage of both questions. We therefore know that, of those voting, the vast majority are voting “Yes” to both parts of the referendum. One might ask, why haven’t more lot owners voted? The answer is that virtually every membership organization which is governed by a law requiring a majority vote of all members to change its governing documents has trouble getting its members to participate in voting to change the documents. Members are busy and often don’t focus on or understand the need for them to vote on governance matters, so that their organization can be operated properly. In fact, as a lawyer who has helped several non-stock corporations get incorporated (including several charities and other not-for-profits at LOW), I have always advised these organizations not to establish themselves as a membership organization to avoid this majority of all members voting “yes” difficulty. I am not the only lawyer offering such advice. Two years ago, I attended a seminar for lawyers on establishing non-profits in Virginia where the expert panelists unanimously advised not to set up non-stock corporations as having members due to this majority of all members voting “yes” requirement.
/LOWAssociation
March 26, 2021
Spring has Sprung at Your Clubhouse
by Ryan Richardson, Food and Beverage Director The weather is breaking, the flowers are blooming, and the team at YOUR Clubhouse wants to welcome all of you back for the spring and summer season. The Clubhouse has a lot to offer our membership this summer with our brand-new spring/summer menu and expanded dining hours. We are excited about our upcoming events, including the fourth annual deck opening party on April 3 (this event is SOLD OUT) and Easter Brunch on April 4. There will be many events for all our members to enjoy, including music on the deck every Friday from April until November. Concerts on the Point will return this year on the fourth Friday of every month, and we will feature special events like the Silver Tones, Acoustic Onion, Tex-Mex Night, and the Clubhouse luau just to name a few. This year the fireworks will be on Sept. 4. Come on over to YOUR Clubhouse for your next night out and enjoy one of Chef Robert’s signature entrées or a refreshing cocktail in our member’s lounge! We also offer carry out and delivery, so please don’t hesitate to try your next delicious meal on our deck or yours! Remember to like and follow us on Facebook and sign up for the weekly email to get the most up to date event information. CHEERS!
See Treasurer on p. 2
President's Letter 2 Agenda 2 Association News 2-7 Board Minutes 3 General Manager's Column 3 Calendar 9, 15 Viewpoints 16 Orange County 21 Classifieds 22-23
Assessment Statements will be mailed by March 31 Assessment Due May 1 March 29 Fareways Café Closed for maintenance Saturday, April 3 LOWA Regular Board Meeting 10 AM, Community Center, Zoom
Sunday, April 4 Easter Wednesday, April 21 LOWA Regular Board Meeting 2 PM, Community Center, Zoom
LOWA Website Links TEKControl (Visitor Management) LOWA.ORG/TEKCONTROL Vote in the ECC Referendum www.LOWA.org/ECCReferendum support@vote-now.com https://vtnw.com/go/LOWAResend/ LOWA Phase 3 Coronavirus Information www.LOWA.org/CoronavirusPrevention