Thank you to the homeowners who have already submitted their votes on the ACHD amendment. We are seeing new votes coming in already from our recent mailing and appreciate the quick responses, but still have a long way to go!
The board realizes that some of you might still be hesitant to vote or have some confusion about the amendment or the letter you received. Here is some additional information to help answer any questions that you might have.
- If you have not previously voted on the amendment, your letter contains a page explaining the amendment, a one-page ballot for you to complete and return in the included pre-addressed, stamped envelope, a copy of the three-page amendment, and a magnet for the upgraded website. The only page you need to complete, sign, and return is the ballot.
- If you previously voted on the amendment but received a ballot in your letter, please complete, sign and return the new ballot to ensure your vote is counted. All votes will be verified, so only one vote will be counted per residence.
- The CC&Rs do not allow the Board of Directors to sell any property that belongs to the Tuscany subdivision. That can only be changed through the passing of an amendment to the CC&Rs. With ACHD scheduled to take the common area land along Eagle Road, the only way the Board can take any action on behalf of Tuscany is through the passing of this amendment. In order for it to pass, we need two-thirds (2/3) of the homeowners to vote in favor of the amendment.
- Voting for the amendment grants the Tuscany Board of Directors the right to negotiate with ACHD for the sale of the common area land along Eagle Road for the purposes of this expansion project. The amendment is very specific in that the common area land along Eagle Road is the only common area the Board of Directors can sell. No other common area is impacted by this amendment.
- If the amendment does not pass, the ACHD will still be able to purchase the land from Tuscany through the eminent domain process. Eminent domain is defined as “the right of a government or its agent to expropriate private property for public use, with payment of compensation.” Tuscany will still make money on the sale of the land, but this is a legal process that involves going to court, which delays the purchase, incurs fees, and prevents the Board from negotiating the recovery of various fees.
The Tuscany Board of Directors requests that every homeowner vote on the amendment to ensure that your voice is heard. This is important enough that raffle prizes are being offered to encourage participation. Everyone who casts a vote now, or who cast their vote earlier in the process, will be entered in the raffle. As explained in the letter, the prizes are a $250 Visa gift card, a $150 Visa gift card, and a $100 Visa gift card.
The Board thanks you for your vote, and wishes you all good luck in the raffle!
