Vote

Why is WBPC relinquishing control of the architectural review process?

West Bend Property Company (WBPC), the developer and Declarant of NorthWest Crossing (NWX), has completed all residential and commercial land development within the neighborhood.  Construction of most structures is nearly complete. The Master Declaration of Covenants, Conditions and Restrictions for NorthWest Crossing (CC&Rs) were drafted anticipating the developer’s control of the architectural review process would end, and the logical time is at completion of development.

Is there an option for the architectural review process to continue?

Yes there is, and the CC&Rs outline how architectural review could continue for NWX.  The process calls for a vote of the NWX owners to collectively make this determination.  As called for in the CC&Rs, WBPC is coordinating this process.

How many NWX owners would need to vote to keep architectural review and controls in place?

A majority of all NWX owners would need to vote “yes”, not just a majority of owners who choose to vote.  There are 1,252 legal lots in NWX.  Each legal lot gets one vote, so that means 627 “yes” votes are required for architectural reviews to continue. Not participating in the vote equates to a “No” vote.

Exactly what am I being asked to vote on?

In accordance with the CC&Rs, a majority of owners voting “yes” would result in the formation of an owner-controlled Architectural Review Committee (ARC), structured as a non-profit corporation with a board elected by NWX owners.  If not enough “yes” votes are cast, there would no longer be an architectural review process for any alterations, remodels or modifications of NWX properties. 

If a non-profit ARC corporation is formed, would that be the same as a homeowners association? Would I be required to pay any fees?

The owner-controlled ARC corporation would not be a homeowners association and would not have any authority to assess dues or act in any capacity other than managing the architectural review process and design guidelines.  The CC&Rs would allow the ARC corporation to charge reasonable review fees for managing the review process and it would have the ability to edit and enforce the design guidelines including assessing fines for non-compliance.  The owner-elected ARC corporation board would control the processes and fees.

What would be the duties of a nonprofit ARC corporation?

If formed, the duties of the ARC corporation will be to accept, review and manage architectural review applications within NWX.  Because nearly all development has been completed in the neighborhood, applications will most likely be for paint color review, fence installations, remodel review, or landscaping improvement review.  As previously mentioned, the ARC corporation would have the ability to set fees for the review process, but its authority to assess fees is limited only to the ARC related functions.

Who would run the ARC corporation?

If formed, owners would elect an initial 5-person member board of directors to form and operate the non-profit corporation and ARC. All necessary governing documents, including bylaws, would be created by the board of directors to guide how the non-profit corporation is governed.

What happens if NWX owners do not approve forming this non-profit ARC corporation?

If a majority “yes” vote is not achieved, the design guidelines cease to exist and there will be no architectural review process or managed enforcement of applicable CC&Rs going forward.  Should violations of the CC&Rs occur, owners could personally pursue enforcement, possibly in civil court.  Of course, City of Bend code (NWX Overlay Zone) applies and City enforcement becomes an option for code violations.

Where can I learn more about what entity of governing document currently guides what owners can and cannot do to their property?

We’ve created a simple matrix that shows the authority having jurisdiction over various design and use topics of interest to NWX owners.

Does Declarant (WBPC) support the continuation of the ARC?

Yes, Declarant believes there is value in continuing an ARC process for NWX and supports a positive vote.  In fact, WBPC is offering to seed the ARC corporation (if it is formed by the majority vote approval of owners) with $50,000 to help cover the minimal operating expenses for several years to come.

What is the timeline for this NWX owner vote?

WBPC began notifying owners of the ARC relinquishment and the vote in summer of 2022.  Voting instructions were mailed via USPS to all NWX owners the week of August 29, 2022. Online voting will be open until 11:59 PM PTS on October 25, 2022. 

How will the vote be conducted?

While the vote is finalized at a Meeting on October 26th, owners do not have to be in attendance at the Meeting to have their vote counted.  Using an online voting service, owners may confidentially direct how their vote is to be cast in advance of the Meeting.  Each owner should have received a unique registration code in a letter sent via USPS the week of August 29, 2022, which allows for a login into the online voting portal and provides permission to vote.  Owners will provide an email address in the online voting process and that address will only be used to send the vote confirmation back to the owner. Please be assured, all votes are confidential, despite needing to register with an email address through the third-party voting service. Online voting is open through 11:59 PM PST on October 25, 2022.

The Owner Meeting scheduled for 4:00 PM on Wednesday, October 26, 2022 at the Brooks Resources office (409 NW Franklin Avenue, Bend, OR 97703) will also allow for any owner who hasn’t already voted online to cast a vote in person.  Owners who prefer not to vote online or attend the in-person Meeting to vote can request a proxy ballot via USPS (see instructions below to request a hard-copy proxy ballot). 

Why do I have to select a Directed Proxy?

Using online voting is a very easy and convenient way to cast your vote. The technical details involve you directing a “proxy” (a person to cast your vote at the Meeting) how to cast your vote. Jade Mayer (West Bend Property Company) will attend the Meeting and, by voting online, you are directing him to cast your vote. You have the option to write-in a different person to be your proxy, but that person must attend the Meeting for your vote to count. 

How do I request to vote by mail?

To request a proxy by mail, please email [email protected] or call  541-382-1662 by October 12, 2022 and confirm the unique voting registration code included in the letter you received. Once owners receive their mailed proxy, they can either return it via USPS, deliver it in person to: 409 NW Franklin Avenue, Bend, OR 97703 during business hours, or scan and email it to [email protected]. Proxies must be received no later than 4pm on October 26, 2022.

What happens if I’m buying or selling my NWX home during this process? Who gets to vote?

The owner of record as of the Meeting date (October 26, 2022) will be the only valid owner allowed to vote. Should an owner vote online prior to the Meeting and then sell their home, the new owner will have the opportunity to cast a new vote at the Meeting if they provide proof of ownership. This is the only instance in which a vote can be revocable. WBPC will not be confirming ownership after the voting process has started. It is the responsibility of new owners to cast their vote.

What happens if I lose my Unique Voting Registration Code? 

If you have not yet voted and cannot locate the unique voting registration code included in the letter mailed the week of August 29th, please email [email protected] and include your NWX property address. Experiencing technical difficulties with online voting? Please contact [email protected]. 

How will the results of the vote be communicated?

WBPC will update the website (northwestcrossing.com/vote) with the results following the October 26th Meeting. Each owner will also receive a written communication via USPS sharing the vote results and any next steps.

Regulatory Matrix for NWX

We created a simple matrix that shows the authority having jurisdiction over various design and use topics of interest for NWX owners. This provides links to the documents that cite the rules around what you can and cannot do to your property.