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 plans to begin sending communications about the ARC relinquishment and this voting process to all NWX lot owners this summer (2022).  Mailings and emails containing information and a link to a webpage explaining the voting process and timelines will be sent over the summer.  After this initial informational period, WBPC will notify all owners in writing of its intent to relinquish control of the ARC in late summer, will open the voting website and announce the Meeting Date at which the vote will be finalized.  The voting is expected to occur electronically over a two-month period and at a Meeting in fall 2022.

How will the vote be conducted?

While the vote is finalized at the Meeting, owners do not have to be in attendance at the Meeting to have their vote counted.  Using an online voting service, owners may direct how their vote is to be cast in advance of the Meeting.  Each owner will receive a unique link in a letter sent via USPS, which allows for a login into the online voting portal and provides permission to vote.  The Meeting held in the fall will also allow for any owner who hasn’t already voted online to cast a vote in person.  WBPC is covering all costs of this voting process. For owners who prefer not to vote online or attend the in-person Meeting, a written mail-in option will be available upon request.

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 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. 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.

How will the results of the vote be communicated?

WBPC will update the website (northwestcrossing.com/vote) with the results following the meeting date. Each owner will also receive a written communication via mail 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.