January 2023 ARC Board Election

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.

Will the architectural review process continue after the developer relinquishes control?

Yes. A vote of the owners took place in October 2022 that followed a process outlined by the CC&Rs. The decision to form a non-profit corporation and continue the architectural review process was approved by a majority of the owners.

Now that the vote to continue the architectural review process has passed, what are the next steps?

The immediate next step is to elect a 5-member ARC board. The nominations for owners interested in serving on the board has now closed and the 11 candidates running for the board are included in this Voter’s Pamphlet. 

A vote to elect the 5-member ARC board will take place in January 2023 and we anticipate the first board meeting will convene in February 2023. In subsequent months, the developer will be working with the board to establish the organization’s governing documents, finances and training on the architectural review function and processes.

How will the board members be elected?

In accordance with the CC&Rs, an election of the owners will take place. Unlike the vote to continue the ARC, this election does not require a majority of owners to vote. The election is now open and owners can vote online here. Information on each board candidate, as supplied by that candidate, is available in this Voter’s Pamphlet. 

The process to vote will be similar to the recent vote on whether to continue the architectural review. Online voting is available through a third-party voting portal and each property owner should have received a unique voting registration code via USPS the first week in January. Owners will use the unique voting registration code and 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.

An Owner Meeting scheduled for 4:00 PM on Wednesday, January 25, 2023 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 (instructions to request a hard-copy proxy ballot will be provided once the election opens). 

The 5 candidates who get the most votes by the close of the election at the January 25^th Owner Meeting will be elected to serve on the board.

How many votes do I get to elect board members?

Each property/household gets to cast one vote for a slate of 5 board members. When voting, you can vote for up to 5 candidates.

Do board members have to be owners in NorthWest Crossing?

Yes. Per the CC&Rs, members of the architectural review board must own property in the neighborhood. Nominees for the board will need to provide an address of at least one owned property in NWX on the application, which will be verified by the developer.

Will there be term limits for ARC board members?

That is a decision the inaugural board members will make when they establish the bylaws that will help guide the organization’s governance moving forward.

Is the non-profit ARC corporation the same as a homeowners association? Will I be required to pay any fees?

The owner-controlled ARC corporation is not an owners association and will not have any authority to assess dues or act in any capacity other than managing the architectural review process and the NWX Rules & Design Guidelines.  The CC&Rs allow the ARC corporation to charge reasonable review fees for managing the review process and it will have the ability to edit and enforce the Rules & Design Guidelines, including assessing fines for non-compliance.  The owner-elected ARC corporation board will control the processes and fees.

What will be the duties of the nonprofit ARC corporation?

The duties of the ARC corporation will be to accept, review, manage architectural review applications, and enforce the Rules & Design Guidelines 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 and/or fines is limited only to the ARC related functions.

If the new ARC board doesn’t like something on my home or in my yard that has already been approved (like the color of my home), can they make me change it?

No. Any approved improvement by the outgoing ARC will be “grandfathered” in and cannot be changed by the incoming ARC board.

How will the nonprofit ARC corporation be funded?

WBPC will seed the ARC corporation with $50,000 to help cover the minimal operating expenses for several years to come. Additionally, the ARC board can establish a reasonable fee schedule and fine schedule (for non-compliance), that will help fund the organization.

I am currently in ARC review for a home improvement but don’t have final approval yet. How will this be handled? 

If you initiated an ARC submittal under the current ARC managed by the declarant, the current ARC will continue to manage your submittal through the final approval process.

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

The owner of record as of the Meeting date (January 25, 2023) 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.