The proposed amendment
Understanding the proposed amendment
What homeowners are being asked to approve
Which land is affected
The letter calls it the "New Development Property", about 43 acres zoned for multi-family development. HOA letter, Sept. 25, 2026, p. 1 — open source document The FAQ calls it "Two parcels next to Crismark". HOA FAQ, p. 1 — open source document The Town's records describe "two development projects adjacent to the Crismark subdivision", on parcels "originally a part of the overall Crismark Master Planned Development". Town records, part 3, p. 21 — open source document
The exact boundary will be the legal description in the amendment. How that land lines up with the 1998 Parcels 1 and 7 is covered on Parcels 1 & 7.
The reasons given
The HOA letter gives these reasons:
- The original developer did not intend the land to be part of Crismark, but "the existing documents are not as clear as they could be". HOA letter, Sept. 25, 2026, p. 1 — open source document
- Without clarification, future owners of the new development "could potentially argue" that they are subject to the CC&Rs and entitled to use Crismark amenities. HOA letter, Sept. 25, 2026, p. 1 — open source document
- The board believes the amendment is "the simplest, quickest, and least expensive way" to settle the question. HOA letter, Sept. 25, 2026, p. 3 — open source document
The statements are assessed one by one on Claims & Evidence.
How approval and recording work
More on thresholds, co-owners, notarization and withdrawal is on HOA Governance.
What is still uncertain
See the full list of records requests and outstanding questions.
Side-by-side comparison
Existing recorded Declaration
Not yet obtained. The recorded Declaration (2000) and any supplemental declarations would show which land is covered.
Proposed amendment
As described by the HOA: the amendment would state that the New Development Property "is not part of the Crismark HOA and is not subject to the Crismark CCRs".
Result if effective
Cannot be determined until both texts are compared.
Existing recorded Declaration
Not yet obtained. The Declaration's provisions on common areas and who may use them.
Proposed amendment
As described by the HOA: residents of the new development "would not have rights to use Crismark HOA amenities".
Result if effective
If the land is outside the CC&Rs, its owners would ordinarily have no rights under them, including amenity rights. Whether that is a change depends on what the Declaration now says.
Existing recorded Declaration
Declaration's amendment article not yet obtained. State law: owners holding at least 67% of the votes, or a larger majority the Declaration specifies.
Proposed amendment
As described by the HOA: 67% of lots, all owners of each lot signing, signatures notarized.
Result if effective
Takes effect only when recorded; challenges barred one year after recording.