There have been many questions concerning Sky Country Estates and the formation of the Sky Country Estates Property Owners Association. Following are some of the most frequently asked questions. If you still have a question concerning Sky Country please contact one of the temporary Board of Directors, they will be happy to assist you.
Q: Why was a lawyer hired and who is paying for his services?
A: It was decided on September 8, 2007 at a property owners meeting (See September 2007 newsletter on website) that a lawyer would be needed to help the temporary Board of Directors draft the ByLaws. A voluntary collection of $100.00 per property owner was collected to help pay for legal services. This $100.00 would then be discounted on the first assessment collected by the newly formed Sky Country Estates Property Owner’s Association (SCEPOA). Just a reminder that we are not an official entity yet, so there is no discount on your assessment until SCEPOA has been recorded in Santa Fe.
As of July 5, 2008, $3720.00 has been collected. The lawyer expenses prior to July 5, 2008 have totaled $1,631.52. If you would like to contribute please send a check to Joan Nussbaum or contact Don Segers.
Q: What is a Property Owner’s Association?
A: It is a non-profit membership corporation that is composed of the owners of all properties of Sky Country Estates. The SCEPOA will be managed by an elected Board of Directors and will be registered with the State of New Mexico. Its purpose is to maintain and manage the common areas, which include the roads and the water system, and to govern the community in accordance with the provision of the legal documents: CC& R’s, Bylaws, and Articles of Incorporation.
The SCEPOA is financially supported by all its members. Assessments are billed annually.
We are currently adopting the By-Laws and will be filing our Articles of Incorporation.
Membership is both mandatory and automatic once the Association has been formed.
Q: What are CC&R’s?
A: The Covenants, Conditions, and Restrictions (CC&R’s) are the governing legal documents that set up the guidelines for the operation of the planned community. Failure to abide by the CC&R’s may result in legal action and fines. The CC & R’s are kept on record at the Otero County Clerks Office. The governing legal documents for the association may be viewed online within the Resource Center page of Sky Country web site.
Q: What are the Bylaws?
A: The ByLaws are guidelines for the operation of the non-profit unincorporated association. It is the governing instructions by which SCEPOA will conduct itself. It will define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership’s voting rights, how notices and required meetings will be announced, and the other specific items that are necessary to run the Association as a business. Once the Bylaws are adopted they will be viewed online on the Association’s web site.
Q: Why does Sky Country Property Owners need to become an Association?
A:
- As required by the closing documents with purchase of your property, owners are required to belong to the Sky Country Estates Property Owners Association. This association is responsible for the maintenance and operation of the water system and roads.
- Sky Country LLC has agreed that the POA formed will be the legal governing body of Sky Country Estates once the subdivision is completed to federal, state, and county requirements.
- The POA would be the forum for the property owners to voice their interests as the developer finishes his obligations to the subdivision.
- The POA would have the ability to obtain grants for water development and maintenance in the future.
Q: If the Property Owners become an Association does that relieve the responsibilities of the Sky Country L.L.C. Developers from completing the water systems and roads?
A: No, establishment of the Association does not relieve the Sky Country Estates L.L.C. of the responsibility to provide water to all lots and to maintain roads. The Association will accept this responsibility only AFTER the water system meets New Mexico State and Federal requirements, and is furnished to all property owners. After approval by the Property Owners Association, the water system and roads will be deeded to the Association.
Q: What are my voting rights for voting on the adoption of the ByLaws?
A: The voting rights were established in according the Paragraph 15 D of the Sky Country CC&R’s. These documents are located in the Resource Center of the web site (skycountryestates.googlepages.com)
Q: Are there any other rules?
A: The rules and regulations of Sky Country Estates are provided for in the CC&R’s. The CC&R’s provide direction to the property owners for common courtesies with regard to maintaining the aesthetic value and integrity of the community on behalf of all owners, and hopefully protect the market value of your investment as well.
Q: What is the Board of Directors?
A: The Sky Country Estates Property Owner’s Association again is a corporation and therefore a governing body that is required to oversee its business. The Board of Directors is elected by the members of the SCEPOA, or as otherwise specified in the bylaws. The limitation and restrictions of the powers of the Board of Directors is outlined in the SCEPOA ByLaw governing document. This document will be up for vote on August 29th, 2008.
Q: Is there a web page available for Sky Country Estates?
A: Yes. The web address is skycountryestates.googlepages.com (do not place a www in front).
All governing documents will soon be available in the Resource Center of the web page. We are also working on establishing a discussion board with password capabilities. Please place this web site on your favorites and refer to it frequently. We hope it becomes a valuable tool for Sky Country members.
