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Governing Documents Questions Addressed
The Alliance of Reston Clusters and
Homeowners helped its members wade through changes in the proposed governing
documents.
August 31, 2005 - Reston Connection - By
Jason Hartke
Frank Pfeilmeier called
the governing documents referendum a contract that the community is making
with the Reston Association. “This is a contract that will last at
least 20 years,” said Pfeilmeier, who is president of the Alliance of Reston
Clusters and Homeowners.
Last Wednesday, Aug. 24, Reston Association representatives met with members
of ARCH at the Reston Community Center at Lake Anne to discuss the proposed
revisions of the governing documents, which will be voted on by RA members in
October.
The governing documents codify the rules and regulations that govern RA. They
haven’t been changed for more than 20 years. RA has argued that the
documents need to be revised to secure the future financial viability of
Reston.
While RA has worked to update the documents for the last two years, about 16
ARCH members have spent 1,000 hours in 18 meetings to complete an 80-page
report investigating the changes to the documents. A summary of that report
was provided at the meeting and the full report can be found on ARCH’s
website, www.restonarch.com.
“ARCH is taking this very seriously,” said Pfeilmeier at the meeting,
which drew about 60 people. The meeting was moderated by ARCH member
Robert Goudie, who lives in Reston Town Center and is therefore not a member
of RA. “It’s one of the reasons folks thought I’d be a good
moderator,” Goudie said.
DURING THE TWO-HOUR MEETING, Goudie took questions from the audience to be
answered by RA President Jennifer Blackwell, RA CEO Milton Matthews and Bob
Diamond, the attorney from Reed Smith LLC hired last summer to assist RA in
drafting the new documents.
“We are very much in an input mode,” Blackwell said to the audience early
on. “We want to hear what you want in these documents.” In an opening
statement, Blackwell justified the elimination of the cap, a potentially
divisive change made in the proposed documents. “The cap is broken. If it is
maintained we will not be able to maintain the services that Reston is
accustomed to,” she said.
Several questions from the audience concerned the cap. Rock Brown, an ARCH
board member, asked if the cap would still be a problem if it were maxed out
in coming years. According to RA estimates, the assessment will exceed the cap
in 2007 keeping everything equal. However, for Blackwell, that wasn’t the
issue. “We’re not looking to 2007 or 2008, we’re trying to look forward
20 or 25 years from now,” she said. “We would like to incorporate things
that we’re not even thinking about now.” Robert E. Simon, founder of
Reston, who attended the meeting, said the RA board shot itself in the foot
back in 1984 when it implemented the cap. He noted that the state and the
county governments don’t have a cap, so he wondered why RA should.
Yet several people expressed opinions against eliminating the cap.
Blackwell reminded them that the board had agreed to an alternate cap that may
be added to the documents if the board feels the elimination of the cap could
doom the referendum. The alternative cap maintains a cap but ties it to the
Employment Cost Index or an increase of 5 percent, whichever is greater.
OTHER PEOPLE at the meeting were concerned that the proposed documents
drastically change the relationship of RA and the clusters. “It is not
the intent of the board to change how the Reston Association interacts with
the clusters,” said Diamond. “What is the intent of the board is to make
clear, make explicit the relationship that exists.”
Another issue relating to clusters was liability insurance. The proposed
documents will require that clusters have a certain level of liability
insurance. “So will RA be getting into the business of telling
clusters the level of insurance they will need?” Goudie said, summarizing a
question from the audience. Blackwell and Diamond responded, telling the
audience that the requirement protected RA members and cluster members alike.
Despite attempts by the RA representatives to alleviate concerns, several
people were still worried about the changes.
“What’s bothering a lot of people is not you or your intentions, but that
this language doesn’t provide many limitations to your authority,” said
Matt Egan, who has lived in Reston nearly 30 years.
George Kain, who has lived in Reston 28 years, is still undecided about the
documents. “The problem is, I want to see what the final document really
says,” Kain said. “I’m hoping they clear up all the ambiguities and good
intentions and then I’ll take a look at the final version and make a
decision.”
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