NOTES ON MEETING OF REPRESENTATIVES 
FROM EL ENCANTO AND COLONIA SOLANA 
WITH THOSE FROM CITY AND WARD 6

September 30, 2008

Present:
John Rupley, Elaine Hegstrom, El Encanto; Bill DuPont, Colonia Solana; Laura
Burge, Ward 6 rep; Andrea Ibanez, Neighborhood Resources; and Mike Rankin,
City Attorneys Office.


Meeting was wide-ranging, driven by questions from neighborhood
representatives, and it was informal and relaxed.  Following is a
summary, organized by topic, not by the timeline of the discussion.

Principal concerns:

	Noticing by various city departments of pending issues (zoning, etc)
	relevant for neighborhoods:

		Automatic noticing if neighborhood contact is on the DNR list
		used city-wide for noticing.

		Only representatives of registered neighborhoods can be on
		list.

		Non-registered associations must request noticing from each
		department of interest to them (police, dsd, transportation,
		etc.); the request often is (unintentionally) forgotten or 
		lost; effectively, routine noticing is not possible for 
		non-registered associations.

		Some information that would be noticed can be obtained online
		without request.  


	Mechanism of registration for El Encanto (EEE) and Colonia Solana (CSE):

		These two neighborhoods were among the several whose actions
		resulted in creation of the city neighborhood services
		department.

		They were subsequently shut out by M&C ordinance excluding
		homeowners associations, of the kind that had been
		established a long time previously for EEE and CSE.

		The ward and city representatives indicated that M&C would
		not support an ordinance grandfathering EEE and CSE as 
		approved neighborhood associations, i.e., M&C would not now
		reverse the previous exclusion.

		There are two plausible mechanisms for registration of EEE
		and CSE:

			Revision of association articles of incorporation and
			bylaws to accord with conditions required by city
			ordinance, particularly:

				opening membership to all residents 
					(including renters);
				eliminating special rights of property owners;
				changing name from Homeowner's Association.

			Alternatively:

			Creation of a second neighborhood organization, a
			city-approved neighborhood association, to exist as a
			dual structure in parallel with the existing
			homeowner's association:

				the two organizations must be independent,
					each from the other;
				there can be adjacency, e.g., the annual
					meeting of one can be immediately
					after that of the other, in the same
					room and presumably with a similar
					set of attendees.
			
Various comments made at meeting:

	What is required and allowed for a city-approved neighborhood
	association?

		Attendance at meetings and membership must be open to all
		residents (including renters) and property owners.

		Some mailings must be sent by DNR.

		Dues can be required for a voting membership.

		A single vote can be assigned to a household, as distinguished
		from a a vote assigned to each resident of the neighborhood.
		In this case, each household would determine how the single
		vote is to be apportioned among the individuals, or who is to
		cast the vote, etc.

		Voting by non-resident property owners could be allowed,
		e.g., by including the property owner with the household
		resident on that property.

		There is flexibility in what can be allowed in the bylaws,
		e.g., powers of the board.


	Services by DNR:

		Mailing assistance: mailed material must be approved 
			(censorship of political material).

		Cleanup assistance: 8'x22' roll off containers for trash;
			important for CSE, for cleanup of wash.
		

	Should EEE and CSE alter articles and bylaws or go for dual structure?

		Go for dual structure:
			city representatives Rankin, Ibanez, and Burge all
			agreed.

			Laura Burge additionally noted that EEE residents may
			resist changing from homeowner's association, more
			than one might think.


	If a neighborhood has a homeowner's association but no approved
	neighborhood association, could a group of neighborhood residents,
	perhaps surreptitiously, form an approved neighborhood association
	that would be in conflict with the standing homeowner's association?

		Yes, but so what?  If have dual structure, whether
		initially formed harmoniously or antagonistically,
		there is the possibility of differences in positions
		taken, owing to different makeup of the voting
		membership.  This can be healthy, serving as a flag
		for matters needing attention within the neighborhood
		or at the city level.


	Miscellaneous:

		City Attorney Rankin: an approved neighborhood association
		has no special legal standing with city, e.g., in zoning
		administration hearings, beyond the standing afforded to
		unapproved organizations.

		Contact for questions:
			Andrea Ibanez, Deputy Director DNR
				791-4605
			Leticia Bermudez, DNR
				791-4605