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Reinstated Ballot and Clarifications on Amendment

Published: May 09, 2025

The recent vote for improvements was suspended and all votes were cancelled. A reinstated ballot has been issued with clarifications to the proposed amendment.

To ensure this ballot is valid, we need 51% homeowner participation. Please take a moment to visit the HOA website and cast your vote.

Click here to cast your Vote now

Why is this amendment needed:The proposed amendment is necessary to address the oversight related to the replating and removal of the 8 acres from North Creek HOA. While the land was replated in 2021 the declaration was not updated to reflect this change.

The board and management team has engaged HOA legal experts from HOAF, Parrish Nicholls attorney to review and clarify the amendment, ensuring its alignment with legal standards and understanding the potential consequences if not approved.

1. Why does the HOA need to approve if HOA does not own the land?
The declaration was not updated with the recorded plat. This is correcting a legal oversight. The title company requires that the Prior declarations’ restriction for residential use be removed as it concerns the 8 acres in Escrow.

2. What is the current deed restrictions?
The current restriction is residential single family. If they leave residential single family they will only approve to build apartments, townhomes or senior living facility which decreases property value.

3. Is zoning different than a restriction?
Yes, zoning is separate from restrictions. Current zoning is
PD, planned development restrictions to include residential, schools
and industrial zones. Schools increase property values.

4. Why would HOA approve to remove the current restriction?
The current restriction supersedes a zoning restriction. The deed restriction would allow apartments, townhomes and senior living to maximize the land and build several stories high. Homeowners would not be able to protest. If this restriction is removed, then it will fall under the zoning PD and allow a school to be built.

5. Can the zoning be changed?
The City of McKinney classifies zoning. Rezoning cannot happen without property notice and public display posted stating the proposed rezoning which can be protested.

6. What is the legal suggestion from the office of HOAF to approve or disprove? With the information provided, Parrish Nicholls suggest in approving this Amendment and does not see any issues with removing the restriction.

7. Would the HOA potentially be caught in a legal battle if they don’t approve?
Yes, and responsible for all legal fees. Possible options would depend on the specifics of the claim made against the association.

I hope this answers some of your questions, if you need further clarification, please contact your board members or management for accurate information. I have attached a link to the current declaration and the proposed amendment. The attorney used to report the findings is a well-known law firm that represents only HOA’s. The purpose is to review and protect the HOA. As management we work to protect the homeowner as well as their property values.

North Creek McKinney HOA

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