To: Signature of Solon Homeowners From: Signature of Solon Board of Trustees
Subject: Amendment to Master Declaration of Covenants for Traffic Enforcement
The Board of Trustees requests your approval to change the Signature of Solon Master Declaration of Covenants to allow Solon Police enforcement of speeding and stop sign violations in Signature of Solon.
As you are aware the Solon Police cannot respond to residents' concerns regarding speeding within our community. Currently, Solon police can legally enforce traffic laws only for violations such as reckless driving or driving under the influence. The proposed Amendment is in response to residents who expressed concern about street/traffic safety. If the Amendment passes, the Board of Trustees can enjoin the Solon Police to enforce speeding and stop sign violations. The additional Police enforcement should enhance what already is a safe development.
The Trustees asked a committee headed by Dick Eshleman to evaluate alternatives to improve street safety. Their recommendation, which was presented at the Annual Meeting of Homeowners on November 8,2007, was to petition the City of Solon to enforce speeding and stop sign violations in Signature. Alternatives considered were private security and speed humps/bumps. Experience tells us speed bumps are inconvenient. Private security could cost as much as $500 annually per homeowner and provide only an informal means of enforcement.
Approval of this amendment will have little effect on our status as a private community. Homeowners can expect the following if this amendment is approved:
• Solon police will enforce only stop sign and speeding violations in addition to more serious
violations such as reckless driving and DUI.
• The gates, once repaired and operable, will remain closed.
• Golf carts will be permitted to operate as they do today but could be ticketed for speeding or
stop sign violations.
• Any other traffic law such as driving without a license or an underage child driving a golf cart
cannot legally be enforced.
• Stop signs and speed limit signs will be upgraded to comply with Ohio code at a cost of about
$15,000 and is provided for in the 2008 budget.
The Board of Trustees feels strongly, as your elected representatives, that we have an obligation to maintain the highest possible traffic safety. We ask you to approve the attached amendment by signing and returning it in the enclosed self -addressed, stamped envelope to Barnett Management.
Please respond in a timely manner so that plans for traffic enforcement can be put in place before summer vacation begins. Feel free to contact Barnett Management or any Trustee should you have questions.
Sincerely,
Signature of Solon Board of Trustees
Richard Reder, Larry Wuench, Mark Weiskind, Doris Mayer, Bob Patriarco , Joseph Hoffman
Anthony Johnson
SECOND AMENDMENT TO THE MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF SIGNATURE OF SOLON
The Board of Trustees for Signature of Solon Master Association, Inc. ("Master Board") hereby proposes that the Declaration of Covenants, Conditions and Restrictions ("Declaration") be amended as follows:
At the end of the Section 7.12 in Article 7, the following paragraphs shall be added:
In addition to the foregoing, and notwithstanding anything else contained in this Master Declaration, the Master Board shall have the authority to enter into an agreement with the City of Solon to permit the City to enforce the following traffic regulations on Master Association property:
1. Co. 434.035 and ORC 4511.09-enforcement of speed limits;
2. CO. 432.205 and ORC 4511.09-enforcement of stop signs.
The Master Board shall install and maintain signage appropriate to the enforcement of the above-named regulations. In the event that the Master Board determines, in its sale discretion, that it is no longer in the best interests of the Master Association to permit enforcement of these regulations, the Master Board may terminate the Agreement with the City of Solon without further amendment of this Declaration, but with prior written notice to all Owners.
Under no circumstances shall this Section be construed to relieve Owner of any of its responsibilities and obligations under the Declaration.
This Second Amendment shall become effective within ninety (90) days of the recording of this amendment with the office of the Cuyahoga County Recorder.
Any conflict between this Amendment and any other provision of the Declaration shall be construed in favor of this Amendment.
This Instrument Prepared By:
Elizabeth A. Nowak, Esq.
McCarthy, Lebit, Crystal & Liffinan, Co. L.P.A.
101 West Prospect Avenue, Suite 1800
Cleveland, Ohio 44115
(216) 696-1422
Please cast your vote as soon as possible and return this form to Barnett Management, Inc. at 3681 Green Road Suite 305 Beachwood, OH 44122, or fax to 216-831-4168
Property Address: _____________________________________________________
Property Owner(s): ______________________________________________________
The undersigned, Owner (s) of the The Signature of Solon Master Assoc., Inc. indicated above, hereby consent (s), vote (s), and agree (s) that the Master Declarations of Covenants of The Signature of Solon Master Assoc., Inc. be amended to include the proposed addition at the end of
Article VII, Section 7.12, Traffic Regulations.
The undersigned further grant (s) a power of attorney to the officers of The Signature of Solon Master Assoc., Inc. to execute the necessary documents to be filed with the Cuyahoga County Records evidencing the consent granted herein.
I hereby CONSENT AND AGREE to the Traffic Regulations, Article VII, Section 7. J 2
Signature(s) ___________________________________________________________
Date ___________________________________
If co owned, both owners should sign. If only one signs, he/she states that he/she represents the entire vote of the unit.
I Hereby REJECT the Traffic Regulations, Article VII, Section 7. J 2
Signature(s) ___________________________________________________________
Date ___________________________________
If co owned, both owners should sign. If only one signs, he/she states that he/she represents the entire vote of the unit.