The Lac Du Cours Board of Directors met on Tuesday, April 18 and discussed the proposed amendments to the LDC Covenants and Bylaws that need to be voted on by May 5. 

The Board considered the full process and extent of work that has gone into this project so far. There was a committee formed, legal counsel advised on the amendments and drafted the proposed language, and multiple open meetings were held for discussion and collaboration to work through updates.  

The Board has voted to advance the amended LDC Covenants and Bylaws to a community vote. 

Attached are the following documents that should be reviewed by all residents in full: 

• High-Level Summary of 2023 Amendments to LDC Covenants & Bylaws 
• SECOND AMENDED AND RESTATED DECLARATION OF CONDITIONS, COVENANTS, RESTRICTIONS AND EASEMENTS REGARDING LAC DU COURS 
  • Amended Covenants – Clean Copy
  • Amended Covenants – Redline Copy Showing All Tracked Changes
  • Owner Signature Page
    • THIS MUST BE SIGNED IN FRONT OF A NOTARY AND TURNED IN BEFORE MAY 5 AND WILL COUNT AS YOUR VOTE TO AMEND THESE COVENANTS AS PROPOSED
• AMENDED AND RESTATED BY-LAWS OF LAC DU COURS HOMES ASSOCIATION, INC.
  • Amended By-Laws – Clean Copy
  • Amended By-Laws – Redline Copy Showing All Tracked Changes
  • Directed Proxy for Bylaw Votes
    • This can serve as your vote for the proposed Bylaw amendments by turning this in for the May 9 HOA meeting, or you can vote in person at the meeting) 

As you read through these documents, please keep in mind this is the first time in 60 years these documents have been amended and modernized. We highly encourage homeowners to dig in and read the details as this will impact how the community is governed.  

Please know that a lot of time, energy and money was put into this process. To approve the proposed amendments, we need 88+votes.  If we don’t modernize the documents now, the next time we can do so will be in 2033. 

Thank you for your full support of this amendment process and please make sure to turn in a notary signed vote of the Covenants per the timelines listed below. 

LDC Board of Directors

High-Level Summary of 2023 Amendments to LDC Covenants & Bylaws

What are these documents?

• Covenants = Rules governing property use and maintenance designed to improve overall atmosphere, aesthetics, and property values within the neighborhood.
• Bylaws = Governing document for how our home association operates (e.g., voting rules, how many meetings must be held, what powers the board possesses, etc.)

Why are we bothering amending these documents?

• Our current versions are basically originals from when the neighborhood was founded 60 years ago—the world has changed with new laws, the Internet, and a mature LDC neighborhood.
• The current covenants say at Section 5.2 that it takes a 95% vote of the owners to amend the covenants unless we do so within a ten-year window (then it requires a majority vote per Section 5.1); so if we don’t amend by May 5, 2023, we have to either get 95% of the owners to affirmatively agree or wait until May 5, 2033.

Who is the driving force behind these amendments?

• Process started in 2019. Recently, a group of current HOA board members, former board members, and LDC homeowners have worked collaboratively to discuss necessary updates—open meetings were hosted on February 2, March 15, April 4, and April 11.
• Amendments drafted by qualified specialist with a respected Milwaukee law firm hired by HOA.

What are the major amendments to the covenants?

• Clarification of provisions restricting outbuildings, home leases, and business use of property.
• Updates to requirements for HOA approval of changes to home exteriors and major landscaping.
• Added authority for HOA to enforce covenants through use of fines and special assessments.

What are the major amendments to the bylaws?

• Authorization of electronic voting and updates to voting procedures.
• Updates to the Board’s ability to enforce covenants, impose fines for violations, and collect delinquent annual assessments.
• New provisions directing the Board to adopt procedures for enforcement actions and resolving homeowner complaints (to be approved at a future homeowner meeting)

What do I need to do?

• We need 88+ votes in favor of the amended covenants for them to pass.
  • Residents must sign a voting form in front of a notary public for them to count. The HOA’s attorneys must have physical copies of these forms in their hands by May 4, 2023.
  • Notaries available to answer questions and notarize voting forms in the clubhouse on Saturday, April 29 from 10:00am-12:00pm, and Sunday, April 30 from 3:00-5:00pm.
• You should document any existing non-conformity on your property as of May 5 to show it is entitled to grandfathering treatment.
• Please feel free to email questions to Aaron Wegrzyn at aaronwegrzyn@gmail.com or Lindsey Burghardt at lindsey.zimick@gmail.com.