CI
CI
City of ALBUQUERQUE
SEVENTEENTH COUNCIL
COUNCIL
COUNCIL BILL NO. ENACTMENT
NO. ________________________
SPONSORED BY:
ORDINANCE
AMENDING
SECTION 14-8-2-4(C) ROA 1994, A PORTION OF THE NEIGHBORHOOD
ASSOCIATION RECOGNITION ORDINANCE, TO ALLOW THE RECOGNITION OF
THE FOUR HILLS VILLAGE NEIGHBORHOOD ASSOCIATION EVEN IF IT
OVERLAPS WITH A PREVIOUSLY RECOGNIZED NEIGHBORHOOD ASSOCIATION.
BE IT
ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF
ALBUQUERQUE:
Section 1.
Section 14-8-2-4(C) ROA 1994 is amended to read as follows:
“(C) No new neighborhood association shall be recognized
which has within its boundaries a geographic area already
defined within the boundaries of an existing, previously
recognized neighborhood association unless the new association
demonstrates to the satisfaction of the Mayor that it has more
membership in the overlapping area than the first association.
[+Except that the
Four Hills Village Neighborhood Association, a Domestic
Non-Profit Corporation, shall be recognized as a neighborhood
association without the need to comply with the requirements set
forth at §14-8-2-4(C) ROA 1994.+]”
Section 2.
SEVERABILITY CLAUSE. If any section, paragraph, sentence,
clause, word or phrase of this ordinance is for any reason held
to be invalid or unenforceable by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining provisions of this ordinance. The Council hereby
declares that it would have passed this ordinance and each
section, paragraph, sentence, clause, word or phrase thereof
irrespective of any provision being declared unconstitutional or
otherwise invalid.
Section 3.
COMPILATION. This ordinance shall be incorporated in and made
part of the revised Ordinances of Albuquerque, New Mexico, 1994.
Section
4. EFFECTIVE DATE. This ordinance shall take effect five
days after publication by title and general summary.
X:\SHARE\Legislation\Ordinances\9 dual neighborhood
association.doc
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Neighborhood Task Force
Final Report
Respectfully Submitted To
City Council
September XX, 2007
Neighborhood Task Force Report
Executive
Summary
Don
Harris, District 9, Council Memorandum (appendix I) dated April
25, 2007 proposed a Neighborhood Task Force to look at five (5)
general topics:
1. The function and role of the
Office of Neighborhood Coordination;
2. Possible amendments to the
Neighborhood Association Recognition
Ordinance (Sections 14-8-2-1
et seq. ROA 1994);
3. Neighborhood governance;
4. Notice to neighborhoods; and
5. Other issues identified by
the Task Force
All City
Councilors were invited to provide up to three (3) names from
their districts representing a recognized neighborhood
association, a homeowner’s association or homeowner association
management company, or a member of the development community. A
total of fourteen (14) sat on the task force, representing all
council districts except District 7. Councilor Sally Mayer did
not respond. Clarification from Councilor Harris provided the
structure of 1 voting member per district. A TF member listing
organization and voting status is listed in appendix II.
The task force
had seven (7) meetings, open to the public, all held on the
ninth floor of the City/County Building, with the first meeting
held July 10, 2007. The initial meeting represented an
organization meeting, with the election of task force chair,
Nancy Bearce and vice chair, Bambi Folk, the adoption of revised
Robert’s Rules, and limiting meetings to two (2) hours from 6:15
pm to 8:15 pm.
Invitations
were issued to the City’s Legal Office and Office of
Neighborhood Coordination (ONC) to attend a task force meeting
to provide information to the task force. The Legal Office
provided attorney John DuBois to discuss legal questions on the
City’s Neighborhood Recognition Ordinance and homeowner’s
associations. ONC’s response was that all questions should be
submitted 48 hours in advance and two ONC staff, Patrick
Montoya, Interim Program Director and Stepani Winclepleck,
attended the next to the last meeting of the task force.
The task force
resolved to make recommendations in three (3) areas:
1.
Organizational status of ONC
2.
Home Owner’s Associations
3.
Changes to Neighborhood Recognition Ordinance.
The task force
majority recommendations follow, with minority reports for two
(2) of the areas.
Task Force Recommendations
-
Organization of Office of Neighborhood Coordination (ONC)
Majority Opinion:
The Task Force recommends that the City Council support the
“Audit Model” (or a similar structure used for the newly
created Audit Office) for establishing ONC as a more independent
organization. (6-1 Vote)
Minority Opinion:
ONC should be removed from the Planning Department and made into
its own City Department for the benefit of the citizens,
neighborhood associations, City Council, Mayor, and other City
Departments.
-
Homeowner’s Associations (HOAs)
Majority Opinion:
The Task Force recommends the City Council implement
legislation that:
A) establishes HOAs as
quasi-governmental;
B) require the full disclosure
of all covenants, rules and restrictions that are applicable in
an HOA at least 2 weeks prior to settlement on any property
under covenants;
C) require an HOA to
participate in mediation, and arbitration if necessary, with the
recognized NA when disputes arise between a recognized
neighborhood association and a HOA with overlapping boundaries;
D) establish and make available
an HOA central registry for the purpose of HOA notification for
zoning hearing enforcement (ZHE) and traffic engineering
violations and such a registry will be available in the City’s
GIS system, like the neighborhood associations, for the public
at large;
E) formally request the State
Legislature to implement legislation that addresses the concerns
and recommendations submitted by this Task Force, particularly
regarding options for dispute resolution.
(Unanimous 7-0 Vote)
-
Neighborhood Recognition Ordinance
Majority Opinion:
No changes at this time. (5-2 Vote)
Minority Opinion:
To be a Recognized Neighborhood Association, the
association’s bylaws shall include the following provisions, in
addition to those already in Ordinance:
A) Term Limits –
Officers may serve only 2 consecutive 2-year terms
B) Full notification of all
meetings, particularly regarding elections, to the entire
neighborhood, not just membership. Methods should include all
available means such as posters, web site posting, emails etc.
C) Nominations must be allowed
from floor at any meeting involving elections
D) Membership lists must, upon
request, be shared with all members. Records must be open
for members of non-profits in compliance with New Mexico’s Non
Profit Corporation Act.
E) Neighborhood associations
must be incorporated as a “non-profit” from the Public
Regulation Commission in Santa Fe as a measure of legal
protection for the Officers of the neighborhood association and
to provide for open inspection of records. ONC staff will assist
in this process.
F) Any spokesperson purporting
to represent a neighborhood association position must
voluntarily announce how the neighborhood association’s position
was arrived at, how many voted and when vote took place.
Appendix 1
Councilor Harris’
Memorandum
 CITY
OF ALBUQUERQUE
CITY
COUNCIL
INTEROFFICE MEMORANDUM
TO: Debbie
O’Malley, President, City Council
FROM: Don Harris,
Councilor, District 9
SUBJECT: Neighborhood Task
Force
DATE: April 25,
2007
CC: All
Councilors, Laura Mason
I am putting together a task force, composed of up
to nine members, to provide to me and the City Council, by
August 1, 2007, recommendations regarding the following general
topics:
1. The function and role of the Office of
Neighborhood Coordination;
2. Possible amendments
to the Neighborhood Association Recognition Ordinance (Sections
14-8-2-1 et seq. ROA 1994);
3. Neighborhood
governance;
4. Notice to
neighborhoods; and
5. Other issues
identified by the Task Force.
I have asked Scott Varner, the
executive director of the Xeriscape Council of New Mexico, the
President of the Towne Park Neighborhood Association, and a past
board member of the Towne Park Home Owners’ Association, to
initially chair the Task Force. I would like the Task Force
to consist of a member from each Council district who represents
a recognized neighborhood association, a homeowner’s association
or homeowner association management company, or a member of the
development community.
I anticipate that the Task
Force will elect a Chair (who may be someone on the Task Force
other than Mr. Varner) and Vice Chair, and, following notice to
all members of the Task Force, may meet with or without a
quorum. All of the Task Force’s meetings shall be held in a
City facility and shall be open to the public. The Task Force
may adopt procedures for the conduct of its meetings that it
deems appropriate. I will request that the Task Force generate
a report (which may include a minority report) that summarizes
the information considered and the Task Force’s
recommendations. The Task Force’s report should include
recommendations, if any, for legislative amendments or
initiatives.
Please
provide me with names of individuals from your districts who
would like to serve on this Task Force and who fall within the
categories set forth above. Because of the importance of having
balanced representation, I would like to receive two or three
names from each Councilor. I would like to get the Task Force
underway as soon as possible so I would appreciate receiving the
names by May 11, 2007.
Appendix 2
Task Force Member Listing
Voting
Members:
Miguel
Maestas, District 1
Lee
Julian, Bel-Air Neighborhood Association, District 2
Kevin
Hagan, District 3
Bambi
Folk, District 4 Coalition
Brett
Lopez, Ventana Ranch Neighborhood Association, District 5
Nancy
Bearce, District 6 Coalition of Neighborhoods
Bob
Francis, Cibola Neighborhood Association, District 8
Scott
Varner, Towne Park Neighborhood Association &
Towne Park Home Owner’s
Association, District 9
Non
Voting Members:
John
Husler, Rancho Encantado
Laura
Horton,Ventana Ranch Neighborhood Association &
West Side Coalition of
Neighborhood Associations
Joe
Yardumian, NorEste Neighborhood Association
Dr. Joe
Valles, West Side Coalition of Neighborhood Associations
Charlie
Bennett, La Mesa Community Improvement Association
Jim
Strozier, Nob Hill Neighborhood Association
Appendix III
Majority Report,
Background/Discussion
Recommendation Item 1
Whereas, the
Office of Neighborhood Coordination (ONC)
1. Serves
as a liaison between neighborhood associations and City
government;
2. Serves
as a liaison between neighborhood associations and the
development community; coordinates notification to recognized
neighborhood associations from applicants who apply for zone
changes, site development plans and liquor licenses prior to the
City’s acceptance of such requests;
3.
Provides information between neighborhoods and local government
such as training workshops on Neighborhood Leadership,
Parliamentary Procedures, Neighborhood Association Patrol
Training, Land Use issues and many other relevant topics;
4. Is
responsible for implementation of the Neighborhood Recognition
Ordinance, also known as
O-92-5, which defines the process by which the City
organizes and officially recognizes neighborhood associations
who meet the requirements of the ordinance.
5.
Encourages individuals to cooperate with their existing
neighborhood association;
6. Works
with City officials and recognized neighborhood associations to
develop appropriate processes for neighborhood review and
comment on city plans and policies;
7.
Supplies to all recognized neighborhood associations a current
list of all city government agencies, their department heads,
and corresponding phone numbers;
8. Advises
recognized neighborhood associations of self-help projects,
which could enhance the quality of life within their
neighborhoods;
9. Along
with the district Councilor, serve when appropriate as a liaison
between a recognized neighborhood association and city agencies;
10.
Provides for the sharing of information with recognized
neighborhood associations by furnishing, upon request, available
pertinent information;
11.
Provides to recognized neighborhood associations a city
newsletter to inform them about happenings in city government
and to increase communications between such neighborhood
associations;
12. Upon
request, assist the district Councilor and/or neighborhood
associations in the formation of alliances of neighborhood
associations;
13.
Supplies to the public and to city officials the names and
addresses of the two designated recipients of notices, as most
recently specified by each recognized neighborhood association
and;
14. Has
served as the model for other cities and was the first to
institute a Neighborhood Recognition Ordinance;
A majority
of the Task Force wants a well trained, fully staffed and well
funded ONC, which is autonomous from both the Mayor and City
Council and is more directly responsible to the citizens of
Albuquerque.
Appendix IV
Minority Report,
Background/Discussion
Recommendation
Item 1
Whereas
the Minority of the Neighborhood Task Force agrees with the
Majority Report up to the placement and model template to be
used as they reported.
Whereas,
the Office of Neighborhood Coordination be removed from under
the Planning Department and current funding from the Planning
Department for the Office of Neighborhood Coordination be
available to them until the next Fiscal Budget Year comes.
Whereas,
the Office of Neighborhood Coordination should be brought up to
a full staff and be fully budgeted from the City during each
Fiscal Year.
Whereas,
the Office of Neighborhood Coordination should be changed by
Ordinance to be made a permanent department unto itself and not
put under the influence of any other City department.
Appendix V
Report,
Background/Discussion
Recommendation
Item 2
Whereas, the Neighborhood Task Force
1.
Acknowledges that it is increasingly difficult for homeowners,
particularly new homebuyers, to avoid living under a Home
Owner Association (HOA) in new communities;
2.
Recognizes that regardless of how carefully by-laws are worded,
an HOA board has tremendous power and control over many aspects
of members’ lives;
3
Recognizes that an HOA board can become overzealous or even
abusive in its governance;
4.
Recognizes that an HOA functions as a quasi-governmental
organization
5.
Recognizes that HOAs are granted its authority under the laws of
the State of New Mexico.
Background Provided:
There is a
growing need to recognize that residents of Albuquerque in HOA’s
can be subjected to harassing and even illegal action from HOA
boards.
HOA’s
boards are run by volunteer directors who often have limited or
no experience operating real property organizations or running a
non-profit corporation. They rarely have experience in
interpreting and enforcing restrictions and rules imposed by the
governing documents. Violations and mistakes are inevitable,
sometimes, deliberate, and this may lead to serious, costly, and
very divisive confrontations and legal battles.
The mere
existence of rules and by-laws does not guarantee that
democratic procedures will be followed for homeowners. HOAs, as
quasi-governmental institutions with similar powers of
government, should not be allowed to infringe upon the
fundamental rights of residents, yet this happens. Without some
type of protective safeguards this will likely continue to
happen and increase as more of our new communities are built
with CC&Rs and ruled by HOAs.
The
principle remedy for resolving a violation in an HOA is private
litigation and this may not be an ideal remedy where the
disputants are neighbors and must try to maintain an ongoing
relationship. Homeowners who cannot afford to bring a lawsuit
are also effectively denied the benefit of the laws designed to
protect them. Litigation can also impose huge costs on the
entire HOA and result in unnecessary/frivolous assessments.
Specific
areas that seem to cause the most problems and are not easily
resolved by normal procedures have to do with properly conducted
elections, properly conducted meetings, adequate notice of
meetings and board actions, and inspection and access to books
and records. If a board chooses to be non-compliant in any of
these areas, it is likely to not voluntarily participate in
mediation or arbitration.
Examples
from throughout the country are abundant and many states and
cities are taking steps to help protect the rights of
individuals in these communities. There are currently no checks
on an abusive board of directors other than the will of the
residents and the court system, which can be more expensive than
many residents are willing to consider. Abuses are therefore
often allowed to continue without action, both due to cost of
resolution and the absence of information to the community as a
whole. Florida state law now allows a judge in any case brought
to court to require the parties go to mediation or arbitration,
thus speeding up the decision process and lowering costs.
Appendix V
Majority &
Minority Report, Background/Discussion
Recommendation Item 2
Majority Report
Changes to
the Recognition Ordinance were considered by the Task Force.
However, the majority of the Task Force makes no recommendation
for changes at this time. In its deliberations, the Task Force
considered the following:
There is widespread concern and resistance on the part of
neighborhood associations to any further infringement on their
autonomy by the City. If, for example, the City were to dictate
‘term limits’ in neighborhood associations by-laws, it could
well backfire with respect participation in neighborhood
associations. Moreover, there is concern that the City would
overreach its authority and in effect, subject neighborhood
associations to the Open Meetings Act as a quasi-branch of City
government.
While the Task Force recognizes that changes may be appropriate
in the future, given the current status of ONC and its staff,
and the City’s restraint on the availability of ONC personnel;
the Task Force was deprived of ONC’s expertise and institutional
knowledge regarding implementation of the Neighborhood
Recognition Ordinance. In essence, “if we don’t know how or
even if it’s broke; why fix it?”
Minority Report
There was
a significant split in the views of the Task Force members when
it came to suggesting any changes in the existing “requirements”
necessary to achieve “Recognized” status for neighborhood
associations. The majority view seemed to be very rigid and
closed. For example, one member stated he would vote “no” to any
suggested changes in part due to his area’s coalition that had
voted unanimously that no change should be made even before the
Task Force had met to begin such discussions.
The
minority felt that these refusals to consider any changes may
in-fact provide an indicator that indeed there is a need for
some changes, a few of which are addressed below. During the
discussion, it was widely acknowledged there were many events,
albeit perhaps few in number, and often isolated, where
additional emphasis by the ONC could provide important leverage
to strengthening the role of neighborhood associations and
assuring additional adherence to, and enhancement of, democratic
principles.
The
minority also believes that the fact that the City’s Planning
Department, did now allow ONC to the Task Force meetings, until
the next to the last meeting, while regrettable, is not a valid
reason to take no action on suggested changes in existing
recognition requirements. During the Task Force meetings, there
was both full discussion and broad general concurrence that ONC
is currently understaffed, as well as under funded. A general
deterioration in providing Educational and Informational
services was noted.
One of the
more obvious, and acknowledged needs of many existing
neighborhood associations is increased participation – both in
terms of general membership participation, and also in a
willingness to serve in a position of leadership. The reasons
for this are many and varied. Often times, officer positions
have remained with the same individual, or small group of
individuals, for so many years that it is possible that new
leadership may not be “honestly” sought. The continued control
by a few leading to disinterest by the community may be the real
problem. Required modest limitations on terms of specific
offices, as well as rotational requirements, would alleviate a
majority of these type problems. Experience has shown that when
really significant issues come up, the community usually will be
heard from with more representative numbers.
To address
the above mentioned particular issue, as well as similar ones,
we propose that the ONC add a modest few additional requirements
as being ‘necessary’ for neighborhood associations to receive
“recognized” status. These requirements do not add any
additional organizational burden on either the neighborhood
associations or the ONC - but merely require that certain
democratic procedures are in place, and appropriately certified
by the neighborhood associations in their annual report seeking
“recognition.” If they are already being done then nothing more
is required. This simple “certification” process would thus
provide the basis for any challenge if, in fact, previously
certified procedures are not being followed. If a neighborhood
association does not choose to be recognized then any and/or all
of the criteria can be ignored.
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