Vote to Update Our CC&Rs and Bylaws

The Westview Estates Owners Association Board is asking members to vote by written ballot on two updated governing documents:

  1. Amended and Restated Declaration (our CC&Rs)
  2. Amended and Restated Bylaws

The updates bring both documents into line with current Utah law and include several changes the Board recommends. The Association worked with the law firm Jenkins Bagley Sperry, PLLC to prepare them.

What’s in the packet

  • Exhibit 1: The proposed Declaration, with every change marked: deletions are struck through and additions are underlined.
  • Exhibit 2: The proposed Bylaws, marked the same way.
  • Exhibit 3: Your ballot.

If you’d like clean copies without the markups, please contact the Board.

What it takes to pass

Declaration (CC&Rs): The current Declaration contains conflicting amendment rules. One section requires a majority vote with a three-fourths quorum, plus a unanimous vote for changes to Sections III and IV. Another section requires 75% of owners and 75% of mortgage lenders. Utah law (Utah Code § 57-8a-104) caps amendment requirements at 67%. To simplify the process and satisfy every provision, the Board is applying a single 67% standard. Approval therefore requires:

  • signed and notarized approval from at least 67% of all Lots, and
  • approval from at least 67% of first mortgage lenders. Lenders are being notified separately.

Because the 67% is counted against all Lots, not just the ballots returned, every ballot matters.

Bylaws: At least one-tenth of the Association’s total votes must take part to establish a quorum. Once a quorum is reached, the Bylaws pass if more than 60% of the participating votes are in favor.

How to vote

  • Sign your ballot in front of a notary.
  • Return a complete, legible copy of the ballot. You don’t need to send the original.
  • Return it by email, mail, or in person:
    • Email: wvestateshoa@gmail.com
    • Mail: PO Box 2378, Cedar City, UT 84721
    • In person: To any Board member, or at a regular Board meeting (second Thursday of each month, 7:00 PM, Cedar City Library)

Deadline: 11:59 PM (MST), Tuesday, December 15, 2026

What happens next

If the vote passes, the Board will sign both documents, record them with the Iron County Recorder, and notify members. If it doesn’t pass, the Board will notify members that the proposal failed.

The Board considers these updates very important and encourages every owner to take part.