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HomeMy WebLinkAbout06-26-26 Public Comment - M. McHugh - Fw_ Bozeman Study Commission edits to the proposed City charter suggestions to improve the languageFrom:Mary Frances McHugh To:Bozeman Public Comment Subject:[EXTERNAL]Fw: Bozeman Study Commission edits to the proposed City charter suggestions to improve the language Date:Friday, June 26, 2026 10:23:02 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please provide the memorandum below to the Mayor and Commission members. Thank you. Mary Frances McHugh (530)598-7383 From: Mary Frances McHugh <m.f.mchugh@hotmail.com> Sent: Friday, June 26, 2026 9:18 AM To: govreview@bozeman.net <govreview@bozeman.net> Cc: Mary Frances McHugh <m.f.mchugh@hotmail.com> Subject: Bozeman Study Commission edits to the proposed City charter suggestions to improve the language Please provide the enclosed comments below to the Study Commission for consideration in the Bozeman Study Commission's edits to the proposed City charter. These are suggestions to improve the language. Thank you. Mary Frances McHugh Date: June 26, 2026 To: The Study Commissioner, City of Bozeman / cc: Mayor and Commissioners, City of Bozeman Re: Regarding the Bozeman Study Commission edits to the proposed City charter suggestions to improve the language From: Mary Frances McHugh, Owner in Harvest Creek Subdivision, Bozeman, MT Give Homeowners' Associations a voice in the Inter Neighborhood Council (INC) structure. I propose the following specific line edits to the language of proposed Section 8.04 (see highlighted proposal below): Section 8.04 Neighborhood Associations … (b) Recognition of neighborhood associations. The city shall support the creation and maintenance of resident-led neighborhood associations. The city commission shall establish by ordinance minimum recognition requirements for neighborhood associations that support participation, deliberation, and communication with residents and the city. These requirements shall include, but not be limited to: 1. clear geographic boundaries developed in partnership with the neighborhood and the Inter-Neighborhood Council or as fixed by the applicant association’s governing document; 2. membership of a neighborhood association is open to all residents, property owners, business owners, and nonpartisan organizationslocated within a neighborhood association’s boundary or as established by the applicant association governing document ; 3. A majority of the leadership, as defined by the neighborhood association’s bylaws, should be residents of the neighborhood and only residents of the neighborhood may serve as the association’s Inter- Neighborhood Council representative. Adherence to established by-laws ensures democratic, voting procedures, continuity of governance, and provide the ability for a neighborhood association’s selected representative to vote on INC recommendations; a. Copy of the by-laws and all amendments and applicant's governing documents to filed with the city ; 4. periodic meetings, including an annual meeting; 5. demonstrating it has a means of regular, accessible, and two-way communication with all residents in the neighborhood. 6. capacity to develop and transmit advisory input on neighborhood and citywide issues. 7. A homeowners’ association formed at the establishment of a subdivision of land within the City shall be permitted to apply as a Homeowners’ Association for recognition under this provision. a. If the Homeowners’ association was formed prior to the adoption of this charter, the association is presumed to conform with the provisions of (b)(1)-(6) above for recognition as a neighborhood association and shall be recognized as a neighborhood association. b. If the Homeowners’s association is formed after the adoption of this charter, the association shall comply with provisions (b)(1)-(6) above for recognition as a neighborhood association. A neighborhood association shall maintain compliance with the minimum standards established by ordinance to continue to be recognized by the city and to be eligible to elect members to the Inter- Neighborhood Council. My suggested language will broaden, not limit public participation. This charter provision and implementing ordinances (Bozeman Municipal Code Sections 2.05 and 4.06) are barriers to public participation for citizens who are in HOAs, which is are structure already in place and should be qualified. The only distinction between an HOA and a neighborhood association (NA) appears to be the “membership” requirement. Membership is defined by the City ordinance, not by the charter. Section 2.05.1150 provides: Sec. 2.05.1150. - Membership. A. The membership of recognized neighborhood associations shall be open to all residents, property owners, business licensees, and representatives of nonprofit organizations within the defined neighborhood boundaries. B. All eligible for membership in recognized neighborhood associations may actively participate in neighborhood events, activities and meetings exercising voting rights pursuant to neighborhood association bylaws, without regard to race, national origin, religion, economic status, sex or physical ability. C. A recognized neighborhood association will be responsible for maintaining sign-in sheets and other records as required by the neighborhood association bylaws. Typically, an HOA is organized, has By Laws, regular meetings, posts notices, has an identifiable membership, and an ability to communicate with that membership. In all respects but one, an HOA would be recognized as an NA by the City. Yet, to apply for NA recognition all residents must be members and all members must be able to vote. In an HOA, some properties are occupied by non-owners, viz.., renters. An HOA founding document is usually a recorded Declaration of Covenants, which establishes membership and voting rights in property owners only. Generally an HOA cannot easily or readily change the terms of its membership, frequently those terms were fixed decades ago, and require an insurmountable percentage vote for amendments. Take, for instance, the HOA of which I am a member, there are 500 households. They have no voice in INC, even though, in all respects but one the HOA would qualify as an NA. Although the process and application for recognition of an NA was clearly designed to serve as informal structures when there was no formal structure to meet the interests of the citizens, it left behind those citizens who live in neighborhoods served by formal structures, like HOAs. This proposed modification would allow persons who are within the geographical area of an HOA who are not members and feel they are not served by the HOA representation to form their own association and likewise participate. Adoption of the suggested language would address the lack of a rational basis for distinguishing organizations served by informal structures and those served by formal structures. There is no rational basis for a law that recognizes only neighborhood associations that fit the composition required by the City but does not recognize existing, lawfully created neighborhood organizations serving similar purposes, viz., HOAs. The result is disparate treatment of members of an HOA by their own local government. It creates an impediment to participation of members of HOAs in vital city affairs which are broached and discussed, preferentially, in the INC. This can be cured by the proposed language above. These comments are on my own behalf. I do not make any representations or comments on behalf of any other person or any organization. Thank you.