To the Everlee Developer, Everlee Village Center Association, and Everlee HOA,

We, the undersigned homeowners and residents of Everlee, respectfully submit this petition requesting clarification and action regarding several concerns affecting our community.

Everlee is a large multi-phase residential development expected to include approximately 2,344 homes upon completion. Residents are proud to be part of this growing community and share the goal of seeing Everlee develop into the safe, welcoming, and connected neighborhood it has been widely promoted to be.

This petition is submitted in good faith and in the spirit of constructive dialogue. Our goal is transparency, fairness, and collaboration between homeowners, the HOA, and the developer as the community continues to grow.

Our concerns relate to fair access to Village Center amenities, transparency in rule changes, safety conditions within the development, and the absence of homeowner representation during the developer-controlled phase of the community.

These concerns are based on a review of the governing documents for the development, including:

• Everlee Covenants dated July 2, 2024
• Everlee Rules and Regulations
• Bylaws of the Everlee Village Center Association

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1. Village Center Amenities Are Governed by an Association Comprised of All Homeowners

The Everlee Village Center Association Bylaws state:

“Each person who is the Owner of any Lot within the Property shall be a member of the Village Center Association.”
(Bylaws Section 2.01)

This language establishes that the Village Center Association exists for all property owners within the development, and that Village Center amenities are governed on behalf of the full membership of the Association.

The putting green, fire pits, pickleball courts, and surrounding gathering areas are located within the Village Center outdoor amenities, which fall under the governance of this Association.

Because of this structure, these amenities were reasonably understood to be shared community amenities intended to serve all residents.

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2. All Homeowners Financially Support the Village Center Amenities

The Village Center Association Bylaws further provide that the Association prepares an annual budget and that:

“Each member shall pay his or her prorata share of the Annual Assessments.”
(Bylaws Section 5.09)

This means that all homeowners contribute financially to the operation and maintenance of Village Center amenities through HOA assessments.

When all homeowners fund these amenities, restricting access to portions of those amenities raises concerns about equitable access to facilities funded collectively by the entire membership.

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3. Rules May Govern the Use of Common Areas but Do Not Clearly Establish Permanent Exclusion

The governing documents authorize the Board to adopt rules regarding the use of common areas:

“The Board shall have the right… to adopt rules and regulations regarding the use of any of the Common Areas.”
(Bylaws Section 5.12)

However, such provisions typically relate to operational matters such as:

• hours of operation
• safety policies
• reservation procedures
• facility management

 

The governing documents reviewed do not clearly establish the authority to permanently restrict outdoor Village Center amenities to a specific group of residents while all homeowners continue to financially support those amenities.

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4. Residents Support the 55+ Community, but Request Fair Interim Policies

Residents understand that the Primrose 55+ clubhouse and amenity center are still under development, and that temporary accommodations may be necessary during construction.

Many residents have expressed that they are not opposed to temporary use of Village Center amenities by Primrose residents while their dedicated amenity center is being completed.

However, two concerns remain:

• Outdoor Village Center amenities such as the putting green, fire pits, and pickleball courts should remain accessible to all residents regardless of age.
• If Village Center amenities are being used as a temporary substitute for Primrose amenities, homeowner assessments should reflect that temporary limitation until the Primrose amenity center is completed.

 

The Village Center outdoor spaces were presented as shared gathering areas for the entire Everlee community, and restricting them based solely on age raises concerns among residents who financially support these amenities.

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5. Residents Have Observed Rule Changes Without Clear Communication

Residents have expressed concern that amenity access policies appear to have changed without clear written communication to homeowners.

Transparent communication regarding rule changes is essential for maintaining trust between residents, the HOA, and the developer.

Residents are requesting clear documentation and communication regarding any policy changes affecting community amenities.

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6. Lack of Homeowner Representation During Developer Control

The Village Center Association Bylaws state:

“Until the occurrence of the Village Center Turnover Date, Developer shall have the sole and exclusive right to appoint and remove all members of the Board.”
(Bylaws Section 3.03)

While residents understand that developer control is common during the early phases of development, the absence of any functioning homeowner advisory committee or formal resident representation has created a significant communication gap.

Residents have been informed that a committee exists, yet homeowners currently have no identifiable mechanism for providing input or feedback to the developer or Association.

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7. Safety Concerns Regarding the Community Entrance Road

Residents have raised serious safety concerns regarding the only entrance road into the development.

Construction traffic, including dump trucks, frequently travel down the center of the roadway, creating situations where residents report near head-on encounters between construction vehicles and homeowners.

Currently:

• the road lacks striping or a centerline
• there are no temporary traffic calming measures
• construction traffic continues to use the roadway heavily

 

In addition, potholes and uneven pavement caused by the roadway serving as both a residential entrance and a construction access point have created hazardous driving conditions. Residents often report needing to maneuver around these pavement issues, which has contributed to vehicles crossing into opposing lanes and increased the risk of head-on encounters.

 

Residents have requested temporary striping, rumble markers, or other traffic control measures to help guide traffic and reduce the likelihood of vehicles traveling down the center of the road until permanent road improvements are completed.

 

These requests have not yet resulted in corrective action despite the potential safety risk.

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8. Representation of the Village Center Amenities to Prospective Homeowners

Multiple homeowners have stated that during the home purchasing process, The Square at Everlee and the Village Center amenities were represented and marketed as shared community amenities intended for use by all residents of Everlee.

Publicly available marketing materials describe The Square at Everlee as a dynamic social hub divided into two wings serving both multi-generational residents and active-adult residents, with outdoor amenities such as gathering areas, pickleball courts, and recreational spaces forming part of the central community experience.

Based on these representations, many homeowners reasonably understood the Village Center amenities — including outdoor spaces such as the putting green, fire pits, and pickleball courts — to function as shared community amenities for the broader Everlee neighborhood.

Residents respectfully request clarification regarding how current access policies align with both these representations and the governing documents establishing the Village Center Association for all homeowners.

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Requested Actions

In the interest of maintaining a safe, transparent, and collaborative community, residents respectfully request:

1. Written clarification identifying the governing document provisions authorizing the restriction of Village Center amenities.
2. Transparent communication to all homeowners regarding any rules or policy changes affecting amenity access.
3. Consideration of restoring equal access to Village Center outdoor amenities that are financially supported by all homeowners.
4. If amenity access restrictions remain in place, adjustment of annual HOA assessments to reflect the reduced access to amenities experienced by non-55+ residents.
5. Establishment of a functioning homeowner advisory committee to allow residents to provide input during the developer-controlled phase of the community.
6. Immediate evaluation of safety conditions at the community entrance road, including temporary striping or traffic safety measures.
7. A 1 hour open forum hosted at the amenity center by the HOA, and the developer to address all residents concerns within 45 days of receipt of this petition.

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Everlee has been widely promoted as a flagship development for the area. Residents share the goal of seeing the community grow into the safe, welcoming, and connected neighborhood it was intended to be.

Transparency, communication, and collaboration between residents, the HOA, and the developer will help ensure the continued success of the Everlee community.

Respectfully,

Everlee Homeowners