All L'Esprit tract owners, and tenants under a lease, are bound by the L'Esprit Declaration and LPOA articles of incorporation and bylaws.

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Every person or entity that has ownership in a L'Esprit tract is an LPOA member.

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Each LPOA member has voting rights based on the amount of acreage that's owned.

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LPOA is a property owners' association, not a homeowners' association.  A residence in L'Esprit isn't required to be an LPOA member.

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A member's (tract owner) rights, in accordance with the Declaration, can only be delegated to and exercised by family members who reside on that property, or any tenant who resides there under a lease.  Article III.2. of the bylaws doesn't extend membership rights to any other non-member, such as a guest or a person who rents a horse stall.

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The Declaration can only be amended with 75% voting acreage approval, and this includes adding or removing easements.

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LPOA members, not the board, are authorized to amend the bylaws.  No membership-approved bylaws amendment requires acceptance by the board to go into effect.  

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L'Esprit never imposed fines until a 'fine policy' was unilaterally enacted by the LPOA board on 8-7-23 (curiously dated 7-1-23) without any structured membership input.  The board's alleged legal authority doesn't apply since the Declaration would first have to be amended by 75% voting acreage to permit levying of fines (word 'fine' not found in Declaration). 

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​​​​​​​A legal opinion can only become LPOA policy if it is adopted by the LPOA board. 

 

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An estimated 95% of all LPOA members have no decision-making rights concerning the amount of any LPOA assessment.

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Only the LPOA board approves the budget, sets spending limits and permits exceptions. 

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The LPOA board, not committees, supervises all officers and agents, including vendors.

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Only LPOA's president may sign in the name and on behalf of LPOA for all written instruments authorized by the board, unless the board delegates that corporate authority by approved motion to some other officer or agent of LPOA.

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LPOA's board is authorized to remove an officer, but not a board member.

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The Architectural Control Committee (ACC), as established under Article 3 of the Declaration, may act by a majority vote.  Each ACC member's vote on an application should be recorded and subject to inspection by any member.  

 

 

 

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No LPOA permission is required for L'Esprit tract owners to independently communicate with neighbors and others of their choosing.

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​​​​​No individual or entity can violate L'Esprit/LPOA copyrights, such as use of names or logos. 

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The Declaration requires that maintenance and care of fences on a tract are the responsibility of that owner(s).

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​Article 3.04(v)vii (Drives and Access Roads) of the Declaration provides no exception for paving at least the first 100', including entryways for "private farms/operations" and "farming operations/mowing", which are terms created by LPOA volunteers.  Any such exception would require 75% acreage approval of an instrument to amend the Declaration.

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The Declaration was amended three times during L'Esprit's initial 12 years, but hasn't been amended since 1995.

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