Update: RA RELAC Referendum Gets New Rule

by Karen Goff November 25, 2014 at 11:00 am 6 Comments

Lake Anne PlazaReston Association has changed the way the January’s referendum for RELAC users will work.

The RA Board voted last week to authorize a referendum for the 343 users of the RELAC air-conditioning system. It the referendum passes, it would give homeowners a choice in how they want to cool their homes.

The Lake Anne-area homeowners on RELAC are bound by the Reston deed to use the lakewater-cooled system, which was touted as revolutionary and quiet in the mid-1960s, but has been met with frustration by some users at its inefficiency in recent years.

RA said at first that two-thirds of the homeowners would need to vote in favor of referendum — which would release the owners from the deed, giving them the option to add, at their own expense, a different air conditioning system.

But upon further review, RA said on Tuesday that the referendum will pass with two-thirds of voters, not homeowners.

From RA:

The quorum for this referendum is at least 10 percent of the 343 members (in the Lake Anne area) eligible to vote. This is in compliance with Article VI, Section VI.2 (b) (15) as viewed in the light of Article I, Section I.2 (a) of the Reston Deed.

It was previously reported that two-thirds of all 343 members was required for the referendum to pass. However, after consulting with legal counsel, the association has determined that under the current Reston Deed, as amended, the required number of votes for the referendum to pass is two-thirds of only those members who cast ballots in the referendum. Votes must be received by 5 p.m. on Jan. 30.

Currently, the Reston Deed states that “In any residential cluster in which central air conditioning service is available to the lot line, no individual air-conditioning units of any type shall be permitted.” The recently board-approved ballot question will ask members whether that section of the deed should be revoked.

Last summer, 110 homeowners signed a petition asking RA for the referendum. RA last held a RELAC referendum in 2008. It was defeated 130-100.

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