Bulk Cable Contract Updates

Good Afternoon Residents:

We have just finished tabulating the results for the Annual Meeting election of the Board and results for the other three measures.

Board members elected for a two year term are:

Congratulations to all three and everyone in the HOA thanks you for your willingness to volunteer on the Board for two years.

The other three measures and their results are:

The Board has approval to negotiate a 5 year bulk internet only contract with Frontier.

Here is the video of the meeting:

Thank you all and see you soon.

Kim Fuller
President

Good afternoon,

Last week the Ballots for the Board election and the Bulk Cable approval measure were sent to your home. You should have already received the ballot, but if not, it should arrive shortly.

I want to remind everyone that there are two Town Hall meetings on Monday 3/2/20, first at 9 am and then at 12 noon. In this meeting the Board will explain in more detail why Frontier was selected for a Bulk Cable plan and how the install schedule will unfold if passed. It has been the goal of the Board to offer a savings plan for bulk cable service while at the same time not impacting residents in a negative way. The Spectrum plan would have impacted too many residents with something they don’t want, don’t need, or can’t afford, and the price increase in monthly dues over $50 per month was just too high.

Your ballot will have a measure, on the second side of the ballot, to either vote in favor of the Frontier plan or to vote against the plan. The majority of those voting will decide the outcome. If the majority does not approve the Frontier plan, the Board will cease all actions regarding any Bulk Cable plan. The Spectrum plan will not be offered as an alternative if the Frontier plan is defeated. The Board unanimously voted and made clear that the Frontier plan is the only plan that will be submitted for approval, so it will be Frontier or nothing.

I want to remind everyone that I did a podcast interview with Robert Firring where many questions were asked and answered about the Bulk Cable program. This is about a 30 minute interview to describe different aspects about the Bulk Cable program.

If you log onto our website as a resident, click on the ‘Podcast’ button on the right side of the screen, then scroll down to ‘Podcast Episode 175’, then click on “Click Here to Play” and you can then listen to the 30 minute interview where many questions are answered about the Bulk Cable program. You may also go directly to the podcast episode page by clicking here.

There are also documents on the website at www.scshca.com/bulkcable  to explain different TV options from Frontier if the plan is approved, but keep in mind if the Frontier plan passes it does not mean you have to buy TV programming from Frontier. The Frontier plan is for internet service only, so if the Frontier plan passes you will be able to purchase TV programming from any provider you so choose. You do not have to have TV programming from Frontier, so if you like your Spectrum TV plan you may keep it if you like.

If you have additional questions, please let me know.

Thank you,
Kim Fuller
President

Good afternoon once again:

I want to remind everyone that I did a podcast interview with Robert Firring where many questions were asked and answered about the Bulk Cable program. This is about a 30 minute interview to describe different aspects about the Bulk Cable program.

If you log onto our website as a resident, click on the ‘Podcast’ button on the right side of the screen, then scroll down to ‘Podcast Episode 175’, then click on “Click Here to Play” and you can then listen to the 30 minute interview where many questions are answered about the Bulk Cable program. You may also go directly to the podcast episode page by clicking here.

Be sure to check out the podcast and if you have additional questions please let me know.

Thank you,
Kim Fuller
President

Good afternoon residents:

At the Board meeting on 1/27/20, the Board voted unanimously to put forward for homeowner approval the Frontier Communications (Frontier) plan for a 5 year contract for internet service. The Ballots for this approval will be arriving at your home about March 1, 2020.

The Board will hold two Town Hall meetings on March 2, 2020 at 9 am and 12 noon.

This will be to present information as to why the Board decided on Frontier, why Spectrum will not be presented even if Frontier is turned down, information about the ballot arriving by mail, and proposed plan of install if passed.

We could not do afternoon or evening meetings because the Ballroom is booked, and we wanted to get you information as soon as possible because the ballots will be coming to your homes around March 1.

The Board did place on the upcoming ballot, a measure to allow the Board to negotiate and sign a 5 year contract with Frontier for internet service. Spectrum will not be offered as a choice. It was the Board’s position that the Frontier plan was in the best interest of the entire community so that is the only plan being presented to homeowners for approval. On the measure you will be able to vote either for or against the plan. The majority will prevail in this vote.

If the majority of homeowners vote in favor of the plan, the Board will then finalize contract terms and sign a 5 year contract with Frontier as long as contract terms are acceptable. If the homeowners, by a majority of those voting, vote against the Frontier plan, then the Board will cease all actions concerning a 5 year plan with Frontier or any other company for TV and/or internet services.

If you have questions, please let me know.

Thank you,
Kim Fuller
President

Good Morning Residents:

At the Board meeting on January 27, 2020, the Board voted unanimously to put forward for homeowner approval the Frontier plan for a 5 year contract on internet service.

The Board will place on the upcoming ballot, which you should receive around March 1, a measure to allow the Board to negotiate and sign a 5 year contract with Frontier for internet service. Spectrum will not be offered as a choice. It was the Board’s position that the Frontier plan was in the best interest of the entire community so that is the only plan being presented to homeowners for approval. On the measure you will be able to vote either for or against the plan. The majority will prevail in this vote.

If the majority of homeowners vote in favor of the plan, the Board will then finalize contract terms and sign a 5 year contract with Frontier as long as contract terms are acceptable. If the homeowners, by a majority, vote against the Frontier plan, then the Board will cease all actions concerning a 5 year plan with Frontier for internet service.

If you have questions, please let me know.

Thank you,
Kim Fuller
President

Good Morning Residents:

The Bulk Cable survey was completed yesterday at noon. There were 1491 responses. Results were Spectrum was preferred over Frontier by 61% to 39%.

I want to remind everyone that the survey is not an official ballot vote but is only a way for the Board to understand and gather information. The Board will be deciding on Monday, January 27, 2020 on which company, if any, will be put forward to residents for approval of a five year bulk cable contract. If the Board presents an official ballot vote for homeowner approval, it will come by regular mail at the same time as the ballot for the Board election which is due back by April 7, 2020.

If you have comments for the Board, please be sure to send those to me or you may speak at the Board meeting. If you want to speak at the Board meeting, be sure to fill out a speaker card with the staff at the door before the meeting starts.

Click here for the survey results:

Bulk Cable Survey Results

Thank you,
Kim Fuller
President

Good Morning Residents:

As I said at the Town Hall meetings on Monday and Tuesday, today we are furnishing a survey to obtain your input on a potential Bulk Cable TV and/or internet Contract. A potential contract would allow for Cable Companies to provide TV and/or internet services to the residents of the HOA for a period of five years and to potentially reduce the amount of money our residents are paying for internet and/or TV services.

This information was discussed at the last Town Hall meetings on January 13, 2020 and January 14, 2020. The Presentation, the video, and documents to answer questions about the different Bulk Cable plans are on the website at www.scshca.com/bulkcable.

The goal for the Board is to gather as much information as possible so the Board can make a responsible and informed decision on how to proceed. To get this information we are asking owners to fill out a survey online which is now available. You may only fill out one survey per household.

This survey is available on the website. You will be required to list your name and address. This is because you may only fill out one survey per household. If you fill out more than one survey per household, they will both be deleted, so please only fill out only one survey per household. This will provide accurate results, and if there is ballot vote it will be only be one vote per household, so one survey per household will be consistent with that process.

The survey must be completed by January 22, 2020 at noon to be included in the tabulation of results. The Board, at their next meeting on January 27, 2020, will be reviewing and then voting on which company, if any, will be selected to put forward for owner approval by a ballot vote for a Bulk Cable contract. Be sure to attend this Board meeting if you have comments for the Board. If you can’t attend that meeting you can always send your comments to the Board.

☞ Click Here for the Survey
THE SURVEY IS NOW CLOSED

Let me know if you have any questions.

Thank you,
Kim Fuller
President

Good afternoon residents,

At the Town Hall meeting this morning a resident found an error in my calculations for the Frontier plans. It turns out that if you want a TV plan from Frontier, the first TV with DVR includes the Set Top Box and I was calculating that you needed both a Set Top Box and a DVR for the first TV. This error showed an $11 per month error on all the Frontier plans. I was incorrect and Thank you to the resident for catching my error.

On the Frontier plans the first TV, if you want DVR, includes the Set Top Box which means there is not an additional charge of $11 per month on the Frontier plans that I displayed in the presentation at the meetings.

Please review these plans carefully now that the plan pricing for Frontier has been corrected. We have removed the Video from the website and will put up the Town Hall meeting from the Tuesday 2 pm meeting which will have the corrected information.

We have already replaced the PowerPoint presentation on the website with the corrected information. Here is a link to the updated PowerPoint with the corrected pricing for the different Frontier plans.

📄 Bulk Rate Cable TV &/or Internet Plans

Let me know if you have any questions.

Thank you,
Kim Fuller
President

Good morning residents,

After the Board meeting on Monday 12/16/2019, Spectrum submitted a new proposal. The Board has been reviewing that proposal in detail. I have attached a new presentation to describe the current proposals from both Spectrum and Frontier which you can view at the following link:

www.scshca.com/bulkcable

Some basic points in the new proposal from Spectrum are:

• Price will increase from $40 to $48 per month excluding all taxes, fees and any HOA fee
• Spectrum will not pay a Door Fee to the HOA ($1.035 Million)
• Reduction in content – No HBO or NFL Red Zone
• Small dollar amount changes in equipment pricing

These changes will bring the estimated total monthly cost per residential lot to approximately $51 to $57 per month depending on taxes and fees for the Spectrum plan.

The Board immediately began working with our representatives and Spectrum to try and resolve legal issues with their contract. At this point the Board believes all issues with the legal terms in both contracts from Spectrum and Frontier can be resolved within a few weeks.

The Board has scheduled the Montecito Ballroom on 1/13/2020 and 1/14/2020 to hold Town Hall meetings to explain what we believe will be the final proposals from both companies. The times of the Town Hall meetings will be 9:30 am and 2 pm on both days. We will then release a new survey for residents to fill out. This survey will be released on 1/15/2020 through the E-blast system and will need to be done by 1/22/2020 at noon so results can be tabulated before the Board Meeting on 1/27/2020. It is the Board’s intention to vote on which proposal to put forth to residents for a ballot vote in April. We need to decide at the January meeting which company and proposal to submit for a formal ballot vote if we are going to have all the material printed and ready to release in time for such a ballot vote.

The survey will be going out through the E-blast system and will be available on our website in the Residents-Only section. Only one survey per home address, any duplicates will mean both surveys will be deleted, so be sure to only fill out one survey per household. Your name and address will be required on the survey to be valid and incorrect addresses will be voided, so please take your time when you fill out the survey. This last survey will reflect the latest and up-to-date information on how the residents feel about moving forward, information that will be valuable for the Board vote on 1/27/2020.

Hopefully this clarifies how we are proceeding.

Let me know if you have further questions.

Thank you,
Kim Fuller
President

Good morning residents,

At our last Board meeting on Monday 12/16/2019, the Board made a presentation of current information regarding Bulk Cable Contract negotiations. You can view that presentation by going to the following link

www.scshca.com/bulkcable

The Board has been waiting on a response from Spectrum since our last meeting with them on 8/21/2019. Since then, Spectrum communicated in writing on multiple occasions they needed additional time to review their initial proposal and establish a new pricing model due to changes with many of their content providers. It is not the Board nor our attorneys who have been delaying negotiations.

On 12/6/2019 the Spectrum representative stated to us the following:

Spectrum has incurred significant increases in our programming costs across the board. This has required us to revisit our offer with our finance group to make sure we are in compliance with our new cost model.

After the Board meeting on Monday 12/16/2019, Spectrum submitted a new proposal. The Board is reviewing that proposal in detail now and we can hopefully have more complete information to you soon.

Some basic points in the new proposal include:

• Price will increase from $40 to $48 per month excluding all taxes, fees and any HOA fee
• Spectrum will not pay a Door Fee to the HOA ($1.035 Million)
• Reduction in content – No HBO or NFL Red Zone
• Small dollar amount changes in equipment pricing

These changes will bring the estimated total monthly cost per residential lot to approximately $51 to $57 per month depending on taxes and fees.

Unfortunately, this increased cost proposal by Spectrum does not address the contractual legal concerns which the Board communicated to Spectrum four months ago, so we again have asked Spectrum to respond to these concerns.

We have continued negotiations with Frontier and will hopefully resolve any legal issues with their agreement by next week. Currently, we have one insurance point to reach agreement on with respect to the significant terms of a proposed contract.

Hopefully this clarifies how we are proceeding. We are trying to work with both companies as quickly as possible to reach a positive conclusion. But we must wait for their responses and that is something we cannot control. Once we have all the information from both companies, we can decide how to proceed in the best interest of the HOA.

Let me know if you have further questions.

Thank you,
Kim Fuller
President

Good afternoon residents,

I have had more questions about the Bulk Cable contract process and what is the current status. I wish I had new information to report, but at this point there is little new information to give you regarding the Bulk Cable contract with either Spectrum or Frontier. We have listed our concerns which has been given to both companies.

The Board gave priority to negotiating with Spectrum first because Spectrum was selected by 77% to 23% over Frontier. It was also clear in the survey that 85% of residents want to do something. Once we contacted Spectrum and discussed the contract, it appeared to the Board this process could take some time given Spectrum’s comments in the meetings. It was Spectrum that felt this could take some time. We have asked Spectrum to respond to requests about changes in the agreement, but as of this date Spectrum has said they need more time. We have not heard anything about our requests in over two months. The current contract proposed by Spectrum was unanimously rejected by the Board.

We have been having discussion with Frontier on changes to their agreement and at this point Frontier has been more responsive. I can’t tell you how this will end up, but the Board is quite aware of the preference of Spectrum over Frontier but is leaving all options open in the best interest of the HOA.

It could be possible that if we don’t reach an agreement with Spectrum, but we do reach an agreement with Frontier, a ballot vote will go out for Frontier. At that point if residents don’t want to proceed with Frontier, they will be able to vote ‘no’ on the ballot for Frontier. This way if residents want Spectrum, and only Spectrum, and nothing else it will become clear.

Currently the Spectrum plan that has been proposed will cost about $45 per month for both TV and internet service. The equivalent plan from Frontier for both TV and internet service would cost about $90 to $110 per month. Both plans will save residents money, and the Board understands for TV and internet service the Spectrum plan would save more money than the Frontier plan. The Board also understands that the Frontier plan will affect fewer residents in a negative way because each resident could then pick the TV plan they prefer. This gives the Frontier plan more versatility over the Spectrum plan. The Board understands that most residents voted for Spectrum, but unless we can obtain an agreement that is acceptable to the HOA we will not be able to go forward with Spectrum. We are waiting on a response from Spectrum as to our concerns so we will have to wait and see.

Hopefully this clarifies how we are proceeding and that both companies have contract issues, so we are trying to work with both companies as quickly as possible to reach a positive conclusion. But we must wait for their response and that is something we cannot control.

Let me know if you have further questions.

Thank you,
Kim Fuller
President

Good afternoon residents,

I have had some questions in the last two days about the Bulk Cable contract process that I thought needed explanation for everyone. It is true that at this point the Board has no new information to give you regarding the Bulk Cable contract agreement with either Spectrum or Frontier. We have listed our concerns which has been given to both companies.

The Board gave priority to negotiating with Spectrum first because Spectrum was selected by 77% to 23% over Frontier. It was also clear in the survey that 85% of residents want to do something. Once we contacted Spectrum and discussed the contract, it appeared to the Board this process could take some time given Spectrum’s comments in the meetings. It was Spectrum that felt this could take some time.

Given that the process was going to take some time the Board felt it prudent to also begin negotiating contract terms with Frontier, although this process did not begin for about 2 weeks after the negotiations began with Spectrum. The Board has concerns about the contract terms from both companies, so negotiations began with Frontier to minimize time in case a contract with Spectrum was not possible.

At this point we are negotiating with both companies because both companies have contract terms the Board feels need to be changed if we are to proceed. Most of the concerns for the Spectrum contract are the same concerns we have for the Frontier contract. I can’t tell you how this will end up, but the Board is quite aware of the preference of Spectrum over Frontier but is leaving all options open in the best interest of the HOA.

It could be possible that if we don’t reach an agreement with Spectrum, but we do reach an agreement with Frontier, a ballot vote will go out for Frontier. At that point if residents don’t want to proceed with Frontier, they will be able to vote ‘no’ on the ballot for Frontier. This way if residents want Spectrum, and only Spectrum, and nothing else it will become clear.

Hopefully this clarifies how we are proceeding and that both companies have contract issues, so we are trying to work with both companies as quickly as possible to reach a positive conclusion.

Let me know if you have further questions.

Thank you,
Kim Fuller
President

Good morning residents,

At this point the Board has no new information to give you regarding the Bulk Cable contract agreement with either Spectrum or Frontier. We have listed our concerns below, and we are still waiting for a response. Our last message from Spectrum is that they will need more time. We are in negotiations with Frontier and are discussing terms of a contract with our legal counsel, FAC representatives, and the Board to try and reach a conclusion that is satisfactory to all parties.

Many have asked about a timeline for completion and it is something the Board can’t provide at this time. We can tell you, given a resident vote will be necessary before signing any agreement, we don’t anticipate anything being final for at least 4-6 months. The resident vote will take about 90 days to complete if and when we get a contract from one of the companies the Board feels is acceptable.

Given this information my only suggestion to all those returning to the area is to carefully consider signing a long term agreement with any company if it requires cancellation fees.

Here are the contract points the Board feels need adjusting before proceeding:

1. SCSHCA will require that it can terminate the contract if Spectrum is in breach of the contract and addendums and fails to cure those defaults within thirty days of receiving written notice of any breach.
2. SCSHCA will require that the contract not have an automatic renewal feature at the expiration of the term of the contract.
3. Spectrum will need to furnish certificates of insurance and applicable endorsements as set forth in our standard contracts for services provided by vendors to SCSHCA.
4. SCSHCA will not provide an indemnity to Spectrum and will require Spectrum to provide an indemnity to SCSHCA.
5. Spectrum will need to furnish SCSHCA with all their authorized Agents that will have access to the Property.
6. The authorized Agents will need to furnish certificates of insurance and applicable endorsements as required of Spectrum or Spectrum insurance will have to provide evidence of coverage applicable to all Agents.
7. Should Spectrum wish to assign the contract, the consent of SCSHCA shall be required which consent cannot be unreasonably withheld, conditioned, or delayed.
8. A default on the part of Spectrum will include filing of involuntary bankruptcy, committing waste on SCSHCA property.
9. The Spectrum contract will need to include exhibits where the current form refers to website locations; current policies under those provisions at the execution of the contract must be an exhibit to the contract.
10. Spectrum must provide notice of any material changes to their current policies to SCSHCA so that SCSHCA can provide notice to its unit owners.

If you have additional questions, please let me know. Thank you.

Thank you,
Kim Fuller
President

Hello Residents,

The Bulk Cable survey is complete, and there were over 1,700 responses. I want to remind everyone that the survey is not an official ballot vote but is only a way for the Board to gather information from the owners of homes in the community.

On Monday, August 26, 2019 the Board voted to pursue contract negotiations with both Spectrum and Frontier to try and reach agreeable terms for a 5-year contract for TV and/or internet service. If the Board can reach an agreeable contract, an official ballot vote will then be prepared and sent out by regular mail. The reason for having discussions with both companies is just in case we cannot obtain an acceptable contract with one company we can still negotiate an outcome with the other company. Until we know contract terms for both companies, the Board cannot decide on which company should be awarded the contract to provide the service.

We did meet with Spectrum on August 21, 2019 to discuss the terms of their template contract and to request changes that the Board felt were necessary. As of this date, Spectrum has requested more time to evaluate our requests. There are several items the Board felt were necessary to change if we were to proceed. Spectrum doesn’t anticipate getting back to us with an answer for another couple of weeks.

The template contract offered by Spectrum was not acceptable to the Board, and the Board voted unanimously that such a contract would not be in the best interest of the HOA. As it is currently drafted, the Board would not go forward with the template contract in its present form. The key business points are:

1. SCSHCA will require that it can terminate the contract if Spectrum is in breach of the contract and addendums and fails to cure those defaults within thirty days of receiving written notice of any breach.
2. SCSHCA will require that the contract not have an automatic renewal feature at the expiration of the term of the contract.
3. Spectrum will need to furnish certificates of insurance and applicable endorsements as set forth in our standard contracts for services provided by vendors to SCSHCA.
4. SCSHCA will not provide an indemnity to Spectrum and will require Spectrum to provide an indemnity to SCSHCA.
5. Spectrum will need to furnish SCSHCA with all their authorized Agents that will have access to the Property.
6. The authorized Agents will need to furnish certificates of insurance and applicable endorsements as required of Spectrum or Spectrum insurance will have to provide evidence of coverage applicable to all Agents.
7. Should Spectrum wish to assign the contract, the consent of SCSHCA shall be required which consent cannot be unreasonably withheld, conditioned, or delayed.
8. A default on the part of Spectrum will include filing of involuntary bankruptcy, committing waste on SCSHCA property.
9. The Spectrum contract will need to include exhibits where the current form refers to website locations; current policies under those provisions at the execution of the contract must be an exhibit to the contract.
10. Spectrum must provide notice of any material changes to their current policies to SCSHCA so that SCSHCA can provide notice to its unit owners.

It was clear in the survey that about 85% of the residents responding want to do something about a bulk cable contract for the next 5 years. Residents who completed the survey chose Spectrum over Frontier 77% to 23%, but the Board will not be able to decide on the final outcome of which company will be selected until contract negotiations are complete.

If you have additional questions, please let me know.

Thank you,
Kim Fuller
President

Good Morning Residents;

The Bulk Cable survey is complete. We had over 1700 responses which is a terrific help for the Board to understand what everyone wants going forward. I want to remind everyone that the survey is not an official ballot vote but is only a way for the Board to understand and gather information. The Board will be discussing on Monday 8/26 how to proceed. If the Board presents an official ballot vote it will come by regular mail in the future.

The Board is discussing the fine points of the contracts from both Spectrum and Frontier at this time to determine if such a contract for the residents will be possible.

It is clear in the survey that about 85% of the residents want to do something about a bulk cable contract for the next 5 years. There were 79 duplicate surveys where people filled out more than one survey for the same address. All those surveys were deleted from the final list.

Another piece of information we learned from the survey was that 70% of the residents live here full time.

☞ Click Here for the Survey Results

Thank you,
Kim Fuller
President

Good Morning Residents:

As you all know, the Board has been investigating the possibility of a Bulk Cable Contract. This is a negotiation with the Cable/Internet Companies to provide Internet and/or TV services for a period of 5 years and to reduce the amount of money our residents are paying for internet and TV services. The Board appointed a committee to investigate and gather information for the residents to review, and now it is time to survey all of you to find out how you want to proceed.

This information was discussed at the last Town Hall meetings on 8/1 and 8/2. The Presentation, the video, and documents to answer questions about the different Cable plans are on the website at www.scshca.com/bulkcable.

The goal for the Board is to gather as much information as possible so the Board can make a responsible and informed decision on how to proceed. Consequently, there will be a survey on the website beginning tomorrow, Tuesday 8/6/19 for residents to fill out. You may only fill out one survey per household.

This Survey will be based on the following Summary of Options of the two plans being offered the HOA. One plan is from Spectrum, Option A, and one plan is from Frontier, Option B:

Option A

A five-year contract with Spectrum providing High Speed Internet and Cable TV:

• Internet Speed 100/10 Mbps with Wireless router
• 2 DVR Receivers with DVR Service
• 200+ Platinum Channel Lineup
• Includes HBO & Showtime, all PAC-12, NFL Red Zone, Dodgers, Tennis and Golf
• Marketing fee of $1.035 Million will be paid to the HOA

Cost: $43-49 per month with a 3% max increase per year after two years ($47-54 possible at year 5).

Please refer to the Town Hall presentation for more details on this pricing.

Option B

A five-year contract with Frontier providing High Speed Internet only (Cable TV is not included with this option):

• Internet Speed 500/500 Mbps with Wireless router
• Marketing fee: Original offer was $1.380 Million with $18 per month. Negotiations led to reducing Marketing fee paid to the HOA to 0 and reducing monthly fee to $12 per month.

Cost $12-13 per month with a 5% max increase per year ($15-16 possible at year 5)

Note: Frontier is offering optional cable TV plans at prices below what they currently charge to individual subscribers which can be individually chosen by those wishing to use such plans and which will be billed directly to the homeowner. Please refer to the Town Hall presentation for more details on this pricing.

We will be announcing the survey through the E-Blast system to find out your thoughts on having such a Cable contract. This survey will be available on the website, so anyone can log into the Website and fill out the survey once released. You will be required to list your name and address. This is because you may only fill out one survey per household. If you fill out more than one survey per household they will be deleted, so please only fill out one per household. This should provide accurate results, and if there is ballot vote, it also only allows for one vote per household so one survey per household will be consistent with that process.

We are asking that all surveys be completed by 8/20/19, so that we can review the information and continue the process in a timely fashion.

Let me know if you have any questions.

Thank you,
Kim Fuller
President

Regarding the Bulk Cable Contract Survey, it became clear in yesterday’s Town Hall meetings that it would be possible for people to fill out more than one survey and that could possibly throw off results. This was not the intent of the process. It was originally intended that each person would be allowed to vote, but that process will not work effectively, so we are going to change the process slightly.  Given this information, we will modify the survey so that your name and address will be required. This will mean that only one survey will be allowed for each house address. This should provide more accurate results, and since a ballot vote would only allow for one vote per house it will be consistent with that process. We are still planning on releasing the survey next Tuesday 8/6. Let me know if you have any questions.

Thank you,
Kim Fuller
President

We are having more Town Hall meetings this Thursday and Friday 8/1 and 8/2. Although we will be explaining the details in these meetings, I thought I would let you know that there will be two different plans presented at the meetings. There will be one plan from Spectrum and one plan from Frontier. The Spectrum plan will include both internet and TV services while the Frontier plan will only include internet services. Basic cost of the two different plans are as follows:

Spectrum Plan: Internet and TV

Frontier Plan: Internet Only

I thought I would pass along this preliminary information for you in advance of the Town Hall meetings. Details about both plans and the process going forward will be presented at the Town Hall meetings. Hopefully we will see you all at one of the meetings.

Thank you,
Kim Fuller
President

Good Morning Residents:

As you all know, The Board has been investigating the pros and cons of a Bulk Cable Contract. This is a negotiation with the Cable/Internet Companies to provide Internet and TV services for a period of 5 years and to reduce the amount our residents are paying for internet and TV services. The Board appointed a committee to investigate and gather information for the Board’s review, and they have been meeting to review more information that has been provided to the HOA.

This information has been given to the Board and the Board will hold more Town Hall meetings to explain the latest information, listen to comments, and answer questions. There will be four Town Hall Meetings:

1. Thursday, August 1 at 9:00 am
2. Thursday, August 1 at 2:00 pm
3. Friday, August 2 at 1:00 pm
4. Friday, August 2 at 5:30 pm

All the meetings will be in the Main Ballroom in the Montecito Clubhouse. There will be a presentation about new information on the bulk cable contracts and how it would be implemented if the Board decides to move forward. There will also be time for anyone to make comments and ask questions. Please try and attend one of the meetings so the Board can hear your questions and comments.

The Town Hall meetings will be Videotaped and will be posted on the Website, so please take some time to view those meetings. The goal for the Board is to gather as much information as possible so the Board can make a responsible and informed decision on how to proceed. To this end we will need everyone’s comments, both pro and con to have a complete picture of the situation and how it affects the HOA.

To this end we will be sending out a survey through the E-Blast system to find out your thoughts on having such a Cable contract. This survey will be available on the website, so anyone can log into the Website and fill out the survey once released.

At this time there are two plans being evaluated, one from Spectrum and one from Frontier. Details of each plan will be explained at the Town Hall meetings. The Committee is still meeting and evaluating the information we have currently received, and we expect more details about each plan over the next two weeks.

Let me know if you have any questions.

Thank you,
Kim Fuller
President

Good morning residents,

I hope everyone had a great July 4th Holiday. The event at the Montecito was sold out with over 300 residents attending. Thank you staff for a great time and we all look forward to next year.

In the July issue of the View magazine, I wrote an article about the Bulk Cable contract the Board is investigating. The Deadline for the articles is one month in advance, and as a result I printed some information that is now incorrect because that information changed since I wrote the article and submitted it for printing.

The change in information is regarding the question, ‘do the residents vote for a 5-year Bulk Cable Contract or does the Board vote for such a contract?’ I printed that the Board would vote to decide this question because By-law, Section 9.2.2 (a) (v), allows for a 5-year contract with a cable company as an exception for a Board vote. At that time, we believed the Board had the authority to vote for a 5-year Bulk Cable contract. But after further review, the Board questioned this interpretation so at the meeting on June 24th the Board discussed the interpretation and meaning of the By-law in question.

At the Board meeting on June 24th the Board decided that By-law, Section 9.2.2 (a) (v), did not apply to residents, but did apply to the Common Areas such as Clubhouses, Pro Shops, Restaurant, etc. Since this 5-year Bulk Cable contract would be for residents, it will be necessary for the residents to vote and give approval to the Board to go into a 5-year Bulk Cable contract for the residents.

So, if and when it is decided by the Board to offer a 5-year Bulk Cable contract to the residents, it will be the residents that will need to approve such an action to go forward by having a formal ballot mailed out for a vote of the residents.

Hopefully this will explain why the article in this month’s View magazine is inaccurate about who votes for a 5-year Bulk Cable contract.

If you have questions, please let me know. Enjoy the holiday weekend and see you soon.

Thank you,
Kim Fuller
President

Good Morning Residents:

As you know the Board has been investigating the possibility of a Bulk Cable contract for the HOA. The Board has received many comments to help in the decisions of how we move forward.

In my previous message to you I stated this would be a vote of the Board, because in reading the By-laws this was a Board decision granted by an exception in the By-laws. One resident raised a question about that interpretation and in so doing changed my mind on the Board’s authority to approve a 5-year Cable contract without member (homeowner) approval. This meant the Board would need to meet and decide the interpretation of the By-laws. Does the Board have the authority to vote on a 5-year Cable contract or do the members need to approve such a contract?

The Board met on June 24, 2019 in Executive session to decide this question. The Board decided in that meeting that By-Law Section 9.2.2 (a) does not apply to Association Members. The exception in that By-law only applies to a 5-year contract for the Common Areas or the Association, but not for the residents that live here. This means the Board can vote for a 5-year contract for cable services for the clubhouses, the HOA offices, Shadows Restaurant, etc., but not for residents.

As a result of this interpretation of the By-laws, the Board voted unanimously that there will need to be a vote of the homeowners to approve a 5-year Bulk Cable Contract if the Board decides to proceed.

The Board will now continue negotiating with the Cable companies, and after that is done, we will have a survey to determine what the residents would like to go forward. Once that information is compiled and complete, the Board will then decide on what plan will be put forward to the homeowners for an official vote by a ballot measure.

Thank you,
Kim Fuller
President