During the month of February 2021, the FAC and FAC Subcommittee continued its work with the Board as well as with DRM and Troon management on behalf of the Association including:
Review and recommend Board approval of the unaudited January 2021 Association financial statements including the:
financial statements and supplementary schedules prepared by DRM/Associa, Troon, and the Controller.
combining and combined financial statements included in the Treasurer’s report prepared by the Controller.
summary financial information on financial position and results of operations included in the General Manager’s report to the Board.
condensed Association financial information to be published in The View magazine.
Review of the year-to-date variance analysis prepared by the Controller on the:
2021 Operating Fund revenues and expenses.
2021 Replacement Fund expenses for the purchase and replacement of common area real property components and inter-fund transfers to the Operating Fund for the purchase and replacement of common area personal property and equipment components.
Review and recommend Board approval of the January 2021 bank statements, bank reconciliations, and investment account statements.
Review and recommend Board approval of a written agreement to engage a firm to provide non-judicial foreclosure services approved by Board on January 25, 2021.
Board approved proposed revisions to the following items on January 25, 2021:
FAC Charter and Mission – FAC BAF 2021 # 1.
FAC Subcommittee Charter and Mission – FAC BAF 2021 #2.
Association Procurement Policy – FAC BAF 2021 #3.
Special meeting of FAC held on February 3, 2021, via audio and video conference call.
Regular meeting of FAC held on February 19, 2021, via audio and video conference call.
For the Board meeting on February 22, 2021:
Preparation of the FAC monthly written report to the Board.
Review of the General Manager’s monthly written report to the Board.
Work in Process
Review and recommendation to the Board on the:
2020 audited financial statements.
2020 Federal and California tax returns.
Upcoming Work
Insurance renewal in April 2021.
FAC Members
FAC has seven members, and we have Board approval for a total of nine members. So, we have two openings, and we would love to hear from you. We are looking for owners who have a background including accounting and financial reporting and an interest in serving on the FAC or on the FAC Subcommittee. Please contact the author if you would like to discuss completing an Advisory Committee Interest Form.
Further information
Additional FAC Members: Larry Anderson, Bob Giovannettone, Bob Jester, Jerry Cavoretto, Mike Whelan, and Bruce Marley. FAC Subcommittee Members on the Replacement Fund and Reserve Study: Chris Stevens, Don Salvatore, Bruce Marley, and Bill Wethe, Chair.
The annual meeting for the HOA will be on April 6, 2021. The Board election, along with one CC&R change and one Bylaw change, will also be on the ballot. All ballots must be in before April 6. Please fill out your ballot and send it in right away. All ballots have been mailed, and you should have received yours by now. If your ballot has not arrived, please contact the HOA office for a replacement.
The CC&R change that will be on the ballot is in response to a new State law, California AB3182, that went into effect on January 1, 2021. Last month I described this new law, which changes the minimum rental period to less than 90 days. Our CC&Rs currently state that the minimum rental period is 90 days. Our HOA is required to follow the new State law even though the CC&Rs say something different, so effective January 1, 2021, our HOA must allow rentals for 31 days or more, not 90.
The new law requires us to change our CC&Rs to conform to the new State provisions. Hopefully, we can get enough ballots in favor of the change but, even if we do not, we will still be required to enforce the new law no matter what our CC&Rs state. Unfortunately, we are not allowed simply to change the wording in our CC&Rs; our residents must vote in the change.
To amend a CC&R or a Bylaw, we need 51% of all homes to vote in favor, which is 1,760 homes. If we do not get 1,760 affirmative votes, we will have to leave the language in our CC&Rs the same, even though it will not apply and will conflict with the new State law.
When your ballot arrives, be sure to vote for this provision so we can align our CC&Rs with the new State law. If we don’t pass this in April, we may need to hold a special election in the fall at a cost of $10,000 to try again.
The other provision the Board will present is to change Bylaw Section 4.6.4, Balloting Time Requirements. Our current provision limits the time we can request ballots to 90 days. We are proposing to remove the 90-day limit so the HOA can still request ballots from those who have not voted after 90 days. The goal is to encourage more residents to participate and vote by giving the HOA more time to collect ballots. This change does not affect how many affirmative votes it takes to change the CC&Rs or Bylaws. It will still take 51% of all residents to make any change. This just allows the HOA additional time to collect more ballots.
It has been difficult in the past to change a CC&R or a Bylaw because of this 90-day time limit. In one case, 88% of the residents voted in favor of a change. But we ran out of time to collect ballots, so we did not reach the needed 1,760 affirmative votes. Changing this Bylaw will allow the HOA to contact residents who have not yet voted and ask them to submit their ballots. Our HOA attorneys tell us that we are the only HOA they serve that has this 90-day limit on collecting ballots. Your vote in favor of this action will not only save our HOA in election costs but will also help us to move forward with needed, and sometimes required, amendments to our governing documents.
There are four candidates running for two positions on the Board this April. Linda Aasen and Kim Fuller are running for re-election, while two new candidates – John MacDonnell and Moira MacLeod Foster – are also running. Please be sure to get your ballots in as soon as possible.
We are slowly beginning the process of reopening all activities in our community. As soon as the State and County revise their guidelines, the Board will contact you about those changes. It has been a most difficult time for everyone, and hopefully we can all remain focused on helping each other to remain safe and healthy as we slowly return to normal.
Better days are coming, and I look forward to those special days again knowing “it doesn’t get any better than this.”
In this episode, President Kim Fuller is back to give us an update on waivers, and to explain the bylaw changes that appear on your HOA election ballot.
Fly the United States Flag at Half-Staff Immediately Until Sunset on Friday, February 26, 2021 Remembering the 500,000 Americans Lost to COVID-19
A Proclamation on Remembering the 500,000 Americans Lost to COVID-19
February 22, 2021 • Presidential Actions
As of this week during the dark winter of the COVID-19 pandemic, more than 500,000 Americans have now died from the virus. That is more Americans who have died in a single year of this pandemic than in World War I, World War II, and the Vietnam War combined. On this solemn occasion, we reflect on their loss and on their loved ones left behind. We, as a Nation, must remember them so we can begin to heal, to unite, and find purpose as one Nation to defeat this pandemic.
In their memory, the First Lady and I will be joined by the Vice President and the Second Gentleman for a moment of silence at the White House this evening. I ask all Americans to join us as we remember the more than 500,000 of our fellow Americans lost to COVID-19 and to observe a moment of silence at sunset. I also hereby order, by the authority vested in me by the Constitution and laws of the United States, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset February 26, 2021. I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.
The Board has received questions about the new waiver being distributed by the HOA to all Clubs and Groups. Why is it being done now? In the hope that the State will start to allow the opening of indoor facilities soon, we need the waivers in place for residents to use the Clubhouses. With COVID, the HOA needs to protect itself from COVID claims and the new waiver has such protections. Since there is no insurance for a COVID claim, and residents could be personally liable for any such claim, the HOA needs new waivers in place before residents may use the Clubhouses so that all residents are protected against any such claim. So, before residents can use the Clubhouses, we need these new waivers signed to protect everyone.
We have received questions as to why we need to have waivers at all. Not all residents sign a waiver. It is true not all residents will sign a waiver. There is no legal requirement for a resident to sign a waiver just to live here. A person may live here, and if they do not use Common facilities like the pool, gym, tennis courts, etc. they would never be required to sign a waiver, nor can we make them sign a waiver. Governing documents allow residents to live here and use the streets without signing any waivers.
Simply put waivers put in writing that residents and guests are responsible for their own actions and so they may not file a legal claim for damages. Without such waivers the HOA would be responsible for every accident and claim against the HOA. This would lead to increased claims, increased costs to insurance companies and eventually our rates would increase, or possible insurance companies would not insure us because the risk is too great.
Insurance is for the unexpected and not for the controllable daily acts. Insurance companies do not like businesses that are not proactive in controlling events to help reduce frivolous claims. This not only means taking actions to always ensure safety, but it also includes waivers to explain to residents in legal terms they are responsible for their own actions and so they will not sue the HOA just because an accident occurred on HOA property.
The HOA requires a waiver from those residents and guests that want to use Common Area Facilities like the tennis court, Clubhouse, golf, pool, gym, etc. The HOA has a right to ask for a signed waiver to protect itself from residents using the Common Property. One viewpoint is that all residents and guests using Common Property should sign a waiver. Another viewpoint is that only sport related activities need a waiver, and some residents prefer waivers to be eliminated. The HOA has required a waiver for activities since the beginning of the development. A card player for example, may fall on their own accord in the hallway, break a hip, and then want damages from the HOA simply because their fall occurred on the HOA property. The HOA does not agree that all residents should be able to file a claim and be paid for damages when the accident is the responsibility of the resident.
We are permitted to get waivers from all residents and guests that participate in Club activities, this has been done for years. We get waivers on all residents and guests using the Clubhouse gyms, pools, etc. where we have a main point to check in. We have not gotten a waiver from a resident that happens to buy a ticket for a concert for example, and we don’t have residents sign a waiver to attend that concert. It is correct that we do not have waivers on everyone for every activity. We do the best we can to get waivers but given our circumstances and the different activities we cannot always get waivers for every person for every activity. But that does not mean we should stop getting waivers entirely.
The Board is now, because of a resident request, looking at ways to get more waivers on residents and guests that attend any function, but it is difficult to make that happen. The Board is not looking at removing the waiver requirement that has been in place for years. If residents voted to remove the waiver requirement entirely, knowing all such claims would be paid by the HOA, and possibly each resident personally, and knowing our insurance rates would increase dramatically, that could be a point of discussion if most residents wanted to follow that path.
The Board currently believes that just because some people don’t sign a waiver does not mean we should not get waivers on everyone we can in order to protect the HOA from frivolous lawsuits and claims. I have personally been in court representing the HOA against claims that were the responsibility of the resident, but the resident was seeking damages just because the accident occurred on HOA property. Fortunately, because of waivers and other printed material the judge found in favor of the HOA. The Board believes waivers are in the best interest of the residents of the HOA to protect them legally and financially. Our insurance rate went up $20,000 in one year just because the number of lawsuit threats by residents increased, even though no claims were filed, but just the threat of a claim increased the rate. When insurance rates increase, monthly dues are also increased, so it is in our best interest to do everything we can to keep insurance rates as low as possible.
Board will be looking at ways to require everyone to sign off on a wavier for all activities. But we do not believe it can be 100% foolproof and there will always be people not signing a waiver. Example: if we hold a free concert outside on the driving range, we will not be able to get waivers on every person unless we gate off the concert and make everyone sign a waiver as the enter the concert. We don’t feel that is efficient, so the HOA takes on more legal liability risk in that case. Some residents believe non-sport activities should not sign a waiver, the Board disagrees. But that discussion will take place on Monday to decide on a future course of action and if any changes to waiver requirements will be implemented.
Currently the Board believes the crafts club should sign a waiver, card players should sign a waiver, and anyone using Common Property should sign a waiver. Anyone can have an accident on the Common Property and the HOA Board feels we should protect ourselves from those residents that try to make money for their own irresponsible actions just because the HOA has deep pockets. Just because we can’t get a waiver on every resident for every activity does not mean we should stop getting waivers. We do the best we can, but we also do the best we can to protect the HOA from frivolous claims which will increase costs to each resident.
Some residents believe that all claims except for sports related claims should be paid by the HOA. We get many claims not related to sports and when the HOA is not responsible the Board believes the HOA should not have to pay for such a claim just because the accident occurred on Common Property. Some residents believe that because we have insurance that is enough, the Board disagrees and in the end such actions will lead to higher HOA fees, or possible not being insurable.
Companies that have too many claims will be denied insurance coverage by the best companies with the lowest rates. Too many claims lead to higher rates or no coverage at all. Many insurance companies will not insure unless waivers are in place and they will inspect and approve such waivers. This is the case in my own business. The best insurance rates come from companies that know waivers are in place to protect against the irresponsible and frivolous claims.
Questions have also come up about guests and residents’ responsibility for guests. You are responsible for your guests; it is listed in the Governing Documents and has been that way from the beginning. If your guest goes through a stop sign, we write the ticket to the homeowner and the homeowner must then get reimbursed from their own guest. We do not have jurisdiction over your guests. Many residents have requested that homeowners should not be responsible for their guests. Once again, then HOA fees could go up to all residents for the actions of guests. One guest drove through the closed gates and caused $4,000 damage. We believe the HOA should not have to pay for that damage, so the homeowner was billed for the damages and the homeowner needs to be reimbursed from their guest. We had one guest speeding. Three weeks later after getting a violation and fine, that same guest continued speeding. The homeowner was again cited for an additional $300. If we did not cite the Homeowner, the HOA would have little recourse in stopping such action by guests and the speeding would continue causing an unsafe condition.
COVID is still among us so please practice all safety measures. We have done extremely well in trying to control the spread of the virus given the actions taken by all the residents. We have confirmation on less than 30 cases in our community compared to 244 cases in SCPD.
As we have stated since last June, the HOA is not looking for violations of the State Order on private property, it is the responsibility of each resident to follow the State Order. The HOA cannot give permission for indoor gatherings on private property because it would violate the State Order.
Some have asked about gatherings among residents that have been vaccinated or opening the Clubhouse for use for those that have been vaccinated. Currently the State is granting no exception for vaccinated people, so we are not allowed to open the Clubhouses yet. Gatherings indoors for residents that have been vaccinated is also still not allowed per State Order. To protect all residents financially we must follow that State Order and hope it changes soon, but until then no gatherings are allowed indoors and outdoor gatherings are limited to 3 households.
We are currently experiencing technical difficulties with the HOA and Shadow Hills Golf Club phone systems. You may experience issues issues contacting us by telephone.
We are working on resolving this problem as quickly as possible and apologize for any inconvenience this may cause.
Indoor Pool: Currently the Indoor is still closed. State and County Orders are specific that Indoor pools must remain closed at this time.
Gym and other Indoor Activities: Currently indoor activities are closed except for the library. Some residents have asked about opening the gym for people that have been vaccinated. Currently the State and County Order does not allow for this exception. We are all waiting and hoping such guidelines will change soon. For now the Board has no choice but to keep these activities closed according to the State Orders.
Library: The library did open for use on February 1 from 9 am to 4 pm daily. Closed on Sunday. daily. It is limited to one person at a time or people from the same household. If someone is waiting time is limited to 15 minutes. This is for residents only so guests are not allowed. Reservations are not required to use the library. The library is a specific exception in the State Order and may open.
Election Rules: Candidates can email residents and the HOA is required by State Law to give Candidates an email list of all residents unless a resident opted out of such a list. If you do not want to receive such messages just tell the candidate to stop sending the messages.
COVID Questions and Information: I have been asked about why other activities may not open and how does the Board decide on what can open and when. What is the risk if we open activities anyway?
First part of the answer is the Board is trying to proceed carefully to protect the health and lives of all residents, while still opening activities safely.
The Board has an obligation and responsibility under the Governing Documents to follow the Law. The Board cannot arbitrarily disregard the Governing Documents of the HOA without facing potential liability issues. Therefore, the Board has stated we are trying to follow the State and County Orders while allowing as many activities to open as possible, in accordance with the applicable State and County orders. Gatherings of no more than 3 households are currently allowed outdoors. Currently the State and County Orders do not allow for gatherings or visitors indoors, this is all part of the State Order from last March. So, the outdoor 3 household rule is an exception in the State Order from last March. The Board has made clear each resident is to be responsible for following the State Order on their property. The Board has also made clear, since last June, that the HOA is not looking for violations of the State Order on private property.
Where the implementation gets a little tricky is the legal consequences if we do something different. The Board receives the question ‘if we are not looking for violations on private property why don’t we just say it is OK to have gatherings in a private home’? The answer is because the HOA may not implement something illegal without being in violation of its own Governing Documents. Therefore, we have said the homeowner is responsible for following the State Law. We might not be looking for violations but that does not mean we are giving permission for residents to violate the State Law. Some residents have written to me to get permission for a party in their home, the answer is currently no, and until the State changes the Order, gatherings in a home are not allowed. We will investigate any complaint of noise or disruption because those are current rules for the HOA and have nothing to do with the State Orders.
The legal liability is quite huge for implementing the State Order incorrectly. If the HOA gave permission for having a party indoors in violation of the State Order, and then someone got sick and/or died, the HOA could potentially be held responsible for that person getting sick or dying. Such a claim is not covered by our insurance policy because virus related claims are excluded from insurance policies. If the HOA gave permission for a party or gathering inside a home, and a claim was filed, the residents would be responsible personally for all attorney fees and damages. This could easily mean a special assessment where each homeowner would write a check personally for the claim. This is something the Board is protecting very carefully to ensure the residents are not financially responsible for such a claim. It is unknown how much a potential claim could be, but legal fees and damages could be hundreds of thousands of dollars.
So, as we begin the opening process the Board is carefully evaluating the HOA’s ability to follow the State and County Orders in reopening its facilities so that residents are not liable for any lawsuits resulting from the HOA not following State guidelines.
Crack Repair: The HOA Board has hired an independent civil engineering company to write the specifications and inspect the work that is being done for crack repairs. This work is part of a master plan by the engineering company to help ensure the asphalt is maintained correctly with the least long term cost.
Crack repair work is going on in phase 1 and 2. Residents have asked why they can still see the crack repair when it is done. These repairs will be visible when done unless we repaint the entire street and that is not scheduled to be done at this time. Painting of the street, called seal coating is not scheduled for another 1-3 years. We still want to do crack repairs now to protect the existing asphalt from premature failure because of water and/or blow sand getting into the crack. Asphalt is the most expensive item in the entire community, so the more we do to protect it from premature failure the less future costs we will have to pay.
Let me describe the work that is being done.
Phase I & II Crack Sealing – Project Report
The onsite engineering inspector is very pleased with the crack sealing IPS (the contractor) has completed. IPS is supposed to seal cracks ¼” or wider. Nothing is done to cracks smaller than 1/4 “. They have completed most of this work and actually a significant number of cracks less than 1/4” wide were also done. The reason we specify 1/4” or wider is that when a crack is less than 1/4” the crack seal material will not go into the crack very well due to the thickness and viscosity of the material. Crack seal material can and will settle in some of the wider cracks especially when they are closer to 1/2” wide or wider. Keep in mind the cracks are generally as deep as the pavement is thick. When sealing cracks that are closer to 1/2” wide the material will most likely settle. These cracks are sealed even though the material is not to the street surface. There are draw backs to making the contractor go back and apply more material in these circumstances. The result will be the material is likely to flow down the crack to the concrete gutter pan and pool on the concrete. Especially in the desert climate when temperatures are triple digits in the summer. The inspector does not recommend having the contractor do this. The crack does not have to have material to the level of the street to have been sealed correctly.
IPS was very diligent in their sealing process. They had two crews sealing cracks. Both crews consisted of two separate crack seal trucks working in tandem as they worked on a road. It is likely residents will find isolated cracks or portions of cracks at or near 1/4” wide that were not sealed. They do not measure every crack so some cracks just under at 1/4” might not be done. This is acceptable given the specifications.
The Contractor that is doing the parking lot, a different contractor, was watching the crack seal work being done and told us IPS is doing a great job and they even videoed the work for their own benefit.
We do not seal coat after this crack repair process unless seal coating is necessary and justified. You can apply too much seal coating which can cause a failure of the seal coating process. If you apply too much seal coating to the street, the seal coating will not bond to the asphalt and will cause cracking of the seal coat layers, eventually causing debonding. This cannot be repaired. If a street gets too much seal coating causing excessive hairline cracks looking like broken glass, all you can do is let it wear for as long as possible and then you need to put down new asphalt, awfully expensive. Some other HOA’s will seal coat too often because the street is no longer black, but grey, and many will think that it means they need more seal coating. This is not always true and needs to be inspected. One of the reasons the HOA has decided for an independent engineering report is so we do not rely on a contractor’s report which might be motivated by getting the work rather than what is best.
It is very possible the seal coating can look old and worn but it is still doing the job and should not be coated again until it is needed. Yes, streets will look grey but that does not mean we need to seal coat the streets. So, when we are done with the crack sealing work, we will not be seal coating the entire street which will mean all the crack sealing work will show.
Phase III Asphalt Cracks Report
Phase III streets are scheduled for crack seal and surface seal coat in 2024. After evaluating the cracks in Phase III there are intermittent cracks 1/4” wide and isolated cracks or portions of cracks near 1/2” wide. Most of the cracks are not wide enough for crack seal at this time. Based on the existing condition of the cracks in Phase III the engineer recommends waiting until January 2022 to perform crack sealing of select cracks that meet specifications. The current cracks in phase 3 are related to asphalt material shrinkage and thermal changes. They are not structural. Waiting so seal the larger cracks in phase 3 will not accelerate structural damage to the streets.
I wish you all a safe and healthy weekend and I will be back as soon as we have more information or if you have more questions, so let me know.
Frontier: We sent a message that all residents could call for appointments to install the Frontier internet, including the 205 homes that were never installed with the Fiber optic cable. As many residents found out when they called Frontier was not ready and they were turned down for appointments. Frontier announced they resolved that problem so all residents may now call. Let us know right away if this is not the case.
Annual Meeting: The Annual Meeting for the election of two open seats on the Board will be held on April 6, 2021. Ballots will be mailed on about February 12 to all homeowners. If you decide to mail in your ballot it is due by April 5 at noon. There will be a ballot box in each Clubhouse so you can drop off your ballot if you so desire.
On the day of the election April 6, 2021 the polls will open at 9 am in the Montecito Clubhouse. You may drop off your ballot at that time if you have not already mailed or dropped it off. Polls will close at 10 am and no more ballots will be accepted.
Spectators will not be allowed because of the COVID restrictions, so the meeting will be done virtually. At about 10 am we will recess the meeting while the Election company counts the ballots, and we estimate to reconvene the meeting at 2pm to announce the winners of the Board election and the outcome of the ballot measures.
The Campaign rules for Candidates and their representatives are as follows:
Signs may be placed in front of homes beginning March 7,2021. Signs may not be placed in the backyard of a home. I sign per candidate. Candidates have a choice of placing signs on Sun City Blvd or in front of homes, but they may not do both.
There is no campaigning on Common Property without HOA permission. This means candidates may not walk up to people on the street, playing Tennis, Pickleball, Bocce, Golf, etc. to campaign and/or to hand out flyers.
Candidates may hold meetings on Common Property with prior approval of the HOA.
Candidates may go door to door between the hours of 10 am and 5 pm provided masks are worn at all times. Social distancing is required. Candidates may not leave information unless the homeowner agrees. Candidates may not leave information when a resident is not home. Candidates are able to go door to door now. This began on January 26. If a resident places a ‘No Solicitation’ sign in the front yard Candidates are not allowed to go to the door of that house.
Candidates may not use the Mail tubes. These are for HOA use only.
Candidates may mail letters to residents and the HOA is required by State Law to give candidates an address mail list of all residents unless a resident opted out of such a list.
Candidates can email residents and the HOA is required by State Law to give Candidates an email list of all residents unless a resident opted out of such a list. If you don’t want to receive such messages you may request the Candidate to stop sending messages.
COVID Update: With the return to the Purple Tier in COVID guidelines, 3 households may meet together outdoors with restrictions. Masks are required if you cannot maintain 6’ social distancing. This can mean more than 6 people; the issue is households. If one household has one person, another household has three people, and the last household has four people living in the home, the gathering of eight people is allowed. No gatherings of any size or allowed indoors at any time. The 10 pm to 5 am curfew has been lifted.
As the vaccine is slowly distributed, please be careful and exercise caution, we still don’t want anyone sick if possible.
In this episode, President Kim Fuller is back to give us a quick Frontier installation update, explain the HOA election rules, and give us a quick coronavirus update.
COVID-19 has once again impacted our ability to present our concert “Sing, Sing, Sing” – The Big Band Beat. With no definite date set for us to perform, Community Singers will provide refunds to the original ticket purchaser for this concert.
Beginning Monday, February 8, 2021, place your purchased tickets in an envelope marked on the outside as “Community Singers Ticket Refund Request.” Including inside the envelope all tickets to be refunded and a contact sheet with your Full Name, Address, Email Address, and Phone Number, and deposit the sealed envelope at the Montecito Clubhouse Lifestyle desk in the box provided. Contents of the box will be collected every Wednesday. You will be contacted to arrange for you to pick up your refund check. We strongly suggest you save a photocopy of your purchased tickets.
Please be patient – with 400 tickets sold, it may take some time to receive your refund. Details of the process can also be found below. Should you choose to do so, you may choose to allow your purchase amount to be donated back to the Community Singers Club instead of receiving a refund.
We very much look forward to when we will be able to sing again with our Community Singers and for our faithful friends in our audiences.
Any questions please refer to our club treasurer, Jim Adamik (jadamik@verizon.net).
Frontier Update: All Homes are Open for Installation calls Tomorrow
For those last 205 homes that needed cable hook-up before calling for an install appointment, Frontier will be accepting phone calls for those 205 homes to place orders for installation starting tomorrow, January 30, by calling 844-660-0648. Do NOT call Frontier’s advertised number at 800-921-8101.
This means all homes can call for an appointment at any time. I have attached the information and instructions on making and appointment. The call center is open Monday to Saturday.
When installing your new internet service, Frontier can program the new wireless to your existing wireless password. If you want to keep you existing wireless password let the technician know so they will know to program the new wireless correctly. The advantage of keeping the same Username and Password is you will not have to reset any of your devices.
If you are having trouble with the system after it is installed, do NOT call the advertised Frontier number. You need to call the bulk cable division at 844-660-0648. If you call the regular retail number, you will not get correct service and tracking down the problem could take quite some time. You may also contact the HOA office for the onsite installation Manager for Frontier and they will be able to help you with any problems right away.
The good news is the install is going well so all residents can call in now. Everything is proceeding on schedule at this time and all residents that call for appointments should be hooked up by March 1. You can always wait and hook up anytime in the future at no charge if you happen to be away at this time.
Here are the highlights from yesterday’s podcast concerning the lifting of the Regional Stay at Home Order that was issued on 12/3/2020.
As a result of the new State Guidelines, the Board has implemented new guidelines for the opening of certain activities which is now allowed by the State and County.
As we move forward please be aware that the State’s Stay-at-Home Order from March is still in effect. There are exceptions to this order that we have incorporated into these guidelines. Please understand that the exceptions are not always consistent. Some activities are granted exceptions while others are not. For example, Restaurants can open outdoors but indoor activities are still closed.
Indoor gatherings are still prohibited for any size in any venue, so residents are not supposed to have visitors in their home. The only gatherings allowed indoors are for people that live in the same household.
Gatherings: With the lifting of the Regional Stay at Home Order, new gathering rules are in place for outdoor use. Gatherings of up to 3 households are now allowed outdoors. This means residents and/or visitors from outside the HOA may visit your home provided everyone remains outdoors. Social distancing and masks are still required if you can’t maintain at least 6’ apart.
Curfew: The Curfew of 10 pm to 5 am is no longer in effect.
Guest on Streets: The Board voted to allow guests to use the streets and North Channel area. Residents may now walk with children, grandchildren, or friends on the streets and/or North Channel area. Visitors may bike on the streets and ride in golf carts but age restrictions on who can drive a golf cart still apply. Keep in mind the use of skateboards and scooters (or motorized skateboards and scooters) is strictly prohibited within SCSHCA streets, parking lots and common areas.
Putting Course: Guests are now allowed to use the Putting Course behind the Montecito Clubhouse. Reservations are not required for the Putting Course.
Library: The library will open for use on February 1 from 9 am to 4 pm daily, closed on Sunday. It is limited to one person at a time or people from the same household. If someone is waiting time is limited to 15 minutes. This is for residents only so guests are not allowed. Reservations are not required to use the library.
Courts and Pools: Tennis, Pickleball, Golf, Pools, and Bocce have no changes. Outside play or visitors are allowed for golf, but visitors are not allowed for Tennis, Pickleball, Pools, or Bocce. Reservations are required to use any of these activities.
Dog Parks: There are no changes for the Dog Parks.
South Side Driving Range: The South Side of the driving range is still closed.
Clubhouses and indoor activities are still prohibited.
Shadows Re-opening for outdoor dining:
Takeout and Delivery will continue. Hours for outdoor dining: 10 AM-7 PM Every day.
Guidelines:
4 people per table maximum.
No guests.
No changing of tables even if a seat is available at another table.
Reservations with the number of people may not change when you arrive at the restaurant.
Advance Reservations Required: Residents only and residents must show their Resident ID cards upon entry.
No Public Access.
Temperatures will be checked upon entry and if temp exceeds 100.0 you may not enter.
Masks required upon entering building.
Masks required to walk to table.
You may take your mask off once seated.
You need a mask when leaving the table for any reason, including going to the restroom.
Capacity: 6 tables outdoors based on distancing.
Limited Menu-Not the same as before.
Guests: The Stay at Home Order is still in effect. The State Order is still in effect about ‘Stay-at-Home’ and no gatherings indoors. Residents are responsible to follow the State Order. The HOA will not be looking for violations of the State Order on private property. The HOA will investigate any complaint of noise or conduct on private property. The HOA will enforce no guests in all areas of Tennis, Pickleball, Bocce, Basketball, Library, and the Pools.
Masks: Remember that masks are still required at all times if 6’ social distancing cannot be maintained.
The Board wishes you a safe and healthy weekend as we slowly move to reopen activities here at Sun City Shadow Hills.
The library in the Montecito Clubhouse will be reopening on Monday, February 1, 2021, at 9:00 am
Library Rules:
Only one person at a time. Lifestyle staff will monitor. If there are other residents waiting to enter the library, the person in the library will be limited to 15-minutes to select a book.
Residents/volunteers/staff must wear approved face covering while inside the building/library.
Returned books are to be placed in the drop-box. Staff will sanitize the books when received.
Book donations will not be accepted until further notice.
Much is happening in the next couple of months with the Board election, CC&R changes, and the completion of the Frontier install. The annual meeting for the HOA will be on April 6, 2021. The Board election along with two CC&R changes will be on the ballot, so all ballots must be in before that date. Please fill out and send in your ballot right away – it should arrive at your home in late February.
One of the CC&R changes relates to a new State law, California AB3182, that went into effect on January 1, 2021. Last month I described this new law which changes the minimum rental period to 31 days, from 90 days as stated in our CC&Rs. The HOA will not allow rentals for 30 days or less. Our HOA is required to follow the new State law even though our CC&Rs state something different. So, effective January 1, 2021, our HOA will not allow rentals for 30 days or less.
The new law requires us to change our CC&Rs to conform to the new State law, and an amendment will be on this year’s election ballot. Hopefully, we can get enough votes in favor of the change but, even if we do not, we will be required by law to enforce the new law no matter what our CC&Rs state. Unfortunately, we cannot simply revise the wording in our CC&Rs; residents must vote for the change in order to amend our CC&R document.
To change a CC&R provision, we need 51% of all homes to vote in favor of the change. This means we will need 1,760 affirmative votes to make it happen. If we do not get enough positive votes, we will have to leave the language in our CC&Rs the same – even though it will not apply and it will be different from the new State law.
When you receive your ballot, be sure to vote for this provision so we can hopefully align our CC&Rs with the State law. If we don’t pass this in April, we will have to hold a special election in the fall at a cost of $10,000 to try again.
The other provision the Board will present is a change to Bylaw Section 4.6.4, Balloting Time Requirements. This provision limits the time we can request ballots to 90 days. The proposed change will remove the 90-day limit so the HOA can still request ballots from those who have not voted after 90 days. The goal of this change is to have more residents participate and vote by giving the HOA more time to collect ballots. This change does not affect how many affirmative votes it takes to change the CC&Rs or Bylaws. It will still take 51% of all residents to make any change; this just allows more time to collect more ballots and increase participation.
There are four people running for the Board this April. Kim Fuller and Linda Aasen are running for re-election, while two new people are also running for the Board, John MacDonnell and Moira MacLeod-Foster. The Board election, along with the CC&R and Bylaw changes, will be on the ballot for the April annual meeting. Be sure to get your ballot’s in as soon as possible.
Phase 1 installs of the Frontier internet will have commenced by the time you get this article. We estimate all installs will be completed by March 1 for those that have requested service. If you have any questions, please let us know. There is an onsite supervisor here six days a week to help resolve any problems that might arise.
In January, I gave you the information about the new monthly dues rate for 2021 but, because there was one amount for January and a different amount for February through December, I thought it best to review your dues for the rest of the year.
The total monthly assessment per homeowner unit is $306 for February through December, which includes $12 per month for Frontier internet. The Board voted to issue each homeowner unit a one-time credit of $144, which was issued in January.
It has definitely been a most difficult time. Hopefully we can remain focused on helping each other to remain safe and healthy. Better days are coming, and I look forward to those special days again knowing, “It doesn’t get any better than this.”
