Fly the United States Flag at Half-Staff Immediately Until Sunset on Tuesday, April 6, 2021 Honoring United States Capitol Police Officers
A Proclamation on Honoring United States Capitol Police Officers
April 02, 2021
As a sign of respect for the service and sacrifice of the victims of the attack at the United States Capitol on Friday, April 2, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon 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, April 6, 2021. I also direct that the flag shall be flown at half-staff for the same length of time 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 second day of April, 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.
Here are the frequently asked questions about the waiver and processing of the waiver. There has been some confusion from residents regarding the Clubs and Groups distributing waivers. We want to clarify the distribution of the waiver and who is going to process the collection of the waivers. We have changed this process after talking with some of the Clubs and Groups. It just did not seem efficient to have the Clubs and Groups process the waivers, so we are changing the process so the HOA will create a master list of everyone that signs a waiver so that residents don’t have to fill out more than one waiver.
We have also received some additional questions about the waiver. I will attempt to answer the most frequently asked questions, but if you have further questions please let us know.
Did I sign a waiver when I signed up on the reservation system? For those of you that have signed up on the Mind/Body Program to make reservations to use facilities like tennis, pickleball, bocce, pools, gym, etc., you have already signed a waiver. When you created an account on the reservation system, you signed a waiver as part of that process.
Since I have already signed a waiver by creating an account on the reservation system, do I still need to sign a new waiver? No. You do not need to sign a new waiver, but we recommend you do because the old waiver on the reservation system has more limitations for residents. By signing a new waiver, you gain more protections. So, signing a new waiver helps you, but you don’t have to sign a new one if you don’t want to and you may use all Common Area facilities.
What if I signed a waiver with my Club or Group before Covid, do I still need to sign a new waiver? Yes. The old waivers that Clubs and Groups distributed before Covid (before March of 2020), are no longer valid and will not work. You are required to fill out a new waiver before using Common Area facilities. The old waiver used before Covid has no provisions about Covid, so it no longer applies and is invalid.
Why are we asking for you to sign this waiver? The Board is trying to prevent the Association from being sued for frivolous claims. We want to protect all the assets of the HOA, which protects all residents, which in turns help to maintain property values. One affects the other. Waivers explain a person is responsible for their own actions and that there are risks to any activity. Each person must be responsible for those risks.
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 when they are responsible for their own injuries. Without such waivers the HOA could be responsible for every accident and claim against the HOA even if the HOA was not responsible. This would lead to increased claims, increased costs to insurance companies and eventually our insurance rates would increase, or possibly insurance companies would not insure us because the risk is too great.
In the case of Covid, there is no insurance coverage for such a claim, so without a waiver each resident could possibly be subject to a special assessment if the claim for monetary damages against the HOA was significant.
How likely is this to happen? No one knows what amount of risk there is for a Covid claim at this time. All the insurance companies and attorneys can say is to describe our legal liability and explain the exposure if such a claim were filed. For such a claim we would have to pay for all defense costs and damages.
Why did we rewrite the waiver? After sending out the previous version last May, we received some legitimate concerns and comments about the existing waiver. After Board discussion and review, a new waiver was created taking into account all the comments and concerns.
How is this new version different from the previous one? There are three significant differences between the old waiver and the new waiver:
The previous version did not allow a resident to file a claim against the HOA even if the HOA was at fault. This has been changed so a resident may file a claim against the HOA if the HOA is at fault.
The previous version did not protect the Clubs, Groups, and their officers from a claim. The new version protects the Clubs, Groups, and volunteers so the HOA will protect them for such claims.
The previous version made residents responsible for all actions of their guests including paying all damages and court costs for the HOA even if the HOA was responsible. New waiver states if the guest signs a waiver the homeowner will not be responsible for the liability claims against the HOA by their guests.
Why are we asking for this now? SCSH has had a waiver in place for certain activities since 2005. We are as eager as everyone else in our community to open our facilities and get back to “normal”. We anticipate that Riverside County will move to the Orange Tier in the next week or two (finger crossed!) and we can open indoor facilities to at least 25% capacity. That means that Clubs and Groups can meet in the clubhouses, and we all can once again enjoy our beautiful facilities. We need to have the waivers signed by each resident so you may use the Clubhouses once we open.
Did the Board implement emergency rules to get waivers now? Yes. To put this in place right away so we can open facilities once the State gives us permission, the Board implemented two emergency rules. This is allowed under State Law. The two new rules are:
Informed Consent – Release and Waiver: All Residents and Guests eighteen (18) years of age or older (and the parent(s) and/or legal guardian(s) of Guests under eighteen (18) years of age) are required to sign an Informed Consent, Release and Waiver before using the common area facilities; the Association’s, Chartered Club’s, and Resident Group’s equipment; or participating in an Association sponsored activity.
The HOA may implement the new waiver approved by the Board.
When must the waivers be signed? All residents and guests are now required to sign a waiver before using Common area facilities. By implementing this now the HOA can process the waivers of all residents so that each person will then be able to access the Clubhouses once we open. Hopefully, that will be within a couple of weeks.
May the HOA deny access to our facilities if residents have not signed a waiver? Yes. According to CC&R’s and By-laws, residents do not have an unrestricted right to use Common Area facilities. The Board may put into place rules for access. CC&R’s and By-laws also allow for suspension of Common Area privileges if the rules are not followed.
How are you going to get every resident to sign a waiver? We understand that we might not get a waiver on every resident for every part of the Common Area property. But that does not mean we should not have waivers on as many residents as possible to best protect the assets of the HOA. No system is perfect, this we understand, and people will get through the cracks, but the Board believes the most responsible approach is to get as many waivers as possible before residents begin using the facilities again as we open.
We will ask all new residents to sign a waiver when they process through the HOA office to get their transponders and/or at New Member Orientation.
Club and Group members will be asked to sign a waiver through their clubs.
We will not reach everyone as we have many residents that do not use any of our facilities.
Do I have to sign a waiver for every club where I am a member? No. The good news is in the new process there will be one centralized database that tracks who has signed and who has not signed a waiver. No need to sign one for every club every year. Once you sign one waiver you are “good to go” for the future.
On March 29, 2021, the Board implemented an emergency rule which requires all residents and guests to sign a waiver prior to using common area facilities. Please sign and return the waiver to the HOA office, Lifestyle desk, or via email to waivers@scshca.com.
Please note:
If you belong to a Chartered Club, you may receive a similar request. Only one waiver is required. Please return the waiver as outlined above and not to the Club.
If you use MindBody for fitness, pool, or court reservations, you will be required to acknowledge the same waiver in order to continue to make reservations.
Please be patient as this is a work in progress as we prepare for Orange Tier, per the County.
The library in the Montecito Clubhouse will now be open on Sundays. The hours of operation are:
7 Days a Week: 9:00 am – 4:00 pm
The library is limited to four people at a time. 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.
As we begin the opening process, the Board has been busy working on the best ways for us to meet the new opening guidelines. Because our insurance does not cover Covid-19 Claims, we first addressed the waiver issue.
Waivers:
As I explained in the past, the Board may require a waiver to use Common area facilities. Current rules only allow for waivers if using the fitness center or outdoor activities, but we need a waiver for all activities, so we need to implement emergency rules in order to make this happen. The Board’s concern as we open indoor activities for all the Clubs and Groups, is that we need waivers for everyone because we have no insurance against a Covid Claim. To protect the HOA against such a claim the Board has revised the waiver to include protection against such a Covid claim.
There was concern about the past waiver for these basic reasons:
What if the HOA was responsible for the damages or injury? The past waiver gave no exception for this. The new waiver has language to remove this concern.
There was no language in the old waiver to protect all Clubs and Groups of the HOA. The new waiver now has protection for all Clubs and Groups of the HOA.
Responsibility for liability of guests by homeowner. Old waiver required homeowner to defend the HOA against lawsuits and to pay all court damages of their guests claims against the HOA. New waiver states if the guest signs a waiver the homeowner will not be responsible for the liability claims against the HOA for their guests.
Please keep in mind that according to the CC&R’s and By-laws homeowners are responsible for any property damage done by a guest. Homeowners are also responsible for any traffic violations committed by a guest. The waiver has nothing to do with these existing rules that are currently in place.
Why a waiver? 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 so they will not sue the HOA just because an accident occurred on HOA property.
The Board is trying to prevent the Association from being sued for frivolous claims. We want to protect all the assets of the HOA, which protects all residents, including their property values. Waivers help to ensure people understand they are responsible for their own actions and that there are risks to any activity. Each person must be responsible for those risks. Given we have no insurance against a Covid claim, it is imperative that we have signed waivers before a person uses the facilities so that we protect all the assets of the HOA. Residents need to take responsibility for any actions that occur because of Covid, only in this way can we protect the HOA from claims which could lead to a special assessment of every resident.
To put this in place right away so we can open facilities once the State gives us permission, the Board implemented two emergency rules:
Informed Consent – Release and Waiver: All Residents and Guests eighteen (18) years of age or older (and the parent(s) and/or legal guardian(s) of Guests under eighteen (18) years of age) are required to sign an Informed Consent, Release and Waiver before using the common area facilities; the Association’s, Chartered Club’s, and Resident Group’s equipment; or participating in an Association sponsored activity.
The HOA may implement the new waiver approved by the Board.
All residents and guests are now required to sign a waiver before using Common area facilities. By implementing this now the HOA can process the waivers of all residents so that each person will then be able to access the Clubhouses once we open. Hopefully, that will be within a couple of weeks.
Staff will be sending out the new waivers by tomorrow to each Club and Group. Please sign and get them back as soon as possible so that you are then able to participate in any activity as we open the facilities. The Board also recommends that if you have already signed the old waiver, you should sign the new waiver because the new waiver gives each resident more protection.
Opening Guidelines:
As a result of the new State Guidelines, the Board has implemented new guidelines for the opening of certain activities which are now allowed by the State and County.
Please understand that the exceptions are not always consistent. Some activities are open while others are not, for example, the gym may open indoors but the indoor pool is closed.
Indoor gatherings are now allowed for up to 3 households. This means your guests may stay overnight.
Gatherings: With the lifting of the Regional Stay at Home Order, new gathering rules are in place. Gatherings of up to 3 households are now allowed indoors or outdoors. This means residents and/or visitors from outside the HOA may visit your home.
Ice/Water Machines: Water and Ice Machines have been turned back on for outdoor use. Indoor water fountains are still off.
Masks: Masks are required for all indoor activities as we open. Masks are not required outdoors as long as 6’ social distancing can be maintained.
Waivers are required for all residents and guests before using facilities.
Guests: Guests are not allowed for indoor activities. Guests are allowed for outdoor activities. The one exception is guests are allowed at Shadows.
Guest on Streets: Guests are allowed to use the streets and North Channel area. Residents may 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) continues to be strictly prohibited within SCSHCA streets, parking lots and common areas.
Putting Course: Guests are allowed to use the Putting Course behind the Montecito Clubhouse. Reservations are not required for the Putting Course.
Library: The library is open for use from 9 am to 4 pm daily. It is limited to four people at a time. 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.
Golf: No changes, but water has been turned back on.
South Side Driving Range: The South Side of the driving range is still closed, although the putting and chipping areas remain open.
Indoor pool is still closed.
Santa Rosa Pool
Reservations are strongly recommended to be sure there is space available. Because of occupancy limits it is not likely space will be available without a reservation.
If no reservation, resident and/or guests must check in at the desk.
Only Residents/guests with a reservation, or who have checked-in, may use the pool and or furniture and only during their reservation time.
Patio Furniture to be returned to pool deck.
Furniture must be cleaned at least once per day.
Guests are allowed (during regular guest hours).
Reservations for more than one person may be made by phone.
Residents/guests may use the pool/furniture during their reservation time only.
Beginning April 5, 2021, pool hours will be extended until 8 PM.
Montecito Outdoor Pool
Reservations are strongly recommended to be sure there is space available. Because of occupancy limits it is not likely space will be available without a reservation.
If no reservation, resident and/or guests must check in at the desk.
Only Residents/guests with a reservation, or who have checked-in, may use the pool and or furniture and only during their reservation time.
Patio Furniture to be returned to pool deck.
Furniture must be cleaned at least once per day.
Guests are allowed (during regular guest hours).
Reservations for more than one person may be made by phone.
Residents/guests may use the pool/furniture during their reservation time only.
Beginning April 5, 2021, pool hours will be extended until 8 PM.
Pickleball/Tennis Courts/Bocce Courts
Pre-pandemic reservation rules are in place.
Reservations are recommended but not required.
If no reservation, resident must check in at the desk.
Guests are allowed (during regular guest hours).
Guests are required to check in before play.
Residents may extend their reservation if available when their reservation ends.
All bocce courts will be open.
All high touch areas will be cleaned at least once per day.
Santa Rosa Patio
Seating area will be open.
All furniture will be cleaned at least once per day.
Dog Parks:
Reservations are not required.
Water will be turned on.
Water spigots will be cleaned at least once per day.
Furniture will be returned to the dog parks.
Furniture will be cleaned at least once per day.
Masks required if social distancing cannot be maintained.
Fitness Centers
Reservations are recommended but not required.
If no reservation, resident must check in at the desk.
Residents may use the fitness center for 55 minutes.
Residents may extend their reservation if available when their reservation ends (must inform desk staff).
All fitness equipment must be cleaned at least once per day.
Beginning April 5, Fitness center hours will be extended until 8 PM.
Guests are not allowed at this time.
Residents, please clean each machine before and after use.
Capacity for the Gym: The new guidelines permit the opening of the gym with 10% capacity. Here are the operating procedures.
The gyms will be open, and reservations are strongly recommended given capacity limits:
Montecito - 13 people
Santa Rosa - 9 people
Face Masks and Social Distancing-Face Masks are required while indoors no matter what activity. Social distancing is always required.
Reservations-Each reservation will be for 55 minutes and you are limited to one reservation per day. You may stay after your reservation if space is available. Check with the desk after your first reservation time is up.
Arrival-You may arrive at your reservation time.
Departure-You must leave on time.
Temperature-Your temperature will be taken upon arrival. If it exceeds 100.0 you will not be permitted to enter or workout.
Waivers-You must sign a new waiver. The new waivers are required because of Covid. People using the online reservation system have already filled out the waiver, but residents that made a phone-in reservation need to sign the waiver. Please understand that it may take a few minutes to sign the waiver the first time you arrive.
Gym Hours Beginning 4/5/2021:
Monday-Friday 6 AM - 8 PM
Saturday/Sunday 7:30 AM - 8 PM
Special Note regarding small equipment-All small equipment has been removed. The County order makes cleaning of small, shared equipment difficult to manage so we have removed the equipment.
Restrictions-By County order-the following will not be available Indoors: Lockers, water, showers, gatherings, chairs, and tables.
Resident ID Cards: Resident ID cards will be required to use the gym. If you don’t have one, make an appointment with the HOA office for a new card.
No Guests for the gym at this time.
Fitness Classes: Fitness classes will be moved indoors at the Montecito Fitness Center and Santa Rosa Clubhouse. There will be a few outdoor classes in the next three weeks. Please contact the fitness department with any questions.
Shadows Re-opening for Indoor and Outdoor dining:
Delivery will end on 3/31/21.
Guests are allowed.
Reservations are recommended but not required.
8 people per table maximum.
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.
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.
Indoor Capacity is 24 people.
Limited Menu-Not the same as before.
The Board wishes you a safe and healthy week as we slowly move to reopen activities here at Sun City Shadow Hills.
During the months of February and March 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 2020 audited financial statements. Audited financial statements were approved by the Board on February 22, 2021, and issued by the Auditor on February 24, 2021.
Review and recommend Board approval of the 2020 income tax returns.
Review and recommend Board approval of the Association’s unaudited January and February 2021 financial statements including the:
financial statements and supplementary schedules.
combining and combined financial statements included in the Treasurer’s report.
summary financial information on financial position and results of operations included in the General Manager’s report.
condensed Association financial information to be published in The View magazine.
Review of the year-to-date variance analysis prepared by the General Manager 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 written recommendations on the 2021 Forecast (2+10) of the Operating Fund and Replacement Fund as compared to the 2021 Budget.
Preparation of the Management Discussion and Analysis (MD&A) of the 2021 Forecast (2+10) provided to the Board.
Review and written recommendations on proposed BAFs for the expenditure of funds for the replacement or major repair of real and personal property common area components identified in the Reserve Study.
Review and recommend Board approval of the January and February 2021 bank statements, bank reconciliations, and investment account statements.
Regular meeting of FAC held on March 19, 2021, via audio and video conference call.
For the Board meeting on March 29, 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
Insurance renewal as of April 22, 2021.
FAC Members
Thank you, Bob Giovannettone, for serving on the Committee from June 2019 through February 2021. We appreciate the contributions and recommendations you made. Now, FAC has six members; and we have Board approval for a total of nine. So we have three 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 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 HOA annual meeting will be on April 6, 2021. I know we are repeating this information, but we need everyone to vote. There are only a few days left, so please complete your ballot and put it in one of the ballot boxes in either the Montecito or Santa Rosa Clubhouses. In addition to the Board election, there is one CC&R change and one Bylaw change on the ballot. All ballots must be in before April 6.
The CC&R change that is 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.
The other provision the Board presented 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 removal of 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 homeowners 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 homeowners to make any change. This just allows the HOA additional time to collect more ballots.
There are also four candidates running for two positions on the Board. Linda Aasen and Kim Fuller are running for re-election, in addition to two new candidates, John MacDonnell and Moira MacLeod‑Foster. Please be sure to get your ballots in as soon as possible for the Annual meeting on April 6.
Better days are coming, so don’t forget, “it doesn’t get any better than this.”
Fly the United States Flag at Half-Staff Immediately Until Sunset on Saturday, March 27, 2021 Honoring the Victims of the Tragedy in Boulder, Colorado
A Proclamation Honoring the Victims of the Tragedy in Boulder, Colorado
As a mark of respect for the victims of the senseless acts of violence perpetrated on March 22, 2021, in Boulder, Colorado, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon 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, March 27, 2021. I also direct that the flag shall be flown at half-staff for the same length of time 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-third day of March, 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.
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.
Please understand that the exceptions are not always consistent. Some activities are open while others are not, for example, the gym may open indoors but the indoor pool is closed.
Indoor gatherings are now allowed for up to 3 households.
Gatherings: With the lifting of the Regional Stay at Home Order, new gathering rules are in place. Gatherings of up to 3 households are now allowed indoors or outdoors. This means residents and/or visitors from outside the HOA may visit your home.
Curfew: The Curfew of 10 pm to 5 am is no longer in effect.
Guest on Streets: Guests are allowed 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 is open for use from 9 am to 4 pm daily but is 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.
Masks: Remember that masks are still required at all times if 6’ social distancing cannot be maintained.
New! Gym is Open:
Capacity- The new guidelines permit the opening of the gym with 10% capacity. Here are the operating procedures.
The gyms will be open on a reservation-only basis with the following capacity limits:
Montecito-13 people
Santa Rosa-9 people
Face Masks and Social Distancing-Face Masks are required while indoors no matter what activity. Social distancing will also be required at all times.
Reservations-Each reservation will be for 45 minutes and you are limited to one reservation per day.
Arrival-You may arrive 5 minutes before your reservation time.
Departure-You must leave on time.
Temperature-Your temperature will be taken upon arrival. If it exceeds 100.0 you will not be permitted to enter or workout.
Waivers-You must sign a new waiver. The new waivers are required because of Covid. People using the online reservation system have already filled out the waiver, but residents that made a phone-in reservation need to sign the waiver. Please understand that it may take a few minutes to sign the waiver the first time you arrive and be patient.
Gym Hours:
Monday-Friday 6 AM-6 PM
Saturday/Sunday 7:30 AM-4:30 PM
Special Note regarding small equipment-All small equipment has been removed. The County order makes cleaning of small, shared equipment difficult to manage so we have removed the equipment.
Restrictions-By County order-the following will not be available: Lockers, water, showers, gatherings, chairs, and tables.
Resident ID Cards: Resident ID cards will be required to use the gym. If you don’t have one, make an appointment with the HOA office for a new card.
No Guests.
Fitness Classes: Fitness classes will be moved indoors at the Montecito Fitness Center and Santa Rosa Clubhouse. Please note: there will be a few outdoor classes in the next three weeks. Please contact the fitness department with any questions.
Shadows Re-opening for Indoor and Outdoor dining:
Takeout and Delivery will continue. Hours for outdoor dining: 10 AM-7 PM Every day.
Guidelines:
8 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 or a picture ID card with address like a Driver’s License.
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.
Indoor Capacity is 24 people.
Limited Menu-Not the same as before.
The Board wishes you a safe and healthy week as we slowly move to reopen activities here at Sun City Shadow Hills.
BOR - Bureau of Reclamation. This is Federal Government.
BOR owns the land alongside the canal which goes through part of the golf course driving range, hole #17, and hole #16 on the South course. So, all this land is owned by the BOR, the Federal Government.
Location map regarding the BOR License is attached. Location map of the 5 acres near phase 3 dog park is attached.
The areas marked in lighter green on the attached BOR map are the approximate boundaries of the land owned by the BOR and subject to the license agreement.
From a “high level” summary, area under license agreement is:
About 10% of hole 16, south course
About 80% of hole 17, south course
About 30% of the driving range
Portion of the storage areas next to the maintenance facilities
Pulte leased this land to develop SCSH back in 2004.
Original lease was for 25 years and a 25 year option at a cost of $80,000 per year. That price was lowered to $70,000 per year after a few years. Pulte was responsible for making all yearly payments.
Pulte’s goal was to buy the land from the BOR and give it to the HOA rather than paying yearly lease fees to the BOR.
The Big Secret was not having anyone else buy this land, so all information was kept confidential in order to protect the best interest of the HOA. If someone else were to buy this land the HOA could be held hostage for a large yearly payment or else the HOA would have to vacate the land. This would mean part of hole #16, most of hole #17 might be gone and a good portion of the driving range would be unusable. So, all past Boards would not discuss this lease publicly in order to protect the HOA interest of keeping the land within HOA control.
Over the years negotiations between Pulte and the BOR was slow at trying to buy the land from the BOR so the HOA could take permanent title. In the end the BOR said they would not sell directly to Pulte or the HOA because it did not follow their procedures. The only possible sale process was to go out to public auction. This idea had very high risk of a third party buying the land and then charging the HOA a high yearly fee to use the land. So, the HOA did not want to go through the public auction process. It was also not recommended by the BOR if we wanted to protect our interest.
Alternatives were discussed and the option of a new lease between the HOA and the BOR became the best alternative to protect the land use for the HOA and to protect the yearly lease amount. Given newer BOR descriptions of land use for this purpose, the yearly lease fee would be $2,637 per year, not $70,000. The lease would be for 25 years with a 25 year option. Payments would be made 5 years in advance. So, every 5 years we make a payment for the next 5 years.
Doing a lease would avoid a public auction where the HOA might not be the eventual owner of the land.
The negotiation on this transaction began in 2018, one year after I was elected and has been ongoing ever since. Since Pulte was responsible for making the $70,000/year payment the HOA’s concern was making sure the land was controlled by the HOA for years into the future, and at a reasonable rate. Naturally if the payment for the HOA was $70,000 per year, we would not sign a new lease but would rather have Pulte make such payments for as long as possible (25 years). Since the lease started in 2005 Pulte would have 9 more years of payments saving the HOA $630,000. As you can see it gets complicated.
Clearly Pulte wanted out of the current lease and the HOA wanted control for more than 9 years. The negotiation was to try and reach a outcome both Pulte and the HOA would like. Pulte offered money for the yearly payment for 25 years. It would be about a $50,000 to $60,000 payment and the HOA would use that over the years to make payments on the 25 year lease given the lease would start at $2,637/year. The priority for the HOA was to gain control over the land at a reasonable rate for a long period of time. We did not want to have to begin making payments of $70,000 per year starting in 10 years.
Here is where more fun comes into play with negotiations. Pulte wants out of a lease, and the Board knows about a 5 acre parcel owned by Pulte along the backside of the Phase 3 dog park and maintenance area. This is 5 acres on the corner of Madison and Avenue 38. The Board wanted to own that 5 acres more than having a $50,000 payment. Given the lease amount of $2,637/year, the Board’s position was the 5 acre parcel would have more value to the HOA for potential possible future use.
Two parts of the negotiation:
25 year lease at a reasonable rate. That we were going to get from the BOR.
For Pulte to be released from the current lease agreement would they be willing to give us the 5 acre parcel.
The negotiation led to an agreement that Pulte would sign over the 5 acre parcel and the HOA would sign a new lease with the BOR. This is an example where both parties move forward to compromise on each getting something of value to benefit both sides. Pulte ended a $70,000/year lease and the HOA gained control over the BOR land for 50 years and acquired a 5 acre parcel of land in addition.
Through this process we needed to resolve some issues:
Can the HOA go into a 25 year lease without resident approval? Example: Frontier needed a resident vote for a 5 year contract. Governing documents only allow for 1 year contracts other than a few exceptions. If we needed resident approval and the negotiation became public, it could harm the negotiation if third parties tried to bid on the proposal. HOA might have to pay more money.
Can the HOA annex the land without HOA resident approval? Again, another element which might cause the negotiation to go public and compromise the effort to protect the interest of the HOA.
Fortunately, after legal review, our governing documents allowed for the 25 year lease with the BOR by a vote of the Board and we may also annex the 5 acres by a vote of the Board. Pulte’s legal team along with attorneys from the HOA (one being a land use attorney) collaborated to determine we were following all legal requirements to make the transaction possible.
This negotiation is now over, we closed escrow last week, so we have signed a new 25 year lease for the land at $2,637/year and we own the 5 acre parcel at the end of phase 3 by the dog park and maintenance area. It was actually 2 parcels totaling 5 acres.
Where do we go from here? What do we do with the 5 acres? Great Question.
Board will need to proceed with a process to determine what to do with the land. Currently, the Board’s intention is to form a committee to investigate all possible uses of the 5 acres to then make a recommendation to the Board. This will take time. The committee will need to reach out to residents to gather any and all ideas on what should be done with the land, what is possible, what are the possible costs of development, and then recommend to the Board a plan to move forward. These kinds of plans take time. First step will be to appoint the committee to begin the process. If you are interested on being on this committee (let’s call it the ‘5 Acre Land Committee), please fill out the application form from the HOA office to apply to be on this committee.
After the Board election, whatever Board is in place, they will be able to then proceed with the process given their priorities. I would like to think surveys will need to be done to gather resident input. It would be great to get some members on the committee that have had some development experience. I would also think Town Hall meetings will be needed to go over all the information just like we did with the Frontier plans. Please don’t think such a process happens in a short period of time. The investigation of ideas and research alone could easily take more than a year. Investigation and cost projections for design and planning for all approvals will take another year. Plans and specs will take another year and the permit process can take another year. Be aware this process takes time if done right, but the final outcome can be an improvement for the HOA which all residents will hopefully gain benefit.
So, the big secret is no longer a big secret and all the past Board members can now speak about the BOR which has been one of the closely guarded secrets of the HOA for 15 years.
Fly the United States Flag at Half-Staff Immediately Until Sunset on Monday, March 22, 2021 Honoring the Victims of the Tragedy in the Atlanta Metropolitan Area
HONORING THE VICTIMS OF THE TRAGEDY IN THE ATLANTA METROPOLITAN AREA
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
As a mark of respect for the victims of the senseless acts of violence perpetrated on March 16, 2021, in the Atlanta Metropolitan area, by the authority vested in me as President of the United States by the Constitution and the laws of the United States of America, I hereby order that the flag of the United States shall be flown at half-staff at the White House and upon 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, March 22, 2021. I also direct that the flag shall be flown at half-staff for the same length of time 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 eighteenth day of March, 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.
I’m Carey Thompson, a fellow homeowner and since June 2020, your Treasurer of our HOA Board. I assumed that responsibility when Bruce Marley resigned for personal reasons. It was an easy transition for me since I was the previous Treasurer and a member of the Finance Advisory Committee. Since I rejoined the Board, we have not been able to have meetings with homeowners in attendance. I’ve been very brief in my reports at the open Board meetings held via streaming, so I thought it might be a good time to provide you an update.
By now you should have received a packet in the mail that contains a cover letter from me and includes the 2020 annual audit results as well as our current insurance coverage. The law requires us to mail this information to you every year. In addition, our resident’s only website has an abundance of detailed financial reports for those of you interested in drilling down into the details.
So, in the spirit of a “State of the Union” address, I want to bring you all up to date on how our community is doing financially. Although this topic makes some people’s eyes glaze over, I think you’ll want to hear how we’re doing. I’ll keep it simple and brief, and I promise you there won’t be a quiz at the end.
Overall, how are we doing financially? In a word – great.
When the pandemic crisis hit in March 2020, the Board took proactive measures to slash expenses to make up for lost revenue. At the height of the pandemic, both Shadows and our golf courses were closed. With no end-of-season group and club parties, there was no revenue from catering, which is usually quite profitable for us. Our investment income was decreased due to falling investment rates.
The Board took steps early on in the crisis to decrease our operating budget expenses including golf, landscape, property protection, fitness, facilities/maintenance, mostly in personnel costs. Closed facilities do not need as many people to maintain them in good working condition. As a result, our 2020 actual performance was just over $600,000 above our budget plan. Here are the numbers:
When the 2020 operating budget was approved, the Board planned just over $14 million in revenue and $14.4 million in expenses, which was a $331,000 budget deficit of revenue over expenses. Our existing working capital would cover that deficit. It allowed the Board to approve an $8 per month credit on the 2020 monthly assessment.
However, due to the cost saving measures the Board took, the actual financial performance for the year was $12.8 million in revenue and $12.5 million in expenses. Although we had reduced revenue in fitness, golf, food and beverage, as well as investment income, we reduced the expenses even more. That’s how we were able to finish the year more than $600,000 above our planned budget. In addition, the favorable variance in actual results, as well as the accumulated net working capital in the
Operating Fund, allowed the Board to authorize a one-time annual credit of $144 per home or $496,800 in total effective January 1, 2021. This $144 credit per home was reflected in your HOA account and your monthly assessment for January 2021 was reduced by the one-time credit.
Since rejoining the board, in addition to the standard monthly responsibilities, I have been quite busy with several major projects: I coordinated the development of the 2021 budget, renegotiated the Troon contract, updated our investment policy, oversaw the 2021 Reserve Study, and the 2020 annual audit and filing of our income taxes. Of course, I had lots of help from FAC and Bill Wethe, as well as significant support from our DRM General Manager, Tyler Ingle and Troon General Manager, Rolland Vaughn.
Here’s what’s on tap for the coming year. The Board is now working on ways to increase our investment income. Return on standard Certificates of Deposit is extremely low, less than 1% of the value of the CD on maturity. We have received some recommendations from our Comerica investment advisors and the FAC for the Board’s consideration. The more revenue we can generate from investment income means less we need to assess homeowners in monthly dues. I will share more information on this in the near future.
We are also planning to replace our golf cart fleet this year. The fleet we purchased almost 5 years ago has been fully depreciated and it is time to purchase new carts. We have been saving money in our Replacement Fund for this purchase. Fortunately, unlike when we previously leased golf carts, we have a trade-in value of more than $200,000 as opposed to no value on the leased carts. We are receiving bids and expect to have new carts delivered by the start of the season this coming November.
When this term of office expires in April 2022, I plan to apply to rejoin the FAC as a regular member. Currently, our FAC has three vacant positions. Yes, you do need a financial or related background to serve on this committee, but we have not had any applications for membership in many months despite our many efforts at recruiting. It’s easy to apply, just go to our resident’s only section of the HOA website and search for the volunteer application form.
As I mentioned, you recently received a packet from me including the 2020 audit of financial statements highlighting our results along with an abundance of additional detail. Take a moment to review the audit. I think you will be happy with our financial standing.
I welcome your comments and questions. You can email me anytime. The address is on the inside front cover of The View every month. I look forward to seeing you at an open board meeting in the future.
Current rules require waivers only for fitness center/outdoor sports activities.
Current rules do not require waivers for Clubs/Groups.
Owners are responsible for their guests even without a waiver.
Committee of 4 lawyers (I Board member, 1 member from the FAC, and two from the law firm representing the HOA) disagrees with Bob Israel’s assumptions and conclusions.
Board will evaluate possible new rule about Waivers for Clubs/Groups.
Board will be distributing new waiver for resident comment.
Process for new waiver will take about 60 days.
If you sign a waiver you do not become the insurer of the HOA.
Why Waivers: The Board is trying to prevent the Association from being sued for frivolous claims. We want to protect all the assets of the HOA, which protects all residents, which in turns help to maintain property values. One affects the other. Waivers explain a person is responsible for their own actions and that there are risks to any activity. Each person must be responsible for those risks.
Mr. Israel claims: The Board is exceeding its authority by requiring members to sign an informed consent document (Waiver). We disagree, this is not true.
Section 3.6.1 of the CC&Rs states ….the Association shall have the responsibility of owning, managing, and maintaining the Common Areas…
Section 3.7 of the CC&Rs gives the Board rule-making authority. The Board may enact and amend rules which may concern matters pertaining to the use of the Common Area and Common Facilities . . .”
Association’s original rules and regulations (from 2005) have contained a provision which requires all Residents and Guests eighteen years of age and older are to sign a Waiver before participating in fitness center/outdoor sports activities.
Signing a Waiver does not make you the insurer of the HOA. The four attorneys reviewing Mr. Israel’s comments do not know why he made such a statement.
Claims and the threat of claims will increase insurance rates as we have already experienced. Mr. Israel will remember when he was on the Board, because of threats of a lawsuit against the HOA, that list of lawsuit threats increased our insurance rate by $20,000 in one year. Claims matter, so everything we can do for risk and claims management will help all of us in lower insurance rates. I have said on many occasions please don’t threaten a lawsuit, it can increase our insurance rates.
CC&R’s:
Mr. Israel cites 2.4 Rights of Owners in Common Area: The interest to use Common Areas goes with the lot. The Owner can’t separately sell those interests. That interest stays with ownership in the lot. This does not mean owners have unrestricted rights to common areas whenever they like. Example: hours of operations.
Mr. Israel cites 2.5 Owners' Nonexclusive Easements of Enjoyment. Every Owner shall have a nonexclusive right and easement of enjoyment in and to the Common Area. Israel left off ‘subject to the following provisions’: Residents do not have unrestricted rights to use Common Areas.
2.5.1 Right of Association to Regulate Common Area Uses. Rules about guests, membership cards, RV’s, who qualifies to use facilities, etc.
2.5.2 Right of Association to Adopt Rules. This section allows for rules for use of Common areas. This section allows the Association to adopt Community Rules about the use of Common Areas by a majority vote of the Board. See 3.7.
3.7 Community Rules. Allows for rules of Common Area by majority vote of the Board. The Community Rules may concern (i) matters pertaining to use of the Common Area and Common Facilities. Example of rules: Golf, dress code. Swimming, reservation. No Skateboarding on the tennis courts. Lots of rules for use of Common areas. Rules are implemented by due process and 28 day resident comment before Rules can be imposed.
13.6.1 Rights and Remedies of the Association (Governing Document Enforcement). ..the Board, may enforce the obligations of each Owner to obey such Rules,
Mr. Israel cites 13.6.4 (a) Limitations of Disciplinary Rights. Israel quotes this as a basis an owner has access to Common Areas. This section does not apply to Common Areas at all. It says The Association shall have no power to cause a forfeiture of an Owner's right to the full use and enjoyment of his or her Lot…. So, his reliance on Section 13.6.4 is misplaced. This section applies to actions on the homeowner’s private lot and does not have any application for the use of Common Areas.
Mr. Israel cites 13.6.4 (c) Hearings and Summary Enforcement Rights. This section states the enforcement hearing process in applying fines and suspension. The HOA may suspend privileges and impose fines. Explains the process and what is allowed.
By-laws Article 6, 6.1, 6.3, 6.4:
ARTICLE 6 - MEMBERSHIP RIGHTS
6.1 Use and Enjoyment of Common Areas by Members and Family. Use of Common Area is subject to Association rules and regulations regarding occupancy and subject to 6.4. It does not state residents have unrestricted access.
6.3 Invitees and Guests. Guests may use Common areas but are subject to all rules regarding guests. Again, no unrestricted access.
6.4 Association Rules and Regulations. The right of any person to use and enjoy the Common Areas and Common Facilities shall at all times be subject to the rules, ……and regulations as promulgated by the Board.
This section also explains the HOA cannot cause an absolute forfeiture of Common area use. In other words, the HOA cannot take Common Area rights away for all time. The HOA may suspend use once due process is followed, but it cannot be permanent.
Rules and Regulations:
4.13.3
Informed Consent – Release and Waiver: All Residents and Guests eighteen (18) years of age and older are required to sign an Informed Consent, Release and Waiver before participating in fitness center/outdoor sports activities.
4.13.8
Cardiovascular and Strength Training Areas:…………. Neither the Association nor its employees shall be responsible for injuries or accidents. All Residents and Guests eighteen (18) years of age and older must sign an Informed Consent, Release and Waiver before participating in any fitness center activity.
Guests:
Sections 4.4.1(a) and 7.3.1 of the CC&Rs provides Owners are financially responsible for their guests. Even if we don’t have a waiver, all Owners are responsible for their guests.
Rule 2.4 of the Association’s rules and regulations; Resident is responsible for the behavior and actions of their invited Guests.
Mr. Israel supports a waiver for certain activities if done in a certain way. Hopefully after a new waiver is presented most residents will agree to its implementation. We will see after the 28 day comments period. This will take a little time, about 60 days.
So where do we go from here:
Given these two rules I do not see how at this time the HOA can require a waiver for Clubhouse use, for Clubs or Groups, or any other activity outside the listed rules. History: Waivers have been used since 2005. First communication of waivers for Clubs and Groups I found in 2014. I don’t see anywhere where they added the rules to require a waiver for other activities. If we are going to require Clubs and Groups to sign a waiver, we must first have a rule in place to require that process. For now, I have instructed staff the waivers are not required for Clubs and Groups, so if you are a member of a Club or Group you don’t have to fill out the waiver. You may if you like, but there is no current requirement. If the Board wants to add such a rule it will need to go before the residents for 28 day comment. That issue will be discussed at the next Board meeting. This will take some time to do it right, and we all know how long lawyers take.
Another question came up in review of the documents, does a change to the waiver require 28 day comment by the residents? We currently have a rule about requiring a waiver for certain activities. So, does a change in the waiver also require 28 day comment. Grey area for which we are not sure, but the Board has already said they we will put out a new waiver for 28 day comment so everyone will be able to respond.
As I stated at the last Board meeting, we felt there were already many comments about the waiver that needed to be reviewed. Clubs/Groups need to be protected, and there needs to be more clarity on who is responsible based on fault. These concerns are being reviewed by the same four attorneys and hopefully by the next Board meeting we can have a new waiver for review.
In the meantime, Clubs/Groups do not need to sign a waiver. If you want to use the fitness facilities or outside activities a waiver is required which is already part of the rules. To sign up for such activities requires a reservation and that process is mostly in place so when you sign up to make a reservation you will be automatically agreeing to the waiver terms.
We will have more information by the next Board meeting and hopefully a new draft of the Waiver for everyone’s review.
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.”
