President’s Message: Bulk Cable Update

Kim Fuller
President

Good morning residents,

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

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

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

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

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

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

Thank you,
Kim Fuller
President

President’s Message: Bulk Cable Update

Kim Fuller
President

Hello Residents,

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

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

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

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

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

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

If you have additional questions, please let me know.

Thank you,
Kim Fuller
President

President’s Message: Results of Survey to Over-seed the Golf Course

Kim Fuller
President

Hello Residents,

The Board is in the budget process and there have been requests that we over-seed the rough areas (outside edges) of the golf course so that the entire golf course would be green all winter long. Currently we only over-seed the fairways of the golf course and not the edges. This means the outer edges of the golf course will be brown all winter while the center of the fairways will be green.

This has been done for the past couple of years because of cost. The cost to over-seed and water the rough areas of the golf course would be $7 per month per home. This would mean a $7 increase in your monthly dues to over-seed the rough areas of the golf course. Many residents believe it is worth the $7 per month per home to have the entire golf course green during the winter.

The Board sent out a survey on 8/30/19 to get the opinion of residents on how to proceed. There were 1,263 people that responded to the question “Do you want to over-seed the entire golf course knowing the cost will be an increase in dues of $7 per month?”

Here are the results of that survey:

Yes: 282 or 22.33%.

No: 981 or 77.67%

The Board will consider this information to determine how to budget for next year’s monthly dues.

Thank you,
Kim Fuller
President

President’s Report – October 2019

Kim Fuller
President

Welcome to another day in paradise. Not just another day, but “oh, what a night” we had on September 1. I was awakened at 1:30 am to the sound of big drums overhead. Yes, the thunder was a mighty roar, and I had to jump to the window to see what might transpire. And to my amazement it was a spectacular light show, one that left the special effects of film movies on the cutting room floor. You just can’t beat Mother Nature sometimes; it leaves us breathless. After watching this magnificent light show for over an hour, I once again reminded myself this is not only another day in paradise, but you can’t beat the stellar nights either thanks to our lucky stars, thunder, and lightning.

As you know, the Board has been investigating the pros and cons of a bulk cable contract for the HOA. The survey is complete with 85 percent of residents who responded wanting to move forward with a five-year contract for cable TV and/or Internet services. Currently, not only are we investigating an Internet/TV option, but we are also investigating an Internet-only option. The latter option would mean the HOA would provide an Internet-only plan, and residents would then pick their own TV plan and purchase that service directly from a provider. There are positives and negatives to both options, but the survey showed that 77 percent of you want the cable TV plus Internet plan over the Internet- only plan.

The Board will finalize contract negotiations with both Spectrum and Frontier to reach a conclusion about which plan will be offered to residents for an official vote. Without an acceptable contract that protects the HOA from future liability, it would be difficult for the Board to move forward. Although both plans will save residents money, we can’t endorse any plan unless the HOA is protected against future financial liability. The protection of the HOA must take priority over the individual savings from any plan given the five-year commitment.

The vote that will be coming will be in the form of a ballot, which will be sent to each home the same as we do for the Board elections. Please be watching for this ballot and get it back to us ASAP.

We also recently sent out a survey about the overseeding of the rough areas of the golf course. The past few years we have not overseeded the rough areas – the edges of the golf course – only the fairways. This causes the outside edges of the golf course to be brown in the winter while the middle of the fairways remain green. Many of you have requested that we go back to overseeding the entire golf course so that the entire golf course would be green all year round.

The cost for doing this work is about $7 per month per home. The survey sent out simply asked if you would like to have the entire golf course green in the winter knowing it will cost an additional $7 per month in the monthly dues. As of the date of this article, 79 percent of you don’t want to overseed the entire golf course but would rather save the $7 per month in dues. The Board will be using this information as we plan for next year’s budget.

Keep in mind the final budget for 2020 will be voted on by the Board at its October meeting. Comments and suggestions are always welcome, so get them to us before that date. You can also attend the Board’s last budget meeting on October 23, at 10 am, if you would like to make any comments.

Please enjoy your day, and never forget – It doesn’t get any better than this!

Kim Fuller
President

President’s Message: Do You Want Winter Green Rough on the Golf Course?

Kim Fuller
President

Hello Residents,

The Board is in the budget process and once again there have been requests that we over-seed the rough areas (outside edges) of the golf course so that the entire golf course would be green all winter long. Currently we only over-seed the fairways of the golf course and not the edges. This means the outer edges of the golf course will be brown all winter while the center of the fairways will be green.

This has been done for the past couple of years because of cost. The cost to over-seed and water the rough areas of the golf course would be $7 per month per home. This would mean a $7 increase in your monthly dues to over-seed the rough areas of the golf course. Many residents believe it is worth the $7 per month per home to have the entire golf course green during the winter.

The Board would like to know your response to the following question:

Do you want to over-seed the entire golf course knowing the cost will be an increase in dues of $7 per month?  Yes or No.

Please click on this link and respond to this survey question. We will close the survey on 9/20/19 at 3 pm, so please respond asap. The Board will use this information to determine how to budget for next year’s monthly dues.

Thank you,
Kim Fuller
President

President’s Report – September 2019

Kim Fuller
President

So much has been happening that, every once in a while, it is wise to stop, smell the roses, and in our case understand we live in a terrific place, surrounded by terrific people, all working together in this beautiful community. A neighbor says, “good morning”; I smile and reflect on the gift of this paradise. It is a pleasure meeting, talking, and working with so many great people.

Let’s take a moment to thank some of the many people who are doing so much for our community. It is easy to forget all the people who work to make this place a paradise. So many people on so many committees work hard, and we all benefit from their success. Too often people will think it is the Board that does all the work, but it is the members of each committee who are doing most of the work. All these members make the difference between success and failure in creating a beautiful place to live. I for one wish to take a moment and thank them for all their efforts, and for making the work of the Board so much easier.

If you know a committee member, stand up and thank them; we can’t say it loudly enough or often enough given their dedication. Let me take this moment to thank all the Chairs of each committee for the service and unselfish dedication:

  • City Development Coordinating Committee Chair: Tom Hutson
  • Communications Advisory Committee Chair: Tom Hutson
  • Covenants Committee Co-Chairs: Lee Powell and Traci Barnett Hone
  • Design Review Committee Chair: Ted Shettler
  • Emergency Preparedness Committee Chair: Jeff Kirkpatrick
  • Facilities & Services Advisory Committee Chair: John Petersen
  • Finance Advisory Committee Chair: Bill Wethe
  • Food & Beverage Advisory Committee Chair: Jurgen Gross
  • Golf Advisory Committee Chair: Dave Bakshy
  • Health and Fitness Committee Chair: Rick Halla
  • Information Advisory Committee Chair: Stacia Armstrong
  • Landscape Advisory Committee Chair: Chris Stevens
  • Safety Advisory Committee Chair: Ed Chavez

And the new Lifestyle Committee should be starting in the next month.

So, when the sun sets on this day, I will reflect on the beautiful sunrise, a “good morning” greeting, all the kind people who have gathered in this community, and say to myself: “It doesn’t get any better than this.”

Kim Fuller
President

President’s Message: Results of the Bulk Cable Survey

Kim Fuller
President

Good Morning Residents;

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

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

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

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

Click Here for the Survey Results

Thank you,
Kim Fuller
President

President’s Message: Petition to Court is Denied

Kim Fuller
President

Hello Residents,

This morning was the hearing before a Judge to obtain a ruling on the Petition filed by the HOA to request passage of 2 By-law changes that were defeated by a resident ballot vote.

The Petition was denied because the Judge felt it did not pass the ‘Unduly Difficult’ threshold. To pass a By-law it takes 1761 affirmative votes in favor of the By-law change. Even though there was 73% to 89% approval of the changes by a vote of the residents, the Judge felt that because the number of ballots cast exceeded the needed amount of 1761 affirmative votes, the court would not use its discretion to overturn the ballot vote. The Judge stated that if 100% of the ballots were in favor of the By-law change it would have passed, therefore the Judge did not think he should use his discretion to overturn an unsuccessful vote.

For the future, to make a change to the By-laws or CC&R’s, it will be necessary to get 1761 approval votes, and that will mean a much a greater effort in getting more residents to vote.

If you have questions, please let me know.

Thank you,
Kim Fuller
President

President’s Message: Bulk Cable Contract Survey

Kim Fuller
President

Good Morning Residents:

As I said yesterday, today we are sending out the survey to get everyone’s opinion on how you want to proceed on a Bulk Cable Contract. This contract would allow for Cable/Internet Companies to provide Internet and/or TV services to the residents of the HOA for a period of 5 years and to reduce the amount of money our residents are paying for internet and TV services.

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

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

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

Please complete your survey by 8/20/19, so that we can review the information and continue the process in a timely fashion.

☞ Click Here for the Survey
THE SURVEY IS NOW CLOSED

Let me know if you have any questions.

Thank you,
Kim Fuller
President

President’s Message: Upcoming Bulk Cable Contract Survey

Kim Fuller
President

Good Morning Residents:

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

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

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

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

Option A

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

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

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

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

Option B

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

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

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

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

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

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

Let me know if you have any questions.

Thank you,
Kim Fuller
President

President’s Message: Regarding the Upcoming Bulk Cable Contract Survey

Kim Fuller
President

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

Thank you,
Kim Fuller
President

President’s Message: Bulk Cable Town Hall Meetings Update

Kim Fuller
President

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

 

 

 

Spectrum Plan: Internet and TV

Basic Monthly Fee $40
Taxes and Fees $3 to $8
HOA Admin Fee $0 to $1
Total $43 to $49

Frontier Plan: Internet Only

Basic Monthly Fee $12
Taxes and Fees $0 to $0
HOA Admin Fee $0 to $1
Total $12 to $13

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

Thank you,
Kim Fuller
President

President’s Report – August 2019

Kim Fuller
President

Welcome to another day in paradise. With all that is happening to make this an even more perfect place to live, I count my lucky stars to have so many people willing to help make our community better. Take a moment, while appreciating all the sunsets, and be sure to thank all those neighbors that work so hard volunteering for our mutual benefit.

Last month we all got to witness the earthquakes that fortunately did little damage here at Shadow Hills. A little north of us, people were not so lucky. But, until an earthquake is upon us, we don’t think about the many people that look out for our safety every day.

The Emergency Preparedness Subcommittee, made up of many that work together to warn and check on us after such an event, was active once again to make sure all was safe. This subcommittee’s process of evaluation, warnings, and follow-up to check on homes is appreciated by everyone but sometimes overlooked when there is no emergency. Chair Jeff Kirkpatrick and his subcommittee deserve our thanks, not only when emergencies arise but every day because they give us a sense of security and safety. They are watching out for us, getting ready to go into action at a moment’s notice when the occasion arises. As I have said in the past, when that day comes, Jeff and his volunteers will be the most important people on earth; and I for one am glad to have them here every day. Thank you all for doing what you do so well.

If you’ve not been to the Montecito Clubhouse to experience the new renovation, you need to visit and check out the magnificent job that has been done. Many have written to say thank you for a job well done. The new colors, furniture, and designs are just beautiful. A project that started over one year ago is now finished, and we all get to enjoy the outcome.

We need to thank the people who worked so hard to make this a reality. John Petersen, chair of the Facilities & Services Advisory Committee, led this task from beginning to end. The Interior Design Committee, made up of Linda Bostjanick, Ralph Erickson, Vicki Berg, Barbara Segal, Marie Devito, and Frankie Shack, all deserve our thanks and gratitude for a terrific job.

A very special thank you to Ralph Erickson, who worked throughout the construction process to be sure all was proceeding as designed. Construction is never a perfect science without changes, and Ralph was there to help answer the questions and find solutions when needed. Even when it was time for him to leave the area, he stayed here to make it all happen. How do you ever thank such a person? To all of you: well done, everyone is grateful.

As you all know, the Board has been investigating the pros and cons of a Bulk Cable Contract for the HOA at the request of many residents. This is a negotiation with the cable/Internet companies to provide Internet and TV services for a period of five years in order to reduce the monthly fee. The Board appointed a committee to investigate and gather information for the Board’s review. That committee is working on more proposals and ideas that have been presented to the HOA. Additional Town Hall meetings will be held August 1 and 2 to present more information about the different plans and the process to decide the outcome. The Board has determined that there must be a vote of the residents to give consent for such a five-year contract.

Currently, not only are we investigating an Internet/TV option, but we are also investigating an Internet only option. This option would mean the HOA would provide Internet only, and residents would then pick their own TV plan and purchase that service directly from a provider. There are positives and negatives to both options, so be sure to watch the Town Hall videos before deciding how you want to proceed: www.scshca.com/bulkcable.

As the next step, we will be sending out a survey through the e-blast system to find out your thoughts on having any type of cable contract. The goal of the survey will be to find out if residents want such a five-year contract and, if so, what kind of plan. This survey will be available on the website for residents to fill out. This is not the official vote by ballot; that will come later in the mail.

Only after these steps of gathering information are complete, along with resident input, will the Board decide on how or if we move forward with such a proposal. If the Board decides to move forward, an official ballot will be sent to every home because residents will have to give consent for the Board to proceed with a contract for five years. The Board may not proceed without the residents’ consent on such an action.

Please enjoy your day and never forget: it doesn’t get any better than this!

Kim Fuller
President

President’s Message: Santa Rosa Pool Chiller Install

Kim Fuller
President

Many have written me about the temperature of the Santa Rosa pool now that the new pool cooling units have been installed. Many want the temperature lower, while some have complained it is too cold.

Pool temperature in the winter, when air is cold, is a different feel than in the summer when the air is hot. It is like checking weather, you have the actual temperature and you also have listed reel feel temperature. It is also like heating and cooling in your house. You might set the heat for 68 degrees in the winter, but that doesn't mean you set the A/C for 68 degrees in the summer, it would feel very cold. Therefore, you would not set temp for winter the same as summer, each will have a different feel.

Although the pool chiller units are installed and are new, we have been monitoring them because so many people have described such a wide variance in pool temperature. In monitoring the pools, it has become clear the units are not working correctly. Temperatures for the pool have fluctuated from 87 degrees to 94 degrees. If working correctly the pool temperature should never exceed 91 degrees, and even then, the units should cool the water to 90 degrees given the current set point.

We have called for a meeting with the contractor and a manufacturer’s rep to discuss the issues and a plan for repair. For the moment please do not expect the pool water to be at a correct temperature. The temperature will fluctuate until the units are fixed. We can then set a temperature and find out what most people want for the temperature in the pool.

I understand some will like it cooler and some will like it warmer. We will have to wait till the units are fixed to actually find out what most people want as a result of usage.

I will send out a message when the units are repaired and stable. Till then please be patient and understand we can’t control the water temperature accurately at the moment.

If you have questions, please let me know.

Thank you,
Kim Fuller
President

President’s Message: Investigation of Bulk Cable TV/Internet Service Continues

Kim Fuller
President

Good Morning Residents:

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

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

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

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

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

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

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

Let me know if you have any questions.

Thank you,
Kim Fuller
President

President’s Message: View Correction

Kim Fuller
President

Good morning residents,

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

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

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

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

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

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

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

Thank you,
Kim Fuller
President

President’s Message: Petition to Court for By-Law Changes

Kim Fuller
President

Hello residents,

As you all know we had the annual meeting on 4/9/19.

There was a measure on the ballot to change the By-laws for ‘Member Approval Requirements’. This measure did not pass even though 80% of those voting on the measure were in favor of the change. For those that remember, this outcome was like the election on 1/11/19 when eliminating Cumulative Voting did not pass even though 70% of those voting on the measure were in favor of the change.

Let’s look at the current rules for changing the By-laws: The current By-laws require 51% affirmative votes of all the homes in the HOA to change a By-law. We have 3,450 homes in the HOA. Therefore, 51% of 3,450 homes means we need 1,760 votes in favor of a change, no matter how many people vote. If only 1,759 people voted, the measure would be defeated no matter how many of these people voted in favor of the change.

The problem is voter turnout. We have never had more than 63% voter turnout in the last 4 years. Given the largest voter turnout in the last 5 elections was 62.49%, or 2,174 ballots, it would take an 80.96% conversion rate to pass any By-law change. In this last election we only had 1,823 ballots submitted, which is a voter turnout of 53.30%. In this last election to change the By-laws it would have taken a conversion rate of 95.70% to pass. Even though 80% did vote to pass, it was not enough because no matter how many people submit a ballot, it takes 1,760 affirmative votes to pass any change.

We have now tried twice to make changes to the By-laws and were unsuccessful even though 70% to 80% of those people voting wanted to make the change. So, what is the alternative?

California Corporations Code Section 7515 allows for the HOA to Petition the Court to approve a change to the By-laws if rules are too restrictive and unduly difficult. Clearly the Civil Code understands and has provided for a process to implement a change in the By-laws given that trying to pass such changes might be unduly difficult, perhaps impossible for the HOA with the current voting requirements. If you Internet search on ‘Corp. Code 7515’ you can read the sections that describe this process.

At the April 29th Board meeting the Board passed a resolution to petition the court on the following items:

  1. From Election 1/11/19, Change the By-laws, Section 4.4.5 to Eliminate Cumulative Voting.
  2. From Election 4/9/19, Change the By-laws, Section 14.4.1 for Member Approval Requirements.

If the court were to grant the petition, it would mean cumulative voting would be eliminated in the future. It would also mean that to change the By-laws it would take two-thirds of the votes cast on a measure when ballots are received from at least a majority of the Voting Power of the Members. If this proposed rule had been in place in the last two elections, the two measures would have passed.

The court has set a hearing date on that Petition for August 16, 2019 at 8:30 AM in Department PS2 of the Superior Court located at 3225 E. Tahquitz Canyon Way, Palm Springs, California 92262. The Court has directed that all homeowners be notified by mail, at their official mailing address for HOA business, and that any papers opposing the Petition must be filed with the court and a copy be served on counsel for the HOA, Pejman D.Kharrazian of Epsten Grinnell and Howell APC , 10200 Willow Creek Rd , Suite 100, San Diego, California 92131 on or before August 5, 2019. Any papers should reference Case NO PSC 1903711.

Consequently, and following the court’s specific instructions, documents relating to this Petition will be mailed out to you beginning Thursday June 27, 2019. The exhibits in support of the Petition, some 305 pages, will not be mailed to you but will be made available for review at the HOA office and can be found on the official SCSHCA web site along with the other documents relating to the Petition. The referenced exhibits are merely copies of all the documents which have been previously furnished to you in connection with past ballots, along with the reports from HOA Elections tabulating the voting results of the two elections. You have seen these documents before either in hard copy or on a flash drive, and as a result the court did not require the HOA to go to the substantial expense of copying them and mailing them out once again. The materials being mailed to you are for notice purposes, and the Petition does not require you to vote, to appear, or do or file anything unless you wish to oppose the Petition of the HOA. Since this matter is a public hearing, any homeowner has the right to attend the hearing.

Should you have any questions please let me know.

Thank you,
Kim Fuller
President

☞ Petition to Court for By-Law Changes Documents

President’s Report – July 2019

Kim Fuller
President

Bulk Cable TV/Internet Service

Another beautiful day in paradise. Sometimes it is best to take a break and appreciate what we have and just how nice it is to live in Shadow Hills. As Karla and I watched the sunrise, she turned to me and said, “I just love living here and looking at those mountains. We are lucky.” Sometimes it is the little things, staring right at us, that matter the most. Please enjoy your day.

The Board has been investigating the pros and cons of a bulk cable contract for the HOA at the request of many residents. This is a negotiation with the cable/internet companies to provide internet and TV services for a period of five years in order to have a reduction in the monthly fee. The Board appointed a committee to investigate and gather information for the Board’s review. I want to thank that committee for all their work, and for any future work we might need. That committee has recommended the Spectrum program, but the Board is still negotiating with Frontier. This does not mean the program has been approved but, if a bulk cable program is approved, Spectrum is the recommended choice of the committee. The Board will decide on the final program and with which company to go forward if approved.

That information has been given to the Board and the Board held some town hall meetings in late June to explain the information, listen to comments, and answer questions. Those town hall meetings were video-taped and are available on our website here: scshca.com/bulkcable. So, please take some time to view those meetings. Many questions will be answered.

After you view the videos, please let us know your comments or questions. The Board’s goal is to gather as much information as possible so the Board can make a responsible and informed decision about how to proceed. To this end we will need everyone’s comments, both pro and con, to have a complete picture of the situation and how it affects the HOA.

We will be sending out a survey through our e-blast system to find out your thoughts on having such a cable contract. This survey is only available electronically so, if you are not signed up on the e-blast system, be sure to do so. Only after these steps of gathering information are complete, along with resident input, will the Board decide how or if we move forward with such a contract. It is estimated that the Board will not vote on this program until at least its August meeting. Be sure to give us your comments before that date.

Some of the basic points we now know about implementing such a program:

  1. Every homeowner would have to participate; there is no opt out provision from either company.
  2. There are no provisions for putting services on hold if you are gone for a period of time.
  3. The HOA would pay the monthly fees, and the homeowners would pay the HOA by having their monthly assessment increased by that amount.
  4. Services include TV with about 200 channels and internet with download speed of 100 Mbps. Upload speeds will vary depending on the company.
  5. The total cost for the services including taxes and fees is estimated at $45 to $48 per month.
  6. Land line phone is not included, but can be added for about $10 per month, billed directly to the homeowner.
  7. The program includes two set-top boxes and two HD DVRs.
  8. Additional boxes and DVRs may be added for additional cost, billed directly to the homeowner.
  9. The program will be decided by a Board vote, not a vote of the homeowners.
  10. By-law Section 9.2.2 (a) (v), allows for a five-year contract with a cable company.

As you can see, there is much to consider. Please let us know your thoughts and comments, both for and against such a program. Hopefully at the August meeting the Board will vote to decide on an outcome. Let me know if you have any questions.

In the meantime, please enjoy the gorgeous sunsets and great neighbors, and be thankful we get to live in a little slice of paradise. Please enjoy the beautiful sunny days and stay safe in your travels, and don’t ever forget, it doesn’t get any better than this!

Kim Fuller
President

President’s Message: Bulk Cable TV/Internet Service

Kim Fuller
President

Good Morning Residents:

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

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

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

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

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

Thank you,
Kim Fuller
President

 

President’s Message: Bulk Cable TV/Internet Service

Kim Fuller
President

Good Morning Residents:

The Board has been investigating the pros and cons of a Bulk Cable Contract for the HOA at the request of many residents. This is a negotiation with the Cable/Internet Companies to provide Internet and TV services for a period of five years and to reduce the amount our residents are paying for internet and TV services. The Board appointed a committee to investigate and gather information for the Board’s review. I want to thank that committee for all their work, and for any future work we might need. The Board is considering proposals from both Spectrum and Frontier. The Board will decide on the final program and which company if approved.

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

  1. Thursday, June 20 at 9:00 a.m.
  2. Thursday, June 20 at 2:00 p.m.
  3. Friday, June 21 at 1:00 p.m.
  4. Friday, June 21 at 6:30 p.m.

All the meetings will be in the Main Ballroom in the Montecito Clubhouse. There will be a presentation about the different points of a bulk cable contract and how it would be implemented if the Board decided to move forward. There will also be time for anyone to make comments on such a contract. Please try and make one of the meetings so the Board can hear your questions and comments.

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

We will be sending out a survey through the E-Blast system to find out your thoughts on having such a Cable contract. This survey is only available electronically so if you are not signed up on the E-blast system sign up on this link: www.scshca.com/emailsignup/. Only after information gathering and resident input is complete, will the Board decide on how or if we will move forward with a Bulk Cable Contract. It is estimated that the Board will not vote on this program until at least the August meeting. Be sure to give us your comments before that date.

Some of the basic points we now know about implementing such a program:

  1. Every homeowner must pay the bulk cable monthly fee, there are no opt out provisions from any company.
  2. There are no provisions for putting the basic services and monthly HOA fee on hold if you are gone for a period of time.
  3. The HOA would pay the monthly fees to the cable company and the homeowners will pay the HOA by increasing their monthly assessment.
  4. Services include TV with about 200 channels and Internet with download speed of 100 mbps. Upload speeds will vary depending on the company.
  5. One of the proposals will include HBO, Showtime, Golf, Tennis, PAC 12, and NFL Red Zone.
  6. The total cost for the services including taxes and fees is estimated at $43 to $50 per month.
  7. Land line phone is not included, but can be added for about $10 per month, billed directly to the homeowner.
  8. Program includes two Set Top Boxes (STB) with two HD DVR’s.
  9. Additional boxes and DVR’s may be added for additional cost, billed directly to the homeowner.
  10. The program will be decided by a Board vote, not a vote of the homeowners.
  11. By-law, Section 9.2.2 (a) (v), allows for a 5-year contract with a cable company.

As you can see there is much to consider. Please let us know your thoughts and comments, both for and against such a program. Hopefully at the August meeting the Board will vote to decide on an outcome. Let me know if you have any questions.

Thank you,
Kim Fuller
President

 

President’s Message: Bulk Cable Contract Town Hall Meetings

Kim Fuller
President

Good Morning Residents,

A Beautiful day in Paradise and perhaps the wind will take a break so we can all enjoy the outdoors before the hot weather approaches.

It has been requested, and as a result the Board has been investigating the pros and cons of a Bulk Cable Contract for the HOA. This is a negotiation with the Cable/Internet Companies to provide internet and TV services for a period of five years in order to have a reduction in the monthly fee. The Board appointed a committee to investigate and gather information for the Board’s review.

We will be holding open Town Hall Meetings to present information about such a possible contract. The Board has not reached a decision on such a contract but is still investigating. As part of that investigation we will hold Town Hall Meetings to present the information and then to answer questions and allow residents to make comments. The goal is to find out what the residents concerns are before any decision is made.

There will be four Town Hall Meetings:

  • June 20 at 9 a.m and 2 p.m.
  • June 21 at 1 p.m. and 6:30 p.m.

All the meetings will be in the Main Ballroom in the Montecito Clubhouse. There will be a presentation about the different points of a bulk cable contract along with how it would be implemented if the Board decided to move forward. Then there will be time for anyone to make comments about having such a contract. Please try and make one of the meetings so the Board can hear your concerns and comments.

After the Town Hall meetings we will be sending out a survey through the E-Blast system to find out your thoughts on having such a Cable contract. After these steps of gathering information is complete, along with resident input, the Board will decide on how or if we move forward with such a contract.

Let me know if you have any questions. Please enjoy the beautiful sunny days and stay safe in your travels.

Thank you,
Kim Fuller
President

 

President’s Report – June 2019

Kim Fuller
President

Hello, residents!

As you all know, we had the annual meeting on April 9, 2019, to elect the new Board. Congratulations to Linda Aasen on joining the Board for the next two years.

There was also a measure on the ballot to change the CC&Rs and By-laws for “Member Approval Requirements.” This measure did not pass even though 80 percent of those voting on the measure were in favor of the change. For those that remember, this outcome was like the election on January 11, 2019, when eliminating Cumulative Voting did not pass even though 70% of those voting on the measure were in favor of the change.

Let’s look at the current rules for changing the CC&Rs and By-laws: They require 51 percent affirmative votes of all the homes in the HOA to change a CC&R or By-law. We have 3,450 homes in the HOA. Therefore, 51% of 3,450 homes means we need 1,760 votes in favor of a change, no matter how many people vote. If only 1,759 people voted, the measure would be defeated no matter how many of these people voted in favor of the change.

The problem is voter turnout. We have never had more than 63 percent vote in the last four years. Given the largest voter turnout in the last five elections was 62.49 percent, or 2,174 ballots, it would take an 80.96 percent conversion rate to pass any CC&R or By-law change. In this last election we only had 1,823 ballots submitted, which is a voter turnout of 53.30 percent. In this last election to change the CC&Rs or By-laws, it would have taken a conversion rate of 95.70 percent to pass. Even though 80 percent did vote to pass, it was not enough because, no matter how many people submit a ballot, it takes 1,760 affirmative votes to pass any change.

We have now tried twice to make changes to the CC&Rs and By-laws and were unsuccessful, even though 70 – 80 percent of the people voting wanted to make the change. So, what is the alternative?

California Corporations Code Section 7515 allows for the HOA to petition the court to approve a change to the By-laws, if rules are too restrictive and unduly difficult. Clearly, the Civil Code understands and has provided for a process to implement a change in the By-laws given that trying to pass such changes might be unduly difficult, perhaps impossible for our HOA with its current voting requirements. If you do an internet search on “Corp. Code 7515” you can read the sections that describe this process. We are not able to petition the court for a CC&R change because the rules are different and do not allow for changes given the number of affirmative votes cast in favor of the change. So, the CC&R measure will stand.

At the Board meeting on April 29, 2019, the Board passed a resolution to petition the court on the following items:

  1. From Election 1/11/19, Change the By-laws, Section 4.4.5, to Eliminate Cumulative Voting.
  2. From Election 4/9/19, Change the By-laws, Section 14.4.1, for Member Approval Requirements.

If the court were to grant the petition, it would that mean cumulative voting would be eliminated in the future. It would also mean that, to change the By-laws, it would take two-thirds of the votes cast on a measure when ballots are received from at least a majority of the voting power of the members. If this proposed rule had been in place in the last two elections, the two measures would have passed.

I placed this item on the agenda for a Board vote because, at this point after two elections, I believe the rules for making changes to the governing documents are so restrictive and unduly difficult that change will not be possible. When “yes” votes outnumber “no” votes by about 1,000 homeowners, something just might be wrong with the system. If we are successful, it will validate that, when 70 – 80 percent of homeowners want to make a change, it is possible.

It is now time to enjoy the sunset and know: “It doesn’t get any better than this.”

Kim Fuller
President

President’s Message: Burrtec Dumpster Removal

Kim Fuller
President

Hello Residents,

Several attempts were made to inform members of the purpose of the “spring cleaning dumpster,” including notices, and even having a sign placed on the dumpster stating to not drop off furniture or large items, only trash. It was continuously reported that large furniture items were still being dumped in the Burrtec dumpster and that the sign was removed from the dumpster. It is due to these reasons that the Board had to act and consequently the dumpster has been removed.

Thank you,
Kim Fuller
President

 

President’s Report – May 2019

Kim Fuller
President

The Board election is now over, and a new Board begins with so much about to unfold. But some constants remain, constants that remind us we live in a beautiful place with wonderful people. Combine that with the first light that breaks across the horizon and casts a red glow on the mountains, and you can’t help but think how lucky we are to live in this paradise called Shadow Hills. A feeling that warms your heart knowing we are all working together for another beautiful day. It just makes you smile and be thankful.

We are about to start on some different projects that have been approved: tennis and pickleball court improvements, tiling of the indoor spa, seal coating of Sun City Boulevard in Phases 1 and 2, and of course the Montecito Clubhouse remodel.

The clubhouse remodel will complete the work done by the volunteer residents that served on the Interior Design Committee over the past two years. There will be new carpet, painted walls, wallpaper, lighting, furniture, and accessories. Work is scheduled to begin May 14, so hopefully there will be a little less disruption given that many will have left the area.

Many residents have inquired what will happen with the furniture, paintings, and accessories that will no longer be used. Some have inquired if they could purchase some of these items scheduled for replacement. All the furniture and accessories that will be replaced will be up for sale on May 13, a one-day sale. Residents will be able to place bids on the items they want from 9 am - 3 pm. Winners will be notified no later than 3:30 pm and must have the items out of the clubhouse no later than 6 pm that evening. We realize it isn't a very long time for folks to get their stuff out, but we need to start the demolition work on Tuesday, May 14. Any furniture and/or accessories not taken by the residents will be donated. So, if you want to participate in this one-day sale, be sure to plan on having people to help you remove any items you purchase. Feel free to talk with staff about the items that will be up for sale.

I wish to thank all the committed homeowners who volunteer their time to participate on the many committees who keep our community operating smoothly. In the last two years, many new committees have begun, and this helps all of us enjoy this paradise even more. Many hands make for little work and a more positive outcome. Without all these dedicated individuals, our community would not operate so well. As you see them, step up and say, “thank you”; they can never hear it enough because the sacrifice of their time enhances our lives.

I am grateful for the opportunity to serve alongside these many volunteers, including the Board.

So, when the sun sets on this day, also reflect on the beautiful sunrise, the “good morning” greetings from your neighbors, and all of the kind people who have gathered in this community. No doubt about it: “It doesn’t get any better than this.”

Kim Fuller
President