Presidents Message: Overview of Podcast #284

John MacDonnell
President

Audio may be found at: www.scshca.com/podcast284

Below is a synopsis of this episode.


I know I just did a podcast yesterday but now I'm back with just a short one. There are two issues I want to address:

1. COVID-19 Tiers: There is a lot of information out there that people have been reading in newspapers or online that we should be in the yellow tier. I just got off the phone with the CDS Riverside and they told me that we're still in the orange tier and that I'm not to release us to any other tier. I'm waiting to hear back from a gentleman named Jose, the CDC Public Address person for the County of Riverside, and I should be getting more information from him. But I'm holding fast for now that we're still in the orange tier but will move to yellow just as soon as we can do it.

2. Montecito Pool: I want to apologize to you for the Montecito Pool. I went down there at 11:30 this morning and met with our General Manager and a couple of our team members and the pool still is not to my standards. I have to, as a professional general contractor, give you the best possible job for that pool. When they jack hammered out the plaster that wasn't quite correct, some of the tiles came loose. They were going to replace those tiles but after knocking on a few of those tiles and hearing hollow spots behind them, I was not convinced that it was in the best interest of the Home Owners Association to leave that pool with those tiles in it. So I have asked them to remove all the tiles in the ribbon between the coping and the plaster itself and to reset all the tiles. I did that simply because I don't want problems down the line where the tiles will come loose and then we'll have to repair the pool every so often.

So it's going to take an extra four days. We were planning on reopening on the 21st and now it's going to be Friday, the 25th. But I felt that it was not up to the standards of what we deserve here at Sun City Shadow Hills so I took the liberty of making sure that it was done right.

So, that's all I have for you today. I look forward to getting back to you as soon as possible about the COVID-19 tiers for our community and an update on what's happening for the 15th of June to go to green. I'll be back to you as soon as possible through either a podcast or through Tyler at the HOA office. Thank you for your time, drink lots of water -- it's hot out there -- and I will see you out there.

Presidents Message: Overview of Podcast #283

John MacDonnell
President

Audio may be found at: www.scshca.com/podcast283

Below is a synopsis of this episode.


First, I want to remind everyone to drink lots of water with the temperatures rising. And I also want to thank Gus Ramirez for setting up all the equipment for each of these podcasts. I really appreciate it, Gus. Bob Firing can't be here today but I hope to see him back soon.

1. Montecito Café: Everyone misses it. I love it, but we can't make it come back by just snapping our fingers. Due to safety concerns and the numbers being down, the last administration decided to close it-- temporarily, I believe. Kathy Lindstrom with the Food and Beverage Committee is trying to save the Café and the Board will be carefully looking into their recommendations.

2. Montecito Pool: Sorry -- we had hoped it would be open by now, but there were things wrong with the pool that required us to start all over again. It's under construction now and I check it every couple of days with the knowledge from my years of experience in construction. We hope it will be open -- cold and beautiful -- by June 21st, but I can't promise.

3. Comedy Night and Other Shows: Sir Laughs-a-lot, Let's Meet and Eat and others will be back as soon as Covid restrictions allow. Julie Johnston is ready to sell tickets so when they are available, don't wait. They will go fast.

4. COVID-19 Update: The local CDC is our guide. They are in our hospitals, our neighborhoods and our businesses so they know best. The Board is proactive and ready to move as soon as we get the word. We're hoping for a June 15th release, but we can't promise.

5. Rumors: There are lots of them here and it's like getting your information from a Cracker Jack's box. We'll clarify anything that comes up. I'll do more podcasts if they are needed. We don't want rumors ruining our lives.

6. Podcast Transcriptions: Some of you have asked for transcriptions so you don't have to listen to a podcast. I am happy that we now have a volunteer experienced in writing and editing who has offered to provide these now.

7. Delegation: Some of you are saying that we aren't doing our job -- and that I'm not doing my job. I am out there all the time doing my best but I won't be a micro manager. I can't do everything here, so I delegate when appropriate to our very capable Assistant General Manager and our very capable General Manager. They will get back to you with the information so I don't have to go to them and then back to you. I am learning as I go but I don't know everything.

8. Dogs and Hot Paws: This important issue makes me tear up whenever I see it. As our temperatures reach 110 and 120, if you can't walk barefoot on our pavement, asphalt, and grass, your dogs shouldn't either -- especially along Sun City Boulevard. They are our substitute children and please be sure to provide water for them.

I'm looking forward to seeing you in our neighborhood -- forward and upward! Thank you for your time.

President’s Report – June 2021

As published in The View, June 2021:

John MacDonnell
President

Get On Board

As I sit down to write this, I have been your new HOA Board President for a little over 30 days, during which I and my fellow team members on the Board have been beneficially busy. I have focused on familiarizing myself with the many staff personnel and various contractor employees that make our community operate on a day-to-day basis. I have also enjoyed meeting with members of the various Advisory Committees, as well as our selfless volunteer homeowners, to gain a better understanding of their efforts and ideas for improvements within their committees. People like this, each with a generous amount of devotion to this community, have made it possible for everyone else to focus on the business of making our community even better. I would also like to acknowledge the continued support, assistance, and encouragement that I have received from so many of you as our new administration commences with a different approach.

Within the last month I have come to understand that change takes time. I know that many of you feel much more comfortable about this new administration, and even proud to live in this community again, however there are some who still feel wary about this new approach. Like all great things, it does take time, patience, and understanding to find common ground when opposing views intertwine. Remember, we may disagree, but we must do it agreeably, so that collectively, we can find the best way to make our community enjoyable for everyone invested.

I would also like to broaden the impact that our selfless volunteers have had on our community. Any amount of help, whether minute or grand here and there, is the backbone of our new success as a community. While the Board is working with matters like the stability and continuity of a desirable community, our fellow volunteer homeowners have been dedicating their time in a wide variety of ways. Some have come from backgrounds as teachers, some as scientists, and some ran their own businesses. It may help or it may not even matter what one’s background is. All that really matters is their invested determination to help strengthen our community during such a brief transition. Within only a few days, many of our selfless new volunteers expressed an interest, were interviewed, and placed into positions in a wide range of committees. I would like to thank and congratulate all who have contributed thus far. Here are a few that have allowed me to announce their acceptance:

  • Toni Caylor – Chair, Covenants Committee
  • Kathy Lindstrom – Chair, Food and Beverage Advisory Committee
  • Jeff Kirkpatrick – Chair, Safety Advisory Committee
  • Paul Priebe – Food and Beverage Advisory Committee
  • Sue Krogsdale – Food and Beverage Advisory Committee
  • Frank Molnar – Covenants Committee
  • Plus four new members to Emergency Preparedness Sub-Committee

A list of all our committees is available in The View and can also be found on our community website at www.scshca.com/volunteer. If any committes interest you, please download and submit an application to our assistant general manager, Vanessa Ayon, at vanessa.ayon@associa.us. From there, an interview, availability check, and any other supporting experience you may have, will be reviewed, and submitted to the committee chairs, who will contact you about your application.

Together we can keep growing as a community, and – whether you do it today, tomorrow, or sometime in the future – you will find there are many ways to share your expertise for the betterment of our community. I am excited to meet new volunteers and welcome their strengths as we move forward. Thank you for helping us all prove that Sun City Shadow Hills can become even better.

P.S. The Board, our volunteers, committee chairs, and especially the members of our community, are excited to see the progress toward entering the State’s “Yellow Tier.” We hope this is the case by the time this message is published. Upward and onward – I’ll see you there!

Contact the author at john.macdonnell@scshca.com

President’s Message: 5/14/2021

John MacDonnell
President

Good morning,

Please note that the Association has been and continues to follow State and County guidelines, and not the CDC recommendations.

At this time, there is no change to the current COVID-19 procedures; masks continue to be required indoors.

We appreciate your patience as we follow the State and County guidelines.

Thank you,

John MacDonnell
President

President’s Report – May 2021

As published in The View, May 2021:

John MacDonnell
President

As you read this, my first President’s Report, you should keep in mind that it is being written just hours after our April 6 election. Because of publication deadlines for The View magazine’s May issue which will first arrive in some of your mail tubes the last few days of April, this is necessarily both a quick look back and prediction of things to come.

The first thing I want to do is recognize and thank all of those who entrusted me and Moira MacLeod-Foster, our new Treasurer, with your support, confidence, hopes, and your votes. To those of you who voted for other candidates, I thank you for participating and voting and, although I can understand and appreciate the disappointment some may feel, Moira and I assure you that your views and comments during our campaigns were heard and informed us. We will endeavor as much as possible to keep these things in mind as we work to do the jobs entrusted to us.

Elections can be difficult times in any community, and that is because differences on matters of concern to many are naturally highlighted. The fog of spirited debate can often distract us from the main goal of our community, which is to find things we all have in common and build upon those. In this way, we build a stronger, better, and more successful place to live and enjoy.

It is my sincere hope that our divisions and differences will quickly subside and that all of our best efforts will help us make our community all it can be. I believe it can and will get better than it has been while, at the same time, prove to be what we all envisioned when first coming here. I strongly believe in the view expressed by a former Board member, that in our community being a Director on the Board is not so much about power as it is about service. I also pledge to be as open and transparent as possible.

Now to the predictions that I mentioned, and which I hope you will all be starting to recognize even in the short time that will have elapsed since the election. I hope that the new line-up of Board officers will demonstrate a commitment to you that nothing is and should be written in stone in a healthy and vibrant community. Your new Board members will be working hard with those concluding their terms during the next year and will be reviewing, reconsidering, and in some cases tweaking and changing past decisions that proved unpopular or that unnecessarily divided us.

Some of the things which will undoubtedly occupy our time will be to closely examine our contractual commitments with various service providers who make this community function on a day-to-day basis, because it is and should be primarily the function of the Board to oversee those functions and not control them in every detail. We will be revisiting the makeup of our various advisory committees which have proven extremely valuable to the efficient operation of our community and which help us protect our financial interests keeping costs to a minimum. We also, where appropriate, will be looking to increase and encourage the involvement of new and talented members of our community to serve on those committees so that new and fresh views have a chance to thrive and contribute.

So please, if you have skill sets you wish to contribute and wish to have a say in how your community is run, step forward. It is an easy thing to enlarge those committees to utilize what others can bring to the table. We will be spending less of the Board members’ precious time dealing with small things and focus more on broader issues and future concerns, not the least of which is to encourage more of our homeowners to come out and vote for the type of community they desire.

Although we had a good turnout for this last election, we somehow failed to motivate slightly more than a third of our owners to vote. And that made it impossible to reach the necessary level to amend our governing documents. Changing the provisions of those basic contractual agreements to which we are all bound was designed not to be easy, but we should be able to get the necessary votes out to revise them when required by law and clearly within a hair’s breadth of passing. So, we must all focus on encouraging all owners to participate through voting in order to shape our community.

In future articles, I will be sharing this space with other Board members to offer their contributions and thoughts. I look forward to reporting that we are beginning to accomplish some of my predictions.

I wish to end with, and paraphrase and slightly alter the words of, a poem I have long admired by Robert Frost:

Our community is lovely and our members diverse and deep.
But I have promises to keep.
And miles to go before I sleep,
And miles to go before I sleep.

Now, to work, as I am sure it can and does get better than this.

Contact the author at john.macdonnell@scshca.com

Vice President’s Message: 4/28/2021

Johnny Goodrum
Vice President

What a great day this is, the weather outside is wonderful today. I hope all of you are enjoying this Wednesday.

As your new Vice President, I wanted to share with you that this page will now be a joint effort of our HOA President, John MacDonnell and myself. Both of us are excited that things are opening up and we are on the verge of entering the next tier. The Board has given our General Manager, Tyler Ingle and our Assistant General Manager, Vanessa Ayon, the task of getting things opened as we move to different tiers. This will allow quicker actions made to get us all back together. So many good things are already happening such as the Billiard Room at the Montecito Club House is now open. Some clubs and groups are planning activities, and there is much excitement.

We must however stay focused and wear masks when you cannot maintain six feet separation indoors. You, the Residents, and the Board have worked diligently in the last year to mitigate the spread of the covid virus and we want to maintain that diligence moving forward.

Here are a few of the items of Board actions that took place at the monthly meeting April 26th:

  • South driving practice range will reopen.
  • Fitness class passes will be available for purchase. Members may purchase 10 class pass for the price of 9.
  •  A Shred-It event will take place, (tentative date 6/5/21). Paper material only. Maximum of (2) standard size boxes per household. Please await official date announcement by the Lifestyle Department.
  • Single swimmer reservations have been discontinued at the Santa Rosa Pool. If you currently have a reservation, for single swimmer, it will be honored.
  • Golf play will resume the utilization of flag sticks and the ball retrievers will be removed. Club washers, rakes for the sand bunkers, tees, pencils and score cards, will be available for use.
  • Tennis ball machine will be back in service.

One of the other items is that the Board meeting was open to residents. The Board was very excited to see residents in person again and we hope to continue that process, so please come and attend the monthly meetings.

Please note that the Board voted to remove the emergency rule that was in effect and is working on a new and improved waiver that will be narrow in scope and protect all parties involved. The waiver is posted for 28 day comment here: www.scshca.com/proposed-revised-informed-consent-agreement-waiver/

Please submit your comments to rulechanges@scschca.com.

We appreciate your patience while we actively work to open as many activities within the State and County Guidelines.

Thank you,

Johnny Goodrum
Vice President

President’s Message: Waiver Questions 4/2/2021

Kim Fuller
President

Good afternoon residents,

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:

  1. 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.
  2. 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.
  3. 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:

  1. 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.
  2. 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.

If have additional questions: Please email the Board or contact Tyler Ingle (tyler.ingle@associa.us) or Vanessa Ayon (vanessa.ayon@associa.us) with your questions.

We all want to wish you a safe and happy holiday weekend.

Take care.

Kim Fuller
President

Presidents Message: Overview of Podcast #276

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast276

Below is a synopsis of this episode.


Good morning residents,

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:

  1. 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.
  2. 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.
  3. 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:

  1. 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.
  2. 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.

Kim Fuller
President

President’s Report – April 2021

As published in The View, April 2021:

Kim Fuller
President

VOTE, VOTE, VOTE, PLEASE VOTE!

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.”

Contact the author at kim.fuller@scshca.com.

President’s Message: Current Guidelines 3/23/2021

Kim Fuller
President

Good Morning Residents.

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.

Kim Fuller
President

Presidents Message: Overview of Podcast #275

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast275

Below is a synopsis of this episode.


 

The Big Secret Is No Longer a Secret

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:

  1. 25 year lease at a reasonable rate. That we were going to get from the BOR.
  2. 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:

  1. 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.
  2. 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.

If you have questions, please let me know.

Kim Fuller
President

Presidents Message: Overview of Podcast #269

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast269

Below is a synopsis of this episode.


 

Waivers and Rules

Short version:

  1. The HOA may require waivers.
  2. Current rules require waivers only for fitness center/outdoor sports activities.
  3. Current rules do not require waivers for Clubs/Groups.
  4. Owners are responsible for their guests even without a waiver.
  5. 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.
  6. Board will evaluate possible new rule about Waivers for Clubs/Groups.
  7. Board will be distributing new waiver for resident comment.
  8. Process for new waiver will take about 60 days.
  9. 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:

  1. 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.
  2. 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.
  3. 2.5.1 Right of Association to Regulate Common Area Uses. Rules about guests, membership cards, RV’s, who qualifies to use facilities, etc.
  4. 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.
  5. 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.
  6. 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,
  7. 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.
  8. 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

  1. 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.
  2. 6.3 Invitees and Guests. Guests may use Common areas but are subject to all rules regarding guests. Again, no unrestricted access.
  3. 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.

Kim Fuller
President

President’s Report – March 2021

As published in The View, March 2021:

Kim Fuller
President

PLEASE VOTE!

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.”

Contact the author at kim.fuller@scshca.com.

Presidents Message: Overview of Podcast #265

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast265

Below is a synopsis of this episode.


 

Hello residents,

Here is a summary of the podcast.

The Board has received questions about the new waiver being distributed by the HOA to all Clubs and Groups. Why is it being done now? In the hope that the State will start to allow the opening of indoor facilities soon, we need the waivers in place for residents to use the Clubhouses. With COVID, the HOA needs to protect itself from COVID claims and the new waiver has such protections. Since there is no insurance for a COVID claim, and residents could be personally liable for any such claim, the HOA needs new waivers in place before residents may use the Clubhouses so that all residents are protected against any such claim.  So, before residents can use the Clubhouses, we need these new waivers signed to protect everyone.

We have received questions as to why we need to have waivers at all. Not all residents sign a waiver. It is true not all residents will sign a waiver. There is no legal requirement for a resident to sign a waiver just to live here. A person may live here, and if they do not use Common facilities like the pool, gym, tennis courts, etc. they would never be required to sign a waiver, nor can we make them sign a waiver. Governing documents allow residents to live here and use the streets without signing any waivers.

Simply put waivers put in writing that residents and guests are responsible for their own actions and so they may not file a legal claim for damages. Without such waivers the HOA would be responsible for every accident and claim against the HOA. This would lead to increased claims, increased costs to insurance companies and eventually our rates would increase, or possible insurance companies would not insure us because the risk is too great.

Insurance is for the unexpected and not for the controllable daily acts. Insurance companies do not like businesses that are not proactive in controlling events to help reduce frivolous claims. This not only means taking actions to always ensure safety, but it also includes waivers to explain to residents in legal terms they are responsible for their own actions and so they will not sue the HOA just because an accident occurred on HOA property.

The HOA requires a waiver from those residents and guests that want to use Common Area Facilities like the tennis court, Clubhouse, golf, pool, gym, etc. The HOA has a right to ask for a signed waiver to protect itself from residents using the Common Property. One viewpoint is that all residents and guests using Common Property should sign a waiver. Another viewpoint is that only sport related activities need a waiver, and some residents prefer waivers to be eliminated. The HOA has required a waiver for activities since the beginning of the development. A card player for example, may fall on their own accord in the hallway, break a hip, and then want damages from the HOA simply because their fall occurred on the HOA property. The HOA does not agree that all residents should be able to file a claim and be paid for damages when the accident is the responsibility of the resident.

We are permitted to get waivers from all residents and guests that participate in Club activities, this has been done for years. We get waivers on all residents and guests using the Clubhouse gyms, pools, etc. where we have a main point to check in. We have not gotten a waiver from a resident that happens to buy a ticket for a concert for example, and we don’t have residents sign a waiver to attend that concert. It is correct that we do not have waivers on everyone for every activity. We do the best we can to get waivers but given our circumstances and the different activities we cannot always get waivers for every person for every activity. But that does not mean we should stop getting waivers entirely.

The Board is now, because of a resident request, looking at ways to get more waivers on residents and guests that attend any function, but it is difficult to make that happen. The Board is not looking at removing the waiver requirement that has been in place for years. If residents voted to remove the waiver requirement entirely, knowing all such claims would be paid by the HOA, and possibly each resident personally, and knowing our insurance rates would increase dramatically, that could be a point of discussion if most residents wanted to follow that path.

The Board currently believes that just because some people don’t sign a waiver does not mean we should not get waivers on everyone we can in order to protect the HOA from frivolous lawsuits and claims. I have personally been in court representing the HOA against claims that were the responsibility of the resident, but the resident was seeking damages just because the accident occurred on HOA property. Fortunately, because of waivers and other printed material the judge found in favor of the HOA. The Board believes waivers are in the best interest of the residents of the HOA to protect them legally and financially. Our insurance rate went up $20,000 in one year just because the number of lawsuit threats by residents increased, even though no claims were filed, but just the threat of a claim increased the rate. When insurance rates increase, monthly dues are also increased, so it is in our best interest to do everything we can to keep insurance rates as low as possible.

Board will be looking at ways to require everyone to sign off on a wavier for all activities. But we do not believe it can be 100% foolproof and there will always be people not signing a waiver. Example: if we hold a free concert outside on the driving range, we will not be able to get waivers on every person unless we gate off the concert and make everyone sign a waiver as the enter the concert. We don’t feel that is efficient, so the HOA takes on more legal liability risk in that case. Some residents believe non-sport activities should not sign a waiver, the Board disagrees. But that discussion will take place on Monday to decide on a future course of action and if any changes to waiver requirements will be implemented.

Currently the Board believes the crafts club should sign a waiver, card players should sign a waiver, and anyone using Common Property should sign a waiver. Anyone can have an accident on the Common Property and the HOA Board feels we should protect ourselves from those residents that try to make money for their own irresponsible actions just because the HOA has deep pockets. Just because we can’t get a waiver on every resident for every activity does not mean we should stop getting waivers. We do the best we can, but we also do the best we can to protect the HOA from frivolous claims which will increase costs to each resident.

Some residents believe that all claims except for sports related claims should be paid by the HOA. We get many claims not related to sports and when the HOA is not responsible the Board believes the HOA should not have to pay for such a claim just because the accident occurred on Common Property. Some residents believe that because we have insurance that is enough, the Board disagrees and in the end such actions will lead to higher HOA fees, or possible not being insurable.

Companies that have too many claims will be denied insurance coverage by the best companies with the lowest rates. Too many claims lead to higher rates or no coverage at all. Many insurance companies will not insure unless waivers are in place and they will inspect and approve such waivers. This is the case in my own business. The best insurance rates come from companies that know waivers are in place to protect against the irresponsible and frivolous claims.

Questions have also come up about guests and residents’ responsibility for guests. You are responsible for your guests; it is listed in the Governing Documents and has been that way from the beginning. If your guest goes through a stop sign, we write the ticket to the homeowner and the homeowner must then get reimbursed from their own guest. We do not have jurisdiction over your guests. Many residents have requested that homeowners should not be responsible for their guests. Once again, then HOA fees could go up to all residents for the actions of guests. One guest drove through the closed gates and caused $4,000 damage. We believe the HOA should not have to pay for that damage, so the homeowner was billed for the damages and the homeowner needs to be reimbursed from their guest. We had one guest speeding. Three weeks later after getting a violation and fine, that same guest continued speeding. The homeowner was again cited for an additional $300. If we did not cite the Homeowner, the HOA would have little recourse in stopping such action by guests and the speeding would continue causing an unsafe condition.

COVID is still among us so please practice all safety measures. We have done extremely well in trying to control the spread of the virus given the actions taken by all the residents. We have confirmation on less than 30 cases in our community compared to 244 cases in SCPD.

As we have stated since last June, the HOA is not looking for violations of the State Order on private property, it is the responsibility of each resident to follow the State Order. The HOA cannot give permission for indoor gatherings on private property because it would violate the State Order.

Some have asked about gatherings among residents that have been vaccinated or opening the Clubhouse for use for those that have been vaccinated. Currently the State is granting no exception for vaccinated people, so we are not allowed to open the Clubhouses yet. Gatherings indoors for residents that have been vaccinated is also still not allowed per State Order. To protect all residents financially we must follow that State Order and hope it changes soon, but until then no gatherings are allowed indoors and outdoor gatherings are limited to 3 households.

If you have any questions be sure to let me know.

Take care and be safe.

Kim Fuller
President

Presidents Message: Overview of Podcast #264

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast264

Below is a synopsis of this episode.


 

Hello residents,

Here is a synopsis of the podcast.

Indoor Pool: Currently the Indoor is still closed. State and County Orders are specific that Indoor pools must remain closed at this time.

Gym and other Indoor Activities: Currently indoor activities are closed except for the library. Some residents have asked about opening the gym for people that have been vaccinated. Currently the State and County Order does not allow for this exception. We are all waiting and hoping such guidelines will change soon. For now the Board has no choice but to keep these activities closed according to the State Orders.

Library: The library did open for use on February 1 from 9 am to 4 pm daily. Closed on Sunday. daily. It is limited to one person at a time or people from the same household. If someone is waiting time is limited to 15 minutes. This is for residents only so guests are not allowed. Reservations are not required to use the library. The library is a specific exception in the State Order and may open.

Election Rules: Candidates can email residents and the HOA is required by State Law to give Candidates an email list of all residents unless a resident opted out of such a list. If you do not want to receive such messages just tell the candidate to stop sending the messages.

COVID Questions and Information: I have been asked about why other activities may not open and how does the Board decide on what can open and when. What is the risk if we open activities anyway?

First part of the answer is the Board is trying to proceed carefully to protect the health and lives of all residents, while still opening activities safely.

The Board has an obligation and responsibility under the Governing Documents to follow the Law. The Board cannot arbitrarily disregard the Governing Documents of the HOA without facing potential liability issues. Therefore, the Board has stated we are trying to follow the State and County Orders while allowing as many activities to open as possible, in accordance with the applicable State and County orders. Gatherings of no more than 3 households are currently allowed outdoors. Currently the State and County Orders do not allow for gatherings or visitors indoors, this is all part of the State Order from last March. So, the outdoor 3 household rule is an exception in the State Order from last March. The Board has made clear each resident is to be responsible for following the State Order on their property. The Board has also made clear, since last June, that the HOA is not looking for violations of the State Order on private property.

Where the implementation gets a little tricky is the legal consequences if we do something different. The Board receives the question ‘if we are not looking for violations on private property why don’t we just say it is OK to have gatherings in a private home’? The answer is because the HOA may not implement something illegal without being in violation of its own Governing Documents. Therefore, we have said the homeowner is responsible for following the State Law. We might not be looking for violations but that does not mean we are giving permission for residents to violate the State Law. Some residents have written to me to get permission for a party in their home, the answer is currently no, and until the State changes the Order, gatherings in a home are not allowed. We will investigate any complaint of noise or disruption because those are current rules for the HOA and have nothing to do with the State Orders.

The legal liability is quite huge for implementing the State Order incorrectly. If the HOA gave permission for having a party indoors in violation of the State Order, and then someone got sick and/or died, the HOA could potentially be held responsible for that person getting sick or dying. Such a claim is not covered by our insurance policy because virus related claims are excluded from insurance policies. If the HOA gave permission for a party or gathering inside a home, and a claim was filed, the residents would be responsible personally for all attorney fees and damages. This could easily mean a special assessment where each homeowner would write a check personally for the claim. This is something the Board is protecting very carefully to ensure the residents are not financially responsible for such a claim. It is unknown how much a potential claim could be, but legal fees and damages could be hundreds of thousands of dollars.

So, as we begin the opening process the Board is carefully evaluating the HOA’s ability to follow the State and County Orders in reopening its facilities so that residents are not liable for any lawsuits resulting from the HOA not following State guidelines.

Crack Repair: The HOA Board has hired an independent civil engineering company to write the specifications and inspect the work that is being done for crack repairs. This work is part of a master plan by the engineering company to help ensure the asphalt is maintained correctly with the least long term cost.

Crack repair work is going on in phase 1 and 2. Residents have asked why they can still see the crack repair when it is done. These repairs will be visible when done unless we repaint the entire street and that is not scheduled to be done at this time. Painting of the street, called seal coating is not scheduled for another 1-3 years. We still want to do crack repairs now to protect the existing asphalt from premature failure because of water and/or blow sand getting into the crack. Asphalt is the most expensive item in the entire community, so the more we do to protect it from premature failure the less future costs we will have to pay.

Let me describe the work that is being done.

Phase I & II Crack Sealing – Project Report

The onsite engineering inspector is very pleased with the crack sealing IPS (the contractor) has completed. IPS is supposed to seal cracks ¼” or wider. Nothing is done to cracks smaller than 1/4 “. They have completed most of this work and actually a significant number of cracks less than 1/4” wide were also done. The reason we specify 1/4” or wider is that when a crack is less than 1/4” the crack seal material will not go into the crack very well due to the thickness and viscosity of the material. Crack seal material can and will settle in some of the wider cracks especially when they are closer to 1/2” wide or wider. Keep in mind the cracks are generally as deep as the pavement is thick. When sealing cracks that are closer to 1/2” wide the material will most likely settle. These cracks are sealed even though the material is not to the street surface. There are draw backs to making the contractor go back and apply more material in these circumstances. The result will be the material is likely to flow down the crack to the concrete gutter pan and pool on the concrete. Especially in the desert climate when temperatures are triple digits in the summer. The inspector does not recommend having the contractor do this. The crack does not have to have material to the level of the street to have been sealed correctly.

IPS was very diligent in their sealing process. They had two crews sealing cracks. Both crews consisted of two separate crack seal trucks working in tandem as they worked on a road. It is likely residents will find isolated cracks or portions of cracks at or near 1/4” wide that were not sealed. They do not measure every crack so some cracks just under at 1/4” might not be done. This is acceptable given the specifications.

The Contractor that is doing the parking lot, a different contractor, was watching the crack seal work being done and told us IPS is doing a great job and they even videoed the work for their own benefit.

We do not seal coat after this crack repair process unless seal coating is necessary and justified. You can apply too much seal coating which can cause a failure of the seal coating process. If you apply too much seal coating to the street, the seal coating will not bond to the asphalt and will cause cracking of the seal coat layers, eventually causing debonding. This cannot be repaired. If a street gets too much seal coating causing excessive hairline cracks looking like broken glass, all you can do is let it wear for as long as possible and then you need to put down new asphalt, awfully expensive. Some other HOA’s will seal coat too often because the street is no longer black, but grey, and many will think that it means they need more seal coating. This is not always true and needs to be inspected. One of the reasons the HOA has decided for an independent engineering report is so we do not rely on a contractor’s report which might be motivated by getting the work rather than what is best.

It is very possible the seal coating can look old and worn but it is still doing the job and should not be coated again until it is needed. Yes, streets will look grey but that does not mean we need to seal coat the streets. So, when we are done with the crack sealing work, we will not be seal coating the entire street which will mean all the crack sealing work will show.

Phase III Asphalt Cracks Report

Phase III streets are scheduled for crack seal and surface seal coat in 2024. After evaluating the cracks in Phase III there are intermittent cracks 1/4” wide and isolated cracks or portions of cracks near 1/2” wide. Most of the cracks are not wide enough for crack seal at this time. Based on the existing condition of the cracks in Phase III the engineer recommends waiting until January 2022 to perform crack sealing of select cracks that meet specifications. The current cracks in phase 3 are related to asphalt material shrinkage and thermal changes. They are not structural. Waiting so seal the larger cracks in phase 3 will not accelerate structural damage to the streets.

I wish you all a safe and healthy weekend and I will be back as soon as we have more information or if you have more questions, so let me know.

Take care, thank you, and see you soon.

Kim Fuller
President

Presidents Message: Annual Meeting Election Rules

Kim Fuller
President

Good morning residents:

Frontier: We sent a message that all residents could call for appointments to install the Frontier internet, including the 205 homes that were never installed with the Fiber optic cable. As many residents found out when they called Frontier was not ready and they were turned down for appointments. Frontier announced they resolved that problem so all residents may now call. Let us know right away if this is not the case.

Annual Meeting: The Annual Meeting for the election of two open seats on the Board will be held on April 6, 2021. Ballots will be mailed on about February 12 to all homeowners. If you decide to mail in your ballot it is due by April 5 at noon. There will be a ballot box in each Clubhouse so you can drop off your ballot if you so desire.

On the day of the election April 6, 2021 the polls will open at 9 am in the Montecito Clubhouse. You may drop off your ballot at that time if you have not already mailed or dropped it off. Polls will close at 10 am and no more ballots will be accepted.

Spectators will not be allowed because of the COVID restrictions, so the meeting will be done virtually. At about 10 am we will recess the meeting while the Election company counts the ballots, and we estimate to reconvene the meeting at 2pm to announce the winners of the Board election and the outcome of the ballot measures.

The Campaign rules for Candidates and their representatives are as follows:

  1. Signs may be placed in front of homes beginning March 7,2021. Signs may not be placed in the backyard of a home. I sign per candidate. Candidates have a choice of placing signs on Sun City Blvd or in front of homes, but they may not do both.
  2. There is no campaigning on Common Property without HOA permission. This means candidates may not walk up to people on the street, playing Tennis, Pickleball, Bocce, Golf, etc. to campaign and/or to hand out flyers.
  3. Candidates may hold meetings on Common Property with prior approval of the HOA.
  4. Candidates may go door to door between the hours of 10 am and 5 pm provided masks are worn at all times. Social distancing is required. Candidates may not leave information unless the homeowner agrees. Candidates may not leave information when a resident is not home. Candidates are able to go door to door now. This began on January 26. If a resident places a ‘No Solicitation’ sign in the front yard Candidates are not allowed to go to the door of that house.
  5. Candidates may not use the Mail tubes. These are for HOA use only.
  6. Candidates may mail letters to residents and the HOA is required by State Law to give candidates an address mail list of all residents unless a resident opted out of such a list.
  7. Candidates can email residents and the HOA is required by State Law to give Candidates an email list of all residents unless a resident opted out of such a list. If you don’t want to receive such messages you may request the Candidate to stop sending messages.

COVID Update: With the return to the Purple Tier in COVID guidelines, 3 households may meet together outdoors with restrictions. Masks are required if you cannot maintain 6’ social distancing. This can mean more than 6 people; the issue is households. If one household has one person, another household has three people, and the last household has four people living in the home, the gathering of eight people is allowed. No gatherings of any size or allowed indoors at any time. The 10 pm to 5 am curfew has been lifted.

As the vaccine is slowly distributed, please be careful and exercise caution, we still don’t want anyone sick if possible.

Have a great day and stay safe.

Thank you.

Kim Fuller
President

Presidents Message: Frontier Update (1/29/2021)

Kim Fuller
President

Good evening residents:

Frontier Update: All Homes are Open for Installation calls Tomorrow

For those last 205 homes that needed cable hook-up before calling for an install appointment, Frontier will be accepting phone calls for those 205 homes to place orders for installation starting tomorrow, January 30, by calling 844-660-0648. Do NOT call Frontier’s advertised number at 800-921-8101.

This means all homes can call for an appointment at any time. I have attached the information and instructions on making and appointment. The call center is open Monday to Saturday.

When installing your new internet service, Frontier can program the new wireless to your existing wireless password. If you want to keep you existing wireless password let the technician know so they will know to program the new wireless correctly. The advantage of keeping the same Username and Password is you will not have to reset any of your devices.

If you are having trouble with the system after it is installed, do NOT call the advertised Frontier number. You need to call the bulk cable division at 844-660-0648. If you call the regular retail number, you will not get correct service and tracking down the problem could take quite some time. You may also contact the HOA office for the onsite installation Manager for Frontier and they will be able to help you with any problems right away.

The good news is the install is going well so all residents can call in now. Everything is proceeding on schedule at this time and all residents that call for appointments should be hooked up by March 1. You can always wait and hook up anytime in the future at no charge if you happen to be away at this time.

Take care and stay safe.

Thank you.

Kim Fuller
President

Presidents Message: Overview of Podcast #261

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast261

Below is a synopsis of this episode.


 

Good Morning Residents.

Here are the highlights from yesterday’s podcast concerning the lifting of the Regional Stay at Home Order that was issued on 12/3/2020.

As a result of the new State Guidelines, the Board has implemented new guidelines for the opening of certain activities which is now allowed by the State and County.

As we move forward please be aware that the State’s Stay-at-Home Order from March is still in effect. There are exceptions to this order that we have incorporated into these guidelines. Please understand that the exceptions are not always consistent. Some activities are granted exceptions while others are not. For example, Restaurants can open outdoors but indoor activities are still closed.

Indoor gatherings are still prohibited for any size in any venue, so residents are not supposed to have visitors in their home. The only gatherings allowed indoors are for people that live in the same household.

Gatherings: With the lifting of the Regional Stay at Home Order, new gathering rules are in place for outdoor use. Gatherings of up to 3 households are now allowed outdoors. This means residents and/or visitors from outside the HOA may visit your home provided everyone remains outdoors. Social distancing and masks are still required if you can’t maintain at least 6’ apart.

Curfew: The Curfew of 10 pm to 5 am is no longer in effect.

Guest on Streets: The Board voted to allow guests to use the streets and North Channel area. Residents may now walk with children, grandchildren, or friends on the streets and/or North Channel area. Visitors may bike on the streets and ride in golf carts but age restrictions on who can drive a golf cart still apply. Keep in mind the use of skateboards and scooters (or motorized skateboards and scooters) is strictly prohibited within SCSHCA streets, parking lots and common areas.

Putting Course: Guests are now allowed to use the Putting Course behind the Montecito Clubhouse. Reservations are not required for the Putting Course.

Library: The library will open for use on February 1 from 9 am to 4 pm daily, closed on Sunday. It is limited to one person at a time or people from the same household. If someone is waiting time is limited to 15 minutes. This is for residents only so guests are not allowed. Reservations are not required to use the library.

Courts and Pools: Tennis, Pickleball, Golf, Pools, and Bocce have no changes. Outside play or visitors are allowed for golf, but visitors are not allowed for Tennis, Pickleball, Pools, or Bocce. Reservations are required to use any of these activities.

Dog Parks: There are no changes for the Dog Parks.

South Side Driving Range: The South Side of the driving range is still closed.

Clubhouses and indoor activities are still prohibited.

Shadows Re-opening for outdoor dining:

Takeout and Delivery will continue. Hours for outdoor dining: 10 AM-7 PM Every day.

Guidelines:

  • 4 people per table maximum.
  • No guests.
  • No changing of tables even if a seat is available at another table.
  • Reservations with the number of people may not change when you arrive at the restaurant.
  • Advance Reservations Required: Residents only and residents must show their Resident ID cards upon entry.
  • No Public Access.
  • Temperatures will be checked upon entry and if temp exceeds 100.0 you may not enter.
  • Masks required upon entering building.
  • Masks required to walk to table.
  • You may take your mask off once seated.
  • You need a mask when leaving the table for any reason, including going to the restroom.
  • Capacity: 6 tables outdoors based on distancing.
  • Limited Menu-Not the same as before.

Guests: The Stay at Home Order is still in effect. The State Order is still in effect about ‘Stay-at-Home’ and no gatherings indoors. Residents are responsible to follow the State Order. The HOA will not be looking for violations of the State Order on private property. The HOA will investigate any complaint of noise or conduct on private property. The HOA will enforce no guests in all areas of Tennis, Pickleball, Bocce, Basketball, Library, and the Pools.

Masks: Remember that masks are still required at all times if 6’ social distancing cannot be maintained.

The Board wishes you a safe and healthy weekend as we slowly move to reopen activities here at Sun City Shadow Hills.

Kim Fuller
President

President’s Report – February 2021

As published in The View, February 2021:

Kim Fuller
President

Much is happening in the next couple of months with the Board election, CC&R changes, and the completion of the Frontier install. The annual meeting for the HOA will be on April 6, 2021. The Board election along with two CC&R changes will be on the ballot, so all ballots must be in before that date. Please fill out and send in your ballot right away – it should arrive at your home in late February.

One of the CC&R changes relates to a new State law, California AB3182, that went into effect on January 1, 2021. Last month I described this new law which changes the minimum rental period to 31 days, from 90 days as stated in our CC&Rs. The HOA will not allow rentals for 30 days or less. Our HOA is required to follow the new State law even though our CC&Rs state something different. So, effective January 1, 2021, our HOA will not allow rentals for 30 days or less.

The new law requires us to change our CC&Rs to conform to the new State law, and an amendment will be on this year’s election ballot. Hopefully, we can get enough votes in favor of the change but, even if we do not, we will be required by law to enforce the new law no matter what our CC&Rs state. Unfortunately, we cannot simply revise the wording in our CC&Rs; residents must vote for the change in order to amend our CC&R document.

To change a CC&R provision, we need 51% of all homes to vote in favor of the change. This means we will need 1,760 affirmative votes to make it happen. If we do not get enough positive votes, we will have to leave the language in our CC&Rs the same – even though it will not apply and it will be different from the new State law.

When you receive your ballot, be sure to vote for this provision so we can hopefully align our CC&Rs with the State law. If we don’t pass this in April, we will have to hold a special election in the fall at a cost of $10,000 to try again.

The other provision the Board will present is a change to Bylaw Section 4.6.4, Balloting Time Requirements. This provision limits the time we can request ballots to 90 days. The proposed change will remove the 90-day limit so the HOA can still request ballots from those who have not voted after 90 days. The goal of this change is to have more residents participate and vote by giving the HOA more time to collect ballots. This change does not affect how many affirmative votes it takes to change the CC&Rs or Bylaws. It will still take 51% of all residents to make any change; this just allows more time to collect more ballots and increase participation.

There are four people running for the Board this April. Kim Fuller and Linda Aasen are running for re-election, while two new people are also running for the Board, John MacDonnell and Moira MacLeod-Foster. The Board election, along with the CC&R and Bylaw changes, will be on the ballot for the April annual meeting. Be sure to get your ballot’s in as soon as possible.

Phase 1 installs of the Frontier internet will have commenced by the time you get this article. We estimate all installs will be completed by March 1 for those that have requested service. If you have any questions, please let us know. There is an onsite supervisor here six days a week to help resolve any problems that might arise.

In January, I gave you the information about the new monthly dues rate for 2021 but, because there was one amount for January and a different amount for February through December, I thought it best to review your dues for the rest of the year.

The total monthly assessment per homeowner unit is $306 for February through December, which includes $12 per month for Frontier internet. The Board voted to issue each homeowner unit a one-time credit of $144, which was issued in January.

It has definitely been a most difficult time. Hopefully we can remain focused on helping each other to remain safe and healthy. Better days are coming, and I look forward to those special days again knowing, “It doesn’t get any better than this.”

Contact the author at kim.fuller@scshca.com.

Presidents Message: Coronavirus Update 1/26/2021

Kim Fuller
President

Good afternoon residents:

As you may have heard the State has lifted the Regional Stay at Home Orders from 12/3/2020. The prior Stay at Home Orders are still in effect including the Stay at Home Order from 3/19/2020.

The Board will be meeting tomorrow at 4:00 p.m. to go over the new guidelines from the State and County, but it appears we will be back to the guidelines from last November where three households could meet outdoors, and outdoor dining will be allowed. In also states no indoor gatherings are allowed, the same as before.

We will also be discussing the opening of Shadows outdoors to see when it is possible that staff will be ready to take such action.

We will get back to you Thursday morning with the new guidelines.

Thank you for your patience.

Have a great day and stay safe.

Kim Fuller
President

Presidents Message: Overview of Podcast #260

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast260

Below is a synopsis of this episode.


 

Good morning residents,

Here is a synopsis of yesterday’s podcast.

Outdoor Library Book Exchange: Some residents have asked about the outdoor library book exchange that a resident put in their front yard. The HOA contacted the resident to explain that this had to be removed because our current governing documents do not allow for such actions. A posting on Next Door felt this action should continue and requested residents write to the Board in support of the book exchange remaining in the front yard, so we have had many requests to leave the book exchange over the last few days.

Many times, our decisions are not based on what we like, but what is required by law. Our governing documents do not allow for such activity in front yards by residents. The Board is required by law to follow the governing documents. I understand some people do not like certain rules, but just because we have a COVID pandemic does not mean we can set aside those rules in our governing documents.

HOA must follow the current governing documents:

The second paragraph of Section 8.5 of the CC&Rs states that "except as provided for herein, no furniture, fixtures, appliances, or other goods and chattels not actively in use shall be stored in any building or open area or on any Lot in such a manner that such material is Visible from Neighboring Property . . . " See also Section 2.17 of the Rules which states in pertinent part: "All storage of items not in active use . . . are to be located in rear or side yards behind a solid wall and shall not be visible from any street, common area, golf course and/or neighboring properties."

There are some people that might not want to look at the display, nor have other displays as a result. The rules of our governing documents must prevail until such rules are changed.

We might not like certain rules, but unless they are changed, we are required to implement them according to the governing documents.

The outdoor library book exchange in question also violates the State and County Orders for cleaning protocols which might lead to the transmission of the virus.

We have also had some residents contact us that they don't like the library display and if that is acceptable what about other displays like furniture, clothes, or ongoing garage sales. So, one exception can lead to many problems, that is why we must follow our existing rules.

Frontier: Frontier has been installing the internet at homes except for 205 homes because they needed to connect the fiber optic cable. We will hopefully have the information next week as to when those 205 homes may make appointments for the install.

Wireless vs. cable connected computers. Many have asked about the speed of the internet because they are not getting 500/500 speed. The speed of Frontier internet of 500/500 is only available if your computer is connected to the router by a cable. Wireless speeds are not guaranteed because of so many variables. Even Cable connected computers might not get 500/500 if components in the computer will not go that fast. Frontier’s obligation is to make sure the 500/500 speed is at the router; it is the responsibility of the homeowner to make sure all equipment and cables are working correctly to insure the best speed possible. If you’re wireless device is doing 150 to 300 it is probably working correctly at the best speed possible for that device. But my old iPad doesn’t go faster than 30-40, it is just too old, but my computer is doing 500/500.

Montecito Paring Lot: This is a planned and scheduled repair and replacement project because of old asphalt and pavers. Some of the areas have become a safety issue. It is always a point of discussion to repair or replace items. It was decided that too many areas were going to need increased repairs in the future and since we have already saved enough money in the reserves to replace everything Board decided on replacement rather than a repair would be more cost effective long term. We have already had one trip and fall, and we don’t want more. This work is not coming from the operations budget, so it is not impacting the ongoing operations budget. Keep in mind we have an operations budget for the day to day operations and we have a separate replacement fund to save and pay for all these projects over time. This work is being paid for from that replacement fund and has already saved the cost for 100% payment.

Crack Repair: Crack repair work is going on in phase 1 and 2. Residents have asked why they can still see the crack repair when it is done. These repairs will be visible when done unless we repaint the entire street and that is not being done at this time. Painting of the street, called seal coating is not scheduled for another 1-2 years. We still want to do crack repairs now to protect the existing asphalt from premature failure as a result from water and/or blow sand. Asphalt is the most expensive item in the entire complex, so the more we do to protect it from premature failure the less future costs we will have to pay. Just like your home, if you repair a wall, after the repair you need to repaint the wall otherwise you will see the crack repair. We do have our hired inspector that will review all the work, and anything not completed correctly will be corrected. So, if you think a repair is not done right in front of your home let us know and it will be checked out before final payment.

COVID Information: I have attached some information about the County vaccine appointment plans. This information will be attached and on the website.

There has been issues with making an appointment. As a result, many residents have asked the Board to reconsider being a vaccine distribution site. At this time, we are not allowed to be a distribution site be we are investigating further. Given the problems with the existing sites it makes sense why they would not want to increase the sites at this time, but we will continue to monitor the situation. The Board will be meeting on Monday and will again discuss the possibility, if allowed, of being a distribution site. We will be talking with the insurance brokers at that time to realistically determine the legal exposure of any claim along with the benefit of waivers. Naturally if the County does not allow for us being a site these discussions become irrelevant; we will see. The Board is being careful trying not to put the HOA in a financially liable position because without insurance any claim would have to be paid for by residents.

It appears from the information it will take another 3-6 months for the vaccine to be distributed, but people 65 and over are able to make appointments now, once the system is working and space is available. During this time, please use caution, more and more cases are coming up every day. If you are high risk, please consider not participating in any events for the next few months or until you get the vaccine. If you play in the different sports you might even consider wearing a mask at all times, even while you are participating in the activity. State rules don’t require a mask as long as you are 6’ apart at all times. Gatherings of any kind are still not allowed on Common Property or in your homes. So please don’t gather before you play and leave immediately when you are done. Don’t gather to talk or eat after you play. Please leave the area for everyone’s protection.

The Board gets many requests on how to proceed and they seem to fall into one of three groups:

  1. Residents that always want masks even outdoors and everything closed down for now.
  2. Residents that want everything opened because Government should not do this, and the science doesn’t justify the closing of activities.
  3. Residents in between.

No decision is going to make everyone happy, so the Board has decided not to evaluate the right or wrong of the policy, but to implement what is allowed by law. We are required to follow the law.

Example, if most cases of COVID are coming from the family and friends’ gatherings over the holidays, there is no reason to close Shadows for use. There is merit in every opinion on how and when to do what. The Board’s position is we need to follow the law and the State and County Orders. That is our place, not to decide if the policy is good or bad. We have focused on what is allowed by the State Orders and allowing those activities to open per State and County instruction. It does not mean all instructions are consistent with another activity, some instructions conflict between one activity and another, so we do the best we can.

As a result, each resident needs to be responsible for their own safety. If you are high risk, you need to self-quarantine. Perhaps wear a mask at all time outdoors even if people are not around. The HOA will not be looking for violations on private property, but we will investigate any complaint. Guests are still not allowed for any activity, except golf, and according to the State Order guests are not allowed in your home. Given the increase number of cases and how fast it is spreading please be careful, extremely careful. We are in the last few months of this pandemic once everyone can be vaccinated. We all would hate to see anyone become sick and die when we are so close to the end.

I wish you all a safe and healthy weekend and I will be back next week as soon as we have more information. I think there could be much happening quickly in the next few weeks so we will keep you update as fast as possible. If you have any questions, please let us know and we will get you the answers you need.

Take care and thank you.

Kim Fuller
President

Presidents Message: Frontier Communications 1/6/2021

Kim Fuller
President

 

Hello residents,

The Residents in Phase 1 may begin calling for installation appointments of the Frontier internet beginning tomorrow January 7. This means all residents from all 3 phases of the community may now call in for appointments. The Exception are residents not yet hooked up to Frontier in Phase 1, they will not be able to call in for about two weeks. The list of the 205 homes is on website. Frontier has not completed the work so another two weeks is needed before these 205 homes can call to make an appointment. If you call, they will say you can’t install yet because you won’t be on their list to install.

Attached are the instructions on who and how to call.

To recap the basic provisions of the Frontier plan:

  1. It is a 5-year internet-only plan.
  2. It is $12 per month (with a 5% increase per year). This will be included in your HOA monthly dues amount beginning January 1, 2021.
  3. All residents will have to participate and pay the $12 per month. There are no opt-out provisions for any resident even if they do not use the Frontier internet service.
  4. The internet speed is 500 upload and 500 download.
  5. Contract includes a wireless router/modem and there is no install fee to the resident.
  6. You may install at a later date at no charge.
  7. TV plans are available if residents want to purchase TV plans directly from Frontier.
  8. Phone line is available and is purchased directly from Frontier.
  9. Resident may purchase any TV plan from any provider. It is not required to purchase TV plans from Frontier.

I would like to answer the most frequently asked questions:

  1. When can I install the Frontier service? Everyone may call for appointments in all 3 phases beginning tomorrow January 7. The Exception are residents not yet hooked up to Frontier will not be able to call in for about two weeks. The list of the 205 homes is on website. Frontier has not completed the work so another two weeks is needed before these 205 homes can call to make an appointment. If you call, they will say you can’t install yet because you won’t be on their list to install.
  2. If I already have Frontier service will I need to have an installation appointment? Yes. Most homes do not have the equipment to handle the faster speed of 500/500. It is estimated that 90% of Frontier customers will need new equipment installed.
  3.  When will the $12 per month fee go into effect? The monthly increase will begin on January 1, 2021 and is part of your HOA monthly dues.
  4. If I am not installed by January 1, why are my dues being increased on January 1,2021? Assuming Frontier completes the install by March 1, here is the calculation for monthly dues to cover your monthly Frontier internet service. You will notice that you are not paying any more money than if we started billing on March 1:
    1. If we start billing on March 1, that will mean $12 per month for 10 months, March through December. That totals $120 for the year.
    2. If we start billing in January at a rate of $10 per month that equals $10 x 12 which equals $120 for the year. Notice that this is exactly the same amount of money.
    3. We also need to add in installation charges and notification charges which total about $1.13 per home per month.
    4. Since we don’t know for sure when Frontier will finish the install, if Frontier finishes installation early, by February 1 instead of February 28, there will be an additional increase per month of $1 per month per home.
    5. Total of all combined costs is between $11.13 per month to $12.13 per month.
    6. Given these costs it is anticipated increasing HOA dues starting January 1 by $12 per month to cover all costs and possibilities.
    7. It will mean some homes will be installed before the dues increase begins and some homes will be installed after the dues increase on January 1, 2021. This was the only way to finalize the terms of the contract given the limitations of our governing documents in not charging different prices to different homes. So, to have a smooth transition all year no matter what happens, starting the dues increase in January is exactly the same cost no matter when a person is installed.
  5. Can I keep my existing TV service if I want? Yes. The HOA Frontier contract is for internet service only. Each resident will decide on their own what TV service they would like, and you may purchase TV service from any company you wish. You are not required to buy TV service from Frontier. So, you could have Frontier internet service and Spectrum TV service as an example.
  6. Am I required to install the Frontier internet service? No.
  7. If I do not install the Frontier internet service do I still have to pay the monthly fee of $12? Yes. All residents will pay the monthly fee of $12 per month which will be part of your HOA monthly dues even if you don’t install the service.
  8. If I order TV service from Frontier, will I pay the HOA for the TV service? No. Any extra services for TV or phone will be billed to you directly by the company. The HOA monthly dues amount will only include the $12 for internet service.
  9. If I am unavailable for an appointment at this time what happens? You may call any time in the future to make an appointment for installation. There is no charge to install the Frontier internet no matter when it is installed.
  10. I am in Canada and might not be able to be in the area for one year. What happens? The same answer as #9, you may call any time. This could be done one, two, three years later and there would still be no charge to install the Frontier internet when you want.
  11. I have heard the Frontier TV plans have gone up in price, is this correct? Yes. As we stated in the Town Hall meetings, pricing on TV packages was not guaranteed. Some of the packages currently don’t exist and some of the packages have doubled in price. We suggest you investigate all companies and their TV service before making a decision on which TV package and service to purchase.
  12. Am I required to purchase a TV plan from Frontier? No. You may buy TV service from any company you want, or you may choose not to buy TV service at all.

Thank you.

Stay safe and healthy.

Kim Fuller
President

Presidents Message: Overview of Podcast #258

Kim Fuller
President

 

Audio may be found at: www.scshca.com/podcast258

Below is a synopsis of this episode.


 

Good Morning Residents.

Here is a synopsis of yesterday’s Podcast.

Tyler Ingle will be the new GM. Richard Smetana passed away a few weeks ago and Tyler has now been named the new GM. We will be looking for a person to replace Tyler as Controller.

I need to correct an error in my Podcast from last week. I was describing the reasons for allowing Golf to have outside players or guests and miscalculated the guest fee revenue. It is not $1.5 million but about $400,000 in revenue. My error for adding and subtracting different columns incorrectly. Thank you to Jurgen Gross who contacted me right away about the error.

The annual meeting for the HOA will be on April 6, 2021. The Board election, along with two CC&R changes will be on the ballot, so all ballots must be in before that date. Please fill out and send in your ballot right away-it should arrive at your home in late February.

There are four people running for the Board this April. Kim Fuller and Linda Aasen are running for re-election, while two new people are also running for the Board, John Macdonnell and Moira MacLeod-Foster. The current January edition of the View magazine will have statements from all the candidates. The Board election, along with the CC&R and By-law changes, will be on the ballot for the April annual meeting, so be sure to get your ballot’s in as soon as possible.

One of the CC&R changes that will be on the ballot is for a new State law, California AB3182, that went into effect on January 1, 2021. The CC&R Section that needs to be amended is 2.6.2. I describe this new law in the current View magazine, which changes the minimum rental period to 31 days, from 90 days as stated in our CC&R’s. The HOA will not allow rentals for 30 days or less. Our HOA is required to follow the new State law even though the CC&R’s state something different. So, effective January 1, 2021 our HOA will not allow rentals for 30 days or less.

We also have a provision in the CC&R’s most residents do not realize. If you hire a management company, you may rent your home for any amount of time, so as little as one night. The proposed change to the CC&R’s limiting rentals to 31 days will also eliminate this exception.

The new law requires us to change our CC&R’s to conform to the new State Law. We will present to the residents a CC&R change to conform to the new State Law. Hopefully, we can get enough ballots in favor of the change, but even if we do not get enough ballots to change our CC&R’s we will be required by law to enforce the new law no matter what our CC&R’s state. Unfortunately, we are not allowed to simply change the wording in our CC&R’s, we are required to have residents vote for the change in order to change our CC&R document.

A change to the CC&R’s happens by a ballot vote to all residents. To change a CC&R we need 51% of all homes to vote in favor of the change. This means we will need 1760 homes to vote in favor of the change to make it happen. If we do not get 1760 votes in the affirmative, we will have to leave the language in our CC&R’s the same even though it will not apply and it will be different from the new State law. When the ballot comes out be sure to vote for this provision so we can hopefully align our CC&R’s with the State law we are required to follow. If we don’t pass this in April with 1760 affirmative votes, we will have to hold a special election at a cost of $10,000 in the fall to try again to change the CC&R Section 2.6.2 to match the State Law.

The other provision the Board will present for a change is By-law Section 4.6.4, Balloting Time Requirements. This provision limits the time we can request ballots to 90 days. The proposed change is to remove the 90 day limit so the HOA can still request ballots from those that have not voted after 90 days to get more participation in the election. We are currently limited to the 90 day rule which affects the number of ballots that are turned in. The goal of this change is to have more residents 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&R ‘s or By-laws. It will still take 51% of all residents to make any change, this just allows more time to collect more ballots, so more residents participate and vote.

Some have asked if it is possible to have the COVID vaccine done onsite. The Board has discussed this possibility and decided against the idea because we have no insurance for any claim related to a virus. Virus claims are excluded from insurance policies.

Beginning on Thursday, January 7 residents in phase 1 will be able to call and make appointments for the Frontier internet plan installation. The Exception is residents not yet hooked up to Frontier will not be able to call in for about two weeks. The list of the 205 homes is on website. Frontier has not completed the work so another two weeks is needed before these 205 homes can call to make an appointment. If you call, they will say you can’t install yet because you won’t be on their list to install.

When we do hear of more COVID Cases we do try to contact anyone that might have had contact with that person in the last two weeks. Given the current reservation system we can track all the people that have participated in an activity and then send them notices of possible exposure if a resident participated in that activity. Please let us know if you are taken sick or test positive for the virus, we can help in the contacting of other residents to try and limit the exposure to other people. Given how fast cases are now climbing in areas around us, please use extreme caution. If you are high risk stay home, if you participate in activities, we suggest you always wear a mask, but the State only requires a mask when you are not able to keep social distancing.

Please be careful, wear a mask, keep social distancing, and no gatherings, this will all help to keep you healthy and safe.

Kim Fuller
President

Presidents Message – 12/29/2020

Kim Fuller
President

Good afternoon residents,

It has been verified that residents are now sick with the COVID virus from almost all activities. We have confirmed cases for golf, tennis, and pickleball. The Board is asking for everyone’s help to minimize the spread of this virus which is now growing at an alarming rate in the Southern California area. We have also been told of another death which was caused by the virus. If you don’t feel well, please stay home and follow all recommendations for isolation and testing before returning to participate in any activity.

Please, no gatherings of any kind because more than 70% of the spread of the virus is from such gatherings. If you have attended a gathering please isolate for 3-5 days and then have a COVID test before participating in any activity.

The virus can easily be transferred to other people when participating in other activities. If you are going to participate in other activities please follow all the State, County, and CDC guidelines. If you can’t maintain social distancing at all times be sure to wear a mask. Now, more than ever, caution and best practices are needed for the health and safety of everyone.

Once again, the HOA is not looking for violations of the State Order on private property but will investigate any complaint. The HOA will enforce the State Order on common property including streets, courts, dog parks, etc. Guests are only allowed for golf at this time. According to the State Order there are not supposed to be any guests in any home at any time. Please, for your own health, and for the health and safety of all that live here at SCSH, cancel all gatherings, and follow all the guidelines when participating in any activity.

We have a couple of difficult months but given the rapid growth of the virus at this time we hope everyone will take extra precautions to help ensure the health and safety of everyone.

Take care and stay safe.

Kim Fuller
President

Presidents Message – 12/28/2020

Kim Fuller
President

Good morning residents,

It is with great sadness and a heavy heart, that we report that Richard Smetana, the General Manager of SCSH, passed away on Saturday, December 26. As some of you may know, Rich was battling lung cancer and was on medical leave since August 2020. Unfortunately, Rich experienced additional complications. We extend our condolences to his wife, Cida, and we pray that God provides her with strength and courage during this very difficult time.

In your prayers, please take a moment to ask God to look out for our friend and his family.

Take care and stay safe.

Kim Fuller
President