President’s Reports

During early morning hours, beginning July 2, 2018 through July 4, 2018, several incidents of trespassing, malicious mischief, thefts from unlocked vehicles, one incident of assault with a BB gun, and three incidents of animal cruelty occurred largely in the southern portion of Phase-1 with Santa Elise as a corridor over a 48-hour period.

Each of these crimes were crimes of specific intent coupled with at least two trespassers indulging in crimes of opportunity over a two-day period. The Indio Police Department (IPD) is actively investigating several of these incidents; therefore, specific details cannot be discussed at this time. The Association is also conducting its own investigation.

It is important to note that the thefts from parked vehicles were true crimes of opportunity in that each of the vehicles was left unattended and unlocked on streets and driveways. Small personal property left inside the vehicles was easily found and taken.

The employees of the Association’s patrol company G4S located and confronted two male adult trespassers during early morning dark hours after observing them jump our perimeter walls on several occasions. While temporarily detained and awaiting the Indio Police Department’s arrival out on Avenue 40 near Madison, the two suspects jumped back into the property and disappeared in the darkness. One G4S patrol officer remained in his vehicle on Avenue 40 where the suspects jumped the wall should they return the same way, while other G4S patrol officers dispatched searched the neighborhood within the wall. At this time, he heard several shots from a BB gun and his vehicle’s back window shattered. He did not see the source of the shots and was uninjured. G4S patrol officers continued to look for the suspects until IPD arrived and took over the search.

Three dead ducks were found by members of the maintenance team and it appeared they had been shot with a BB gun as well.

The IPD is currently investigating these incidents. Reflecting on these incidents there are important lessons to be learned.

• If you park your vehicles outdoors, then ensure your vehicles are secured and locked. Do not keep small valuables such as personal electronics, purses, wallets, coins, and cash in plain sight or hidden within your vehicle.
• If you see something, say something! In other words, if you see someone near your home or walking within your neighborhoods who does not appear to belong here call the Indio Police Department immediately, and then the G4S patrol at the Front Gates at 760-345-4458. Also, if you see someone suspicious do not approach them as you do not know their mental state or whether they are armed.
• The G4S patrol officers are unarmed and have no more powers to arrest someone than you do, so please beware of your expectations of them. The primary purpose of GS4 is to patrol the Association for governing document violations; they cannot be everywhere all the time.

Below is a brief synopsis of the reported incidents on and around July 4^th, listed times on this synopsis are the time the incidents were reported to Security.

Thank you,
Kim Fuller
President

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07/01/18

08:37 Vehicle Burglary reported on Camino San Lucas, vehicle was left unlocked for 3 days in driveway, minor items stolen – 5 pairs sun glasses, iPod Nano, $20.00 cash.

10:16 Vehicle burglary reported on Camino San Lucas, interior ransacked, no sign of forced entry, most likely vehicle left unlocked. Minor items taken – gift cards and phone chargers. Homeowner (H/O) declined to make police report.

07/02/18

04:35 2 trespassers spotted on Camino Piscina in phase 3,

1st suspect described as possibly Asian male approximately 19 years, wearing black hooded sweatshirt, Black pants and black backpack.

2^nd suspect described as Hispanic male, approximately 19 years, wearing grey hooded sweatshirt, black pants and black backpack.

Patrol instructed gate to call Indio Police Dept. (IPD), then approached and spoke to the individuals who initially claimed they were staying on property but couldn’t remember where or who with. They were told that they were trespassing, and both agreed to leave. Patrol followed them along NSCB towards Madison, they then broke into a run and jumped over the wall to the left of Madison Gate out onto Madison and turned left towards Ave 40. Patrol followed suspects (who were still on foot) to 40^th were they turned left onto 40^th heading east. Shortly after they again jumped the perimeter wall on to Avenida Tres Lagunas. Second patrol unit began looking inside community for the suspects while first unit waited outside close to the location where they originally crossed the wall. At this point the first patrol heard several shots that sounded to him like a BB gun and a moment later the passenger side rear window shattered into the back of the truck. Patrols continued to look for the suspects until IPD arrived at 05:15 and took over the search. Last sighting of the suspects was by a Troon employee who saw them leave the property via the golf course maintenance yard on to 40^th heading west.

07/04/18

06:30 Patrol received information that there was a burned American flag on Santa Elise. Patrol drove along Santa Elise and found the burned flag on Santa Elise, H/O had no idea who had done this or when. They also found vandalized Cacti on Santa Elise. All H/O were called and informed or messages were left.

08:30 Guest of a house on Ave San Ignacio reported her vehicle had been broken into but went on to admit it was left unlocked, Guest reported a wallet taken from inside a purse left in vehicle containing her id cards, credit cards and approximately $1000.00 in cash. She was encouraged to call IPD to report the incident but as of 7/6 had not done so.

08:30 H/O on Santa Elise reported that daughter’s car was vandalized during the night, an obscene word was scratched into the rear bumper cover. Vehicle was not opened, nothing taken. H/O reported to IPD.

09:29 H/O on Camino Santa Elise reported her husband truck was broken into sometime after midnight and before 09.00 July 4^th. Could not answer whether vehicle was locked and did not mention anything missing from truck. IPD was at the scene when patrol arrived taking report.

11:30 Main Gate received call from H/O on Avenida Santa Marta reporting vehicle burglary. Patrol arrived on scene approximately 11:50. Owner reports interior was ransacked between 21:20 the night before and 11:00am July 4^th. Only $5.00 in change was reported missing, expensive earphones and designer sunglasses worth $300.00 were still in vehicle. Patrol recommended reporting to IPD.

16:55 Patrol responded to a home on Santa Elise to take a report of a vehicle broken into on July 4^th, H/O reported the vehicle was unlocked due to a faulty door lock, interior was ransacked but only some loose change was stolen. House keys and vehicle registration were still in the vehicle.

17:15 Patrol responded to a call on Calle Santa Sofia, 2 cactus plants had been damaged, patrol also found an ADT alarm sign and a torn open box in the front yard that did not belong to the H/O. An address on the box led them to Avenida Santa Belinda, owner was missing a delivery that should have been left on her doorstep. Box was missing approximately $40.00 worth of cosmetics.

Unspecified time Maintenance informed patrol that early on the morning of the 4^th there were 3 ducks found in the north channel that had been shot with a BB gun. Maintenance staff removed the bodies and disposed of them.

07/05/18

09:15 Guest on Camino Santa Juliana reported a vehicle burglary. Interior was searched, and trunk was opened but nothing was taken from the vehicle.

Note on July 4^th we had 6 incidents involving vandalism and 5 vehicle burglaries.

The incident on the 2^nd with the 2 trespassers who used the BB gun to smash the patrol truck window ties in with the incident on the morning of the 4th where 3 ducks were killed using a BB gun. This is the principal reason that Indio PD believe each of these incidents have been committed by the same 2 people.

The Association is aware that there have been a rash of vehicle burglaries and property vandalism this week, especially over the July 4th holiday.  The Association takes these matters very seriously and is currently investigating these incidences.  If you have any information regarding these incidences, you may call the Community Safety Director Mark Galvin at  760-345-4349 ext. 2202, or the Indio Police Department at 760-391-4051.  In the case of an emergency call 911. Please remember not to leave your keys in your vehicles or your vehicles unlocked.  Moreover, please do not leave your garage doors open unattended. Do not approach or attempt to stop anyone who is acting suspiciously. If you see any suspicious behavior or persons in the community, immediately call the Indio Police Department at 911 and then the Association’s patrol services at the Jefferson gate at 760-345-4458.

We have made adjustments to the patrols to provide extra coverage in the areas that have already been hit. We have also spoken to Ben Quitron at IPD and he has confirmed that their night time beat officers have been instructed to increase exterior patrols along Jefferson, Varner, Monroe Etc. and their personnel have been instructed to look for anyone in the area for the next 10 days.

We will be in touch with more information next week as we find out more after the investigation.

Thank you,
Kim Fuller
President

Good morning, and welcome to another day with a beautiful sunrise in paradise.

Because I have had questions about a recent lawsuit against the HOA, I want to address this issue today. First, I need to give you some background by explaining how the Covenants Committee (CC) functions.

The CC conducts administrative hearings where residents have an opportunity to respond to any citation that they received for rule violations. Examples of rule violations are: stop sign and speeding violations, home design violations, and inappropriate conduct. Residents who are cited for a violation may request a hearing before the CC rather than pay a fine. The CC then has jurisdiction to uphold the fine, dismiss the fine, or impose some other option.

The CC procedures for due process are not like the standards of Superior or Civil Court. What is required by law is that we follow the Civil Code, CC&Rs, By-laws, and our own Rules. Sections that apply are:

1. Civil Code §4935(a) “The board may adjourn to…executive session to consider litigation… member discipline…”.
2. By-Law Section 8.06 (c). “The Board…shall be entitled to adjourn at any time for purposes of reconvening in executive session to discuss… member discipline…”.
3. HOA Rule 1.3.2 “…The CC meets monthly in executive session…”.

This means that, in a CC hearing, there is no right to an open hearing, no right to confront the accuser, and no right to cross-examine witnesses. Rules of Evidence do not follow Civil and Criminal Court procedures, and the CC is only required to give a summary of the incident without names of accusers. The HOA Board takes the position that we want to maintain a friendly environment in our neighborhoods and so don’t want residents confronting each other over such complaints. As a result, there is disclosure of complainant names, we do not allow open hearings, and there is no cross-examination. Now that we understand the administrative hearing process, I can explain the lawsuit. A resident, according to a contractor doing work, was interfering with work being done. When the resident did not comply with requests to stop interfering, a citation was issued to the resident for a rule violation. The resident was fined $200 after attending a CC hearing.

The resident felt his due process rights were violated, and so he sued the HOA in Small Claims Court for $10,000 — $200 for return of the fine and $9,800 for punitive damages. The resident claimed he was denied an open hearing, denied ability to cross-examine witnesses, denied the opportunity to confront the accuser, and the HOA failed to follow rules applicable to civil and/or criminal trials.

The judge found in favor of the HOA. The judge stated there were no violations of the Civil Code on the part of the HOA. The HOA followed the law, so no damages were awarded to the resident. The benefit of this lawsuit is that the judge made clear that the process the HOA is following is correct and legal.

The effort here is to explain the rules of our hearings, so that residents understand the process and are not led to believe that their rights are being denied. We would like to avoid what some might consider frivolous lawsuits that simply cost the HOA money.

Even after such hearings, I look at another beautiful sunset and thank everyone for making each day a special day where we can all say: “It doesn’t get any better than this.”

Kim Fuller
President

Per the instructions of Judge Hop, Ceasar Larrach delivered a Cashier’s Check made payable to Sun City Shadow Hills HOA on Monday 6/11/18 in the amount of $125,000. This has been deposited into the HOA account.

Thank you,
Kim Fuller
President

Since I have had questions about a recent lawsuit against the HOA, I want to address this issue today. First, I need to give you some background by explaining how the Covenants Committee (CC) functions.

The CC is a Committee which conducts Administrative Hearings where residents have an opportunity to respond to any citation that was imposed on them for rule violations. Examples of rule violations are: stop sign and speeding violations, home design violations, and inappropriate conduct. Residents who are cited for a violation may have a hearing before the CC to be heard rather than paying a fine. The CC then has jurisdiction to uphold the fine, dismiss the fine, or impose some other option.

The CC procedures for due process are not like the standards of Superior or Civil court. What is required by law is that we follow the Civil Code, CC&R’s, By-laws, & our own Rules. Sections that apply are:

1. Civil Code §4935(a) “The board may adjourn to, …, executive session to consider litigation, ……, member discipline, ……”.
2. By-Law Section 8.06 (c). “The Board . . . shall be entitled to adjourn at any time for purposes of reconvening in executive session to discuss . . . Member discipline….”
3. HOA Rule 1.3.2 “…. The CC meets monthly in executive session….”

This means that in a CC hearing there is no right to an Open hearing, no right to confront the accuser, and no right to cross-examine witnesses. Rules of Evidence do not follow Civil and Criminal Court Procedures, and the CC is only required to give a summary of the incident, without names of accusers. The HOA Board takes the position that we want to maintain a friendly environment in our neighborhoods and so don’t want residents confronting each other over such complaints. As a result, disclosure of complainant names is not done, we do not allow open hearings, and there is no cross-examination.

Now that we understand the Administrative hearing process, I can explain the lawsuit. A Resident, according to a contractor doing work, was interfering with work being done. When the resident did not comply with requests to stop interfering, a citation was issued to the resident for a rule violation. The resident was fined $200 after attending a CC hearing.

The Resident felt his due process rights were violated and so he sued the HOA in Small Claims court for $10,000, $200 for return of the fine and $9,800 for punitive damages. The resident claimed he was denied an open hearing, denied ability to cross examine witness, denied being able to confront the accuser, and the HOA failed to follow rules applicable to civil and/or criminal trials.

The Judge found in favor of the HOA. The Judge stated there were no violations of the Civil Code on the part of the HOA. The HOA followed the law so no damages were awarded the resident. The benefit of this lawsuit is that a Judge made clear that the process the HOA is following is correct and legal.

The effort here is to explain the rules of our hearings, so that residents understand the process and are not led to believe that their rights are being denied. We would like to avoid what some might consider frivolous lawsuits that simply cost the HOA money.

Thank you,

Kim Fuller
President

1. The Montecito Clubhouse Fitness equipment has been replaced and the Fitness Center is now open for business. Stop by the fitness desk to sign-up for an orientation to learn how the new equipment works.
2. There is an open Board meeting this Thursday, 5/31/18 at 9:00 AM, in the Front half of Ballroom, to discuss:
   1. Rule changes for Covenants Committee.
   2. Rule changes for FAC committee regarding number of members of the committee.
   3. Covenants Committee Charter approval.
   4. Presentation of the new website.
3. Ceasar Larrach update: Larrach was ordered to pay restitution of $125,000 to our HOA by June 7.  Click on "Residents Only" above for more information.
4. The Tennis Courts at the Montecito Clubhouses have completed repainting of all poles and fences and the installation of new windscreens.
5. The Santa Rosa Fitness Center new carpet replacement bids going to Board next month for approval.

Bob Israel once again attended the settlement hearing for Ceasar Larrach on 5/25/18. Here is his updated report of that conference.

Thank you, Bob, for attending the second hearing.

Kim Fuller
President

From Bob Israel:

Per the Request of Kim Fuller, I appeared at the Riverside County Superior Court, Indio Justice Center at 8:30am on May 25. I had discussions with both Steve Morgan the assigned DA and Joseph T. Rhea, Ceasar’s criminal attorney. Ceasar’s attorney was indicating promised restitution would be sent either to the Court System or the Insurer who had paid the claim. I advised that there had to date been no payment towards the Association’s loss of money by any insurer and indicated if possible the funds should be transmitted directly to the SCSHA as the victim to avoid further delays, and to avoid what I learned was a10% administrative fee ($12,500) normally charged by the County of Riverside for collecting and transmitting restitution funds. With these clarifications, and agreements, Mr. Rhea then transmitted to me a request for wire information to the HOA accounts which I forwarded to Kim Fuller and Tyler Ingle for immediate response. Following that, the two attorneys went into the Judge’s chambers to apprise the Judge of the agreed terms of the Plea arrangement before the matter was undertaken in open court. After a substantial period of time, during which all necessary forms and agreements were reduced to writing, at approximately 11:40 AM, Ceasar appeared before the Honorable Judge John J. Ryan one of the most senior and most respected Judges on the bench locally at which time the terms were outlined which included:

1. Ceasar withdrew his previous plea of not guilty to the charges against him and entered a plea of guilty to all three felony counts.
2. Ceasar acknowledged his waiver of his right to a jury trial.
3. The Judge suspended imposition of sentence upon the felony counts subject to Ceasar’s agreement that he was accepting an initial term of 120 days in jail (119 days with one day credit for time previously served) subject to probation as to be determined by the sheriff’s department which could include work release, ankle bracelet (with Ceasar to pay the cost thereof), or any other diversionary program approved by probation authorities. DA Morgan, later advised that the determination of the Judge to suspend imposition of sentence upon the felony counts was the better outcome than the judge rendering an immediate sentence beyond the 120 days, as should Ceasar not comply with any of the terms of his probation, including e.g. restitution, not fully complying with the terms imposed for his probation, having or controlling firearms, etc. he would then be subject to the Court conducting a full sentencing hearing and imposing State Prison time of up to 5 years and 4 months for the felonies Ceasar plead guilty to. The judge asked Ceasar if he understood this and then stated: "that in the case of violation of probation he would be sent to prison for a long, long time".
4. Ceasar agreed to restitution of $125,000 to the HOA and he and his attorney represented that the funds were available and would be transmitted by wire to the HOA pending receipt of instructions, with evidence of such payment sent to the Court on or before June 7, 2018 and the matter was re-calendared for that date. The judge advised Ceasar that failure to make the agreed restitution would be considered a violation of probation.

It should be noted that the amount of restitution is capable of being re-opened upon further proof of additional fraud, but it is my understanding that at least according to the investigation thus far, this sum is very close to what the HOA and its investigators believe could be proved as actual out of pocket losses.

As soon as the funds have been received, the HOA will email an acknowledgement to Ceasar’s attorney Mr. Rhea and to DA Steve Morgan, acknowledging that fact so that information can be provided to the Judge by June 7. Should for any reason, the funds not be received, by close of business June 6, DA Morgan should be emailed immediately.

DA Steve Morgan stressed that the outcome of these criminal proceedings had no effect whatsoever upon any additional claims (beyond the funds covered by restitution) which the HOA may wish to civilly assert against Ceasar or his employer for damages/losses beyond the amounts the Plea of Guilty by Ceasar now admits were stolen.

On behalf of the HOA I thanked DA Morgan for his efforts and anticipated result on our behalf.

Bob Israel
Member at Large

Once again as the first light breaks across the horizon, and a neighbor greets me with a “good morning,” I smile and reflect on the gift of this paradise. It is a pleasure meeting, talking, and working with so many great people. Feel free to contact me anytime with your questions or concerns.

Today I would like to take a moment to thank some of the many people who are doing so much for our community. It is easy to forget all the people that work to make this place a paradise. So many people on so many committees work hard for our benefit. Too often people think it is the Board that does all the work. But it is the members of each committee that are doing much of the work, to provide the Board with the information before voting. It is all these members that make the difference between success and failure in creating a beautiful place to live. Please take a moment and thank them for all their efforts and for making the work of the Board so much easier.

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

• Communications Advisory Committee Chair: Tom Hutson
• Design Review Committee Chair: Vicki L Berg
• Facilities & Services Advisory Committee Chair: John Petersen
• Finance Advisory Committee Chair: Bill Wethe
• Food & Beverage Advisory Committee Chair: Jurgen Gross
• Golf Advisory Committee Chair: Dave Bakshy
• Information Advisory Committee Chair: Erin Smith
• Landscape Advisory Committee Chair: Chris Stevens
• Safety Advisory Committee Chair: Ed Chavez
• Emergency Preparedness Committee Chair: Jeff Kirkpatrick

And the new Covenants Committee should be starting in the next two months.

We have a new website ready to launch soon. The Board will be reviewing the site and, if all goes well, it will be launched sometime in June. Our goal is to be able to communicate with residents with information as fast as possible. To make this happen, we need each resident to sign up for e-blast communications, which are the notices we send out by e-mail. If you haven’t already signed up for e-blast, you will need to fill out a form to receive these e-mails as we are not allowed to send them without your permission. There is also a form to fill out if you want your e-mail information to remain private. This, too, can be accommodated. The more residents we sign up for this e-mail communication, the faster we can send out notices of information to you and keep you up to date about everything that is happening here at Shadow Hills.

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

Kim Fuller
President

Bob Israel attended the hearing for Ceasar Larrach on his settlement conference. Here is his report of that conference.

Thank you, Bob, for attending.

Kim Fuller
President

From Bob Israel:

I attended the Ceasar Larrach court appearance in Indio May 16. This was a continuance of the settlement conference. Prior to addressing the Court, I heard a discussion between Ceasar’s attorney and Steve Morgan the DA in which Ceasar’s attorney indicated Ceasar was ready to accept the Plea agreement deal offered previously by the DA at the time of the last conference.

He indicated that Ceasar was willing to make “ full restitution” of $105K by wire to the DA’s office , and plead guilty to a felony with a sentence ( to be determined by the court of from two to four years) which sentence would be suspended with probation for a period of time set by the court, during which time if Ceasar were to commit or  be found guilty of any other serious legal charges his probation could be revoked and he be required to serve time in prison.

Ceasar would be initially sentenced to 120 days in jail, subject to whatever referral programs to be recommended by the probations officers, (i.e. work release ,house arrest, ankle bracelet etc.).

When the DA indicated that the restitution amount was on the basis of his record to be $123,000 and not the mentioned $105K which was the amount in the initial charging papers, but which had been amended upwards, there were additional discussions, which resulted in the attorney for Ceasar asking for a one week delay until 8:30AM on May 25, at which time he represented he was fairly certain there would be a settlement and plea agreement to be entered.

After the hearing, I confirmed the above information in a short conversation with the DA Steve Morgan. Should Ceasar not comply as indicated, then subject to whatever arm twisting on the County and on Ceasar and his attorney which the judge might engage in, there would either be a settlement and plea or a date for a preliminary hearing would be set. On the basis of everything I heard I would anticipate that there will be a plea and restitution agreement arrived at by next Friday as lacking that the matter would move to preliminary hearing and result in Ceasar being bound over for trial.

Bob Israel
Member at Large

Good Morning Residents.

There have been many questions about the change in policy regarding insurance requirements for entertainers and performers. Although the concern has been described for just the entertainers, the changes were directed at all contractors that access the facility. Perhaps the best way to start is to explain what was required, what is required now, and why the change.

About one year ago the Finance Advisory Committee (FAC) was directed by the Board to examine and recommend changes in our contracts, agreements, insurance coverages, and how each would affect the HOA. FAC consulted with legal counsel for the HOA and made written recommendations to the Board. There were examples of contractors not supplying required certificates of insurance and related endorsements to be furnished to the HOA making it more difficult to collect on a potential claim for damages.

It is true that guests of residents do not have to show any proof of insurance when accessing our community and its common area and amenities. Please remember all residents take responsibility for their guests and any damage that may be caused while visiting our community. In the case of a guest of a resident, if the guest causes damages in the common area, the HOA will collect from the resident if the guest refuses to pay the claim. This is different for all contractors in that if there is damage by a contractor, we would have to take legal action, like small claims court, if the contractor refused to pay a claim. This is a more time consuming and costly process for the HOA. On the other hand, if the HOA has entered into a written agreement which requires a certificate of insurance from the Contractor or Entertainer, together with the Additional Insured endorsement from the insurance company, the HOA can submit the claim and be paid by the other insurance company, which protects our HOA from a claim and possible increase in future rates.

In the review by FAC and legal counsel for the HOA, it was determined that some contractors were not providing a certificate of insurance for Automobile Liability which is separate from Commercial General Liability insurance. The HOA was already asking for a certificate of insurance for Commercial General Liability together with an ‘Additional Insured’ endorsement on the insurance policy, from all contractors and Entertainers. What was not being checked was ‘did the contractor or Entertainer have Automobile Liability insurance coverage’.

Since this coverage was not being checked, the FAC recommended that all agreements with Contractors and Entertainers have a provision requiring a certificate of Auto Liability insurance coverage in addition to a certificate of Commercial General Liability coverage. The FAC, legal counsel for the HOA and the insurance broker of record for the HOA also recommended the minimum limits of coverage for Automobile Liability be the same as the minimum limit for Commercial General Liability which was One Million dollars ($1M). The Board decided a minimum limit of $1M for Automobile Liability insurance was burdensome for the entertainers that were being hired by the Clubs and Groups, so they voted that part of the recommendation down. It was discussed and decided since California law requires proof of insurance, and people are supposed to carry such a card in the vehicle, we would just ask for a copy of that card for Club Entertainers. That way no Entertainer would have to obtain different coverage or pay for an increase in coverage limits. The Entertainer would simply show proof of Automobile Liability insurance with at least the minimum California car insurance coverage for Bodily Injury Liability and Property Damage Liability, and the HOA would be satisfied. This was the compromise at the time regarding Automobile Liability coverage for Entertainers.

The Board thought requesting a copy of an insurance card would not be a burden since everyone already had one by state law requirements. So, this policy was implemented at the beginning of this year in the hope of increasing the protection of the HOA, and it would cause little effort to obtain. It now appears some feel that asking for such a document for the Club Entertainers is a burden, so the Board will need to discuss this situation once more. It was not the intention of the Board when implementing this policy that any Club or Group would be overly burdened with the request because the proof of insurance for Automobile Liability is a state requirement. It was also thought by the Board that checking to be sure Contractors and Entertainers have auto insurance when they drive on site was a responsible policy.

I understand no system is perfect and we try to implement that which can work for the great majority of situations. Many of the situations don’t come up at the time of implementation but become known after the implementation process. For example, what happens if there is a substitute performer last minute because of illness, emergency, etc. The insurance would not be confirmed. This is true. What happens for the guests of the performers that drive in a separate car, there would be no proof of insurance. This also is true. What happens if a Contractor or Entertainer cancels their insurance, we would not know it was cancelled, and that too is true. All these exceptions can occur and make for more detailed work for the Clubs and Groups. It was never the intention of the Board to make for more work just to make for more work. It is the intention of the Board to protect all residents of the HOA the best we can within reasonable limits, a point of balance you might say.

Given this information the question now before the Board is what policy should be implemented? I totally understand and agree that more work for little reason seems onerous and burdensome. Somewhere we need to find that balance to protect the 6,000 residents and not to overly work Clubs and Groups that supply such terrific service and programs. Finding the balance will be the challenge. We could simply remove any requirement for proof of auto given that many think it is a low risk situation. We could make exceptions for just some Clubs and Groups, but that might seem unfair to other Clubs and Groups. And then there are some residents that believe asking for the card is not a burden and needs to be done. I do believe that if residents don’t want the Clubs and Groups to have to do such work, and the residents want our insurance to cover the claims because it is a low risk, I think that is their right. But we need to all recognize, with open eyes, it might lead to higher premiums, can’t say how much, can’t say it would happen, I can only say it is possible.

At our next Board meeting we will need to discuss and try to a find a solution. There is no perfect answer but there should be a reasonable solution that benefits the greatest good. So, everyone should respond to the Board with their thoughts, ideas, and solutions. Your opinion matters because in the end, whatever risk we take on, we do it together and it will affect us all. At the same time, if policies are too burdensome, and we lose volunteer programs that we all enjoy, that too affects us all.

So please write to us with your thoughts on how we should proceed.

Thank you for your help.

Kim Fuller
President

Dear Residents:

We found in one of the documents we mailed to you about the CC&R and By-law changes, the ‘Notice of Action by Written Ballot by the Members’ (“Notice”), contains incorrect section references for Measures 2 and 3. The Notice was sent to you along with your ballot to vote on the Draft Restated CC&Rs and Bylaws (Measure 1) and three separate voting items for optional amendments (Measures 2 - 4).

The text of the amendments in Measures 2 and 3 is the same as in the notice you already received with the voting materials. The only change is in the section numbers that are referenced in the Notice.

This occurred because of the many different changes to the documents over time which created different section numbers as sections are added or deleted. The proposed documents on the flash drive are correct, the instructions are correct, the ballot is correct. The only error is the reference to certain sections on page two of the ‘Notice of Action by Written Ballot by the Members’ (“Notice”) I referred to above.

Both legal counsel and HOA Elections of California have reviewed the situation and both agree this does not invalidate the election, so the process will continue. We will be sending by regular mail a letter explaining the error, along with a corrected page showing the correct section numbers to every homeowner.

Below is a copy of the letter that will be mailed along with the corrected page. Let me know if you have any questions.

Thank you,
Kim Fuller
President

The CC&R and By-law changes, along with a ballot was mailed to all residents on 4/19/18. You will receive two different packages. One package will contain a computer flash drive with the proposed CC&R and By-law changes. If you would like a hard copy of the proposed changes, contact the HOA office and a copy will be made available to you. By sending the documents on a flash drive rather than a hard copy to each resident we save more than half the cost of mailing. A copy of all the documents are also available on the HOA website.

In addition, a second envelope was sent by the HOA Elections of California on 4/19/18 which contains the ballot, along with instructions. This is a separate envelope than the above. So be looking for both envelopes.

There are four items on the ballot for your consideration. After many comments from residents the Board decided to present the following four items for a vote:

1. Item 1 includes all the proposed changes to remove Pulte from the documents where applicable, and all changes required because of new state laws. The flash drive contains the proposed revised CC&R’s and By-laws. If item 1 passes, then the CC&R’s and By-laws listed on the flash drive would become the current documents. Since Pulte is no longer here, it seemed responsible to remove them from the documents wherever possible. The other changes are changes that are required because of changes in the law. If item 1 passes, the documents will become clearer without Pulte being listed where applicable, and since we must implement the new law anyway, the documents would reflect that which is required by law. The documents on the flash drive do not refer to items 2 through 4 on the ballot.

Items 2 though 4 are not listed on the flash drive documents because those changes will not be listed in the document unless the item passes. So, if any item 2 through 4 passes, that language will be changed accordingly in the document.

1. Item 2 is a vote to remove term limits on committee members. Currently there is a two-term limit on committee members. Some have felt that some committee members should stay longer if they are willing because of their expertise. You will now vote to remove term limits or leave them in place.
2. Item 3 is a vote to remove Cumulative voting for Board member elections. Currently the HOA uses Cumulative voting every other year in the election process when 3 candidates are up for election. When only two candidates are up for election Regular voting is used. In Regular voting you may not put more than one vote on any one candidate. In Cumulative voting you may put more than one vote on any one candidate. This is the difference between the two voting methods.
3. Item 4 is to change the minimum rental period from 90 days to 45 days. It will also remove the language which allows homeowners to rent for less than 90 days if they use a management company to rent their home. Current language allows homeowners to use a management company and rent for as little as one day. So, if this item passes, no Resident will be able to rent their home for less than 45 days, there will be no more exceptions.

These are the four items to vote on for the changes to the CC&R’s and By-laws. There will be more Town Hall meetings to explain the changes and how the ballot will work. It is important that all homeowners vote so we can conclude this process which began about 3 years ago. Please vote and return the ballots when received. Members may mail back the ballot or place in one of the ballots boxes located near the reception desks at each of the clubhouses.

If you have questions, please let me know or contact other Board members or staff.

Thank you,

Kim Fuller
President

Welcome to another day in paradise, where each morning I watch a sunrise and gratefully acknowledge this is a great place to live. It is clear we all chose to live here for all the important reasons of life, and the few differences we have just don’t matter that much in the big picture of Shadow Hills. Sometimes I explain to others what it is like to live in such a place, and they just listen with envy; so I watch a sunset and thank my lucky stars for what we have to enjoy.

The Board election is over and, with three new members, the Board is moving quickly to offer new proposals for everyone to review. Many such proposals are born from the discussions each candidate had with residents during the election process. Each Board has its own personality; it doesn’t mean one is right or one is wrong, it just means each Board is different, and such differences come from the election process. All we need to do is recognize that there is no right or wrong, but only productive decisions motivated by unity. If decisions are motivated with this understanding, divisiveness will no longer exist; and productive outcomes will become self-evident. After participating in our first meeting, I for one am excited to see the new Board put aside election politics and work together in this atmosphere.

One such change coming forward involves the Covenants Committee. The Board voted to establish a new Covenants Committee, and we need resident volunteers for that committee. Currently the Board acts as the Covenants Committee. This committee listens to all the cases involving fines and citations for HOA rule violations. The CC&Rs and By-laws allow for a separate committee, made up of residents, to be the Covenants Committee. Once established, the Board will then be an appeal committee if someone does not like the decision of the Covenants Committee. This change would mean there would be a two-step process instead of a one-step process for all rule violations. This would also mean more residents would be involved in any disciplinary hearing, which many believe would be a positive path to a more open and positive system.

You can apply for this and other committees by filling out the “Advisory Committee Interest Form” which you can obtain online in the Residents Only section under “Association Documents”; or you can pick up the form at the HOA office.

We are also looking for volunteers for the Information Advisory Committee (IAC) which oversees our website. This committee needs writers as well as members to update the website with all the new information that is constantly produced. Keeping everyone informed as quickly as possible with accurate and up-to-date information helps us all by reducing any misunderstandings.

Once again, I will enjoy my sunset, the warm greetings from all the neighbors, and remind myself, it doesn’t get any better than this.

Have a great day.

Kim Fuller
President

Deja vu. Once again as the first light breaks across the horizon, I smile and reflect on the gift of this paradise. Once again, I have the privilege of working for you as President. Feel free to contact me anytime with your questions or concerns. Congratulations to Bob Israel, Fera Mostow, and Bruce Marley for being elected to the Board. And so it is time to get to work.

Since it is deja vu, I thought I would once again explain our forecasted monthly expenses. These amounts are based on the 2018 budget. As you know, our monthly assessment per homeowner unit is $259. Of this amount, $47 is credited to the Replacement Fund – this is the savings account used to pay for future items that need replacement, repair, or renovation. The balance of the monthly assessment, or $212 per homeowner unit, is forecasted to pay estimated monthly operating expenses as follows:

• $48 for Facilities Maintenance
• $39 for General/Administration
• $29 for Golf
• $26 for Property Protection
• $23 for Landscaping
• $15 for Recreation/Lifestyle
• $10 for Utilities
• $12 for Fitness
• $7 for Food/Beverage
• $1 for Capital Improvements
• $2 for Common Area Improvements
• $3 for Contingency Fund
• $6 for Depreciation

You may notice that the expenses I listed total $221 per homeowner unit per month. The difference ($221 vs. $212) is paid from other income that is anticipated to be earned during the year.

In funding the list above, we are paying for the amenities and lifestyle we enjoy. Not one of the items listed above makes a profit, and that is why we pay the monthly assessments. All of these items are subsidized by our monthly assessments.

So, I have been asked many times during the past year, why doesn’t the restaurant make money? Why are we paying a subsidy for the restaurant? The answer is the same as for all the other items listed. We are paying a subsidy on all these items because they are conveniences that are supported by our monthly assessments. We don’t expect the swimming pools to make money, yet we pay to have them available. We don’t expect the fitness facilities to make money, yet we pay to have them available. We pay a subsidy on the Lifestyle programs so that we have them available.

When we pay the subsidy for the restaurant, it is no different than the subsidy for all the other amenities. We are paying a small cost for the availability of the restaurant; we are not paying to use the restaurant. So, don’t think the restaurant will ever break even; it won’t, just like all the other items; they too don’t break even. They are all part of a whole picture that contributes to the experience of enjoying life here at Shadow Hills. So, as you look at the list, you can see that the restaurant is actually one of the lowest cost amenities we have.

And because of all the terrific things I get to do, I will reflect on this beautiful day, the “good morning” greeting, all of the kind people who make me smile, and say to myself, “It doesn’t get any better than this.”

Kim Fuller
President

I have not written a newsletter message to you in three months, and during this time I continued to appreciate what we all have living here in Shadow Hills. I smile at the sunrise, then sit and enjoy the sunset every night if possible with Karla – a moment of time that seems to stand still while we enjoy the most important and sometimes simplest things of life. It is perfect!

The Board election will conclude on March 5 after two months of campaigning on the part of the candidates. Many forums, many speeches, many flyers, and many doorbells, all to show residents who should represent them on the Board. Congratulations to the new members of the Board, and a special thank you to all who volunteered to run.

It is not easy standing in front of 200 people explaining the merits of any question. It will be my hope that we all agree that the election is over, and now is the time for the new Board to work on the matters at hand. Clearly, there is always something that needs to be done.

One of current items is the upcoming vote for the proposed changes to the CC&Rs and By-laws. We anticipate mailing the ballots and documents along with instructions to the residents on March 12. There will be two separate envelopes with the information.

In one envelope you will receive a computer flash drive which will contain all the documents. There will be a red-line version and a clean copy of the changes for both the CC&Rs and By-laws on the flash drive. This was done to save the cost of mailing the entire document to each homeowner (a cost of about $10 per home). Mailing a flash drive with the documents will save more than half that cost.

In a separate envelope you will receive the ballot and the instructions for filling out the ballot. So be looking for two different envelopes.

After many comments from residents, the Board decided to present the following four items for a vote:

1. Item 1 addresses the bulk of the document. These changes will remove Pulte from the documents where appropriate and will make changes because of new laws with new requirements. Because Pulte is no longer here, it seemed responsible to remove them from the documents wherever possible. The other changes are required because of changes in the law. If item 1 passes, the documents should become clearer without Pulte being listed where applicable, and since we must implement the new law anyway, the documents would reflect that which is required by law.
2. Item 2 is a vote to remove term limits on committee members. Currently, there is a two-term limit on committee members. Some have felt that some committee members should stay longer if they are willing because of their expertise. You will now vote to remove term limits or leave them in place.
3. Item 3 is a vote to remove cumulative voting for Board member elections. Currently, the HOA uses cumulative voting every other year in the election process when three candidates are up for election. When only two candidates are up for election, regular voting applies. In regular voting you may not put more than one vote on any one candidate. In cumulative voting you may put more than one vote on any one candidate. This is the difference between the two voting methods.
4. Item 4 is to change the minimum rental period from 90 days to 45 days.

These are the four items to vote on for the changes to the CC&Rs and By-laws. Hopefully, whoever is President beginning March 5 will hold more Town Hall meetings to explain the changes and how the ballot will work. Please vote so we can conclude this process, which began about three years ago.

I look forward to seeing everyone once again, and I wish the new Board nothing but success. Once again, I reflect on another beautiful day, all the kind people that smile when we meet, and I say to myself, “It doesn’t get any better than this.”

This is my last article for The View as a Board member. Since I am retiring from the Board, I wanted to take this time to thank everyone for the privilege of serving our community as a member of this HOA Board.

I have, over these past four years, served on this board with John Council, Greg Middlebrook, Stu Stryker, Jerry Cavoretto, Carey Thompson, Barbara Stocky, Vicki Berg, Kim Fuller, Erica Hedlund, and Agi Kessler along with the dozens of wonderful volunteers that staff our various advisory committees. Together we have tried to move this community forward in these ways:

1. Approving a website where all information can be located by the click of a mouse. Formerly we requested the documents in writing and, 30 days later, you could get a hard copy, but you paid for the copies. Now, you can pull up the documents and print or not at your leisure. This includes our financial statements, Board minutes, committee minutes, governing documents, club information, etc.
2. At its meetings, the Board must handle corporate business, so comments need to be limited to three minutes. I started “Meet a Board Member” four years ago where two Board members meet every month with residents for an informal chat about the community and issues that are on their minds.
3. Board meetings are videotaped so that, if residents are unable to attend, they can still stay informed about what is going on in the community.
4. The community wanted more pickleball courts, and so the Board installed pickleball courts in Phase 3.
5. Residents had to wait outside the HOA office, as there was no room inside. Also, the community needed another meeting room. These items were both accomplished by expanding the HOA office.
6. We approved the expansion of tools for the community to get information. You now have the website, podcasts, flyers, smart TVs, cell phone apps, and weekly email blasts. You can also ask questions through the website’s “Ask a Question” or by emailing a Board member.
7. Before Pulte left the community, the Transition Ad Hoc Committee and the Board considered the remaining items needing review and were able to attain$300,000 to offset any potential issues that may arise in the future.
8. We have implemented a new slurry process that looks darker and lasts twice as long as the previous method.
9. Working with the landscape committee, we were reimbursed 100 percent for the areas where we removed turf and implemented desert landscaping. This improves the look of the community and saves us water.
10. Working with Pulte, we attained a$1,000,000 maintenance building and a second dog park.
11. We contracted with Troon to run our golf course and food and beverage operations, which resulted in significant improvement and a reduction in subsidies.
12. Once Phase 3 was completed, residents needed more space around the Santa Rosa pool. The Board expanded the pool area over a year ago.
13. The Board approved a Golf Master Plan to repair and remodel some of the areas of the South Course to make it more appealing and – hopefully reduce subsidies as time goes by.
14. The Board approved moving our Emergency Preparedness Committee as a sub-committee of our Safety Committee, and Jeff Kirkpatrick has been working hundreds of hours to get our command center organized and stocked with necessary supplies to help in a disaster. Jeff is also conducting monthly emergency preparedness seminars, free of charge, to show us how to be better prepared in case of a major flood, fire, earthquake, etc.

And the list goes on. As the community moves forward, I am excited to see the great things that will come for all of you.

Thank you again for the honor to serve you, and may God bless this community.

Joan Dzuro
Vice President

Happy New Year! As we start making our New Year resolutions and look to the future, I thought we could take a moment and look at 2017 and what your previous two Boards (one ended March 2 and the new Board started March 2) accomplished in 2017. Below are some the more major items:

1. Sports Areas: The Board approved the resurfacing of some of the tennis courts, replacement of windscreens, and the painting of the courts. We added additional awnings and benches for players. We added a sound curtain to the pickleball court, upgraded the snack bar countertop, added an icemaker by the tennis courts, resurfaced the Santa Rosa pool deck, purchased new furniture to go around that pool, and replaced the plaster and installed tile in the spa. The bocce ball courts were leveled and resurfaced.
2. Golf Course: A major overhaul of the south golf course was completed. You can find all the details, including photos of the project in process, on the website at www.scshca.com/golf-master-plan-projects-completed. All renovations were accomplished at more than $200,000 under budget. We now have new liners and sand in all bunkers; an enlarged practice and putting green; and a renovated, lighted putting course in the community.
3. With Pulte leaving, the Board established an Ad Hoc Committee to review the last areas that needed to be released and, after much discussion and negotiation, the Board was able to acquire $300,000 to cover future costs of items in Phase 3.
4. We widened the parking area by the North Channel on San Mateo so that we have a place to park as you walk your dogs in that area.
5. We added lamps next to the sidewalk on Sombra by the Monroe gate to illuminate that area.
6. We revised the tree trimming schedule so all trees get trimmed each year (unless the species requires more time between trimmings), and we removed some of the excess trees.
7. We added red-/green-lighted gate arms to all the gates to make it easier to know when your transponder signal has been read by the gate.
8. We worked with the Veterans Club to install a flagpole and flag outside the golf/Shadows areas.
9. Working with the Ad Hoc Governing Documents Committee, we updated the CC&Rs and By-laws for the homeowners to vote on. The changes basically remove references to Pulte in areas where they can be removed. Since Pulte still owns five acres in the northeast part of our community, the references have to remain in some areas. Three additional items for homeowner vote include: cumulative voting for Board of director elections, term limits for committee volunteers, and length of time homes can be rented.
10. The Finance Advisory Committee has made numerous recommendations to help the Board with upgrading our financial procedures and internal controls. (We also hired a Controller, Tyler Ingle, to help in the execution of these procedures.) The committee has reviewed all insurance policies and contracts as well. They also created a subcommittee that reviews our Reserve Study report and budget.
11. We have established a new Advisory Committee, Facilities & Service, that will look at any request for large purchases, or projects that need to be replaced or repaired, and confirm the work is needed.
12. The Board held several budget meetings and approved a budget for 2018.
13. We are working with the Information Advisory Committee on an upgrade to our website.
14. The Board met over the summer and updated the Strategic Plan, which is available on the website at www.scshca.com/wp-content/uploads/2016/01/Final-Strategic-Planfor- 2018.pdf.

There are still a number of items that your Board is working on for this year. As always, getting residents’ respectful feedback is important to us. You can do this by emailing Board members, attending a Board meeting and speaking at an open forum, attending a “Meet a Board Member” session, or asking questions through the Shadow Hills website at www.scshca.com/ask-a-question.

We hope that 2018 is your best and happiest year yet.

Two and a half years ago when I watched my first sunrise here and was thankful I could live in such a beautiful place as Shadow Hills. And it was just about that time that some very special, dedicated, and committed people went to work updating our CC&Rs and By-Laws. That committee (consisting of Fera Mostow, RD Corette, Jim Kintner, Robert Israel, Gordon Smith, and Joan Dzuro) deserves our thanks and admiration for the countless hours they have spent to finally bring to a vote the changes in the CC&Rs and By-Laws we all need because Pulte has left the development.

Many of the CC&Rs and By-Laws were set up to accommodate Pulte while they built our homes. But now that Pulte is gone, our CC&Rs and By-Laws need to be updated to reflect our current independent situation.

Removing Pulte from the CC&Rs and By-Laws was not easy because, when you take out a name in one place, it can affect another place. So this tireless committee had to go through the sections one by one until all sections would flow from one to the other without confusion. It was a two-year job, and the result is a thorough update to our CC&Rs and By-Laws.

We will now put the document to our residents for a vote. To make this process complete, we will need everyone to vote; so please ask your friends and neighbors to vote so we can all put this behind us.

Besides the changes eliminating Pulte from our CC&Rs and By-Laws, the committee also looked at other changes they thought would benefit our community. After presenting these to the homeowners and receiving many comments, it appeared that some of the items were too controversial among our homeowners. As a result, we decided to simplify the ballot by removing the controversial sections. The items removed were:

1. Proxy Voting.
2. Minimum number of homeowners to call special meeting.
3. Code of conduct of Board candidates.
4. Business leases from one to five years.
5. Removal of a Board member. Removal of the Covenants Committee.

Because of eliminating the above sections, we have only three non-Pulte-related changes on the ballot. These are:

1. Minimum time for rentals from 90 days to 45 days.
2. Removal of term limits for committee members.
3. Cumulative voting removed.

So, there will only be four items to vote on:

1. The body of the document with all the changes for Pulte’s removal.
2. Minimum time for rentals from 90 days to 45 days.
3. Removal of term limits for committee members.
4. Cumulative voting removed.

By separating these four items, you can vote separately for each item. Hopefully we all agree that the removal of Pulte from the documents should get everyone’s support. We recommend that you investigate the other three items and vote as you see fit in the best interest of everyone at Shadow Hills.

We can now easily make our choices with a much simpler ballot, knowing the controversial items have been removed. Once again, I am grateful, and once again I have to say, “It doesn’t get any better than this.”

Kim Fuller
President

Wow! Where did this past year go? Once again it is time for our community to elect people to our Board of Directors. This election, there will be three vacancies to fill.

A Nominating Committee made up of residents in our community was chosen during the October Board meeting. The Association will send out nomination forms to all homes in our community. This packet will include the dates for Board and covenant meetings in 2018 and the duties of a Board member. You can self-nominate for a position, or you can nominate a friend (but please have their permission).

The Nominating Committee will ensure that everyone who wants to run is a “member in good standing” per our governing documents and, in December, the Committee will report to the Board the slate of candidates for the open positions. The Board then accepts this list and the election officially begins.

The election will be held in March and, from December to March, you will find candidates going door-to-door to introduce themselves; flyers will be distributed within the community; and the Nominating Committee will host a series of Candidate Forums. The Nominating Committee will ask the residents for questions to pose to the candidates, and the Committee is responsible for hosting the forums and asking the questions. Only the Committee members will see the questions before they are posed to the candidates at the forum. The Association films these forums so, if you cannot attend the forums, they are available on our website.

Reading the information on each candidate, attending the forums, and being informed and voting is very important. The Board of Directors is elected to make day-to-day Community decisions, which can affect you. There is not time or money available to send every decision out for a vote, so you are telling the people you elect that you trust them to make the best, most informed decisions they can to keep our community fiscally sound, looking good, and up-to-date on maintenance, etc.

Serving on the Board of Directors does require some time each month, but it is always rewarding to know that you are working for the betterment of your home as well as your friend’s home. The terms are for two years. It is time well spent to give up some “retirement” time to work on behalf of your community.

Whether you live here year-round or just six months of each year, if you own a home here, you have a say in who governs our community. The only way for us to hear your voice is to get a ballot and vote each year. If you don’t receive a ballot, lose a ballot, or get a damaged ballot, contact the HOA and they will give you the contact information for the third-party contractor the HOA has hired to objectively handle all aspects of this process. NO ONE in the Association does anything with the ballots.

You can mail in your ballot or drop it off in the lobby of either clubhouse, whichever method is most convenient for you.

Joan Dzuro
Vice President

As the first light breaks across the horizon, I am driving to northern California partly for work and partly for fun. I smile at watching the sun rise across the mountains and confirm I am living in a paradise called Shadow Hills. Hopefully, the work will be smooth, and the fun will match the beautiful scenery I am temporarily leaving. I already miss home, and I will be grateful when I return.

So much can change in so short a time, a time that some might consider tumultuous; but it is actually an opportunity for adjustment that will ultimately lead to balance. Life is a series of bumps in the road, but that is all they are, bumps; and we will survive to create a more productive future. These are times to cherish optimism because, in the end, I know all will be OK, and opportunity will lead to improvement. The light at the end of our tunnel is getting brighter, knowing we will improve each day with everyone’s help, and none of us is alone in this effort. With everyone’s help, it will be perfect.

An effort has led to a most useful addition, the formation of the new Maintenance/Services Advisory Committee, to help us maintain facilities and services for the future. With the suggestions of homeowners, this committee was formed to help advise the Board on maintenance and service issues; and it will help to ensure projects are completed satisfactorily. We are blessed with the ability to call on so many people who have so much knowledge because of life experience, that we can help each other for everyone’s benefit. There are 3,450 homes, consequently there is so much wisdom and experience to help ensure our future is productive and rewarding. John Peterson has agreed to chair this new committee, so please say thank you to John for all his volunteer help.

This committee will be looking for experienced people in every area possible from interior design, to decking, to electrical, to roofers, to plumbers, to engineers, and more, to help us with making intelligent and wise decisions in keeping these facilities a place in which we are proud to live. There isn’t a question that can’t be answered by the experience of our own homeowners, so all we need to do is be willing to reach out and help each other contribute to that future. As projects unfold, if you have experience which can help us attain a better outcome, please let John Peterson know, so we can all benefit from your knowledge. All of us will benefit, all of us will be grateful; and, with a little effort from each of us, our lives will be enriched each and every day.

We already know that many hands make for light work, and the outcome is always more perfect for everyone involved. Contact John, at johnandpatti89@gmail.com to learn more. To get involved, fill out an Advisory Committee Interest form at the HOA office.

This kind of productive interaction, will certainly lead to a better, brighter future. So, no matter how tumultuous it might appear, I assure you it is not; and I return home knowing that “It doesn’t get any better than this.”

Kim Fuller
President

We live in a beautiful community that is the size of some small cities in America. We have over 6000 residents and 47 miles of roads to maintain. It is a huge task that the volunteers who serve on your Board of Directors undertake. The main goal is to keep our community looking good and our amenities maintained so all residents can enjoy them. This isn’t always an easy task; there are 6,000 opinions about how and when projects should be accomplished.

Since 2014, each Board has worked on the flow of information between residents and the Board. Knowing what the majority of residents want helps the Board to analyze and make decisions on behalf of the entire community.

Here are some of the improvements since 2014:

1. If you wanted a document (contract, home improvement application, etc.), you had to go to the HOA office, complete a form, and wait a few days while the staff pulled the information and made copies for you. You also were charged for the copies. Now, on our new website (created a few years ago), these documents are loaded onto the Resident Only section of our website; and all residents can read and print them at their leisure.
2. Board meetings are corporate business meetings where the Board makes decisions for our community. With all that needs to be done, the Board must limit comments from residents to three minutes in order to ensure all who would like to speak have the opportunity. In 2014, when I was elected to the Board, I initiated an event called “Meet a Board Member.” Each month I and another Board member (members are rotated) met with residents on the Santa Rosa or Montecito patio. At these informal meetings, we listen to resident comments and answer questions. There is no time limit like the Board meetings.
3. Email blasts are now sent out to residents who sign up for it, each Monday to notify them about what is happening in our community including any gate or amenity closures scheduled that week. If you aren’t signed up, contact the HOA office to learn how to get on the list.
4. We continue to publish The View, our monthly magazine, under the auspices of our Communications Advisory Committee, and View Sub-Committee. The View does a fabulous job of producing. It helps us get to know our neighbors, what clubs are doing, and what activities are scheduled in our community.
5. We have an Information Advisory Committee doing a great job keeping our website up-todate. One of this committee’s functions is to review any “Ask a Question” questions, send them to the person in our community who deals with that issue, and make sure the resident gets a factual response. Also on the website you will find copies of all major contracts that the Board has entered into, information on clubs, etc.
6. We also have a phone app that gives you information on our community no matter where you are.
7. In the lobby of each clubhouse, you will see smart TVs displaying rotating information about our community.
8. Each clubhouse has flyer holders with various flyers providing information on our community. As you can see, there are many ways to obtain information about our community. If you have additional ideas, the Board is always open to suggestions.

I hope that you will take the time to look at these various items and keep up-to-date about what is going on in this fabulous community.

I hope you had a great summer, and here’s to a fun-filled fall!

Joan Dzuro
Vice President

As the first light breaks across the horizon, I just smile and realize I really am living in this paradise called Shadow Hills. The phone rings, and I answer to a homeowner greeting me with “good morning.” It is perfect!

The homeowner asks me about the changes to the CC&Rs and By-laws. We discuss a few of the changes that have been proposed. A little later, another homeowner calls to ask about some of the same changes. And then the next day, still another homeowner has questions about the same few sections of the proposed changes to the CC&Rs and By-laws.

It became clear to me that only a few of the sections of the proposed changes have initiated most of the conversation. It is also clear there is no right or wrong answer, only slightly different viewpoints; and, no matter the outcome, we will all be able to live with either choice, with neighbors that still say hello each morning.

How perfect is a process where we make decisions together about the rules we want to live by? For all that will ultimately be proposed, there seem to be less than 10 sections that are motivating 90 percent of the conversations. Seems simple, and it is; and the Board will try its best to make the process simple. But we will need your help and vote.

The Board plans to make the final revisions to the proposed changes in September. That will allow us time to explain the changes and the ballot to homeowners by early November. I will hold a couple of town hall meetings in early November to explain the ballot and how to fill it out for each section. Changes will occur in three categories:

1. First, there will be a section with non-material changes. These are the changes that everyone should agree are administrative in nature. Example: taking out Pulte’s name and putting in the HOA. This section will be a “yes” or “no” vote on all the items in the entire section.
2. Second, there will be changes/additions to existing language to clarify what already exists, but which needs explanation to eliminate ambiguity. Example: walls completely on the property of a homeowner has been interpreted to belong to the homeowner. New language will clarify this situation. This will be a “yes” or “no” vote on the entire section because it does not change existing interpretation or operations.
3. Third, there will be changes that are material and which will alter how we operate. Example: We currently have two different voting methods for the Board election. One year is regular voting (one vote per candidate), and the next year is cumulative voting (you may cast all votes for one candidate). The proposed change is to have regular voting each year. This will be a material change from the past. This section will be done one item at a time because it will be a material change from past practice. It will be like filling out a proposition ballot in a general election. You will have the ability to say “yes” or “no” to each item as you see fit.

So, this fall, be looking for the meetings to explain how the ballot will work. And be sure to vote when the ballot comes out, hopefully in November.

That evening, after my last discussion with an absolutely charming homeowner, I did reflect on another beautiful day, the good morning phone calls, and all the kind people that smiled when we met. And I said to myself, “It doesn’t get any better than this.”

Kim Fuller
President

On Tuesday, May 23, 2017, the SCSH HOA Board members met to review the Strategic Plan for 2018 through 2022.

If you go to our website at www.scshca.com and click on the residents only section, you can then enter “Strategic Plan” in the search box and the current plan will pop up. This document was first created by the 2015 Board of Directors. Because we have Board elections each year, we usually have new members on the Board, sometimes as many as three at one time. We created this strategic plan to help the community develop a long-term strategy.

Each year the current board reviews the plan, and all comments from residents to see what might be included in the three- to five-year plan. This plan is the current one that the Board just approved.

Our meeting on the 23rd looked at a variety of items that residents sent in. First, let me thank each of you for taking the time to send the board your ideas. This is your home, and all of us on the Board want to continue to keep it the great community that it is today. We reviewed and discussed all your ideas and the videotape of the meeting is on our website.

After careful discussion, the board decided that we wanted to look at the following items:

• Keep covered parking with solar panels in the plan but look at this again in 2020.
• Look at costs for an intra-community shuttle with profit/loss evaluation for 2018.
• Look at a temporary, followed by a permanent, monument sign advertising Shadows on Jefferson and 40th Avenue – 2018 for the temporary one, and a permanent one in 2021 when CVWD has finished the flood run-off plan.
• Expand Shadows restaurant – we will consider this along with feedback from residents starting in 2019.
• Look at conducting an electrical audit and possibly adding a generator to create a cooling center should power go out in the summer – 2018 for the audit, and 2019 for the generator.

The board was very cognizant that $3.3 million in assets have been added to the community last year (some built by Pulte and some by the Association). We decided we need to slow down and let the reserve/replacement funds replenish, plus allow residents enjoy what they have for a little while, before undertaking more additions or major remodeling.

We are so fortunate to have a good management firm that handles the infinite number of details that need to be addressed in our community each day; for the hundreds of residents who give up their free time to serve on the advisory committees that are so invaluable to our Board; and residents who care about their community and let the Board (through our GM) know when they see something that needs to be repaired, an issue addressed, etc.

I hope that you have a fabulous rest of your summer. If you are travelling, may all your travels be fun and safe.

Joan Dzuro
Vice President

On Tuesday, May 23, 2017, the SCSH HOA Board members met to review the Strategic Plan for 2018 through 2022.
If you go to our website at www.scshca.com and click on the residents only section, you can then enter “Strategic Plan” in the search box and the current plan will pop up. This document was first created by the 2015 Board of Directors. Because we have Board elections each year, we usually have new members on the Board, sometimes as many as three at one time. We created this strategic plan to help the community develop a long-term strategy.
Each year the current board reviews the plan, and all comments from residents to see what might be included in the three- to five-year plan. This plan is the current one that the Board just approved.
Our meeting on the 23rd looked at a variety of items that residents sent in. First, let me thank each of you for taking the time to send the board your ideas. This is your home, and all of us on the Board want to continue to keep it the great community that it is today. We reviewed and discussed all your ideas and the videotape of the meeting is on our website.
After careful discussion, the board decided that we wanted to look at the following items:

• Keep covered parking with solar panels in the plan but look at this again in 2020.
• Look at costs for an intra-community shuttle with profit/loss evaluation for 2018.
• Look at a temporary, followed by a permanent, monument sign advertising Shadows on Jefferson and 40th Avenue – 2018 for the temporary one, and a permanent one in 2021 when CVWD has finished the flood run-off plan.
• Expand Shadows restaurant – we will consider this along with feedback from residents starting in 2019.
• Look at conducting an electrical audit and possibly adding a generator to create a cooling center should power go out in the summer – 2018 for the audit, and 2019 for the generator.

The board was very cognizant that $3.3 million in assets have been added to the community last year (some built by Pulte and some by the Association). We decided we need to slow down and let the reserve/replacement funds replenish, plus allow residents enjoy what they have for a little while, before undertaking more additions or major remodeling.
We are so fortunate to have a good management firm that handles the infinite number of details that need to be addressed in our community each day; for the hundreds of residents who give up their free time to serve on the advisory committees that are so invaluable to our Board; and residents who care about their community and let the Board (through our GM) know when they see something that needs to be repaired, an issue addressed, etc.
I hope that you have a fabulous rest of your summer. If you are travelling, may all your travels be fun and safe.
Joan Dzuro
Vice President

Once again as the first light breaks across the horizon, and a neighbor greets me with a “good morning,” I smile and reflect on the gift of this paradise. It is a pleasure meeting, talking, and working with so many of you. Feel free to contact me anytime with your questions or concerns.

One question that has come up quite often is: how is our monthly assessment spent? I thought I would take a moment and explain our forecasted monthly expenses. These amounts are based on the 2017 budget. As you know, our monthly assessment per homeowner unit is $255. Of this amount, $45 is credited to the Replacement Fund – this is the savings account we use to pay for future items that need to be replaced, repaired, or renovated. The balance of the monthly assessment, or $210 per homeowner unit, is forecasted to pay these estimated monthly operating expenses:

• $47 for Facilities Maintenance
• $44 for General/Administration
• $28 for Golf
• $27 for Property Protection
• $19 for Landscaping
• $13 for Recreation/Lifestyle
• $12 for Utilities
• $10 for Fitness
• $7 for Food/Beverage
• $6 for Capital Improvements
• $5 Common Area Improvements
• $5 for Contingency Fund

You may notice that the expenses I listed total $223 per homeowner unit per month. The difference ($223 vs. $210) is paid from other income that we anticipate earning during the year.

In funding the list above, we are paying for the amenities and lifestyle we enjoy. Not one of the items listed above makes a profit, and that is why we pay the monthly assessments. All of these items are subsidized by our monthly assessments.

So, I am asked, why doesn’t the restaurant make money? Why are we paying a subsidy for it? The answer is the same as for all the other items. We are paying a subsidy because all these items are conveniences that are supported by our monthly assessments. We don’t expect the swimming pools to make money, yet we pay to have them available. We don’t expect the fitness facilities to make money, yet we pay to have them available. We pay a subsidy for the Lifestyle programs so that we have them available.

When we pay to subsidize the restaurant, it is no different than the subsidy for all the other amenities. We are paying a small cost for the availability of the restaurant; we are not paying to use the restaurant. So, don’t think the restaurant will ever break even, it won’t, just like all the other items; they, too, don’t break even. They are all part of a whole picture that contributes to the life experience of enjoying living here at Shadow Hills. So, as you look at the list, you can see that the restaurant is actually one of the lowest cost amenities we have.

And because of all the terrific things I get to do, I will reflect on this beautiful day, the good morning greeting, all of the kind people who make me smile, and say to myself, “It doesn’t get any better than this.”

Kim Fuller
President