President’s Reports

 

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

Below is a synopsis of this episode.

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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

 

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

Below is a synopsis of this episode.

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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

 

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

Below is a synopsis of this episode.

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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

 

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

Below is a synopsis of this episode.

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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

 

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

Below is a synopsis of this episode.

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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

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 pm 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

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

Good afternoon residents,

It seems so long, sometimes it is hard to remember what normal used to be. As we come into this holiday season, it is clear we still have some difficult days ahead. But we need to stay focused, we need to care for each other, and we need to know it will end, for that I am sure.

There is hope, and with hope comes help, and with help comes the bright light of the future. The Board wants to wish everyone a safe and healthy holiday, knowing a moment of magic is coming, when once again we will be thankful to be together.

Those are the days to look forward to, those are the days that are coming, and those are the days worth waiting for. There is no task so great that we cannot overcome. Take a moment and know those days are coming, when once again we can hold hands. The sun will be rising on those days soon, so look to the sky, and BELIEVE.

I wish you well this holiday season. Take care and be safe.

Kim Fuller
President

Audios may be found at:
www.scshca.com/podcast253
www.scshca.com/podcast254

Below is a synopsis of these episodes.

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Good afternoon residents,

Here are the highlights from Podcasts on Tuesday regarding the Indoor pool closure given the legal requirements from the State and County.

The Indoor Pool had to close on Wednesday, December 16, because of new State and County Orders. New Guidelines were issued on December 3 regarding indoor pools. The Board missed implementing the new guidelines on December 3 because we were focused on the new outdoor dining rules and the new gathering rules. Once a resident pointed out the new rules, we had no choice but to close the Indoor Pool on 12/16.

We were informed of another resident of SCSH that contracted the COVID virus and that person has died. This brings our total number of cases reported to us at 7 and 1 death from the COVID virus. As I stated before one other person died months ago and although that person had the virus that person was being treated for a terminal illness for more than a year.

As of yesterday, Sun City Palm Desert (SCPD) has had 105 cases and 7 deaths.

Currently there are over 3,000 people dying from the COVID virus every day in the US. According to government stats over 70% of the cases are from the gatherings of family and friends during the holiday season. The State has now removed any type of gatherings so that no gatherings of any size are allowed except for people living in the same household. The previous gathering Order which allowed for 3 households to meet outdoors is no longer in effect. No gatherings of any kind indoors or outdoors are allowed except for people that live in the same household.

Residents are required to follow the State and County Orders. The next 6 weeks will be very difficult, but we must be diligent in trying to prevent the spread of this virus until the vaccine is available and that is not expected for our age group until March. Please be most careful during this time, the Board’s primary concern is your health and safety. The holiday season can wait, it is worth waiting in order to keep you healthy and alive. If you attend a gathering it is recommended you isolate for 3-5 days and then get a COVID test to be sure you are clear before having contact with any other people.

There is no perfect answer on how to proceed, but the Board is trying to find that path that is safe while allowing for certain activities to proceed. Some residents will want more restrictions, while some prefer no restrictions at all. The Board understands these different opinions and hopes all residents will respect the decisions going forward given it is not possible to make everyone happy through this crisis.

The Board wants to explain the concerns of how we reach a decision given the State and County Orders. We believe it is not our place to determine the implementation of policy based on medical information and data. We are not medical experts, so it is not our place or role to evaluate the State and County orders as right or wrong, that is for medical experts and government officials.

When 70% of all cases come from family and friends gathering, I too wonder why the need to close certain activities when there is so little evidence of the virus spreading in those activities, but like I said, that is not our role. The Board must follow the law, and that is a major reason for reaching our decision. This protects the HOA from legal claims. We must be careful not to violate the law because our governing documents require we follow the law.

The problem is there is no insurance against any claim regarding the COVID virus. Virus claims are specifically excluded in insurance policies. So, any claim for damages will not be paid for by the insurance company. This means if there was a claim for damages the HOA would have to pay for such a claim from our own funds. That could lead to special assessments depending on the amount of such claims. Our only defense against such claims is that we followed the law. Hopefully, this helps to explain why we must be careful about how we operate so that we don’t violate any State or Count regulations during this time.

The new order from the State became quite clear, Indoor pools must close, no exceptions. So, we had no choice but to close the Indoor pool. We will be discussing on Monday how to implement new procedures to try and accommodate more swimmers in the remaining two outdoor pools. Hopefully, next week we will have some answers, but if you have suggestions please let us know.

As a person who has operated and built commercial pools for 35 years and knowing there is no evidence of the virus spreading in a chlorinated pool, I too believe some of the restrictions lack logic and common sense. The problem for the Board is defending ourselves and protecting all the residents of the HOA from any claim, real or made-up.

The Board has been deciding on the side of safety and health and given the stats of SCPD all the residents here should be commended for their efforts. Given our current information SCPD has nine times more cases on a per capita basis. A tribute to all the residents here for their efforts to keep SCSH as safe as possible. No one wants to lose their family or friends, and to that end it does take effort.

It is true we are going to have a difficult 6-8 weeks ahead. But there is a light at the end of this tunnel, and it is getting brighter every day. The vaccine is on the way and people over 65 years old are projected to be getting the vaccine by next March. Hopefully by summer this will all be behind us; it is those days to look forward to and those days are coming.

Please stay the course, do not let up now, we have all come too far to let down now. We are all in the last few miles of a marathon, but it does mean we need to finish this race, and we need to finish it with everyone safe and healthy. Please be careful over the holidays and protect yourselves, your family, and all your friends.

The Board thanks every one of you for your past efforts and for your future diligence.

Take care and be safe.

Kim Fuller
President

Good afternoon residents:

The Board met on Monday to discuss the new County and State Orders regarding masks and gatherings. The Board determined there was too much conflicting information about the use of masks, so the Board decided not to make any changes to the use of masks at this time. If you can maintain 6’ social distancing from other people you are not required to wear a mask outdoors. I have attached the State Order for mask guidelines.

 

 

Gatherings have changed in that 3 households may no longer meet even outdoors. The new State Order for gatherings is: “All gatherings with members of other households are prohibited…”. I have attached the State Order dated 12/3/20. This is a change from before when we could meet with 3 households outdoors, that is no longer possible. The State Order is now no guests or visitors at any time indoors or outdoors. There are exceptions by the State and one exception is golf, we may have outside people play golf. So, visitors or guests may play golf, but no one may gather before or after golf, indoors or outdoors. This is the only HOA exception for guests, otherwise guests are not allowed on Common Property or Private Property.

If you have questions, please let me know. The next 3-4 weeks will be difficult, but a vaccine is on the way. The light will be getting brighter each day.

Stay safe and healthy, I will be back to you soon.

Thank you.

Kim Fuller
President

 

Good morning residents:

As you probably know recent increases in COVID cases and hospital capacity concerns have resulted in new State and County restrictions. The State and County have issued new guidelines for all residents. The Board will be meeting today to go over the new restrictions. Yesterday you were notified that all outside dining is now closed, but Shadows is still open for take-out and delivery.

The new Orders have at least 2 substantive changes:

1. Masks will always be required outdoors. This would mean anytime you are out of your home a mask would be required. Golfers, Tennis players, Pickleball players, Bocce players, walkers on the street, bicyclists, etc. will have to wear masks all the time. It would mean masks are required putting out trash cans and getting your mail. It would mean masks are required on your own property while gardening, etc.
2. Gatherings of any kind, of any size, indoors or outdoors are prohibited. This would mean that 3 households can no longer meet outdoors.

The Board is meeting today to discuss and finalize the implementation of the new State and County Orders. I will let you know later today what is in effect. Please be prepared for these changes to take place tomorrow because according to the County Orders these new rules went into effect today.

Thank you for taking all precautions necessary to help everyone stay healthy and safe.

Let us take a moment and remember this is December 7, National Pearl Harbor Remembrance Day, a day in which 2,403 Americans perished during the attack on Pearl Harbor.

Let’s all be thankful we are here, in such a beautiful place, knowing we will persevere with everyone’s help.

Stay safe and healthy, I will be back to you soon.

Thank you.

Kim Fuller
President