President’s Message: CC&R and By-law Changes

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