President’s Message: CC&R

Kim Fuller

Once again, we need to request your help in voting on the CC&R and By-Law changes. The HOA and its volunteers have invested considerable efforts and spent over $40,000 to determine the community’s support and preferences as to potential changes to our governing documents but we are required to have your vote to finalize the process and put this current effort to rest. We need everyone to vote so these efforts and expense is not wasted. We need you to vote and send in you ballot to complete the process.

For the CC&R’s and By-Law changes, we estimate we will need a minimum of approximately 2500 ballots in order to assess and determine the desires of a majority of homeowners in the community as to each proposal in the Special Election. To date we only have about 1300 ballots, insufficient for ratification. If you have not already done so, please vote! In the coming weeks, if you have not voted yet, you will receive a new packet with a ballot and election specifications. Ballot drop-off boxes are located at the Santa Rosa Clubhouse and Montecito Clubhouse. If you have voted, thank you and please remind your friends and neighbors to do the same.

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. Measure 1 includes all the proposed changes to remove Pulte from the documents where possible and applicable, and all changes required because of new state laws. If item 1 passes, then the CC&R’s and By-laws as set forth in the materials provided 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 measure 1 passes, the documents will become clearer without Pulte being listed where applicable, and since we must implement new laws anyway, the documents would reflect that which is required by law.
  2. Measure 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 be allowed to serve longer if they are willing and to capitalize on their expertise. Others might feel that providing more homeowners opportunities to serve on Advisory Committees is encouraged.  A vote in favor of this measure supports removing term limits.  A no vote means that the present term limits imposed by the governing documents would continue in effect.
  3. Measure 3 is a vote to Prohibit Cumulative voting for Board member elections. Currently the governing documents direct that the HOA allow Cumulative voting every other year in the election process when 3 Board positions are up for election. Cumulative voting allows a homeowner to place one, two or up to three votes for any one candidate, or two for one candidate, and one for another candidate or one for three individual candidates selected from the total number of candidates running. When only two positions are up for election Individual voting is the required method. In individual voting you have up to two votes per household and may not place more than one vote to any one candidate. In Cumulative voting you may put more than one vote to any one candidate. This is the difference between the two voting methods. A vote “Yes” on this measure ends cumulative voting, and a vote “NO” keeps cumulative voting in place.
  4. Measure 4 is to Decrease the minimum rental term from 90 days to 45 days and will also remove present language which allows homeowners to rent for any period less than 90 days if they use a management company to rent their home.  A “Yes” vote means no Resident will be able to rent their home for less than 45 days, and there will be no more exceptions. A “No” vote means that the present limitations (90 days) and exceptions (rent for less time where a management company handles the rentals) will continue.

A majority of homeowners each having one vote per household on each Measure presented (approximately 1760 votes one way or another is necessary to determine the outcome of each individual measure.) This is your community and an opportunity to make your desires known at least on the Measures presented. Please vote. If you have questions, please let me know or contact other Board members or staff or seek counsel from your fellow homeowners.