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.