President’s Report – April 2021

As published in The View, April 2021:

Kim Fuller
President

VOTE, VOTE, VOTE, PLEASE VOTE!

The HOA annual meeting will be on April 6, 2021. I know we are repeating this information, but we need everyone to vote. There are only a few days left, so please complete your ballot and put it in one of the ballot boxes in either the Montecito or Santa Rosa Clubhouses. In addition to the Board election, there is one CC&R change and one Bylaw change on the ballot. All ballots must be in before April 6.

The CC&R change that is on the ballot is in response to a new State law, California AB3182, that went into effect on January 1, 2021. Last month I described this new law, which changes the minimum rental period to less than 90 days. Our CC&Rs currently state that the minimum rental period is 90 days. Our HOA is required to follow the new State law even though the CC&Rs say something different so, effective January 1, 2021, our HOA must allow rentals for 31 days or more, not 90.

The new law requires us to change our CC&Rs to conform to the new State provisions. Hopefully, we can get enough ballots in favor of the change but, even if we do not, we will still be required to enforce the new law no matter what our CC&Rs state. Unfortunately, we are not allowed simply to change the wording in our CC&Rs; our residents must vote in the change.

The other provision the Board presented is to change Bylaw Section 4.6.4, Balloting Time Requirements. Our current provision limits the time we can request ballots to 90 days. We are proposing removal of the 90-day limit so the HOA can still request ballots from those who have not voted after 90 days. The goal is to encourage more homeowners to participate and vote by giving the HOA more time to collect ballots. This change does not affect how many affirmative votes it takes to change the CC&Rs or Bylaws. It will still take 51% of all homeowners to make any change. This just allows the HOA additional time to collect more ballots.

There are also four candidates running for two positions on the Board. Linda Aasen and Kim Fuller are running for re-election, in addition to two new candidates, John MacDonnell and Moira MacLeod‑Foster. Please be sure to get your ballots in as soon as possible for the Annual meeting on April 6.

Better days are coming, so don’t forget, “it doesn’t get any better than this.”

Contact the author at kim.fuller@scshca.com.