As published in The View, February 2021:
Much is happening in the next couple of months with the Board election, CC&R changes, and the completion of the Frontier install. The annual meeting for the HOA will be on April 6, 2021. The Board election along with two CC&R changes will be on the ballot, so all ballots must be in before that date. Please fill out and send in your ballot right away – it should arrive at your home in late February.
One of the CC&R changes relates 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 31 days, from 90 days as stated in our CC&Rs. The HOA will not allow rentals for 30 days or less. Our HOA is required to follow the new State law even though our CC&Rs state something different. So, effective January 1, 2021, our HOA will not allow rentals for 30 days or less.
The new law requires us to change our CC&Rs to conform to the new State law, and an amendment will be on this year’s election ballot. Hopefully, we can get enough votes in favor of the change but, even if we do not, we will be required by law to enforce the new law no matter what our CC&Rs state. Unfortunately, we cannot simply revise the wording in our CC&Rs; residents must vote for the change in order to amend our CC&R document.
To change a CC&R provision, we need 51% of all homes to vote in favor of the change. This means we will need 1,760 affirmative votes to make it happen. If we do not get enough positive votes, we will have to leave the language in our CC&Rs the same – even though it will not apply and it will be different from the new State law.
When you receive your ballot, be sure to vote for this provision so we can hopefully align our CC&Rs with the State law. If we don’t pass this in April, we will have to hold a special election in the fall at a cost of $10,000 to try again.
The other provision the Board will present is a change to Bylaw Section 4.6.4, Balloting Time Requirements. This provision limits the time we can request ballots to 90 days. The proposed change will remove the 90-day limit so the HOA can still request ballots from those who have not voted after 90 days. The goal of this change is to have more residents 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 residents to make any change; this just allows more time to collect more ballots and increase participation.
There are four people running for the Board this April. Kim Fuller and Linda Aasen are running for re-election, while two new people are also running for the Board, John MacDonnell and Moira MacLeod-Foster. The Board election, along with the CC&R and Bylaw changes, will be on the ballot for the April annual meeting. Be sure to get your ballot’s in as soon as possible.
Phase 1 installs of the Frontier internet will have commenced by the time you get this article. We estimate all installs will be completed by March 1 for those that have requested service. If you have any questions, please let us know. There is an onsite supervisor here six days a week to help resolve any problems that might arise.
In January, I gave you the information about the new monthly dues rate for 2021 but, because there was one amount for January and a different amount for February through December, I thought it best to review your dues for the rest of the year.
The total monthly assessment per homeowner unit is $306 for February through December, which includes $12 per month for Frontier internet. The Board voted to issue each homeowner unit a one-time credit of $144, which was issued in January.
It has definitely been a most difficult time. Hopefully we can remain focused on helping each other to remain safe and healthy. Better days are coming, and I look forward to those special days again knowing, “It doesn’t get any better than this.”
Contact the author at email@example.com.