The Workings of the Ad Hoc Governing Documents Committee

The ad hoc Governing Documents Committee has been busy working every two weeks for the past year in Study Sessions to make proposed revisions to our governing documents. The Committee is comprised of 5 attorneys: Robert Israel, Jim Kintner, Gordon Smith, Fera Mostow, RD Corette and one non-attorney, the Chair, Georgeana Mimms. Lee Powell was also a member who provided invaluable input over the months of work. Our Board liaison for the first year was Stu Stryker, and our current liaison is Joan Dzuro. Carey Thompson, our Board Treasurer has also been an invited guest to the study sessions and provided a great deal of helpful input. Ceasar Larrach recently joined us as our management liaison.

The Committee began its work with the CC&Rs because in the hierarchy of things – the CC&Rs are at the top of the food chain when it comes to our governing documents. As some of you are aware, the CC&Rs (Covenants, Conditions and Restrictions) are the written rules, mutually agreed to by all owners of homes in our SCSH Homeowners Association. CC&Rs are designed to protect the quiet enjoyment of residents and property values. CC&Rs are enforced by the Homeowners Association Board of Directors and are permanent "run with the land" so future owners are also bound. The California Davis Stirling Act Code 4525 requires that all home sellers provide a copy of the CC&Rs to the prospective home buyer prior to the transfer of title or the execution of real property sales contract. When a homeowner buys into our community, it is expected that they have reviewed all governing documents and know they have agreed to abide by them.

The original CC&Rs were written by the developer. There are many references to the developer in the CC&Rs. It is in our best interests to remove these references once the developer has left our community. There are provisions/definitions in the original CC&Rs that are now inconsistent with the law and need to be updated. There are provisions in the CC&Rs which were written for the benefit of the developer and those are being reviewed and proposed revisions are being made for the benefit of homeowners.

Once the Committee has completed its work, the Board will submit the proposed revisions to our attorney, Epsten, Grinnell and Howell. The Board will then review and make notations of comments. After that the proposed amended CC&Rs will go out to the homeowners for comment.
After the amended version of the CC&Rs have been sent to homeowners will be able to make comments and suggestions through the email and the Board will hold a Townhall where homeowners can express their views.

After final revisions have been made, all homeowners will vote on whether or not to adopt the new amendments.

The Committee has also been working on the By-Laws, the Charter Club Rules and Regulations and will soon start working on the Rules and Regulations.