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LAS BRISAS AT RANCHO INDIO I I HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
ARCHITECTURAL CONTROL STANDARDS
(Updated and revised June 2009)
Amended 05/11/09
1
TABLE OF CONTENTS
Description Page
Resolution - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
2
Rules and Regulations Age Restrictions - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
3-4
Architectural control - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5
Landscaping - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5
Parking and vehicles - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5
Animal restrictions - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6
Signs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6
Streets - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
7
Trash - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
7
Miscellaneous - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
8-10
Architectural Control Standards General requirements - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
11-12
Specific project requirements - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
13-15
Committee liability and authority - - - - - - - - - - - - - - - - - - - - - - - - - - -
16
Application form - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
17
Enforcement Procedures Initiation/Verification/Documentation - - - - - - - - - - - - - - - - - - - - - - - -
18
Notice of hearing - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
18-19
Forms - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
20-23
Amended 05/11/09
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Home Occupation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
24-25
Election Rules - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
26-29
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RESOLUTION OF THE BOARD OF DIRECTORS LAS BRISAS II H.O.A.
A California Nonprofit Mutual Benefit Corporation
RE: RULES AND REGULATIONS AND ENFORCEMENT PROCEDURES WWHEREAS, the Association executed and recorded a Declaration of Covenants, Conditions and Restrictions for the Association in Riverside County, California (“Declaration”) and subsequent amendments thereto, WWHEREAS, the Association’s governing documents enumerate that the nature and purpose of the Declaration is to set forth a general plan for the development and to preserve the value, desirability and attractiveness of the Homeowners for the benefit of all Members therein; WWHEREAS, the Association’s governing documents provide that the Board of Directors may, from time to time, in its sole and absolute discretion, adopt, amend and repeal by unanimous vote or written consent, rules and regulations to be know as “Association Rules and Regulations”; WWHEREAS, the Association’s governing documents provide that the Association, acting through the Board of Directors, shall initiate and pursue disciplinary proceedings against Members for violations of the governing documents, in accordance with the procedures set forth in the Declaration and Bylaws, including suspension of voting privileges and easements of use and enjoyment of the Common Area (hereafter collectively referred to as ““Membership Privileges”); WWHEREAS, the Association’s governing documents specifically authorize the Board of Directors to levy a ““REIMBURSEMENT ASSESSMENT” against any Member for purposes of: (1) reimbursing the Association for any costs incurred by the Association on behalf of an individual Owner and shall include costs incurred to repair any damage to the Common Areas or facilities as a result of or condition caused by violation of Governing Documents and (2) collecting any monetary penalties which may be imposed by the Association against an Owner who fails to comply with provisions of the Declaration, the determinations of the Board or Architectural Committee, or any rule or regulation adopted by the Association; and WWHEREAS, Corporations Code, Section 7342 and the Association’s Governing Documents provide a procedure which must be followed prior to the suspension of an Owner’s privileges; and the Board of Directors desires to establish an operative procedure to assure due process in cases where there is a question of compliance by a member, his/her family, his/her guests or tenants with the provisions of the Declaration, Bylaws, the Association Rules and Regulations, and the Association Architectural Standards. NNOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby adopts the following documents:
• The Association Rules and Regulations , attached as Exhibit A, and incorporated by this reference.
• Architectural Control Standards , attached as Exhibit B, and incorporated by this reference.
• Enforcement Procedures , attached as Exhibit C, incorporated by this reference and effective as of the date of the signatures herein.
CERTIFICATE OF SECRETARY I certify that I am the duly qualified and acting Secretary of the Las Brisas at Rancho Indio II Homeowners Association, a California Nonprofit Mutual Benefit Corporation. The foregoing is a true and correct copy of the Resolution duly adopted by the Board of Directors of the corporation at a meeting held on June 26, 2009, and entered in the minutes of such meeting in the Minute Book of the Corporation. The Resolution is in conformity with the Articles of Incorporation and the Bylaws of the Corporation and has never been modified or appealed and is, as of now, in full force and effect. Date: June 26, 2009
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EXHIBIT A LAS BRISAS II H.O.A.
RULES AND REGULATIONS I. AGE RESTRICTIONS
1. Las Brisas at Rancho Indio is an age restricted community that requires at least one individual be fiftyfive (55) years or older to reside in each property. All other residents must either be a Qualified Permanent Resident or a Permitted Healthcare Provider.
(a) A “Qualified Permanent Resident” is a person who:
Resided with the senior before death, hospitalization or prolonged absence of, or dissolution of marriage with the senior and is either (1) 45 years of age or older, (2) spouse or cohabitant of the senior, or (3) someone who provides primary physical or economic support for the senior;
Is a disabled non-senior with a disabling illness or injury who is a child or grandchild of the senior resident who needs to live with the senior resident or qualified permanent resident because of the disabling condition, illness or injury.
(b) A “Permitted Healthcare Provider” is a person hired to provide substantial live-in long-term or terminal health care to a qualifying resident, or a family member of the qualifying resident requiring that care.
2. Prior to occupancy of any residence by a new Owner, Lessee or other Individual, proof of age of all individuals residing there must be supplied in a signed, notarized writing to the Association’s Manager. Verification of the individuals’ ages must also be provided in the form of a copy of the Residents’ Driver’s License, Picture Identification Card, Immigration Card, Passport or Birth Certificate.
3. Any Qualified Provider must complete and sign a Qualified Provider Form, along with a signed letter from a medical doctor specifying the need for physical care, or a signed letter specifying the percentage of necessary financial support the Qualified Provider provides.
4. In order for Las Brisas at Rancho Indio II to legally maintain its status as a senior community, the Association must regularly conduct a census of the community. Therefore, all owners and occupants must comply with the following: Refer to Covenant Conditions and Restrictions, Article IVA, Section 7, page 14.
(a) Each occupant of a home within Las Brisas II, including all renters, relatives, friends, health care providers, etc. must complete and return the Age Verification Form (“Census”) on or before the date set by the Board of Directors at the time the Census is distributed. Each occupant completing the Census must have the Census
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notarized by a Notary Public and attach a copy of a driver’s license or other positive form of identification showing the age of the occupant.
(b) Owners who do not reside at Las Brisas II must complete the Census and attach a copy of a driver’s license or other positive form of identification, but are not required to have the Census notarized.
(c) Owners who do not reside at Las Brisas II must also provide a copy of the Census to all tenants or other occupants of their property, and must return same to management.
5. The Board of Directors may take action to terminate the occupancy of any resident of Las Brisas II who does not meet the age-qualification requirements and who is not a Qualified Resident or Permitted Healthcare Resident. The action to terminate the occupancy of an individual who fails to meet the residency requirements will generally be taken only after the following procedures outlined below:
(a) Request for information – The Board of Directors will forward a Request for Information to the owner/occupant of the residence. The request for Information form must be returned within fifteen (15) days of the date of the Request for Information.
(b) Notice of Hearing – If the information provided in the completed Request for Information form indicates that the person is not qualified to reside in Las Brisas II, or if the owner occupant fails to return a completed Request of Information form, then the Board shall give at least fifteen (15) days notice of a hearing to the affected person. The Notice of Hearing shall contain the date, time, and place of the hearing, the nature of the alleged violation, and a statement that the owner may attend the hearing and address the Board at the hearing.
(c) Notice of Ruling – The Board shall notify the owner of the decision by the Board to impose discipline, including imposition of a fine, and any applicable fines shall be levied at that time. Such fines will be posted to the owner’s account and become due and payable to Las Brisas at Rancho Indio II Homeowners Association. The Notice of Ruling shall also advise of the Board’s decision as to whether or not the person may occupy or continue to occupy a residence in Las Brisas II.
(d) Request for Reconsideration – The Board may be requested to reconsider the decision stated in the Notice of Ruling by submitting a Request for Reconsideration. If a Request for Reconsideration is granted by the Board, a date and time will be set for a second hearing on at least (15) days notice. At the second hearing, the Owner must present new information or evidence not already submitted. A Notice of Ruling shall be mailed in accordance with Section 3 preceding this section.
6. Pursuant to California Civil Code Section 51.11 (b)(3)(B), the Board of Directors may take action to prohibit or terminate occupancy by a person who is a Qualified Permanent Resident or Permitted Healthcare Provider under Section 1 (a)(ii) and 1 (b) above if, based on credible and objective evidence, the Board finds that the person is likely to pose a significant
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threat to the health or safety of others and such threat cannot be ameliorated by means of a reasonable accommodation. The procedure for such an action is as follows:
(a) Notice of Hearing – Notice must be reasonable and must inform the person whose occupancy is being challenged as well as the co-resident parent or grandparent of the reason for the action and that a hearing will be held; and
(b) Hearing – The Board must hold a hearing whereby the affected persons and/or their representatives may present evidence; and the Board of Directors considers the evidence in a closed, private session.
(c) Notice of Ruling – The “Notice of Ruling” shall be mailed to the affected persons within ten (10) days after the hearing.
(d) Request for Reconsideration – The persons affected may submit a Request for Reconsideration to the Board. If a Request for Reconsideration is granted, a date and time will be set for a second hearing on at least fifteen (15) days notice. At the second hearing, the Owner may present new information or evidence not already submitted. A Notice or Ruling shall be mailed in accordance with Subpart (c) preceding this section.
7. The Board of Directors may seek other available remedies, including initiation of a judicial action, where the Board determines, in its discretion, that circumstances warrant departure from the above procedures.
II. ARCHITECTURAL CONTROL
The CC&Rs define the duties, membership, authority and responsibilities of the Architectural Committee in ARTICLE XII of the CC&Rs. The Architectural Committee is directed by the CC&Rs to consider and act upon any and all proposals or plans submitted to it, to insure that any improvements constructed at Las Brisas II conform to the plans previously approved by the Committee. In accordance with its authority, the Board of Directors in conjunction with the Architectural Committee has promulgated rules and guidelines (“Architectural Standards”) (Exhibit B) to better assist homeowners. The Board shall follow these guidelines when considering or making changes to common area (s). All Homeowners must remember that ALL exterior alterations require architectural review prior to the commencement of the work. IT CANNOT BE IMPRESSED ENOUGH upon each and every homeowner the importance of reading your CC&R’s. These documents will inform you of the way in which the community is to be run. It is in everyone’s best interest to be knowledgeable of the CC&R’s and to follow the rules that are in these documents..
II I. LLANDSCAPING
Landscaping is considered an exterior architectural modification and, thus, is governed by the Architectural Standards contained in Exhibit B to better assist homeowners.
IV. PARKING AND VEHICLES
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1. No owner will park, store or keep any inoperable vehicle in either the street or the driveway of any home. Any inoperable vehicle must be stored in the confines of the owner’s garage. No owner shall perform major mechanical repair or restoration to any vehicle in the street or driveway of a home, but must confine all major repairs to vehicles to the garage.
2. No owner shall park, store or keep on any property in the community, side yard, street, or pad adjacent to the home, any commercial vehicles. A commercial vehicle shall be defined as, but not limited to the following:
Dump truck, cement mixer ,oil or gas truck, landscape truck, unlicensed vehicles or equipment, vehicles containing tools of a trade, signage, etc.
3. Motor homes, recreational vehicles, trailers, semi-tractor, cab type trucks, or any vehicle used for towing, etc. are not allowed to park on streets, driveways or other Las Brisas II common areas for a period exceeding 72 hours, in any seven (7) day period. No vehicle may use electrical, water or septic sewer services within the common area. Use of generators and leveling jacks on these vehicles is prohibited. Living in these vehicles or units is not permitted at any time.
4. Guest parking of cars on the streets is discouraged. Guest parking on the street may be allowed if the driveway area is full and the guest is staying for a visit not exceeding 72 hours.
5. Resident’s vehicles are not permitted to park regularly on the street at any time. Any vehicle left unmoved on the street longer than 72 hours maybe considered abandoned and towed at the owner’s expense, except if prior approval for an extended length of time has been obtained.
6. No other vehicle, equipment or structure of any kind not specifically listed in the rules and regulations Bylaws or CC&R’s but deemed a nuisance by the Board of Directors must be removed and or enclosed in the owner’s garage.
7. No vehicles of owners, guest’s, renters or invitees shall be parked in such a manner as to impede or prevent ready access to or from any driveway, mailbox or walkway of the homeowners. Mail carriers may withhold mail if they cannot reach mailboxes from their vehicle.
8. Speed limits of 220 MPH must be adhered to at all times.
V. ANIMAL RESTRICTIONS
1. No more than two (2) usual and ordinary household pets (not to include fish) may be kept on lots provided they are not bred or maintained for commercial purposes and provided they are kept in the enclosure or an enclosed yard. The Board must approve any variance to the number of pets allowed. Hoofed animals are prohibited.
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2. Animals are not allowed to run freely within Las Brisas II, but must always be on a leash when outside the residence. Pets not on a leash are in Violation of Indio Animal at Large Statute, and may be removed to an animal control facility.
3. Residents, guests and renters have an absolute duty and responsibility to “clean up” after any animals which have used common property or any portion of an owner’s lot, or any other resident’s lot. Residents should carry the appropriate equipment to remove and dispose of animal waste.
4. Owners shall not allow pets to bark or create a disturbance that is a nuisance or bothersome to other residents, whether the pet is inside or outside of the residence. Management should be contacted about noise disturbances for appropriate handling. If the proper animal controls are not implemented immediately and the disturbance continues, the owner may be asked to remove the pet from the premises.
5. Owners, residents and guests shall be fully responsible for any damages caused by their pets.
6. The Board may require the removal of any animal from the Las Brisas II which it deems to be a nuisance or threat to the health and or safety of others.
VI. SIGNS
1. Real Estate signs may be displayed, provided they conform with the City of Indio sign Ordinance as to size color and posting time.
2. Open House signs conforming to the City sign Ordinance may be displayed while someone is actually on the premises to conduct the open house and only between the hours of 8am to 5pm on the actual day of the Open House.
3. All “FOR SALE”, “FOR RENT”, “FOR LEASE” or “OPEN HOUSE” signs must not be larger than 18” x 24”, with colors conforming to the City of Indio Ordinance. The signs shall contain professionally painted block letters. Only one approved sign per lot may be displayed. No home made painted signs may be anywhere in Las Brisas II.
4. “For Sale By Owner” signs must meet the same criteria and requirements stated above in #3.
5. Signs not conforming to the above requirements or installed illegally anywhere in Las Brisas II will be removed and stored by the Association, without further notice.
6. Approved Real Estate signs shall not be displayed in the windows of houses, automobiles, trucks, golf carts or any other vehicle.
7. No personal business advertising through the use of signs is allowed on private or common property by any homeowner.
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8. A sign indicating a house in Las Brisas II is protected by a Security Service may be placed as close to the house as possible. Home made signs are not allowed as all signs must be durable metal with prepared, professional printing.
9. During a local, State or Federal election, and only one month prior to an election, a homeowner may be allowed to display a sign for candidate or issue, providing the sign does not exceed six (6) square feet in area and may not contain any obscenity or vulgarity or any other thing demeaning to the community and must be removed the day after the election.
VII. STREETS
1. All streets within Las Brisas II have a maximum speed limit of 20 MPH. Not all streets are posted with speed limit signs and it is the responsibility of the homeowner to notify all family, guests and renters of the maximum speed limit
2. All streets within the boundaries of Las Brisas II are part of the common area. The streets are not a play area and those choosing to play in the streets do so at their own risk and liability.
VIII. TRASH
1. All rubbish, trash, garbage and other waste materials shall be contained in sanitary containers concealed from view of the street and neighbors except when set out for trash pick up day.
2. No odors shall be permitted to arise from the sanitary containers as to be unsanitary or of annoyance to neighbors.
3. Trash containers shall not be left on the street for periods longer than 24 hours, either before or after a scheduled trash pick up.
4. There shall be no exterior fires allowed on either the common areas or private property due to the threat of fire hazard with the exception of Barbecue and fire pits which are in an enclosed yard.
5. No lumber, grass, tree or shrub clippings or any plant waste, metals, bulk materials, old furniture or appliances may accumulate on any portion of the property unless appropriately screened from view of the street and neighbors.
IX. MISCELLANEOUS
1. No clothing or household fabrics shall be hung, aired to dry or visible from the street or neighbor’s view.
2. Garage Doors should be closed when not in use to ensure security, prevent theft and provide a neat appearance.
3. Permanent sporting equipment structures such as a basketball hoop, etc. are not allowed in the front yard or attached to the front of any home. All permanent basketball structures are limited to the rear yard only and not
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visible from the street. Portable structures for basketball may only be used in the front yard and driveway between the hours of 9 am and 7 pm and must be removed when not in use.
4. Residents, guests and renters who are pedestrians are to be provided a key to the walkway or pedestrian entry to Las Brisas II Residents must discourage climbing or scaling the entry or pedestrian gate and antenna as this causes damage or may harm the climber.
5. Those owners who have a common wall dividing their lots shall have equal rights to the use of the interior surface of the wall. Neither owner shall use any portion of the wall or fence as to interfere with the use and enjoyment of the other. If any portion of the wall or fence is by anything other than negligence of either party it shall be repaired and the expense shall be jointly shared.
6. Home occupations are allowed with the following criteria ( refer to CCR IV Section I)
Business Activities. No business or commercial activities of any kind whatsoever shall be conducted in any Lot, provided that the foregoing restriction shall not apply to the activities of the Association in the discharge of its responsibilities under the Governing Documents.
(a) No restriction contained in this Article IV, Section 1, shall be construed in such a manner so as to prohibit any Owner from operating any business (hereinafter “Home Occupation”) in his or her residence that complies with the all of the following:
Conduct of the Home Occupation shall require prior written approval by the City of Indio and the Association.
All on-site employees shall be members of the resident’s family and shall reside on the premises.
There shall be no direct sale of products, services, or merchandise.
There shall be no displays, nor inordinate amount of delivery of mail or merchandise.
There shall be no advertising (including in any telephone book or on the internet)which identified the Home Occupation by street address.
Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.
The Home Occupation shall not involve use of commercial vehicles for the delivery of materials or personnel to or from the premises.
There shall be no outdoor storage of materials or equipment, nor shall merchandise or products be visible from outside the house.
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The Home Occupation shall be confined within the main building of the residential Lot. Garage shall not be used for Home Occupation, or work on equipment relating to such business.
Activities conducted and equipment or materials used shall not change the fire safety or occupancy classification of the premises.
It will not interfere with the peaceful enjoyment of other residents.
The Home Occupation will not have visiting clients, customers, suppliers, contractors, employee, or similar.
No Home Occupation shall be conducted from rental property.
(b) Notwithstanding the foregoing, a Home Occupation approval may be revoked or modified upon thirty (30) days’ written notice by the Association if, after providing a notice and a hearing, the Board of Directors makes any one or more of the following findings:
That the use has become detrimental to the quiet enjoyment of any resident within the Project and/or constitutes a nuisance.
That the use has become detrimental to the Association and/or any resident base on any health or safety concern.
That the approval was obtained by the applicant by a misstatement of facts.
That the Home Occupation is generating pedestrian or vehicular traffic or parking concerns.
That the use is in violation of any city, county, state, or governmental law or regulation, or it violates any of the conditions listed in section (a).
7. No noxious or offensive activity or behavior by any homeowner or renter or resident shall be carried on which is an unreasonable annoyance or nuisance to any other homeowner. Some offenses are, but not limited to: odors, exterior speakers, radios, horns, whistles, bells, noisy or smoky vehicles, large power equipment, large power tools, off-road vehicles, motors.
8. The Association and its representatives have the right to enter any lot, providing such entry is necessary with the Association’s duties, including, but not limited to, the construction or maintenance or emergency repairs of common property or private property. In the case of non-emergency problems or low priority repairs, the Association will always ask permission from the owner before entering their lot or starting repairs.
9. Residents with pools must insure that entry to their backyards or pool areas are gated and locked so that access to the pool area by small children is difficult.
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10. Pools can only be drained into owner’s private exterior sewer and not into the street.
11. No person shall damage the Association’s common area property. The owner of each lot shall be liable to the Association for all damage to the common area or to any improvements thereon or thereto, caused by owner, owner’s family, tenants, guests, or invitees. After due process, the Board may levy a Reimbursement Assessment against an owner/lot to reimburse the Association for costs incurred in repairing any damage to the common area for which the owner was found responsible. Said assessments shall be collected in the same manner as Regular and Special Assessments and may have a lien recorded against the property and foreclosed upon.
12. All recreational vehicles, motor homes, trailers, boats, etc. must be behind closed gates, unless loading or unloading.
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EXHIBIT B
LAS BRISAS II H.O.A.
ARCHITECTURAL CONTROL STANDARDS
PREFACE
The Architectural Review Committee of the Las Brisas at Rancho Indio II H.O.A. is charged with the duty of preserving the4 architectural character of the community. Article XXI of the “Master Declaration of Covenants, Conditions and Restrictions” (CC&R’s), and Article V, Section 1b and 1c of the “Bylaws” of the Las Brisas at Rancho Indio II H.O.A ., define the general area and nature of the Committee’s responsibility while allowing it broad latitude and discretion in dealing with specific situations and requests. The accompanying standards have been adopted by the Architectural Review Committee to assist homeowners in submitting their proposals for consideration. These standards may be modified or changed from time to time whenever sufficient evidence is presented to the Committee to warrant a reevaluation of these standards, or whenever experience gained in dealing with specific requests demonstrates the necessity of reconsidering a previously established standard. Appropriate means will be taken to notify all homeowners in the event of any modification or change in these standards. As a matter of record, the homes in our community were designed in a Mediterranean style. Mediterranean style homes are recognized by most of the following features:
Stucco exterior Low-pitched hip roof, usually red tile, although sometimes green Use of arches in entry, windows and porches Wrought iron grillwork utilized on balconies and porches Use of roofed entrances to the houses that use columns or turrets.
In keeping with the architect’s original design intent, we will use the Mediterranean Architectural Style as the standard for all reviews, approvals, and restrictions.
I. GENERAL REQUIREMENTS 1. Background Information
(a) Each proposed architectural change must be specifically approved by the Committee, even if the proposal conforms to foregoing guidelines.
(b) The Committee will consider only written requests. Oral requests will not be considered.
(c) The Committee must refuse permission for a proposal which in its opinion, would, if constructed, have a detrimental effect on the neighboring lot/properties or the community as a whole. A proposal will be considered to have a detrimental effect, if
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constructed, if it does not serve to maintain a uniform and well-maintained appearance throughout the community, is architecturally inconsistent with the rest of the community, detracts from the value, desirability and attractiveness of the community, is not aesthetically pleasing, or is other wise in violation of any restrictions contained in the Governing Documents or these. Standards.
(d) If a proposal is rejected the applicant is free to request that the committee reconsider its position and is encouraged to present new or additional information which might clarify the request or demonstrate its acceptability.
(e) The Committee will consider written complaints from homeowners of real or apparent violations of the CC&Rs. If the Committee determines that an actual violation has occurred it will take appropriate action to rectify the situation.
(f) As required by the CC&Rs, the Committee will answer a request as promptly as possible. If the Committee fails to reply to the applicant within thirty (30) days of receipt, then the request is considered to have been approved.
2. Application Procedure
(a) A completed ARC Change form should be sent to the Management Company Office, to the Attention of the Architectural Review Committee Chairman.
(b) The description of the project should be brief but specific containing in addition to the general nature of the work, all information necessary for the committee to take action. Necessary data would include the height, length, width, size, shape, color and location of the proposed change. Photographs or sketches of similar completed projects would aid in the Committee’s consideration. If the alteration affects the existing drainage pattern the proposed drainage pattern must be included.
(c) For exterior painting or landscaping cchanges, a color pallet and location of the project on the site is required, as part of the application.
(d) Furthermore, modifications to the existing house require that plans and specifications accompany the application.
3. City and County Building and Work Permits
(a) Approval of any project by the Committee requires obtaining the required city building permits. Structures exceeding 120 sq. ft. require a permit.
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(b) The obtaining of a city building or work permit does not relieve the applicant of the responsibility of obtaining the approval of the Committee.
(c) The Committee will not knowingly approve a project, which is in violation of the Indio City Building or Zoning Codes or Regulations.
4. Miscellaneous Requirements
(a) A $500.00 Refundable Construction Deposit is required to be submitted with each application for major projects, i.e. room additions, pool installs, driveways, patio covers, etc. Purpose of the deposit is to insure work is completed in a timely manner, per submitted plan, and do damage to other properties or common areas.
(b) Approval of any project by the Committee does not negate the applicant’s responsibility to execute the project in a workmanship-like manner.
(c) The storage of materials prior to and during construction shall not be stored on the street and must be stored on the owner’s property.
(d) Committee approval includes the right to inspect the completed project to assure the execution of the approved plan.
(e) All projects must be completed within 6 months from approval of the application by the Committee so as not to create a nuisance to the neighborhood. It is the Owner’s responsibility to insure and enforce contractor Debris Clean-up during and after construction.
(f) Owner is responsible for damage and/or repair to Common Areas and other properties.
II. SPECIFIC PROJECT REQUIREMENTS
1. Building Alterations and Additions and Detached Structures.
A. General
Any addition to an existing building, any exterior alteration, modification, or change to an existing building, or any new detached structure shall have the approval of the Committee before any work is undertaken. Examples of such projects might include a screen porch, deck, greenhouse, storage shed, fireplaces, etc.
Any addition, exterior alteration, modification or change to an existing building shall be compatible with the design character of the original building. Any new detached structure shall be compatible with the parent structure.
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It is suggested that an individual contemplating such a project consult with the Committee during the preliminary planning stages.
B. Detached Structures.
Any new structure should be nearby or adjacent to the parent structure. The Committee may require additional landscaping or screening, if in its opinion, such additional screening or landscaping is necessary.
C. Patio Covers
Patio Covers are to be permanent trellis style structures constructed of low maintenance materials such as Alumawood or equivalent material. Patio covers must be submitted with drawings showing dimensions, material type, and color samples.
D. Doors and Awnings
Exterior doors may be changed as long as they are compatible with Mediterranean architectural design of the community.
Window awnings do not reflect the character of the community are therefore prohibited, when visible from the street or common area.
E. Materials and Color
Only the exterior materials existing on the parent structure or compatible with the architectural design character of the community will be approves.
Exterior color cchanges will be approved based on the approved color pallet, which is available upon request from the Architectural Review Committee.
Garage door must match color of gate/fence.
2. Fences, Screens, Garage Doors, and Garden Walls
A. General
Fencing, screens, garage doors, or garden walls will not be altered or modified so as to change the original builder design that was approved by the City of Indio.
No Front yard boundary fencing and/or screening shall be allowed.
Fencing and Garage Door color changes will be approved based on the approved color pallet, which is available upon request from the Architectural Review Committee.
3. Exterior Antennas and Flag Poles
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A. Installation or use of a video or television antenna, satellite dish or receiver (except those fully contained within the interior of a house) is subject to approval by the Architectural Review Committee. The installation of an antenna, satellite dish or receiver having a diameter or diagonal measurement of 36 inches or less is subject to reasonable requirements of the Committee, including the following: Any such antenna, dish or receiver must be (a) located as inconspicuously as possible, preferably toward the rear of the house and not extending above the top of the roofline, and (b) painted to match the exterior stucco or trim color of the house, (Civil code Section 1376).
B. No exterior antenna satellite dish or receiver having a diameter or diagonal measurement of more than 36 inches, and no antenna or receiver installed upon any pole or mast will be approved by the committee.
C. Flag Poles shall not exceed 20 feet in height nor shall the flag displayed be more than 3 feet by 5 feet in size. The American Flag (Stars & Stripes) should be displayed according to the FEDERAL FLAG CODE, Public Law 94-344, dated July 7, 1976. State Flags should follow the same regulations as set forth in the FEDERAL FLAG CODE. Display of flags from other nations is subject to the Architectural Committee approval process.
4. Swimming Pools
A. Temporary above ground swimming pools are prohibited.
B. Swimming pool design shall conform to city and county regulations. The use of planting in the vicinity of the pool is recommended to soften the effect of sound on adjacent lots.
5. Driveways
A. Extending, widening or re-routing of existing driveways is prohibited unless approved by the Architectural Committee and meets City Codes.
6. Landscaping and Planting
A. Each lot in Las Brisas II has been irrigated with domestic water. This means your sprinkler system operates off of your house water. For this reason, these landscape standards were developed to minimize water usage yet promote an aesthetically pleasing neighborhood, which will provide continuity and uniformity of design.
B. Front Yard
The front yard is defined as any area between the two corners of the street facing place of the home (landscape that can be seen from the street).
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The front yard of the home shall have at least two (2) trees of 1 ” diameter or greater. If a tree or any other planting dies, it needs to be replaced. The front yard shall be planted with a combination of trees, shrubs, ground cover, and/or flowers to add color.
Each owner shall keep all shrubs, trees, grass and planting of every kind on the lot, and all planed areas between his/her lot and adjacent streets, if any, neatly trimmed, properly cultivated, and free of trash, weeds and other unsightly materials. Shrub beds and flower plantings are encouraged.
If “desert style” front yard groundcover is used, the owner must provide flowered plantings to add color to the yard.
Trees, hedges and shrubs, which restrict sight lines for vehicular traffic shall be cut back, or removed if necessary.
Plants to be covered with shade cloth of solid earth toned color and supported by stakes. Shade cloth cannot be attached to any part of the structure.
Solid earth toned colored umbrellas are allowed within a walled front courtyard.
C. Rear Yard
Rear yards must be landscaped with consideration for Las Brisas Community health and safety, and City mandated setbacks
Rear yard work must be completed within 6 months of the effective date of this amendment or six (6) months after the close of escrow.
Application for structures that protrude above the height of the neighboring walls are subject to approval by ARC.
7. Miscellaneous
1. Exterior lighting shall not be directed in such a manner as to create any annoyance to the neighbors. High intensity lighting (Sodium or Mercury Vapor) is prohibited.
2. Exterior lights that face the private streets or common area must be in keeping with a Mediterranean style, and must be approved by ARC before installation.
3. Clothing, laundry and wash shall be aired or dried only in the rear yards (for instance on temporary drying racks or hangers in a patio area) where it is not visible from the Common Area, including any private street. Clothes lines are prohibited and clothing and laundry shall not be hung from or on fences, trees or other structures or landscaping improvements.
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III. COMMITTEE LIABILITY AND AUTHORITY 1. The Committee and its members are not liable to the Association or to
any Owner for any loss, damage or injury arising out of or in anyway connected with exercising discretion in granting approvals, disapprovals and decisions, and otherwise performing their duties, unless due to the willful misconduct or bad faith of the Committee and its members. The Committee’s review of plans submitted to it will be based solely on aesthetic considerations and the overall benefit or detriment which might result to the immediate vicinity and the Project generally, all in accordance with the Governing Documents of the Association and these Guidelines. The Committee will not be responsible for reviewing and its approval of any plan or design will not be deemed approval of any such plan or design from the standpoint of engineering design, structural safety, and defect in any structure, constructed from such plans, or conformance with building or other codes. Approval of plans and specifications by the Committee does not relieve the Owner applicant of the responsibility to obtain necessary building permits and approvals from the City or governmental authority having jurisdiction.
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LAS BRISAS II H.O.A. Avail Property Management
47-350 Washington Street #101 La Quinta, CA 92253
760-771-9546 760-771-1655 (fax)
REQUEST FOR ARCHITECTURAL APPROVAL
Owner/Applicant ________________________________________ Phone ____________________________ Property Address ________________________________________ Date ______-______________________ TYPE OF REQUEST: (If requesting approval for yard landscape designs or anything requiring a plan, please attach to this form) _________________________________________________________________________________________ _________________________________________________________________________________________ NOTE: A $500.00 REFUNDABLE DEPOSIT IS REQUIRED WITH THIS APPLICATION FOR ROOM ADDITIONS, POOL INSTALLATION PATIO COVERS OR ANY OTHER MAJOR RENOVATION. THIS MODIFICATION OR CONSTRUCTION MUST BE COMPLETED WITHIN 6 MONTHS OF THE DATE OF APPROVAL OF THIS APPLICATION. OWNER IS RESPONSIBLE TO REPAIR/REPLACE ANY DAMAGE TO THE COMMON AREA OR SURROUNDING PROPERTY TO ITS ORIGINAL CONDITION. ______________________________ (Signature of Applicant)
ARCHITECTURAL CONTROL COMMITTEE USE ONLY The above request for modification/improvement was reviewed on ______________________. Action taken by Architectural Control Committee: ( ) Approved ( ) Approved as noted ( ) Not Approved Comments: ____________________________________________________________________________________________________________________________________________________________________________________
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Signed/Acknowledged: ___________________________ _____________________________ ___________________________ _____________________________ (must have 3 signatures) Date Approved/Rejected _________________________
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LAS BRISAS II H.O.A.
ENFORCEMENT PROCEDURES
STEP I INITIATION If a Violation Report is completed by a homeowner, a Board Member, Property Manager or another designated representative of the Association, the Violation Report will be verified as described below
STEP II VERIFICATION Verification of a Violation Report with the Association’s CC&R’s, Bylaws, or Rules
and Regulations (hereafter Governing Documents) is accomplished by the Association. Violation shall be defined as an act in direct conflict with the Association’s Governing Documents, and/or local, county or state requirements.
STEP II I DOCUMENTATION
A. A WWarning Notice is completed by the Property Manager and Forwarded to the violating homeowner. At the discretion of the Board, this step may be skipped if, based on the seriousness of the violation, more immediate action is warranted.
B. If the violation persists after two warnings have been issued or if the seriousness of the violation warrants immediate action either (1) a Warning Notice is sent to the violator, stating a deadline by which to cure the violation; or (2) an Expedited Hearing Notice stating a date on which a violation hearing will be conducted.
C. If a Violation Notice is sent and the violator fails to take necessary action by the deadline given, a HHearing Notice will be sent to the violating homeowner, setting forth the date, place, and time where the violator can be heard before the Board of Directors on the violation. Failure to appear could result in immediate discipline including, but not limited to, imposition of a reimbursement assessment, suspension of voting and common privileges. The Association must give at least fifteen (15) days, but no more than thirty (30) days written notice of the hearing to the violator before any action is taken, pursuant to Corporations Code 7341 and the Governing Documents.
STEP IV HOMEOWNER HEARING PROCEDURE
A. Findings of Fact and Recommended Action: The Board of Directors must make specific findings as it relates to the violation of the Governing Documents, noting them on the HHomeowner Hearing Procedure Form and RRuling Notice Form with the facts which support its decision. The decision of the Association and action recommended/taken should also be noted. NOTE: If no violation is found then no remedy is required, and the Association would then issue a Ruling Notice pursuant to Step C below.
B. Remedies. If it is determined a violation has taken place, the Association has the following remedies:
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1. Suspend voting and/or common area privileges.
2. Self-Help Remedy for Continuing Violations – If the violation of the Governing Documents continues and can be cured through a self-help remedy, the Board’s action should be to demand correction of the continuing violation and a date by which a homeowner must comply ( a reasonable period of time shall be given to the homeowner) via the Notice of Ruling. The Notice of Ruling should further indicate that if the homeowner fails to comply within the time provided by the Association, The Association would bring the homeowner into compliance and charge the cost of same to the homeowner as a Reimbursement Assessment.
3. Impose Reimbursement Assessment/Fines – Even if the violation is not of a continuing nature, and does not lend itself to a self-help remedy, the Board still has the authority to impose a reimbursement assessment/fine for failure to comply with the provisions of the Governing Documents. The Board may only impose a reimbursement assessment after providing notice and hearing to a violating homeowner, pursuant to the minimum requirements set forth herein. The following reimbursement assessment structure is based upon a reasonable determination of the cost (i.e. attorney’s’ fees, property management fees, etc.) expended by the Association in performing its functions in enforcing the Governing Documents as well as a fine:
First Violation Written Warning Notice and up to $200.00 Second Violation Up to $300.00 Third Violation Up to $500.00 and possible legal action
4. Other Potential Remedies – If a violation continues and could be cured by a self-help remedy, the Board may demand correction by a specific deadline, and, if the owner does not comply, may bring the owner in compliance and charge the owner a reimbursement assessment. If the violation is of such serious nature that potential legal action is contemplated, the Association’s general counsel should be consulted for determination whether Alternative Dispute Resolution (ADR) should be offered to the violating homeowner (as well a consideration of other potential remedies).
C. Ruling Notice. Regardless of what remedy the Board chooses to take, even if no violation is found, the Association must mail to the violating homeowner a Ruling Notice within seven (7) days after the date of hearing, pursuant to Article III, Section 3 of the Bylaws. If the Board action is to assess a reimbursement assessment/fine, then the Board must authorize the Association’s Manager, or other representative, to give a Notice of Ruling to the violator, and request payment of any reimbursement assessment against the violator within thirty (30) days after the Ruling Notice is mailed. This is to be recorded in Executive Session minutes or regular minutes, whichever is applicable.
D. Collection of Reimbursement Assessments/Fines. Pursuant to the Association’s Collection Policy,
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1. If a reimbursement assessment was levied for damage to the common area and is not paid within thirty (30) days after mailing the Ruling Notice, then the amount of the reimbursement assessment shall be added to the amount of the maintenance assessment charged to the owner and shall be enforceable as an assessment upon the owner’s property in accordance with the CC&R’s and Civil Code 1366 and 1367.
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LAS BRISAS II H.O.A. Avail Property Management
47-350 Washington Street #101, La Quinta, CA 92253 (760) 771-9546
NOTICE OF ARCHITECTURAL VIOLATION AND ORDER TO COMPLY
Date: ____________________________________ Name(s): ____________________________________ Mailing Address: ____________________________________ Property address: ____________________________________ City, State, Zip: ____________________________________ Dear Property Owner: This notice is being sent to you in an effort to call your attention to a problem that exists on your property. When you purchased your lot, you covenanted and promised to support Las Brisas at Rancho Indio II Homeowners Association by conforming to the Covenants, Conditions and Restrictions; local ordinances, and the Association Rules and Regulations. Purchasers of property at Las Brisas at Rancho Indio II Homeowners Association were guaranteed by the CC&Rs that these covenants would be enforced, thereby protecting the values and rights of their property.
Most of the so-called rules of the governing documents are, in fact, State, County and City building and safety codes. Other requirements are for the health, safety and quiet enjoyment of all the homeowners who own property at Las Brisas II. As such, you are hereby notified of a violation and the need to immediately correct same:
• DESCRIPTION OF VIOLATION REPORTED:
____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
• LOCATION OF VIOLATION – LOT NO. (ADDRESS): _________________________________________________
• NECESSARY ACTION TO CONFORM WITH THE LAS BRISAS AT RANCHO INDIO 11
HOMEOWNERS ASSOCIATION CC&Rs, LOCAL ORDINANCES AND/OR ASSOCIATION RULES AND REGULATIONS:
____________________________________________________________________________________
________________________________________________________________________________
• DATE REMEDIAL ACTION MUST BE TAKEN: _____________Immediately.___________
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Failure to comply with this order by the above time and/or date shall constitute a willful violation which my result in sanctions and/or legal action. LAS BRISAS AT RANCHO INDIO II HOMEOWNERS ASSOCIATION A California Nonprofit Mutual Benefit Corporation By: ______________________________________ cc: Board of Directors
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LAS BRISAS II H.O.A. Avail Property Management
47-350 Washington Street #101, La Quinta, CA 92253 (760) 771-9546
NOTICE OF HEARING
Date: ____________________________________ Name(s): ____________________________________ Mailing Address: ____________________________________ Property address: ____________________________________ City, State, Zip: ____________________________________ RE: LAS BRISAS AT RANCHO INDIO II HOMEOWNERS ASSOCIATION __________________________________________________________________________________________ Dear Property Owner: You have been notified of your violation of Las Brisas at Rancho Indio II Homeowners Association’s Covenants, Conditions and Restrictions (CC&Rs) and/or Rules and Regulations. These previous notices have not caused the violations to cease. In accordance with the Corporations Code §1363 and the CC&Rs, we are hereby serving Notice upon you to appear at the date, time and place designated below for a Hearing before the Board of Directors. The outcome of this Hearing may result in an imposition of a Special Assessment or any other remedy available to the Association. VIOLATION REPORTED:___________________________________________________________________________ HEARING DATE: ______________________________________ TIME: _____________________________ PLACE: __________________________________________________________________________________ __________________________________________________________________________________________ If you have any questions, please contact: ________________________________________________________________ Sincerely, LAS BRISAS AT RANCHO INDIO II HOMEOWNERS ASSOCIATION A California Nonprofit Mutual Benefit Corporation
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By: ______________________________________ Cam Anderson Property Manager cc: Board of Directors
LAS BRISAS II H.O.A. Avail Property Management
47-350 Washington Street #101, La Quinta, CA 92253 (760) 771-9546
NOTICE OF RULING
Date: ____________________________________ Name(s): ____________________________________ Mailing Address: ____________________________________ Property address: ____________________________________ City, State, Zip: ____________________________________ RE: LAS BRISAS AT RANCHO INDIO II HOMEOWNERS ASSOCIATION NOTICE OF
VIOLATION AND ORDER TO COMPLY DATED: Dear Property Owner: You have been notified of your violation of Las Brisas at Rancho Indio II Homeowners Association’s Covenants, Conditions and Restrictions (CC&Rs), and/or Rules and Regulations. In accordance with the Notice of Hearing, a hearing was held by the Board of Directors at the time, place and date set forth below: HEARING DATE: _____________________________________ TIME: ______________________________ PLACE: __________________________________________________________________________________ __________________________________________________________________________________________ 1. This matter has been reviewed by the Board of Directors of the Las Brisas at Rancho
Indio II Homeowners Association who make the following findings of fact: ____________________________________________________________________________________ ____________________________________________________________________________________
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____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ (continued on next page) NOTICE OF RULING continued 2. Based on the foregoing findings of fact, the Association takes the followiing action:
_____ No Action taken.
_____ Demand to remove the unauthorized improvement or other work and to further restore the property to its original condition (prior to commencement of the unauthorized improvement) by the date of ___________________________. Failure to comply could result in the Association causing such removal and restoration and, upon notification by the Architectural Committee of the cost thereof, the Association pay such cost and will levy a Special Assessment against the Violating Owner in accordance with the CC&Rs and Civil Codes §1366 and §1367.
_____ Special Assessment levied in the amount of ____________________. _____ Other: ________________________________________________________________________ ________________________________________________________________________ Any Special Assessment imposed against you must be paid to the Las Brisas at Rancho Indio II Homeowners Association within thirty (30) days of the date of this Notice of Ruling. Las Brisas at Rancho Indio II Homeowners Association’s CC&Rs provide that Special Assessment shall be enforced by suit or lien.
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Sincerely, LAS BRISAS AT RANCHO INDIO II HOMEOWNERS ASSOCIATION A California Nonprofit Mutual Benefit Corporation By: ______________________________________ Cam Anderson Property Manager cc: Board of Directors
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LAS BRISAS I I H.O.A. AVAIL PROPERTY MANAGEMENT
47-350 Washington Street #101 La Quinta, CA 92253
760-771-9546 760-771-1655 (fax)
HOME OCCUPATION APPLICATION & INDEMNIFICATION AGREEMENT
THIS APPLICATION AND AGREEMENT is entered into by ________________________(owner) and Las Brisas Rancho Indio II HOA in regards to _________________________(property address) THE BOARD OF DIRECTORS of the Association amended the CC&R’s which were executed and recorded on March 26, 2009, as Instrument #2009-0147344, in the County of Riverside which allows certain home businesses to be conducted, provided they comply with CC&R’s, Article IV, Section I. THEREFORE, the owner understands, and will comply with, the restrictions in regards to the business operation and states the following is correct:
1. Owner is the record owner(s) of _____________________________, Indio, CA
2. Owner agrees to limit the home occupation to the following room(s)_________________ ________________________________________________________________________
3. The type of business to be conducted will be:___________________________________
4. Owner hereby agrees to:
a. Indemnify for himself/herself, as well as for his/her successors and assigns, and agrees to hold Association, its members, officers, agents, contractors, etc., harmless from all claims, demands or liability arising out of, or encountered in, connection with the agreement or the home occupation, whether claims, demands or liabilities are caused by owner, owner’s agent/employee, third party invitees/vendors, their agents/employees, or caused by any product installed on the property by the owner.
b. Home occupation as approved and identified shall comply with all laws, ordinances, rules and regulations of the City of Indio, or other governmental agencies.
c. Owner agrees to allow the monitoring and review of the home occupation by the Association’s agent on an ‘as needed’ basis, if the Board determines it is necessary, and agrees to the revocation of the Association’s approval if the home occupation if found to be in violation of the Association’s and/or the City’s home
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occupation policies.
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d. Owner agrees that in the event any action , suit, or other proceedings is instituted to remedy, prevent, or obtain relief from a breach of this Agreement, the prevailing party shall recover all of such party’s attorneys’ fees incurred.
e. Owner will provide a copy of the City of Indio Business License to the Association. Reciprocal Business Licenses from other cities will not be acceptable.
THIS AGREEMENT is entered into this ______ day of _____________________, ______ OWNER(S) ______________________________________________________________________________ (signature) ______________________________________________________________________________ (print) Date:_______________ Board Approval ______________ Board Denial ______________ Comments/Conditions:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Date:________________ LAS BRISAS RANCHO INDIO II H.O.A. Board of Directors _____________________________________ (signature) _____________________________________ (signature)
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LAS BRISAS II H.O.A. ELECTION RULES
1. No member shall be provided access to association media within thirty (30) days of an association election. For purposes of this paragraph, “association media” means the association’s newsletters, internet websites and/or association cable channel. The term “within thirty (30) days of an association election” shall mean the thirty (30) days prior to the date the first election ballot material is sent to the membership. The term “association media” shall not include the official ballot materials sent to the membership inclusive, for board of directors election, biographical description and photographs of the nominees that are running for the board of directors.
2. In each election for the board of directors, the association shall hold a forum for the nominees within the association clubhouse or other common area meeting place prior to the date that the ballot materials are sent to the membership. The forum will be for the purpose of allowing the members to meet and ask questions of all nominees and all nominees standing for election shall be invited to attend the forum. In addition to the “Meet the Nominees Forum,” each nominee (or group of nominees if they group themselves together) may have access to use the association clubhouse, at no charge, for one additional time to meet with members pursuant to their campaign for election to the board of directors. For ballot measures that are required to be submitted to the membership that are unrelated to the board of directors election, the association shall have a town hall meeting (not a formal membership meeting, but an informal gathering of the members in which the members can express their points of view) anytime a ballot measure is sent to the membership to amend the bylaws/CC&Rs or similar ballot measures requiring membership approval.
3. In order to run for the board of directors, candidate must be a member of the association who is in good standing. In order to be in good standing a member must be current in payment of all assessments levied against the member’s unit and not be the subject of any suspension of voting privileges as a result of any disciplinary proceeding conducted in accordance with the Governing Documents.
4. The nomination process to nominate a candidate to run for the board of directors shall be as follows:
a. Nomination for election to the board shall be made by a nominating committee consisting of three (3) persons. The nominating committee shall consist of a chairman, who shall be a member of the board and two (2) other association members. Each member of the nominating committee shall be appointed by the board to serve for a period of one year, and vacancies thereon shall be filled by the board. The nominating committee shall make as many nominations for the election to the board as it shall, in its discretion, determine, but not less than the number of vacancies to be filled.
b. Any member of the association in good standing may submit to the Secretary of the association, within 10 days before mailing of the ballot, a statement nominating himself/herself for election of the board of directors. The ballot will
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distinguish those nominees nominated by the nominating committee versus those that have been nominated via the self-nomination process.
5. The record date for members entitled to receive notice of any association election, as well as entitled to vote shall be the date thirty (30) days prior to the day the election materials are sent out by the association.
6. The board of directors shall select one (1) inspector of election. The inspector of election shall be any one of the following as determined by the board of directors at an open board meeting prior to the day the election materials are sent out by the association. The board of directors shall select one (1) inspector of election. The inspector of election shall be any one of the following as determined by the board of directors at an open board meeting prior to distribution of the ballot material – Association Manager, Association Counsel, Association CPA or any member in good standing who is not a member of the board, a nominee for the board or related to a member of the board or related to a nominee running for the board.
7. The inspector of election shall determine the number of memberships entitled to vote and the voting power of each membership, shall receive the ballots, hear and determine all challenges and questions in any way arising out of or in connection with the right to vote, count and tabulate the ballots, determine the results of election and shall further perform any acts which may be proper to conduct the election with fairness to all members in accordance with Civil Code 1363.03 and the association’s governing documents.
8. Notwithstanding any other law or provision of the association’s governing documents, elections regarding assessments legally requiring a vote, election and recall of member of the association board of directors, amendments to the governing documents or the grant of exclusive use of common area property pursuant to Section 1363.07 shall be held by secret ballot in accordance with the procedures set forth in this section. Each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum. Ballots and two pre-addressed envelopes with instructions on how to return ballots, must be mailed by first class mail or delivered by the association to every member not less than thirty (30) days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address or lot, parcel or unit number on the ballot itself. The balloting materials shall include all of the following:
a. The ballot itself is not signed by the voter, but is placed into a ballot envelope, which is ten sealed (“Ballot Envelope”). The Ballot Envelope is then inserted into the second pre-addressed envelope (“Address Envelope”) that is then sealed. In the upper left hand corner of the Address Envelope, the voter prints and signs his/her name, address or unit number that entitles him/her to vote. The Address Envelope can include, above the signature block or owner, a very short sentence that the member appoints the Secretary of the association (or majority of the existing board) as his/her proxy holder limited to establishing a quorum for the annual meeting.
b. The Address Envelope is addressed to the inspector of election for the tallying of votes. The Address Envelope can be mailed by the member to the inspector
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of election or delivered by hand to a location specified by the inspector of election. Any member can request a receipt for delivery of their ballot.
c. The sealed ballots shall be kept in the custody of the inspector of election or at a location designated by the inspector of election until one year after the election has been completed at which time custody can then be transferred to the association.
d. Ballots distributed to each and every member shall identify the proposed action, provide an opportunity to specify approval or disapproval and provide at least thirty (30) days upon which to return the ballot to the inspector of election. The voting instructions contained within the ballot materials will show a date by which the ballots must be delivered to the location designated by the inspector of election by either the United States Postal Service, overnight delivery service or hand delivery.
e. Since the ballot elections described able are to be submitted to the membership without a meeting pursuant to Corporations Code 7513, there shall be no proxies permitted in such balloting process. For election to the board of directors, ballots must be returned to the inspector of election at the close of business the day prior to the annual meeting (at which point the polls will close and no further ballots will be accepted). Since the lection process will be done by balloting and not at the annual meeting, no ballots will be cast at the annual meeting. Since there is no election conducted at the annual meeting, proxies will not be permitted by absentee ballot pursuant to Civil Code 1363.03.
f. Counting of votes for the election of board of directors shall be done by the inspector of election (and, if necessary, additional independent third party counters appointed by the inspector of election), starting at 1:00 PM on the day of the annual meeting. The actual business of the annual meeting would start at 2:00 PM and if the inspector of election has finished counting, the inspector of election would thereafter announce his/her result of the election for board of directors during the annual meeting. No person, including any member of the association or an employee of a management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated by the inspector of election.
g. Written ballots may not be revoked once they are submitted to the inspector of election.
9. The balloting process for amendments to the governing documents shall be submitted to the membership in a similar manner as the election for the board of directors, except that:
a. The ballots could be sent to the membership at any time and not in conjunction with the timing of any annual meeting.
b. The addressed envelope could include a statement above the signature line by the owner which would provide, to comply with the governing documents:
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By signing below, my vote shall act as my written approval or, if applicable, my written disapproval of the pending ballot measure.
c. The tabulation and counting of the votes by the inspector of election shall be conducted at a properly noticed open meeting of the board of directors. No person, including any member of the association or an employee of a management company shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated by the inspector of election.
10. The results of any election shall be promptly reported to the board of directors and shall be recorded in the minutes of the next board meeting and shall be available for review by members of the association. Within fifteen (15) days of the election, the board shall publicize the results of the election in a communication directed to all members (this could be done in the form of a newsletter if it is mailed to the members within the 15 day timeline).
11. Association funds should not be used for campaign purposes in connection with any association election except to the extent necessary to comply with the duties of the association imposed by law. For purposes of this paragraph, the association can use its fund to have corporate counsel (or the Board designated individual) prepare and review appropriate ballots as well as the copying, printing and mailing costs necessary to provide the ballots to the membership consistent with the association’s governing documents and California law. Association can also add background information and explanation of ballot material. The association may use funds to distribute, for election of board of directors a biographical description and photograph of the nominees within said election materials. For elections other than board of director’s election, the board can add a one sentence recommendation, requesting approval or disapproval of such election (the board, however, may not advocate the election or defeat of any candidate that is on an association election ballot for the board of directors).
12. If the owner loses their ballot, they may request another ballot along with the appropriate envelopes from the inspector of elections, but the must sign a statement, under penalty of perjury that the original ballot was either lost, destroyed or never received. The inspector of election shall maintain a record of each such request and, if it is determined that the owner voted twice, even by mistake, neither ballot would be counts. (Conforms to the Guide to Absentee Voting in California).
THE FOREGOING ASSOCIATION RULES WHERE ADOPTED June 15, 2006 by the Board of Directors of LAS BRISAS AT RANCHO INDIO II Homeowners Association, in duly noticed open Board of Directors meeting. Attested to:
Secretary
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LAS BRISAS AT RANCHO INDIO II HOMEOWNERS ASSOCIATION A California Nonprofit Mutual Benefit Corporation
