CC&R Discussion
Posted: Mon Nov 03, 2003 10:32 am
The newsletter for the CRRPOA is being mailed out today. Those who have paid dues will receive it. There is an article concerning CC&R's in the newsletter. The board is working on setting up the CC&R's so that they are enforceable. Here is the information that will be in the newsletter. If there are any comments, questions or contributions, please feel free to chat with us. Here is the info:
The Board believes that as difficult as it may be, it would be more than willing to take on the task of redefining the role of the CRRPOA. And with your support we could make this a cohesive organization with the funding necessary to address local and county issues concerning our subdivision and provide a valuable service to our community.
To redefine the mission of the CRRPOA the following items need be addressed:
· The first is to define the mission of the CRRPOA and the scope of their authority. The Board believes that having a property owners association increases the value of our property and can provide a vital service to our community. The Board believes that the CRRPOA’s mission should be as follows:
o Provide a focal point for neighborhood issues and concerns.
o Be the governing authority over the CC&R’s for units 5-12A and possibly 12B.
o Provide a voice in political issues that affect our community.
o Disseminate information regarding our community.
· The second item is the funding of the CRRPOA. The Board believes that funding of CRRPOA should be the responsibility of ALL of the property owners involved, not just a selected few. Last year the CRRPOA only had 70 members out of 595 lots. The CRRPOA must now have a significant operating budget. With insurance, mailings, etc., these costs amount to a very large portion of operating budget. Our current dues are $55.00 for the first year and $40.00 per year thereafter. If every lot participated, the dues could be $10.00 per lot per year or less.
· The third item is that the current CRRPOA bylaws-scope of membership; the current scope allows persons other than property owners of units 5-12a to belong to the CRRPOA. This prevents the CRRPOA from being the governing body of the CC&R’s and must be changed. What are the CC&R’s?
When you purchased your property you should have signed off that you have read and agreed to the terms and requirements defined in the Covenants, Conveyances and Restrictions (CC&R’s) for your unit. The Cedar Ridge Ranch Subdivision is comprised of 14 units. The Cedar Ridge Improvement Association covers units 1-4 and our organization, CCRPOA, covers units 5-12a. Unit 12b exists, but does not have a governing set of CC&R’s.
The CC&R’s for Units 5-12a, while not directly providing for a Property Owners Association, do provide for an Architectural Control Committee (ACC) comprised of three members. The committee’s members are elected by a majority vote of the property owners, with each lot having one vote. It is the CRRPOA Boards assumption, since actual proof cannot be located, that the Board should be acting as the Architectural Control Committee (ACC) described in the CC&R’s. In actuality, there should be 8 ACC’s since there are eight (8) sets of CC&R’s for Units 5-12a.
· The fourth item is the 8 sets of CC&R’s. The Board believes that these could be revised to a single document. Doing this may prove to be unnecessarily difficult and costly and therefore not feasible.
In order to address these items several steps have to be taken:
Step 1:
Amend each of 8 CC&R’s to: (with aid of legal counsel)
1. Name the CRRPOA as the governing body.
2. Add a new section to provide for a mandatory payment of dues as defined in the bylaws of the CRRPOA.
3. (Optional) Combine the eight sets of CC&R’s
Step 2:
Amend the our current bylaws
1. Define the mission of the CRRPOA
2. Amend the Membership dues section.
3. Amend the Article II: Members, to allow only property owners of units 5-12a to be members.
4. Make membership in the CRROA mandatory and allow membership to transfer from owner to owner.
5. Make other By-Law changes that may be necessary but are not known at this time.
Step 3:
Distribute the amendments and supporting documentation to all property owners involved.
Have each Unit (or Units, if combined) vote on the amendments. The current CC&R’s require a simple majority vote to amend the CC&R’s and our bylaws require a 60% vote for amendments.
Step 4:
If the amendments pass, then we need to prepare the necessary documents for Tuolumne County.
Step 5:
Record the CC&R amendments with Tuolumne County Recorder. We will also file a Notice of a Statement of Homeowners’ Association, which will allow the CRRPOA to file liens against property owners that are delinquent in paying their dues.
The Board believes that as difficult as it may be, it would be more than willing to take on the task of redefining the role of the CRRPOA. And with your support we could make this a cohesive organization with the funding necessary to address local and county issues concerning our subdivision and provide a valuable service to our community.
To redefine the mission of the CRRPOA the following items need be addressed:
· The first is to define the mission of the CRRPOA and the scope of their authority. The Board believes that having a property owners association increases the value of our property and can provide a vital service to our community. The Board believes that the CRRPOA’s mission should be as follows:
o Provide a focal point for neighborhood issues and concerns.
o Be the governing authority over the CC&R’s for units 5-12A and possibly 12B.
o Provide a voice in political issues that affect our community.
o Disseminate information regarding our community.
· The second item is the funding of the CRRPOA. The Board believes that funding of CRRPOA should be the responsibility of ALL of the property owners involved, not just a selected few. Last year the CRRPOA only had 70 members out of 595 lots. The CRRPOA must now have a significant operating budget. With insurance, mailings, etc., these costs amount to a very large portion of operating budget. Our current dues are $55.00 for the first year and $40.00 per year thereafter. If every lot participated, the dues could be $10.00 per lot per year or less.
· The third item is that the current CRRPOA bylaws-scope of membership; the current scope allows persons other than property owners of units 5-12a to belong to the CRRPOA. This prevents the CRRPOA from being the governing body of the CC&R’s and must be changed. What are the CC&R’s?
When you purchased your property you should have signed off that you have read and agreed to the terms and requirements defined in the Covenants, Conveyances and Restrictions (CC&R’s) for your unit. The Cedar Ridge Ranch Subdivision is comprised of 14 units. The Cedar Ridge Improvement Association covers units 1-4 and our organization, CCRPOA, covers units 5-12a. Unit 12b exists, but does not have a governing set of CC&R’s.
The CC&R’s for Units 5-12a, while not directly providing for a Property Owners Association, do provide for an Architectural Control Committee (ACC) comprised of three members. The committee’s members are elected by a majority vote of the property owners, with each lot having one vote. It is the CRRPOA Boards assumption, since actual proof cannot be located, that the Board should be acting as the Architectural Control Committee (ACC) described in the CC&R’s. In actuality, there should be 8 ACC’s since there are eight (8) sets of CC&R’s for Units 5-12a.
· The fourth item is the 8 sets of CC&R’s. The Board believes that these could be revised to a single document. Doing this may prove to be unnecessarily difficult and costly and therefore not feasible.
In order to address these items several steps have to be taken:
Step 1:
Amend each of 8 CC&R’s to: (with aid of legal counsel)
1. Name the CRRPOA as the governing body.
2. Add a new section to provide for a mandatory payment of dues as defined in the bylaws of the CRRPOA.
3. (Optional) Combine the eight sets of CC&R’s
Step 2:
Amend the our current bylaws
1. Define the mission of the CRRPOA
2. Amend the Membership dues section.
3. Amend the Article II: Members, to allow only property owners of units 5-12a to be members.
4. Make membership in the CRROA mandatory and allow membership to transfer from owner to owner.
5. Make other By-Law changes that may be necessary but are not known at this time.
Step 3:
Distribute the amendments and supporting documentation to all property owners involved.
Have each Unit (or Units, if combined) vote on the amendments. The current CC&R’s require a simple majority vote to amend the CC&R’s and our bylaws require a 60% vote for amendments.
Step 4:
If the amendments pass, then we need to prepare the necessary documents for Tuolumne County.
Step 5:
Record the CC&R amendments with Tuolumne County Recorder. We will also file a Notice of a Statement of Homeowners’ Association, which will allow the CRRPOA to file liens against property owners that are delinquent in paying their dues.