Written By Nick Nickerson
HAPPY NEW YEAR! I hope this newsletter finds each of you well.
It’s hard to believe that 2017 has come to an end. This past year has been a very busy year for ourcommunity. During the past twelve months, your Board of Directors focused much of its attention on: presenting the Amendment and Restatement of the CC&Rs and Bylaws for your consideration and vote;preparing and adopting a new rule and fine schedule for the “Leasing of Lots”; and developing options forthe development of a Date Palm Tree Removal and Replacement Program.
AMENDED AND RESTATED BYLAWS
The new Bylaws were adopted by the community on October 14, 2017. In accordance with the newBylaws, two directors’ terms will expire in 2018. The two open board seats have been placed on the Association’s annual ballot and be filled during our Annual Membership Meeting in March 2018. All of our homeowners are encouraged to serve on the board. Interested candidates should complete the Self Nomination Form and return it to the Community Manager on or before February 1, 2018.
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATION OF EASEMENTS (CC&RS)
As reported in the November Newsletter, the proposed CC&Rs did not pass with the new Bylaws. The CC&Rs provide that they can only be amended with the approval of 67% of the Associations total voting power (different than the Bylaws). However, received approval by more than 50% of our homeowners, and 83% of those owners who did vote. Considering 78 of the 128 homeowners voted in favor of the proposed CC&R, the Board has filed a Petition with the Superior Court of the State of California to reduce the percentage of members necessary to approve the proposed Amendment of the CC&Rs. The Hearing on the Petition is set for January 11, 2018, at 8:30 a.m. in Courtroom PS1 at the Riverside County Superior Court in Palm Springs.
ADOPTION OF NEW RULE “M. LEASING OF LOTS”
During last year’s Annual Membership Meeting the attending homeowners made it clear to the Board thatvacation rentals were creating noise, traffic and general disruption within the community, and were not compatible with, nor desired within our community. As a result, the Board adopted Rule M. Leasing ofLots. Rule M. states that “No owner may lease his or her residence for transient or hotel purposes,defined as a lease for a term less than (30) days”. The purpose and effect of the proposed new rule willrestrict owners from leasing their homes for a period shorter than 30 days.
Shortly after Rule M. was adopted, the board received a formal challenge from one of our homeowners. The Board was unable to resolve the matter during Mediation. As a result, the matter will likely end up being resolved through the Court system.