What Does it Hurt?

I was asked a really good question the other day that I've been thinking about ever since. In general the question was “what is hurt when a commitment of the CC&Rs is violated?” The context involved a requirement some of our residents feel they can no longer accept. It is a rule that does not make sense to some.  It is a rule that is frequently violated and one that does not seem to be consistently enforced. In my opinion, it is a situation where both sides feel their requests have been simply dismissed.  The CC&R is neither being enforced nor have the impending changes been vetted with the populace to which it is to apply.

My understanding is that CC&Rs are basically a set of rules defining acceptable behaviors or actions. They specify what people living in an area can expect. If the CC&Rs are well written they also specify what should be expected to happen when those requirements are violated, both in terms of process and consequences.  It is thus critical that people be informed of those rules and agree to them as part of buying into the neighborhood.  Discrepancies need to be addressed at the lowest level between neighbors whenever possible before the issue is escalated.  Going outside the dispute process that is prescribed in the CC&Rs is as much a violation of the CC&Rs as the “violation” being reported.

Maybe it's because of my experience performing root cause analysis of accidents that emphasizes the importance of written rules. Such documents establish order and expectations. Once a few people start violating the rules, others start to question why they need to follow other rules. Hard feelings and divisiveness often result. Emotions start to run so strong that it becomes increasingly more difficult to arrive at a resolution.

But what happens when a number of residents "outgrow" the limitations of those rules?  For instance, my husband read in the paper the other day that there is a growing problem in some communities where there is a minimum age requirement.  Apparently, the recent downturn of the economy has resulted in a number of grand children going to live with their grandparents.  Sometimes the children can’t be cared for by their parents either due to the poor economy or other life circumstances.  What does it really hurt to allow those under 55 into their community, especially if the "children" are well behaved? To me, it is a heart-wrenching situation because those who expect the age-limitation rules to be upheld feel as violated as those who would be denied the option to care for their grandchildren by the current CC&Rs.  I’m very thankful that is not the kind of situation the Uplands is facing.

Rules are only effective when they serve the people they govern well enough that their requirements are followed.  That's one reason why they occasionally need to be reviewed and/or revised. Situations change.  Documents need to be updated or risk becoming ineffective and a source of contention. What doesn't work when things start getting out of whack is shutting off communication.  The problem will not disappear by itself. In all likelihood it will only escalate, especially if unilateral decisions are made in a vacuum.  While difficult, in order to reduce the conflict all sides need to sit down and hear each other out.  That means people have to LISTEN to one another before a final decision is made, often through compromise.  If appropriate the governing documents can then be revised.

It is almost certain that not all parties will be truly happy with the final result.  That’s why it is critical to identify the ultimate, common goal of the neighborhood.  What must we preserve?  At a minimum, we have to continue to meet the requirements specified in the permit allowing construction of the Uplands (described in the Seascape Uplands Santa Cruz Habitat Conservation Plan).  Beyond that, we have some flexibility, so long as the processes contained in the CC&Rs for revision are followed.

Perhaps there won't be changes. But if there is a contentious issue it is likely both sides are already unhappy. Those that follow the rules feel their rights are being violated just as much as those who feel the rules they don’t want to follow are unfair.

At this point in my thought process I had to ask myself if the situation in the Uplands has gone on so long that at least some of the parties may have such deep seated feelings of hurt and frustration that it will be nearly impossible to get them to sit down together and hear each other out. I don't know. I’ve certainly seen some strong feelings but I’ve yet to meet someone I’ve felt could not make a strong argument based on logic once the emotions were removed from the table.  This is an incredible community and, being an optimist who adores her neighbors, I believe that if we can discuss the situation and really hear each other out that a compromise will be possible.  What’s the alternative? I think it’s a continued, slow breakdown of the rules by which we live in the Uplands.  That’s what I believe chronic violations of the CC&Rs hurt.

Night Lighting at the Uplands

One of our neighbor's has submitted the following text anonymously.  If you are interested in this topic be sure to watch for "comments" to this topic, and by all means feel free to express your own opinion.

"One issue that concerns Upland residents from time-to-time is Night Lighting. I know of two Lighting matters that the Board has addressed during this past year... but has not yet definitively resolved. I suspect that Night Lighting is also an annoyance for some residents who have not contacted the Board. The CC&R that governs Night Lighting is Section 4.11.3.f (iii).  To paraphrase, "The source of the light not be visible to adjacent portions of the Project" and "The use of bright lighting is prohibited in any areas near salamander migration corridors."  

In many cases on an issue, there are two sides to be heard, two positions at odds with one another. This need not be if residents are informed. Many homeowners are probably not aware that Night Lighting can be a problem for their neighbors, and would like to be considerate on this matter. Common sense dictates that lighting up the driveway at night and/or the front entrance when homeowners leave the house for the evening or expect guests (and turning off the lights when they return) is good practice. The kind of night lighting that the CC&R cited above is regulating would appear to go beyond common sense night lighting most of us use, and can be intrusive to the neighbors and potentially affect the preservation of the salamanders.

It would be helpful for the Board to take a firm position on this CC&R and let the homeowners know about night lighting at the Uplands.

Anonymous"

Being Heard

What a great Homeowner's meeting today!  It's wonderful to see neighbors getting involved.  Unfortunately several people were unable to make the meeting so they didn't have an opportunity to hear a request from DeCamara.  That request was a simple statement expressing their hope that if people have issues they would contact DeCamara and let them know about their concerns.  That is absolutely a great idea.  They are very easy to reach, either by stopping by their office at 9011 Soquel Drive in Aptos, calling them at 688-0500, or using their contact links on their website at http://www.decamarahoa.com/web/index.php.  I really like to use their email link on their website because it sends me back a copy of what I've sent them, thus letting me know they actually received the email.

Unfortunately, not everyone is comfortable contacting their Homeowner's management group.  I've run across that reluctance before, and even suffered from it myself when I was much younger, living in a different area.  At times I've felt my concern might seem stupid.  Or that it would be viewed poorly.  Or that I'd be put on a radar where I wouldn't be viewed favorably.  I've worried that my issue would be ignored. Or worse yet, that someone would feel I was not trying to get along with my neighbors. I can think of lots of reasons why I was reluctant in the past.  And why I don't feel that way with DeCamara, I can certainly understand anyone not wanting to take an "official" stand.  That's why I've created this blog.  Remember, it is unofficial.

I've received a couple of questions regarding the blog that I thought I would address here.  One involves sending in comments.  There are several ways to submit comments, some of which depend on what social links you have set up, such as a Google account.  Perhaps the easiest way to get your comment inserted in association with the blog is merely to send your comments to me via email (pocopam@yahoo.com or aptoskeypper@gmail.com).  Just be sure to let me know if you want your information posted anonymously or if you want credit for your excellent ideas.  I assure you, no comment is stupid.  All of the comments I've seen so far have been superb, particularly in regards to being clearly expressed and mature in thought.  So kudos to those who have gotten involved.

A second question I've heard is how to see comments that have been posted.  If you look beneath each blog there is a little "comments" phase followed by a pencil icon, shown below.  You'll see how many comments can  be seen if you click on "comments".  Otherwise the comments aren't visible.

 

I hope this information helps.  

Don't forget to vote for the new Board of Directors.  There are several great candidates running this year who are willing to help represent you in our community. 

 

Personal Security

Three relatively recent events have spurred me to do a short blog on personal security.  First was the discovery of grafitti on one of the Seascape Uplands retaining walls (see photo).  That's been reported to DeCamara and they will be sending someone out to clean the wall.  That's important because once tagging starts, it becomes an attractant to competing groups to overspray the old grafitti with their own tags. The overall result is the identification of a neighborhood where broken laws are not reported. Thus the residents are considered better targets.

The second event was when a friend who used to work information security with me sent me an email about a website where you can enter your address and see the names and contact information owners/residents of the homes around you.  While that information can be useful in, say, setting up a block party, it can also be used to identify and target homes that appear to have a better "pay off" if robbed.  There are other ways that information can be misused as well. If you are curious about the information (which thankfully is not entirely current), check out  http://neighbors.whitepages.com/

But the real motivation for this blog was the article in the Santa Cruz Sentinel this morning (1/18/12 - front page of the Extra section, below the fold) about the man who has been fighting the consequences of his identity being stolen for three years. See "Three years later, Freedom victim's battle wages on".

 

While I was working Information Security at my workplace I was fortunate enough to invite a gentleman from the Federal Trade Commission (FTC) to speak to our employees. He liked to start his presentation with the question, "Have you had your identity stolen... yet?"  He was of the opinion that it was simply a matter of time before we would all become victims of this (at best) inconvenient crime.  He also provided information on what to do should your identity be stolen.  I never found a better resource for helping identity theft victims than  the FTC's website: http://ftc.gov/bcp/edu/microsites/idtheft/ If you get nothing else out of my blogs, keep that information.  Or simply contact me and I'll help you through the process.

Why do I care?  Well, I've been the victim of identity theft.  I'll never forget the day I got the phone call from my husband who was online looking at the charges on our credit cards.  (He's always been good about doing that between billings.)  He asked me if I'd just bought $900 of adult toys.  I wasn't sure if he liked my answer or not, but since I was working information security at the time, I got stuck taking care of the reporting.  I followed the FTC guidance. It's not hard, but even for someone who sort of knew what she was doing, it was stressful.  If I can turn my experience into helping someone else, all the better.

If you are interested in more information on identity theft or personal security, simply let me know and I'll do some follow up blogs on the topic. 

Homeowner's Meeting 1/21/12

While my husband and I were walking our dog, Hunter, this morning we ran into some of our wonderful neighbors.  It soon became clear that we weren't sure about the details of the upcoming Seascape Uplands Homeowner's meeting.  So I did some more digging and have the following information:

When:  Saturday, January 21, 2012

Where: 610 Clubhouse Monarch Room

Time: 10:00

Breakfast will be served so it is important to RSVP to DeCamara Management.  Their phone number is 831-688-0500.

P.S. Since some of you probably more by the dog I walk, here's her photo.  Couldn't resist a photo of Hunter.

California SB563 - Open Meeting Act Amendment

Some of you may have seen the Blog comment about SB563 and wondered what it involved.  I was really worried about what that new law might mean, so I did a little research and found a site (http://hoabrief.com/) that provided a nice summary, reproduced for your convenience below.

"As many directors and managers already know, the time it takes to successfully run an association can be significant. One of the tools that boards have often used to efficiently handle issues that are not the subject of debate has been the Action Without Meeting, or “AWOM.” Well, no more. This amendment to the Open Meeting Act eliminates a board’s ability take action without a meeting.

SB 563 prohibits boards from acting via email with the very limited exception of emergency meetings. Emergency meetings may be called “if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice” as would otherwise be required. However, before a board can hold an emergency meeting via “electronic transmission” all members of the board, individually or collectively, must consent in writing to that action (the consent can be transmitted electronically, such as in an email), and the written consent must be filed with the minutes of the meeting of the board.

In addition to eliminating the AWOM, AB 563 also requires that members of the association be given at least two days notice for a meeting that will be held solely in executive session, and changes the rules for holding a meeting via teleconference. Under the new law, if a board meets via teleconference, the association must specify a physical location where members can attend in person and listen to the meeting. In addition, at least one board member must be physically present at the identified meeting location.

Lastly, the statute broadens the current definition of a meeting of the board from “any congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the board” to “any congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business that is within the authority of the board,” and includes in the definition of meeting, meetings by teleconference in which a majority of the board members, in different locations, are connected by electronic means, such as audio, video, or both.   “Item of business” is defined as any action within the authority of the board, except those actions that the board has validly delegated to any other person or persons, managing agent, officer of the association, or committee of the board comprising less than a majority of the directors."

Fortunately, I see no limitation that would prevent any member of the community from talking with any other member so long there isn't a congregation of a majority of the members of the Board. Hence, I see no conflict in operating this Blog as a member of the neighborhood or in other ways furthering neighborhood discussions.  Guess I can still offer my services.

Gairdner's Yampah

There are sure signs of spring in our area:  a growing colony of aphids I had to wash off my carnations, the blooming of a Saucer Magnolia (sometimes referred to as a Tulip Tree) in the Uplands, and of course, the first signs of wildflowers.  

When you read that pile of documents that came with the purchase of your home, you may have noticed a reference to a rare plant known as Gairdner's Yampah (Perderidia gairdneri) that grows in our area.  Not knowing what this plant looked like I figured I'd do some research.  Mark Turner graciously agreed to let me share his photograph of this plant on our blog.  You can see even better shots on his web site at http://www.pnwflowers.com/flower/perideridia-gairdneri.  Another interesting source of information on this plant may be found at http://www.pfaf.org/user/plant.aspx?LatinName=Perideridia+gairdneri

So what's neat about this plant?  Well, it's also called Squaw Flower and has been used by indigenous people in a variety of applications, including as a medication for various ailments, a staple food, and as a waterproofing agent for arrows.  But it's not a good idea to try any of those applications yourself.  Not only is it a rare plant that should be protected; it is a member of the parsley family that includes Hemlock.

For more information on wildflowers, see http://nativeplantwildlifegarden.com/, a national cooperative blog Mark writes for once a month called Native Plants and Wildlife Gardening.

Uplander 1-9-2012

I've created this blog because it's become apparent to me that several of us in the Seascape Uplands are not satisfied with the quantity of information and news we are receiving about our neighborhood.  This Blog is not official.  Specifically, it is not affiliated with our HOA or DeCamara. At this point, it's purely experimental to see if it is a mechanism to encourage the sharing of neighborly news.  And since I'm running for the Uplands Board, I thought this blog might be a way to learn about the interests and concerns of my neighbors.  It is also a vehicle for you to learn more about me and my motivation for running for the Board. I encourage you to comment on issues important to you either directly to this blog or to my email at pocopam@yahoo.com.  You may also opt to have your issues posted through me so as to protect your own identity.


I am running for the Board because I believe it's important for those who have the blessing of time and energy to participate in supporting their communities.  Consequently, I've represented my neighbors in the past 2 areas where we've owned our home;  Livermore, California (Forest Glade Estates) and Marana, Arizona (Canyon Pass at Dove Mountain).  It's not that I have anything really special to offer the neighborhood.  I merely am willing to listen to our neighbors, bring forth issues, and doggedly pursue our expectations.  I am committed to doing what I can to maintain the quality of our neighborhood and value of our homes.  I encourage an open and friendly community where we can feel safe.


Whether or not I am elected to the Board, I am willing to maintain this blog in order to facilitate communication if it is of interest to our neighborhood.  I look forward to your feedback and input.


One last thing, I occasionally get a photo from my game cam or run across something that I believe is magical.  I'll try to share those tidbits with you and hope you'll share similar items with me.  Below is the first such item.  A photo of a raccoon outside my fence taken this past week. We live in such an incredible place!  Let's work together to keep it this way.