Erosion Issue

I just received the following posting from one of our Uplanders pertaining to the erosion problem on Ventana Way.

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Three Association Member households attended the Board Meeting on April 26, 2012. Fred Ebey, the attorney who represents the Association, briefed the attendees and  the Board on the insurance claim to correct the erosion problem near the intersection of Ventana Way and Castillo Court. Mr. Ebey mentioned the 6-7 $ figure  that he is seeking from the Insurance Co. on behalf of the Association. This is an important matter to all Uplands homeowners.

All interested homeowners need to hear the status of the Claim from Mr. Ebey, firsthand, as soon as Mr. Ebey is available and the homeowners are given advance notice.

Draft CC&Rs Opinion from an Uplander

Here's an opinion regarding the draft CC&Rs from one of our Uplanders, posted anonymously.
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I am strongly opposed to two draft CC&R's.
Section 9.17 (b)(e)(i)(k). Parking and Vehicle Restrictions and Section 7.02 (e) [Power to] Access
encompass the substance and enforcement procedure of proposed driveway parking prohibition.

Parking and Vehicle Restrictions
Section 9.17 (b) prohibits nighttime (5:00 pm- 8:00 am)  parking in the driveway. Section 9.17 (e) (i) prohibits use of the garage for storage of personal property instead of vehicle parking.
Reasons for my objection to Section 9.17 (b)(e)(i)
I decide how to use my driveway and garage because my driveway and garage are private property. To park my car[s] in my driveway and to use my garage for storage is normal in California because the climate is mild and houses do not have basements or attics for storage. I also note that Rod Stacey, president of the HOA Board of Directors, conducted an informal survey and counted 44 cars parked in driveways and/or 15 driveways where two cars are parked . (Not sure whether 59 driveways have one or two cars parked there or the 44 includes the 15??) In any case, I remember a previous Uplands Survey that failed to support a "no driveway parking" rule.
Enforcement of Parking and Vehicle Restrictions
Parking and Vehicle Restrictions are 'paper tigers' if the Association does not have a way to enforce the prohibition. Section 9.17 (k) and Section 7.02 (e) provide the "police" power to enforce the proposed Parking and Vehicle prohibitions, as follows:
1.Towing at owner's expense in violation of the proposed Parking rule (Section 9.17 (k).
2. Right to Enter a Residence or Lot [for any purpose reasonably related to the performance of responsibilities]. Section 7.02 (e) Access.
Reasons for my objection to the proposed Enforcement Powers in Sections 9.17 (k) and 7.02 (e).
Where do I start?
1. Common sense informs me that when you propose a Rule that is 'over the top', 'beyond the pale'- that is onerous and burdensome and unreasonable and scarey, not only for the homeowner, but also for the Board to enforce- you must also propose a broad, sweeping right of enforcement. That's how the Uplands will have vehicles towed from private driveways and homeowners compelled to allow strangers into their private Residences and onto their private Lands for the purpose of determining if the homeowner is in violation of the proposed Parking Rules. Private Property will no longer have the right of privacy at the Uplands.

2. The proposed Enforcement Powers in Sections 9.17 (k) and 7.02 (e) also lead me to ask if those powers, if used, would violate the 4th Amendment to the U.S. Constitution against unwarranted search or seizure?  To comply with the Constitution, is the Board prepared to obtain a Warrant signed by a Judge before searching (inspecting) the Residence/Lot or seizing (towing) the vehicle?

Owner Input - Parking

I received the following from one of our Uplanders.  Please feel free to send me suggestions for the Blog or to comment on any Blog entry.

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At the last homeowners meeting the topic of parking has come up again.  The issue has implications beyond the parking or residing of cars in driveways and garages.  The development from the outset had a very succinct rule stating that autos shall be parked in the garages.  This is not an unusual rule.  Other HOA's have very similar rules and manage very well. 

Some homeowners acknowledging the rule proceeded to build extra garage spaces to house their current and possibly future auto needs.  If we permit some owners to skirt the parking regulation we are in effect punishing those who chose to follow the rules.  Some owners like to argue that it is their property and they should be allowed to park as they see fit.  There was comment at the meeting that acquiescing was a "slippery slope" and much care should be used.  It was mentioned at the meeting that there was a real possibility that one of the homeowners that is renting their home could lease out to a group of college kids and then we could have 4 or 5 cars crowded onto a driveway.  Now, here we are just a few weeks later and we have a renter with 4 cars all parked outside of the garage.  In addition people are sleeping in one of the vans in the driveway.  A "slippery slope" indeed.

The majority of homeowners park their vehicles in their garages.  Why do we want to reward "bad" behavior of those who do not park in their garages?  By not enforcing the parking regulation we are in effect punishing those that are following the rules.  I conducted a very non-scientific poll and recent homeowners did indeed know that the regulation stated that homeowners shall park in their garages.  Other HOA's have dealt with the problem of those that find themselves with more cars than will fit in their garage.  Variances can be issued for a fee if, and it is important to note, that the HOA puts the onus on the homeowner to prove that the variance is needed. 

If we fail to enforce the rules on the book we will find ourselves having to continually enact more rules to prevent the propensity for people to push the limits of what can be done.

There is an old sociology experiment where a car was parked in a bad neighborhood to see what would happen.  The car was mostly left alone.  However once the experimenters did some small damage to the car the neighborhood "acted" and the "slippery slope" was started and the end result was a totally trashed car.  If we give in here someone will want there "personal property" to be used for rock band practice, they will want to push the boundaries of what is acceptable.

Draft Documents & July Meeting Information

The proposed draft documents for our HOA are now available on the DeCamarawebsite: http://www.decamarahoa.com/web/  This includes both the draft Bylaws and the draft CC&Rs. Please note that the version of the draft CC&Rs is the version discussed at the last Board meeting.  I haven't confirmed it, but I believe the document has not yet been revised to address the issues that were raised at that meeting.  Also, the page numbering is off in the Table of Contents.  Consequently, I recommend looking for the specific section number in the Table of Contents if you want to skip to a specific topic. 

To access the draft documents log on through the "client logon" on the right side of their page using the information provided on your monthly HOA bill.

In case you missed it, I previously posted a few issues regarding the draft Bylaws. Look for the "Plans for Draft Bylaws" within this Blog site if you are interested.  I didn't find much of concern, but having a heads up might help overcome the side of the draft document.  Feel free to comment on the draft Bylaws at the blog.  As always, you may submit comments to me directly if you wish them posted anonymously, but please be sure to state you wish to remain anonymous.

The next HOA Board meeting is currently scheduled for July 9 at 6:00 p.m.  Location to be determined, but I'm sure it will be included in the formal meeting announcement.

P.S.  If you were unable to attend the last Board meeting where the draft CC&Rs were discussed, I can send you the materials I used for the briefing upon request.  It is in Powerpoint but if you can't open those files I can convert it to a pdf.  (I think!)

Parking complaint

I thought we made great progress at our recent meeting regarding wording in the draft CC&Rs. This morning whille getting the paper a neighbor commented to my hubby on a parking situation that has been a recurrent problem. Consequently hubby sent the following to me for posting on the Blog. ________ At the last homeowners meeting the discussion of parking came up.  This topic tends to be the most contentious of issues.  My attitude going in to the meeting was one of enforcing the parking of cars in the homeowners garages.  Some homeowners, due to changing life events may now have more cars than can be fit in their garage.  I was willing to offer a compromise to those owners that find themselves in the position of having more cars than could be housed in their garages.  The discussion of parking gravitated towards perhaps an acceptance of people parking in their driveways.  Although not the outcome that I favored in the name of compromise I could perhaps go along with that thinking.   Today I find myself having to reevaluate my thinking.  It was mentioned at the meeting that some homeowners have abused the goodwill of the other owners by parking their cars askew in the driveway in order to be in compliance.  Today I discover that some owners have further "gamed" the system by requesting permits for street parking.  This particular owner does not park their cars in their garage instead using the garage for storage.  It seems that a few are ruining it for the rest.  The increase of homes here being used for rentals will put further pressure on the parking problem.  Home rentals here are generally pricey enough that there is a strong likelihood that there will be multiple families or multiple tenants.  Multiple occupants almost guarantees multiple cars.  If we allow people to park their cars in the driveways a logical extension is to then demand parking on the street.  I'm afraid that by giving in an inch people will take a mile.  I don't think at this point that I can support a change that allows driveway parking unless the Board can do a better job in handling the problems they have presently.

The Uplands Look

Here's a posting from an Uplander. (Thanks for being involved in your community!)


Ever since I have been at the Uplands- from the beginning of its development- I have appreciated the Architectural Committee's control of improvements to maintain "The Uplands look." Since Wednesday's Open Board Meeting, I have been surprised and dismayed to learn that our tradition of keeping signs "natural" is being abandoned for the Red Stop signs we see in public streets. One of the many benefits we enjoy in our private gated  community is the privilege to decide the appearance of the few street signs we pass by every day. Unless we are officially and convincingly told that the only stop signs that people obey are those that we see on public streets, let's keep the Uplands looking like the natural place we love so much.

Let's vote for the good-looking stop signs by stopping when we come to them!

Plans for Draft Bylaws

It was suggested that, as a convenience, this Uplander Blog be used to collect comments, thoughts, suggestions, etc. on the draft Bylaws that are under consideration.  The current plan is to make the draft available through DeCamara's website: http://www.decamarahoa.com/web/index.php.  From that website you can log on as Seascape Uplands client to get to information specific to our area.  You can find out how to log on as a client at the bottom of your monthly statement from DeCamara. I checked early on June 1, and the draft Bylaws had not yet been posted.   I will try to monitor the situation and let you know when they are online, or if changes are made on how the draft Bylaws will become available.

Please, if you provide comments show respect for the opinions of others.  Disagreement is fine, just be courteous about it.  And, as always, you may send your comments to me if you wish and I will post them anonymously on your behalf.  We want to work any contentious issues so that when it comes balloting time we will have a document that that can receive a majority vote.

The draft Bylaws are really long, so I thought I'd point out a few sections that may be of interest.  I'll put a few of my comments in parenthesis after each item to give you an idea of why I think that section (denoted by "§") is important.

• §4.07 discusses how when a vote is taken at a meeting where a quorum is present, the majority of those present will decide if the vote passes or not.  Note:  this does not apply if if a vote of a greater number is required by California's Non-profit Corporation Law, the Articles of Incorporation, the Bylaws or the CC&Rs.  For instance, elections of Directors cannot be determined at a meeting; it requires specific balloting.  (This clause is a great reason to monitor the agenda of our meetings to see if there is something you care about may be voted upon.)
• §5.03(a) discusses the various types of meetings, each serving a different purpose and having different requirements.  (It's good to understand what you can expect at our various meetings, particularly in regards to when comments or discussions can be interjected by the attendees.)
• §7.03 discusses how candidates for election to the Board can get onto the ballot.  It also prohibits write-in candidates and nominations from the floor. (There is some debate already on this wording, so feel free to jump in and have your say.)
• §7.04 specifically allows for cumulative voting during elections. (This means if there are 3 candidates running for office, you can have 3 votes.  You can place those votes as you please, even if all three are for the same candidate.)
• §8.03 and §8.06(a) deals with the amount of notice required for regular (i.e. non-emergency) meetings.  Note that the start of the clock is dropping the notice in the mail in other draft directives.  (Given recent problems in ensuring adequate notification, perhaps the advance notice should be increased.)
• §8.06(b) discusses what can happen in Executive Board meetings, including how Owners are informed of the matters being discussed.
• §10.03 specifically allows creation of the Executive Committee.  (While the Board already has the power to create committees, this specifically mentions the Executive Committee.  If you want to see any kind of limitations beyond what are already applicable to committees, this would be the place to enumerate such controls.)
• §10.04 discusses meetings and actions of committees and the Directors. Minutes have to be taken of any committee meeting and filed with the corporate records.  Alternate members have the right to attend all meetings of the committee. (This means that as a Homeowner, you can find out what committees are doing by requesting to see the minutes.)

Those are the only issues that caught my eye as possibly being of particular interest to Homeowners, but if upon reading the Bylaws you find something else, please speak up.  My guess is that you'll find others that are also interested in the topic.