2005 CC&R Review Committee Findings

Note: CC&Rs are Covenants, Conditions, and Restrictions. R&Rs are Rules and Regulations. CC&Rs may only be altered by a vote of the homeowners. (The board cannot alter the CC&Rs on its own.) The R&Rs are additional rules created by the board that they are free to modify at any time without homeowner action. However, the R&Rs may not change the CC&Rs, since that can only be done by a vote of all homeowners.

Clauses for Removal

• The requirement that active solar heating be used for pool water. Also we should tackle the issue of Solar Heating and Power. Although Solar panels may not look the best, with increasing power and natural gas cost, perhaps we should consider permitting solar power with limitations.
• All references to Declarant. [Note: this is a big task, perhaps it would be easier to just leave them for now, since they have all expired and everyone likely understands that.]

Conflicts

• The CC&Rs require that the Architecture Committee have five members, but currently five members do not vote on submitted plans. We recommend at least 3 on the committee.
• The CC&Rs restrict the number of signs to one, but the R&Rs suggest that three or more would be allowed. Since the board cannot alter the CC&Rs, this provision of the R&Rs is void and should be removed. We recommend adopting per the CC&Rs the one sign rule. In the event a person wants more than 1 sign the architecture committee must approve.

Omissions

• Members of the Board may not serve more than five one-year terms during any ten-year period, except if no other candidates are available. The proposed wording is as follows:

  "No member shall serve on the Board for more than five years during a ten-year period. However, in the event that the nominees identified by the Nominating Committee and nominations from the floor during elections at the annual meeting are insufficient to fill all vacant seats, the above term limits shall be waived for all members of the community for that election only."

• Trash cans must be stored out of view except on the day of collection and before noon on the day after collection.
• Mailboxes may not be altered without the written permission of the Architecture Committee.
• Hoses may not be stored where visible.
• Definition of visible ("in view"): in sight of a six-foot-tall person standing anywhere in the street.
• A clause clarifying that the board may not enact rules that are less restrictive than those in the CC&Rs. This is the natural outcome of the board not being allowed to alter the CC&Rs, but in other communities they state it explicitly to avoid confusion. Alternatively we could add a clause indicating that in the event of a conflict between the CC&Rs and Rules and Regulations, whichever of the 2 is most restrictive shall apply.
• Table of Contents, Article I. Section 6 ("View Maintenance Area") is missing.

Other Changes

• Article VIII, 1.N. (page 18): Annual professional inspections should be cut back to every two to five years to save money. Volunteer inspections are sufficient and more cost effective at finding issues at the current time. And/Or on an as needed basis.
• R&Rs, 3.F.1.: Any outside wiring should be run so as to not be visible. This is preferable and the rule should be changed to indicate this. Extra wording like this would work: "However, it is preferable for such wiring to be run inside the house, or to be installed where it is not visible. This eliminates all possibility of aesthetic problems and is beneficial for the wiring as well."
• Article XV, 2.a.ii. (page 35): The restrictions on decorative structure elements are given as variables (x, y, and z) rather than actual numbers, making it hard to enforce this restriction. These variables should be replaced with actual values.
• Article XVII, Section 9. (page 39): As written, the owner may not rent out any rooms in the house, only the whole house. This should be changed to allow an exception: one lease of less than the entire Lot, provided that the owner is residing at the Lot.