PLEASE VOTE ON THE NEW CC&Rs
Following years of outreach and drafting, the Peacock Gap HOA Board of Directors has endorsed and offered proposed new CC&Rs.
WHAT'S NEW AND WHAT'S BEEN MODIFIED / UPDATED IN NEW CC&RS?
Here are NEW PROVISIONS for issues not addressed in the current CC&Rs:
Alternative dispute resolution. (ADR) Mediation would be required prior to bringing legal action in disputes between owners and between owners and the Association.
Care & Maintenance Provisions. Would apply to the exterior of homes, as well as to landscaping.
Due Process. Clarifies the ways the Association may deliver notices to owners. Assures that owners have the right to a hearing regarding disputes and before the Association takes any disciplinary actions. Requires the prompt rendering of any decisions.
Fines. Would permit the Association to impose reasonable fines as a penalty for recurring offenses provided it adopts a fine policy and schedule and circulates it to owners.
Parking and Vehicles. Prohibits keeping large commercial vehicles (not used for everyday transportation), campers, buses, motor homes, boats and commercial equipment on the exterior area of a lot.
Rentals. Prohibits rentals of under 30 days.
Rules and Policies. The Association is authorized to adopt rules and policies for the purpose of implementing the CC&Rs and to address omissions and ambiguities. Rules and Policies must not conflict with or be materially inconsistent with the CC&Rs or the Association's Bylaws or Articles of Incorporation.
Standing. Makes clear that owners have the legal standing to go to court to enforce the architectural and use restrictions contained in the CC&Rs.
Variances. The Board may grant variances to avoid unnecessary hardships provided they conform to the intent of the CC&Rs. The Board also has the right to adopt policies that grandfather existing uses and activities that may be inconsistent with the new CC&Rs.
Here are UPDATED PROVISIONS for some aspects of the current CC&Rs:
CONSOLIDATION OF MULTIPLE 1960's-ERA CC&Rs
Current: There are four largely identical sets of CC&Rs, one for each of the four subdivisions in the Association.
Proposed: The four sets of CC&Rs would be consolidated into one.
AMENDMENTS (Future amendments to the CC&Rs)
Future amendments would require approval by two-thirds of a voting quorum, where a quorum is defined as 50% of the 427 lots in the neighborhood.
Current: All new structures of any kind, tennis courts, pools and fences, require prior approval by the Architectural Review Committee (ARC), as does any exterior modification which requires a building permit and any change to the exterior house color. All landscaping plans must be approved, including the location of trees and hedges. Trees may not be removed without ARC consent.
Proposed: Requires approval for new structures, substantial changes to the exterior of existing structures and changes to house color. Landscaping review is required for re-
landscaping, not for minor changes.
Current: The 2018 assessment amount is $130.
Proposed: The 2018 assessment is unaffected. Future annual increases, if needed, would be capped annually at the greater of 3% or the increase in the CPI.
Clarifies that when provisions in the CC&Rs and in the City Code differ, the more restrictive of the two shall apply.
Current: Six-foot height limit on all fences. Front yard fences must conform to setback requirements.
Proposed: Setback requirement is not changed. Height limit applies only to front yard fences. All chain link fences require Association approval.
Current: Reflects a partially developed residential area of the 1960s with provisions that are no longer relevant to the neighborhood. Stylistically out of date and often hard to read.
Proposed: Eliminates references to the developer and undeveloped lots. Contemporary drafting style.
VIEWS (Protection of Views)
Current: The Association has broad authority to supervise the planting and growth of trees and to cause or compel removal of trees that obstruct a neighbor's view.
Proposed: Retains the prohibition on trees that block views but specifically identifies protected views (listed in §5.22), limits protected views to those that existed when the owner acquired the property, clarifies the extent to which a view is protected, and requires disputes to be settled through mediation.
The independent accounting firm of James Ernst will open and count the ballots as follows:
Saturday, August 4, 2018 at 10:00 a.m.
The Clubhouse at Peacock Gap Golf Club
333 Biscayne Drive
San Rafael, CA 94901
PGHOA members interested in witnessing the vote tabulation are invited to attend.
Results will be announced on-site and will be communicated to all PGHOA members in writing.
Questions? Please contact Board at email@example.com or via the website: peacockgaphoa.org/contact-us/