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COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
 

 

We urge you to read the proposed replacement CC&Rs.  In our view, significant changes to the current CC&Rs are being proposed without an explanation of why the changes are needed.  Alternatively, demand that your Board provide each member with a redlined copy and an attachment noting the changes so each of us can read and understand what we are being asked to adopt.  Some of the changes may be good changes we would all welcome-but given the size of the new document, it is unrealistic to expect each member to read all 54 pages.  It is the Board’s responsibility to keep us all properly informed.

 

Nonetheless, this page attempts to provide some dialogue and analysis of the differences between the current Highlands Recreation Association (HRA) CC&Rs and the proposed Restated CC&Rs (R-CC&Rs).  The table is ordered consistent with that presented in the R-CC&Rs.  The documents referenced include:

 

  1. By-laws (BL), dated December 24, 1975
  2. Proposed Restated Bylaws (R-BL), dated March 21, 2006
  3. Covenants, Conditions, and Restrictions (CC&Rs), dated December 24, 1975.
  4. Proposed Restated Covenants, Conditions, and Restrictions (R-CC&Rs), dated March 21, 2006
  5. Policies and Procedures (P&P), dated September 1, 2000 and revised November 7, 2001
We invite your comments, questions and suggestions.  Even if you have one question or area of clarification missed by others we welcome it and will try to incorporate it as an attempt to provide a full dialogue and understanding of the ongoing status of this analysis effort.  Because this will be available to the Board, we hope they will embrace this effort to provide the answers we are looking for.
 
Item Item title Ref.  Page  Comment  Author  Date Added

 

 1.

 

Official Name

 

Title  Page

 

The association name is “Highlands Recreation Association” not “Highlands Recreation Homeowners’ Association”. Title Page

Andy Friedmann  07/07/2006

 

2.

 Age of Occupants

 

Title Page

 

How does the last sentence on the page pertain to our association?  It begins: ”Lawful restrictions under state and federal law on the age of occupants in senior housing…”.

 Andy Friedmann   07/07/2006
3. Existing Ammendments Page 1. B.

 

Where are the amendments recorded in the Office of the County Recorder covered in the new documents?

  

 

Andy Friedmann 

  07/07/2006
4. Exhibit A Page 3, Art. 1.2 The  “Common Maintenance Area” refers to an “Exhibit A” which appears to be missing from the distributed material.  What is "Exhibit A"? Andy Friedmann   07/07/2006
5. Civil Code  Page 3, Art. 1.3 This and several other sections refer to specific areas of the Civil Code.  Why do we need this if we are covered by the Civil Code anyway? Andy Friedmann  07/07/2006
6. Delinquent Assessment  Page 3, Art. 1.5 It used to be that we did not even charge for delinquent payments when a homeowner got a bit in arrears.  Now we have definitions and a whole Article 13 on assessment liens.  Is all this necessary? Andy Friedmann  07/07/2006
7. Cumulative Voting Page 6, Art. 2.4 This changes voting from cumulative to no cumulative voting.  What are the pros and cons of this change?

 

Andy Friedmann  

 07/07/2006
8.  Inspection of Records  Page 6, Art. 2.6 Contrary to the rest of the CC&Rs, this appears give priority to the restated Bylaws for interpretation.  What is the intention of this item? Andy Friedmann   07/07/2006
9.  Limit Guest  Page 6, Art. 2.8a  This adds new authority to the Board to limit the number of guests using the common areas. Andy Friedmann   07/07/2006
10. Liability for Repair  Page 7, Art. 2.10d The reference reads in part that the Association will pay an “expense except as provided elsewhere in this Declaration”.  Where is this “elsewhere”? Andy Friedmann 07/07/2006
11. Article 3  Page 8, Art. 3 This article, titled “Right to Combine Lots/Annexation” is really about private streets and, in reference to the title maybe should read “the restriction of combining lots/annexation”.  Why is this title used? Andy Friedmann 07/07/2006
12. No Right To Combine  Page 8, Art. 3.1  This section forbids combining of lots.  Why is this important? Andy Friedmann 07/07/2006
13.  Private Streets   Page 8, Art. 3.4 The CC&Rs define the streets as private while the new document does not.   What distinction is being made here and why? Andy Friedmann 07/07/2006
14. Sound Rating Page 10, Art. 4.8 Relative to noise, this section indicates that “the final product achieves a sound rating that exceeds all code requirements”.  Are you trying to say that they must be below any code loudness threshold?  Please clarify. Andy Friedmann 07/07/2006
15. Record Keeping  Page 12, Art. 4.15 How do the homeowners ensure that the Architectural Committee is maintaining proper records? Andy Friedmann 07/07/2006
16. Change in Height  Page 12, Art. 4.17 The current restriction is 22 feet and a pitch restriction on roof slope with a total height of 28 feet.  The restated change allows for a 29 foot "box".  Why are we removing the pitch restriction and adding a higher height limit?

 

Andy Friedmann 

 07/07/2006
17. Barbecues Page 13, Art. 5.3 This forbids barbecues "within five feet or any side yard boundary line".  Does this mean we have to move our built-in barbeques and gas lines? Andy Friedmann  07/07/2006
18. Horns, Whistles, & Bells Page 14, Art. 5.9a This section forbids horns, whistles, and bells.  Does that mean that bicycle bells are forbidden?

 

Andy Friedmann

 07/07/2006
19. Two Persons Limit Page 14, Art. 5.10b Should we limit the number of people per bedroom to two? Andy Friedmann 07/07/2006
20. Grandfathering Page 15, Art. 5.10d Why is grandfathering used here and not other places in this document i.e. Barbeques? Andy Friedmann 07/07/2006
 21. Pet Limits Page 15, Art. 5.12a This limits the number of dogs and cats to a total of four and is more restrictive then our current CC&Rs.  (Reference CC&Rs page 33, Art. VII, Sect. 6.)  Is this an issue for anyone? Andy Friedmann 07/07/2006
 22. Sale of Home  Page 16, Art. 5.14 This item requires the sale of a Lot be in a "manner consistent with the Rules and Regulations".  What are the "Rules and Regulations"? Andy Friedmann 07/07/2006
 23. Signs  Page 16, Art. 5.16 This allows fews restrictions than our current CC&Rs.  (Reference CC&Rs page 32, Art. VII, Section 3.)  Do we want to allows signs of any number, type, and size dependent on the then-in-power Board of Directors? Andy Friedmann 07/07/2006
 24. Assignment of Rents  Page 18, Art. 6.6  Owners who lease their homes must assign all his rights as a landloard to the Association.  Is this appropraite? Andy Friedmann 07/07/2006
25.  Transfer Fees  Page 22, Art. 8.4b  The Board can now assess Transfer Fees for "wear and tear" when we move in or out.  Is this appropraite? Andy Friedmann  07/07/2006
26.  Notice of Mortgage  Page 23, Art. 8.11 Owners must notify the Assoication of the name and address of any lender holding a security interest in their Lot.  Is this appropraite? Andy Friedmann 07/07/2006
 27.  Slopes  Page 28, Art. 10.2 The current CC&Rs (reference Page 13, Art. III Sec. 4d) obligate the Association to maintain the slope areas.  Since there is no mention of this in the proposed documents, who is responsible for their maintenance? Andy Friedmann 07/07/2006
           

 

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