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Solera Diamond Valley View January 2022

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SOLERA DIAMOND VALLEY | JANUARY 2022 3 By Dana Kilpatrick, Board Member In November 2021, during the "Meet the Candidates" meeting sponsored by Seabreeze, a question was asked of all three candidates that I could not fully answer. The question was, "What is the difference between the CC&R's and Bylaws?" My research into this question yielded some other facts that I found informative and I thought might interest you as well. Following is my attempt to define our Governing Documents in simplified terms. Firstly, our Governing Documents exist in a hierarchical manner. Similar to the laws of the land where State Law cannot violate Federal Law or Local Law cannot violate State Law, our HOA Documents start with the strongest at the top, descending down to lower authority at the bottom. Also, our HOA Documents actually start with the laws of the land in order of precedence as listed below: • Federal, State, and Local Laws • Declaration of Covenants, Conditions, and Restrictions (CC&Rs) • HOA Articles of Incorporation • Association Bylaws • Association Operating Rules & Regulations. CC&Rs: Are higher up in the hierarchy list so they are stronger legally. CC&Rs must be recorded with the county recorder's office and they describe the rights and obligations of each owner and those of the association itself. CC&Rs typically outline the boundaries of each unit/lot and those of the development common area. IN SHORT: CC&Rs define WHAT the Association IS and outline the legal RULES homeowners agree to in order to buy a home within the association. *Interesting Note for SDV CC&Rs: Our CC&Rs include the establishment of the Design Review Committee. It is the only committee included in this document. Bylaws: Are lower in the hierarchy list so, in the event of a conflict, the CC&Rs trump the Bylaws. Bylaws do not need to be recorded and they establish policies and procedures for governing an association. HOAs are considered corporations. IN SHORT: Bylaws establish HOW the corporation will be RUN legally as a business. • Both CC&Rs and Bylaws can only be modified by a vote of a 67% approval of ALL residences. Operating Rules & Regulations: The last set of important HOA Documents falls under this general description but individual HOAs may use different titles for these documents. Here at Solera Diamond Valley our Operating Rules & Regulations are established in our T1 through T4 documents. Both the CC&Rs and Bylaws take legal precedence over these rules in the event of a conflict. Operating Rules are developed by the Board to determine the day-to-day procedures in the HOA. For example: Children's use of swimming pools, Club formation, room reservation priority, etc. IN SHORT: Operating Rules apply to the daily details of management and operation of the HOA, and they provide a simplified description of rules homeowners are expected to abide by. • Operating Rules & Regulations can be changed by the Board following a 28 day review period by the community. Board Message Board of Directors Election Results With two openings on the Board and therefore two votes allowed per household, 229 Ballots were receive in total – 52.2 percent of the homes in the community. At the Dec. 9 meeting, the results of the SDV Board of Directors Election were as follows: Paul Bradstreet received 266 votes • Dana Kilpatrick received 221 votes • Herminio Garcia received 98 votes. Happy New Year Solera Diamond Valley! With this new year comes some change for the community, as well as management. It has been my honor to serve this community for the past two years and I look forward to my new position here as your Lifestyle Director. I would like to extend a big thank you to the community for the warm words of encouragement and support, I am excited to work with the Recreation Committee and our amazing volunteers to bring some exciting events to the already busy social calendar of this community. I understand that with change comes new ideas and I would like to welcome all new or maybe even old ideas that you would like to see in the community. Please feel free to email any recommendations to teri.collett@seabreezemgmt.com. Start cleaning out those offices because in this month we will have a shred day for you to safely dispose of all that paper that accumulates over time. Recreation committee will be welcoming the cold weather with a Soup Du Jour event that will be sure to keep you warm through the Southern California winter. We will also be welcoming back a community favorite; "So Rare" for Lounge night. We are happy to announce that East Municipal Water District, EMWD will be onsite for a community forum including an update on California's drought situation, and updates on what EMWD is doing to ensure water supply reliability for their customers as well as a Q & A session. Don't forget to look out for information on the return of the annual Super Bowl Party in February. Lifestyle Report By Teri Collett

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