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Well friends, here we are at the beginning of yet another new year. Most likely we are still somewhat recovering from all the hustle and bustle of the holiday season. Hopefully, we all had opportunities to enjoy good times with family and friends as we celebrated in our own traditional ways. But, it's always a little sad to see the beautiful decorations coming down and our neighborhoods transitioning back to normalcy after being adorned for a month or so with brightly displayed holiday decorations. So now, equipped with memories of 2018, forward we march into 2019! As you may recall, we mentioned in last month's Board Message that we have initiated a systematic review and update of all of our governing documents. This will be a monumental undertaking which will require conscientious diligence on the part of all the volunteers involved in the project. Undoubtedly, we will discover many aspects of our CC&Rs are simply outdated or even unnecessary, having served their purpose during the formative years of our community but perhaps no longer applicable today. Nevertheless, this arduous task is very necessary to ensure that the governing documents of our HOA are properly established and rooted in contemporary laws. Did you know that the governance of our community is essentially dictated by the Davis-Stirling Common Interest Development Act? This is the popular name of the portion of the California Civil Code which governs common interest development (CID) communities in California. It was originally authored by Assemblyman Lawrence W. "Larry" Stirling and enacted in 1985 by the California State Legislature. In 2012, the Act was comprehensively reorganized and recodified by Assembly Bill 805. So, what does this mean and why is it important to you? Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer (in our case K. Hovnanian) records a document with the county recorder known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) against the units or parcels within the HOA. Even though it is not a governmental entity, the HOA operates like one in some respects. As recognized by the Supreme Court of California, the Declaration of CC&Rs is the constitution of the HOA and is legally binding upon residents. In essence, HOAs function almost as a quasi-government entity, regulating many aspects of the homeowners' daily lives. Thus, through enforcement of the CC&R's, HOAs provide many beneficial and desirable services that permit a common interest development to flourish. Subsequently, HOA's Boards may enact Rules and Regulations which are legally binding upon residents as long as they do not conflict with the CC&Rs or State or Federal law. Board meetings, are generally open to HOA members, with some exceptions. Exceptions are matters deemed confidential in nature. These would include issues such as delinquencies, litigation, personnel matters, hearings and enforcement/violations and third- party contracts. These matters are taken up during our Executive Board meetings and are not open to members. The HOA is also allowed to charge regular fees (comparable to taxes) to homeowners within the development. These fund the operations of our community, such as management, landscape and common area maintenance services, guard services, and amenities. Ideally, the preference is for voluntary compliance with our community rules. However, occasionally it becomes necessary to initiate punitive action to obtain compliance. Thus, the HOA Board can also levy fines, restrict privileges, or even sue homeowners for damages and/or injunctive relief to enforce the HOA's rules and CC&Rs. We hope that this message hasn't been too "dry." But we felt it might be beneficial to acquaint everyone with the basic information about why and how we do things. If you'd like more details, please take a look at pages 24 - 30 in our Rules and Regulations. So, on a much lighter note, on behalf of your Board of Directors, Jim H., Ken, Tony, Gene, Jim C. and Greg, we hope 2019 brings you a very healthy, prosperous and Happy New Year! Message from the Board of Directors Russ Brown President 2 | Four Seasons Hemet Herald | JANUARY 2019 |