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6 SOLERA DIAMOND VALLEY | OCTOBER 2020 By Anna Machado Recently, there have been some reports about underage occupants in the community. I'd like to take this opportunity to share some information on this subject and explain how the enforcement process works on these matters. Below are the definitions of Qualifying Resident, Qualified Permanent Resident, and Permitted Health Care Resident, per Article 1.1 of the CC&Rs. Qualifying Resident: "Qualifying Resident means a natural person who is 55 years of age or older." Qualified Permanent Resident: "Qualified Permanent Resident means a natural person who meets both of the following requirements: (a) was residing with the Qualifying Resident prior to death, hospitalization, or other prolonged absence of, or the dissolution of marriage with, the Qualifying Resident; and (b) was forty-five (45) years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the Qualifying Resident. For purposes hereof, "cohabitant" shall mean persons who live together as husband and wife, or persons who are domestic partners within the meaning of Section 297 of the Family Code. Qualified Permanent Residents also means a disabled person or person with a disabling illness or injury who is a child or grandchild of the Qualifying Resident or Qualified Permanent Resident, who needs to live with the Qualifying Resident or Qualified Permanent Resident because of the disabling condition, illness or injury. For purposes of this definition, "disabled" and "disabling injury or illness" shall have the meanings set forth in California Civil Code section 54(b). Additional limitations and qualifications for Qualified Permanent Residents are set forth in Article 2 below." Permitted Health Care Resident: "Permitted Health Care Resident means a natural person hired to provide live-in, long- term, or terminal health care to a Qualifying Resident, or a family member of a Qualifying Resident providing that care. The care provided by a Permitted Health Care Resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. The Master Association reserves the right to require the Qualifying Resident to provide evidence to the Board that a Person living in the Residence qualifies as a Permitted Health Care Resident under this Section." Extended Occupancy (CC&Rs, Sect. 2.2.5): "Persons less than 55 years of age who do not qualify as Qualifying Residents, Qualified Permanent Residents or Permitted Health Care Residents shall not be entitled to occupy, visit or reside in any Residence for more than 60 calendar days (whether consecutive or non-consecutive) in any calendar year." When new residents/occupants move in, it is the responsibility of the homeowner of record to register them at the office. During the registration process, the Management staff will help determine which type of resident/occupant is being registered and obtain the appropriate documentation at that time. What happens when I report a suspected underage occupant? When Management receives a report of an underage occupant, the first thing we do is review their registration file to determine if there is already an underage occupant registered at that property address. In the event that they have already registered the underage person as one of the above types of residents/occupants, we will typically let the reporting party know that all occupants are properly registered and that no enforcement action will be taken. Please understand that we are not able to provide more information than that to remain compliant with privacy laws. If the reported underage person has not been registered at the property address provided we will initiate the violation enforcement process by issuing a first notice to the homeowner alerting them to the possible underage occupant violation. If the owner does not register the underage occupant or respond withing the allotted time frame of the notice (up to 30 days, per the Compliance and Fines Policy), the next step is to call the homeowner to the next available hearing before the Board of Directors. At that time, the Board will review all the information received to date and make a decision on how to proceed. Why do I have to make a report? Isn't that Management's job? When Management performs code enforcement inspections in the community, we can't always tell who lives here and who is just visiting. We acknowledge that it may feel very uncomfortable to report your neighbors. Please be advised that the name of the reporting party is not provided to the homeowner of the property address in question. If these types of violations are not reported by other residents, its highly likely we won't be able to help resolve these issues. What kind of information should I supply when reporting a suspected underage occupant? When possible, please provide as much information as possible, such as: physical description of the underage person(s), dates/times that you've witnessed them on site, make/model/color of vehicles that the underage occupant drives, relationship to owner, etc. We often receive responses from the owner(s) denying our claim that there is an underage occupant. Having pertinent details like this is very helpful when moving through the violation enforcement process and can also minimize a possible "he said, she said" situation. I've reported the underage occupant, now what? Please wait at least 60 days from the date you report this type of violation before inquiring with Management again. Also, be advised that we cannot discuss the specific status of any open violations with anyone other than the owner of the property in question. If 60 days have passed and the underage occupant is still there, please update Management with any new information you may have about the underage occupant. Qualifying Resident or Underage Occupant?

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