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HOA NEWS | THE COLONY NEWS | AUGUST 2022 | 3 e Golf Course Vote - A Soliloquy By Daryl Hansen By correspondence dated April 1, 2022, ballots were sent to the HOA members requesting a vote on whether they would authorize the HOA to Acquire, Restore, Manage, Operate and Maintain the California Oaks Golf Club, if it became available. The specific matters upon which the members were asked to vote were spelled out and explained so that there was no question as to what a "yes" vote meant. The votes were counted and certified on May 5, 2022. There were 837 Yes votes, 447 No votes, 3 abstaining, with 299 members not voting. That constituted an approval of 52.77% of the homeowners, more than the 51% required by the CC&Rs. Since the vote, there appears to have been some misunderstanding by some of our members as to the legal requirements and effect of the items voted on. In order to clarify those, the Board has requested that this article appear in your newsletter. A small number of dissenting members question why the CC&Rs needed to be amended by the addition of Article 20 and the powers set forth therein. Those powers are necessary, since the previous CC&Rs did not provide the Association with the power to Acquire, Restore, Manage, Operate and Maintain the golf course. The Board relied on the advice of its legal counsel and other consultants in drafting these amendments. Another concern that has been expressed was that the amendment appeared to leave the HOA potentially liable for all golf course losses. The intent and legal effect was just the opposite. The formation of a separate legal entity which will hold title to and operate the golf course means the HOA will not have any legal exposure for any golf course losses. However, no one has a crystal ball as to what future actions might be appropriate to protect the interests of the homeowners. For example, most of us understand that the fingers and slopes are the property of the golf course and since they are not in the playing area, need to be maintained without any compensating revenue. Section 20.1.5 was added to the CC&Rs with the intent that in the event it was beneficial to the members, the Board would have the flexibility to enter into an agreement to have the HOA maintain the fingers and slopes, if the members chose to do so. In summary, every Board action in conjunction with the vote has been taken only after consultation with legal counsel and other consultants and after a lengthy and thorough discussion and vote by the Board.