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Four Seasons Breeze, Sept., 2012

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COMMUNITY NEWS MAIN STORY A Vote to Improve Our CC&Rs Ballots for the proposed CC&R amendments were mailed to homeowners last month. The amendments will reinforce the 55-and- older rule and bring the documents into compliance with the California Civil Code. The current CC&Rs neglect to say that at least one resident of a home must be at least 55 years old who intends to live in it as their primary residence on a permanent basis. Not having this language opens the door for evasion of the age limitation rule. There are two classes of people who can live in Four Seasons: seniors who are 55 or older and non-seniors who qualify under exemptions for younger spouses or cohabitants, health care providers, mentally or physically impaired dependent children and the like. A senior can buy a house, actually occupy it briefl y or not at all, then move in exempted non-seniors and move out. The non- seniors can then remain indefi nitely under language that allows occupancy during the senior's "prolonged absence. " Getting the non-seniors out can be a diffi cult, costly and sometimes futile effort. Further, the amendments will bring CC&Rs in compliance with the California Code by defi ning who is a "Permitted Health Care Resident," establishing that a cohabitant is "domestic partner" under the meaning of the California Family Code and that disabled grandchildren as well as disabled children can qualify for residence. Because state law takes precedence over the CC&Rs, there will be no change in how residency rules are applied. Some homeowners have asked if the "primary, permanent" resident requirement would affect them if they have a second home, spend time in another state, vote from a different address or the like. The answer is no. The only time it comes into effect is if the owner wants to qualify a resident who is under age. There must be a resident who is 55 or older for the younger person to qualify. The HOA Board proposed the amendments on the recommendation of the Rules and Regulations Committee. The Board and the committee both strongly back the measure. Rules and Regulations Chairperson Ron Morgan said, "This is a very important election. It's your opportunity to help us improve our age restriction requirements. Please vote, please vote, please vote. Thanks for attention to this issue. " Board Vice President Loren DuChesne said, "In order to protect the integrity of our age-restricted community it's important to have correctly-worded and effective CC&Rs. I urge the community to vote yes to strengthen and clarify our CC&Rs." Board President Jacque Sneddon said, "I feel it's important for people to participate in their community. The Homeowners Association is a mini government and this is chance for everyone to take the opportunity to participate. " Board Treasurer Wayne Staples said, "It's very important for the association to pass By Leighton McLaughlin the amendment. It will save us a lot of problems in the future. " Louise Lyon, who ran the committee's campaign to explain the amendment to voters, praised residents who opened their homes to 15 mini town hall meetings for discussions. A fi rst general Town Hall Meeting was July 10 at the Lodge with over 175 attendees, followed by the neighborhood mini meetings with a total of 244 in attendance. The presentations ended Aug. 21 with a fi nal general meeting in the Lodge. Lyon stressed the importance of voting. A majority of all households — not just those voting — is needed to pass the amendment, she said, "So we need as many people to vote as possible. Please, as soon as you receive your ballot, open it, vote and send it in." HOA General Manager Lisa Lynn said the Board has hired an outside inspector of elections to prepare the ballots, mail them and to count them when a suffi cient number are returned Lyon said the following "friends and neighbors" deserve kudos for holding the mini meetings: Pat and Gordon Shepard, Vicki and Bob Howard, Marilyn and Steve Sarchett, Patty Jordan, Ronda and Paul Esposito, Colleen and Chuck Barretto, Marsha and Alan Gormley, Tanya and Bill Guy, Nancy and Ron Morgan, Kathy and Colin Taylor, Lorene Sponsler, Phyllis and Marshall Beede, Barbara Miller and Cheryl and Wayne Staples. FOUR SEASONS BREEZE | SEPTEMBER 2012 5

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