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FOUR SEASONS BREEZE | MAY 2018 7 By Len Tavernetti Most of our homeowners are familiar with the Conditions, Covenants, Restrictions, Reservations and Easements (CC&Rs) of our Association. This declaration prepared by our builder, along with our bylaws and rules, establishes Four Seasons and safeguards the investments of our financial backers and home buyers. Another document, the Hovchild Specific Plan, June 1, 2004 (with amendments) serves as a planning and regulatory tool to ensure consistency with the city of Beaumont General Plan. Unless specified, none of these agreements exempt us from the rules, laws, codes, ordinances, and regulations of our governments. A major exemption is the age restriction waiver allowing us to have a 55+ requirement. And our bylaws have unique voting conditions to ensure participation in rule changes. The Specific Plan addresses the zoning ordinances of the city of Beaumont. "The development standards contained in the approved Specific Plan shall become the prevailing land use regulations for the area contained within the area of the project. These regulations will have full force of the Zoning Ordinance of the Beaumont Municipal Code through application of the SP-A (Specific Plan Area). Where conflicts exist between approved Specific Plan and the Beaumont Zoning Ordinance, the Specific Plan regulation shall prevail. Subject to the vesting efforts of the Development Agreement, where conflicts between the Specific Plan and the provisions of the Municipal Code, other than the Zoning Ordinance, the Municipal Code, shall prevail." We do adhere to ordinances that are not of our choosing. Homeowners are introduced to Ordinance 8.50.060 - Lighting in the Residential Lighting Zone when submitting landscape designs for their front yards requiring compliance with the Dark Sky policy. Ordinance 17.07.070 is now generating controversy within our HOA as it conflicts with our CC&Rs. "Flags on residential properties less than ¾ acre: maximum number of flags: three; maximum number of flag poles: one; maximum height of flag poles: 20 feet; maximum area of each flag: 40 square feet (measured one side only). No flags displaying commercial messages, images or symbols may be displayed in residential zones." In January of this year Ordinance 286 was enacted requiring a permit to remove a front yard tree and a signed form stating "That I shall guarantee that the tree(s) will be replaced with an ORNAMENTAL (not a fruit or nut) tree(s) which tree(s) shall be approved by the city. For any of these or similar ordinance the HOA could engage a court challenge. History and legal advice is that we would not only lose but would incur unfavorable publicity that would affect our property values. As one of the Board's main responsibilities is to safeguard the property values of our homes, we will not mount such a challenge. We will seek to limit the number of flag poles and restrict the flag to the US Standard 50-star version. Aligning HOA Rules With The City Plan

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