2001, October
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2001, October
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Red Bank Oaks Vote by Mail October 2001
Proposed Amendment to CC&Rs and Election of 2001-2002 Board of Directors
SUMMARY:
YOUR VOTE IS REQUIRED. We did not have a quorum of landowners at the October 2001 meeting. We had 23 (twenty-three) landowners present and 2 (two) proxies for a total of 25 (twenty-five) landowners represented. We must have at least 35 (thirty-five) landowners represented to constitute a quorum. This means several important issues could not be voted on and resolved at the October 2001 meeting.
This mailing is being sent to all Red Bank Oaks Property Owners’ Association landowners on record. It is providing YOU an opportunity to represent yourself and your interests on Association matters in order for action to be taken. With this mailing, a quorum has been established. It is now up to you to vote.
A summary of the motions to be voted on follows. After reviewing the issues, please mark your votes on the enclosed postcard, sign it, and drop it in the mail. We’ve already addressed and stamped the voting postcard for you. All votes must be postmarked no later than 15 November 2001 to be counted. Again, YOUR VOTE IS REQUIRED – please don’t delay.
* Amend the Red Bank Oaks Property Owners’ Association CC&Rs, Article VI, Activities of the Association, paragraph 4 to read: “The Association shall be governed by a five (5) person Board of Directors…”
Explanation: The CC&Rs originally reflected a 5-man Board of Directors. However, in December 1975, the CC&Rs were amended to reflect a 3-man Board of Directors. This action created a disconnect between the Articles of Incorporation and CC&Rs because the Articles of Incorporation reflects a 5-man Board. In October 1995, the landowners voted to have the Board of Directors increased to 5 again due to increased workload. The CC&Rs, however, were not amended to reflect this decision. Consequently, a 5-man Board of Directors has governed the Association since 1995. This motion seeks to bring the CC&Rs back in line with the Articles of Incorporation and reflect the actual administration of the Association.
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* Amend the Red Bank Oaks Property Owners’ Association CC&Rs to strike Article III, Management, paragraph 6 and replace with: “Each parcel within the Association is entitled to a one-time subsidy from the Association to assist the landowner of record at that time with producing electricity. The subsidy may be used for a generator, solar, or any other means to make electricity at the property. The Association will pay the landowner of record 23% (percent) of the cost up to $1,100. Association funds in the amount of $75,900 will be set aside for this purpose and may not be used for any other purpose. The remaining Association funds may be used as determined by the Board of Directors, not to exceed $10,000 per year on average.”
Explanation: In 1982, the CC&Rs were amended with a requirement to set aside 2/3 of all grazing revenue for the purpose of extending electrical service to all parcels in the Association. Since that time, the Association had made repeated attempts to finance the cost of extending traditional powerlines to Association properties. Each year, the cost of powerline extension increased as a result of changing government regulation and inflation. The cost of maintaining Association roads has also increased. The grazing revenue, however, has been consistent and nearly constant since 1980. An analysis of grazing revenue and expenditures since 1982 has demonstrated the Association’s inability to set aside 2/3 of all grazing revenue and still maintain roads and routine expenses. Additionally, an alternative program was adopted in 1995 when, after submitting to the idea traditional powerlines might never be feasible de to financial constraints, the Board of Directors voted to meet the objective of the original clause and use the electricity fund to subsidize landowners for the cost they would incur to generate their own power – self sustainment. The subsidies were put into effect and at least 10 landowners have benefited thus far. The Association presently has enough funds set aside for power to support the subsidy program and guarantee its availability to each parcel. This motion seeks to bring the CC&Rs in line with the Association’s real ability to support power initiatives while also maintaining other Association high-interest items such as roads.
---------------------------------------------------------------------- * Election of Officers. Vote whether or not to elect each of the following nominees to the Board for the 2001-2002 term.
VOTING CARD:
“The Association shall be governed by a five (5) person Board of Directors…”
“Each parcel within the Association is entitled to a one-time subsidy from the Association to assist the landowner of record at that time with producing electricity. The subsidy may be used for a generator, solar, or any means to make electricity at the property. The Association will pay the landowner of record 23% (percent) of the cost up to $1,100. Association funds in the amount of $75,900 will be set aside for this purpose and may not be used for any other purpose. The remaining Association funds may be used as determined by the Board of Directors, not to exceed $10,000 per year on average.”
RESULTS:
Amendment to CC&Rs:
Per CC&Rs, Article V, Amendments, “The provisions of this Declaration may be amended from time to time upon a majority vote of the owners entitled to vote.” The Association has 69 landowners entitled to vote. A majority vote would therefore consist of 35 votes.
* Amend the Red Bank Oaks Property Owners’ Association CC&Rs, Article VI, Activities of the Association, paragraph 4 to read: “The Association shall be governed by a five (5) person Board of Directors…”
* Amend the Red Bank Oaks Property Owners’ Association CC&Rs to strike Article III, Management, paragraph 6 and replace with: “Each parcel within the Association is entitled to a one-time subsidy from the Association to assist the landowner of record at that time with producing electricity. The subsidy may be used for a generator, solar, or any other means to make electricity at the property. The Association will pay the landowner of record 23% (percent) of the cost up to $1,100. Association funds in the amount of $75,900 will be set aside for this purpose and may not be used for any other purpose. The remaining Association funds may be used as determined by the Board of Directors, not to exceed $10,000 per year on average.”
Elections:
Per CC&Rs, Article VI, Activities of the Association, paragraph 4: “The directors shall be elected and may be removed by a majority of the votes cast by the owners.” The Association received 33 valid votes cast by the owners for elections. A majority of the votes would therefore consist of 17 votes.
* Election of Officers. Vote whether or not to elect each of the following nominees to the Board for the 2001-2002 term.
BREAKDOWN OF VOTES AND COMMENTS:
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Red Bank Oaks Property Owners' Association
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