Red Bank Oaks
Vote by Mail
Affirm the Legal Validity of the 2/3rds Clause in the CC&Rs
The association does not have funds available for road maintenance this year. The roads have not been maintained for several years due to insufficient funds. As we investigate avenues for producing the funds necessary to maintain roads, the 2/3rds clause under Article III, “Management,” para. 6 in the CC&Rs is again under scrutiny.
There is and has been contention that the original amendment to the CC&Rs, which required 2/3rds of cattle-grazing revenue be set aside each year to extend electrical service to all parcels, was done so without majority representation/vote of the landowners as required by the CC&Rs. The meeting minutes from the July 21, 1981 special meeting do not identify how many landowners were present or represented at the special meeting. Nor do the meeting minutes document the actual votes (ayes, nays). There is also no record of proxies from the meeting.
At the April 25, 2009 meeting, the landowners declared that the 2/3rds clause in the CC&Rs has questionable validity and requested a vote from all the landowners to affirm their desire to keep the 2/3rds clause. If the clause is not affirmed by a majority of the landowners, or a majority vote is not obtained because landowners elect not to respond, then the association may retain an attorney and request a court direct the removal of the clause from the CC&Rs based on questionable validity and lack of support by the landowners.
The enclosed voting card is already stamped and addressed to Red Bank Oaks. You need only to:
All votes should be received no later than September 15, 2009.
I understand the validity of the 2/3rds clause in the CC&Rs is being
challenged for legal sufficiency as there was no count of landowner votes
or record of proxies to validate the amendment that was made to the
CC&Rs in April 1982. For this reason, it is necessary to establish an
official record regarding the 2/3rds clause. For the record:
(PLEASE CHOOSE ONLY ONE ACTION):
- I affirm that I want the 2/3rds clause to remain in the CC&Rs.
- I want to remove the 2/3rds clause from the CC&Rs.
If you elect not to respond, the absence of your response will be
counted as having no preference.
All votes must be received no later than September 15, 2009.
To establish an official record regarding the 2/3rds clause:
Action to be Taken: There were not enough landowners casting a vote either way to affirm the CC&Rs. Henceforth, the association may elect to petition the Superior Court of Tehama County to direct the removal of the clause from the CC&Rs based on questionable validity and lack of support by the landowners in accordance with the Davis-Stirling Common Interest Development Act, Section 1356.
BREAKDOWN OF VOTES AND COMMENTS:
Copyright © 2008
Red Bank Oaks Property Owners' Association