Your HOA
The New laws that have been enacted are making the job of your Board of Directors a lot more complicated and the cost of administrating HOA business more expensive. Some of these costs are keeping our roads safe requiring more maintenance, environmental requirements, legal assistance, reserve funding study/plan assistance, postage increases due to yearly mailing requirements of more documents to all members, etc. Without HOA volunteer members, your Association will have to hire outside expertise/help to run the HOA. In addition to our board of directors, who you elect, President, Vice President, Treasurer, Secretary, and Member at Large , we have Committee and Project volunteers who are appointed, ACC, Common Area Maintenance, CC&R/Bylaws Update, Newsletter, WEB site posting & maintenance. New positions/committees have been added as required by new laws. These are the Nominating Committee, and Inspector of Election. We are all busy with our personal lives, but all property owner’s need to step up to the plate and actively support the HOA, either as a Board, Committee Member or helping with projects.
Summary of New Laws
What is the DAVIS-STIRLING COMMON INTEREST DEVELOPMENT ACT
Common Interest Developments were first regulated in California in 1963 by passage of the California Condominium Act.
The laws governing common interest developments were revised and expanded in 1985 by passage of the Davis-Stirling Act (Civil Code §§1350-1377) which was named after the 2 assemblymen who sponsored the bill, Gray Davis and Larry Stirling.
Since then, community association law has been one of the most active areas of the law in California (and the nation) with a large number of bills introduced into the California legislature each year.
Other laws affecting community associations can be found in the following statutes:
Corporations Code, Labor Code, Health and Safety Code, Vehicle Code, Internal Revenue Code,
Code of Civil Procedure, Government Code
Rules of Interpretation
When reading the Davis-Stirling Act, you should apply the following general rules of interpretation:
1. Statute Overrides CC&Rs. If the statute uses words such as "notwithstanding any provision of the governing documents to the contrary" or any similar language, the statute overrides the association's CC&Rs. For example, Civil Code §1366(b) starts with "Notwithstanding more restrictive limitations placed on the board by the governing documents . . . " and then goes on to set a 20% limit on raising regular dues and a 5% limit on special assessments. This means that if your CC&Rs have a 10% cap on regular dues and a 3% cap on special assessments, they were nullified by statute and the higher limits of 20% and 5% now prevail. Another example is found in Civil Code §1360.5(a):
No governing documents shall prohibit the owner of a separate interest within a common interest development from keeping at least one pet . . .
2. Statute Defers to CC&Rs. If the statute uses words such as "Unless the declaration otherwise provides . . . " or similar language, the CC&Rs will prevail. For example, Civil Code §1362 states:
Unless the declaration otherwise provides . . . the common areas are owned as tenants in common, in equal shares, one for each unit or lot.
Frequently, high-rise condominiums will assign ownership interest (and the payment of dues) according to the square footage of the unit. If the CC&Rs were silent on the issue, then this statute would assign ownership in equal shares. Another example is found in Civil Code 1365.5(a):
Unless the governing documents impose more stringent standards, the board of directors of the association shall do all of the following: . . .
3. Statute is Silent. Frequently, the Davis-Stirling Act is silent on which controls, the statute or the CC&Rs, and you must decide from the general language of the statute which controls. For example, Civil Code §1363(a) does not contain any of the language described above, nonetheless, it clearly controls because of its use of the word "shall":
A common interest development shall be managed by an association which may be incorporated or unincorporated. The association may be referred to as a community association.
RESERVE FUNDING PLAN
Reserve Study Funding Plan - An association's plan to provide income to the reserve fund to offset anticipated expenditures from that fund. By law the board must adopt a reserve funding plan to meet the association’s obligation for the repair and replacement of all major components. The plan must include a schedule of the date and amount of any change in regular or special assessments that would be needed to sufficiently fund the reserves. Civil Code 1365.5(e)(5)
Reserve Study Frequency
Civil Code §1365.5(e)
Every Three Years. Associations are required, every three years, to visually inspect the common areas and prepare a reserve study and then update it annually. The reserve study must do the following:
1. Identify the major components that the association is obligated to repair, replace, restore, or maintain that, as of the date of the study, have a remaining useful life of less than 30 years.
2. Identify the probable remaining useful life of the components.
3. Estimate of the cost of repair, replacement, restoration, or maintenance of the components.
4. Estimate the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components.
5. Prepare a reserve funding plan.
Annual Updates. The allocation of reserve items is not written in stone. Allocations are only projections and subject to revision annually as roofs, boilers, etc. wear out at their own rates. As a result, the board must review the association's reserve study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the reserve account requirements as a result of that review.
Reserve Study
The following is a list of the minimum contents to be included in a reserve study:
1. A summary of the association's number of units, physical description, and reserve fund financial condition.
2. A projection of reserve starting balance, recommended reserve contributions, projected reserve expenses, and projected ending reserve balance for a minimum of twenty (20) years.
3. A tabular listing of the component inventory, component quantity or identifying descriptions, useful life, remaining life, and current cost.
4. A description of methods and objectives utilized in computing the fund status and development of the funding plan.
5. Source(s) utilized to obtain component current cost estimates.
6. A description of the Level of Service by which the reserve study was prepared.
7. Fiscal year for which the reserve study is prepared.
Pollutants
Did you know?
False Statement: Riverside County is mostly desert and therefore has a limited number of creeks, rivers, lakes, streams, etc.
Riverside County has significant number of creeks and streams and although you might not be able to see your nearest body of water, they are there. Water flows into a gutter or ditch that lead to a storm drain, feeding directly into a nearby water body.
False Statement: Residents that live on unimproved streets do not have to worry about harming their local environment by way of the storm drain.
Pollutants can find their way through natural groundwater basins. Ground waters are established from rain or snow that soaks into the ground or water in the sands and silt flowing underneath the earth's surface. Groundwater is literally defenseless to the pollutants that are discarded on the earth's porous surfaces.
False Statement: A small amount of polluted discharge into the storm drain will not impact the environment.
Even small amounts of soap, fertilizers, oil and chemicals will harm an aquatic environment. Chemicals are still toxic and can kill or harm plants and animals.
Protect your home
As the HOA develops, more people/workers are in the area. When you leave your home, to go to work, shopping or just a day out, be aware of anyone walking or in automobiles in your neighborhood when you leave. If you are going to be away or on vacation, let some of your neighbors and family know so they can keep an eye on your home. Also let them know where you are going and a contact number in case they have to get in touch with you. You live in a rural area and if there is no activity around your house it is easy for someone to help themselves. Think about alarms, automatic lighting, in and outside of the house, a neighbor stopping by and anything else that may detour an intruder. If you reside in the HOA or are visiting your property and see a problem call the Sheriff (951.696.3085), CHP (951.506.2000) and/or BLM (760.831.7751) law enforcement officers to report law breakers and voice your concerns. For emergencies call 911.
Info for RGO HOA Members
Fire Station #96
Fire Insurance
Fire Station #96 is less then 5 miles from any property in our HOA. This means that if you live here or are planning to build, your fire insurance should be lessened by a significant amount. To ensure insurance rates decrease you must send a letter to ISO request a reduction for the area. You can pick up a copy of the letter at the fire station, Ralston Management or download it from the HOA website. Please fill it out and send it in ASAP as it takes about 6 months to get reduced insurance.
Weed Control/Fire Protection
Due to the just enough winter rains this year every thing is growing like WEEDS. As the weather gets warmer the green of spring is now turning to brown of summer as the weeds dry up. It is time for clearing weeds and brush from your property. The HOA properties are right in the middle of an extreme fire hazard area. The fire department recommends mowing properties and clearing of any dried brush/leaves/pine needles from under trees. They don’t recommend extensive grading or scraping because it promotes erosion problems when it rains, as the plant roots are gone. The county considers “scraping” the same as grading and requires a permit. Clear your brush at least 100 - 200 feet around buildings as per Riverside County Ordinance. If you do scrape your property you are required to reseed to stop erosion.
The FireSafe Council
There are various proposals and organizations that HOA members as private citizens might want to get involved in. An example is the FireSafe Council. This is a coalition of public and private sector organizations that share a common, vested interest in reducing losses from wildfire. Their mission is to preserve California’s natural and manmade resources by mobilizing all Californians to make their homes, neighborhoods and communities’ fire safe.
10 EASY WAYS TO SAVE MONEY ON YOUR ENERGY BILLS:
1. Close off unused room doors along with their cooling ducts.
2. Keep the sun out! Close drapes and install awnings on the windows.
3. Seal up leaks.
4. Install energy efficient ceiling fans. Running a fan does not lower the temperature, it helps cool you off, so only run it when you’re there.
5. Paint your house a light color. The darker it is, the more heat it absorbs.
6. Dress your house up. Plant trees and shrubs around your house to help reduce the heat. This can reduce your cooling cost up to 30%!
7. Give your air unit a little space. It needs room to dispose the heated air it removed from your house so don't crowd it with shrubs.
8. Tint your windows. It helps reduce the amount of heat absorbed.
9. Grill-outside. Heat that is generated inside has to be removed by your cooling system.
l0. Don't block air vents.
Question: What is the bright orange threadlike plant seen growing along roadsides?
Answer: The plant descrived is dodder, a parasitic plant that can infest many garden plants, especially ivy. The only way to eliminate it is to cut it out before it forms seeds in the fall along with any parts of the infested host. In the spring, treat the area with a pre-emergent herbicide to prevent the germination of any seeds in the ground.
Be Water Wise
Water Conservation
Now that we have our water system installed and can turn on the tap and water our landscaping without the fear that our water tank will run out, we must be aware that there is a drought in Southern California and we should cut back our water usage as much as possible.
Here are a few tips to reducing your water use, yet producing a lush garden:
Use drought tolerant (less thirsty) plants in your garden. Establish a two to four inch layer of mulch for better water penetration.
Improve your soil by composting to aid the soil's ability to resist evaporation. Plant trees. They help to reduce plant and soil moisture loss. Group like plants. Plant grass around your house, as it does cool off your house, only where you need it. Periodically check your irrigation system for leaks or breaks in the line. Use drip and low irrigation systems. Go to the EMWD web site for information on rebates for water conserving sprinklers and timers.
Continue your GREEN education with these helpful links:
Integrated Pest Management
www.ipm.ucdavis.edu
Metropolitan Water District, Heritage Garden Program
www.bewaterwise.com
Western Municipal Water District
www.wmwd.com
Riverside County Flood Control District
www.rcflood.org
State Water Resource Conservation Board
http:/www.swrcb.ca.gov/watershed/links.html
Weed Out Unsafe Plants
Some of the pretty plants in your garden could be having an ugly effect on the environment. They could belong to a category of plants identified as invasive, which can displace native plants and disrupt wildlife habitats. "They take all the natural resources that our native plants and animals rely on, like water," said Tim Romo, project manager for field crews for the Santa Ana Watershed Association. He supervises the removal of aggressive plants such as giant reeds in riparian areas.
Resources
Riverside-Corona Resource Conservation District, www.rcrcd.com
Inland Empire Resource Conservation District, www.iercd.org
California Invasive Plant Council, www.cal-ipc.org
Santa Ana Watershed Association, www.sawatershed.org
PlantRight, www.plantright.org
ACC Committee
Before any plans go to the county (grading, building, etc.) a copy of all documentation/plans (see ACC Check List) should be submitted to your HOA through Ralston Management to prevent resubmission to the county should plans be disapproved by the ACC. In accordance with the CC&Rs, the ACC reviews documentation/plans and issues written decisions to the requesting property owner concerning the property improvement approval request.
Surveying of Property
All Property must be surveyed prior to any development.
Property corners should be marked and property lines marked, point on line (POL), every 50 feet.
A surveying report must be submitted to the ACC prior to any grading. Please refer to the CC&R’s, ACC guidelines, ACC checklist or contact Ralston Management for further information.
Ralston Management
Member requests for any action must be a written request sent to Ralston Management.
BOD meeting
Agendas are posted at Ralston Management 5 days before the monthly/annual meetings. Contact Ralston Management for the BOD meeting agenda and the location of the BOD meeting.
