Architectural Review Committee
Each quarter we will highlight the duties of one of our officers or committee heads.
Architectural Review Committee (ARC) consists of a three members, appointed by the Board of Directors, who attend all HOA meetings to provide and follow reasonable written procedures for reviewing architectural applications from HOA property owners.
These procedures provide prompt deadlines for review by the association.
In accordance with the CC&Rs, the ARC is responsible for issuing written
decisions to the requesting property owner concerning the property
improvement approval request.
Decisions on the owner’s application must be approved, in writing, by the
Committee and reviewed by the Board of Directors before being sent out to
the applicant. If an owner's application is disapproved, the Board or ARC
must include an explanation for the disapproval.
If an application is disapproved, the notice to the owner must include a description of the procedure for appealing the decision to the Board of Directors. The hearing for reconsideration must be at an open meeting of the Board. If the disapproval was by the Board (instead of the Architectural Committee), then there is no requirement for reconsideration by the Board.
The Committee is responsible for reviewing property-planned improvements including final site and grading plans showing the location and nature of the improvement.
A separate folder must be retained for each property being developed with all paperwork, called out in the ARC checklist, and correspondence to and from the property developer. When construction and the final inspection by the county are completed, the folder will be turned over for storage to the management company along with the building plans.
The ARC also monitors/reviews the Riverside County Web Site for Permits filed, that pertain to property within and around the HOA, for any negative effect on the HOA.
Info for Members
State's new solar panel laws
By LESLIE BERKMAN The Press-Enterprise
Solar power got a boost when Gov. Arnold Schwarzenegger signed bills that require investor-owned utilities like Southern California Edison to buy surplus solar electricity generated by homes. The bill gives homeowners a greater incentive to invest in solar systems and to conserve energy when using them, in the state's efforts to shift reliance from fossil fuels to renewable energy. Currently, homeowners with solar panels receive credits from their utility each month when their systems produce more electricity than they need and the excess is fed into the utility's grid. The credits then lower their utility bills on months when they consume more power than they can capture from the sun. At the end of a billing year, utility customers with a solar system lose any credits that are unused. Industry experts say the prospect of giving away excess electricity to utilities has stopped some homeowners from going solar and has perversely discouraged homeowners who have solar installations from conserving. Under the new law, homeowners would be paid for the excess energy transmitted from their rooftop solar panels or small wind-power generators into a utility's power distribution system. Reimbursement rates would be established by the California Public Utilities Commission.
Increasing Dues
The HOA BOD has raised the dues by 20% again this year. The increase of dues by 20% a year should have started back in the 1980’s when the HOA was formed to give our HOA enough revenue to operate effectively in today’s world. Maintenance of our common areas, which is your HOA’s primary function, is becoming more expensive. As more property owners build homes and move into the HOA it is requiring the HOA to spend more on roads and environmental planning and execution (weed, fire and water runoff). With the legal requirement that a long-range Reserve Funding Plan be in place, monies must be accumulated to support the plan. Legal fees to review new and revised Policy Resolutions, required by the Davis-Stirling Act, are also costing the HOA money. Your BOD is writing these Resolutions to save the HOA money but each must have a legal review.
DAVIS-STIRLING ACT ONLY A GUIDELINE?
Reprinted from Davis-Stirling.com
by Adams Kessler PLC
QUESTION: We've functioned as a HOA for years without knowing about the Davis-Stirling Act and got along just fine. We understand the Act to be guidelines than enforceable law. What is the risk of ignoring the Act? Some of the provisions seem onerous and unnecessary for a small HOA.
ANSWER: The law is only a guideline? Who in the world told you that? Associations can incur penalties, legal fees and court costs if they fail to follow the Davis-Stirling Act. I agree it can be onerous on small associations. Unfortunately, the legislature did not take that into consideration.
Renters Violations
The recession that the country is going through is affecting many of us within our HOA. Some of the properties in the HOA are being rented out by private owners, and others may now be owned and rented out by banks. It must be remembered that the ultimate responsibility for the property is not with the renters, it is with the owner. This also means that the owner is responsible for the action of a renter and for them complying with the rules of the HOA.
Although not true for all renters, as a group, renters tend to violate association rules more than owners. Renters do not have an ownership interest in the development and tend to view their residency as transitory in nature. As a result, they are generally less concerned about following rules.
FINING TENANTS. CC&Rs will sometimes have a broad statement that they are binding upon each member, tenant, resident, and occupant, and each has a duty to follow the association’s governing documents. If so, penalties may be levied against tenants, as well as owners, for rule violations.
HEARING NOTICE. If the governing documents allow for penalties against tenants, and if the Board intends to fine a tenant, hearing notices must go to the tenant, as well as the owner, of the unit so the tenant can defend himself/herself at the hearing. If the Board intends to fine only the owner, the hearing notice must go to the owner but does not need to be sent to the tenant. The owner may invite the tenant to the hearing but that is a matter between the owner and the tenant.
Environmental Protection
Gardening Responsibly
Don’t Plant a Pest
Note: This is page two of this brochure. The full brochure can be found on the RGO HOA web site.
California is a gardener's dream. Our mild climate allows us to have
fantastic gardens, showcasing a wide variety of ornamental plants from
all around the world. Unfortunately, some of these plants from other parts
of the world have become serious invasive plants, threatening California's
biodiversity and economy. That's because some of our garden plants don't
stay in our garden. They "jump the fence" when seed, root or stem fragments
spread to our natural areas. Once established in our natural areas, these plants
grow so fast that they crowd out native vegetation, block streams causing flooding, and produce so much biomass that they become serious fire hazards. They also increase landscaping maintenance costs and contribute to the loss of recreational opportunities in our natural areas. Once invasive plants spread and take over natural areas, public resources are required to restore these lands.
Gardeners don't plant invasive or fire prone species intentionally. Like other
Californians, gardeners have a deep respect for our state's rich natural heritage. The
good news is that most garden plants behave perfectly well in their intended roles.
By choosing suitable replacements for the few problem plants, we can save
ourselves, and our neighbors, trouble and expense while helping to protect
California's natural landscape from invasive plants. Not to mention reducing the risk of flood and fire damage to our homes and property!
Invasive plants are by nature a regional or local problem. A plant that jumps out of the garden in one climate and habitat type may behave perfectly in another. The problem plants listed here have escaped from gardens throughout the Southern California area. They are invading natural areas (see www.cal-ipc.org for the rest of this brochure and for photos of escaped plants). Because of their aggressive and rapid growth, some invasive non-native plants have also increased the flood and risk of our natural areas.
How to use this brochure:
This brochure features the most common invasive non-native pest plants that are sold in nurseries, and suggests safe alternatives for these plants. For a more extensive list of invasive non-native plants that are sold in nurseries and suggested alternatives, visit www.cal-ipc.org, www.CNPS.org or websites listed on the back of this brochure. The alternatives listed are acceptable for vegetation management zones because they can be pruned to decrease the accumulation of deadwood.
When you are buying new plants, consider these alternatives, or ask your local nursery for other non-invasive, non-fire hazard plants. If one of the invasive or fire prone plants is already in your yard, especially if you live near a natural area, we recommend that you remove it and replace it with a suggested alternative. Invasive plants that spread aggressively by seed should be removed from all areas.
Think about why you might plant one of the problem plants in the first place. If it is for appearance, finding a replacement is often easy. Some of the alternatives listed here are selected especially for their similar appearance. If you need a plant to fill a functional role, such as a groundcover that grows well in a shady place, or a border plant that likes full sun, the alternatives listed here thrive in the same environments as problem plants. Care has been taken to suggest both California native plants, for those wishing to rediscover some of California's unique native plant heritage, as well as non-invasive non-native alternatives. Many of these alternatives are readily available, though others may be easiest to find in specialty or native plant nurseries.
So you want to move to the Country
As, or when, the economy improves more property owners will be building homes and moving into the HOA with the rest of us country dwellers. We want to impart to you some of the experiences, good and not so good, that we live through every day.
First the good: The sunsets are spectacular and they are always different.
Watching the hot air balloons going up nearly every morning, sometimes
going right over your house, and even landing on your property. You always
know when the rain is coming as you can see it rising over the mountains
and heading our way. The cool winds that blow in from the ocean during the
summer. The full moon coming up in the east is a monthly pleasure enjoyed
by all. The stars in the night sky are more plentiful than if you lived in the city.
The incredible views of the Temecula Valley are postcard perfect. You know
all your neighbors and that they are there if you need anything.
The not so good: Fire danger in the summer and fall and being on watch. Protecting your children and animals from coyotes, bobcats, mountain lions, rattlesnakes and other wild critters. Slick and dangerous roads that you have to drive on during and after winter rains. Keeping your property
from washing away when it rains. Putting up with dust caused by the Santa Ana winds and passing cars. Dusting inside your home one day and the next day having to do it all over again. Learning to drive slowly on the dirt roads to avoid frequent auto repairs and reduce dust emissions.
Well that’s some of the good and bad, but the good outweighs the bad many times over and we would not change where we live for anything. Welcome to our neighborhood.
Keeping up with BOD actions
The Board wants to keep our members informed of what the Board and Committees
have been discussing and working on during the quarter. (Taken from the October
and November Board minutes. There was no Board meeting in December.)
1. Meeting with HOA attorney on October 13 to discuss Gray Squirrel “prescriptive rights” road closure action, by property owner
2. Environmental issues
a. Common areas preparation for 2009-2010 winter rains continues
b. Identifying current and future environmental problems affecting common areas
c. The HOA purchased straw bales and rebar and will put them in place to prevent Storm Water
Pollutants from entering the watershed
d. Danny Henson, the principle for Pacific Watershed, contacted the HOA President, Joe Kenitzer, and will be sending a DVD that shows environmental road maintenance in various parts of the country
3. "No Outlet" signs were purchased and will be installed on various roads within the HOA
4. New street signs are ready to be installed
5. A new grate will be purchased by the HOA for the culvert on Calle Jerez to replace the one that was stolen
6. A letter to the members addressing Storm Water Pollution was approved with changes and will be sent out to the members
7. Dates were set for Elections, Call for Candidates, and the Annual Meeting, which was scheduled for May 16, 2010.
