HOA Rehab Suggestions by Members

Member #1

General Comments:

• CCR’s should include only those restrictions necessary to maintain the character of the neighborhood; not overly restrictive in a manner that impedes individuals rights to the enjoyment of their property
  • Example – CCR’s should specify that structures shall be painted utilizing an earth-toned palette as opposed to property owners having to seek approval for specific paint colors.
  • Example – CCR’s should specify landscaping materials and encourage the use of planting natives and drought-tolerant plants, but allow individuals to choose how they prefer to landscape their yards. Approval to remove trees from individual properties should not be required; conversations between neighbors in the case of removal that would have a significant impact on a neighboring property should be encouraged.
• Enforcement of CCR’s needs to be consistent, predictable, and equitable. Currently, enforcements appear subjective, arbitrary and capricious.
  • Example – If alternate fencing is allowed in some circumstances, it should be allowed in all. The rules call for deer fencing only, but numerous variants are in place throughout the neighborhood. We sought approval for a variance to install fencing similar to other installations in the neighborhood and were denied. We were not provided an opportunity to meet with the committee to review our plans, and were not given an appeal option.
• The process of seeking approvals from the Architectural Review Committee needs to be improved. Timelines need to be established and adhered to; applicants need to be notified of meeting dates when their applications will be considered; an appeal process needs to be included in the process.

Specific Comments:

Article 17 – Architectural Control Committee

Generally, the breadth of scope of the Architectural Control Committee is far beyond that necessary in a mature neighborhood.

17(e) Application for Approval of Improvements – Suggestions: 1) The Architectural Control Committee rules should contain certain improvements that do not need to be further approved by the Architectural Control Committee. 2) Owners should not need Architectural Control Committee approval for construction or alteration of improvements inside structures. 3) The format of the proposed work plan should be “reasonable to convey the details of the improvements.”

Article 28 – Use of Lots and the Common Area

28(g) – (Re: clotheslines, drying, etc.) - Suggestion: Delete this provision. Rationale: Air-drying is an environmentally superior method of drying clothes, etc. and should not be limited to those owners who have the ability to conceal areas used for such activities. Owners can follow the applicable city, county, and state code.

28(h) – (Re: fences, hedges, etc.) - Suggestion: Delete this provision. Rationale: Restricting the use of property in this manner is unnecessary and should not be in the purview of the HOA/Architectural Review Committee. Owners can follow the City of Santa Rosa code.

28(i) – (Re: exterior fires, etc.) - Suggestion: Delete this provision. Rationale: City of Santa Rosa laws covering this subject are sufficient. Owners can follow the applicable city, county, and state code.

28(j) – (Re: sports apparatus, etc.) - Suggestion: Delete this provision. Rationale: Restricting the use of property in this manner is unnecessary and should not be in the purview of the HOA/Architectural Review Committee. Owners can follow the applicable city, county, and state code.

28(k) – (Re: garage areas, etc.) - Suggestion: Delete this provision. Rationale: This is subjective and unenforceable. The last sentence is vague. Owners can follow the applicable city, county, and state code.

28(q) – (Re: livestock, pets, etc.) - Suggestion: Delete the last sentence of this provision. Rationale: Restricting the use of property in this manner is unnecessary and should not be in the purview of the HOA/Architectural Review Committee. Owners can follow applicable city, county, and state code.

28(w) – (Re: leasing, etc.) - Suggestion: Delete the sentence “No owner may lease less than the entire residence.” Rationale: Renting a room, for example, in order for an owner to afford to remain in their home, should be allowed. Owners can follow the applicable city, county, and state code.

We were not provided with a copy of the 3/19/15 Restated Bylaws of FVEHA with changes noted and were invited to comment on revisions.  I sent an email to the President of the Board, asking to be provided with this document in track changes so we could review and provide comments. We did not receive a response to our request.  Later, I called the President of the Board and reiterated my request.  I was told that the materials distributed were those the HOA attorney advised should be distributed and that I would not be receiving the requested materials.

Member #2

General Comments:

HOA suggested Guidelines from the Fairway View Estates HOA Rehabilitation Team

Nothing in the guidelines shall allow actions and activities specifically NOT permitted by the CCR’s. These suggestions are developed to improve the relationship of Owners with the HOA Board and management company.

1. HOA approval and enforcement actions should include only those restrictions necessary to maintain the character of the neighborhood; not overly restrictive in a manner that impedes individuals' rights to the enjoyment of their property.

2. Enforcement of CCR’s needs to be consistent, predictable, and equitable. Currently, enforcements appear subjective, arbitrary and capricious and driven by anonymous complaints and Board member preferences.
3. Discipline procedures against HOA Members shall be avoided for any violation of the rules. The HOA Board will in all cases send a letter, not an email to the offending Member stating the complaint of concern, the rule in the HOA documents that is being violated and a suggestion on how to remedy the problem. The Member will have 10 calendar days to respond to the letter and if no response is made by the Member, the Board will send a notice of discipline hearing according to the HOA procedures. If the Member requests an IDR, ADR or meet and confer meeting, all discipline actions will be paused, and the activity selected will be commenced within 10 calendar days.   The Board shall ensure that every step in the disciplinary procedure is followed to the letter and if any procedure is violated the matter complained of will be immediately discontinued prejudice when the Member successfully documents the discipline procedure violated.
4. No Board members or other Members may be paid by the HOA to survey or spy on Members for compliance of any HOA rule. No funds for expenses to drive around looking for violations shall be provided.
5. Any Member may contact the President or any Member of the HOA Board of the HOA during normal business hours by telephone or anytime via email. An alternative of emailing or faxing the management company shall be made available and the management company will acknowledge the communication received within 1 hour unless after hours and then within 4 hours the first following business day.  Any Board member unwilling to accept calls from members should resign their Board position.
6. All current and past Board members should be especially mindful of the rules and shall no be in violation of any HOA rule or procedure while in office or thereafter. Any waiver of rules for a current or past Board member shall be accomplished at a membership meeting in a public forum and recorded on the record with at least a 50% affirmative vote.  Any past agreements with HOA not recorded shall be void and the Board shall take steps to ensure that the violations still present are abated or approved by a procedure that provides for a public meeting and approval of the Membership of at least 50% affirmative vote.
7. The use of confidential informants to address complaints by homeowners shall not be encouraged. If a homeowner has a complaint about another homeowner in the subdivision, the complaining party should first contact the alleged offender and try to resolve the problem, neighbor to neighbor.  If that fails, the complaining party should report the violation of HOA rules to the HOA in writing and identify themselves.  The HOA will then try to resolve the issues with the alleged violator by verbal contact, email or letter.  If the alleged offender demands to know who complained the HOA shall provide that information and provide a copy of the communication OR shall in the alternative immediately drop the investigation of the complaint. If the violation is of a City, County, State or Federal law violation the HOA may report the complaint to the appropriate enforcement agency for action. If the public safety of a resident, HOA or common area, the Board shall report the problem to the appropriate agency.
8. In addition to providing enforcement of the rules, the HOA Board should resolve problems, suggest solutions and show mutual respect of HOA members and conduct the HOA affairs fairly and politely. The Board and Manager hired by the HOA is here to protect the Common Area property and implement directions from the HOA Board. The Board serves the needs of the Owners, not the Board Members.
9. The Board and the Management company hired needs to be firmly and consistently informed that they serve the Board AND members of the HOA. Serving our members includes being polite, civil and accommodating.  Attempted enforcement of the rules with force, threats, dire warnings, etc. shall only be done as the last resort to solve a problem and in all cases will be approved in advance by the HOA Board.
10. The HOA shall have its own website, with password access by FVE owners only. The website should show all the Board members by name and contact info including address, telephone, and email. We have an offer for free mail access and server support from a homeowner in this subdivision.
11. The HOA needs it own email address, street address and fax number for members of the HOA to send communications, make reports and make inquiries. Every email will be responded to within 48 hours. We are not owned by or run by Grape Vine Property services; they are just an agent. Why are we addressing them as if they own the common area?
12. A frequently asked questions page with answers shall be built and maintained by the HOA
13. Bylaws, CCR’s and maps of the subdivision shall be available to all FVE owners online.
14. In every case of a perceived or reported violation of the HOA rules the HOA hired a property manager and/or the Board of the HOA will contact homeowners by mail email or telephone and investigate all the facts of a reported violation before sending communications to homeowners threatening legal action, penalties, and fines. No enforcement action against any HOA member may be undertaken without allowing a homeowner to answer the complaint or violation informally before any formal action is taken.
15. When a problem occurs for a member of the HOA, the HOA should encourage the person with the problem to contact their neighbor who they have a problem and try to resolve the issue without the engagement of the HOA. The complaint about an FVE neighbor to the HOA Board shall include a statement that the aggrieved party has attempted to resolve the issue with the alleged offender prior to submission to the Board. If your concern is not important enough for you to talk to your neighbor it is not important enough for the Board to be involved.
16. IF the problem cannot be resolved the HOA member should write a communication to the HOA Board, at an HOA mailing address or email or fax address in Santa Rosa. The Board President or other designated person should follow a set procedure specified by the Board, such as copying other Board members and the management company manager.  Once an answer the communication is determined the President, Manager or other designated person, that person should answer the communication by the same method it was received. In the case of faxes, answered will be mailed.
17. The answer should be polite, direct and clear. What the suggested solution is and other information should be stated clearly without threats and intimidating comments. All letters from the HOA shall be clear, direct to the point and shall be polite and professional.  All letter formats will be approved in advance by the Board or in emergencies by the President or Vice President of the Board. The manager hired by the Board will use the approved formats to communicate with members.
18. In no case is it necessary for the Board, any Board member, the HOA attorney or manager to threaten, abuse or insult the HOA member in any way. Threats of litigation shall be avoided whenever possible.
19. Public comments by the Board, any Board member or management or attorney concerning individual owner’s issues or incidences is not appropriate and shall be avoided.
20. Personal attacks by the Board, a Board member, the manager or the HOA attorney on owners shall never be publicly allowed by the Board. Personal opinions of all parties need to be restrained, police and courteous. If anyone has a problem with another party take up the issue directly with that person.
21. The Architectural Review Committee or person (ARC) needs to operate within specific guidelines established by the Board and approved by the membership. The ARC needs to act as an advisor, not a police force or dictator of every detail of an owner’s property.
22. The guidelines should include common-sense rules of what will and will not require ARC approval requests and what issues are beyond the prevue of the Board and ARC.
23. The President of the Board will supervise all communications from the HOA manager, the Board and individual Board members, with owners and the public.
24. The use of an attorney for Discipline of Members should be avoided and employed only as a last resort. In the event that the HOA fails in their effort to prosecute a lawsuit or cross-complaint against a member, the HOA shall pay the members attorney fees and legal costs. 

Architectural Review Committee guidelines.

Generally, the breadth of scope of the Architectural Control Committee is far beyond what is necessary in a mature neighborhood. The entire process is overbearing and goes to far in restrictions.

The process of seeking approvals from the Architectural Review Committee needs to be improved.  Strick timelines need to be established and adhered to. The ARC will immediately (and not more than 2 business days) notify applicants that a request for approval has been received. Applicants need to be notified of meeting dates when their applications will be considered.  Notice of an appeal process needs to be included in the ARC recommendations.

The ARC chairperson should contact the applicant and try to resolve any issues with the applicant informally before a rejection letter is issued.  Currently, the rules allow unlimited time for the HOA to tell the applicant that the “application is complete”.  Only when this notice is given the 45-day review period clock starts.

The HOA can just sit on the “application” and delay the 45-day review period.  This is exactly what the HOA Board is doing with the Romano property, the Board refuses to say the plans are complete so the 45 day review period does not start. For details about the Romano, improvement plans see the document entitled “Romano Improvement Dilemma” for a statement of the facts.

 The 45-day review period should begin with receipt of the application and should end 45 days later.  If the ARC does not respond within 45 calendar days, the application is approved as stated in the CCR’s. If the ARC has not received adequate information with the application, the ARC will contract the applicant to obtain the information required.  Any days taken up by waiting for information shall extend the 45-day deadline.  If information is not forthcoming in 5 calendar days the application shall be rejected as unapproved and must be resubmitted.

The stated purpose in the CC&R’s is for a visual review of compatibility with the neighborhood. 

The format of the proposed work being applied for by the applicant, including submitted plans shall be limited to a reasonable amount of information to convey the details of the improvements for visual compatibility assessment. Construction details, studies, irrigation plans, sprinkler plans, environmental issues and other details that do not further the “visual review” of compatibility in the neighborhood shall not be required.

The ARC will limit its review to the visual aspects of the projects Only.  If a building cannot be seen by neighbors from streets then only those visible structures can be reviewed by the ADD.  Structural, civil and other engineering, soil, drainage, sprinkler and other details of construction will be determined by the City of Santa Rosa NOT the HOA. These rules are required by the State Civil Code and any HOA provision to the contrary is void and unenforceable. Therefore the ARC or HOA cannot require a foundation, electrical, construction details, utilities or any other material dealing with “mechanical” or “structural elements” as this information is not within the purview of reviewing projects for “Visual” compatibility of structures in the HOA area.

Much of the information sought by the ARC is overkill and unnecessarily burdensome for Members. May HOA requirements are not necessary because the Board is not qualified to review the information.

Members of the HOA should not be required to submit approval requests for the following issues. 

It is understood that if the Member wishes to submit an approval request, they can do so to ensure that the improvement is reviewed by the ARC.   Any improvement without ARC approval is still subject to removal if it exceeds HOA ARC guidelines.

1. Repainting or reroofing their properties in substantially the currently existing colors, textures or trims on the property at the time of application or using color trims and textures already approved or in existence within a reasonable distance of the applicant. For new colors of housing or trim, an earth tone palette of colors should be encouraged by the HOA and approved quickly.  
2. Minor cosmetic changes to trim colors shall be allowed without ARC prior approval.
3. Adding for fountains, statues, gazebos and other decorative items on the property, not visible from the public or private street shall be exempt from pre-approval, provided that these items do not obscure the view of neighbors and are not offensive to neighbors who can view these items.
4. Planting existing plants, adding, replacing or removing similar plants, trees or ornamentals, subject of course to City of Santa Rosa plant and tree regulations. Native plant use, drought-tolerant plants, and cooperation of neighbors with each other should be encouraged by the HOA. Plants that cannot be seen by neighbors or from the street may not be regulated by the HOA.
5. Tree removal review HOA shall be limited to cases where the removal of a tree will have a significant impact on a neighbor’s property. Neighbors are encouraged to resolve these issues with their neighbors directly.  In all cases, the City of Santa Rosa tree regulations shall apply.
6. Flying the American flag on properties shall be permitted on any property, including the installation of appropriately sized flag poles. American flag issues shall be governed by the U.S. Code of the Flag Act of 2005. Other flags will be governed by City flag ordinances and shall not infringe on First Amendment rights.
7. When submitting building plans for approval by the ARC, the member shall include a set of plans provided to the City of Santa Rosa for the issuance of a building permit, fewer construction details, and electrical drawings and foundation information that the HOA is not qualified to review. Copies to the HOA shall be limited to two sets of plans and electronic submissions are to be encouraged.   Soil reports, special inspection documents, Title 24 and other documents required by the City need not be provided to the HOA.
8. Interior modifications or construction of buildings shall not require HOA ARC approval or submission so long as the activities contemplated by the interior changes do not violate the CCR’s.
9. Restriction on renting or leasing of portions of an HOA property shall be enforced in accordance with the City of Santa Rosa laws. The HOA shall refer enforcement to that appropriate agency and the HOA shall otherwise not become involved in these matters.
10. Paint, roof, trim, windows, doors and architectural features on new or remodeled buildings that match or are substantially like the current property design or similar to neighbors within a reasonable distance shall be approved automatically.
11. Landscaping, planting, trees and other ornamentals on property addition or remodeling that that match or are substantially like the current property design shall not require approval.
12. Zoning, heights, setbacks and other issues concerning a new structure or remodel, other than colors and visual elements, shall be determined by the City of Santa Rosa. The Final Map Setbacks have been overruled by City and State laws and will be removed from the CC&R’s and ACC Guidelines.
13. Visual elements of paint colors, trim colors, roof colors shall be approved if they currently exist and were approved by past Architectural Review Committee of the HOA, are common colors used in this subdivision, are earth tones or colors similar to existing homes in the HOA.
14. Individual owners may report building code violations to the City of Santa Rosa but the HOA will not become a reporting element to code enforcement without the approval and vote of the HOA Board and all contacts or reports made to the City will be done in writing to allow inspection by Members.
15. The HOA SHALL NOT pursue enforcement of rules or issues that are governed by the City, County, State or Federal government. If the HOA believes a homeowner is in violation of such laws the violations should be reported to the appropriate agency.
16. Political signs shall be controlled by the City of Santa Rosa sign regulations. Reports of non-compliance should be made to the City of Santa Rosa for action and HOA for information and follow-up
17. Garbage cans should be stored out of sight of HOA streets and should not be visible in storage in accordance with HOA rules and the City of Santa Rosa regulations.
18. Marking, painting or chalking or signage on HOA streets or easements for any purpose is prohibited. Unless specifically approved by law. Children playing in streets should be discouraged as it may subject the HOA to liability in the case of injury from vehicles.
19. Placement of signs on public or private roads or easements shall not be permitted by the HOA. Real estate signs shall be located on the property being sold itself or on properties where the agent has received permission to place the sign temporarily. 
20. Long term parking of vehicles in parking bays or storage of vehicles shall be discouraged. The HOA will cooperate with police for ticketing and removal of vehicles whenever possible. The HOA will take small claims enforcement action against repeat offenders where removal of vehicles is possible.
21. Clotheslines in back yards shall not be regulated by the HOA.