Bobbi and Dan Monahan's July 16th Rule Change e-mail to the Board.

From: i <damon1776@aol.com>
Date: Tue, Jul 16, 2013 at 10:48 AM
Subject: HOA Proposed Rule Changes
To: montereyopenforum@gmail.com, montereyhoa@dc.rr.com


We are homeowners here in Monterrey.   We strongly support Kay Van Zant, Jack & Lois Mulhall, Chuck Pepper and others who have commented on the  Board's proposed rule changes. In particular, we commend Jack four page commentary which outlines for each of us what the Board can and cannot do, what our rights are, and how the Board is trying to ram-rod these changes in without proper notification, publishing each of the comments for or against (they publish those for the rules, but none of the comments against the proposed changes.  

We are very much against rules which arbitrarily make us cut our plants below 4 feet in height without any reason such as safety (perhaps it is falling into a neighbor's yard/space or into a pool ---   we specifically bought a unit with a side yard so we could enjoy the beautifu folliage that grows here so well in the desert including ornamental cactus, yucca, pigmy palms, etc......some of which can exceed 48" in height, but which give our side yard it's beauty.  We have a weekly gardening service and everything is maintained impeccably!   If we are gone, the gardener still comes and trims the plants and does cleanup and maintenance.   What is the problem with that?  Oh, so you can see the top of our cactus from the golf course?   WOW!!!  That is amazing that someone would put in a new rule to change that!   We have striped cushions on our patio chairs (have been there for 3 years) -- so now we have to buy all new cushions and paint our chairs (from white to rust?) -- we clearly aren't using florescent pink -- and the colors we have have never been an issue.   Also, we have a bouganvillia shrub growing on our golf course screen between our units to give each unit privacy, shade and camouflage an ugly green wronght iron fencing... so we now have to cut that all down to 48 inches even though our neighbors like it too and it doesn't block anyone's view and certainly is better looking that a green iron fence?   Why -- green plants with flowers are beautiful -- we maintain it and it is not "out of control" as the Board purports!    Oh, so the Board doesn't like red or blue or yellow flowers which bloom on our plants?  Why do they plant blue and yellow pansies in the Spring -- good color for them but not for us?   Ridiculous and arbitrary!  

The Proposed HOA Rule Changes are capricious, arbitrary and unreasonable!    

So we all pay to below as Social Member of the Monterey Golf Club.  And now...WE WILL NOT BE ABLE TO WALK ON THE GOLF CART/PEDESTRIAN PATHS EVEN AFTER THE GOLFERS HAVE LEFT FOR THE DAY OR THE COURSE ITSELF IS CLOSED FOR RE-SEEDING?   The Proposed HOA Rule Changes are capricious, arbitrary and unreasonable!    

So what are we all paying for as Social Member of the Monterey Golf Club?  The priviledge of dining in the dining room or using the Patio Grill?  All of the public who don't life here can come in to use the same facility and no one pays $100/month to do so.   Also, why is the Golf  Club closing the main pool?   We all enjoy taking our friends to the pool, grabbing lunch at the patio grill and  enjoying the scenery there -- now it is closed forever because the Catering Department wants to put in a green area for Barbecues so they an rent it out for more revenue???   How did this happen without any input from the Social Members???

Dog's on leashes --  of course, it is already in the rules -- why make it more draconian.  If we have dogs, of course we clean up after them and put their "do-doo" in a tied plastic bag before we dispose of it.  But now, alas, there is a NEW RULE!!!!  We cannot under any circumstances put the tied plastic bag into a public common area/pool trash bin -- we must carry it around with us for 3 hours until we return home and put it only in our own private trash bin.   COME ON FOLKS.....WHERE DID WE GET THIS IDEA FROM?   

Radar?   Really.....so you now want security services/trucks parked on our streets to radar all the incoming and outgoing traffic to ensure they are goig 24.5 miles per hour?   We have speed bumps, 95% of the people drive very slowly going thru the complex -- let's not make this a police state!   If we can stop obvious repeat offenders do it, but don't monitor every car.    Our Securitas staff are not police officers and should have better things to do in monitoring WHO COMES IN AND WHO GOES OUT -- if they would stick to their job, that would be a major improvement.  

Why doesn't the Board spend more time fixing those things that can improve the appearance and ambiance of our complex instead of coming up with unexplained and arbitrary RULES!!!   We are all living  here because we want a quiet, safe and luxurious lifestyle -- many of us are retirees but not all of us.  We have attracted any mid-age famiiies who enjoy the Desert for its lifestyle and beautiful  weather.   Our MCC has been here for over 30 years -- why do we need to keep adding rules and rules and restrictions unless they affect the safety and maintenance of all that we started with or unless they are in compliance with local laws?     We want an environment that is hassel free and relaxing -- not one that we have condo police on every corner telling us we have the wrong color umbrella or have planted an Xavier Bush which is not approved in our own side yard!  And if we pick up after our dog on our daily walk with a doggy bag and throw it ito a public garbage can, isns't that what the trash bins are for???  If someone's dog is off leash and causes a problem, the owners are by civil law fully responsible and liable so why do we need more rules?   Again it is the occasional offender who  punishes all of us by making this so rule ridden that we drive new folks away from  us and current residents out of here!  

We should only need a new rule if there is a new problem!   The Board has failed to explain any of the reasoning behind the new rules, has failed to publish a list of offense committed and frequency,   If the landscaping on someone's property is out of control or not maintained they should get a written warning, a  period of 30 days to fix it, and then a bill for what it costs the HOA to fix it.   End of story.   Whether a rose bush is 48" or 52" or 55" -- who cares???  The thing that matter is whether it is pruned and beautiful or dead and ugly!    A 30" dead/dried or improperly maintained shrub is worse that a beautifully trimmed one 6 feet tall!!!    What does the height restriction solved?    (I have no rose bushes so I could care less).

ALSO, WHY DOES THE BOARD PROPOSE THESE RULE CHANGES IN THE MIDDLE OF THE OFF SEASON -- JUY 18?   WE HAVE LESS THAN 40% OF OUR OWNERS EVEN HERE IN THE SUMMER!!!   Again, this is their best possibly way to ram-rod these changes in when few of  us are here -- but alas, THOSE OF US HERE REALLY REALLY REALLY NEED TO GET ON THE BAND WAGON and veto their actions!!

I beg each of you do either :

(a)  write to the Board before Juy 18, (Hard copy letter to arrive before Thursday July 18) or email to MCC HOA;

(b)  drop off a letter that you do not approve the Board's Proposed HOA Rule Changes or which to have further time and review of the reasonings and alternatives, or

(c)   write to the montereyopenforum@gmail.com

and then, as Jack Muhull recommends, volunteer and sign up to help educate, petition the Board/HOA,  distribute fliers before any special meeting so that everyone becomes fully informed..... 

Thanks and hope you all plan to attend the meeting this Thursday at the HOA office and/or drop off your comments or respond to:   Montereyopenorum@gmail.com

Bobbi and Dan Monahan

219 Seville Circle

925-858-6752

damon1776@aol.com