KAY VAN ZANDT JULY 7, 2013 EMAIL TO THE BOARD

From: Kay Van Zandt <kvz@msn.com>
Date: Sun, Jul 7, 2013 at 10:23 PM
Subject: Re: MONTEREY HOA PROPOSED RULE CHANGES
To: Monterey Open Forum <montereyopenforum@gmail.com>, Dana Brown <dana@albertmgt.com>

I request that Dana Brown provide a copy of this message to the board of directors. 

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To Whom it May Concern:

When I received the most recent proposed rule changes in the mail my first response was, "Oh No.  Not again!  What are they after this time?" 

In the past I have protested proposed CC&R/operating rule changes based on the process used, the inappropriate timing of the notice, and not knowing why the changes were considered necessary or the impact.  By doing the same thing again, this round of proposals makes one suspicious that the board wants to pass something that is unlikely to withstand real scrutiny.  Once again, there are no reasons given for the proposed changes that in some ways appear to be capricious, frivolous, and/or self-serving to some unidentified person or persons.  The golf cart extension debacle was an example of why we are suspicious of the board's motives--that resulted in many thousands of dollars being spent by the HOA board in litigating a clash of wills over interpreting the law that with some forethought could have been handled much more efficiently and with much less acrimony.  And as far as I can tell, the HOA was on the losing end of that battle.  We also have desert landscaping insidiously creeping into our complex notwithstanding the rejection of same when homeowners were given the opportunity to vote on it--the result was NO on desert landscaping in favor of keeping our green belt style of landscaping.  Furthermore, there has been no explanation from the board as to how that has been allowed to happen adding to distrust of the board's judgment.  Is there an imaginary statute of limitation after which the board believes they can implement something specifically voted down by the homeowners?  I can't believe I am the only person bothered by this.  The HOA board appears to opt for the federal government's M.O...only tell us what they want us to hear and ignore/bypass the people's wishes wherever and whenever they can get away with it. 

I read Ms. Judy Saccente's letter that points out a classic example of the arbitrariness of the proposed CC&R/operating rule changes and the negative impact on homeowners.  I completely agree with her.  Why on earth would you want to limit the height of plants inside a homeowner's property line?  To have plants cut down to below the height of the walls could deteriorate our complex's appearance more than you seem to think it would improve.  And why do you insist that plants inside the homeowner's property must be on the Association's plant list?  On the one hand you say plants must be cut so as not to be taller than the wall--presumably to be hidden from view--then limit what kind of plants can be used within the homeowner's walls to those on your favorites list!  Enforcing such rules would likely give our complex a sterile, prison-like appearance devoid of any personality, not to mention potentially unreasonable costs to the homeowners impacted by such changes.  These types of autocratic mandates are ludicrous! 

This belief that the board has the power to demand plant removal or whacking them down to a specific height is also evidenced in the recently distributed instructions with the repainting schedule--it demands that all plants and trees be cut down or removed so the painters have access to the walls.  In prior years the painters were able to circumnavigate the permanent vegetation adjacent to the walls. Why not this time?  Are you expecting us to do to our homes what you did to Gran Via where all of the plants were torn out along the perimeter wall leaving behind a hideous eyesore--an awful color wall and no vegetation left to hide it.  It looks horrible and infuriates me every time I am forced to look at it!  Whatever were you thinking?  I certainly hope you have learned from that disaster and do not plan to repeat it on every street where units are being repainted with your ugly paint scheme.

On principal, I reject and object to every one of your Section III proposed changes in this and any future CC&R/Operating Rule change attempts until and unless the board implements the following practices:

1. Update the complete existing CC&Rs (now from 2003) and all operating rules on the website to reflect all rules in effect today to incorporate all "CC&R/Operating Rule" changes approved since 2003.  All future approved changes should likewise be incorporated and the revised CC&Rs/operating rules posted with their effective date to replace those they outdate.  Don’t expect or ask homeowners to track these things, because for people not intimately involved on a daily basis, it is too difficult for homeowners to know where or how to find the CC&Rs and operating rules in effect at any given time.
2. Post all proposed CC&R/Operating Rule changes on the HOA website and email everyone that the information is posted; include the dates associated with supplying comments (online or on paper) as well as the target dates for a special HOA meeting, and the proposed date for an official vote. Since some homeowners do not have email or Internet access, hard copies of the summarized changes should also be mailed.  (For content details refer to item 5 below) 
3. Do not send out 89 pages forcing homeowners to search through them to find and decipher the proposed language changes and their impact, because for most homeowners this is difficult to get through in a meaningful way. The full document with proposed language changes should nevertheless be available on the web site under "Proposed CC&R/Operating Rule Changes" with copies of the full package available in the HOA office for pick up or mailing for those who would like to review it but do not have electronic access.
4. Summarize the proposed changes and reference the clause/article/page number(s) of the specific language changes so homeowners can review the language is so desired.  You did this to some degree with the changes to Sections I and II, but completely abandoned it when in came to the myriad changes proposed for Section III.
5. Clearly and fully explain each proposed change to the CC&Rs/Operating Rules as follows:     
   • An explanation of why each specific change is considered necessary
   • An explanation of any/all other areas of the governing documents that will/may be impacted by the proposed language change(s)
   • A detailed explanation of how the proposed change(s) will impact individual homeowners--what it means to us and any implementation the homeowners must enact to meet the proposed change(s)
   • The estimated costs of implementing the change to the HOA and/or individual homeowners as applicable
   • NEVER send out important information requiring homeowner input/action during the summer months 
   • Proposed changes to CC&R/Operating Rules should be sent out no more than once a year and never before 1 November or later than 1 March. The time for homeowner review and comments should be at least 60 days from issuance of the proposed changes.
6. Homeowner input to the initial proposal should be carefully reviewed and the documents modified to accommodate homeowners' major concerns submitted during the review period.
7. A revised package of proposed changes, also detailed according to #5 above, including the date of a special homeowners' meeting to openly discuss the proposed changes prior to asking for the homeowners to vote on the changes.
8. All proposed CC&R/Operating Rule changes should be voted on based on a line-item basis, NOT an "all or nothing" on the entire package.

This type of CC&R/Operating Rules oversight, review, and open discussion is important.  We live here and do not want major decisions on our homes, living conditions, and investments left in the hands of the few who may or may not have the best interests of the homeowners at the center of their actions.  Let's face it, some prior board members have done little to instill such confidence in many homeowners. We need procedures for CC&R/Operating Rules changes that give all homeowners the opportunity to be informed of proposed changes, to understand the reasons for and impact of any proposed changes, and an open forum meeting to discuss the proposed changes.  This would result in more informed decision making on the part of homeowners AND the board members who may not fully appreciate the implications of some proposed changes and language.

Kay Van Zandt 

Homeowner