Board Adopts New Policy And Amends Guidelines
January 10, 2019
2019 Adopted Rules, Policies, and Guidelines
In accordance with California Civil Code, amendments made to an Association’s operating rules, guidelines or policies, must be properly noticed to all homeowners at least 30 days prior to the Board acting on approval of such changes; homeowners must be given an opportunity to comment on the proposed change(s); and written notification of the Board’s approval must be posted within 15 days of that approval.
Notification was published in the Mainsheet and thus mailed to all Association members, as well as posted at the Association’s official posting location – outside the front doors of the Clubhouse, on November 12, 2018.
After the opportunity for public comments, the Public Hearing was closed at the Board Meeting on January 9, 2019. The following amendments and additions were then approved by the Board:
Fitness Center Rules (Approved for a 6-month trial period)
Locker Room Rules
Membership Card Issuance Ages
Guest Fee Change
Architectural Guidelines
Vehicle Rules
Neighbor-to-Neighbor Dispute Resolution Policy (new)
Fitness Center Rules:
Old rule: “Use of the Fitness Center is restricted to those persons 18 years of age and older. Those members 14-17 years of age may use the Fitness Center only if they are accompanied and supervised by their parent or legal guardian”.
New rule: “Use of the Fitness Center is restricted to those persons 16 years of age and older. 16 and 17 year olds must have a waiver on file signed by a parent or legal guardian. Those members 14-15 years of age may use the Fitness Center only if they are accompanied and supervised by a responsible adult”.
Locker Room Rules:
New rule: “The locker room is available to adults 18 and older. Those younger than 18 must be accompanied by a parent or legal guardian”.
Proposed rule: “The locker room is available to adults 16 and older. Those younger than 16 must be accompanied by a responsible adult”.
Membership Card Issuance Ages:
Formerly, residents get their first card (yellow) at age 7, a new card at age 16 (green), and another at age 21 (blue).
With this revision, residents get their green membership card at age 12 (instead of 16), and a blue card at age 18 (instead of 21).
Guest Fee Change:
The Board approved a 50% discount on daily guest fees, guest punch cards, house guest cards, seasonal guest passes, and student guest passes when purchased by residents over the age of 62 for their guests. There would be no discount for outdoor parties or July 4th guest fees.
pproved Senior Pricing:
Daily Guest Fee ($2.00)
Guest Punch Cards (12-punch for $18.00 or 24-punch for $34.00)
House Guest Card ($10.00 weekly)
Seasonal Guest ($20.00 per child for 10 weeks)
Student Guests ($30.00 per semester)
Architectural Guidelines:
The following is an addition to the Architectural Guidelines. This is more of a clarification since the current Guidelines are vague on these issues.
2.7 General
K. All improvements must be limited to your property. It is the homeowner’s responsibility to take into consideration the property lines and any easements between two residences and how these will be affected by the improvements. The Architectural Committee is not responsible for determining easements when reviewing architectural submittals except when they apply to access easements granted by Lake Forest II. It is the homeowner’s responsibility to determine exact lot lines and easements and to restrict all improvements accordingly.
3.10 Existing Driveways
No paints are currently approved as driveway finishes. Concrete stains will be considered on a case-by-case basis. Stains must be the color of the sidewalk (standard concrete color) or darker. A manufacturer’s brochure or specifications for product must be included with the MAC application.
Vehicle Rules:
Please see attached revisions.
Neighbor-to-Neighbor Dispute Resolution Policy (New):
This “Neighbor-to-Neighbor Dispute Resolution Policy” establishes a prerequisite to the involvement of the Lake Forest II Master Homeowners Association (“Association”) in certain, limited “Neighbor-to-Neighbor Disputes.” Nothing herein is intended to be construed as an attempt to relieve the Association or the Board of Directors (“Board”) from any of its duties under the Association’s Governing Documents. This Policy has been adopted pursuant to the Board’s rule-making powers set forth in Civil Code § 4355.
DEFINITIONS
1. “Neighbor-to-Neighbor Dispute” shall mean a dispute or complaint lodged by one Resident or Owner against another Resident or Owner which, in the Board’s sole discretion, does not impact the Association or its membership more broadly.
2. “ADR” shall mean Alternative Dispute Resolution; specifically, mediation or arbitration as defined in Civil Code § 5925.
3. “Written Certification” shall mean a letter signed by the disputing parties, certifying that (a) one party requested the other party to submit the dispute to ADR, and (b) either ADR was completed or the other party refused to submit the dispute to ADR.
POLICY TERMS
1. When a dispute or complaint is brought to the Board regarding interpretation of rights under, or enforcement of, the Governing Documents, the Board shall, at its next scheduled meeting, discuss the complaint or dispute and make a reasonable business judgment decision as to whether or not it constitutes a Neighbor-to-Neighbor Dispute. That decision will be based upon the Board’s evaluation of the particular facts and circumstances surrounding the dispute and the affected parties. The Board may consult with the Association’s legal counsel in making its decision.
2. If the Board finds that the complaint or dispute constitutes a Neighbor-to-Neighbor Dispute, it shall notify the complaining/disputing party or parties of its decision.
3. The parties to the Neighbor-to-Neighbor Dispute shall then be required to use their best efforts to submit their dispute to ADR prior to seeking Association involvement in resolving the dispute. For ADR, this may be accomplished by the complaining party serving the other (responding) party or parties with a “Request for Resolution” in accordance with Civil Code § 5935.
4. Upon receiving written certification evidencing that the parties first attempted to resolve the Neighbor-to-Neighbor Dispute through ADR, the Board shall determine: (a) whether a violation of the Governing Documents exists which requires Association action, (b) whether Association enforcement is required under the particular circumstances and, if so, (c) the action to be taken by the Association in accordance with the Association’s enforcement policies and procedures.
THIS POLICY SHALL BE INAPPLICABLE TO ANY COMPLAINTS OTHER THAN NEIGHBOR-TO-NEIGHBOR DISPUTES.