Post by Admin on Jul 24, 2014 9:32:25 GMT -5
Is there a rule cited on the current second round of Violations Letters being handwritten addressed to owners? If so, was it this one?
Here is the recorded version history of the Garbage Stumps:
The first Rule was the DEVELOPER's Rule, adopted Jan 14, 1977 and recorded in 1983.
Garbage stumps:
4-13 The garbage receptacles furnished as a part of the original equipment of the campsites are the only ones permitted. They sH all be painted only natural-appearing shades of brown.There is no doubt that the Developer intended to convey the garbage stumps TO THE ASSOCIATION "as part of the original lot equipment". As such, garbage receptacles are limited common property. This rule also provides that (whoever paints) will maintain the original color--"natural-appearing shades of brown".
Rarely are owners permitted to perform maintenance to Association common property; it could be a premises liability to the Association if an owner is injured. (An example would be assigned parking spaces--as in condos--which is limited common property. Owners would never be asked to replace or paint concrete bumper curbs, re-paint road stripes or repair asphalt etc.) The reasonable interpretation of the Developer's Rule is that the Association will maintain the equipment which it owns. Clearly, the stumps are not privately-owned property and the Association's interest is in keeping them all painted in the same general color and in good condition).
Added Sept 16, 1978 4-13
Added the sentence to the above: "
A very poorly-written rule that does nothing to clarify anything.
4-13 provision replaced June 10, 1983 with "4-13 No boat docks or over water structures.
(Note: SLohA never recorded the Developer's original 1977 Rules until it desired to update in 1983. That's why the original and amended Rules were simultaneously recorded.)
Jun 10, 1983 Added 4-14
(ADDED ..." located on the common area adjacent to each lot... Color of garbage receptacles must be the same as original color.)
Another poorly-written rule as it does not specifically state the original color. What was the original color? Paint fades and can be several shades different/lighter than the original color. There is not enough information given here for anyone to comply.
Aug 19 1992 4-14 disappears and is renumbered to 4-6D
This rule change adds nothing to the conversation and further complicates the issue. By not specifically identifying the approved color and by failing to describe the character of the "Approver"; stating that "some unnamed person/entity" has the authority to approve the color of the stump, the provision is more problematic than before. Additionally, the provision fails to state who has the responsibility to perform maintenance on Association property.
1994 No change
1995 No change
Apr 29 1996 New Rule!
Finally, a Rule that is better written!
The Rule defines the "approved color" but it only implies that owners have an obligation to paint their stumps. The only thing this rule provides is possible expense to owners if the stumps are not maintained in good condition.
This also is blatantly unfair to the 75% of owners who are not on the property and unable to comply with a 14-day "deadline" after getting snail mail. The Manager thoughtfully solves this problem by offering an outrageously inflated amount to paint the stump. (It's the "managers" pattern to yank owners around right after they leave the park for the summer, sending out hundreds of expensive "Violation' letters.)
The fundamental problem is that the Declaration does not give the Association the authority to individually charge owners for maintaining the Association's common property. In my opinion, this Rule attempts to impose a restriction not permitted under the authority of the CC&R. The Association owns the garbage receptacle and should be reasonably responsible for maintaining the equipment and including that expense in the budget or putting it to an informed vote of the owners. Owners really have no business messing around with Association common property in the first place, nor should this elderly population be diverting its attention from enjoying the "resort lifestyle" with such a mundane chore as painting property owned by SLohA.
1997 Removed the reference to Glidden Rich Earth- 8000 paint
1998 Rule 4-6D Disappears from the record. The last Regulation 4 rule is 4-5A. The pagination goes from page 8 to page 10 so apparently 2 pages were not recorded. No more stump rule.
1999 Rule 4-6D returns same as 1997
2003 No change
2006 No change
Apr 2008
Wording change from ...are the only ones permitted.. to...are the only ones required...
A change is actually recorded in the Minutes of the 2008 Annual Meeting. But...why?
2014 No Change
WHERE'S the BEEF?
An owner can submit an Official Records request to get 3 documents to validate the rule change in 1996--the first appearance of the implied obligation that owners maintain Association-owned stumps:
1- The Ballot setting forth the language of the proposed new/amended rule
2- The Certificate of the Election Committee certifiying the results of the Membership Ballot Vote
3- The Minutes of the Annual Meeting where the Vote of the Membership was entered into the Official Business Record of SLohA.
If any of these three items cannot be produced, the Rule is not valid from the get-go.
As an aside, someone mentioned that there had been a LOT of debate over several past years arguing about paint on the stumps and that the 1996 rule was probably made up by the Board. NO! Our Bylaws provide that ALL RULES must be ratified by an affirmative vote of at least 50% of the entire membership. The BOD may adopt internal resolutions and standard operating procedures to enhance administrative operations, but it is unlawful for it to "make rules" that limit or in any way impact owners' property rights.
A responsible BOD would have not spent upwards of $4000 on letters and postal costs haranguing owners about the stumps and would have placed this on the upcoming ballot--do owners want to paint their own stumps or do owners prefer to pay an extra $1 per quarter for the Association to maintain the stump paint/replace lids/replace stumps/replace metal cans/stump tie downs etc?
Also, the numbers on the stump lids are woefully insufficient as identifiers for emergency personnel responding to a call and this should be looked at by responsible and responsive leadership. This will be even more pronounced once people start spray painting their cans and lids; the numbers will inevitably be obscured by paintover. This management is just looking for fee opportunities; it seems to forget that this is an elderly population with special needs, fixed incomes and physical limitations.
GARBAGE STUMPS
4-6D) Garbage stumps, furnished as original lot equipment, are the only ones required and sH all be maintained in the approved color. If the stumps are not maintained in good condition, owners will be given a written notice to paint their stumps within 14 days. After that time, the manager may cause the stumps to be painted at the owners' expense.
4-6D) Garbage stumps, furnished as original lot equipment, are the only ones required and sH all be maintained in the approved color. If the stumps are not maintained in good condition, owners will be given a written notice to paint their stumps within 14 days. After that time, the manager may cause the stumps to be painted at the owners' expense.
The first Rule was the DEVELOPER's Rule, adopted Jan 14, 1977 and recorded in 1983.
Garbage stumps:
4-13 The garbage receptacles furnished as a part of the original equipment of the campsites are the only ones permitted. They sH all be painted only natural-appearing shades of brown.
Rarely are owners permitted to perform maintenance to Association common property; it could be a premises liability to the Association if an owner is injured. (An example would be assigned parking spaces--as in condos--which is limited common property. Owners would never be asked to replace or paint concrete bumper curbs, re-paint road stripes or repair asphalt etc.) The reasonable interpretation of the Developer's Rule is that the Association will maintain the equipment which it owns. Clearly, the stumps are not privately-owned property and the Association's interest is in keeping them all painted in the same general color and in good condition).
Added Sept 16, 1978 4-13
Added the sentence to the above: "
4-13 "Color of garbage receptacles must be about same as original color."
4-13 provision replaced June 10, 1983 with "4-13 No boat docks or over water structures.
(Note: SLohA never recorded the Developer's original 1977 Rules until it desired to update in 1983. That's why the original and amended Rules were simultaneously recorded.)
Jun 10, 1983 Added 4-14
4-14 The garbage receptacles furnished as a part of the original equipment located on the common area adjacent to each lot are the only ones permitted. Color of garbage receptacles must be the same as original color.
Another poorly-written rule as it does not specifically state the original color. What was the original color? Paint fades and can be several shades different/lighter than the original color. There is not enough information given here for anyone to comply.
Aug 19 1992 4-14 disappears and is renumbered to 4-6D
Garbage receptacles, furnished as original lot equipment, are the only ones permitted, and sH all be maintained in the approved color.
1994 No change
1995 No change
Apr 29 1996 New Rule!
Finally, a Rule that is better written!
GARBAGE AND ELECTRICAL STUMPS
4-6D) Garbage Receptacles and Electrical Stumps, furnished as original lot equipment, are the only ones permitted, and sH all be maintained in the approved color. (Glidden - Rich Earth 8000) If the stumps are not maintained in good condition, owners will be given a written notice to paint their stumps within 14 days. After that time, the manager may cause the stumps to be painted at the owners' expense.
4-6D) Garbage Receptacles and Electrical Stumps, furnished as original lot equipment, are the only ones permitted, and sH all be maintained in the approved color. (Glidden - Rich Earth 8000) If the stumps are not maintained in good condition, owners will be given a written notice to paint their stumps within 14 days. After that time, the manager may cause the stumps to be painted at the owners' expense.
The Rule defines the "approved color" but it only implies that owners have an obligation to paint their stumps. The only thing this rule provides is possible expense to owners if the stumps are not maintained in good condition.
This also is blatantly unfair to the 75% of owners who are not on the property and unable to comply with a 14-day "deadline" after getting snail mail. The Manager thoughtfully solves this problem by offering an outrageously inflated amount to paint the stump. (It's the "managers" pattern to yank owners around right after they leave the park for the summer, sending out hundreds of expensive "Violation' letters.)
The fundamental problem is that the Declaration does not give the Association the authority to individually charge owners for maintaining the Association's common property. In my opinion, this Rule attempts to impose a restriction not permitted under the authority of the CC&R. The Association owns the garbage receptacle and should be reasonably responsible for maintaining the equipment and including that expense in the budget or putting it to an informed vote of the owners. Owners really have no business messing around with Association common property in the first place, nor should this elderly population be diverting its attention from enjoying the "resort lifestyle" with such a mundane chore as painting property owned by SLohA.
1997 Removed the reference to Glidden Rich Earth- 8000 paint
1998 Rule 4-6D Disappears from the record. The last Regulation 4 rule is 4-5A. The pagination goes from page 8 to page 10 so apparently 2 pages were not recorded. No more stump rule.
1999 Rule 4-6D returns same as 1997
2003 No change
2006 No change
Apr 2008
Wording change from ...are the only ones permitted.. to...are the only ones required...
A change is actually recorded in the Minutes of the 2008 Annual Meeting. But...why?
2014 No Change
WHERE'S the BEEF?
An owner can submit an Official Records request to get 3 documents to validate the rule change in 1996--the first appearance of the implied obligation that owners maintain Association-owned stumps:
1- The Ballot setting forth the language of the proposed new/amended rule
2- The Certificate of the Election Committee certifiying the results of the Membership Ballot Vote
3- The Minutes of the Annual Meeting where the Vote of the Membership was entered into the Official Business Record of SLohA.
If any of these three items cannot be produced, the Rule is not valid from the get-go.
As an aside, someone mentioned that there had been a LOT of debate over several past years arguing about paint on the stumps and that the 1996 rule was probably made up by the Board. NO! Our Bylaws provide that ALL RULES must be ratified by an affirmative vote of at least 50% of the entire membership. The BOD may adopt internal resolutions and standard operating procedures to enhance administrative operations, but it is unlawful for it to "make rules" that limit or in any way impact owners' property rights.
A responsible BOD would have not spent upwards of $4000 on letters and postal costs haranguing owners about the stumps and would have placed this on the upcoming ballot--do owners want to paint their own stumps or do owners prefer to pay an extra $1 per quarter for the Association to maintain the stump paint/replace lids/replace stumps/replace metal cans/stump tie downs etc?
Also, the numbers on the stump lids are woefully insufficient as identifiers for emergency personnel responding to a call and this should be looked at by responsible and responsive leadership. This will be even more pronounced once people start spray painting their cans and lids; the numbers will inevitably be obscured by paintover. This management is just looking for fee opportunities; it seems to forget that this is an elderly population with special needs, fixed incomes and physical limitations.