Rules change notice

Started by JillS8 • 10 replies • 802 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JillS8 (California)
Posts: 101

Posted:

California law has a requirement that says when rules are changed the board must include " the purpose and effect of the proposed rule change." Should we include a cost and the probability that our dues will increase? Example - hiring a parking patrol at minimum $10,000 per year.
Is this a blanket statement for all rule changes or for each change?

SheliaH (Indiana)
Posts: 6,964

Posted:

Kerry will probably chime in on this because she's from California, but I would think you would only mention cost of you know for certain there will be an impact.

In this case, I don't see how hiring a security patrol will affect rules per se. You haven't changed them, but will have a specie way to enforce them. That said, it is a good idea to mention the cost - this way people will understand enforcement does require resources. Having a parking patrol can make enforcement more consistent and less vulnerable to accusations of selective enforcement.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Kinda confusing, JillS. Your example only is about increasing staff, not making a rule change.

Oh, wait, and not looking back at your previous posts, isn't this a change in staffing that you oppose? and that you're trying to avert?

Remind us: Are you on the board?

JillS8 (California)
Posts: 101

Posted:

I am board member. Rule will be to add parking restrictions on street. Rule had been on paper for years never enforced because it’s not a problem. There have never been no parking signs ect.
Some board wants to add rule and start to enforce. Get signs and hire a parking patrol but that’s a cost of $10,000 a year. I think we add that info to the explanation letter that needs to go out with rules change.

MarkW18
Posts: 1,290

Posted:

Before creating a "rules" and sending to homeowners, I would really make sure all the little duckies are in a row.

NpS (Pennsylvania)
Posts: 4,216

Posted:

What is the cost per unit per month?

Sikubali jukumu. Read all posts at your own risk.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By JillS8 on 07/12/2019 1:39 PM
California law has a requirement that says when rules are changed the board must include " the purpose and effect of the proposed rule change." Should we include a cost and the probability that our dues will increase? Example - hiring a parking patrol at minimum $10,000 per year.
Is this a blanket statement for all rule changes or for each change?

Does the requirement refer to "rules" in a generic sense, or "rules" as distinct from "restrictions" in the governing documents?

KerryL1 (California)
Posts: 14,550

Posted:

The State requirement is that proposed new or (changed rules) must be deliberated by the board. If the board approves the proposed rule, a letter is set to all owners explaining why the rule is needed as and asks for Owners 28-day feedback in writing or to be expressed at the next open board meeting's open forum. At the next meeting, the board takes th comments into account and votes to add the rule.

In this case, it seems the board needs to vote to send a proposed rule change or "clarification" saying that although existing rule has not been enforced, the board now will begin enforcement because xxx. Violations of the rule will result in a call to hearing and a possible $xxx fine. Fines will double upon each offense.

Hiring a patrol is a completely separate issue and must be an entirely different open meeting agenda item and vote.

So, the way it seems is that there would be two separate agenda items. The rule that henceforth parking, etc., etc., can stand alone whether or not your board votes for a patrol.

Meantime, remind us, are these streets private?

JillS8 (California)
Posts: 101

Posted:

Thanks for the clarification. The rules were reviewed by attorney but they gave a generic answer and said we need a letter to explain. Going to be hard to explain that a couple of board members don’t want cars parked in front of their homes and want to hire parking patrol. The bids are about $10,000 a year for a patrol. The parking restriction is only from 2:00 am until 5:00 am. Lots of money for a non problem. Also our reserves are at 98%.

JillS8 (California)
Posts: 101

Posted:

Private streets

KerryL1 (California)
Posts: 14,550

Posted:

"Letter to explain" what, Jill? Is your attorney actually saying the hiring of a patrol must be a part of the rule change (or enforcement or clarification) 28-day notice to owners about the proposed change?

When your board makes motions on these, one will be the proposed rule enforcement of the 2-5am no street parking rule to discourage overnight camping or whatever this board members want to use as justification. signs will say xxx. Violators will be towed. There'll be something about the fine or penalty for breaking this rule.

There will be a second motion to hire a parking patrol to--do what? Report violators? To whom would they report them? Or would the patrol call a towing company? I do not know why this, discussed thoroughly at an open meeting, would need to go out with the rule change proposal for a 28-day comment period.

Your 98% funding of your reserves is great! But why did you write it? Paying for the patrol would come out of your operating budget, not reserves. as oemone else wrote, how much would it cost each home for this $10k/ann.?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here