Further Thoughts on Amended/Restated CC&Rs

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I'm undecided on how to vote on the CC&Rs and have shared most concerns with the board. Perhaps further information from them will help me decide one way or the other. While I generally like the revised maintenance provisions, I have a few questions regarding the impact they might have. And there are other provisions besides maintenance that I don't support.

One additional thought that has occurred to me is whether there is any foreseen cost impact that homeowners should consider in making a decision. As an example, when you think about California ballot propositions we're asked to vote on, any that could have a financial impact usually contain information from the legislative analyst regarding the anticipated fiscal impact. I'm not sure if that's the case here, but I wonder whether shifting the maintenance responsibilities has an impact on our operating budget or reserves, and whether analysis in any form, even rough, has been perfomed. That would be helpful information in understanding the impact of my "yes" or "no" vote.

Anyway, you have additional opportunity to address the board and/or hear what other homeowners might have to say in the open forum of the upcoming board meeting, Tuesday, March 18th at 7PM sharp.

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Proposed Amendment and Restating of CC&Rs

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Today most homeowners received a big packet in the mailbox. It contains a proposal to amend & restate our CC&Rs to address several key issues that have arisen in the almost 30 years our association has been in existence (yes, we were incorporated in June of 1978!).

I believe most homeowners will agree that our CC&Rs were outdated. They were written in the early days of community-association living in California and didn't benefit from the lessons other communities learned over time. Homeowners have tried to modify the documents in the past several years, but by actually getting a proposal mailed out to homeowners for a secret ballot vote, this board has made it farther than any other group in the past, and for that they are to be commended.

If you're a homeowner, I suggest we go to the homeowner-only section of the website to hear your comments.

UPDATE 3/9/08 7:45 AM. Please be sure to read Julian's comment below, including the link to more info and an electronic copy of the CC&Rs on the Seabridge website.

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Some Thoughts on Sharing Your Two Cents

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Many of us have opinions on decisions being made by the board on behalf of our community. I'd venture to say many of us have far more than two cents worth (or as the British originally said, a tuppence worth). So, here are my two cents on what you might do with yours.

First, put your thoughts or concerns in writing. Give it a day or two, read it again, and see if you still feel the same way. Consider running it by someone else for additional ideas and grammar review. Then, send it to the board AND property manager and ask them to consider your points and respond. A well-written and considered letter or e-mail is often appreciated by the board members.

Your convictions are further underscored when you then attend the next board meeting to follow-up in person. Each board meeting has an open homeowner forum at the beginning. Your points can be made way more effectively when you've already given the board a chance to think about them. In addition, you have a public session in which other homeowners can hear your position on issues. Advance communication may even prompt the board to put your issue on the agenda.

So, if there's something you your mind, you have an excellent opportunity in that the next board meeting is Tuesday, December 18th at 7PM in the clubhouse.

One last thought - different board members have different approaches to receiving homeowner input, but when I was on the board, I never much cared for hearing concerns that were brought to my attention in person outside a meeting. Certainly, stopping a board member is a lot easier than contacting the management company, but remember too that these are our neighbors with private lives to lead. At a minimum, consider contacting them first to see if they are willing to talk to you outside a board meeting and consider making an appointment. But do continue to share your two cents, as you are probably voicing what a lot of other people are thinking.

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Communication - A Two-Way Street

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I've had several conversations with people lately regarding changes to our gated entry system and proposed revisions to the CC&Rs. The upshot of all of those conversations is that there is a lot of confusion. So I thought I'd share a few of my thoughts regarding communication. I'd be interested in what you all think.

Of all the things we do as an association, communication is one of the most critical. Proper communication can make a difficult task easier - just as lack of communication can torpedo a project, possibly for the wrong reasons.

As I said in the title, communication is a two-way street. In the one direction, we have the board of directions/association management. There may sometimes be a temptation to limit communication there, for the more people know, the more varied opinions get expressed. Homeowners who show up once for the "issue of the day" have no idea about the background of the matter, and that takes a lot of the board's time away from other pressing matters.

But sooner or later, the homeowners will speak up, so I believe it's important to communicate to them up front and often. It's a lot easier to defend an action when you can cite a trail of communication. Most homeowners still have little understanding of the entry gate system replacement, including the justification for doing so, the current status of the project, and how residents can grant access to guests. The board may feel that it has communicated this adequately, but that perception is not shared equally. It's time for an update.

I have witnessed a conscious effort from the board to inform homeowners. I received a flyer via US mail regarding the special meeting of the board to discuss proposed CC&R changes. I also was informed via e-mail when the date of the regular November meeting of the board needed to be changed. These are very positive actions, and we can only benefit further through more of them - a beefed-up e-mail notification list, regularly updated website, revived newsletter, and additional mailings would all help in this regard. Homeowners shouldn't be able to cite lack of notification as an excuse.

And on that note, the other direction of our two-way street involves the duties of the homeowners. We homeowners have a responsibility to remain aware - and to attend meetings if we are not getting communication in other ways. The board should provide multiple opportunities for participation on major issues, but should not have to accommodate the homeowner who waits until the 11th hour to object. If you have feedback, make sure the board knows it. A brief but well-written letter or e-mail to the board and management can go a long way. Many times, the input is very much appreciated by the board, who are volunteers and have busy lives like the rest of us. The more information they have available to them in a timely manner, the better decisions they can make on behalf of us all.

What do you think we can all do to improve communication here? Seabridge Journal is intended to be a piece of the solution, but it cannot stand alone. We also benefit from proactive, repeated communication from the board, and from consistent homeowner participation. I'm looking forward to your ideas in comments below.

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A Cardinal Idea

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Backseat Drivers

When I was learning to drive, my dad was the worst person to have riding along with me. It wasn't that he was a bad driver - rather, he was a very good driver but quite picky. I recall one of his gripes in particular was that I wouldn't start braking soon enough. I didn't see what the problem was - I knew that we were going to be able to stop in time. Fast forward 20 years, when I recently had a teenager driving me around in my own car, and I got a good feel for how it felt to wonder if you were going to plow into the car in front!

Now as I'm driving, I'm continually reminded of all the habits and techniques I learned from my father, and I really appreciate what he shared with me. I think I'm a better driver for them. That doesn't mean that he knew everything, or that he never got a speeding ticket himself (though I don't think he ever did). I may have even gone on to become a better driver than he was for all I know. But I do know that his guidance helped keep me from learning a lot of things the hard way.

I am reminded of my teenage driving when I think of our board of directors. No one likes a back seat driver. We've all at one time or another gone into something thinking we know everything we need, and oftentimes suggestions come across as criticism and lack of confidence in the driver. It's not easy to stomach - and it's not always right. But there's something to be said to listening to what others who have gone through it have to say. It may just be important in preventing a collision or getting pulled over for an infraction of the law.

I remember thinking many times, "Fine, if you can drive better, I'll pull over and let you take the wheel!" And we similarly need to remember that our board members are all volunteers who have taken on a responsibility that few others were willing to do. Having them behind the wheel lets us nap during the drive or frees us up to watch the scenery pass by - and for that we owe them a debt of gratitude. But community service, like driving, is a privilege and carries responsibilities, among which is the duty to understand the rules of the road. And if someone has driven down a road before and returned to say that the road is washed out, then it's worth considering whether it's a good idea to take the car down it, even though the driver has every right to do so.

On Rewriting Our CC&Rs

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Seeing the Forest for the Trees

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"The Association"

When I served on the board a few years back, most homeowners invariably referred to the management company, or occasionally the board of directors, when they spoke of "The Association". "The Association sent me a violation letter", "The Association needs to fix my leak", "The Association just raised our dues".

What many homeowners don't understand is that WE are "The Association". That's right - the Seabridge Homeowners Association is a non-profit California Corporation with 132 members corresponding to the 132 units in our Common Interest Development (CID). We elect a Board of Directors to direct the affairs of the association, and the Board of Directorshires a Management Company to manage the day-to-day operations that the association is responsible for.

I like to think of these three entities as forming a triangle, and life in our Seabridge Community works well when all 3 are in balance. If the management company is weak, we don't get good advice or prompt attention to maintenance issues. If the board is weak, we don't get sound decisions that take the current and future needs of our whole community into account.

But lately, it seems that the homeowners are the weak leg of our triangle. We need to provide input to the board of directors in making decisions, observe the decision-making process, and respect the authority they were entrusted with. We also need to have a better understanding of what's going on in meetings, and what our rights and responsibilities are. I hope this blog can help in both regards. Whether you knew what you were getting into or not, you chose to live in a common interest development, and now have some responsibilities if you care about how your home is maintained and your assessments are spent.

As a start, I suggest the following:

• Get a basic understanding of how Common Interest Developments work in California
• Request meeting agendas in advance; then attend regular board meetings
• Request homeowner association minutes
• READ the information sent to you. There's usually a time window wherein your input can make a difference
• Make sure you have a copy of our CC&Rs (Covenants, Codes and Restrictions). It documents the responsibilities of the Seabridge HOA - and the Association isn't responsible for everything.

It's not as bad as it looks. And you're not in it alone. Post comments to this blog, for example, if you have questions.

Don't wait until a decision is made to complain! It is the responsibility of every homeowner with concerns to know what will be discussed in a board meeting and to let the directors know your thoughts before a decision is made. You'd be surprised - they might listen to a compelling argument. The squeaky wheel may occasionally get some grease, but it's not going to contribute to the overall health and well-being of our association. And after all, WE homeowners are the association.