Michael Bird (chair)
Please contact the Property Management Company to be added to this committee.
- Assist the board in interpreting and understanding the Covenants, Conditions, and Restrictions (CC&Rs), amendments thereto, and the Rules and Regulations (R&Rs) of the association.
- Respond in writing to any rule related quests forwarded to the committee by the board or management one week prior to each monthly meeting.
- Provide guidance to the board on whether architectural requests (including window replacements) are in compliance with all relevant governing declarations and rules.
- Assist the board in modernization of the CC&Rs and R&Rs. Generate language for new R&Rs or amended CC&Rs and submit them to the board to review. Respond promptly to requests for edits from the board or association legal counsel.
- Create specific rules regarding types and locations of permitted air conditioning units.
- Create specific rules governing the installation and use of dishwashers and laundry washers/dryers within units.
- Review the existing rules regarding pets at the association and make recommendations to the board on how they might be adjusted.
- Review the rules regarding granting of additional parking spaces and make recommendations for new language governing requirements to join and remain on the waitlist.
- Stay aware of the greater legal environment to ensure, with assistance of association legal counsel if and only if approved in each instance by the board, that new Rules, Regulations, Rulings, or any other documents or decisions are in compliance with all relevant state, local, and national laws.
The committee meets _____ a month at the clubhouse office on____.
RULES, REGULATIONS, AND GOVERNANCE COMMITTEE CHARTER
The Board may establish a rules, regulations, and governance (RR&G) committee to assist the Board in creating and updating declarations, CC&Rs, R&Rs and other governing documents, and in the interpretation of said documents. The Committee shall conduct its business in the best interest of the Association and in accordance with the Charter, the Association’s Articles of Incorporation, Covenants Conditions and Regulations (CC&Rs), and Bylaws.
The RR&G committee shall consist of no more than 5 members, formed as follows:
- The Board shall appoint the Chair of the committee and its committee members after soliciting interest from homeowners. The committee can also recommend homeowners to the Board for appointment.
- Members appointed to the committee by the Board shall be members who are in good standing with the Association.
- Committee members appointed may be members of the Board of Directors and/or any other Association Committee.
- Members shall serve for a one-year term, effective on the date of the appointment of the Chair.
- Committee members can be re-appointed following the one-year term.
· Receive from the board and management, at sole discretion of the board, anonymized copies of architectural requests as well as questions related to permitted and forbidden behaviors and conditions under established declarations and R&Rs.
o Respond in writing at least one week prior to each monthly meeting with recommendations to the board on appropriate interpretation of governing documents relating to each item, with appropriate reference to specific sections of the CC&Rs, amendments thereto, R&Rs, or any other declaration of the Association
· At the direction of the board, assist in the drafting of language for amendments to or replacement of any Association declarations or other governing documents.
· Upon preparation of changes or any new language by the committee, the board may elect to have new language reviewed by legal counsel to the Association prior to voting by the board or membership. In the event that counsel returns with suggestions or concerns the committee shall be responsible for promptly providing adjusted suggestions to the board base on advice of counsel. The committee shall never directly solicit advice from Association counsel or in any other way communicate with Association counsel except as expressly permitted by a majority of a quorum of the board. This language is intended to constrain only the activities of the committee in its official capacity and shall not be viewed to constrain any rights any member may or may not have in their individual capacity.
· The committee is not intended to replace legal counsel, or to have specific legal knowledge. However, committee members should endeavor to make use of best available public resources (e.g. https://davis-stirling.com/ or equivalent) to ensure that any proposed actions, amendments, language, or other governance related action is not grossly and clearly in violation of Federal, State, or Local laws.
· The committee shall meet as often as it deems necessary to carry out the obligations imposed upon it, unless directed by the Board.
· The Board may remove a member of the Committee, in writing, with or without cause.
· The Committee may vote to recommend removal of its Chairperson or any Committee Member to the Board with cause. Vacancies created by either of the above or for any other reason shall be filled by appointment by the Board