Document Restatement Project

July 22, 2019 Document Restatement update available here.

ERLS 2019 Document Restatement Project –
Updated 7/1/19
Committee Members: Sue Hibbs, Max Curtis, Nancy Berchem (Chair)
Scope of Project:
To work with the Board of Directors and our assigned Adams-Stirling attorney in restating the governing documents for El Rancho Loma Serena Homeowners Association, communicating with the membership throughout the process, and taking into consideration any and all recommendations for improvement.
Project Update:
The first informational meeting for the membership was held on February 24, 2019 at the Ranch House. A discussion was held to provide the membership with an overall idea of what we are looking to accomplish with these revisions as well as to gather information from the membership on what changes they believe should be included. An opportunity to submit information was also afforded through the website. The deadline for this feedback was March 24, 2019.

Your Document Restatement Committee is actively working with our Adams-Stirling attorney to revise, restate and develop all documents required by law.

The committee has met seven (7) times for a total of 25 hours for just meetings. Numerous additional hours by each committee member have been spent researching, communicating, typing and revising.
Next Steps:
The first week of July the Membership will receive the following three (3) documents in the mail:

  • (New) Complaint & Violation Procedure,
  • (Updated) Rules & Regulations and
  • (New) Election Rules.

The Membership will have 30 days to review and comment on all three (3) documents. At the end of the review period, these three (3) documents will be adopted by the Board only, as revised.

The next Town Hall Meeting will be held on Saturday, July 20, 2019 at 10:30 am at the Ranch House, immediately following the regular meeting scheduled for 9 am. It should be noted that this Town Hall Meeting is scheduled during
the 30-day review period.
The Membership is encouraged to make suggestions and/or comments using the Proposed Change Form located here. For a paper version that you can download and mail in go here.

The first week of August the membership will receive the following final two (2) documents: (Restated) By-Laws and (Restated) Declaration of Restrictions/CC&Rs, along with a ballot for mail-in voting in order to formally adopt these
documents at the Annual Meeting on September 14, 2019.

Timeline for Process:
Typically, 6 – 9 months to complete process from start to vote and to recording final documents. The goal is to complete the process prior to the annual meeting in September 2019. For a more detailed explanation of the Document Restatement process, term definitions, and other questions, please refer to the Davis Sterling website here.


ERLS 2019 Document Restatement Project – February 24, 2019

Committee Members:  Sue Hibbs, Max Curtis, Nancy Berchem (Chair)

Scope of Project:  

To work with the Board of Directors and our assigned Adams-Stirling attorney in restating the governing documents for El Rancho Loma Serena Homeowners Association, communicating with the membership throughout the process, and taking into consideration any and all recommendations for improvement.

Schedule of Meetings:

#1 Informational Meeting for Membership – Sunday, February 24th 1pm at Ranch House

A discussion will be held to provide the membership with an overall idea of what we are looking to accomplish with this revision as well as to gather information from the membership on what changes they believe should be included if not mentioned in our initial discussion. (Deadline for information feedback is March 24, 2019).

#2 Town Hall – Update Meeting for Membership – Following the Regular Board Meeting on Saturday, July 13th at Ranch House (Tentative)

A discussion will include any updates we have to the process, how everything is looking with the Adams-Stirling attorneys, and when we expect final documents to be ready for voting by the membership.

#3 Town Hall – Final Meeting for Membership – Following the Annual Board Meeting on Saturday, September 14th at Ranch House (Tentative)

Proposed Changes (not all-inclusive):

Declaration of Restrictions & By-Laws: Update these documents to comply with current laws, revise and clarify content, and provide for more user-friendly, easily readable documents. Include references to the new Election Rules and Collection & Fine Policy.

Election Rules: Adopt a separate set of election rules to comply with Davis-Stirling Act (DSA) containing the following:

  • Nomination procedures
  • Director qualifications
  • A method of selecting independent third-parties as inspectors of election
  • Rules for access to association media during campaigns
  • Rules for access to common area meeting space during campaigns
  • Secret balloting procedures
  • Candidate nomination procedures
  • Procedures for uncontested elections, and
  • Recall Election Procedures

These are applicable to the following elections: Election of directors, removal of directors, special assessments, amendments to the DOR’s and By-Laws, and grants of exclusive use of common areas (these rules will also be referenced in the restated DOR’s and By-Laws).

Collection & Fine Policy:  Adopt a new separate collection & fine policy including a timeline to respond on any citation and/or violation notice issued (this will also be referenced in the restated DOR’s and By-Laws).

Committee Responsibilities:

  • Hold informational meeting 2/24/19
  • Complete Questionnaire for A-S attorney
  • Work with the attorney to develop new and/or restated draft documents
  • Communicate with A-S attorney and membership/Board
  • Work with attorney and Board to determine which membership/Board suggestions should be considered for final draft inclusion
  • Continue to keep members apprised of updates via ERLS website and at future Board meetings

A-S Attorney Responsibilities:

  • Prepares initial draft of restated documents
  • Telephone conference with the committee to discuss revisions
  • Prepares and delivers the final draft of restated documents for final board approval
  • Prepares and delivers a ballot, voting instructions, cover letter to the membership, along with the final draft of restated documents, Election Rules, and Standard Collection & Fine Policy
  • Delivers to approved DOR’s to the county recorder’s office for recordation
  • Delivers recorded document to the association for their records

Membership Comments & Suggestions:

Membership is encouraged to make suggestions and/or comments using the Proposed Change Form located here.  For a paper version that you can download and mail in go here. Please ensure all forms are complete and returned no later than Sunday, March 24, 2019.

Timeline for Process:

Typically, 6 – 9 months to complete process from start to vote and to recording final documents. The goal is to complete the process prior to the annual meeting in September 2019.

For a more detailed explanation of the Document Restatement process, term definitions, and other questions, please refer to the Davis Sterling website here.