Document Restatement Project

June 28, 2020 – TIME TO VOTE

Although the Pre-Ballot Notification stated the Ballots for the Document Restatement Committee would go out for delivery on July 1, the Committee made the decision to begin delivery early to allow Members more time to review and place your vote. Please read the directions in your packet carefully and place your vote accordingly before the deadline. There are also incentives for voting that are outlined in the cover letter. The Committee and Board are looking forward to a successful conclusion to this project and appreciate everyone’s support!

May 27, 2020 – General Notification of the Required REVISED Pre-Ballot Notice for Voting in the Proposed CC&Rs & Bylaws plus Voting Incentives

Pursuant to Civil Code §5115(b), the Board is required to provide Members with general notice at least 30 days before the distribution of ballots for the restatement of your CC&Rs and Bylaws to inform you of the date, time, and location to mail or hand deliver your ballot to the Inspector of Elections and the date, time, and location of the ballot counting meeting.

In addition, to provide you with an incentive to vote, the Committee Members have put together a list of prizes for a drawing to be held at the end of the ballot counting meeting. These prizes will be finalized in the coming weeks and further outlined in a letter accompanying your ballot. 

The required Pre-Ballot Notification letter is posted below for your review. Ballots are scheduled to go out for delivery on or before July 1, 2020.

Revised Pre-Ballot Notice for Document Restatement & Voting Incentives dated 5/27/2020

May 2, 2020 – General Notification of the Newly Adopted Election Rules

Pursuant to Civil Code §§4045 and 4360(c), the Board is required to provide Members with general notice within 15 days of making a rule change. At the Special Board Meeting on 5/2/2020, the Board formally adopted the draft Election Rules that were posted here for a 28-day comment period which ended on April 27, 2020. You may obtain a copy of the new Election Rules via the link below:

Election Rules of El Rancho Loma Serena Homeowners Association – Adopted May 2, 2020

May 2, 2020 – NEW Update to Your Document Restatement Project

A new update on the Document Restatement Project was provided at the May 2nd Special Board Meeting. In light of all the current circumstances surrounding the adoption of the Election Rules and to be compliant with the new laws, the election/voting dates for the CC&Rs & Bylaws had to be revised as follows…

5/27/2020     Revised 30-day Pre-ballot Notification for CC&Rs & Bylaws to be sent via general notice. (COMPLETE)

7/1/2020 or before       CC&Rs & Bylaws to be sent to Membership w/ballot materials and Incentives to Vote. (IN PROGRESS)

7/31/2020     Deadline to vote for the restated CC&R’s & Bylaws is 5:00pm.

8/2/2020       Restatement Ballot Counting Meeting – 1:00pm at the Ranch House.

In addition, the Committee will be working on finalizing the Rules & Regulations, Complaint & Violation Procedure and Fine Policy and, as of now, the plan is to send those out to the Membership for a 28-day review in early August with adoption by the Board at the 2020 Annual Meeting.

Providing we have no other setbacks or changes in the law between now and then, these dates should be fairly accurate. Please continue to check back on this page for new updates.

March 31, 2020 – General Notification of Proposed Election Rules and Update on Your Document Restatement Project

After a long 16 months of working on your behalf, the Document Restatement Committee is pleased to report that your Document Restatement is almost complete. The first step in finalizing the documents is to adopt new Election Rules that have been changed to incorporate all the new laws that went into effect January 1, 2020.

General notice is hereby given pursuant to Civil Code §4360. Please read the 28-Day review letter and Draft Election Rules below. These are scheduled to be adopted by the Board at a Special Board Meeting on May 2, 2020.

28- Day Review Letter for Proposed Election Rules

Proposed Draft Election Rules

The next step will be the required Pre-Ballot Notification (to be sent at least 30-days before the distribution of ballots) for voting in the restated CC&Rs and Bylaws. A revised Pre-Ballot Notification will be posted here at the end of May 2020.

The Committee would like to thank all those Members who helped in providing their valuable input and look forward to a successful completion to this project in the very near future.

___________________

September 14, 2019 – Document Restatement update available here.

July 22, 2019 – Document Restatement update available here.

July 1, 2019 – Document Restatement Project update –

Committee Members (Updated):

Adam Berchem (Board member), 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.


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

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

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

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.