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The Official Communication of the TKPOA
By Kirk Wooldridge, General Manager
WITH PUBLICATION OF THIS AUGUST 2020 Keys Breeze issue of the Tahoe Keys Property Owners Association (TKPOA) has continued to complete monthly publications of the Keys Breeze for over five years. I would like to thank TKPOA staff members and TKPOA board members for all of their diligent efforts, writing, and editing each issue. I have personally received very positive and insightful feedback from many TKPOA members. Many members have commented they now read the Keys Breeze cover to cover. Of course, if you miss an issue you can always catch up online via our TKPOA website: www.tkpoa.com where each monthly issue of the Keys Breeze is posted.
The Keys Breeze publication meets the requirements of a California Homeowners Association for a Common Interest Development “Official Communication” method to its members; especially now that we have continued the monthly publication of the Keys Breeze.
The Davis-Stirling Act Civil Code §4040 and §4045 and §4050 indicates Association documents shall be delivered by one or more of the following methods:
1. Personal delivery. 2. First-class mail, postage prepaid, addressed to a member at the address last shown on the books of the association or otherwise provided by the member. Delivery is deemed to be complete on deposit into the United States mail. 3. Email, facsimile, or other electronic means if the recipient has agreed to that method of delivery.
The agreement obtained by the association shall be consistent with the conditions for obtaining consumer consent described in Section 20 of the
Corporations Code. If a document is delivered by electronic means, delivery is complete at the time of transmission. 4. By publication in a periodical that is circulated primarily to members of the association. [The Keys
Breeze would qualify for this definition]. 5. If the association broadcasts television programming for the purpose of distributing information on association business to its members, by inclusion in the programming. 6. A method of delivery provided in a recorded provision of the governing documents. 7. Any other method of delivery provided that the recipient has agreed to that method of delivery.
A document may be included in or delivered with a billing statement, newsletter, or other document that is delivered by one of the methods provided in the method list above 1–7. For the purposes of this section, an unrecorded provision of the governing documents providing for a particular method of delivery does not constitute agreement by a member of the association to that method of delivery.
The Keys Breeze publication also meets the standards of the Corporations Code §5016. Notices and Reports via Newsletters, that applies to California Homeowners Association for a Common Interest Development. Code §5016: A notice or report mailed or delivered as part of a newsletter, magazine or other origin regularly sent to members shall constitute written notice or report pursuant to this division when addressed and mailed or delivered to the member, or in the case of members who are residents of the same household and who have the same address on the books of the corporation, when addressed and mailed or delivered to one of such members, at the address appearing on the books of the corporation. Please make sure you have your current address on file with the Association. On January 1st, 2017, Senate Bill 918 went into effect and now every California community association is required to ask its members to provide their contact information and property status. Civil Code §4041 now requires, that each association must solicit the following information from its members:
1. The mailing address where notices from the association are to be delivered; 2. Any secondary address where notices from the association are to be delivered; 3. The name and address of each member’s legal representative, if any, or other person who can be contacted in case of the member’s extended absence; and 4. Whether the member’s property is owner-occupied, rented, vacant, or undeveloped land.
Although the civil code statute does not mention how often an association must solicit this information, it does state that each member is responsible for providing this information to the association on an annual basis. If a member does not provide this information, the member’s onsite mailing address is deemed to be the proper mailing address for the association to deliver notices to the member. It’s important for associations to note that as long as they request all of the contact information above, Section 4041 places the responsibility on members to provide their correct and current contact information. Requiring members to provide this information should aid associations in giving notice of meetings or for other required notices as well as with the collection of delinquent assessments as it should help negate the argument that a notice was sent to the wrong address. TKPOA provides members with a copy of Form 4041 each year with the Annual Disclosure mailing and a copy can be requested from the TKPOA Office at info@ tahoekeyspoa.org.
Second, the bill requires associations to “solicit” these annual notices of each owner and enter the date into the association’s books and records at least thirty days prior to making its annual disclosures required by Civil Code §5300.
In meeting these “Official Communication” requirements, TKPOA has utilized the Keys Breeze for Civil Code §4360 Notice and Approval of Rule Change by Board of Directors. Ideally this method will be utilized for limited rule changes of no more than a page of copy, but occasionally could be longer. In doing so, the TKPOA has saved money on mailing and staff costs to prepare rules change mailings.
Notice of Proposed Change. Before adopting or amending an operating rule or changing a fine schedule, the Board must “provide written notice of a proposed rule change to the members at least 28 days before making the rule change.” The notice must include the text of the proposed rule change and a description of its purpose and effect. Notice is not required if the board determines that an immediate rule change is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the association. Civil Code §4360.
Method of Notice. The method of providing notice of a rule change is described in Civil Code §4360 as the methods approved by Civil Code §4040, §4045 and §4050.
TKPOA gives notice to TKPOA members of proposed changes to the rules by publication in a TKPOA Keys Breeze monthly magazine that is mailed to all members of the association or through a direct mailing.
It is during this 28 day time period once the Notice of Proposed change is posted that the TKPOA Board of Directors would like to hear TKPOA members questions on concerns on the proposed rule change through attending regular monthly TKPOA Board meetings, emails, phone calls, attending the corresponding TKPOA Committee Meetings that the rule change may have originated with, or through contacting the TKPOA Administrative Assistant.
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After the 28 day review period, the proposed change will go back to the Board for approval to be adopted. Any member feedback that has been provided during the review period is considered by the Board before a decision is made. If the Board approves the proposed change, the adopted rules is published in the Keys Breeze, or sent as a member mailing a second time as a notification to the membership that the rule has been changed along with its effective date.
Notice of Adoption. Within 15 days of voting on the rules, the board must notify the membership of the results of the vote. Civil Code §4360.
Once adopted the new rule or rule change is added to the Association Rules and is enforceable. The TKPOA Rules and Governing Documents are enforceable by the TKPOA Board of Directors, through TKPOA member discipline process, suspension of privileges, fines and in some cases El Dorado County Ordinances and Codes.
Based on ongoing updating and adding to our rules, the TKPOA Board of Directors, Architectural Control Committee (ACC) and TKPOA Community members are all looking to improve the Tahoe Keys for all of its members. Not only to improve safety, but to maintain costs of operating the Association as well as maintain your property values. If you need a copy of the current TKPOA Association Rules, Architectural Control Rules (ACR), Operating Rules, CC&Rs and Governing Documents they can be found on the TKPOA website: www. tkpoa.com, or stop by the TKPOA Pavilion Office: Monday through Sunday 8:30 am–4:30 pm.
“Let’s bet on youth”
Truckee & North Tahoe
Please join us for the E.J. Tegner “Let’s Bet on Youth” Golf Foundation on Wednesday, October 21st, 2020. We will have a great day of golf to support the E.J. Tegner Foundation. Lunch is included with a day of golf and many other activities including longest putt contest, closest to the pin, hole-in-one, and team prizes. Sponsorship packages are available to provide you added recognition and business opportunities at the event. Register today and be sure to invite your friends and business associates to register as well.
Foursome Individual Golf Hole Sponsor $500 $125 $200
10:00 AM 11:00 AM 5:00 PM Registration Opens Tee-off Awards Reception
If you have any questions, please contact:
Travis Alley
Director of Golf Operations | Tahoe Mountain Club Old Greenwood & The Golf Club at Gray’s Crossing P 530.550.7084 | talley@tahoemountainclub.com
