TKPOA Rules & the Rules Change Process

TKPOA Rules

& the Rules Change Process

By Kirk Wooldridge, TKPOA General Manager

LIKE MANY COMMUNITY ASSOCIATIONS, the Tahoe Keys Property Owners Association (TKPOA) has a set of written “Governing Documents” which includes our Articles of Incorporation, BYLAWS, Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Architectural Control Rules (ACR) and Operating Rules.

As mentioned above in addition to our BYLAWS and CC&Rs, the TKPOA also operates under the Architectural Control Rules (ACR) and Association Operating Rules. These rules like the BYLAWS and CC&Rs have even more of a “day to day” or individual effect on our property owners, and with that said tend change more with the “times”, current usage of amenities, and changes in building products. So it is important to realize that any property owner can propose an ACR or Operating “rule change” or change to the BYLAWS and CC&Rs and there is a process for these proposed rule changes.

The Architectural Control Rules (ACR) is the “design standards” for properties in the TKPOA. Some TKPOA property owners mistakenly believe these standards restrict their individual expression; actually they provide a framework within which each property owner can express individual tastes and preferences. The standards have been carefully developed to reflect a balance between individual rights and the good of the entire association – that is, continuing to maintain and improve property values.

These guidelines maintain architectural standards and provide a basis for treating all property owners fairly and reasonably. Written guidelines allow you and the Architectural Control Committee (ACC) to work from the same criteria, and are published as the Architectural Control Rules (ACR), TKPOA Bylaws and CC&Rs.

Sometimes architectural rules and requirements can be complex. The ACR’s rules show you exactly what is required so you can comply with the community’s standards. The ACC wants the paperwork to be as simple as possible for everyone. The ACR rules take the guesswork out of your application and their decision making.

The ACR rules provide criteria for the current ACC to make appropriate decisions, and for future committees’ to make decisions that are consistent. Otherwise, the application approved today may be found unacceptable by future committee members when construction is completed.

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TKPOA RULES & THE RULES CHANGE PROCESS

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The ACR rules clarify the association’s authority in this area. California State statues and our Governing Documents give the TKPOA a legal right to enact and enforce design standards. The ACR rules spell this out so everyone understands they must comply even if they don’t agree.

The Association Operating Rules are any regulation adopted by the Board of Directors of a condominium or homeowners association that applies to the management and operation of the association or the conduct of its business and affairs. Civil Code §4340. This includes pets, parking, use of the common areas, member discipline, architectural standards, election procedures, any schedule of monetary penalties, etc. Civil Code §4355(a). Excluded are decisions relating to common area maintenance, a specific matter (as opposed to a general policy), assessment amounts, a non-discretionary rule change required by law, or a rule that repeats existing law or the association’s bylaws, CC&Rs or articles of incorporation. Civil Code §4355(b). Enforceability of rules, as provided for in Civil Code §4350, an operating rule is enforceable if: (1) it is in writing, (2) it is within the board’s authority, (3) it is consistent with governing law and the associations governing documents, (4) it is adopted in good faith, and reasonable.

The Rules Change Process

There is a specific process that must be followed for rule changes. Any property owners of the Association in good standing or Association management may submit a proposed rule change. First, the section/subsection of the existing rule must be documented verbatim. Then any additions to the rule should be inserted using bolded underlined text. Any deletions should be shown using strikethrough. A Purpose and Effect statement must also be included with the proposed change and should explain the purpose for the change and the effect the change will have. Once drafted, the proposed change goes through the following process:

For Association Rules

1. Proposed changes are first submitted to the TKPOA

Staff and Board of Directors. The TKPOA staff will review the proposed rule change(s) and check it/ them for proper format and ensure that it/they are not in conflict with any other governing documents, California Civil Code, ordinances or laws and to determine next steps, such as ACC or Legal Counsel

Review. The proposed rule change is then placed on the next TKPOA Board of Directors Regular Meeting agenda upon the Board Presidents approval. The member submitting the proposed change should attend the meeting. All TKPOA members in good standing are welcome to attend these meetings. 2. If the Board of Directors approves the rule changes, it is then approved to be published in the Keys Breeze or sent as a mailing to all members for the required 28 day review period. 3. Requests for rule changes can be emailed to the

TKPOA Board Administrative Assistant, Angela

LaTella, ALaTella@tahoekeyspoa.org or they can be dropped off at the TKPOA Pavilion Office. Requests should be submitted at least ten days prior to the next scheduled Board meeting date.

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 [As of January 1st, 2019 this has changed from 30 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(a).

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 the TKPOA member of proposed rule changes by publication in a TKPOA Keys Breeze monthly magazine that is mailed to all members of the association or through a direct mailing. The Keys Breeze is the official monthly publication of the Tahoe Keys Property Owners Association. The Keys Breeze magazine is also available via our TKPOA website: www. tkpoa.com. (Also on the TKPOA website is additional information on the ACC Rules, CC&Rs, Operating Rules, and Bylaws change process)

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 or concerns on the proposed rule change through attending regular monthly TKPOA Board meetings, emails and phone calls, attending the corresponding

TKPOA Committee Meetings that the rule change may have originated with, or through contacting the TKPOA Administrative Assistant.

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, it is published in 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 Operating Rules/”Governing Documents” and is enforceable. The TKPOA Operating Rules and Governing Documents are enforceable by the TKPOA Board of Directors through the TKPOA member discipline process, suspension of privileges, fines, and in some cases El Dorado County Ordinances and Codes.

The TKPOA Board of Directors can approve Emergency Rule Changes under the Davis Stirling Act – Civil Code. If the Board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change and no 28-day noticed waiting period is required. An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. Civil Code §4360. Any TKPOA member can propose a rule change or change to our Governing Documents, which include the Association Rules, the Bylaws, CC&Rs and the Architectural Control Committee (ACC) rules.

Once the Emergency Rule has been approved it then follows the Operating Rules process for adoption as a permanent rule change of the TKPOA Association Rules. TKPOA Association Rules are operating rules that are defined by California’s Davis-Stirling Act.

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 property owners. Not only to improve safety, but to maintain costs of operating the Association as well as protect your property values. If you need a copy of the current TKPOA Association Operating Rules and Governing Documents they can be found on the TKPOA website: www.tkpoa.com, or stop by the TKPOA Pavilion Office: Monday through Sunday from 8:30 am–4:30 pm. If the Board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change and no 28-day noticed waiting period is required.