“AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE TAHOE KEYS PROPERTY OWNERS’ ASSOCIATION”
MEMBER APPROVAL IS REQUESTED – BALLOTS WILL BE MAILED OUT THE WEEK OF JULY 25th
The Covenants, Conditions, and Restrictions (CC&Rs) are recorded against the Tahoe Keys property and bind every Lot and Lot Owner of a Tahoe Keys Lot. The CC&Rs set forth the rights and responsibilities of the Association and its Members. The current CC&Rs were recorded in 1991 – over 30 years ago (“CC&Rs 1991”).
It has been the goal of the Association to update the CC&Rs for several years. CC&Rs 1991 are outdated and inconsistent with current California law. They also contain confusing unclear and/or unnecessary provisions. As a result, in 2016, the Board made the decision to embark on a complete restatement of the CC&Rs.
In 2018, the Board retained Richardson Ober and DeNichilo LLP (ROD) www.rodllp.com as TKPOA General Counsel. ROD exclusively represents homeowner’s associations throughout California. Among the projects ROD was tasked with was to complete the CC&Rs restatement that was initiated by prior counsel Berding Weill.
The ROD law firm prepared two drafts: a Fourth Draft that was used as the basis for a comprehensive Membership review last year (including two town hall membership meetings), and this Fifth Draft (CC&Rs 2022), which reflects the results of that review process.
In 2020, the Board appointed a BYLAWS and CC&R’s Communication Ad Hoc Committee to help oversee the update process. The Committee has worked closely with ROD to coordinate the 2021 review effort and to implement many improvements from that review process leading to the preparation of the CC&RS 2022 for a membership vote.
To assist members with voting, the Committee has developed a Questions and Answers document and a Summary of Key Changes posted on the TKPOA website. Other documents are also available on the website, including the present CC&Rs 1991, which is provided to homeowners at time of purchase and the proposed Amended and Restated CC&Rs 2022.
CC&Rs 2022 Documents Posted on the Website
All documents can be found on the TKPOA website at www.tkpoa.com by clicking on the ‘CC&Rs 2022 Vote’ button located on the website home page or under Documents>>Rules and Procedures>>CC&Rs and Bylaws>>CC&Rs 2022 Vote.
Why conduct a Membership Vote?
California law requires that any amendment to the Governing Documents be conducted by secret ballot in accordance with the Civil Code and the Association’s election rules and voting procedures. You are receiving the entire CC&Rs 2022 for approval as required by Davis Stirling Civil Code Section §5515 (e) which requires that “In an election to approve an amendment of the governing documents, the text of the proposed amendment shall be delivered to the members with the ballot.”
Based on the statutory requirement for conducting a CC&Rs amendment vote, this ballot mailing is estimated to cost the Association (and its members) approximately $20,000 to conduct. If the Association does not receive a sufficient response from the Members to warrant opening the ballots, the Association may be required to conduct a second vote, postpone the ballot count to obtain additional ballots, or file a petition with the Court to approve the CC&Rs based upon the number of votes received. This additional process is expensive and will require the expenditure of significant additional fees and costs. So please support the Association’s effort to successfully complete the vote on the Amended and Restated CC&Rs approved.
Thank you for your vote.