The new CC&R have taken center stage once again at the Clear Lake Riviera Community Association. After a long and arduous process of public hearing and debate the new revised CC&R's were agreed upon by the Board and put up to a vote of the Association members.
Each property owner has one vote per lot owned in the subdivision. All owners of each lot should sign the ballot. If only one owner signs, the Association will count that vote assuming agreement of all the owners.
The document was mailed out to property owners in June 2006 and has yet to be ratified by a majority vote however at this time less than 1/3 has voted. It will take fifty percent plus one to be either passed or rejected. There is no time limit on how long the voting process is to take place.
The changes were outlined in The Rivieran, the Association's newsletter. It includes State mandated updates to bring the CC&R's and By-Laws into the 21 centaury.
According to The Rivieran the HOA has spent over $15,000 in legal and mailing expenses in their effort to update the governing documents to bring them in to compliance with State law.
According to the newsletter, failure to bring the documents into compliance with State law "may create serious legal and financial consequences in the future in the event the Board does or does not take action in accordance with State law while relying on outdated governing documents. If we do not obtain sufficient signatures to decide the matter, we will be forced to hire an attorney and seek court approval for certification of the governing documents without membership approval. The money involved in initiating the legal process would be much better spent improving out neighborhood and providing programs that benefit the majority of our property owners," the article said.
A full copy of the CC&R and By-Law documents along with the revisions can be obtained at the Association office or they can be downloaded from the association's website http://www.clrca.com/. If any property owners lost or misplaced their ballot they can simply stop by the association office to pick one up and fill it out on the spot.
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