Bella Casa - 141216 - Information Handbook
Bella Casa - 141216 - Information Handbook
Bella Casa - 141216 - Information Handbook
INFORMATION HANDBOOK
Table of Contents
I. GENERAL INFORMATION................................................................................... 3
A.
B.
C.
D.
CONTACT INFORMATION...........................................................................................3
ASSOCIATION MEETINGS ...........................................................................................3
FINANCIAL .....................................................................................................................4
INSURANCE INFORMATION.......................................................................................4
APPENDIX A:
APPENDIX B:
APPENDIX C:
APPENDIX D:
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CONTACT INFORMATION
1. Non-emergency items or questions Contact us at:
Bella Casa Community Association
c/o The Helsing Group, Inc.
4000 Executive Parkway, Suite 100
San Ramon, CA 94583
(800) 443-5746 Phone
(925) 355-9600 Fax
Website: www.helsing.com
2. Emergency common area property repairs - Call our Management Company:
The Helsing Group at 800-443-5746 (thats 800-4Helsing)
Regular office hours are 9:00 a.m. - 5:00 p.m., Monday Friday.
Emergency calls are taken 24 hours per day.
3. In the event of a fire, injury, accident, or criminal activity, dial 911 for immediate
assistance.
B.
ASSOCIATION MEETINGS
BOARD MEETINGS
Meetings of the Board are held on a regular basis, as business warrants, normally every three (3)
months. A Member Comment Period for Owners to speak will be held during each Board
meeting.
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FINANCIAL REVIEWS
Financial reviews are prepared at the end of each fiscal year and are mailed to the Owners of
record upon completion.
MONTHLY ASSESSMENTS
The Association sends the monthly assessment reminder statements on or around the 23rd of
every month for the following month. Monthly assessments are due on the first of each month
and become delinquent after the fifteenth day of the month. If your monthly assessment payment
is received after the fifteenth day, you will be assessed a late charge established by the Board.
Failure to receive a reminder statement does not relieve Owners of the obligation to pay
assessments on time.
The obligation to pay assessments runs with the land, and is shared by all Owners in the
Community. Your assessments pay for the vital services required to keep your Association
operating. To see a list of these services and their estimated costs, please refer to the
Associations pro-forma budget.
D.
INSURANCE INFORMATION
The Association carries both General Liability Insurance and Directors and Officers Errors &
Omissions Insurance in the amounts required to afford protection to the individual Owners in
accordance with California Civil Code, Section 5805. The Association has purchased a
comprehensive general liability insurance policy covering the Association Property. This
coverage will be reviewed and renewed annually.
A summary disclosure of property and general liability insurance (and improvement and
maintenance, if carried) is provided each year by the Association to each owner, pursuant to
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Please read the Rules and Regulations carefully. If you unknowingly break any rule, and the
Management Company or Board brings it to your attention, please respect their wishes, as they
are acting on behalf of the Association. Please contact the Management Company if you have
any further questions.
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COMMITTEE REVIEW
The Board or the Architectural Committee, if appointed, strives to preserve the highest
standard and quality of life for each Homeowner within the Community. The Board or
the Architectural Committee is charged with the responsibility to review and approve
proposed exterior and interior modifications or additions to a Residential Lot in the
Community. The Committee is not responsible for approving the means and methods of
construction. This is the sole responsibility of the individual Owner. In many cases the
Homeowner makes his/her designer and/or installing contractor responsible for the
requirements of these Architectural Guidelines and the CC&Rs. The relationship,
agreements and contracts between the Owners designer and/or installer is strictly
between those parties. It is the responsibility of each Homeowner to satisfy the
requirements of the CC&Rs and these Architectural Guidelines.
The Board, at any time, may elect to delegate its architectural review and approval rights
to an Architectural Committee. The Board or the Architectural Committee has the right
to hire any engineer or other consultant, the opinion of which the Board or Committee
deems necessary in connection with its review of any plans submitted by any
Homeowner. The term Architectural Committee, or Committee, as used throughout the
remainder of this document, shall refer to the Board if an Architectural Committee has
not yet been appointed.
B.
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C.
APPLICATION PROCEDURE
Submittal: Before you begin any work on your Lot, you must submit an application to
the Architectural Committee for approval.
The Committee will endeavor to review and respond to all plan submittals within sixty
(60) days after receipt of all required materials. PLEASE NOTE THAT NO WORK
MAY BEGIN PRIOR TO ARCHITECTURAL APPROVAL.
This review is in no way intended to approve architectural request for structural
engineering or in lieu of any required City/County permits or inspections. The intent is
to maintain the visual quality of the Community.
In order to process your application for approval, the Architectural Committee will need a
copy of the Application to Modify Exterior (attached to this package in Appendix D:
Forms), color scheme, drawings, and specifications. You will also need to submit a
processing fee of $50.00, payable to The Helsing Group. A reduced application fee
applies in certain circumstances. If your proposed improvement falls within the
guidelines outlined in Appendix B, the application will be reviewed and processed at the
management office, and the fee is reduced to $25.00. If you are not sure which
application fee applies, please contact your associations manager at 925-355-2100 and
he/she will help you to determine this. In order to avoid paying the fee multiple times,
we strongly encourage you to consolidate all of your foreseeable modifications onto one
application.
Applications should be mailed by Certified Mail to the Association at the following
address:
Bella Casa Community Association
c/o: The Helsing Group, Inc.
4000 Executive Parkway, Suite 100
San Ramon, California 94583
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D.
QUESTIONS
Any questions or inquiries regarding the procedures set forth in the Architectural Guidelines
shall be directed to the Board or the Management Company. However, no variance or change to
the requirements set forth in the Architectural Guidelines shall be effective unless in writing and
authorized by the Board or Architectural Committee.
The Board may, from time to time, amend and repeal these Architectural Guidelines by majority
vote.
Owners shall give notice to the Board upon completion of any construction or
reconstruction.
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1.
2.
3.
4.
5.
6.
7.
Owner is thanked for coming and told that they will be notified of the Boards decision within ten
(10) business days.
8.
9.
10.
Adjournment.
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2.
3.
4.
5.
6.
7.
8.
9.
Everyone should be familiar with the location and operation of each main utility service
of their home including: the main gas meter shut-off valve, the main water valve, the
electrical panel and the main electrical panel at the exterior closet.
Your phone book has information on earthquake preparedness, basic first aid and CPR.
Develop a family emergency plan, which includes a place to reunite.
Designate a contact person 300 miles away or more and provide that person with a list of
people to call and notify for you outside of the disaster area.
Learn first aid and CPR.
Make sure every member of the family, over age 10, knows how to shut-off gas, water
and electricity.
Move heavy items to lower shelves.
Remove or isolate flammable materials.
Install latch-locking devices on cabinet doors.
BE PREPARED
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
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Yourself.
Family & neighbors trapped or injured.
Gas leaks do not shut off your gas unless you smell gas!
Fireplace.
Gas water heater.
Stove area.
Electrical visually check for sparks or broken wires which pose a hazard.
Water check for broken water and sewer lines. Dont drink water unless you know its
safe.
Phone check for dial tone. Do not use unless it is an emergency. Flooding the phone
systems only delays help for people who really need it.
Look for broken glass or other hazards.
For further information, refer to the First Aid and Survival Guide in your phone book.
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Rental of Lots
A. Any Owner who wishes to lease his/her Residence must meet each of the following
requirements, and the lease will be subject to these requirements whether they are
included within the lease or not:
(1) All leases must be in writing;
(2) The lease must be for the entire Lot and not merely parts of the Lot, unless the
Owner remains in occupancy;
(3) All leases shall be subject in all respects to provisions of the CC&Rs, the Bylaws,
and all Rules adopted by the Board, and all leases shall clearly obligate all Occupants
to obey and comply with the Governing Documents;
(4) All Owners who lease their Lots shall promptly notify the Secretary of the
Association in writing of the names of all Occupants and Members of Occupants'
family occupying such Lots, and their respective vehicle and pet information, and
shall provide the Secretary of the Association with a complete copy of the lease. All
Owners leasing their Lot shall promptly notify the Secretary of the Association of the
address and telephone number where such Owner can be reached; and,
(5) No Owner shall lease his Residence for a period of less than thirty (30) days.
B. Any failure of an Occupant to comply with the Governing Documents shall be a
default under the lease, regardless of whether the lease so provides. In the event of any
such default, the Owner immediately shall take all actions to cure the default including, if
necessary, eviction of the Occupant.
C. If any Occupant is in violation of the provisions of the CC&Rs, Bylaws, or Rules of
the Association, the Association may bring an action in its own name and/or in the name
of the Owner to have the Occupant evicted and/or to recover damages. If the court finds
that the Occupant is violating, or has violated any of the provisions of the CC&Rs, the
Bylaws of the Association, or the Rules of the Association, the court may find the
Occupant guilty of unlawful detainer notwithstanding the fact that the Owner is not the
plaintiff in the action and/or the Occupant is not otherwise in violation of Occupant's
lease. For purposes of granting an unlawful detainer against the Occupant, the court may
assume that the Owner or person in whose name a contract (the lease or rental agreement)
was made was acting for the benefit of the Association. The remedy provided by this
subsection is not exclusive and is in addition to any other remedy or remedies which the
Association has. If permitted by present or future law, the Association may recover all
its costs, including court costs and reasonable attorneys' fees incurred in prosecuting the
unlawful detainer action.
16
Animals / Pets
Except as provided in the CC&Rs and Rules, no animals of any kind shall be raised, bred,
boarded, or kept in any Lot, or on any other portion of the Project. "Service animals" as
defined in the Code of Federal Regulations under the Americans with Disabilities Act of
1990, meaning a dog that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability, or as such definition may be revised by the
government of the United States, may be kept by an Owner or Occupant or invitee
thereof. Owners or Occupants of Lots may keep no more than two (2) dogs or two (2)
cats or one (1) dog and one (1) cat, and may keep birds or fish that are kept in cages or
aquariums, provided that no such dogs, cats or other animal or fish may kept, bred, or
maintained for any commercial purposes. All pets shall be kept under reasonable control
at all times. No pets shall be allowed in the Common Area except as may be permitted
by Rules of the Board. No Owner shall allow his dog to enter the Common Area except
on a leash. After making a reasonable attempt to notify the Owner, the Association or
any Owner may cause any pet found within the Common Area in violation of the CC&Rs
or Rules to be removed by the Association (or any Owner) to a pound or animal shelter
under the jurisdiction of the County, by calling the appropriate authorities, whereupon the
Owner may, upon payment of all expenses connected therewith, repossess the pet.
Owners and Occupants shall prevent their pets from soiling all portions of the Common
Area and shall promptly clean up any waste left by their pets. Owners shall be fully
responsible for any damage caused by their pets. The Board, after notice and a hearing,
may require the permanent removal of any animal that the Board determines to be a
danger to the health and safety of any Occupant in the Project, or otherwise to be a
nuisance within the Project. The Board may find that an animal is a nuisance if the
animal or its owner continues to violate the Rules regulating pets after receipt by the
Owner or Occupant of a written demand from the Board to comply with the Rules.
Owners shall use reasonable efforts to prevent any animal within their Lots from making
disturbing noises that can be heard from any other Lot. An Owner in violation of this
Section may be deemed to be permitting, or causing a serious annoyance or nuisance to
any other Owner. The Board, after notice and a hearing, may require the permanent
removal of any animal that the Board determines to be a danger to the health and safety
of any Occupant in the Project, or otherwise to be a nuisance within the Project. The
Board may find that an animal is a nuisance if the animal or its owner continues to violate
the Rules regulating pets after receipt by the Owner of a written demand from the Board
to comply with the Rules.
17
5.
Storage Restrictions
Nothing shall be stored in the Common Area without the prior consent of the Board. No
items shall be stored or operated in exterior areas of a Residence, such as appliances or
equipment, except in conformity to the Rules without the prior consent of the Board.
6.
7.
Window Coverings
Window coverings must be of a normal and customary style, e.g. drapes, curtains,
shutters, or blinds. The exterior side of any window coverings visible from any adjacent
street, Common Area, or other residence shall be beige, white, off-white, or natural wood
tone in color, unless otherwise approved by the Board or Architectural Committee. No
Owner shall install window coverings made of tin or aluminum foil, newspapers, or other
window coverings, which aesthetically detract from the Project. Window tinting shall be
non-reflective in nature and shall not adversely affect the aesthetics of the exterior of the
dwelling. Plain white sheets are acceptable as temporary window coverings for a period
of time not to exceed one hundred eighty (180) days from the close of escrow of the
Owner's Lot.
8.
Holiday Decorations
Holiday decorations may be displayed, provided that they are placed out no more than 45
days prior to the applicable holiday, and must be removed within 15 days after the
holiday.
18
Signs, General
Subject to California Civil Code 712, 713 and Civil Code Section 4710, no signs shall
be displayed to the public view on any Lot or on any other portion of the Project except
non-commercial signs may be displayed within a Lot that are approved by the Board or a
committee appointed by the Board, that conform to the Rules regarding signs that comply
with the requirements of State law and applicable local ordinances. One "For Sale" or
"For Rent" or "For Exchange" sign may be displayed on the Owners Lot, provided the
design, dimensions and locations are reasonable and customary.
Signs may not be placed in a way that interferes with the front yard maintenance by the
Associations landscaping service.
10.
Signs, Security
Small security signs may be displayed on a Lot, as long as they are informing of the
presence of a security system in place. Signs may not be placed in a way that interferes
with the front yard maintenance by the Associations landscaping service.
11.
12.
Clothes Lines
Exterior clothes lines shall only be allowed if located in fenced in rear yards and are
erected or maintained so as not to be visible from any street adjacent to the Project. No
draping of towels, carpets, or laundry over fences or exterior railings shall be allowed.
13.
14.
Association-Maintained Yards
The Association is responsible for maintaining the landscaping and irrigation systems
within the unenclosed front and side yards of the private Lots. Accordingly, no changes
may be made to the landscaping and irrigation systems in these areas, including any
changes to planting, without the written permission of the Board or Architectural
Committee. Items may not be placed in the Association-maintained areas which might
interfere with the performance of maintenance.
2.
3.
4.
5.
20
Concrete Installation
Installation of concrete or bricks may be approved in the enclosed portions of the yards,
provided that all local setback requirements are met and the modifications do not affect
the drainage of the Lot or neighboring Lots.
7.
Patios / Decks
Patios and decks may be approved in the enclosed portions of the yards, subject to current
local government codes and setback requirements. Above-ground decks not exceeding
the height of the exit door threshold are allowed, provided foundation landscaping is
installed. Mean elevation of the deck surface from the ground may not exceed 18 inches,
and the maximum elevation may not exceed 36 inches at any point.
8.
9.
21
11.
12.
Exterior Fences
All fences visible from the roads must remain as originally installed by Declarant, unless
otherwise approved by the Architectural Committee. Natural or clear sealers are
permissible, as long as the color of the wood remains unchanged.
13.
14.
15.
22
Drainage
Each Lot Owner shall maintain the storm water drainage on his or her Lot in good
condition and repair and free of obstructions and cleaned out until such drainage connects
to Association common drainage or into the City storm drainage systems. No drainage on
a Lot shall be modified in any manner unless such modification is approved by the Board
or Architectural Committee.
17.
Project Trees
No tree located on a Lot, the Common Areas or within the City parkways or rights of way
can be removed unless approved in advance by the City. No trees shall be placed or
planted within enclosed yards of lots unless in containers or approved by the
Architectural Committee.
18.
Landscape Installation
Installation of plant material may be approved in the enclosed portions of the yards,
which will not exceed the height of the fence line at maturity. Trees (normally found in
residential areas) may exceed fence height if approved in compliance with Project
Trees. Installation of new trees requires written permission from the Architectural
Committee. Landscaping that is specifically prohibited by deed restrictions, e.g.
endangered species habitats, will not be permitted.
19.
23
Increases in regular or special assessments exceeding the limits set forth in California
Civil Code section 1366;
Amendments to the governing documents;
Grant of exclusive use of common area to an Owner;
Selling property of the Association with a value exceeding five percent (5%) of the
budgeted gross expenses of the Association for that fiscal year;
Title 7 Decision to Arbitrate;
Board of Director Elections (Director Elections), including Class A Elections; and
Any other matter which the Board of Directors, in its discretion, determines is necessary
or desirable to include on the Ballot.
Specific provisions applicable only to the Director Elections are set forth below in bold and italics.
These provisions in bold and italics do not apply to any other Ballot Measures other than Director
Elections.
Specific provisions applicable only to Class A Elections are set forth below in italics. These provisions
in italics do not apply to any other Ballot Measures other than a Director Election which involves a Class
A Election.
2.
The Board of Directors shall appoint one Inspector of Election (Inspector). The
Inspector shall be any one of the following, as determined by the Board of Directors at an
open Board meeting prior to the distribution of the Balloting Materials:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
24
The Association shall indemnify the Inspector of Election in connection with services
performed in good faith by the Inspector of Election related to the election.
c.
The Board shall establish the record date for determining a Members eligibility to vote
(Record Date), or the Board may delegate that authority to the Inspector of Elections.
Unless otherwise determined by the Board or Inspector of Elections, the Record Date
shall be the date ballots are mailed.
3.
(i)
(ii)
(B)
4.
(A)
b.
The Inspector shall designate the Association management company as the custodian of
the sealed Ballots (Custodian), unless the Inspector determines that it is more
appropriate for the Inspector to be the Custodian. The Custodian will receive Ballots,
maintain a record of each Ballot as it is received, and stamp or mark the date of receipt on
the Address Envelope.
c.
In addition, the Inspector may perform any acts which are proper to conduct the election
with fairness to all Members in accordance with California Civil Code section 1363.03
and the Associations governing documents.
VOTER QUALIFICATIONS:
a.
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5.
Any qualified Member other than Declarant may cast one (1) vote per household.
6.
7.
8.
The Board shall establish the period during which nominations may be made
(Nomination Period).
b.
c.
If appointed, the Nominating Committee shall make as many nominations for the
Director Election as it determines in its discretion, but not less than the number of
vacancies to be filled.
CAMPAIGN RULES:
a.
The Association will not conduct a forum for Ballot Measures or nominees.
b.
Association funds shall not be used for campaign purposes in connection with any
Association election, except to the extent necessary to comply with the duties of the
Association imposed by law. For purposes of this paragraph, the Association can use its
funds to have counsel (or other Board-designated individuals) prepare and review Ballots,
and incur expenses to copy, print and mail Ballots to the Members consistent with the
Associations governing documents and California law. The Association can also add
background information and an explanation of Balloting Materials. The Association will
not use funds to distribute a biographical description and photograph of the candidates
in the Balloting Materials. The Board may not support or oppose a Ballot Measure or
candidate.
BALLOTING MATERIALS:
a.
The Board shall approve the Ballot, which shall set forth the deadline to submit Ballots
(Voting Deadline). In addition, the Ballot may provide that the Board has authority to
extend the Voting Deadline.
b.
The Board or Inspector, if the Board so delegates, shall determine the time and date when
the polls close for each election (Poll Close Date), which cannot be less than thirty
(30) days after the mailing of the Balloting Materials, and shall ordinarily be selected to
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The Board shall determine the date that the Balloting Materials must be mailed by the
Association.
d.
The Association shall mail by first-class mail or deliver the Balloting Materials on the
date determined by the Board.
e.
If the Ballot Measure includes a Class A Election, the Association shall mail or deliver
a separate Ballot to all Class A Members to elect a Class A Director (Class A
Election Ballot), at the same time as the other Balloting Materials are distributed to all
Members.
f.
If the Ballot Measure includes a Title 7 Decision, the Association shall mail or deliver a
separate Ballot on the Title 7 Decision (Title 7 Decision Ballot) to all Members,
except Declarant, at the same time as the other Balloting Materials are distributed to all
Members.
g.
Balloting Instructions;
Ballot;
Class A Election Ballot, if applicable;
Title 7 Decision Ballot, if applicable; and
Two pre-addressed envelopes; one addressed to the Custodian (Address
Envelope), the other addressed to Insert Into Address Envelope (Ballot
Envelope).
h.
After casting his/her vote by marking the Ballot, the Member places the Ballot into the
Ballot Envelope, which is then sealed. In order to preserve confidentiality, the Member
should not be identified by name, signature, address, lot, parcel or unit number on the
Ballot or the Ballot Envelope.
i.
The Member then inserts the Ballot Envelope into the Address Envelope, which is then
sealed. In the upper left-hand corner of the Address Envelope, the Member prints and
signs his/her name and prints his/her address and lot, parcel or unit number that entitles
him/her to vote.
j.
Address Envelopes must be returned by first-class mail or hand delivery to the Custodian
at the location specified on the Ballot prior to the Voting Deadline. Address Envelopes
cannot be collected by any third party, other than the Proxy holder, to mail or deliver to
the Custodian.
k.
The Custodian shall keep the unopened Address Envelopes until after tabulation of the
votes, at which time custody must then be transferred to the Association. No person,
including any Member or an employee of the Custodian, shall open any Address
Envelopes or otherwise review any Ballot prior to the time and place at which the Ballots
are tabulated by the Inspector.
l.
Ballots may not be revoked once they are submitted to the Custodian.
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9.
10.
11.
If a Member loses his/her Balloting Materials, the Member may request substitute
Balloting Materials from the Association or Inspector, but the Member must sign a
statement, under penalty of perjury, that the original Balloting Materials were (i) lost, (ii)
destroyed or (iii) never received.
b.
The Inspector shall retain a record of each such request. If it is determined that a
Member voted twice, only the first ballot received (based on the date stamp) will be
counted.
c.
If the Custodian unintentionally opens the Address Envelope and/or Ballot Envelope,
then the Ballot shall remain valid if the person who opened such envelope (i) signs a
statement, under penalty of perjury, that the original Balloting Materials were
unintentionally opened, and (ii) notifies the Member whose name appears on the Address
Envelope, as soon as possible upon discovery of the inadvertent opening of the Address
Envelope and/or Ballot Envelope.
VOTING BY PROXY:
a.
Each Member may vote by Proxy by filing a writing with the Secretary of the
Association that identifies the person(s) authorized to exercise the proxy and the length of
time it will be valid. Such writing must be signed and dated by the Member. A Proxy
may be revoked by the Member at any time before a Ballot is cast.
b.
Each Member voting by Proxy must give the Proxy holder the Address Envelope, Ballot
Envelope, Ballot, and Proxy instructions.
c.
Any Member instruction to the Proxy holder as to how to cast the Members vote(s) shall
be set forth on a separate page and retained by the Proxy holder.
d.
The Proxy holder shall mark the Ballot, place the Ballot into the Ballot Envelope and
then seal it. No identifying information regarding the Member or the Proxy holder shall
be placed on the Ballot or the Ballot Envelope.
e.
The Proxy holder shall then insert the Ballot Envelope into the Address Envelope, seal it,
and then sign his/her name in the upper left-hand corner of the Address Envelope. The
Proxy holder shall then print the name of the Member upon whose behalf the Proxy
holder is voting and the address and lot, parcel or unit number that entitles the Member to
vote.
Class A Members shall be entitled to cast a number of votes equal to the number of
Directors to be elected multiplied by the number of Lots owned.
b.
Class B Members shall be entitled to cast a number of votes equal to the number of
Lots owned multiplied by three (3) multiplied by the number of Directors to be elected.
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12.
Every Member may cumulate votes and give them to a single candidate or distribute
them among as many candidates as the Member thinks fit, as long as the total number
of votes cast does not exceed the total number of candidates.
TABULATION OF VOTES:
a.
Based on the Voting Deadline and the actual Poll Close Date, the Board shall schedule
and notice a meeting of the Members or Board at which the Ballots will be counted.
Notices must provided in accordance with the Bylaws.
b.
For a meeting of the Members, the Inspector shall determine whether sufficient Ballots
are received to satisfy the quorum requirements prior to tabulating the votes. Ballots
received are to be counted as Members present for the purpose of establishing a quorum.
(i)
The Secretary shall verify that the Proxy holders who signed the Address
Envelope have written authorization to vote for a Member.
(ii)
c.
For a Board meeting, the Inspector shall determine whether quorum requirements
have been met prior to tabulating the votes.
d.
The Inspector may appoint and oversee one or more Members other than a Director and
other additional persons to assist in the tabulation of votes (Assistant).
e.
If quorum requirements are met, the Inspector may tabulate the votes:
f.
(i)
The Inspector shall count the Ballots cast by Proxy, tabulate the approvals and
disapprovals of Ballot Measures, determine whether sufficient votes were
received for Ballot Measures, and report the election results at the meeting in
which the Ballots were counted.
(ii)
If a Class A Election is being held, the Inspector shall first count and tabulate
the votes of all Class A Members for the election of a Class A Director(s).
(iii)
For Director Elections, the Inspector shall count the Ballots and determine
election results in accordance with Section 5.2 of the Bylaws. During the
period of time that Class B voting still exists, the Declarant shall be entitled to
elect a majority of the Directors (2 out of 3); the other Director shall be elected
solely by the Members other than Declarant. After Class B voting has expired,
the three (3) persons receiving the largest number of votes shall be deemed
elected.
While the Members are encouraged to watch the tabulation process, no Member may be
within ten (10) feet of the table where Ballots are being counted, and no Member may
speak to the Inspector or Assistant during the tabulation process. The Inspector may ask
questions of any Member, management company, or the Associations attorney if
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The Secretary shall record the election results in the Association minutes and announce
the results at the next open Board meeting.
h.
The Board shall publicize the election results to Members within fifteen (15) days of the
date of the election.
i.
After tabulation of votes, Ballots shall be transferred to the Association and stored by the
Association in a secure place for no less than one (1) year after the date of the election.
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Appendix D: Forms
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Architectural Application
Bella Casa Community Association Architectural Committee
As explained in the CC&Rs, exterior improvements or modifications require approval by the Architectural Committee.
This is the form used for applying for such approval. Please describe all changes you propose to make to your Home
exterior. Include a scale drawing(s) with top (plan) and side (elevation) views as necessary to clearly establish locations
and elevations of any structures. Include dimensions and materials and specify color(s) if appropriate. Your drawing
should include existing structures and boundaries where necessary to indicate relative location. To avoid delay of
committee action, please include all information the committee will need to make its decision. Attach additional pages if
needed. Consult the CC&Rs, Rules, and/or Architectural Guidelines for more information.
If proposing landscaping modifications (new vegetation of any kind), also complete and return page 2.
You must include a processing fee for each application submitted. This fee depends upon the type of improvements
you are requesting:
A $50.00 fee applies:
If your proposed improvement does not fall within the guidelines described in Appendix B.
A $25.00 fee applies:
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Californias Solar Shade Control Act restricts property owners from planting vegetation that
interferes with the operation of an existing solar energy collector, or allowing vegetation to grow
in such a way that it interferes with a collector. Specifically, vegetation may not cast a shadow
over more than 10 percent of the collector absorption area at any time between the hours of 10
AM and 2 PM. For more details, please refer to the full text of the Solar Shade Control Act,
available online.
Does any adjacent residence or property have solar collector(s)? ____Yes ____No
I have confirmed that my planned landscape modifications will not violate the provisions of
the Solar Shade Control Act ("Act"). I further agree to maintain all landscape materials, at
my own cost, in such a way that they do not violate the Act in the future. Should any
vegetation or structure be installed on my Lot in violation of the Act, or should the landscape
material be allowed to grow in such a way that it violates the Act, I agree to modify or remove
the applicable landscaping to bring it into compliance with the Act. In such an event, I will be
responsible for all costs of modification or removal. Furthermore, I shall be solely responsible
for any penalties resulting from civil and/or criminal proceedings associated with an alleged
violation of the Act. This agreement shall be binding as long as I am an owner of the property
referenced on this application, or to a greater extent as permitted by law.
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