
May 15, 2011
Dear Heritage Ranch Property Owner,
The summary pro forma operating budget for fiscal year 2011/2012 is submitted as required by California Civil Code Section 1365 for your review. The Finance Committee assists the Board of Directors in adopting the final budget based on examination of the last two years expenditure history of revenue and expenses.
The Board of Directors retains a professional under contract to conduct a physical inspection every three years of all property owned by the Heritage Ranch Owners’ Association (HROA), and advise them as to the Association=s reserves pursuant to Section 1365.5 of the Civil Code. A detailed report is produced as part of that process. The last physical inspection was done in 2010. The Association=s reserves are reviewed annually by the Board of Directors and a summary is provided to all owners which is included in with this budget. Approximately 70% of the overall reserve budget is for road repairs and road maintenance.
The Board of Directors approved the pro forma operating budget (including the estimated operating, capital and reserve expenditures) on April 15, 2011 for implementation on July 1, 2011.
The 2011/2012 assessment amount has not been changed which is $240.00/quarter ($80.00/month).
If you have property in Tract 447 the special assessment trash fee has not been changed. The special assessment trash fee will remain at $36.00/quarter ($12.00/month).
As provided by law, members may examine the complete pro forma operating budget at the Association Office, or may request a copy to be mailed by first class mail within five (5) days of a request. All accounting books and records of the Association are open to inspection at all times during reasonable business hours, exercisable on ten (10) days prior written request. The minutes (or a draft of minutes) of any meeting of the Board of Directors, other than executive session, are available for review within thirty (30) days of the meeting. The minutes are available to be mailed to any member of the Association upon written request and upon reimbursement of the Association=s costs for making that distribution.
Your comments are welcome. If you have any questions regarding the enclosed, please contact the Association Office for assistance.
Sincerely,
Dan Prunk
President
Following is a summary of the pro forma operating budget. The complete pro forma operating budget is available at the business office of the Association and copies will be provided upon request and at the expense of the Association. If any owner requests that a copy of the complete pro forma operating budget be mailed to the owner, the Association shall provide the copy to the owner by first-class United States mail at the expense of the Association and delivered within five (5) days. (Civil Code 1365(d))
SUMMARY PRO FORMA OPERATING BUDGET
FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012
REVENUE
Assessment Revenue ($80.00/month per lot x 2,104 lots)
Association Operations………………………………... $1,549,840.00
Reserve Contribution………………………………...... $ 465,000.00
Capital Contribution……………………………………. $ 5,000.00
TOTAL ASSESSMENT REVENUE……………………………. $2,019,840.00
Other Income
Co-Owner Assessment…………………………………. $ 7,560
Campground…………………………………………….. $ 20,000
Marina……………………………………………………. $ 30,000
Equestrian Center………………………………………. $ 42,000
Equestrian Center Reserve Contribution…………….. $ 1,000
Boat Slips………………………………………………… $ 19,140
Boat Slip Reserve Contribution………………………... $ 20,860
Late Charges……………………………………………. $ 22,000
Association Fees……………………………………….. $ 20,000
RV Trash Fees………………………………………….. $ 28,944
Mowing and Chipping Fees…..……………………….. $ 5,000
Traffic and AECC Fines………………………………... $ 60,000
Miscellaneous Revenue………………………………… $ 29,000
Washer/Dryer Revenue…………………………………. $ 3,000
Interest Income (Operations Accounts)………………. $ 6,000
Other Income……………………………………………. $ 0
TOTAL OTHER INCOME…………………………………….… $ 314,504.00
TOTAL REVENUE $2,334,344.00
EXPENSES
Gatehouse/Security Department
Gatehouse Labor………….…………………………….. $228,650
Security Labor……………………………………………. $227,500
Payroll Taxes……………………………………………. $ 39,090
Group Insurance..………………………………………. $ 41,176
Workman’s Comp. Insurance…………………………. $ 25,163
Electricity………..……………………………………….. $ 5,000
Fuel……………………………………………………….. $ 25,000
Supplies………………………………………………….. $ 3,000
Labels, Stickers and Identification Cards…………...... $ 5,000
Small Tools and Equipment….………………………… $ 3,000
Uniforms…………………………………………………. $ 1,500
Telephone and Modem (& Handheld Phone)………... $ 5,500
Facility Repairs and Maintenance…………………….. $ 8,000
Water and Sewer………………………………………... $ 1,500
Other……………………………………………………… $ 0
TOTAL GATEHOUSE/SECURITY EXPENSE………..………. $ 619,079.00
Maintenance Department
Labor……….…………………………………………….. $228,000
Payroll Taxes……………………………………………. $ 17,562
Workman’s Comp. Insurance…………………………. $ 12,750
Electricity………..……………………………………….. $ 3,000
Propane………………………………………………….. $ 1,500
Fuel……………………………………………………….. $ 13,000
Equipment Repairs and Maintenance……………..….. $ 1,500
Landscaping……………………………………………... $ 10,000
Road Repairs and Maintenance (& Sweeping)………. $ 5,000
Vehicle Repairs and Maintenance…………………….. $ 15,000
General Repairs and Supplies…………………………. $ 30,000
Small Tools and Equipment….………………………… $ 3,000
Uniforms…………………………………………………. $ 1,000
Telephone (& Handheld Phone)….……………………. $ 3,500
Trash Collection……………………..………………….. $ 8,000
Water and Sewer………………………………………... $ 2,937
Safety Equipment……………………………………….. $ 300
Termite/Bug Service……………………………………. $ 1,900
Other……………………………………………………… $ 0
TOTAL MAINTENANCE EXPENSE…………………………… $400,482.00
Administration Department
Labor……….…………………………………………….. $164,500
Payroll Taxes……………………………………………. $ 13,448
Group Insurance……..…………………………………. $ 29,792
Workman’s Comp. Insurance…………………………. $ 1,344
Employee Relations…………………………………….. $ 8,000
Board of Directors……………………………………...... $ 2,000
Accounting and Auditing………………………………… $ 10,000
Electricity………..……………………………………….. $ 4,500
Propane………………………………………………….. $ 1,000
Mileage………………………………………………….. $ 4,200
Office Supplies…………………………………………… $ 13,000
Equipment Repairs and Maintenance……………..….. $ 4,000
Facility Repairs and Maintenance……………………… $ 500
General Insurance……………………………………….. $ 93,000
Legal Expenses………………………………………….. $ 85,000
Bank and Finance Charges……………………………. $ 16,000
General Printing Expense………………………………. $ 20,000
Postage…………………………………………………… $ 16,500
Telephone and Modem…………………………....……. $ 5,300
Contraband Control……………………………………… $ 1,000
Web Site………………………………………………….. $ 5,200
Taxes and Licenses…………………………………….. $ 12,000
Activities………………………………………………….. $ 3,500
Other……………………………………………………… $ 0
TOTAL ADMINISTRATION EXPENSE…….……………….…. $ 513,784.00
Campground/Marina
Supplies………………………………………………….. $ 2,500
Water and Sewer………………………………………... $ 4,223
Porta Jons / Fish Cleaning Station Cleanout……….... $ 7,000
Other……………………………………………………… $ 0
CAMPGROUND/MARINA EXPENSE………………………… $ 21,223.00
Equestrian Center
Labor……….…………………………………………….. $ 24,028
Payroll Taxes……………………………………………. $ 1,975
Workman’s Comp. Insurance………………………….. $ 3,565
Electricity………..……………………………………….. $ 300
Fuel……………………………………………………….. $ 2,000
Repairs, Supplies, Small Tools and Equipment……… $ 1,500
Water and Sewer……………………………………….. $ 2,635
Porta Jon.………………………………………………... $ 1,100
Trash Collection……………………………………….… $ 1,500
Manure Removal………………………………………… $ 2,500
Contingency……………………………………………… $ 897
Other……………………………………………………… $ 0
EQUESTRIAN CENTER EXPENSE……………..…………… $ 42,000.00
Boat Slips
Maintenance Labor Transfer……………………………. $ 9,000
Insurance………………………………………………….. $ 7,500
Dock Fees………………………………………………….$ 1,640
Supplies/Repairs…………………………………………..$ 1,000
BOAT SLIP EXPENSE………………………………………… $ 19,140.00
Recreation Centers
Pool Labor………………………….……………………. $ 34,429
Payroll Taxes……………….….………………………… $ 4,918
Workman’s Comp. Insurance…………………….……. $ 2,508
Gateway Park Electricity………..……..……………….. $ 500
Gateway Park Repairs and Supplies…………………. $ 500
Gateway Park Water and Sewer…………………..….. $ 10,000
Heritage Park Repairs and Supplies………………...... $ 500
Pool #1 Electricity……………………………………….. $ 12,500
Pool #1 Repairs…………………………………………. $ 1,000
Pool #1 Supplies………………………………………… $ 4,500
Pool #1 Telephone……………………………………… $ 100
Pool #1 Water and Sewer……………………………… $ 2,977
Pool #2 Electricity……………………………………….. $ 3,300
Pool #2 Repairs…………………………………………. $ 500
Pool #2 Supplies………………………………………… $ 1,700
Pool #2 Telephone……………………………………… $ 100
Pool #2 Water and Sewer……………………………… $ 4,500
Recreation Barn Electricity……….……………………. $ 3,500
Recreation Barn Propane…………..………………….. $ 1,200
Recreation Barn Repairs……………………………….. $ 500
Recreation Barn Supplies….…………………………... $ 1,500
Recreation Barn Water and Sewer……………………. $ 2,400
Other……………………………………………………… $ 0
RV Area
Electricity………..……………………………………….. $ 2,200
Repairs….……………………………………………….. $ 1,500
Supplies……………………………………..………..….. $ 1,000
Trash Collection……………………..………………….. $ 28,944
Water and Sewer………………………………………... $ 5,000
Other……………………………………………………… $ 0
RV AREA EXPENSE…………………………………………… $ 38,644.00
TOTAL OTHER EXPENSE $ 96,500.00
TOTAL OPERATING EXPENSE……………………... $1,842,484.00
RESERVE ALLOCATION…….……………………………………………….. $ 486,860.00
CAPITAL ALLOCATION.……………………………………………………… $ 5,000.00
RESERVE STUDY SUMMARY
The Heritage Ranch Owners’ Association (Association) is a planned development. There are 2,104 lots. The following financial projection is based upon certain assumptions regarding condition, replacement costs and estimated lives of the components in this study which was prepared for the Association by Facilities Advisors, Inc., in 2010. Estimated replacement costs are based upon bids received, prior costs paid, construction cost manuals and other sources. This study is limited to the components contained herein. Certain components have been omitted as they have useful lives in excess of the scope of the study (30 years), or major repair and replacement costs are included in the operating budget. The reserve study funding plan has been calculated using a pooled cash flow method. Under this method, funding is not directly linked to any specific component, but is intended to provide adequate funding for the future estimated expenditures of all common area components considered together. Factors considered in the calculation of the funding plan are estimated interest rates, tax rates, and projected incremental increases in the regular annual assessment, which are intended to compensate for the effects of inflation. The minimum funding level is $1,000. A site inspection was performed last year on March 25, 2010. An evaluation of the Association’s common area components was made to determine the age, condition, estimated remaining life, and estimated current replacement cost. This information, combined with an inflation rate and a contingency rate have been applied to determine the timing and amount of estimated future expenditures. The maximum interest rate permitted by statue is 2% in excess of the discount rate published by the Federal Reserve Bank of San Francisco at the date of this report. The maximum rate for purposes of this funding study is 4.5%. The actual interest rate used in this reserve study is less than the maximum rate established by statue. The tax rate is calculated as an offset of interest earned for purposes of this funding calculation. Assumptions for interest earnings on invested funds is at 2.00%; the inflation rate estimated for future replacement costs is at 1.25%; the contingency factor is at 0.00%; and the applicable net income tax rate is estimated at 15.00%.
The present annual contribution to reserves beginning July 1, 2011 is $465,000.00 with additional deposits to be made from fees collected for new home construction, the equestrian center and boat slips; the present year monthly contribution to reserves is $38,750.00; and the present monthly contribution to reserves per homeowner is $18.42. The annual contribution to reserves beginning July 1, 2010 was projected to be $465,000.00. Expenses in this report are based on extension of expenses determined for previous years.
The Board of Directors has not determined to defer or not undertake repairs or replacement of any major component with a remaining life of 30 years or less. The Board of Directors has determined that, based on the reserve study, no special assessments are presently anticipated for any year covered by this study. However, actual expenditures may vary from the estimated amounts, and the variations may be material. Therefore, amounts accumulated in the reserve fund may not be adequate to meet future needs. The Board of Directors regularly updates assumptions and estimates used in the reserve study in order to have accurate financial projections of future cash needs. The Board of Directors has determined that it will use the following mechanisms to fund reserves for the repair or replacement of the Association’s common area components: Regular Assessments = yes; Special Assessments = no; Borrowing Funds = no; Use of Other Assets = no; Deferral of Selected Repairs or Replacements = no; Alternative Mechanisms = no. The mechanisms noted to fund reserves for the repair or replacement of the Association’s common area components are those that are anticipated based upon the current reserve study. It is possible that other of the mechanisms not presently anticipated may be considered at a future date. The Association has no outstanding loans with an original term of more than one year.
Assessment and Reserve Funding Disclosure Summary
For Fiscal Year Beginning: July 1, 2011
1- Current Budget
Item Total Per Lot
Reserve Contributions – Monthly $ 38,750.00 $ 18.42
Operating Budget – Monthly $ 126,653.34 $ 60.20
Contingency for Bad Debt – Monthly $ 2,500.00 $ 1.18
Capital Improvement Fund -- Monthly $ 416.66 $ 0.20
Total Per Month $ 168,320.00 $ 80.00
Total Per Year $2,019,840.00 $960.00
Note: If assessments vary by the size or type of unit, the assessments applicable to this unit may be found attached to this report. Additional reserve contributions not shown above are projected as follows: Equestrian Center = $1,000/year; Boat Slips = $20,860/year.
2- Additional regular or special assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if they have been approved by the Board and/or the Members are as follows:
Amount Per Lot Date Due Purpose Interest per month/year
N/A N/A N/A N/A
Note: If assessments vary by the size or type of unit, the assessments applicable to this unit may be found attached to this report.
3- Based upon the most recent reserve study and other information available to the Board of Directors, will currently projected reserve account balances be sufficient at the end of each year to meet the Association’s obligation for repair and/or replacement of major components during the next 30 years?
Yes.
4- If the answer to #3 above is “No”, what additional assessments or other contributions to reserves would be necessary to ensure that sufficient reserve funds will be available each year during the next 30 years that have not yet been approved by the Board and/or the Members?
Approximate Fiscal Year Assessment Will Be Due Total Amount Per Lot
N/A N/A
5- All major components are included in the reserve study and are included in its calculations. The following major components are NOT included in the existing reserve funding:
Major Component Remaining Life Reason Not Included Cost
Building Structures Unable to determine Lifetime Component Unknown
Landscaping Unable to determine Lifetime Component Unknown
Hardscape Unable to determine Lifetime Component Unknown
Underground Utilities Unable to determine Lifetime Component Unknown
6- Based on the method of calculation in paragraph (4) of subdivision (b) of Section 1365.2.5, the estimated amount required amount in the reserve fund at the end of the current fiscal year is $3,905,664.00, based in whole or in part on the last reserve study or update prepared by Facilities Advisors, Inc. as of June 30, 2010. For the Fiscal Year beginning July 1, 2011, the projected balance at the end of the current fiscal year is $1,528,757.00, resulting in reserves being 39.1 percent funded at this date. If an alternate, but generally accepted, method of calculation is also used, the required amount is N/A. (No alternate method considered.)
Note: The financial representations set forth in this summary are based on the best estimates of the preparer at that time. The estimates are subject to change.
7- Based on the method of calculation in paragraph (4) of subdivision (b) of Section 1365.2.5 of the Civil Code, the estimated amount required in the reserve fund, the projected reserve fund cash balance, and percent funded at the end of each of the next five budgeted years is shown in the table below:
Estimated Amount Required Projected Reserve Fund
Year In the Reserve Fund Cash Balance Percent Funded
06/30/11 $3,905,664 $1,528,757 39.1%
06/30/12 $4,362,088 $1,719,537 39.4%
06/30/13 $4,454,271 $1,721,340 38.6%
06/30/14 $4,849,866 $1,982,226 40.9%
06/30/15 $5,297,886 $2,152,097 40.6%
06/30/16 $4,754,220 $1,660,251 34.9%
Note: At the time this summary was prepared, the assumed long-term before tax interest earned on reserve funds was 2.00% per year, and the assumed long term inflation rate to be applied to major component repair and replacement costs was 1.25% per year. For the purposes of preparing a summary pursuant to this section: (1) “Estimated remaining useful life” means the time reasonably calculated to remain before a major component will require replacement; (2) “Major component” has the meaning used in Section 1365.5. Components with an estimated remaining useful life of more than 30 years may be included in a study as a capital asset or disregarded from the reserve calculation, so long as the decision is revealed in the reserve study report and reported in the Assessment and Reserve Funding Disclosure Summary; (3) The form set out in subdivision (a) shall accompany each pro forma operating budget or summary therefore that is delivered pursuant to this article; (4) For the purpose of the report and summary, the amount of reserves needed to be accumulated for a component at a given time shall be computed as the current cost of replacement or repair multiplied by the number of years the component has been in service divided by the useful life of the component. This shall not be construed to require the Board of Directors to fund reserves in accordance with this calculation.
RESERVE CASH FLOW ANALYSIS
Investment Earnings Ending Percent Ideal
Year Beginning Balance Income Net of Taxes Expenses Balance Funded Balance
06/30/11 $1,531,244 $465,000 $25,791 $ 493,278 $1,528,757 39.1% $3,905,664
06/30/12 $1,528,757 $482,438 $27,378 $ 319,036 $1,719,537 39.4% $4,362,088
06/30/13 $1,719,537 $500,529 $29,001 $ 527,727 $1,721,340 38,6% $4,454,271
06/30/14 $1,721,340 $519,299 $31,215 $ 289,628 $1,982,226 40.9% $4,849,866
06/30/15 $1,982,226 $538,772 $34,846 $ 403,747 $2,152,097 40.6% $5,297,886
06/30/16 $2,152,097 $558,976 $32,132 $1,082,954 $1,660,251 34.9% $4,754,220
RESOLUTION OF THE
HERITAGE RANCH OWNERS= ASSOCIATION
RE: DELINQUENT FINE POLICY AND PROCEDURE
WHEREAS, the Heritage Ranch Owners= Association=s Bylaws Article IX(d) establishes the duty and power of the Board of Directors to adopt and establish rules and regulations, including the imposition of monetary penalties and/or the suspension of voting rights and the right to use any Common Areas or Common Facilities; and
WHEREAS, the Heritage Ranch Owners= Association=s CC&Rs Article VII(d) and (e) specify the authority of the Board of Directors to make, establish, promulgate, amend and repeal the Rules and Regulations of the Association, and amend and repeal rules, regulations and criteria pertaining to the functions and decisions of the Architectural and Environmental Control Committee; and
WHEREAS, California Civil Code Section '1363 requires that if an Association adopts or has adopted a policy imposing a monetary penalty, including any fee, on any Association member for a violation of the governing documents or rules of the Association, including any monetary penalty relating to the activities of a guest or invitee of a member, the Board of Directors shall adopt and distribute to each member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the governing documents; and
WHEREAS, the Heritage Ranch Owner=s Association will enforce all CC&Rs and Rules and Regulations equitably and issue citations for violations subject to the fine schedule (Schedule of Monetary Penalties).
NOW, THEREFORE BE IT RESOLVED that the Association hereby adopts the following policies and practices in enforcing the fines against its members for their default in the payment (Minimum Fine amount of $25.00):
1. If a property owner receives a copy of a written citation attached to a ANotice To Appear@ form, it states the time and place to appear at the Violation Hearing before the Violation Hearing Officer. If a property owner receives a citation on behalf of their tenant, they may waive their right to appear in writing, by allowing the tenant to appear on the property owner’s behalf.
2. The property owner is notified in writing within 10 days after the Violation Hearing as to the decision of the Violation Hearing Officer by ANotice of Decision@.
3. If the property owner (and/or tenant) attended the Violation Hearing and/or submitted a letter as their defense, and was found guilty by the judge, the property owner (and/or tenant) may appeal the decision by written request to the Board Secretary and by paying the fine assessed within 10 days of receipt of the ANotice of Decision@. The property owner must be present on appeal, if the citations on the books of the Association at the time of the scheduled appeal are $500.00 or more.
4. If the property owner does not appeal the decision, they have 15 days after the date of the receipt of the ANotice of Decision@ in which to pay the indicated fine. If payment is not received after 15 days, a late charge penalty of $10.00 will be posted. The property owner shall receive a statement showing the balance of their account.
5. After 90 days from posting to an account, a letter inviting the delinquent property owner to a hearing will be sent (to be held no less than 20 days later) to confirm the status of the account, and consider the suspension of membership privileges. After the hearing, a ANotice of Decision@ is sent to the delinquent property owner.
6. After a property owner has their membership privileges suspended, the Association may seek a personal money judgment against the property owner for any or all monies owed after providing a “Notice of Intent” and giving the property owner fifteen (15) days to make their account current.
7. When payment is not received in full within the fifteen (15) day grace period, the Board of Directors will meet and decide to initiate a Small Claims or other action against the property owner.
8. Prior to transfer of the property through sale or foreclosure, payment for all outstanding fines will be recorded as a debt against the property.
9. The foregoing policies and practices shall remain in effect until such time as they may be changed, modified or amended by a duly adopted resolution of the Board of Directors.
BE IT FURTHER RESOLVED that within forty-five (45) to sixty (60) days prior to the beginning of each fiscal year a copy of this DELINQUENT FINE POLICY AND PROCEDURE as adopted or as may be subsequently modified and amended, shall be delivered to each of the property owners of the Association.
THIS RESOLUTION is adopted and made a part of the minutes of the Third-Quarter Board meeting of April 15, 2011 and rescinds RES10-16 adopted April 16, 2010.
BY: ATTESTED:__ _ Dan Prunk, President Steven Negro, Secretary
RES11-16
RESOLUTION OF THE
HERITAGE RANCH OWNERS’ ASSOCIATION
RE: DELINQUENT ASSESSMENT POLICY AND PROCEDURE
WHEREAS, the Heritage Ranch Owners’ Association’s CC&Rs Article V establishes the obligation, purpose, method and basis procedure for assessing each owner of a separate interest, and
WHEREAS, California Civil Code Section §1365(d) requires that homeowner association Boards of Directors shall prepare and distribute to all members a written statement describing the Association’s policies in enforcing lien rights or other legal remedies for the default in the payment of its assessments against its members.
NOW, THEREFORE BE IT RESOLVED that the Association hereby adopts the following policies and practices in enforcing the lien rights or other legal remedies against its members for their default in the payment of assessments:
Commencing July 1, 2011, the annual assessment is $960.00, payable on a quarterly basis at $240.00/quarter. Assessments are due on July 1st, October 1st, January 1st and April 1st.
1. All assessments shall be delinquent if not received within fifteen (15) days after they shall be due and shall bear a late charge penalty of $10.00. A monthly statement will be sent showing the posting of the late charge. Payments are to be made payable to: HROA, 3945 Heritage Road, Paso Robles, CA 93446.
2. After posting of the late charge penalty to an account, a letter inviting the delinquent property owner to a hearing will be sent (to be held no less than 20 days later) to confirm the status of the account, and consider the suspension of membership privileges.
3. After the hearing, a “Notice of Decision” is sent to the delinquent property owner within fifteen (15) days after the hearing date.
4. When an assessment or installment is not paid within forty-five (45) days after the “Notice of Decision” or a written request has not been sent to appeal the decision before the Board of Directors, the assessment may bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the account shall be turned over to the attorney to file a “Notice of Intent to Lien”. The attorney’s costs become part of the debt owed against the property. The “Notice of Intent to Lien” shall be sent to the delinquent property owner requesting payment in full within thirty (30) days to avoid the placement of a lien upon the property.
5. The delinquent property owner has the right to request a meeting with the Board of Directors to discuss a payment plan, by submitting a request in writing to the Board Secretary, mailed within fifteen (15) days after the postmark of the “Notice of Intent to Lien”. The Board of Directors must then schedule a meeting with the delinquent property owner within forty-five (45) days of the postmark of the delinquent property owner’s request.
6. When payment is not received in full within the thirty (30) day grace period and the delinquent property owner has not requested a meeting with the Board of Directors as stated above, the Board of Directors will meet and decide to record a lien in an open Board Meeting. A “Notice of Assessment Lien” shall then be recorded in the office of the San Luis Obispo County Recorder in accordance with the laws of the State of California. Said lien shall be handled by the attorney, and shall be for payment by the property owner of all assessments then due, any assessments thereafter accruing, and for any reasonable costs incurred in collecting the delinquent assessments (including reasonable attorney fees), late charges, and interest assessed. A copy of the recorded lien shall be sent to the property owner.
7. Should the amounts claimed by the lien not be fully paid within thirty (30) days after recordation of the lien, the Board of Directors may meet and authorize the initiation of foreclosure or in the alternative, to participate in dispute resolution pursuant to the Association’s ‘meet and confer’ program required in Civil Code Section 1363.810 et seq. This decision of the Board of Directors is an Executive Session matter. If dispute resolution is not agreed to, a demand letter shall then be sent and a “Notice of Default” shall be recorded if the account is not fully paid within fifteen (15) days after the demand letter has been sent.
8. Foreclosure proceedings commence when the “Notice of Default” is recorded. Foreclosure will result in the sale of the property and the proceeds of the sale will be applied to the payment of all delinquent assessments, and other reasonable costs incurred in collecting the delinquent assessments (including reasonable attorney fees and trustee fees and costs), late charges, and interest assessed. In the event the proceeds of the sale are not sufficient to pay said sums, a deficiency judgment may be sought against the property owner personally for any amounts not so paid.
9. Should the Association’s lien rights be destroyed or otherwise rendered unenforceable in whole or in part, then the Association may seek a personal money judgment against the property owner for all assessments, costs and attorney fees that may be due from the property owner, as incurred by or on behalf of the Association. The Association may also utilize other means of collection.
10. The foregoing policies and practices shall remain in effect until such time as they may be changed, modified or amended by a duly adopted resolution of the Board of Directors.
BE IT FURTHER RESOLVED that within thirty (30) to ninety (90) days prior to the beginning of each fiscal year a copy of this DELINQUENT ASSESSMENT POLICY AND PROCEDURE as adopted or as may be subsequently modified and amended, shall be delivered to each of the property owners of the Association as required by Civil Code Section §1365(d).
THIS RESOLUTION is adopted and made a part of the minutes of the Third-Quarter Board Meeting of April 15, 2011 and rescinds RES10-15 adopted April 16, 2010.
BY: ATTESTED:
Dan Prunk, President Steven Negro, Secretary
RES11-15
|
As of June 30, 2010 |
|
Major Component |
Estimated Useful Life in Years |
Estimated Remaining Life in Years |
Current Replacement Cost |
Allocation of Cash Actually Set Aside |
Ideal Funding, Estimate of Cash Necessary to Maintain Components |
% Funded |
|
Equipment |
1-30 |
0-21.5 |
$ 568,739 |
$ 260,592 |
$ 342,826 |
76.01% |
|
Painting |
7 |
4.8 |
$ 10,500 |
$ 3,375 |
$ 3,375 |
100.00% |
|
Fixtures |
15 |
7.7 |
$ 1,838 |
$ 75 |
$ 899 |
8.32% |
|
Roofs |
10-31 |
0.8-27.7 |
$ 21,695 |
$ 2,716 |
$ 11,426 |
23.77% |
|
Furniture - Interior |
10-25 |
0.2-21.3 |
$ 20,056 |
$ 12,522 |
$ 13,976 |
89.60% |
|
Furniture – Exterior |
10-15 |
0.8-10.8 |
$ 22,799 |
$ 11,763 |
$ 16,208 |
72.57% |
|
Tennis Courts |
5-15 |
2.5-10.2 |
$ 36,881 |
$ 4,467 |
$ 13,191 |
33.86% |
|
Structures |
15-35 |
0.5-33.7 |
$ 641,853 |
$ 124,345 |
$ 354,037 |
35.12% |
|
Vehicles |
7-15 |
0.9-8.2 |
$ 247,546 |
$ 98,952 |
$ 140,562 |
70.40% |
|
Doors |
15-25 |
2.1-21.3 |
$ 12,030 |
$ 4,677 |
$ 6,399 |
73.09% |
|
Pools |
7-15 |
1.8-9.8 |
$ 81,795 |
$ 12,679 |
$ 32,573 |
38.92% |
|
Software |
5 |
0.5 |
$ 2,231 |
$ 2,045 |
$ 2,045 |
100.00% |
|
Contingency |
4-20 |
0.1-2.8 |
$ 36,750 |
$ 29,978 |
$ 29,978 |
100.00% |
|
Fencing |
16-30 |
3-21.5 |
$ 65,207 |
$ 14,894 |
$ 36,466 |
40.84% |
|
Grounds |
20-30 |
5.8-28 |
$ 440,273 |
$ 3,365 |
$ 40,447 |
08.32% |
|
Plumbing |
15-30 |
3.7-21.4 |
$ 17,349 |
$ 2,671 |
$ 7,377 |
36.21% |
|
Lights |
6-15 |
0.7-10.8 |
$ 17,485 |
$ 6,469 |
$ 8,877 |
72.87% |
|
Wall / Floor Covering |
5-25 |
0.6-11.3 |
$ 81,907 |
$ 53,627 |
$ 58,283 |
92.01% |
|
Signs |
11-20 |
7.5-16.8 |
$ 3,047 |
$ 55 |
$ 664 |
08.32% |
|
Gates |
5-21 |
1.1-17.8 |
$ 59,850 |
$ 16,561 |
$ 21,448 |
77.22% |
|
Equipment Repair Allowance |
1 |
0.8 |
$ 5,000 |
$ 1,250 |
$ 1,250 |
100.00% |
|
Road Stripe |
7 |
3.3-4.8 |
$ 31,976 |
$ 14,028 |
$ 14,028 |
100.00% |
|
Road 1” Overlay |
15 |
1.3-13.8 |
$4,049,633 |
$ 324,954 |
$1,716,848 |
18.93% |
|
Road Slurry |
5 |
0.3-4.3 |
$ 814,941 |
$ 468,372 |
$ 468,372 |
100.00% |
|
Road 2” Overlay |
30 |
0.8-23.8 |
$1,009,188 |
$ 48,571 |
$ 306,864 |
15.83% |
|
Road Overlay |
15 |
13.3 |
$ 28,980 |
$ 281 |
$ 3,381 |
08.32% |
|
Docks |
30 |
19.8 |
$ 280,000 |
$ 7,960 |
$ 95,667 |
08.32% |
|
TOTALS |
|
|
$8,609,548 |
$1,531,244 |
$3,747,466 |
40.86% |
This notice outlines some of the rights and responsibilities of owners of property in common interest developments and the Associations that manage them. Please refer to the sections of the California Civil Code indicated for further information. A portion of the information in this notice applies only to liens recorded on or after January 1, 2003. You may wish to consult a lawyer if you dispute an assessment.
Assessments become delinquent fifteen (15) days after they are due, unless the governing documents provide for a longer time. The failure to pay Association assessments may result in the loss of an owner’s property through foreclosure. Foreclosure may occur either as a result of a court action, known as judicial foreclosure or without court action, often referred to as nonjudicial foreclosure. For liens recorded on and after January 1, 2006, an Association may not use judicial or nonjudicial foreclosure to enforce that lien if the amount of the delinquent assessments or dues, exclusive of any accelerated assessments, late charges, fees, attorney’s fees, interest and costs of collection, is less than one thousand eight hundred dollars ($1,800). For delinquent assessments or dues in excess of one thousand eight hundred dollars ($1,800) or more than twelve (12) months delinquent, an Association may use judicial or nonjudicial foreclosure subject to the conditions set forth in Section 1367.4 of the Civil Code. When using judicial or nonjudicial foreclosure, the Association records a lien on the owner’s property. The owner’s property may be sold to satisfy the lien if the amounts secured by the lien are not paid. (Sections 1366 and 1367.4 of the Civil Code) In a judicial or nonjudicial foreclosure, the Association may recover assessments, reasonable costs of collection, reasonable attorney’s fees, late charges, and interest. The Association may not use nonjudicial foreclosure to collect fines or penalties, except for costs to repair common areas damaged by an owner or an owner’s guests, if the governing documents provide for this. (Sections 1366 and 1367.1 of the Civil Code) The Association must comply with the requirements of Section 1367.1 of the Civil Code when collecting delinquent assessments. If the Association fails to follow these requirements, it may not record a lien on the owner’s property until it has satisfied those requirements. Any additional costs that result from satisfying the requirements are the responsibility of the Association. (Section 1367.1 of the Civil Code) At least thirty (30) days prior to recording a lien on an owner’s separate interest, the Association must provide the owner of record with certain documents by certified mail. Among these documents, the Association must send a description of its collection and lien enforcement procedures and the method of calculating the amount. It must also provide an itemized statement of the charges owed by the owner. An owner has a right to review the Association’s records to verify the debt. (Section 1367.1 of the Civil Code) If a lien is recorded against an owner’s property in error, the person who recorded the lien is required to record a lien release within twenty-one (21) days, and to provide an owner certain documents in this regard. (Section 1367.1 of the Civil Code) The collection practices of the Association may be governed by state and federal laws regarding fair debt collection. Penalties can be imposed for debt collection practices that violate these laws.
When an owner makes a payment, he or she may request a receipt, and the Association is required to provide it. On the receipt, the Association must indicate the date of payment and the person who received it. The Association must inform owners of a mailing address for overnight payments, which is 3945 HERITAGE ROAD, PASO ROBLES. (Section 1367.1 of the Civil Code) An owner may, but is not obligated to, pay under protest any disputed charge or sum levied by the Association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and by so doing, specifically reserve the right to contest the disputed charge or sum in court or otherwise. An owner may dispute an assessment debt by submitting a written request for dispute resolution to the Association as set forth in Article 5 (commencing with Section 1363.810) of Chapter 4 of Title 6 of Division 2 of the Civil Code. In addition, an Association may not initiate a foreclosure without participating in alternative dispute resolution with a neutral third party as set forth in Article 2 (commencing with Section 1369.510) of Chapter 7 of Title 6 of Division 2 of the Civil Code, if so requested by the owner. Binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. An owner is not liable for charges, interest, and costs of collection, if it is established that the assessment was paid properly on time. (Section 1367.1 of the Civil Code)
An owner of a separate interest that is not a time-share may request the Association to consider a payment plan to satisfy a delinquent assessment. The Association must inform owners of the standards for payment plans, if any exist. (Section 1367.1 of the Civil Code) The Board of Directors must meet with an owner who makes a proper written request for a meeting to discuss a payment plan when the owner has received a notice of a delinquent assessment. These payment plans must conform with the payment plan standards of the Association, if they exist. (Section 1367.1 of the Civil Code) An owner of an Association may provide written notice by facsimile transmission or United States mail to the Association of a secondary address. If a secondary address is provided the Association shall send any and all correspondence and legal notices required pursuant to this article to both the primary and the secondary address.
_______________________________________________________________
DISPUTE RESOLUTION
The following is a summary of HROA’s dispute resolution procedures related to an owner’s rights, duties and liabilities as provided for under the governing documents of the Association: This disclosure is made to satisfy Civil Code 1369.590. Association invoked disputes against an owner (other than related to assessments, and certain legal disputes which are subject to being processed in small claims or superior court) are either handled under the procedure provided for in the enclosed HROA Delinquent Fine Policy and Procedures, or the Architectural and Environmental Control (AEC) Approval procedures provided for in the Master CC&Rs et seq. (See below summary of REQUIREMENTS FOR PHYSICAL CHANGES TO THE EXTERIOR OF YOUR PROPERTY.) Association invoked disputes against an owner related to assessments are handled under the procedure provided for in the enclosed HROA Delinquent Assessment Policy. An owner has the right to elect not to participate in any procedure invoked by the Association, and may instead commence an action of their own against the Association directly in small claims court or in superior court. Small claims court may be used by an owner to dispute any charge or sum levied by the Association, including but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure (if the amount does not exceed the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure). Owner invoked disputes which are not related to assessments, fines or AEC approval, are processed by HROA through a written complaint form, resulting in a decision rendered by an HROA representative, which includes the right of appeal of the owner before the HROA Board of Directors, with both parties in the dispute allowed to be present. Neither the Association or an owner, may file an enforcement action in superior court for declaratory, injunctive or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure relating to enforcement of the governing documents of the development, unless the parties have endeavored to submit their dispute to Alternative Dispute Resolution (ADR). (Civil Code 1369.520) Failure of an owner of the Association to comply with the ADR requirements of Section 1369.520 of the Civil Code may result in the loss of your right to sue the Association or another owner of the Association regarding enforcement of the governing documents or the applicable law. An owner may also request an ADR process for purposes of resolving delinquent assessment issues, except as otherwise provided by law. ADR does not apply to a small claims action.
______________________________________________________________
REQUIREMENTS FOR PHYSICAL CHANGES TO THE EXTERIOR OF YOUR PROPERTY
The following requirements for Association approval of physical changes to the exterior of your property are provided (excerpts from HROA Membership Handbook and Master CC&Rs): This disclosure is made to satisfy Civil Code 1378. The CC&Rs for your Tract, supplemental to the Master CC&Rs, specify what exterior improvements and structures are allowed on your lot. All plans and specifications for any exterior improvement or structure that is to be erected on, or moved upon or to any lot, and the proposed location thereof upon any lot is subject to approval of the Association through the Architectural and Environmental Control (AEC) Committee. The AEC Committee members are volunteers, who are required to be members of HROA; and are appointed by the Board of Directors. The HROA website ‘Calendar’ lists the time and date of the AEC Committee Meetings. The AEC Committee is required to meet a minimum of twice monthly. All AEC Committee meetings are open to the membership and generally conducted in accordance with Robert’s Rules of Order. Plans submitted to the AEC Committee shall be in accordance with instructions provided for on the application form, and shall include a plot plan showing the location of the building, wall, fence or other improvement or structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material, color schemes for roofs and exteriors thereof, proposed excavation, fill and tree removal, if any, and proposed landscape planning. The AEC Committee shall approve or disapprove any submitted plans within thirty (30) days of the receipt thereof, or shall notify the person submitting them that an additional period of time, not to exceed fifteen (15) days, is required for such approval or disapproval. Plans, specifications and details not approved or disapproved within the time limits provided herein shall be deemed approved as submitted. Plans may be rejected by the AEC Committee for revisions or modifications, or if they are submitted incomplete. The decisions of the AEC Committee shall be binding, provided, however, that any owner who desires to appeal the AEC Committee’s decision may do so by filing a written request to the Association. The Board of Directors may then reject the owner’s appeal or reverse the AEC Committee’s decision and the Board of Directors’ decision shall be final.
SCHEDULE OF FEES
July 1, 2011
PUBLICATION CHARGES
|
DESCRIPTION |
COST |
UNIT |
COMMENT |
|
CC&R Book |
$ 8.00 |
Each |
|
|
Bylaw Book |
$ 8.00 |
Each |
|
|
Rules and Regulations Book |
$ 8.00 |
Each |
|
|
Membership List/Address Labels |
$ 25.00 |
Each |
One-time use, with approval. Cannot be provided on disk |
|
Individual Tract List/Address Labels |
$ 5.00 |
Each |
One-time use, with approval. Cannot be provided on disk |
|
Identification Card |
$ 10.00 |
Each |
After two (2), when Transfer or Tenant Fee paid |
|
|
$ 25.00 |
Each |
Replacement card, when lost or stolen |
|
Photocopying |
$ 0.20 |
Page |
|
|
|
$ 0.25 |
Page/Duplex |
|
|
Fax Copies |
$ 1.00 |
Page |
Outgoing |
|
|
$ 0.50 |
Page |
Incoming |
|
Escrow Package |
$ 75.00 |
Each |
Seller Requested Documents to Prospective Purchaser |
ALL CHARGES ABOVE PLUS POSTAGE IF MAILED
FACILITY (EXCLUSIVE) USE FEES
|
DESCRIPTION |
COST |
UNIT |
COMMENT |
|
Recreation Barn Rental |
$100.00 |
One-time use |
Without kitchen use |
|
|
$200.00 |
One-time use |
With kitchen use |
|
|
$150.00 |
- |
Refundable Cleaning/Damage Deposit |
|
Pavilion Rental |
$ 50.00 |
One-time use |
|
|
|
$ 75.00 |
- |
Refundable Cleaning/Damage Deposit |
|
Swimming Pool Rental (Small Pool) |
$ 50.00 |
One-time use |
|
|
|
$ 75.00 |
- |
Refundable Cleaning/Damage Deposit |
|
Boat Slip Rental |
$500.00 |
Year |
5-Year Lease Agreement |
|
|
$250.00 |
- |
Refundable Cleaning/Damage Deposit |
|
|
$ 25.00 |
Each |
Replacement Key for Gates |
|
Private Boat Dock |
$150.00 |
Year |
No new Docks allowed per Policy |
|
Campground Rental: Property Owner Rates |
$ 30.00 |
Day |
Full hook-up (2 stickered vehicles allowed) |
|
|
$ 20.00 |
Day |
Non hook-up (2 stickered vehicles allowed) |
|
Campground Rental: Guest Rates |
$ 40.00 |
Day/Vehicle |
Full hook-up (2 vehicles maximum per site) |
|
|
$ 30.00 |
Day/Vehicle |
Non hook-up (2 vehicles maximum per site) |
|
Watercraft |
$ 20.00 |
Weekday/per day |
Monday thru Thursday / Pre-registered |
|
|
$ 25.00 |
Weekday/per day |
Monday thru Thursday / Non-registered |
|
|
$ 40.00 |
Weekend |
Saturday thru Sunday / Pre-registered |
|
|
$ 50.00 |
Weekend |
Saturday thru Sunday / Non-registered |
|
|
$ 60.00 |
Weekend |
Friday thru Sunday / Pre-registered |
|
|
$ 75.00 |
Weekend |
Friday thru Sunday / Non-registered |
|
|
$ 80.00 |
Weekend |
Friday thru Monday “Holiday”/ Pre-registered |
|
|
$100.00 |
Weekend |
Friday thru Monday “Holiday”/ Non-registered |
|
Equestrian Center/Stall |
$ 50.00 |
Month |
|
|
|
$100.00 |
- |
Refundable Cleaning/Damage Deposit |
|
|
$ 10.00 |
Overnight |
Guest Horse |
CAMPGROUND CANCELLATIONS: LESS THAN 7 DAYS – NO REFUND; 7 DAYS OR MORE -- $10.00 CANCELLATION FEE
EMPTY GUEST WATERCRAFT TRAILERS WILL BE TREATED THE SAME AS IF WATERCRAFT WERE ON-BOARD AND WILL BE CHARGED THE ABOVE FEES
|
DESCRIPTION |
COST |
UNIT |
COMMENT |
|
Mowing Fees |
$ 40.00 |
Per Mowing |
Lots (up to ½ acre) |
|
Chipping Fees |
$ 45.00 |
1st 30 Minutes |
Or Minimum |
|
|
$ 45.00 |
2nd 30 Minutes |
Or Minimum (1 hour maximum allowed) |
|
Late Charges: Assessments, Equestrian, Docks |
$ 10.00 |
Each |
Assessed against each payment delinquent |
|
Late Charges for Fines |
$ 10.00 |
Each |
Assessed against each fine delinquent |
|
RV Trash Area Fee |
$ 12.00 |
Month |
Payable Qrtly: January 1, April 1, July 1 & October 1 |
|
|
$ 15.00 |
Each |
Key Replacement for Trash Area |
|
Tenant Fee |
$ 100.00* |
Each |
Non-Refundable – per tenant |
|
|
$ 500.00 |
- |
Refundable HROA Property Damage Deposit |
|
|
$ 100.00 |
Each |
Failure to retrieve vehicle/vessel decals – tenant moves |
|
New Property Owner Transfer Fee |
$ 95.00 |
Each |
Paid through escrow |
|
Insufficient Funds/Returned Check Charge |
$ 35.00 |
Each |
|
|
New Home Construction Fee |
$ 500.00 |
Each |
Non-Refundable |
|
|
$2,500.00 |
- |
Refundable HROA Completion Deposit |
|
|
$ 50.00 |
Each |
Re-inspection, Home Sales or Extension Fee |
|
Dumpster Service at Maintenance |
$ 30.00 |
Per Cubic Yard |
Average of 1-2 cubic yards in small pickup |
|
Gate Remote Controls |
$ 50.00 |
Each |
|
*A $25.00 INTERNAL CREDIT IS PROVIDED TO TENANTS IF THEY MOVE TO ANOTHER PROPERTY ON THE RANCH
SCHEDULE OF MONETARY PENALTIES
July 1, 2011
All CC&Rs and Association Rules and Regulations will be enforced equitably by the Board of Directors and staff. The process of enforcement may involve any combination of corrective, restrictive or financial measures. This Schedule of Monetary Penalties has been adopted by the Board of Directors as the current enforcement policy. Corrective Measures: The Association has the right to correct certain property violations on lots within Heritage Ranch and bill the property owner after proper notice has been given. The Association has the right to bill the responsible property owner for repairs for damages caused to Heritage Ranch property by any owner, their tenant(s) or their guest(s). Restrictive Measures: The Association has the right to deny entry to any guest deemed to be a nuisance or threat to the community. The Association has the right to deny use of any or all amenities to any owner (member), tenant or guest deemed to be a nuisance or threat to the community, or whose privileges are revoked for non-payment of monies owed. Financial Measures: The Association has the right to issue citations for violations of any CC&R provision, Rule or Regulation and after a hearing, assess such fines according to the following schedule and/or deny use of any or all amenities to any owner (member), tenant or guest for any owner (member) who’s privileges are revoked:
RULES AND REGULATIONS, AND CC&R CITATION SCHEDULE
|
Rule or Regulation |
Description -- Refer to the HROA Membership Handbook (Rules & Regulations) for detailed information |
Fine Amount |
|
Illegal Tenant |
2.02.04 -- Occupancy in owner’s residence without adhering to Tenant Policy |
$300.00 |
|
Illegal Entry |
2.03.02, 2.04.01-3 -- Unauthorized entry is prohibited |
$ 50.00 |
|
Aiding Illegal Entry |
2.03.02, 2.04.01-3 -- Aiding and abetting unauthorized entry is prohibited |
$250.00 |
|
Altering Common Area |
3.01.09 -- No altering of the common area without permission of the Association |
$500.00* |
|
Curfew for Minors |
2.05.04 -- Minor may not be out after 11 pm Friday-Saturday; or 10 pm Sunday-Thursday |
$ 25.00 |
|
Disturbing the Peace |
2.05.05 -- Disturbing or disrupting peace of others prohibited. Unreasonable annoyance on lot or common area. |
$150.00 |
|
Firearms and Weapons |
2.05.06 -- Use (discharging) and unauthorized carrying of a firearm (loaded or concealed), pellet, pump or BB guns prohibited on common area |
$500.00 |
|
Open Fire where not allowed |
2.05.07 -- No open fire allowed. Fires in designated campground bbq pits only, as specified |
$100.00 |
|
Fireworks |
2.05.08 – Use of fireworks on the Ranch is prohibited |
$500.00 to $1,000.00 |
|
Home Occupation |
2.05.09 – Business out of home not in compliance |
$ 25.00 |
|
Illegal Dumping In Common Areas |
2.05.10 -- No dumping of any kind allowed, expense of removal added to fine |
$500.00* |
|
Indecent Exposure / Public Urination |
2.05.11 -- Acts of Exposure and/or Public Urination |
$500.00 |
|
Livestock and Equine |
2.05.12 – Animal loose on Ranch |
$ 25.00 |
|
Minor/Possessing Alcohol |
2.05.13 -- Minor may not partake of alcoholic beverage in public |
$100.00 |
|
Adult Furnishing Alcohol to Minor |
2.05.14 – Adult may not furnish a minor (under age twenty-one (21)) an alcoholic beverage on RANCH property |
$100.00 |
|
Noise Curfew |
2.05.15 – Loud Noise or amplified music on the RANCH between 10 pm and 6 am |
$ 25.00 |
|
Contractor’s Dog |
2.05.16 -- A contractor is not allowed to bring their dog onto Ranch property |
$ 50.00 |
|
Impounding of Dog |
2.05.16 -- A dog that is held by the Association for any period of time (per each 24 hour period, or minimum) |
$ 50.00 |
|
Barking or Nuisance Animal |
2.05.16 -- Dog continuous barking, owner not cleaning up after dog, or other nuisance |
$ 50.00 |
|
Animal Regulation |
2.05.16, 5.01.04 -- Number and type of pets authorized, unattended dog at campground |
$ 50.00 |
|
Unleashed Dog |
2.05.16, 5.01.04 -- Unleashed dog in common area is prohibited |
$ 50.00 |
|
No Soliciting |
2.05.17 -- No door-to-door disturbance/sales |
$ 25.00 |
|
Theft of Property |
2.05.18 -- Found in possession of stolen goods while on Ranch property |
$1,000.00 |
|
Vandalism, Graffiti, Littering |
2.05.19 -- Acts of vandalism or graffiti that causes damage, or littering |
$100.00 to $1,000.00* |
|
Disturbing Wildlife |
2.05.20 -- Wildlife shall not be disturbed or removed |
$100.00 |
|
Intentional Cruelty to Wildlife |
2.05.20 -- Anyone caught inflicting harm or destroying wildlife species |
$500.00 |
|
Lot – Weeds / Debris |
2.06.09 – Lots general clean-up and mowed for fire season |
$ 25.00 |
|
Refuse Containers / Appliances |
2.07.01 -- Containers/Appliances not to be put out before 6 am day before or past 6 am day after collection |
$ 25.00 |
|
Vehicle Not in HROA System |
3.01.01 -- Vehicle must be registered to an owner’s property on the Ranch (plus cost to trace for identification if the vehicle needs to be traced for a violation) |
$ 50.00* |
|
Member Lane Expired Decal |
3.01.02, 3.02.02 – Member Lane for current vehicle and vessel decals only |
$ 50.00 |
|
Off-Road Vehicle |
3.01.03-4 -- No “off-road vehicle” allowed on roads or common area |
$100.00 |
|
Unlicensed Driver |
3.01.05 -- Operation of vehicle (motor, electric or battery) have valid license |
$100.00 |
|
Excessive Speed |
3.01.06 -- Operation of vehicle (motor, electric or battery) observe speed limits |
$ 50.00 |
|
Excessive Speed in School Zone |
3.01.06 -- Operation of vehicle (motor, electric or battery) dangerous in School Zone. Speeds of 25-35 mph = $70.00 per incident; over 35 mph = $100.00 per incident |
$ 70.00 to $100.00 |
|
Failure to Stop |
3.01.07 -- Operation of vehicle (motor, electric or battery) complete stop |
$ 50.00 |
|
Unsafe Driving |
3.01.08 -- Operation of vehicle (motor or battery) dangerous or unsafe |
$100.00 |
|
Driving/Parking in Common Area/Trails |
3.01.09 -- Vehicle driving or parking on open space common area (non-designated roadways) $100.00 common area; $250.00 trails |
$100.00 to $250.00 |
|
Driving/Defacing Common Area |
3.01.09 -- Vehicle defacing or trail blazing in common area, or damage to roads |
$500.00* |
|
Driving While Intoxicated |
3.01.10 -- Arrested (and convicted) by Law Enforcement on common area with HROA Security assistance |
$500.00 |
|
Failure to Stop for Security |
3.01.11 – Failure to stop as directed by rotating amber light / blue light on Security vehicle |
$ 25.00 |
|
Reckless Driving |
3.01.12 -- Used when there are three or more simultaneous/consecutive driving violations in the same incident |
$500.00 |
|
Vessel Not in HROA System |
3.02.01 -- Vessel must be registered to an owner’s property on the Ranch (plus cost to trace for identification if the vessel needs to be traced for a violation) |
$ 50.00* |
|
Non-payment of Usage Fees |
3.02.03, 5.07 -- Use of facilities (exclusive) without payment of fees (plus cost of fees) |
$ 25.00* |
|
Parking Violation/Handicap |
3.03.01 -- Vehicle parked in designated handicap space without appropriate identification |
$250.00 |
|
Parking Violation |
3.03.02-6, 3.03.12-13 -- Vehicle parked not to interfere with traffic. No double parking (parking adjacent to another vehicle). Vehicle in no parking area. Oversized vehicle restrictions. Vehicle parked on common area with intent for sale. Vehicle must be parked in designated spaces in paved parking lots. Vehicle parking within the Association’s unpaved portion of the right-of-way (off the road surface) is intended for temporary purposes only not to exceed 72 consecutive hours without moving (does not include the front yard setback maintained by the property owner). |
$ 25.00 |
|
Storing of Vessel / Trailer, Camper, RV |
3.03.07-10 -- Parking, storing of vessel / trailer, camper or RV not within regulations |
$ 25.00 |
|
Lot – Stripped/Junked/ In-op Vehicle |
3.03.11 -- No stripped down, junked vehicle parked or stored |
$ 25.00 |
|
Storing in Road Right-of-Way / Common Area |
3.03.13 – Parking in unpaved areas restricted to seventy-two (72) hours. After seventy-two (72) hours considered storing |
$ 50.00 |
|
Driving/Parking on Vacant Lot |
3.03.14 -- Vehicle driving or parking on owner’s vacant lot |
$ 25.00 |
|
Lot – AEC Violation |
4.01.01, 4, 5, 14 – Maintain job site; or project completion deadline; or minimum number of trees required |
$ 25.00 |
|
AEC – New Home Construction |
4.01.01 -- New home construction must receive approval from AEC Committee prior to commencing work |
$500.00 |
|
AEC – General Approval |
4.01.01 -- Construction that must receive approval subject to a fine if commenced prior to approval being granted |
$100.00 |
|
AEC – Construction |
4.01.01 -- Failure to contain construction activities within the lot |
$100.00 |
|
Lot -- Construction Curfew |
4.01.02 -- Construction hours 7 am-9 pm, Saturday-Sunday 8 am-5 pm |
$ 25.00 |
|
AEC – Portable Toilet |
4.01.04 -- A portable toilet is required on the job site during new home construction |
$ 50.00 |
|
AEC – Dumpster |
4.01.04 -- A ‘dumpster’ (or trash trailer) is required on job site during new home construction |
$ 50.00 |
|
Lot – Maintain Road Easement |
4.01.06 – Unpaved road easement to be maintained by owner |
$ 50.00 |
|
Lot – Accessory Building |
4.01.08-13 – Accessory Building / Outbuilding regulations |
$ 25.00 |
|
Lot – Canopy |
4.02.02 – Canopies must be within regulations |
$ 25.00 |
|
Lot -- Illegal Sign |
4.02.06 -- Display of unauthorized signage |
$ 25.00 |
|
Lot – Groundcover / Landscape |
4.03.04, 5, 7, 8 – Landscaping must be maintained including front easement and a minimum of three trees |
$ 25.00 |
|
Lot – Address Numbers Required |
4.04.01 -- Lot to have address numbers visibly displayed |
$ 25.00 |
|
Lot – Trash, Rubbish, Garbage |
4.04.02 -- No trash, rubbish, garbage to be left on lot |
$ 25.00 |
|
Campground – Violation |
5.01.01 – Use of campgrounds to be within regulations |
$ 25.00 |
|
Campground – Illegal Fire or BBQ |
5.01.03 – Illegal fire or BBQ in campground area |
$100.00 |
|
Marina -- Canopies |
5.03.01 -- May not be erected overnight between 2 am and 5 am |
$ 50.00 |
|
Marina -- Courtesy Dock/Launch Ramp/Boat Slips |
5.03.02-4 -- No fishing, jumping, diving, swimming, loitering or bicycling on or around courtesy dock, launch ramp or boat slips |
$100.00 |
|
Marina -- Parking |
5.03.06 -- Vehicle parked in Marina area without current decal |
$ 50.00 |
|
Marina -- Private Dock |
5.03.07 – Private dock violation. See ‘Private Dock Policy’ |
$100.00 |
|
Marina – Watercraft on Shore |
5.03.08 – Watercraft may temporarily be left on shore |
$ 25.00 |
|
Pool, Court, Park, Play |
5.04, 5.05, 5.06 – Violation of posted or written rules |
$ 25.00 |
|
Equestrian Rules |
5.07.01 -- See Equestrian Rule Book |
Varies |
|
Abuse of HR Employee |
Vulgar, profane, abusive or threatening language or gesture toward an HROA employee |
$250.00 |
|
Contempt of Court |
Judge may double any fine for a person who is contempt in court proceedings |
Varies |
|
- |
All other violations in Membership Handbook (Rules & Regulations) or CC&Rs. |
$25.00 |
* Fine in addition to any cost of repair, cost of removal, cost to trace vehicle or vessel, or cost of fees not paid
ASSOCIATION’S POLICIES OF INSURANCE
This summary of the Association’s policies of insurance provides only certain information, as required by subdivision (f) of Section 1365 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance.
Any Association owner may, upon request and provision of reasonable notice, review the Association’s insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the Association maintains the policies of insurance specified in this summary, the Association’s policies of insurance do not cover your property, including personal property, or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association owners should consult with their individual insurance broker or agent for appropriate additional coverage.
The Association also recommends that you inquire about Loss Assessment Coverage. The cost or an endorsement for loss assessments is very minimal and provides protection to individual owners for any extraordinary special assessments, such as excess liability over the Association’s insurance proceeds or an extraordinary expense incurred by the Association, allocated to the owners, through a special assessment (such as special assessments to pay for rebuilding costs, which exceed insurance proceeds from an earthquake or fire loss to common properties). The extent of liability coverage carried by your Association is as follows:
|
INSURANCE |
CARRIER |
LIMITS |
DEDUCTIBLE Per Claim |
EXPIRATION |
|
General Hazard |
ResortGuard/ New Hampshire |
$ 2,175,625 |
$ 1,000 |
07/01/11 |
|
General Liability including Marina & Owned Watercraft |
“ “ |
$1,000,000 |
$ 1,000 applies only to Liquor Liability and Employee Benefits Liability |
“ |
|
Automobile a) Liability b) Phys Dmg |
“ “ |
a)$1,000,000 b)Actual Cash Value |
a) none b) $1,000 |
“ |
|
Owned Watercraft Physical Damage |
“ “ |
$ 6,500 |
$ 1,000 |
“ |
|
Docks, Slips |
“ “ |
$ 250,000 |
$ 1,000 |
“ |
|
Directors & Officers Liability |
CNA |
$ 2,000,000 |
$25,000 |
“ |
|
Excess Liability over General, Auto, & D&O |
ResortGuard/ New Hampshire |
$10,000,000 |
none |
“ |
|
Volunteers Accident Pol. |
National Union |
$ 500,000 |
$ 100 |
“ |
|
Employee Dishonesty |
CNA |
$ 50,000 |
$ 1,000 |
“ |
|
Pollution Liability |
Endurance |
$ 1,000,000 |
$10,000 |
“ |
Earthquake & Flood Insurance: not purchased.
|
INVASIVE MUSSEL WATERCRAFT INSPECTIONS
This year, San Luis Obispo (SLO) County and Monterey County are working in collaboration to require all watercraft on Lake Nacimiento be inspected by a certified screener every two (2) weeks. A certified screener MUST sign the 2011 INSPECTION FORM.
Certified screeners will be stationed at Lake Nacimiento Resort at the public launch ramp. HROA is working on setting up a screening station at Heritage Ranch which is proposed to be at the Oak Hill Market parking lot on Heritage Loop Road. All guest watercraft MUST have the 2011 INSPECTION FORM issued from SLO County before they will be checked in at either Gatehouse.
Enforcement on the lake may result in a citation of $2,000.00
|