RESOLUTION OF THE
HERITAGE RANCH OWNERS’ ASSOCIATION
RE: EQUESTRIAN CENTER REVOKED PRIVILEGES POLICY AND PROCEDURES
WHEREAS, the Heritage Ranch Owners’ Association (HROA) Bylaws, Article IX, Section 1 (d) provide for the right of the HROA Board of Directors to adopt and establish rules and regulations governing the use of the Common Areas, and the personal conduct of the Members and their guests thereon, and to take such steps as it deems necessary for the enforcement of such rules and regulations, including the right to use any Common Areas or Common Facilities, providing notice and a hearing are provided, and
WHEREAS, the HROA Board of Directors has adopted specific rules intended to govern the use of the Equestrian Center which are formally referred to as the EQUESTRIAN CENTER RULES, REGULATIONS & CODE OF CONDUCT & APPLICATION AGREEMENT, and will hereafter in this document, be referred to as the Equestrian Center Rules, and
WHEREAS, it is expected that all persons using and visiting the Equestrian Center are to abide by the Equestrian Center Rules, and
WHEREAS, the Heritage Ranch Owners’ Association’s Master Covenants, Conditions and Restrictions (CC&Rs), Article IV, Section 1 (c) provide for the right of the HROA Board of Directors to suspend use privileges of a Member for a period not to exceed thirty (30) days for any single infraction of the Heritage Ranch Rules, and
WHEREAS, the HROA Schedule of Monetary Penalties includes a provision which states that 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 any monies owed, and
WHEREAS, California Corporations Code Section §7341 specifies the minimum requirements necessary to consider expulsion, suspension or termination of membership privileges, and
WHEREAS, the Equestrian Center is primarily an exclusive use amenity in regards to the stabling of horses owned and maintained by others, and
WHEREAS, horseback riding, the handling of a horse or being in close proximity to a horse is an inherently dangerous activity which involves risk to persons, animals and property, and
WHEREAS, a person who materially violates the Equestrian Center Rules or otherwise engages in potentially dangerous behavior may be subject to suspension or expulsion from the Equestrian Center to avoid potential risk or harm to other persons and animals, and
WHEREAS, a person who uses the Equestrian Center who habitually neglects their horse, or where the horse is so dangerous as to potentially cause harm to other persons or horses, may be subject to a demand for the horse to be removed from the Equestrian Center, and
WHEREAS, use of the Equestrian Center is also subject to the (sponsor) Member being in good standing with HROA which includes the Member’s account being current for all monies owing HROA, and
WHEREAS, the HROA has an established DELINQUENT ASSESSMENT POLICY AND PROCEDURE which pertains to the use of HROA Common Areas, including the Equestrian Center, and is expected to be followed in relation to any delinquency in assessments owed to HROA with the understanding that continued non-payment may ultimately require relinquishment of a paddock space and removal of a horse from the premises within a minimum of fifteen (15) days of notice, and
WHEREAS, the HROA has an established DELINQUENT FINE POLICY AND PROCEDURE which pertains to the use of the HROA Common Areas, including the Equestrian Center, and is expected to be followed in relation to any delinquency in fines owed to HROA with the understanding that continued non-payment may ultimately require relinquishment of a paddock space and removal of a horse from the premises within a minimum of fifteen (15) days of notice, and
WHEREAS, the use of the Equestrian Center includes a usage fee(s) owing to the HROA for each horse stabled at the Equestrian Center, and
WHEREAS, the use of the Equestrian Center is also subject to proof of an insurance policy, to be provided by each owner of a horse, which is to be maintained in the owner’s name on file at the HROA Office.
NOW, THEREFORE BE IT RESOLVED that the Association hereby adopts the following:
NON-PAYMENT OF USAGE FEES
This section applies to Equestrian Center Members only. Commencing July 1st of each year the HROA Board of Directors shall set the usage fee owing for use of the facilities which includes assigned paddock spaces in the Equestrian Center for the Equestrian Center Members exclusive use, with the usage fee payable on a monthly basis and due on the 1st of each month.
1. All usage fees 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 late charge penalties to an account for at least three (3) monthly payments owed, a letter inviting the delinquent Equestrian Center Member 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 in the Equestrian Center.
3. After the hearing, a “Notice of Decision” is sent to the delinquent Equestrian Center Member within fifteen (15) days after the hearing date. If the Equestrian Center Member is found guilty, the “Notice of Decision” will require payment in full or relinquishment of the paddock space and removal of the horse from the Equestrian Center within fifteen (15) days from the date of the letter.
4. The delinquent Equestrian Center Member has the right to request an Appeal hearing with the Board of Directors by submitting a request in writing to the Board Secretary, mailed within fifteen (15) days from the date of the “Notice of Decision” letter, and by paying the disputed amount under protest.
5. After the Appeal hearing, a “Notice of Decision” from the HROA Board of Directors is sent to the delinquent Equestrian Center Member within fifteen (15) days after the Appeal hearing date. If the Equestrian Center Member is found guilty, the disputed amount paid will be used to satisfy the debt.
5. The Association may seek a personal money judgment against an Equestrian Center Member for all fees that may be due after a hearing is conducted. The Association may also utilize other means of collection, including a lien on the animal for all unpaid charges due to HROA.
NUISANCE OR THREAT TO THE COMMUNITY / DANGEROUS ANIMAL
This section applies to Equestrian Center Members, and all other Members, Tenants and Guests.
1. All persons are expected to conduct themselves in a manner that they do not become a liability to others by recklessly disregarding the Equestrian Center Rules or general safety while in the Equestrian Center.
2. All persons are expected to properly care for their horses. Any horse considered to be habitually neglected or dangerous is subject to removal from the premises.
3. If the Equestrian Committee becomes aware that a person in the Equestrian Center is acting in a manner so as to recklessly cause harm to themselves, or to other persons or horses, or if the Equestrian Committee determines that a horse in the Equestrian Center is being habitually neglected or is dangerous so as to potentially cause harm to other persons or horses, and in either scenario the person does not correct their behavior once notified by the Equestrian Committee or HROA Security / Code Enforcement, the HROA Office is to place the matter on the agenda for the appropriate owner and/or tenant to appear before the HROA Board of Directors.
4. If the matter is not considered an emergency, the HROA Office will send a letter inviting the owner and/or tenant to a hearing before the HROA Board of Directors in Executive Session, which will be sent (to be held no less than 20 days later) to consider the suspension or expulsion of membership privileges in the Equestrian Center (or of the guest), which may include relinquishment of the paddock space and/or removal of the horse from the premises. The Equestrian Committee and/or the HROA Security / Code Enforcement representation shall be invited to the hearing and each party will be given time to present their case.
5. If the matter is an emergency, the HROA Board of Directors may be requested to convene in Emergency Session and conduct a hearing with shorter notice to all parties.
6. After the hearing, a “Notice of Decision” is sent to the owner and/or tenant within fifteen (15) days after the hearing date, or in the case of an emergency the owner and/or tenant will be notified of the HROA Board’s decision immediately following the hearing. If the owner or tenant (or their guest) is found guilty, they may have their Equestrian privileges suspended or revoked including be given a specified time frame, determined by the HROA Board of Directors, in which to relinquish the paddock space and/or remove their horse from the premises.
LAPSE IN INSURANCE COVERAGE BY OWNER
This section applies to Equestrian Center Members. The owner of any horse stabled at the Equestrian Center is required to maintain a current insurance policy and have on file at the HROA Office evidence of that current insurance policy which shows a minimum of $300,000 personal liability insurance.
1. If the HROA Office becomes aware that an owner of any horse in the Equestrian Center does not have a valid current liability insurance policy on file at the HROA Office, they are to be immediately contacted and provided a minimum of seventy-two (72) hours to cure the policy lapse or potential policy lapse by providing proof of a current liability insurance policy.
2. If an owner of any horse fails to cure their policy lapse or otherwise provide proof of current insurance within the time-frame provided for, or otherwise habitually fails to provide a current policy when due or requested, the HROA Office is to request the matter be placed on the agenda for the appropriate owner and/or tenant to appear before the HROA Board of Directors.
3. The HROA Office will send a letter inviting the owner and/or tenant to a hearing before the HROA Board of Directors in Executive Session, which will be sent (to be held no less than 20 days later) to consider the suspension or expulsion of membership privileges in the Equestrian Center (or of the guest), which may include relinquishment of the paddock space, and/or removal of the horse from the premises.
4. After the hearing, a “Notice of Decision” is sent to the owner and/or tenant within fifteen (15) days after the hearing date. If the owner or tenant is found guilty, they may be given a specified time frame, determined by the HROA Board of Directors, in which to cure the insurance deficiency or relinquish the paddock space and/or remove their horse from the premises.
BANNING OF UNCONTROLLED DOGS
This section applies to Equestrian Center Members, and all other Members, Tenants and Guests.
1. All persons are expected to follow all rules related to their dogs when in the Equestrian Center.
2. If the Equestrian Committee and/or HROA Security / Code Enforcement representative determines that a person habitually neglects the rules related to their dog(s), they are to notify the HROA Office to request the appropriate owner and/or tenant to appear before the HROA Violation Hearing Officer. The hearing may be in conjunction with a citation being issued, but the banning of the dog being allowed in the Equestrian Center is to be considered as a separate action, and shall not be for more than thirty (30) days for each citation issued on file at the HROA Office.
3. If the Equestrian Committee and/or HROA Security / Code Enforcement representative determines that a dog is so dangerous as to potentially cause harm to other persons or horses, they are to notify the HROA Office to request the appropriate owner and/or tenant to appear before the HROA Violation Hearing Officer. If the hearing is in conjunction with a citation being issued, the banning of the dog from the Equestrian Center is to be considered as a separate action, and may be permanent depending on the seriousness of the issue.
3. The HROA Office will send a letter inviting the owner and/or tenant to a hearing before the Violation Hearing Officer, which will be sent (to be held no less than 20 days later) to consider the temporary or permanent banning of the dog from the Equestrian Center. The Equestrian Committee and/or HROA Security / Code Enforcement representative shall be invited to the hearing and each party will be given time to present their case.
4. After the hearing, a “Notice of Decision” is sent to the owner and/or tenant within fifteen (15) days after the hearing date.
5. The owner and/or tenant has the right to request an Appeal hearing with the HROA Board of Directors by submitting a request in writing to the Board Secretary, mailed within fifteen (15) days from the date of the “Notice of Decision” letter, and by paying the disputed amount under protest.
6. After the Appeal hearing, a “Notice of Decision” from the HROA Board of Directors is sent to the owner and/or tenant within fifteen (15) days after the Appeal hearing date.
DRIVING PRIVLEGES IN THE EQUESTRIAN CENTER SUSPENDED
This section applies to Equestrian Center Members, and all other Members, Tenants and Guests.
1. All persons are expected to observe all speed limits when in the Equestrian Center.
2. If the Equestrian Committee and/or HROA Security / Code Enforcement representative determines that a person habitually neglects the rules related to their vehicle while in the Equestrian Center, they are to notify the HROA Office to request the appropriate owner and/or tenant to appear before the HROA Violation Hearing Officer. If the hearing is in conjunction with a citation being issued, the suspension of driving in the Equestrian Center is to be considered as a separate action, and shall not be for more than thirty (30) days for each citation issued on file at the HROA Office.
3. The HROA Office will send a letter inviting the owner and/or tenant to a hearing before the HROA Violation Hearing Officer, which will be sent (to be held no less than 20 days later) to consider suspending their driving privileges in the Equestrian Center. The Equestrian Committee and/or HROA Security / Code Enforcement representative shall be invited to the hearing and each party will be given time to present their case.
4. After the hearing, a “Notice of Decision” is sent to the owner and/or tenant within fifteen (15) days after the hearing date.
5. The owner and/or tenant has the right to request an Appeal hearing with the HROA Board of Directors by submitting a request in writing to the Board Secretary, mailed within fifteen (15) days from the date of the “Notice of Decision” letter, and by paying the disputed amount under protest.
6. After the Appeal hearing, a “Notice of Decision” from the HROA Board of Directors is sent to the owner and/or tenant within fifteen (15) days after the Appeal hearing date.
BE IT FURTHER RESOLVED that within thirty (30) to ninety (90) days prior to the beginning of each fiscal year a copy of any changes to this EQUESTRIAN CENTER REVOKED PRIVILEGES POLICY as 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.
By: __________________________________
Dan Prunk, President
Attested: __________________________________
Steven Negro, Secretary