Page 2 - August 2019 web

PRESIDENT’S CORNER, August 2019

A few months ago, the Board posted a political cause free of charges for use fees, few questionable
proposed rule to tailor the provisions of Civil deposits, liability insurance, etc. Members and statements in our “Election
Code Section 4515 to The Club at Westpark. residents can invite guests, but not open the Policies” template located
Unfortunately, it was not well received, and a events up to the public at large. The law also in the “Policies, Rules, &
number of comments both written and verbal allows for reasonable restrictions on the hours Guidelines.” Our attorney
claimed that its purpose and application to the and manner of these meetings (note that in the is reviewing that template
community had not been explained. So let me actual language of the law, the word for possible changes
try to resolve that. “reasonable” is used six times). Of course, the Bob Blanton,
word “reasonable,” like “beauty,” is in the eyes After we posted the President
Authored by California Senator Bob of the beholder, and is subject to interpretation. Proposed Rule for 4515, we
Wieckowski, SB 407, codified as Civil Code So, we rely on our attorney to draft language to also received a number of written and verbal
Section 4515, was adopted into law in 2016, tailor the rules for our community that will comments from various individuals and SIGs
and took effect on January 1, 2018. The stand the litmus test of a judicial review. claiming they’d been unfairly targeted by the
purpose of this law is to provide for free-speech Board, and that this rule would negatively
protections to members and residents of The issue for our community is not the impact the SIG’s pursuit of its focus and
community associations. A copy of the actual availability of The Retreat for “free speech” purpose. We, frankly, were surprised by these
language of the law is posted on the following events. The Association has always welcomed comments. When we were drafting the rule we
page. individuals and groups to host events of all were focused on the individual members and
kinds. The challenge is that the law provides residents of the community, not the SIGs, and
According to the law’s summary, "This bill no limitation on such events without specific certainly not any specific SIG. The SIGs have
would provide that the governing documents, rules being adopted, allows them in any part of their own set of rules, and, as I’ve already
including bylaws and operating rules, of a the common area, and states they must be free stated, there is no language in the PRG that
residential common interest development may of all charges. For example, without rules, a restricts them from any provision offered by
not prohibit a member or resident of a common member or resident could host a rally in the Sec 4515. When you read the text of Sec 4515
interest development from engaging in certain parking lot, which would impede traffic and you can see that it only addresses members,
activities, including peacefully assembling or create a safety risk. Without a rule in place, residents, guests and invitees. There’s no
meeting during reasonable hours and in a applicable laws would not allow staff to mention of SIGs or any other type of social or
reasonable manner for purposes relating to prevent that. A few members or residents hobby themed clubs. And that may simply be
common interest development living, might want to host an event with alcohol, but the result of the bill’s author not having any
association elections, legislation, election to the law does not allow the Association to familiarity with a large HOA’s social
public office, or the initiative, referendum, or require insurance be provided by the event infrastructure.
recall processes. The bill would prohibit a hosts. These are all issues that can be
member or resident of a common interest reasonably addressed in advance, but it requires What we need to do next is establish procedural
development from being required to pay a fee, rules to do so and to ensure The Retreat can be rules and guidelines for our staff to use when
make a deposit, obtain liability insurance, or fully utilized in accordance with the law, and in processing requests by members or residents
pay the premium or deductible on the an orderly fashion. for use of the Retreat based on the provisions of
association's insurance policy to use the Sec 4515. We’ll be discussing that as an agenda
st
association's common area for these activities.” Also note that the language of the law states item at our next open meeting on August 21 .
Additionally, our directives may not bar a that “The governing documents…shall not
member or resident from canvassing, prohibit a member or resident…from doing any The bottom line is that the Board fully supports
petitioning or distributing information to other of the following.” In other words, this law does the intent, spirit and provisions of Sec 4515,
owners in the community about matters of not require us to create new rules, but rather we and wants everyone to be aware of its
public concern or that relate to the community must ensure that any current or future rules protections, and feel welcome to exercise its
or our HOA. adopted by our association are consistent with provisions if they so desire.
the protections of Sec 4515. So we reviewed
For example, a member could host a rally or our directives for any conflicts with the
presentation at The Retreat to support a provisions of Sec 4515, and could only find a

A reminder about operation of the HOA
The day-to-day operations of the HOA are managed by Ashley Brandt, our onsite Director of Operations, and her team. Compliance, financial reporting, and quarterly assessments are managed by
Pamela Ciapessoni and her team at Riverside Management and Financial Services, Inc. Both the Director of Operations and Riverside are engaged by and work at the will of the Board of Directors.
The Board is responsible for their management. Please contact Ashley or Pamela first, if you have issues you feel need to be addressed.
If you feel that the matter needs to be brought to the Board’s attention, please send an email to boardofdirectors@tcwp.net. The email will be received by the Board President, Ashley Brandt, and
Pamela Ciapessoni of Riverside Management. All correspondence is included in the quarterly Board packet for review at the next Board meeting. A member in good standing can ask for a private
meeting with the Board to discuss personal matters.
August 2019 Page 2