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The Davis-Stirling Act - It Is The Law
Common interest developments were first regulated in California in 1963 with the passage of the California Condominium Act. However, the laws affecting homeowners associations were scattered throughout the Corporations Code and the Civil Code and did not adequately address the unique issues posed by community associations.
Through the efforts of Assemblyman Lawrence W. Stirling and law professor Katherine Rosenberry, a comprehensive body of law governing common interest developments was drafted in 1985 and became known as the Davis-Stirling Common Interest Development Act. The Act went into effect January 1, 1986 as Civil Code §§1350-1378.
The Davis-Stirling Act applies to all common interest developments in California, including those in existence prior to the Act.
[The Davis-Stirling] Act governs common interest developments that predate its enactment. Nahrstedt v. Lakeside Village (1994) 8 Cal.4th 361, fn. 8.
Although Villa De Las Palmas was created prior to the enactment of the Davis-Stirling Act, the Act applies to common interest developments in existence prior to its enactment. Villa De Las Palmas v. Terifaj (2004) 33 Cal.4th 73, 95, fn.2.
The Davis-Stirling Act by its own terms applies to all common interest developments, even those that were created before the Act was adopted. Bear Creek v. Edwards (2005) 130 Cal.App.4th 1470, 1480.
Corporations Code. The Davis-Stirling Act applies to all common interest developments in California. In addition, the Corporations Code applies to all incorporated associations. From time to time, there are conflicts between governing documents and statutes which can be resolved using established rules of interpretation.
In an interview with Wendy Bucknum, Larry Stirling describes how the Davis-Stirling Act came into existence and the purpose of the Act.
Read more: Davis-Stirling Act: http://www.davis-stirling.com/MainIndex/DavisStirlingAct/tabid/427/Default.aspx#ixzz1oK1bc8V6
from Davis-Stirling.com by Adams Kessler PLC. If your association needs legal assistance, boards can reach us at (800) 464-2817 or info@davis-stirling.com
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High Speed Internet Services provided by Dwayne Armstrong Communications CLICK HERE
The Next Mink Creek HOA Board Meeting has been Scheduled for August 6th in the Clubhouse
MINK CREEK OF COLFAX HOA
BOARD OF DIRECTORS 2012
BOARD MEMBERS & TERM EXPIRATIONS
Tony Hesch ------------ January 2014
Joe Whiteside --------- January 2014
Gary Pierce ------------- January 2013
Margie Livingston --- January 2013
Al Turner ---------------- January 2013
MINUTES
MINK CREEK OF COLFAX HOMEOWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING
March 5, 2012
I.EXECUTIVE SESSION – 6:30pm
EXECUTIVE SESSION – 6:30pmA. The Board met in Executive Session at 6:30pm to hold hearings, review the reserve study contract and the landscape contract, and to discuss a delinquent account. It was M/S/C, with one opposed, to approve the reserve study contract with Browning Reserve Group. It was M/S/C, with one opposed, to approve the contract from Kevin Woody Landscape for the monthly landscape maintenance. II.CALL MEETING TO ORDER
CALL MEETING TO ORDER A. Roll Call – The meeting was called to order at 7:00pm. Directors Craig Sultana, Joe Whiteside, Margie Livingston, Al Turner, and Gary Pierce were present along with Association Manager Ashley Budelli with Frei Real Estate Services. There were 12 additional homeowners in attendance.
B. Certify Proof of Notice – Proof of notice was certified.
C. Approve Agenda – It was M/S/C to approve the agenda.
D. Approve Minutes -- It was M/S/C to approve the minutes from November 7, 2011, December 10, 2011 Board Meetings and the January 17, 2012 Executive Session
III.REPORTS
REPORTS A. President
Craig Sultana expressed concern over residents speeding through the complex and the children from the neighboring school vandalizing the bulletin board. 1. Concerns Over Website – Craig Sultana reported that he has concerns about a website maintained by Gary Pierce as it was not authorized by the Board. He is concerned that confidential information has been posted on this site.
2. Community Yard Sale/Clean Up Day – Craig reported that he is willing to coordinate the community yard sale. He will coordinate the date and advertising and will advise the Board at the next meeting. Craig suggested having a community clean up day, but will leave this decision to the new Board.
B. Treasurer – Margie Livingston reported that as of the end of January there was $135,126 in operating funds and $171,799 in reserve funds. The Association’s operating and reserve accounts have been reconciled and finances are in good order. It was M/S/C, with Gary Pierce opposed, to approve the financial report as presented.
C. Architectural – Al Turner reported that he has been replacing the electric meters as they have been failing. The meters must be maintained by the Association per the Public Utilities Commission regulations. Al noted that he is a licensed and insured general and electrical contractor and charges a reduced rate for his services to the community. He is also pulling out the water meters and having them calibrated as required every ten years.
D. Pool – Joe Whiteside reported that the pool is in good condition. Two table tops were made for the pool area tables.
1. Pool Cover Maintenance – No maintenance needed. 2. Maintenance Needed for Opening Pool – The pool is set to open at the end of May. E. Management – Ashley Budelli reported on SB563 which changes laws regarding meetings. Information was provided to the Board regarding board members missing meetings and limitations on increasing late fees. The collection, violation, and work order history reports were provided for review.
IV.CORRESPONDENCE
CORRESPONDENCE A. 215 Treasurton, Gary Pierce, Reimbursement Request – Director Gary Pierce submitted a request to be reimbursed $640.66 for the purchase of a new computer. He revised his reimbursement request to $450 to cover the cost of repairs due to a computer virus. Homeowners present expressed concern over paying for computers for Board Members. It was M/S/C to deny the request for reimbursement.
V. UNFINISHED BUSINESS
UNFINISHED BUSINESS A. Emergency Rations in Clubhouse – Jenny Livingston provided a printout of the necessary supplies that would need to be stored to cover 1 year of emergency supplies for the community. The weight of the supplies would not be appropriate for the space in the clubhouse. An electricity generating device would also be required, but the options are very expensive. The government allows a write off for having an emergency supply and a grant would be applied for to pay for the supplies. After discussing the feasibility of using the clubhouse as an emergency response center, it was determined that this is not appropriate.
B. Street Light Fixtures – Al Turner noted that the light fixtures are starting to fall apart. He will replace them as they break.
VI.NEW BUSINESS
NEW BUSINESS A. Board of Director Election/Open Ballots/Announce Results – Tony Hesch and Joe Whiteside were elected to the Board with 51 and 50 votes respectively. Revenue Ruling 70-604 passed with 45 votes for and 6 votes against.
B. Electric and Water Meter Maintenance Program – Gary Pierce felt that having a Board Member work for the Association was a conflict of interest. The other Board Members disagreed because he was asked to repair and replace the meters at an open board meeting, he is licensed and insured to do the work, and he is charging a reasonable rate for his services. Other electrical contractors were contacted prior to hiring Al Turner and they were going to charge a substantially higher rate. The Board confirmed that Al Turner is authorized to continue with the meter maintenance program.
C. Bollard Installation Proposal – It was M/S/C to approve the proposal from JB Bostick to install four 4” bollards along Treasurton Street above the propane tanks at a cost of $2,100.
D. Delegation of Authority – It was M/S/C to delegate authority to the Board President and the Treasurer to approve maintenance items between board meetings that exceed Managements approval authority.
VII.OPEN SESSION
OPEN SESSION Held during Annual MeetingVIII.ANNOUNCEMENTS
ANNOUNCEMENTS A. The next regularly scheduled Board of Directors meeting will be held Monday, May 7, 2012 at 7:00 p.m. in the clubhouse.
IX.ADJOURNMENT
ADJOURNMENT It was M/S/C to adjourn the meeting at 8:39pm to hold the Annual Membership Meeting MINUTES
MINK CREEK OF COLFAX HOMEOWNERS ASSOCIATION
ANNUAL MEMBERSHIP MEETING
March 5, 2012
I. CALL MEETING TO ORDER
A. Roll Call - The meeting was called to order by Craig Sultana at 8:40p.m. Present were directors Craig Sultana, Margie Livingston, Al Turner, Joe Whiteside, and Gary Pierce along with Ashley Budelli from Frei Real Estate Services. A quorum was established with 57 ballots received.
B. Approve Agenda – It was M/S/C to approve the Agenda.
C . Approve Minutes – It was M/S/C to approve the Minutes of the February 28, 2011 Annual Membership Meeting.
II. INTRODUCTION OF NEW BOARD
It was announced that Tony Hesch and Joe Whiteside were elected to the Board. III. OPEN SESSION
An owner asked who the officers are. It was noted that the Board will decide at the next meeting. There was discussion regarding a shopping cart left within the community. A suggestion was made to post the minutes on the bulletin board. There was discussion regarding ways to improve voter turnout. IV. ADJOURNMENT
It was M/S/C to adjourn the Annual Membership Meeting at 8:59pm. | ||||||
99%
*This is a personal opinion from Gary Pierce a Mink Creek homeowner of lot # 59
The Mink Creek HOA should avoid such issues > READ THIS
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Mink Creek of Colfax HOA is now changing some of
the Electric & Water Meters in the subdivision
If you have any questions please call the
Mr. Wayne Price (415) 703-5184
Mobil Home Park Compliance
MINUTES
MINK CREEK OF COLFAX HOMEOWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING
May 7, 2012
I. EXECUTIVE SESSION – 6:30pm
A. The Board met in Executive Session at 6:30pm to hold hearings.II. CALL MEETING TO ORDER
A. Roll Call – The meeting was called to order at 7:00pm. Directors Joe Whiteside, Margie Livingston, Al Turner, Tony Hesch, and Gary Pierce were present along with Association Manager Ashley Budelli with Frei Real Estate Services. There were two additional homeowners in attendance.
B. Appoint Officers – It was M/S/C with Gary Pierce opposed, to appoint Al Turner as President. It was M/S/C to appoint Joe Whiteside as Vice President, Margie Livingston as Treasurer, and Tony Hesch as Secretary.
C. Certify Proof of Notice – Proof of notice was certified.
D. Approve Agenda – It was M/S/C to approve the agenda.
E. Approve Minutes -- It was M/S/C to approve the minutes from March 5, 2012 Board Meeting.
III. REPORTS
A. President - None
B. Treasurer - Margie Livingston reported that as of the end of March, there was $140,834 in operating funds and $176,745 in reserve funds. There were no accounts in collections. The Association’s operating and reserve accounts have been reconciled and finances are in good order. It was M/S/C to approve the financial report as presented.
C. Architectural – Al Turner noted that 211 Treasurton was approved to paint their home.
D. Pool/Clubhouse – Al Turner reported that he and Tony Hesch met with Browning Reserve Group to review maintenance of the common area components. The deck around the clubhouse is in need of repairs. He suggested using a synthetic material on the deck. Tony noted that he was impressed with Browning Reserve Group and their programs worked great at determining costs for repairs.
1. Special Use of Clubhouse – It was M/S/C to allow the Girl Scouts to use the clubhouse for their meetings. It was suggested that signs be placed on the deck to warn against sitting on or leaning over railings.
E. Management –The collection and violation history reports were provided for review.
IV. CORRESPONDENCE
A. 179 Treasurton Street, Violations – The owner expressed the need for Board Members to monitor homes for violations. The Board noted that they plan to develop written standards for maintenance that can be provided to owners.
B. 115 Winder, Parking Concerns – The owner expressed concerns about residents and visitors parking on the street and in the clubhouse parking lot. The Board noted that they have not allowed anyone to park in the clubhouse parking lot.
C. 222 Glendale Road, Rental Request – It was M/S/C to approve the rental as there is space available.
D. 202 Glendale, Rental Request – No action taken as owner did not provide paperwork in time for meeting.
V. UNFINISHED BUSINESS
None
VI. NEW BUSINESS
A. Notice of Delinquent Assessment, TS#12-11552 – Gary Pierce noted his objection to his account being sent to collections and asked the Board to make a special consideration for him. It was M/S/C to approve recording a lien on the referenced account.
B. Clubhouse Heater Upgrade – It was M/S/C to table the proposal to upgrade the heating system in the clubhouse so that a second bid can be sought.
C. Board Policy
1. HOA Sponsored Website – Gary Pierce suggested that the Board form a community website. He offered to sell the website he developed for $5,000. It was M/S/C to purchase the domain name for Mink Creek HOA for approximately $25 per year, but hold off on creating a website.
2. Signage Policy – Tony Hesch reviewed his survey of signs throughout the community. Five “Authorized Parking Only” signs, one “Neighborhood Watch” sign, and two “Stop” signs are in need of replacement. It was M/S/C to approve replacing the signs. It was suggested that the “Authorized Parking” signs be reworded to make it clearer as to who is allowed to park there. Tony also recommended replacing the entrance sign in the future with one that is larger so that it is more visible.
3. Playground Maintenance – Tony Hesch provided documentation on playground maintenance. He recommended closing the playground until repairs can be made. Proposals will be sought for the repairs. It was M/S/C to close the playground and post a sign stating why it is closed.
4. New Member and Board Packets – Tony suggested developing information packets to give new owners information on the community and new Board Members information on their roles.
VII. OPEN SESSION
Mr. Exner expressed his concern about investors buying a large portion of homes in the community as rentals. It was noted that the community has a rental cap that prohibits this.Kathy West expressed her concern about unsupervised children playing in the common area next to the pool, building forts, climbing trees, and throwing things into neighboring yards.VIII. ANNOUNCEMENTS
A. The next regularly scheduled Board of Directors meeting will be held Monday, August 6, 2012 at 7:00 p.m. in the clubhouse.
IX. ADJOURNMENT
It was M/S/C to adjourn the meeting at 8:40pm 