HA vs. JMK The cross complaintfrom JMK has beenserved on the associa-tion, five of the six board

members, and spouses of three of theboard members. A complete copy ofthe cross complaint can be found on the association website at www.thelander-hoas.com. In short, the cross complaint states:

�• JMK alleges that RHA and DirectorDefendants (DD) blocked JMK’seffort to build a shopping centerby contending that the use of the Ridgemark Streets for the purpose was a violation of JMK’seasement rights.

• JMK alleges that Ridgemark Streetsare public and not private. JMK isseeking quiet title over RidgemarkStreets for ingress and egress over,along and across the “Public Streets.”

�•� JMK alleges that it “has been actu-ally harmed by RHA and the DDactions have interfered with JMK’senjoyment of its easement rightsto ingress and egress to, over, andacross the Ridgemark Streets.”

�•� “JMK seeks to recover monetarydamages to reasonably compensateit for annoyance and discomfortcaused by the injury and peacefulenjoyment of the Ridgemark streets,which it owns, in an amount inexcess of the minimum jurisdictionamount of this court.”

�•�JMK alleges that RHA and DDinterfered with its “economic rela-tionship with a third party withprobable future economic benefit.”

�•�JMK is seeking $50 million “Forcompensatory damage, generaldamages, damages for loss of quietenjoyment, special damages, andother recoverable damages…”

Litigation is not for the light hearted.Note that each member of the boardis being sued individually, as well asthe association. It is not known whythe language that restricts the use ofthe roads was left off the deed to JMKfrom the previous owner.

RHA’s directors are confident of theright to judicial process to clarify theeasement rights that were restrictedon the deed from the original ownerof the properties to the previous owners of RG&CC. The next hearingis scheduled for January 8th at 1:30 atthe San Benito County Courthouse.

Current News & UpdatesA N E W S L E T T E R F O R R I D G E M A R K H O M E S A S S O C I AT I O N • D E C E M B E R 2 0 1 4

In This Edition• Current News & Updates• JMK Plans• RHA vs. JMK• TRO for Trees• Pets Wildlife• Boy Scouts picking upChristmas trees

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JMK PlansMK recently shared a“conceptual” plan withthe community associa-tion boards. It includes:

�• Eliminating the driving range, thelower parking area for the club-house along with the old tenniscourt area, the area recentlyrezoned as commercial next toVilla Pacheco. The front gatewould be lined with townhouses,before and after the gate entrance.

�• Eliminating the entire tennis complex off Helen’s Drive; replacing it with townhouses.

• �Fill in lots along Donald Drive.

• �Fill in lots along and behindMarks Drive.

�• Some fairway fill in betweenDonald and Marks Drive.

• Fill in lots along Paulus.

• Fill in lots along and behindRidgemark Drive.

�• Fill in lots along Sonny’s Way and Bobby’s.

• Southeast of the South Entrancewould be filled in with 6,500-10,000 sq ft lots.

The properties to be converted fromrecreational use to residential include277 units per this “conceptual” plan.The plan is not to scale, nor in properrelation to the existing properties. Itis obvious and JMK states that countycode has not been considered.

J

2RIDGEMARK HOMES ASSOCIATION NEWSLETTER DECEMBER 2014

pdate onthe TROTemporary

Restraining Order (TRO)and County Emergency Tree Ordinance (CETO)The Temporary Restraining Order (TRO)for tree removal remains in place andthe Judge is inclined to continue ituntil our main case is settled. It onlycovers the trees on the fallow course.We are relying on the CountyEmergency Tree Ordinance to protectthose trees on the healthy course.

As we await the decision by JudgeTobias of a proposed agreement overthe TRO tree issue between RidgemarkHomes Association (RHA) and JMK,RHA has agreed to make the follow-ing notification:

San Benito County has passed a tem-porary emergency tree ordinance forcertain sections of the county, includingRidgemark Estates. Essentially, to cutany living tree more than 8-inches indiameter, one needs to follow certainsteps. This temporary ordinance is inforce until the fall of 2015 with thecounty planning to make the ordi-nance permanent within the next few months. It covers all of the golfcourse, but also our individual homes.

Also, in early October, 2014, RHAsecured a TRO from the San BenitoCourt concerning cutting live treeson the closed part of the golf course.The TRO has since been extended andis still in effect. The judge suggestedthat both sides negotiate a settlement.A proposed settlement has been nego-tiated, but there are still four lines inthe agreement on which the judgewill decide. Both sides do agree thatdead trees can be removed.

In October, 2014, JMK had theirarborist examine approximately

700 trees on the closed part of thegolf course. On November 6, 2014,the RHA arborist—along with an RHA board member and the countyfire marshal—examined those trees.It was determined that it was in the best interest of the county, home-owners, and the golf course, to remove107 of those trees. These trees fallinto several categories:

• Twenty-four trees that the firemarshal wanted removed. Most of these trees are dead, and in thefire marshal’s opinion, a possiblefire danger. RHA agreed with this.A few were unsafe because theyoverhung homeowner properties,and some homeowners had deadtrees. All of these trees are in thepart of Ridgemark located north-west of the main entrance road(the more mature side ofRidgemark Estates).

• Dead trees. Some of the dead treeswere so decayed that we wereunable to determine their species.

• Damaged trees. These trees are indanger of falling onto someone’shouse or property. Such trees maybe compromised by mistletoewhich can weaken or destroy thetrees it infests, and some may havebeen compromised by pests, wind,storms, or old age.

Eighteen of the trees to be removedare south of South Ridgemark.Eighty-seven of them are in the moremature part of the closed holes. Alltrees to be removed have been markedwith a Red X, and with a number(1–107). If a tree has a red X but nonumber, that tree was deemed by our RHA arborist and a member ofthe RHA board as not dead, nor toodiseased, nor a danger to a home orproperty. In three cases, trees were onthe borderline of being a danger. Intwo of these cases, the homeownerswanted them removed, and in thethird the homeowner did not want

the tree removed (it was not a threatto his house). We agreed with thehomeowners. It’s worth noting thatseven trees on the golf course havefallen due to the storms of the lastweek, only two of which were markedfor removal.

Approximately 600 trees on the closed14 holes will remain standing. Bothsides agreed on a mechanism to coverfuture tree removal if a tree happensto die or becomes a danger to homes.

If you see a dead or dangerous tree on golf course property and want itremoved, your actions are just as theyalways have been—contact the golfcourse maintenance staff. They willnotify the RHA as necessary, andwork with the county. As part of theagreement we negotiated, the twosides will work together to see thatcommunications with the countygoes smoothly.

As part of the agreement, RHA is to advise the homeowners of any upcoming tree removal. We will send out a notice once a schedule has been established.

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Mistletoe can weaken or destroy a trees it infests.

ollister’s Boy Scout Troop436 will again this yearbe picking up Christmastrees left on curbsides.Pick up is scheduled forSunday, December 28th,

and on the weekend of January 3rdand 4th. All trees picked up will berecycled.

Leave your tree visible at the curb by9 a.m., on the pick-up dates. No needto cut the trees into sections. Theywill also pick up flocked trees. Pick-ups will occur twice on each pick-update between 9 am and 2 pm. Noneed to call to give your addressunless you have special instructions.Please call 831-637-8022 for specialpick-ups outside the city limits.

On the pick-up dates, there will alsobe drop sites available at Veterans'Memorial Park.

The scouts are asking for an $8donation. Donations can be leftunder the doormat, or they can bemailed to: BSA Troop 436, c/o

Tom Wright, 1745 San Felipe Road,Suite 10, Hollister, CA 95023. Pleasemake checks payable to BSA Troop 436.

If you have special instructions, suchas directions, gate codes, or additionalquestions, please call 831-637-8022 in Hollister

3RIDGEMARK HOMES ASSOCIATION NEWSLETTER DECEMBER 2014

Pets and Wildlifeets! The sayinggoes, “there are no bad dogs, justbad owners”If a dog, or any other

pet for that matter, is unhappy, it islikely to show in their behavior. Doesyour pet get adequate care, attention,and exercise? Your neighbors may beable to answer that question for you.

Excerpts of RHA CC&R’s Section7.22. Household Pets. A reasonablenumber of common household petsmay be kept in each lot so long asthe same do not become a nuisanceand are not kept, bred or main-tained for commercial purposes. Nomore than two cats or dogs shall bekept on any lot, and these must bekept in an enclosed area, and shallonly be permitted off the owner’sproperty when properly restrained.

No other animals, livestock, or poultryof any kind shall be kept, bred orraised in any lot.

…No household pet shall be chainedor otherwise tethered in front of a lotor in the common area. Pet ownersshall be responsible for the promptdisposal of their pet’s waste…TheBoard of Directors shall have theright to establish and enforce addi-tional regulations for the reasonablecontrol and maintenance of house-hold pets in, upon, and around theproperties to insure that the same

do not interfere with the QUIET and PEACEFUL enjoyment of theproperties by other owners….

WildlifeGiven the California drought situa-tion and the removal of trees fromthe fallow course, much wildlife isrelocating. Ridgemark has a history ofbeing a safe environment for a varietyof wildlife; raccoons, skunk, possums,wild turkeys, rabbits, deer... Theymay be just wondering through ormoving into your yards, garages andunder your home to seek shelter. It isbest to secure these areas and keeppet food inaccessible to keep thispopulation from being a nuisance.Most of these animals are wonderingabout in the evening or early morn-ing hours. Use caution whenapproaching some of these, especiallythe skunks! Many a pet has beensprayed by an unexpected skunk.

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HLocal Boy Scout troops Picking up Christmas Trees

Boy Scout Troop 436 thanks you for your support.

RIDGEMARK HOMES ASSOCIAT ION MEMBERS OF THE BOARDTarasa “Penny” Bettencourt, President . . . . .831.637.0531 Chuck Kayser, Vice President . . . . . . . . . . . . . .831.636.1381Barbara Lee, Secretary . . . . . . . . . . . . . . . . . . .831.634.1255

Mel Tungate, Treasurer . . . . . . . . . . . . . . . . . . .831.801.1838Dan Valcazar . . . . . . . . . . . . . . . . . . . . . . . . . . . .408.607.1119Lorie O’Brien . . . . . . . . . . . . . . . . . . . . . . . . . . .831.635.9800

HELPFUL AND EMERGENCY PHONE NUMBERSIN MEDICAL OR FIRE EMERGENCY ALWAYS CALL 911

Criminal acts in progressFirst call San Benito County Sheriff—831.636.4080 • Second call Ridgemark Guards—831.313.0550

Loose animals/wildlifeCall County Animal Control—831.636.4320

THELANDER MANAGEMENT COMPANYP O Box 1531, Salinas, CA 93902 • Tele: 800.655.2855 or 831.758.2855 • Fax: 831.758.1147

Ridgemark Homes AssociationC/O Thelander Management Company21 San Miguel Avenue Ste BSalinas, CA 93901

PLACESTAMPHERE

W H O T O C A L L

A N N O U N C E M E N T S

STREET SWEEPING SERVICESare scheduled for the third Wednesday of month. Contact Linda McElroy

at 831.636.4170 ext 272 with questions or complaints

RHA historically does not hold aDecember board meeting. The next

board meeting will be January 27, 2015,6:30 pm at Tres Pinos School.