capribythesea.comcapribythesea.com/.../OWNER-COMMENTS_CCR-Rewrit… · Web viewAppointed “task specific” positions can be filled by unit owners or timeshare/part time residents

CAPRI BY THE SEA

OWNER COMMENTS - CC&R REWRITE

TOWN HALL METING

OCTOBER 3, 2014

MARYETTA BOWMAN, UNIT 303

Hello, I’m Maryetta Bowman, owner of Capri #303. I’m thankful to all of the Board members that are so tirelessly working on revising the new documents. I appreciate their service and thank them for making the Capri by the Sea a wonderful place to live. I plan to spend the rest of my life here at the beach.

I would like to discuss the item Article 9.2 regarding the size/weight of pets.I’ve been involved with hospital therapy dogs for many years. The small dogs up to 15 pounds seem very limiting for OWNERS. There are many breeds of small and miniature dogs that still are small and easily taken on a plane that are 20 to 25 pounds as well. All dogs, small or not, are the responsibility of their owners. Dog behaviors are controlled by their owners. Barking can be controlled by a bark collar. I agree the dogs should not be in the lobby or pool areas. But I would like to see the Board and other owners consider the pet weight to be amended to: “weight of dogs not to exceed 20 or even 25 pounds”. That’s very realistic for small dogs and miniatures. Again, my sincere appreciation to the Board,With your Success in Mind,Maryetta Bowman

JAMES MCGUIGAN, UNIT 308

Article 3 --number of Board of Directors. As a 17 year board member of my own HOA with 5 board members I cannot imagine 7. As a matter of being able to agree on issues and pragmatics has the discussion of reducing to 5 directors been addressed?

Article 8.1 lease requirements. If renters and guests are the primary cause of damages, problems, weekend and holiday late night noise or rowdiness and other related complaints why do we take a hotel position on duration stays. I know at one time it used to be 1 week. Economics dictated a need to address. Times have changed.

Sincerely,Jim McGuigan308

TONY PACE, UNIT 606, 802, 803 AND 1004

Capri by the Sea Homeowners Association, And Board of Directors

Dear Members of the Capri by the Sea Association and Members of the Board of Directors.I am whole heatedly against reducing the percentage of votes necessary to make future changes to the CC&R's of our Association. Because I am a Realtor I have witnessed other Associations who have reduced, or amended their threshold of approval for changes, that mostly fall into into anarchy and legal squabbles and challenges. Throughout the years that I have examined those Associations, this type of negative discourse that accompanies this type of governess, has not only alienated the most of the memberships of those Associations over time, but has greatly reduced the normal appreciation of property values in these associations. As with most changes to the status quo, even the most beneficial changes leave at least (40-49.9%) of the members voting against any changes, on any one proposal. If there are a series of proposals, over say five or ten years, those Associations would have alienated most of the members, thus creating chaos, resentment, and anarchy in the implementation of the new changes. This situation makes many of the members look to escape the Association's by selling, or not using their condos. When Associations have a greater turnover of owners, the property values of every ones condos become dwarfed in comparison with other like properties and at the least, end up costing the Owners greatly in terms of value that normally would have been earned by those Owners, if there were fewer Listings or Sales in that same Association. I know the difficulty with obtaining a (66 2/3 %) approval is challenging, but that is the only way for the General Membership to receive adequate discourse on the subject of the changes, to garner the large percentage of approval for a change from their respective Associations. Without the requirement of at least (66%), the discourse is reduced and the resentment for the Association grows large. When someone purchases a condo in an Association they must approve of the CC&R's that are in place at the time of purchase. If the changes to the CC&R's are not agreed upon by a overwhelming majority of the Owners, then you have a large number of Condo Owners who do not approve of the Regulations and Rules of their purchase. Frankly, I would prefer a (75%) requirement for amendments, or changes. Subsequently, I will be voting down with my four condos voting power, any CC&R updates, or changes that have any change in voting requirements included in them.

Thank you for reading my sentiments,Tony L. PaceCapri by the Sea condos #'s 606, 802, 803, 1004.

VINCENT SUNZERI, UNIT 205

By-Laws:

Article 3.5 Term of Office of Directors:

There should be a limit to the number of consecutive terms to which a Director may be re-elected. While there’s tremendous benefit to having continuity on the board, and the commitment is greatly appreciated, unlimited tenure can open the door to potential risks to the HOA. I can outline these risks if you’d like. I would recommend we utilize “flexible limits” – allow Directors to serve 2 or 3 consecutive terms then step down for a year. Members could choose to become re-elected after the one year gap.

Article 3.6.2 Vacancies and Removal of Directors:

The sentence, “Any removal without cause shall be approved by the vote of the Members representing a majority of the votes cast when a quorum is established”, is unclear about how the quorum is established. Is the quorum to be established by attendance at a regular HOA meeting? Is the quorum established by ballots cast?

Article 4.7 Quorum at Board Meetings:

The number of Directors to constitute a quorum should be increased to four (4) rather than more than (1). This would prevent decisions being made by just a couple of individuals. The Homeowners deserve broader representation when decisions are being made.

Article 4.10 Board Meeting Minutes:

The draft states that “…summary of the minutes shall be available...summary minutes shall be distributed to any Member upon request and upon reimbursement for the cost in making that distribution.”

It’s unclear, but the minutes should be made available online without Members have to request them.

Article 8.1 Amendment Procedures for Bylaws:

The draft language requires that only 50% of the ballots be returned and the amendment must be affirmed by a vote of 51% of those ballots cast. This procedure for amending Bylaws creates too low of a hurdle. Essentially, it only takes 36 out of 140 homeowners to amend the By-Laws.

Any amendment to the By-Laws should require consent of Members comprising more than 50% of the Voting Power of the Association. This is consistent with what is being proposed in the CC&R’s.

CC&R’s

Article 1.27 Member: Article 2 Membership Rights and Privileges:

It’s unclear to me exactly how Timeshare owners are treated with respect to Membership and Membership rights.

Is each partial/fractional Timeshare Owner considered “the record owner of a fee interest in such a unit” and therefore considered a member?

How many Members does the Capri have when you include the Timeshare Units?

Does the Timeshare Association as outlined in Article 1.46 represent all of the Timeshare

Units and Owners collectively and thereby given collective membership and voting rights?

Article 2.8 Storage Spaces:

While it states that “Members are to utilize storage spaces assigned to their unit”, there’s no reference in the CC&R’s which storage spaces are assigned to which units or how they are assigned.

Article 3.8(d) Doors:

Just confirming that Members can replace doors and they do not have to be similar to the original door.

Article 3.8(f) Heating and Air Conditioning:

Why is that Air conditioning units are not permitted in the units?

Article 3.10 Water Damage and Mold:

At this time, I’m most concerned about water damage and mold that the homeowners become responsible that were the result of poor plumbing within the building. For example, a flood on a floor above me was the result of a building plumbing problem. The walls (drywall) were affected. However, at the time it was determined that there wasn’t significant damage. If it later became a mold problem, would the homeowner become responsible for this under the new CC&R’s?

Article 4.6 Rules and Regulations:

“Notification of Proposed Changes” and “Notice of Adoption” of new rules should be spelled out.

Article 4.12 Borrow Money:

The draft states: “any loan in excess of five percent of the annual Assessment shall require Membership Approval.”

What percentage of the Membership is required to approve?

Article 4.16 Limitations on Sale of Property:


Article 4.17 Limitations on Capital Improvements:


Article 4.23 Nonprofit Character of the Association:

Does leasing part of the common area to All-Seasons in any way jeopardize the nonprofit characteristic of the Association?

Article 6.1(b) Balcony Doors:

Have members always been responsible for Balcony Doors? How does the Association and Building maintain aesthetic consistency in Balcony doors if homeowners can select different Balcony doors, casings, etc.?

Article 7.8(b) Nuisance, Secondhand Smoke:

Today individuals smoke in their units causing secondhand smoke to flow into other units through the vents. I wouldn’t consider this a mere inconvenience. Is this an instance where the Board could take action?

Article 7.17 Signs…

Currently, we do not have the ability to display signs, billboards or advertising devices from the individual units. The draft changes this to “as allowed by law.” What will be the impact to homeowner’s ability to put up signs, posters, flags, banners, advertisements, etc.? I am opposed to anything that will detract from the beauty of the building.

Article 8.1 Lease Requirements:

Who will enforce the 3 day minimum lease requirement?

Should we add that no Member and/or Property Management Company can lease for an initial term of less than three (3) days?

Article 9 Pets:

Do the articles comply with all City, County or State Laws related to pets?

Article 10.4 Assigned Parking:

A Parking Plan outlining Assigned Spaces by unit should become part of the CC&R’s so it becomes official. This is critical as units are sold and it’s unclear which parking space is assign to a particular unit. A policy should be outlined which addresses the reassignment of parking spaces. Additionally, Article 7.28 of the current CC&R’s state that units 1201, 1206, 1207 and 1208 shall be assigned one additional parking space. This was not carried over to the draft CC&R’s.

Article 12.8 Entry by Member:

I am completely opposed to allowing other Members to enter my unit regardless if the request is made in advance.

Article 17.3 Association not a Security Provider:

The draft states: “However, the Association…shall have no duty to provide any security in the Development.”

I’m concerned that this language eliminates the obligation and responsibility for the Association to provide security officers for the Development.

Article 18.1(c) Common Area Damage – Membership Approval:

Of all of the voting requirements, this is the most stringent. In the event of damage, the Board could determine that the cost to reconstruct is too expensive and a 67% vote of the Membership would be required to approve such reconstruction. This should be lowered to more than 50% of the Voting Members.

Other Items not addressed in the Bylaws or CC&R’s:

1) There should be a Directors “Code of Conduct” and all Directors should be required to sign acknowledging and agreeing to adhere to the document.

2) I did not see the East Parking Lot referenced in the CC&R’s as an asset of the Association.

3) Fines for Renters – while referenced in the CC&R’s, it’s not spelled out whom responsible for enforcing this action.

4) Limitation on Rentals. Now would be a great time to identify the number of rentals in the building and place some kind of limitation. Another HOA that we belong to has done this. The intent to maintain the integrity of the property, particularly for the individuals that are owners and residents of the Capri. An example of a limitation: timeshares and units that are rented cannot exceed 50% of the total units within the building.

5) It should be clearly delineated what responsibility and or liability is being shifted from the

Association to the Member in the Draft CC&R’s. Having to read each line item to determine that is unreasonable, particularly if the Members are not Attorney’s.

PATRICIA EASTON, UNIT 705

At the last meeting there was talk of changing the number of board members from 7 to 5 with 3 being a quorum. I would be against such an action because of the unique make-up of the Capri by the Sea. There will always be a member that represents the Time Shares because they have enough votes to elect at least one member and then Peter can always provide enough votes from his rentals to select a member. That at present works okay because it leaves 3 to 5 members to represent the rest of the homeowners. However there could be a situation with 5 that there would only 3 present and there could be an only one member present to represent the majority of the homeowners. I don't think that is acceptable. Patricia Easton#705

ROY AND MARY JONES, UNIT 1108

We have done a preliminary review of the Governing Documents sent to us. A couple of items are listed below that we feel should be discussed before or at the Town Hall Meeting and possibly included in the revisions. The Allocation units for assessments need to be clarified as they were in the previous CC&Rs as to how current and/or future charges based upon the clarification are to be handled e.g. A is 100%, B is 150% and C is 275%. It might also eliminate some confusion if the monthly dues were specified via formula in these documents. There is a need to authorize long term income contracts such as the cell sites on the roof. Recommend 5 yrs. limitation There is also need to authorize the BOD to authorize lease/rental agreements to get income from the use of common area (Timeshares and Rental Company) for multiple years - recommend 3 year limits. We’d like to see ownership broken out into two classes: Timeshare and Full time Owners (full time being defined as over 90 days ownership in a calendar year) This would minimize the possibility that a single group of people could control the HOA- If this is done we can then add to the board of director qualifications adding a requirement that Board members be full time owners.- An alternative would be to have two directors appointed by the Board; one to represent the Timeshares and the other to represent the renters. If you have any questions feel free to ask, as we will not be able to attend the meeting. Roy & Mary Jones #1108

DIANE POLLARD, UNIT 901, 902

Capri by the Sea

Restated Bylaws 4th Draft

October 2014

Summary

As an owner of Units 901 & 902 of Capri by the Sea for more than fifteen (15) years, I take the governing documents very seriously. I have taken much time to thoroughly review the Bylaws and noted several areas of concern. There is a distinct difference between the two classes of membership (actual owners vs. timeshare/part time residents). Ownership has its privileges: 52 weeks a year!

I am concerned that the author of the document (4th draft) did not bother to take the time needed to facilitate review by designing a grid containing the old language and the proposed changes to allow the reader to compare. “Restating” is clearly not the most efficient way to encourage valuable input as it puts strain on the reviewer to have both documents at hand rather than being able to compare the old and recommended language at the same time.

Interestingly, there is no reference to Robert’s Rules of Order, the recognized guide to running meetings fairly and efficiently. Reference to the current revision (11th edition) should be made at the beginning of the document.

Following are the results of my suggested changes/edits:

Article I

1.1. Explanation of California Non Profit Mutual Benefit Corporate Law. What kind of document is this? What does it govern?

1.2. Specificity – The principal office is 4767 Ocean Boulevard – San Diego, CA. Strike line 2 no further information needed.

1.3. Separate time share occupants from unit owners. 125 unit owners 15 interim occupants (“other”)

1.4 66% or 2/3 of the voting power (as stated in previous Bylaws)

1.8 Specificity of Governing Documents (identify)

Article 2

2.1 All meetings should be held on site. The “Owner’s Lounge” was designed for that purpose.

2.2 Convening the Annual Meeting in JULY will allow for greater input from owners who are not full time residents. The second Saturday will not conflict with holiday plans.

2.3 30 day advance notice for everything will provide consistency

2.4 Definition of “prima facie”

Page 2

Article 2 cont’d.

2.6.4 Clarification needed


2.7 Change 50% to 2/3 or 66%

2.8 30 day notice consistency

25% represents on 35 unit owners (should be clarified)

2.9 Clarify rules of suspension

2.10 A list of owners voting by proxy should be available at all meetings and listed in the meeting minutes.

2.11 Who will be counting the votes? Who is responsible for coordinating the voting process? The language is too vague.

2.12.3 Provide clarification in lay terms

2.12.5 How will the “inspectors” be selected and identified? Will an outside source be responsible for election oversight?

Article 3

3.1 7 board members = 6 unit owners + 1 timeshare representative

3.2 The language eliminates the need for “write in” candidates or nominations from the floor.

3.4.1 Elections should be held at the Annual Meeting by secret ballot (strike “special” meeting).

3.5 Contradiction between 1 and 2 year terms. 2 year terms eliminate the need for an election every year. When terms expire, members can run again.

3.13 Copies of ALL financial reports and meeting minutes should be made available to ALL members of the Association electronically unless otherwise indicated by the member.

3.13.2 Add: (e) Engage the services of an outside independent audit firm annually to audit all financials of the association. ALL unit owners should be advised when the report is available and forwarded copies electronically if requested.

3.14.5 Notification of disciplinary action for any board member should be sent via Certified Mail (return receipt requested).

3.14.6 Clarification needed – 30 days vs. 90 days (consistency)


Page 3

Article 4

4.1 Quarterly board meetings not Regular board meetings are held on specific days/time (TBD) in January, April, July & October. Location: Owner’s Lounge – Capri by the Sea.

4.3 Notification of meetings should always be provided to unit owners unless otherwise requested.

4.4 Officers should be elected at the Annual Meeting!

4.7 A quorum is 66% or 2/3

4.8 Clarification needed

4.9 30 days’ notice of meetings for consistency throughout

4.10 ALL members should be sent meeting minutes electronically unless otherwise requested. Members requesting hard copies will be invoiced for the expense.

Article 5

5.1 Each office should be filled separately. Under no circumstance should a board member hold multiple offices! Officers should be President, Vice-President, Secretary & Treasurer. All elected offices should be filled by 52 week unit owners. Appointed “task specific” positions can be filled by unit owners or timeshare/part time residents as needed. All vacancies for unexpired terms

shall be filled prior to the next quarterly meeting. All officers and appointees serve at the pleasure of the Association (not the Board).

5.5 The Board may remove an officer with cause.

Article 8

Bylaws may be amended with proper notice consistent with the most current edition of Robert’s Rules of Order and requiring a 66% or 2/3 vote.

CONCLUSION

1) The governing documents referenced in the Bylaws should be clearly defined at the beginning or contained in an attached Reference Sheet with complete explanations in lay terms.

2) The state “corporate codes” referenced should be added to the Reference Sheet with detailed information necessary for the reader to further research if needed.

3) Documents governing timeshare occupants should be made available all to unit owners.

Page 4

CONCLUSION cont’d.

4) Procedures for Proxy Voting should be available to all unit owners 30 days prior to elections.

5) Quarterly meetings should be established by month and day. Suggested example: JANUARY, APRIL, JULY & OCTOBER (second Saturday of the month) at 9 am in the Owner’ Lounge – 4767 Ocean Boulevard, San Diego, CA

6) Quarterly Financial Statements and an outside independent audit conducted annually should be included as part of the contract with the management company (if not already). Financial Statements (prepared by the management company) should be reviewed by the Treasurer and full Board at quarterly meetings.

7) The role of the management company related to duties such as recording and distribution of meeting minutes, financial reports, etc. should be clarified. The contractual agreement between the board and the management company should be reviewed by the full board prior to renewal.

8) Consideration should be given to making the fiscal year the calendar year.

PETE RIETH, UNIT 1204

CAPRI CC&Rs DRAFT 4 Comment Matrix

Notes:

Column 3 – Comment Type Definitions:

- A = Administrative, minor corrective action needed or information recommendation. No impact on approval of document.- S = Substantive, if not favorably resolved, will potentially delay or preclude my vote for document approval.- C= Critical, if not favorably resolved, will preclude my vote for document approval.

No. Page #

Para #

Line #

Type

(A,S,C)

Comment/Recommended Text Rationale

Global comment: Pagination restarting in each Article is not consistent with the Table of Contents

1 Sec 1.18 A Recommend add notation to Cite whether the specific edition of DSA (e.g., DSA 2014) current when this document is approved, or the most current subsequent edition is applicable.

Potential for disparity of interpretation in future years if not clearly stated.

2 Sec 1.48 A Is unit 102 not a Time Share? It isn’t listed here. Clarity.

3 Sec 1.49, line 24

S Clarify whether “storage spaces, perimeter doors” are different from items addressed in Exhibit B. These terms should all probably be individually represented in Exhibit B to assure clarity of responsibility. For example, unit specific “storage spaces” are addressed elsewhere as Owner responsibilities, and Entry Doors in Exhibit B can be confused with “Perimeter Doors”.

Clarity.

No. Page #

Para #

Line #

Type

(A,S,C)


4 Sec 3.8 f, line 5 C “Air Conditioning units are not permitted….” This is an unreasonable and arbitrary restriction. If installation, maintenance and operating costs are borne by the unit Owner, and Architecture Committee approval is duly obtained (see section 5.4), there can be no valid reason for prohibition. Practically speaking, only rooftop or upper level parking area condenser

installations are viable, so the actual number of potential candidate installations is quite limited.

Unwarranted constraint on “Quiet

enjoyment” and property value enhancement.

5 Sec 3.8 I, line 6 S The portion regarding Owner responsibility for laundry vents is not consistent Exhibit B, page 39 which assigns responsibility for laundry vents

in the common areas to the Association.

Consistency

6 Sec 5.8, line 6 C 60 days for Architectural Committee approval is far too long. My own experience in 2012 & 2013 demonstrated that 10 working days is ample

under normal circumstances. Further, leaving the Applicant hanging through Committee inaction, as stated, for the full extent of the approval

term is unacceptable business practice.

Processing too long and too inattentive for

the Capri context.

7 Sec 5.12 S Recommend add a section to address the requirement for asbestos testing and HAZMAT mitigation where unit modifications anticipate disturbance

of original surfaces known or likely to contain HAZMAT, e.g., bath, kitchen walls and flooring, older tiled floor surfaces. CALIFORNIA HEALTH AND

SAFETY CODE SECTION 25915-25919.7 among other references.

Legal requirement and protection of the Association from potential liability

litigation.

8 Sec 6.7 A Recommend also specifically list surfboards and beach paraphernalia Completeness.

9 Sec 8.2 S “Members shall not be on title to any more than four (4) units.” What Code/law, if any, supports this stricture? If none, then how can it possibly

be enforced?

Recommend delete this provision in its entirety. Town Hall

topic?

No. Page #

Para #

Line #

Type

(A,S,C)


10 Sec 9.1 S What Code/law, if any, supports this stricture? Recommend change the total number to two animals and to read “… (2) dogs and/or (2) cats be

kept as household pets.”

Considerable evidence exists to indicate pets

are more content when not isolated, thus less likely to

present nuisances to their neighbors. Town

Hall topic!

11 Sec 10.4 A “It is each Owner’s sole responsibility to confirm tht his/her vehicle can fit….” And what is the action if that test fails.

Spell out specifically a rule for parking oversize vehicles in the East lot and whether additional cost is involved.

12 Sec 10.6 S “All vehicles…or appearance.” By what standard judged and by whom through what process?

Too ambiguous and subject to abuse. Recommend delete this phrase.

12A Sec 10.11 S Recommend delete the phrase “or detailing” from “Vehicles may not be washed or detailed in the Development except as provided for in the Rule & Regulations.”

The most recent (OCT 13) version of the Capri R&R does not prohibit detailing. This additional stricture is unreasonable. Town Hall discussion item.

No. Page #

Para #

Line #

Type

(A,S,C)


13 Sec 12.8 S “Each Member shall permit other Members and their representatives….” While entry by Capri staff, construction and repair vendor/contractor personnel is understandable in the context of this paragraph, I can see no valid reason for provision of access to other Members. This has strong potential for significant invasion of privacy. Unacceptable.

Remove that portion of the wording referring to the Member gaining entry.

14 Sec 13.2 b C While Draft 4 Exhibit A retains the A/B/C unit classifications of the 1979 CC&Rs, it omits the assessment scaling factors or any discussion of how those factors will be determined in future. Draft 4 also omits explicit assignment of units to classifications. Note that the significant driver for cost differential (Excepted Expenditures as defined in the 1979 CC&Rs) is number of bathrooms, not unit SQFT, Roof Reserve or Common Area Painting costs.

Explicitly define the assessment scaling process and which units are assigned to each classification. Delete the term “Penthouse” (All 12th Floor units bear that label, not only 4 of the 8). Retain the 1979 version of this section in toto.

Town Hall topic!

No. Page #

Para #

Line #

Type

(A,S,C)


15 Sec 13.6 b S “Be invested in low-risk investments”. How, and be whom is ‘low-risk’ defined in each instance, how often and by whom reviewed and approved?

More explicit process definition is expected to protect the Association from too narrow management of its assets, no matter how well intended. Particularly in view of Bylaw 11, 3.13.2(d), line 5. Potential Town Hall topic.

16 Sec 17.6, lines 1-4

A Incomplete sentence.

17 Exhibit A A Explicitly define the 4 units grouped in classification C. See comment 14 above.

In 1979, these were 1201, 1206,7 & 8.

18 Exhibit B, table line 1

C “(Only approved in Unit 1208)” See comment 4 above.

19 Exhibit B, page 39

A “Exhaust Fans”. Please clarify. Does this refer to in-unit bathroom and stovetop hood fans? If so, recommend add another line to address Association responsibility for rooftop plumbing stack ventilation fans.

Completeness.

Notes:

Column 3 – Comment Type Definitions:

- A = Administrative, minor corrective action needed or information recommendation. No impact on approval of document.- S = Substantive, if not favorably resolved, will potentially delay or preclude Reviewer’s vote for document approval.- C= Critical, if not favorably resolved, will preclude Reviewer’s vote for document approval.

CAPRI BYLAWS DRAFT 4 Comment Matrix

No. Page #

Para #

Line #

Type

(A,S,C)


1 1, Sec 1.1 S Change off principle office location –What could trigger such a move? Why is this provision needed?

Needs discussion at Town Hall meeting –

2 2, Sec 2.2 S Cited Corp. Code does not address portion of this paragraph “provided that adjournments…discretion of the Board.” What is the applicable Code/Law, if any, supporting the final sentence regarding potential BOD decision to waive annual meeting?

Accuracy and bona fide content

3 2, Sec 2.2 S Cited Corp. Code does not address portion of this paragraph “provided that adjournments…MAY be held as soon thereafter as practical.: Change MAY to read MUST.

The word May is too ambiguous.

4 5, Sec 3.3 A Why is this term of days expressed differently from draft CC&R sections 14.2.a and 14.2.e? Why not simply express in all places as a defined number of days, e.g., “45 days past due” and make them consistent?

Consistency and ease of comprehension

5 9, Sec 3.11.11 A Corp Code 7210 Applies only to the first sentence. Remainder of this paragraph is apparently locally generated, and should be noted as such to the Membership.

Town Hall discussion item.

6 9&10, Sec 3.12 A Much new, locally generated content here, and should be noted as such to the Membership.


7 10, Sec 3.13.1, line 2

A Regarding Annual Policy Statement: This is an important provision under DSA 2014, and should be noted as such to the Membership.


8 11, 3.13.2(d), line 5

A While Corp. Code 8321 does provide for issue of report without independent review, the membership should be made aware that this is a potential lost opportunity to exercise good business practice.


9 18, Sec 6.4 S The Code section is incorrectly/incompletely cited: “…every Director shall have the right to inspect and copy all books, records and documents of every kind….”

Correctness.

No. Page #

Para #

Line #

Type

(A,S,C)


10 20 S The 1980 Bylaws sections 9 and 10 have not carried forward in situ. It is quite difficult for the Reviewer to track what has been relocated, modified or omitted – and for what rationale- in draft 4.

Need a better, detailed guide from the author on exactly what became of each provision of Bylaws 1980 sections 9 and 10