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PROPOSED CC&R AMENDMENTS

September 24, 2022

Proposed VPCA CC&R Amendment #1

Dwelling Units

Underlines indicate proposed new language.

Strikeovers indicate proposed deletion of existing language.

ARTICLE I: DEFINITIONS

SECTION 8: “Dwelling Unit” shall mean and refer to one or more rooms in a structure, including a bathroom and kitchen, designed for complete independent living and sleeping purposes for one or more persons. 

ARTICLE VI: COVENANT FOR MAINTENANCE ASSESSMENT

SECTION 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly or other convenient basis.

SECTION 5. Rate of Assessment. Beginning January 1, 2023, and going forward, both Annual and Special Assessments for all Dwelling Units located on a Lot shall be at a uniform rate and collected on a monthly or other convenient basis, as set by the Board of Directors for the Association.

ARTICLE VIII: USE RESTRICTIONS

SECTION 13. No Further Subdivision. No Lot shall be further subdivided or partitioned except by Association and then only with the approval and consent of the City, the County and other applicable Governmental Agencies. Except as otherwise provided in this Declaration, no Owner may physically or legally subdivide the Lot in any manner, including dividing such Owner’s Lot into time-share estates or time-share uses. This provision does not limit the right of an Owner to (a) rent or lease the Owner’s entire Lot or a Dwelling Unit by a written lease or rental agreement subject to this Declaration, (b) sell such Owner’s Lot, or (c) transfer or sell any Lot to more than one (1) person to be held by them as tenants-in-common, joint tenants, tenants by the entirety or as community property. Any failure by the tenant of the Lot to comply with the Governing Documents constitutes a default under the lease or rental agreement.

September 24, 2022

Proposed VPCA CC&R Amendment #2

Amendment Threshold

Underlines indicate proposed new language.

Strikeovers indicate proposed deletion of existing language.

ARTICLE X: GENERAL PROVISIONS

SECTION 3: Amendment.The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot Subject to this Declaration, their respective legal representatives, heirs, successors and assigns, and are imposed upon the property as a servitude in favor of each and every parcel of land therein as a dominant tenement. The covenants and restrictions of this Declaration may be amended by not less than two-thirds (2/3) of the Lot Owners. Any Amendment must be properly recorded. The Covenants and Restrictions of this Declaration may be amended as follows:

  1. Notice of a Members Meeting, Ballots and Proxies are mailed to all Members at least thirty (30) days prior to the Members Meeting;
  2. Quorum for a Members Meeting to amend this Declaration is a majority of the voting power of the Association (319);
  3. At least two-thirds of the Ballots accepted by the Inspector of Election and counted must be in favor of the proposed amendment to this Declaration (proxies submitted for quorum purposes only shall not count as a Ballot toward the two-thirds threshold), and;
  4. Any amendment must be signed by the Secretary of the Association and duly recorded in the Official Records of Orange County Recorder’s Office before it is effective.

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Amendment #1 addresses the possibility of second dwelling units on our lots, which were designed 54 years ago for just one dwelling unit per lot. However, recent State law is permitting more than one dwelling unit on a lot without any additional parking required. Currently, the amount of monthly dues paid by all lot owners would remain the same, which would not be fair since additional dwelling units create an undue burden on those lots with only one dwelling unit, especially with regard to increased parking demands. Therefore, to provide equity regarding dues, it is proposed that dues be based on the number of dwelling units on each lot. Therefore, each dwelling unit would be assessed monthly dues. Further, to mitigate the adverse impact on parking, it is proposed that lot splits be prohibited. (Under current law, If an owner splits a lot, two duplexes, resulting in four dwelling units, could exist where there used to be only one.)

Amendment #2 addresses the threshold needed to amend the CC&Rs. Currently, 2/3rds of all 636 members must vote in favor of an amendment for it to pass. The proposal is to require 2/3rds of those voting to approve an amendment. The requirement to send ballots to all members 30 days in advance and to establish a quorum remains. The current requirement is very, very, difficult to achieve, largely because of apathy within our membership. Often, we fail to get even 50% of our membership to vote. If passed, this proposed amendment would apply only to future amendments and would not affect the requirement for the passage of Amendment #1 or #2. A community meeting is scheduled for Wednesday, November 2 at 7:00 pm in the clubhouse to discuss the proposed amendments. Ballots will be mailed out November 9th.

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