ADR POLICY
ALTERNATIVE DISPUTE RESOLUTION
The Association is required to inform the members annually of the Alternative Dispute Resolution Civil Code Section 5930 states that in any dispute related to enforcement of the governing documents by injunctive or declaratory relief which does not also involve a claim for money damages in excess of $5,000.00, other than Association assessments, before any party may file a civil suit in a court of law, the parties should endeavor to submit the dispute to Alternative Dispute Resolution such as arbitration or mediation.
"Failure of a member of the Association to comply with the Alternative Dispute Resolution requirements of Section 5930 of the Civil Code may result in the loss of that member's rights to sue the Association or another member of the Association regarding enforcement of the governing documents, or the applicable law."
RIGHT TO RECEIVE MINUTES
Civil Code Section 4950(a) provides that the minutes, or a draft of the minutes, of any Board of Directors meeting shall be available to the members within thirty (30) days of the meeting. The minutes shall be distributed to a member upon their written request and upon reimbursement of the Association’s cost for making that distribution. The cost is $1.00 per set of minutes, payable in advance to Pacific Management Company.
The meeting minutes are posted in the bulletin board located at the Beach Club within thirty (30) days of the meeting.
REFUSE AND TRASH CONTAINER POLICY
Refuse and trash containers and their storage areas shall be screened and concealed from view. Trash enclosures should be constructed of similar or complimentary material as used on the main structure.
Refuse and trash containers may be placed on the street after 3:00 PM on the day prior to a scheduled pick up. Containers are to be removed from the street by 12:00 midnight on the day of a scheduled pick up.
COMPLAINTS REGARDING NON-COMPLIANCE
The Association’s policy pertaining to complaints regarding non-compliance with the CC&R's is as follows:
In order to be considered valid and for any action to be taken, all complaints must be submitted in writing to the Association and signed by the complaining homeowner. All complaints will be held in confidence, unless the matter goes to a Court of Law.
AGENDA REQUESTS
If any member would like to be heard by the Board of Directors or has an issue that they would like the Board of Directors to consider at a meeting, the member should submit their request in writing at least ten (10) days before the next scheduled Board of Directors meeting. The correspondence will be included on the Agenda for the Board’s review and consideration.
SCHEDULE OF PENALTIES FOR VIOLATIONS OF THE CC&R’S
RIVERLAKES RANCH MASTER ASSOCIATION
The Civil Code allows the Board of Directors to adopt a policy of imposing monetary penalties or fees on a member for a violation of the Association’s governing documents. It requires that the Board of Directors adopt and deliver to the members a schedule of the monetary penalties and fees that may be assessed.
Upon the first infraction, a courtesy warning letter will be mailed to the homeowner’s last known address.
Upon the second infraction of the same offense, a pending fine of $25.00 will be levied against the homeowner’s account. At least ten (10) days prior to the next scheduled Board of Directors meeting, a letter will be sent First Class to the homeowner advising them of the pending disciplinary action and providing them the opportunity to attend the meeting and address the board. The homeowner can also request to meet with the Board of Directors in executive session immediately following the regular meeting. Within fifteen (15) days following the Board of Directors meeting, a letter will be sent First Class advising them of the action taken.
Upon the third infraction of the same offense, a pending fine of $50.00 will be levied against the homeowner’s account. At least ten (10) days prior to the next scheduled Board of Directors meeting, a letter will be sent First Class to the homeowner advising them of the pending disciplinary action and providing them the opportunity to attend the meeting and address the board. The homeowner can also request to meet with the Board of Directors in executive session immediately following the regular meeting. Within fifteen (15) days following the Board of Directors meeting, a letter will be sent First Class advising them of the action taken.
Upon the fourth infraction of the same offense, a pending fine of $100.00 will be levied against the homeowner’s account. At least ten (10) days prior to the next scheduled Board of Directors meeting, a letter will be sent First Class to the homeowner advising them of the pending disciplinary action and providing them the opportunity to attend the meeting and address the board. The homeowner can also request to meet with the Board of Directors in executive session immediately following the regular meeting. Within fifteen (15) days following the Board of Directors meeting, a letter will be sent First Class advising them of the action taken.
Upon the fifth infraction of the same offense, the case will be brought before the Board of Directors for review and to forward to the Attorney.