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Rescinding The Fine System
Whereas: California Civil Code Section
1363(g) provides "If an association adopts or has adopted
a policy imposing any monetary penalty, including any
fee, on any association member for a violation of the
governing documents or rules of the association, including
any monetary penalty relating to the activities of a
guest or invitee of a member, the board of directors
shall adopt and distribute to each member, by personal
delivery or first-class mail, a schedule of the monetary
penalties that may be assessed for those violations,
which shall be in accordance with authorization for
member discipline contained in the governing documents.
The board of directors shall not be required to distribute
any additional schedules of monetary penalties unless
there are changes from the schedule that was adopted
and distributed to the members pursuant to this subdivision,"
and
Whereas: A Superior court decision was
rendered 4/17/2007 holding that The Rancho Tehama Association
did not distribute the fine system to each member by
personal delivery or first-class mail prior to the lawsuit,
and
Whereas: A Superior court decision was
rendered 4/17/2007 holding that The Rancho Tehama Association
documents do not anywhere provide authorization to use
a monetary penalty for member discipline,
Now therefore be it resolved that: The
Fine System revised June 2003, Resolution 03-2003, Resolution
04-2003, Resolution 05-2003, Resolution 07-2005, and
Resolution 09-2007 all be Rescinded.
Be it further resolved that: Should
the 4/17/2007 Court Decision be overturned for any reason,
OR should The Rancho Tehama Association governing documents
be amended or changed to provide the use of monetary
penalties for member discipline, then a new operating
regulation for a "Fine System" will be created and adopted
in agreement with Civil Code 1357.130.
I certify that: I am the duly qualified
and acting Secretary of Rancho Tehama Association, a
California Corporation.
The foregoing is a true copy of a Resolution
duly adopted by the Board of Directors at a meeting
on August 21, 2007 and entered into the minutes of the
book of the Corporation.
The Resolution is in conformity with
the Articles of Incorporation and By-laws of the Corporation,
which were amended on April 7, 1998 and is now in full
force and effect.
Date_____August 21, 2007____________
_________Sheri J. Schultz____________
Sheri Schultz, Corporate Secretary
10/17/2007 3:51 PM
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