Annual Meeting of Kentfield Commons

Difference between Rules and CC&R amendments:

Here, the annual meeting date is not a rule, but is a CC&R. Accordingly, it must be complied with unless an amendment to the CC&R's is approved by the owners. A rule could be made setting the specific meeting date, but that meeting date must be within the parameters set by the CC&R's. (Any rule must be consistent with the CC&R's from which the rule making authority is derived.)

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Hooray! After 25 years, we finally get compliance with the CC&R's regarding time of holding annual meeting.

The Annual Meeting will now be held in May (May 5, 2011) instead of September, which is consistent with the CC&R's. (CC&R's specify that it be held the first Tuesday of March of each year or not more than 60 days before or after such date.)
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Copy of my correspondence which addressed the mandatory time of the annual meeting:
Email dated 9/21/2010
To the Kentfield Commons Board and Community Manager:

Request for compliance with Kentfield Commons CC&R’s.

The CC&R’s use mandatory language "...shall..." and are very specific as to the annual meeting. The specifics are that it shall be on the first Tuesday of March of each year at 7:30 p.m.  …as close thereto as possible or time (not more than 60 days before or after such date)

The Board was reminded of this requirement at the last annual meeting on September 23, 2009.  This requirement was ignored and is again being ignored. The Second Amendment to the CC&R’s recorded May 25, 1988 does not change this requirement.

From: California Condo & HOA Law by Attorney Beth Grimm

http://www.communityassociations.net/cacondoguru/archives/2005/12/ccr_and_rule_ch.html

The difference between rules and CC&R amendments is this: Unless the governing documents require owner approval to pass rules and regulations, the Board can do it without taking a vote of the members. An amendment to CC&Rs on the other hand does require owner approval, and the percentage needed to amend the CC&Rs is usually stated in the CC&Rs. If it is not, then Civil Code Section 1355 requires majority approval. Another difference is that rules and regulations are not recorded with the County but CC&R amendments, to be effective, must be recorded with the County (per Civil Code Section 1355).

DECLARATION OF THE ESTABLISHMENT OF COVENANTS, CONDITIONS AND RESTRICTIONS

From Page 8 of the Kentfield Commons CC&R’s:

6. Meeting of Members

c. Annual Meeting. There shall be a meeting of the members

on the first Tuesday of March of each year at 7:30 p.m. within the

subdivision or at a meeting place as close thereto as possible or time

(not more than 60 days before or after such date) as may be

designated by written notice of the Board delivered to the members not

more than sixty (60) days nor less than ten (10) days prior to the date

fixed for said meeting. More than ten (10) days prior to the annual

meeting the Board shall deliver to all members an annual operating

statement of the maintenance fund itemizing receipts and disbursements

for the preceding fiscal year.

 Once again, I ask that the Board comply with the Kentfield Commons CC&R’s. In the alternative, the CC&R’s can be changed. While at it, I suggest that a more hospitable date as to weather be chosen if it is to be held at the pool. (Earlier in the year but after issuance of the budget and financial statements which was May 26, 2010 this year)