Governing Document is a general term for all the documents that describe the rights and responsibilities of homeowners and the Association. When you purchase a home in Nepenthe you agree to abide by all provisions of the governing documents.
A member in good standing is one who is current in his/her payment of assessments and who is not in violation of the governing documents. Members who are not in good standing may have their voting rights and other privileges suspended by the Board.
BYLAWS
The Bylaws are a legal document, subsidiary to the CC&Rs that defines the duties and powers of the Board, establishes procedures for the conduct of elections, etc. May be amended only in an election, with a majority of all homeowners (296 or more) voting affirmatively. All homeowners receive copies of the Bylaws when purchasing their homes. Copies are available here
ELECTIONS
Board elections are held every spring. Any homeowner in good standing may run for the Board. Each home has one vote, regardless of the number of occupants or legal owners. A Board election is not valid unless at least 25 percent of all homeowners participate. Ballots are mailed to all homeowners in April. Results are announced at the Annual Homeowners Meeting in May. Elections may also be held at any time to fill a vacancy on the Board, to revise the governing documents, to impose special assessments or for any other lawful purpose.
CC&R’s
The Nepenthe CC&R’s (Covenants, Conditions and Restrictions). Is a legal document filed with the State of California that defines the basic powers and authority of the Association. It also defines many of the property rights and obligations of owners and may be amended only in an election, with a majority of all homeowners voting affirmatively (at least 296 out of 590). All homeowners receive copies of the CC&Rs when they purchase their homes. Copies are available in the office or Final Revised CCRs.
DAVIS-STIRLING
The Davis-Stirling Act is the main section of California civil code that regulates homeowner associations. A current copy is kept on file in the office for any homeowner to review during business hours. Copies will be provided for a reasonable fee. Or go to davis-stirling.com.
HOMEOWNER DISPUTES AND HEARINGS
In a dispute between the Association and a member, either party may request in writing that the other meet and confer. If the parties agree on a resolution of the dispute, the agreement will be put in writing and signed by the parties. The agreement is binding and can be enforced by the courts. If the parties cannot agree on a resolution, and either party intends to sue in superior court, both parties must first attempt alternative dispute resolution. Copies of Nepenthe’s dispute resolution policy are sent to homeowners every December. The policy is posted on the web site. Copies may also be obtained from the office.
Neither Nepenthe Association nor its members may file an enforcement action in superior court unless the parties have attempted alternative dispute resolution (typically, mediation or arbitration). The mediator or arbitrator must be acceptable to both parties. Parties share the costs equally unless they agree otherwise. Copies of the Nepenthe’s dispute resolution policy are mailed to homeowners every December. The policy is posted on the FirstService Residential website under Association Documents. Copies may be obtained from the office.
If a homeowner wishes to challenge a notice that he is in violation of the governing documents, the Board must give them a private hearing if he asks for one. If a homeowner ignores a notice to cease a prohibited activity or to correct a violation, or if he is more than 90 days late in paying assessments, he will be invited to a hearing before the Board, but cannot be compelled to attend. The Board must call a hearing before imposing a fine or other penalties.
The Board may grant a variance if a homeowner makes a compelling case for relief from the restrictions contained in the governing documents. It is the homeowner’s responsibility to obtain and retain a written record of the variance and any conditions approved by a vote of the Board. If such a record does not exist, or is at odds with the Board’s own records and policies, the alleged variance will be deemed invalid and the homeowner may be held liable for any corrections and the cost of repairing any damage. A variance may be granted only by a vote of the Board of Directors.
Business or commercial activity may not be conducted in any residence without prior written approval of the Board.