2008 Annual Meeting Information

March 25, 2008

RE: HOA Member Comments on Proposed By-laws Amendment

Comments from HOA members are posted here, in chronological order, as the HOA receives permission to post them. Comments will also be available in printed form at the April 5th Annual Meeting.



4/2/08 Casey Roloff:

We are very pleased by the recent amendment changes to the rental procedures in Bella Beach. The new changes will ensure high standards of quality for all future residents and guests staying in Bella Beach. I applaud the efforts of the HOA in addressing these challenges in a very thoughtful manner.

Casey Roloff
Owner/ Bella Beach Property Management



3/30/08 Pam Getty:

Dear Homeowners,

I am writing as an owner not a Board member.

I would like to point out that I have been at many meetings (open meetings) where this rule has been discussed over the past 18 months (not to mention its publication in at least 2 HOA newsletters). This is not something Board “threw together“. The Board is not proposing a change to the CC&R’s, but is proposing the addition of a by- law. There is a difference.

Also, I believe that the Board chose to put this up to a vote to give all homeowners a say. This was the right thing to do. The fair thing to do. As an owner and someone who rents out their vacation home, I find the Board is doing their due diligence, by asking to know the property managers . It is so important to know how to get a hold of them. We have so many owners that live out of state and the Board has done an exceptional job keeping in touch with them and their property managers, if something has happened to their property (such as trees falling on their homes, road, fences, etc ).

This proposed by-law is out of care and concern for all homeowners. This is not intended to limit the number of property managers, in fact the wording specifically prohibits a limit. We all still have the right to pick any property manager we want from the approved list, we will always have this right.

As an owner, I have to say that this Board continues to think of what is best for our community. This is their job. I know they realize they cannot make everyone happy. But what they can be proud of is the time, effort and thought they have put in to their jobs as Board members and how deeply they care about Bella Beach and all owners.

We have such a wonderful community, I am so happy all owners are all wanting to keep it safe and special. It’s the right thing to do. I love our little community. Thank you all for making it feel like home and keeping it so beautiful.

Pam and Tom Getty
Bella Buttercup



3/29/08 Lisa Ward:
This is not something you push through. You are talking about changing the CC&R’s that we all bought into, and the board has said nothing about the negative consequences to this change. There should not even be a vote until there is an informative meeting. Also, why are you pushing a few people’s opinions on the community: the board urges you to vote “yes” I would recommend that you run up more of the homeowner’s dollars and find out if swaying the homeowners before a vote is legal?



3/29/08 Lisa Ward:
There should not be a vote on amending the CC&R’s, there has not even been a meeting on the advantages and disadvantages of the amendment; why would the board want to amend the CC&R’s without a meeting on the subject? There are more than five people in this community lets hear from all of them before amendments are made to the CC&R’s that we all bought into!

Also, how many units are in the BB?



3/26/08 George Heiner:
My name is George Heiner And I own the Mermaid house at 33 Ocean View.
I believe it is premature to vote on a change in the CC&R's:

I am shocked by the rules, fines and invasive measures by the board over the last year and a half and the current attempt to become heavily involved in the homeowners choice of who to hire to manage their property. If the company must first become screened by a process put together by the board, doesn't that make the board then liable for a faulty screening process? ( if they should so chose to take on such a position?) From what I read it seems to me that these measures are being taken due to a lack of ability to enforce. However, I believe that the current direction will lead to further conflict and possible litigation.

Even now with violations of rules being subjected to a security deposit, I see a potential time bomb. What if some one breaks something at the rental and the security deposit is used up for that. What takes priority, the homeowners damage or the boards broken rule? If the decision becomes to take it out of a credit card this could become the pathway to a law suite. For one thing I believe the fines are excessive. They may also be on shaky legal ground. For instance in most states it is against the law to disturb the peace after 10PM. This is why CC&Rs that specifically address activities that obviously disturb the peace are able to establish rules against such activities. However the Bella beach board makes it a finable offense to use a hot tub during certain hours. My sisters board in California was unable to do this because it conflicts with property rights. Furthermore arriving home after 10:00 PM, or having a barbecue at 10:30 PM, or drinks on the porch; can all be loud and annoying activities, but a home owner has the right to do those activities, what they don't have is the right to disturb the peace in the process. Once you link your fines for broken rules to property Management companies and ask them to use the security deposit for the fine you are essentially asking them to partner with the association, sign off on and enforce these rules. This alone may eliminate some very good companies who believe that collecting fines for Bella beach is not part of what they want to be in the business for. Not to mention that it would place both the HOA and the management company in the line of fire for potential law suites. Although it is true that you already have these rules in place, by your own admission they have not been enforceable. They havent yet been tested with any measure of success. There might be a good reason you are having a difficult time trying to enforce the rules. It could be a problem with the rules and a problem with how you are attempting to modify peoples behavior. Its time to reflect and re-evaluate. I do not believe this issue is ready for a vote. It would make more sense to re-examine the rules and other ways of achieving the type of atmosphere we all seek at Bella.

Sincerely, George Heiner