POA Board to vote on proposed rule changes

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Below are the current 30 Day Readings for proposed rule changes up for approval by the POA Board of Directors at the next Regular Session Board Meeting on Tuesday, Jan. 2.

Over the course of several Security Advisory Committee meetings, members have raised concerns regarding the use of POA amenities, parks and beaches by service personnel. The Security Advisory Committee has recommended that service personnel be issued a separate colored pass and additional rules/regulations be considered. This issue was discussed at the October Rules and Regulations Committee meeting and it was determined that the best way to limit amenity use was to restrict parking.

The new proposed rule, GR.5.3w, states that vehicles displaying service provider/contractor passes shall only park in the vicinity where work is being performed and not in parks, beaches, or other amenity parking. The fine for violating this rule is  $50.00

The Election Qualification rule, GR.1.5b.3, is rationally related to the protection, preservation and proper operation of the POA and the purposes of the POA as set forth in its governing instruments.

The proposed rule revision for GR.1.5b.3 states that prior to the Annual Meeting, the Nominating Committee will distribute a request for candidates form, seeking candidates for the Board. The form must be completed by candidates or by a nominating member and received by the Nominating Committee by the deadline stated in the form in order to ensure the candidate’s name appears on the ballot.

Regardless of whether a candidacy form was completed, any candidate may still be nominated by himself, herself, or by someone else from the floor of the Annual Meeting. All candidates: a) Must be Prime or Associate member in good standing as required by the By Laws; and b) Not have been convicted of a crime that involves moral turpitude within the past 10 years.

Members with children under the age of 14 have expressed concern regarding their child’s ability to access the community through the pedestrian gate at Main Gate. Currently, access is granted when a valid POA card is swiped or when the person requesting access is verified by the gate attendant via an intercom.

Approval of the proposed rule revision would allow children under the age of 14 to obtain a POA card for community identification and access. At the October Rules and Regulations Committee meeting ,the portion of the rule pertaining to the lower age limit of 14 was discussed and the following recommendation was made:

An owner of record to a lot who is not the Prime Member shall be an Associate Member. Members of the Prime Members’ family shall also be Associate Members. The term family is defined as one or more individuals (related or not) who live together as a common household up to age 21 who reside on a full-time basis with the Prime Member. Associate Member cards are authorized to each Associate Member per lot. Membership cards are non-transferable.

To adopt specific rules to fit the POA’s needs rather than the entirety of the Vehicle Code which is best left to enforcement agencies trained and equipped to enforce all of the state laws set forth in the California Vehicle Code. The General Information for Vehicles rule change is rationally related to the protection, preservation and proper operation of the POA and the purposes of the POA as set forth in its governing documents.

The proposed rule revision for GR.5.1 states that any motor vehicle operated within the community of Canyon Lake Property Owners Association shall be operated in accordance with these rules and in a safe and prudent manner.

Additionally, the CLPOA has adopted the Rules and Regulations of the California Drivers Handbook issued by the California Department of Motor Vehicles and commonly known as the ‘Rules of the Road” as the basis for implementation of the following Rules for Motor Vehicles.

The ‘Rules of the Road” is a set of customary practices, especially for the operation of a motor vehicle established to promote efficiency and safety, which must be followed to the extent applicable. Violations may result in disciplinary action, including fines and or legal enforcement proceedings.

The Maximum Speed Limit Requirements rule revision places members on notice as to potential methods of speed enforcement systems Community Patrol may use to monitor and detect vehicles that are operating at an unsafe speed. The rule change is rationally related to the protection, safety, preservation and proper operation of the POA and the purposes of the POA as set forth in its governing documents.

The proposed rule revision for GR.5.1c states that a maximum speed limit of 35 miles per hour is posted on the following major thoroughfares: Canyon Lake Dr. North and South, Continental Dr., Vacation Dr. and Longhorn Dr. All other streets carry a maximum speed limit of 25 miles per hour.

Posted speed limits within the community will be enforced by Community Patrol and may be enforced through, but not limited to, the use of radar speed guns, radar speed enforcement cameras or other speed enforcement systems.

Any person who receives additional speeding citations within 36 months of a previous offense shall be subjective to a progressive fine after notice and an opportunity to be heard. The progressive fine shall be compounded for each additional offense.

Per the Davis-Stirling Act, which applies to all common interest developments in California, before adopting or amending an Operating Rule or changing the Fine Schedule, the POA Board of Directors must provide notice of a proposed rule change at least 30 days before making the rule change. The text of the proposed changes must be made available to the membership at least 30 days prior to their adoption by the Board of Directors [Civ. Code §4360(a).].

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