POA urges voters to turn in election ballots

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Ballots for the POA’s special election were mailed to all prime members in “good standing” with the POA. The POA urges voters to turn in their ballots by the deadline on Monday at 9 a.m. As of Tuesday evening, only 923 ballots were turned in. To meet quorum, 1,526 ballots are needed. Oct. 24 was the mail in deadline. Voters may drop off their ballots in person in the ballot box at the POA office.

If quorum is not met on election day on Oct. 28, the special election will be adjourned by approximately 30 days, which comes at an additional cost to the POA.

In addition to reaching quorum, the POA must reach the following approval thresholds:

Articles of Incorporation & Bylaw proposed amendments, measures 1-3, each requires a favorable vote from the majority of the quorum to pass.

CC&R proposed amendments, measures 4-5, each requires a favorable vote from 2/3 of the total members within each tract to pass. CC&R amendments require a greater approval threshold and each tract will have its own CC&R measures result. Example – tract 1 could pass and tract 2 could fail.

Voters who do not want to cast a vote on any measure but want to help reach quorum may do so by marking the box that says “for quorum purposes only.” By doing so, the voter is forfeiting the right to vote on any measure but will help to reach quorum.

Ballots are processed by the POA’s Inspector of Election. Ballot updates are posted under Canyon Lake at myhoavote.com. Questions regarding election materials should be directed to HOA Elections of California, Inc. at 951-667-7191 or info@hoaelections.com.

The measures on the ballot are as follows:

Proxy Voting

This measure seeks to eliminate all language in the Articles of Incorporation that reference the use of proxies to be consistent with the 2016 Bylaw Amendment, eliminating the use and practice of proxies.

Proxies were already removed by vote of the POA members; however, the Articles of Incorporation include conflicting language that presents an inconsistency with the Bylaw Amendment. Therefore, an update to the Articles of Incorporation is needed to provide clear declaration in all of the POA’s governing documents as to the discontinued use of proxies. The quorum requirement for this item is one-third of the voting power.

Cumulative Voting

The stability of the governing board depends on a balanced representation of the membership within the community. This can be hampered by both the ability for interested groups to collect proxies and encourage cumulative voting to elect a candidate of their choice. This process, when coupled with the two-year terms and annual elections, has led to a new board every year that can radically change the course of the community every year based on the actions of a minority of members.

The process of stabilization has started by eliminating proxy voting a few years ago and with this special election, the POA seeks to extend the terms to four years, eliminate cumulative voting and hold elections every two years.

If approved, this will not change the number of members who need to vote to make quorum and will encourage members to vote for those they believe will best serve the community.

This measure was on the ballot in 2016 where it failed by approximately 10 votes. It is proposed as a measure on the ballot again based on member feedback and industry standards that recommend the elimination of the outdated practice of cumulative voting. The quorum requirement for this item is one-third of the voting power.

Board Terms

The POA is an intricate, large-scale master association with multi-year, large-scale repair and modernization projects always in process. Efficient operations and implementation of projects are significantly hindered by annual changes in the board. These changes cause the board to act efficiently for about six months out of the year. The other six months are spent in the election cycle and the needed orientation process.

In recent years, measures of term extension have occasionally been placed on the ballot to align with modern HOA/POA governing documents and industry best practices. More recently, some associations have been moving toward staggered four-year term limits for board members. This measure was placed on the ballot to help further align with modern practices, to improve efficiency and governance by avoiding the annual turn-over of the board and to add stability in the POA’s governance. The quorum requirement for this item is one-third of the voting power.

How will the POA transition from the annual election for two-year terms to elections every two years to four terms? The 2020 Annual Election for the Board of Directors will elect two directors for three-year terms, 2020-2023. The following year, 2021, three directors will be elected for four-year terms, 2021-2025, with elections thereafter held every other year.

Fence Height Restriction

Over the years, the community has requested six-foot fences to improve privacy. In recent years, boards have agreed with this request and based on an informational poll two years ago, began routinely accepting requests for six-foot fences on a case-by-case basis. After approving dozens of fences without complaint or protest, the board feels the community is in favor of this change.

By approving this amendment, members would have an express right to fences at this height now and into the future; given it’s approved by the ACC.

The quorum requirement for this item is one-third of the voting power.

Roof Materials

The ACC Committee and staff have concerns regarding the committee’s authority to grant ACC approval under certain circumstances and would like to establish a protocol regarding the same, so as to reduce the number of ACC applications that are denied and thereafter presented to the board for approval.

The various CC&Rs for the tracts within Canyon Lake, under Sections 7 and 8 of General Prohibitions and Requirements states as follows:

Every building, dwelling or other improvement having a roof shall use a roof covering material of cedar shakes, wood shingles, clay or cement tile, or built-up roofing and colored rock.

In addition, Rule P.5.3 states that every building, dwelling, or other improvement having a roof shall use a roof covering of tile (clay or cement), cedar shake, wood shingle, or built-up roofing and colored rock. Shake or wood shingle roofs are not recommended. All roofing materials must be approved by the committee and highly-reflective roof colors are discouraged.

The California Director of Forestry and Fire Protection has designated Canyon Lake an area that qualifies as a very high Fire Hazard Severity Zone. In 2014, the California Health and Safety Code/Section 13132.7 went into effect. This section indicates that no common interest development may require an owner to install or repair a roof in manner that is in violation of the Health and Safety Code, and associations within a very high Fire Severity Zone must allow for at least one type of fire retardant roof covering material that meets the requirements of this section.

Due to changes in the California Health and Safety Code, which now have placed specific restrictions on the roof material allowed, the POA recommends that the CC&Rs are updated with different roof materials but are fire retardant and in compliance with California Health and Safety Code as a legal nonconforming use.

By approving this amendment, Canyon Lake will comply with the California Health & Safety Code Section 13132.7. The quorum requirement for this item is one-third of the voting power.

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