2017 Bylaws Information

 

Our 2017 Bylaws vote will start at the beginning of June, and ends on July 17, 2017.  Ballots will be recorded on July 18. The board cannot currently approve Bylaws changes, so this proposed version needs to be voted on by you.  This is an entire rewrite of our current Bylaws, and you should read the proposed version thoroughly.  We have been working on this since 2012, in conjunction with our lawyer, and are pleased to present the final product.  The Board of Directors asks you to vote on this proposal by the deadline listed in the ballot.  Note that is is very expensive and time consuming to have a membership vote like this, and if we do not receive enough valid ballots to achieve quorum requirements we will need to spend even more time and money to do so.   Note that we have ONE web page and everything you need will be here.  We will update it periodically as questions arise that may be of general interest.


Some of our goals which are met with these bylaws include:


  1. Compliance with current HOA law, The Davis-Stirling Act

  2. Creation of a Swim Team Committee

  3. Board reduction from 9 directors to 7

  4. Ability to have the board modify portions of the Bylaws without a homeowner vote

  5. Better quorum definitions

  6. Better membership definition

  7. Eliminates Annual Meeting requirements

  8. Eliminates mandatory audits by a CPA

  9. Allows recovery of expenses in lawsuits


Click on the link to email us with any questions: hoa@belwoodhomes.org


Click on the links below for PDF copies of material:


Copy of Proposed 2017 Belwood Bylaws


Copy of Existing Belwood Bylaws


Copy of Ballot


Bylaws Frequently Asked Questions (will be periodically updated):

Any new questions we receive will be added to the list below.


Why do we need to update the Bylaws? 

Our Bylaws are currently outdated, too restrictive, and are not in compliance with California Civil Code. 


What are some of the main changes? 

See some below.  Note that this is not a complete list but will help you understand our goals.


Compliance with current HOA law- This is a big one.  It really modernizes our by-laws and makes sure we are compliant with California HOA law.  We have inconsistencies today which need to be rectified.


Swim Team Committee- We will be codifying the Belwood Dolphins Swim Team as a committee of the HOA.    It helps with liability, role clarity, and general operational efficiency.  There should be no change to how the swim team operates today, but it just makes sure that it’s correctly documented.


Board reduction from 9 directors to 7-  Our lawyer advised us our board is bigger than most and given the challenge we have recruiting new board members, we feel it will be more effective this way


Ability to have the board modify portions of the by-laws without a homeowner vote- Another best practice.  Our other governing documents provide boundary conditions, and since by-law changes can be very expensive and time consuming this greatly helps the board with operational and governing efficiency.  But it makes sure that you, the owners, vote on significant changes.  Elements that require an owner vote are outlined in the California Civil Code.


Better defining Quorum- Again, a best practice.  Eliminates the need to go door to door begging for votes for minor things, but maintains owner control over major items.


Better Membership Definition- We will be listing, by address, each Class A unit of the 279 members along with the Class D addresses.  It eliminates all confusion for this board and boards moving forward.


Eliminates Annual Meeting Requirements- In the many years I’ve been on the board, we’ve had about a handful of residents show up to the annual meetings, and typically nobody does.  While we can optionally have one, it eliminates the need to do so.  Everything that would be discussed is already provided in the October election mailing or can be addressed at any board meeting.


Eliminates mandatory audits by a CPA- Our current by-laws mandate we have an audit very three years.  This is an expensive, time consuming process that is not necessary nor required by CA law.  We already have an annual review by a CPA, so this eliminates excessive requirements.


Allows recovery of expenses in lawsuits- I’ve mentioned before that we were involved in litigation trying to get a member to pay their annual dues.  This resulted in significant HOA legal expenses that we were NOT able to recover.  Hopefully we’ll never need it again but in the case that we do we need to be protected.


Proper Signatures- Believe it or not, we do not have a signed copy of our current by-laws certifying ratification.  This is a legal problem, and we will ensure this gets fixed.