Discovery Bay Property Owners Association

Transcription

1 DiscoveryBayPropertyOwners Association 2008 PLP L A N N I N G F O R T H E F UTURE This document contains the Board approved informationthatwascreatedbyacommitteeofthe elected Board. The task was to develop a plan to increase the effectiveness of the property owners association for the next twenty years, including operational details and funding requirements; and to educate the membership on the plan in preparationforavotetoincreasethedues.

2 TableofContents OfficialOrganizationsRegardingOurProperty Page1 DiscoveryBayPropertyOwners AssociationMission.Page2 BoardElection...Page3 CurrentDBPOAFunctions..Page4 Suggestionsbymembersforimprovement.Page5 BoardPlanforTheFuture Page6 PlanImplementationSchedule. Page7 BylawVotingmessageincludedwithballot Page8

3 First in a five part series describing the function, mission and activities of your Property Owners Association as we plan for the next 20 years OFFICIAL ORGANIZATIONS REGARDING OUR PROPERTY All of us, at one time or another, have questions relevant to owning a property in Discovery Bay. Who do you need to interact with to obtain official review and approval of planned projects so you can proceed with the design, construction, remodel or other improvements and life quality issues? We live in an area where there is local zoning, building codes, government regulations, and development Covenants, Conditions and Restrictions. So who are these organizations we must interact with: Contra Costa County Planning and Building Inspection Departments Reclamation District 800 (REC800) Town of Discovery Bay Community Services District (CSD) Discovery Bay Property Owners Association (DBPOA) and their appointed Design & Environmental Review Committee (DERC) Contra Costa County Sheriff s Department California Highway Patrol All of the organizations are either publically elected or governed by those that have been elected. The general responsibilities of each organization for the properties in the DBPOA are as follows: RESPONSIBILITES Building Codes and Safety Issues Levee integrity, docks, decks and pools on and or near the levees Public domestic water system, sewer system, general public landscaped areas and Community advisor to County Supervisors Home architectural and landscaping design & maintenance, use, occupancy and enjoyment of your property Enforce civil and criminal codes Enforce moving vehicle codes ORGANIZATON Contra Costa County Planning and Building Inspection Reclamation District No. 800 (REC 800) Town of Discovery Bay (Community Services District) Discovery Bay Property Owners Association (DBPOA) Contra Costa County Sheriff s Department California Highway Patrol In our community all requirements specifying levee maintenance, decks, docking, and berthing for our boats is governed by REC 800. Contra Costa County Planning Department reviews all building applications to ensure that they comply with the Uniform Building Code and the ordinances in force in the County. The Town of Discovery Bay approves all water and sewer connections. These responsibilities should not be confused with the DBPOA S area Convenants, Conditions, and Restrictions (CC&Rs). When we purchased our property here, we agreed to conduct the use of our property in accordance with those provisions. Our CC&Rs and government regulations overlap in a few cases and in the case of differences, the more restrictive CC&R applies. The Sheriff s Department enforces civil and criminal codes and driving laws are California Highway Patrol responsibilities, with each agency aiding the other from time-to-time. These organizations all add value to Discovery Bay by working with property owners, architects, and builders. LOOK FOR OUR NEXT MESSAGE WHERE WE WILL DELVE FURTHER INTO THE MISSION OF THE DISCOVERY BAY PROPERTY OWNERS ASSOCIATION (DBPOA). Board of Directors of the Discovery Bay Property Owners Association Mark Lee Michelle Carlson Omar Hindiyeh Chris Provencher Ed Turman Jack Parker Carey Harris Page 1 of 8

4 Second in a five part series describing the function, mission and activities of your Property Owners Association as we plan for the next 20 years DBPOA MISSION The purpose of this second mailing is to further our description of your Property Owners Association. The first message covered the differences between the Association and the various other agencies concerned about our properties and how they are designed, constructed, maintained and our uses of them. Here we want to focus on the mission of the Association. The DBPOA mission is to create a community environment that provides a quality of life that allows all members to enjoy the unique living and recreational opportunities in Discovery Bay as it relates to their property. The Association s efforts in seeing the CC&Rs are followed, provides a framework for all to live with mutual respect for each other and their property. The concept for having CC&Rs is to balance the rights of property ownership with the best interests of all owners in the Association. Your Association s twenty-year history in working to help maintain compliance with the CC&Rs on our properties has developed a set of governing documents that include the Articles of Incorporation, the Bylaws, the Construction Standards, and Enforcement Procedures. These documents give your Board the guidance and consistency to see that all property owners are treated with dignity and uniformity. The primary committee group we all come into contact with during any project review process is the Design and Environmental Review Committee (DERC) composed of five volunteer members appointed by the Board. Their task is to review all project plans to see that the adopted standards and the CC&Rs are being followed. They additionally make recommendations to your Board for adjustments to the Standards to take into account changes, which develop over time. The seven all volunteer elected Board members serve two-year terms and carry out the corporate duties of your Association. We are directing this education plan in order for you to have a better understanding of the what and why of the Association. This describes in a very broad way the efforts provided by the Association s volunteers and part-time staff to affect the mission of the Discovery Bay Property Owners Association (DBPOA). BE SURE TO LOOK FOR THE NEXT PIECE, WHICH WILL DELVE FURTHER INTO THE WHAT AND WHY OF THE DISCOVERY BAY PROPERTY OWNERS ASSOCIATION (DBPOA) BoardofDirectorsoftheDiscoveryBayPropertyOwners Association MarkLeeMichelleCarlsonOmarHindiyehChrisProvencherEdTurmanJackParkerCareyHarris Page 2 of 8

5 2.1Mailer ElectionV.2.doc A timely supplement to our second information mailing on the Discovery Bay Property Owners Association Mission YourDBPOABoardElection YourassociationisgovernedbyaBoardmadeupofmembersoftheDBPOA,electedto two year terms. That election process has just begun by the Board appointment of an electioncommitteeandadoptionoftheelectiontimeline,whichisoutlinedontheback of this mailer. Your involvement by voting is important in helping to elect members willingtovolunteertheirservicestoseethatthemissioniscarriedout. Inourlastmessagewedescribedthemissioninatraditionalway,whichwasperfectly accurateandlogical.togiveyouamoredowntoearthinterpretationofwhatismeant by the mission, one could describe it with a comparison we are all familiar with ENSURETHATTHEPROPERTIESINTHEDBPOADONOTBECOMEANOTHERBETHEL ISLAND.TheefforttomakethishappencomesintheformoftheBoard,theDERCand staffworkingtomaintainandenforcestandardsfor:remodelingtheexterior,building new homes, landscape maintenance, house maintenance, parking issues and a few others. The work of the Association has increased over the years as the properties are now almostbuiltout,withtheinitialhomesgettingolder.inthelastseveralyearstherehas beena66%increaseintheplanreviewprocess goingfromanaverageof12permonth to 20. With the community changing from a weekend environment to an active residential community the compliance effort has increased as well. From member feedback this effort has improved the appearance of the Association properties on the whole.weareexperiencingsomeforeclosureissuesresultinginunkemptproperties the Association is using all known resources to see that the lenders make an effort to maintaintheseproperties. Asyoucansee,ourBoardprovidesimportantleadershipfortheassociationtocontinue its community role. Your participation in the selection and election process is also importantforthefutureofthediscoverybaypropertyowners Association BE SURE TO LOOK FOR THE NEXT MAILING, WHICH WILL DELVE FURTHER INTO THE WHAT AND WHY OF THE DISCOVERY BAY PROPERTY OWNERS ASSOCIATION (DBPOA) AND SOME OF THE RECOMMENDATIONS GATHERED FROM OUR INTERVIEWS OF OUR MEMBERS BoardofDirectorsoftheDiscoveryBayPropertyOwners Association MarkLeeMichelleCarlsonOmarHindiyehChrisProvencherFirozBharwaniJackParkerCareyHarris Page 3 of 8

6 Third in a five-part series describing the function, mission and activities of your Property Owners Association as we plan for the next 20 years CURRENT DBPOA FUNCTIONS The first two messages covered the differences between the Association and the various other agencies concerned about our properties and the mission of your Association to maintain our quality of life by getting us all to abide by the CC&Rs. This mailing describes the who does what of the DBPOA. These functions have been in place for 23 years and have not changed, only the rules have been updated and, don t forget, the funding limitation has remained the same while the community has transitioned from a weekend environment to an active residential community. WHO / WHAT INFO / FUNCTION MEMBER SUGGESTIONS DBPOA The Association A California Non-Profit Corp. Seven Member Elected Board Meets once per month Design and Environmental Review Committee (DERC) Five appointed members Meets twice per month Contract Secretarial Services Vicki Laganowsky Part-time Contract Compliance Inspector Dale Welin Part-time * Acts as your confidential voice to get CC&R compliance * Perform all Corporate activity i.e.: Pay Bills, Approve Policy, Hear Appeals, Appoint DERC * Review and approve all exterior construction & landscape projects * Supervise all compliance issues * Recommend updates to standards * Support staff to Board and DERC in their tasks * Execute Board directed business activities * Administer construction application process * Administer enforcement procedure activity * Verify complaints are in fact violations * Re-inspect for compliance * Represent the Association in Small Claims Court * Insure adequate funding for long term viability * Improve the Web site * Telephone contact during work day * Improve workday access by membership * Improve newsletter info * Need method to resolve issues more quickly on site * Improve plan approval turn around time * Telephone contact during work day * Standards need updating to include current construction ideas * Telephone contact during work day * Improve business practices, including records management * Train backup individual * Have inspector come to house and describe the problem to us * Telephone contact during work day * Train backup individual LOOK FOR OUR NEXT MESSAGE WHERE WE WILL BE PROPOSING METHODS FOR IMPROVING ON THE ABOVE NOTED SUGGESTIONS TO MAKE YOUR ASSOCIATION TOP NOTCH ASSOCIATION FOR ALL OF US PROPERTY OWNERS Board of Directors of the Discovery Bay Property Owners Association Mark Lee Michelle Carlson Omar Hindiyeh Chris Provencher Firoz Bharwani Jack Parker Carey Harris Page 4 of 8

7 4th mailer V.5#2.doc Fourth in a five-part series describing the function and mission of your Property Owners Association as we plan for the next 20 years DBPOA FUTURE The first information we provided covered the current Association efforts and activities including suggested improvement ideas from the membership. This describes solutions being considered by the Board as it looks to a more successful future. IMPROVEMENT SOLUTIONS MEMBER SUGGESTIONS STAFFING IMPROVEMENTS o Establish permanent staff member to handle day-to-day interaction with membership on plan review and compliance issues. o Establish back up position to current secretarial help. o Develop relationship with technical help for DERC BUSINESS PROCESS IMPROVEMENTS o Provide permanent location for Association business activity. o Purchase appropriate general liability insurance o Address Association funding. COMMUNICATION IMPROVEMENTS o Improve the web site o Quarterly newsletter to be timely and include reporting of Association activities as they relate to these operating improvements. STAFFING AREAS o Provide a more personal, timely plan approval and compliance resolution process for the members. o Be able to make telephone contact with a real person. o Update the design and review standards. BUSINESS PRACTICES o Improve business practices, including proper insurance, records management and ability to handle business continuity. o Ensure adequate funding for long term viability. MEMBER COMMUNICATION o Keep membership better informed. o Improve the web site. GENERAL o Work with all of Discovery Bay to improve and maintain our unique life style. Before we start to implement the solutions we would like to hear of your concurrence. Please complete the enclosed card and mail it. Important to implementing these suggested improvements is the upcoming Board election in September. The new Board will be looking for your support as they work to solve the various issues. IN OUR EFFORT TO GET A RESPONSE FROM THE MEMBERSHIP WE WILL HAVE A DRAWING OF THE RETURNED CARDS WITH NAMES AND ADDRESSES FOR A $100 SAFEWAY GIFT CERTIFICATE. BE SURE YOU PARTICIPATE BY RETURNING THE ENCLOSED CARD THANK YOU, Board of Directors of the Discovery Bay Property Owners Association Mark Lee Michelle Carlson Omar Hindiyeh Chris Provencher Firoz Bharwani Jack Parker Carey HarriS Page 5 of 8

8 OurFirstStep.TheImplementationPlan OurlastmailerproposalofimprovementstoDBPOAandmembershipsurveyproducedaverypositiveandsupportive responsefromallofyou.wearedelightedwiththepositivesupportthatexceeded80%.wearealsohappyto announcethewinningresponsewassubmittedbynanciesailor.havefunspendingitatsafewaynancie. Asaresultofthispositiveresponse,theBoardhasadoptedalong termplan(attached)andthefollowingdescribes thefirststepofimplementingthesuggestedimprovements.weplanoncontinuingtheuseofthismailersystemas ourmethodtokeepyouinvolvedandabreastofprogressimplementingthisplan.thefirstcutofthisplanisattached foryourinformation. Asthefirststep,wewillhavethemembershipvotetorevisetheBylaws,whichallowsDBPOAtomaintaincurrent operationsandbegintheimprovedservices.thisimprovementwillincludeavailabilityofanassociationstaff membercontacttoaddressmembershipissuesduringtheday.thiswillbeprovidedonapart timebasis. ThisBylawchangewillalsoaddresstwootherissuesthathinderthefutureAssociationoperation.First,member participationinthevotingprocessfortheassociationseemstoalwaysbeaproblem,notunlikemostothervotingin ourcountry.theexistingquorumandapprovalrequirementforaduesincreaseisasupermajority.thechangewe willvoteonwillmakethisthesameasallotherchangestothebylawsbythemembership,a20%quorumand majorityapproval.second,weproposetoallowtheboardtodealwithsmallexpensesandrecoveryincreasesto compensateforthechangescausedbycostinflation. YourBoardadoptedaplantohavethemembershipvotetoincreasethemaximumassessmentlevelto$120peryear. AnyfutureincreaseabovethisBylawlimitationwillrequireanothermembershipvote(otherthaninflationary adjustments). Thefollowingproposedannualbudgetdepictstheincomeandcosts,whichareexpectedfromimplementingthe initialportionoftheplan. Revenue Source Proposed Budget Property Transfers 13,800 Plan Fees 5,000 Fines, Etc. 13,000 Dues 192,000 Misc Revenue 3,700 Total Revenue 227,500 Operating Expenses Office 48,000 Insurance 7,000 Legal 27,000 Property Inspection 30,000 Contract Mgmt & Adm 100,000 Set Aside for reserve 10,000 Miscellaneous 5,000 Total Expense 227,000 Net 500 Solookforourvotingmailer.ThiswillbetheBylawballotandwillb edinmidDecemberwiththevotingperiod runningfor30days. ThenewBoardlooksforwardtoworkingthroughtherequirementstogetyourAssociationestablishedonasound financialandoperationalbasisandtobegintheimprovementsidentifiedfromthevariousmemberinput.again, pleasereviewtheattachedlong termimprovementplanadoptedbyyourboard. BoardofDirectorsoftheDiscoveryBayPropertyOwners Association MarkLeeJackParkerChrisProvencherOmarHindiyehFirozBharwaniPeteBaylacqDominicCarano Page 6 of 8

9 DBPOA LONG TERM PLAN Adopted 10/14/08 This plan objective is to implement the Discovery Bay Property owners Association improvements allowing DBPOA to continue operations and be more successful into the future. The following are the steps that will be taken over the next 2 years to implement the planned improvements. As you can see the first business at hand is to address funding. Prior to any dues increase, we will only have a cash balance of $25,000 at year end for all projects. STAFFING IMPROVEMENTS Implementation Discussion: Retain management expertise with clerical support and make arrangements for an architect to work with the DERC on any major construction applications. o 3Qtr09-Establish permanent staff member to handle day to day interaction with membership on plan review and compliance issues. o 1Qtr10-Establish back up position to current secretarial help. o 3Qtr09-Develop working relationship with technical help for DERC. o 4Qtr09-Review DBPOA operations staffing improvements and budget 2010 including identified improvements. o 1Qtr10-Implement mid plan cycle improvements BUSINESS PROCESS IMPROVEMENTS Implementation Discussion As management becomes fully functional, rent enough office space for the Association files and work space. Purchase proper general liability insurance. The membership will vote on adjusting the Bylaws to increase the annual dues to maintain and improve your Association with these modifications. o 4Qtr08-Address Association funding. o 1Qtr09-Purchase proper general liability insurance. o 3Qtr09-Provide permanent location for Association Business activity. o 4Qtr09-Review DBPOA business process improvements and budget 2010 including identified improvements. o 1Qtr10- Implement mid plan cycle improvements. COMMUNICATION IMPROVEMENTS Implementation Discussion Modify the web site to focus strictly on activities and services of the Association providing easy access around the clock. Management will refocus the quarterly newsletter to keep the membership informed of the level of service activity and see that it is regularly prepared. o 3Qtr09-Improve the web site. o Ongoing-Quarterly newsletter to be timely and include reporting of Association activities as they relate to the operating improvements. o 4Qtr09- Review DBPOA communication improvements and budget 2010 including identified improvements. o 1Qtr10- Implement mid plan cycle improvements. LONG TERM PLAN PROJECT MANAGEMENT Implementation Discussion Establish monthly progress review meetings chaired by the Board to ensure issues are resolved and plan schedules are met. This project is critical to the long term success of DBPOA and must be managed at the Board level. o Monthly starting 1Qtr09- Review DBPOA improvement project progress and ensure improvements are meeting objectives. Board of Directors of the Discovery Bay Property Owners Association Mark Lee Firoz Bharwani Chris Provencher Jack Parker Dominic Carano Pete Baylacq Omar Hindiyeh Long Term Plan V.3.2 Earl.doc Page 7 of 8

10 DBPOABylawsAmendmentVotingChangeInformation WHYTHISCHANGEISPROPOSEDBYYOURBOARD: The Association has operated from a private residence ever since the developer assigned the responsibility to the DBPOA. All work, except part time clerical help andcomplianceinspection,hasbeendonebyvolunteerswhoserveaselectedboard membersorappointeddercmembers.theworkisdifficultbecausemostmember contacts are with individual property owners unhappy with compliance issues or DERC recommended design changes to a project plan. This interaction keeps volunteertenureshortandresultsinvariabilityinthedecisionprocess.theboard proposes to move the day to day operation of compliance follow up and project planreviewfromavolunteerefforttoapart timepaidstaff.thepaidstaffmember wouldensureconsistentinterpretationofthestandardsandrepresenttheproperty owners in most member consultations. This change would make the Association morebusiness likeandallowmembersandagenciestointeractduringnormalwork hours.theboardplanrequirestheincreaseofannualduesto$120.00($10.00a month).thisleveloffinancialcommitmentforthevaluereceivedisonetheboard hopesthemembershipwillassessandsupport. WHATISBEINGVOTEDON: This is a vote by the membership to change the dues assessment language in the Bylaws.ThischangewouldallowtheBoardtoraisetheannualduesupto$ per year and changes future membership dues voting requirements from the currentsupermajorityrequirementtothecurrentmethodforallotherissuesinthe Bylaws(amajorityofa20%quorum).Inaddition,thisvotewillallowyourelected Boardtoadjustthe$120.00peryearmaximumonlywhennecessarytocompensate forchangescausedbyinflation. AYESVOTE: Will mean you approve the above described changes, which if approved by the membership,willbethelanguageasshownontheballot. ANOVOTE: Willmeantheduesstayatthecurrent$25peryearlevelandtheBylawswillremain unchanged. Page 8 of 8