CC&Rs(Covenants, Conditions and Restrictions)
January 30th, 2010 — Website News
The Board of Directors of the Fountaingrove Ranch Master Association is starting the process of reviewing the original CC&Rs, first recorded on October 22, 1985, as the Master Declaration of Covenants, Conditions and Restrictions of Fountaingrove Ranch. There have been no revisions to the CC&Rs since that date.
Earlier this year, the Board became aware that there are separate CC&Rs for SUBDIVISIONS such as “Southridge Declaration of Covenants, Conditions and Restrictions”. These “post-facto” documents were created after the Master CC&Rs were created and recorded. Since these subdivisions did not create a separate homeowners’ association and never amended their CC&Rs, the Board lacks the authority to enforce these separate CC&Rs except as they coincide with the CC&Rs of Fountaingrove Ranch.
In addition, new federal and state laws that have been passed affect the FRMA CC&Rs. From time to time over the past 24 years, residents who belong to the Master Association have expressed concerns about excessive parking, noise, animal control, garbage cans, boats and trailers and how the FRMA CC&Rs can be enforced.
The Board anticipates that this review process required by California law could take as long as a year and will require community meetings of the members to produce a final product. We want to include all of our membership in the review process and get it right.
The Restated CC&Rs is color coded for easy reading. Please use the following information to assist you in reviewing this important document.
The blue text is substantially the same as in their current documents with the developer specific provisions removed and some language revised for easier reading and clearer communications.
The red text are sections drafted to reflect and comply with Davis-Stirling Common Interest Development Act, Corporations Code, and California case law. There are a few items that can be modified (such as the Association can change the due date of assessments and date they are late, choose a lower interest rate on delinquent accounts, etc.) but most have very little flexibility.
The black text is what the Board of Directors is recommending to be added.
All owners and members are strongly urged to please read and provide comments on the CCRs as soon as possible by email to frmaccrs@att.net.
Click on the following link Restated CC&Rs to review and download.