La Cresta
Board of Director Candidate
CC&R
Each property owner must be afforded the same uniform application of the CC&Rs. I believe that short term rentals, i.e. VRBOs and event sites should be addressed in any amendments to the current CC&Rs as there are multiple complaints about noise and traffic from our members.
Throughout my years residing in La Cresta, I have observed a pattern of inconsistent application of the CC&Rs among property owners. Some individuals are held to a strict standard of adherence, while others appear to be granted approvals without such scrutiny. Additionally, I have encountered claims that some property owners received violation notices and fines for purported infractions not specified in our governing documents, which raises concerns about the authority, fairness, and legality of such actions. Regardless of my personal views on the CC&Rs, I am committed to ensuring that all property owners are afforded equal due process and are held to the same standards in adherence to all rules.
It is evident that the CC&Rs have not been consistently applied to all property owners, which poses liability risks for the membership. Inconsistent enforcement of the rules undermines fairness and can lead to serious legal complications. I have observed instances where board directors have voted 'no' on property owner projects that are in compliance with our CC&Rs. While board directors have the right to vote as they see fit, failing to adhere to the CC&Rs themselves and inconsistently applying the rules does not serve the best interests of the entire membership and exacerbates liability concerns. As your directors about previous litigation cases and how much they financially cost this association.
The 'Board Majority' is proposing that the membership review and approve 5-6 suggested revisions to our CC&Rs drafted by our legal counsel, rather than allowing the 'Governing Document Revision Committee'—appointed by the board—to perform its role of gathering community input and proposing necessary amendments. It is crucial to emphasize that the board should not be granted more power or authority than what is specified in our current governing documents. The attorney’s role should be limited to ensuring that the CC&Rs comply with applicable laws, not to creating rules that extend or enhance the authority and power of any single board.
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