Is new HOA”s newsletter a propaganda piece?
I am responding to the recent drivel put out by the Clear Lake Riviera Community Association a newsletter known as The Rivieran — Spring 2008, Volume I, Issue 1. I have several disagreements with what is contained in its pages. I will make mention of a couple of them here.
The first is their mission (vision) statement that says, “Making Your Neighborhood a Community.” Since they do not provide any mutually beneficial services, and the only thing their “volunteers” enjoy doing is creating divisions between neighbors through the complaint process and identifying code violations ? a job the County of Lake is supposed to be doing ? it is hardly a place anyone could feel a sense of community.
The CLRCA thrives on the fact that they have property owners so scared of them that hardly anyone shows up for meetings, etc., so they can operate on any illegal level they wish., such as interpreting CC&R”s, using the Bylaws and Articles of Incorporation to suit their need for power.
The second is a comment in the newsletter made by Julie Berry, the new person that works in the front office. She states that the Davis-Stirling Act is the Bible to HOA”s and must be strictly followed. Common interest developments, such as the CLRHA, are subject to their provisions. Section 1354 states that covenants and restrictions are “enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of all owners of separate interests in the development.”
The term reasonable must be determined not by an objecting homeowner, but in relationship to the community as a whole. When specific homeowners are arbitrarily and capriciously treated as “violators” through the complaint process and there are multiple examples of all kinds of similar so-called ?”violations” throughout the subdivision, fining them is illegal and not enforceable. Read your Bible.
Lynn Farmer
Kelseyville
