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Standing Rules_2009-12-17

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					Villa Portofino Homeowners Association




    Standing Rules

           Last Updated
         December 17, 2009
Page 2                                                   Standing Rules                       Printed 9/13/2012 2:42:00 AM


                                                Table of Contents
  Association ................................................................................................................ 1
     Name ................................................................................................................................... 1
  Architectural ............................................................................................................... 2
     Approvals ............................................................................................................................ 2
     Authority ............................................................................................................................. 2
     Fees ..................................................................................................................................... 3
     Fines .................................................................................................................................... 3
     Meetings .............................................................................................................................. 4
     Procedures ........................................................................................................................... 5
     Rules ................................................................................................................................... 7
  Assessments ............................................................................................................. 9
     Payments ............................................................................................................................. 9
     Collections .......................................................................................................................... 9
  Board of Directors .................................................................................................... 10
    Complaints ........................................................................................................................ 10
    Meetings ............................................................................................................................ 11
    Minutes ............................................................................................................................. 12
    Mission Statement............................................................................................................. 13
    Policy ................................................................................................................................ 14
    Training ............................................................................................................................. 14
  Budget ..................................................................................................................... 15
    Reserves ............................................................................................................................ 15
    Policy ................................................................................................................................ 15
  Common Areas ........................................................................................................ 16
    Clubhouse Fees ................................................................................................................. 16
    Rules ................................................................................................................................. 16
    Rental Agreement ............................................................................................................. 17
    Rules ................................................................................................................................. 19
  Committees .............................................................................................................. 20
    Meetings ............................................................................................................................ 20
  Day Care .................................................................................................................. 21
    Policy ................................................................................................................................ 21
  Elections .................................................................................................................. 22
     Rules ................................................................................................................................. 22
  Fences ..................................................................................................................... 23
     Association ........................................................................................................................ 23
     Homeowner ....................................................................................................................... 24
  Landscaping ............................................................................................................ 24
     Trees .................................................................................................................................. 24
  Manager ................................................................................................................... 25
                                                        Standing Rules

     Authority ........................................................................................................................... 25
     Duties ................................................................................................................................ 25
Office ......................................................................................................................... 2
    Fees ..................................................................................................................................... 2
    Hours / Staff ........................................................................................................................ 2
    Keys .................................................................................................................................... 2
    Mail ..................................................................................................................................... 2
    Procedures ........................................................................................................................... 3
Pool............................................................................................................................ 4
  Hours ................................................................................................................................... 4
  Keys .................................................................................................................................... 4
  Monitor ............................................................................................................................... 4
  Rules ................................................................................................................................... 4
Portofino Press .......................................................................................................... 5
   Policy .................................................................................................................................. 5
Signs .......................................................................................................................... 6
   Reality ................................................................................................................................. 6
Vendors ..................................................................................................................... 7
  Hiring .................................................................................................................................. 7
Volunteers .................................................................................................................. 8
   Background Checks ............................................................................................................ 8
   Code of Ethics ..................................................................................................................... 8
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Minutes that have been reviewed for this document:

              Fiscal Year       Comments
               2009-10          Through December 17, 2010.
               2008-09          Through July 25, 2009, except for Special Meetings on
                                9/4/08, 11/6/08 and 12/11/08 which have not been
                                checked yet.
               2007-08          Complete.
               2006-07          Complete, provided there wasn’t a Board meeting in
                                December of 2006.
               2005-06          Complete, provided there wasn’t a Board meeting in
                                November of 2005.
               2004-05          July meeting has not been checked (not sure if there was a
                                Board meeting that month or not). It appears there wasn’t
                                a Board meeting in December 2004.
               2003-04          Have not checked December 2003 (there may not have
                                been a meeting), February 2004 and April 2004.
               2002-03          Have not checked July 2002, August 2002, October
                                2002, November 2002 and June 2003 (some of these
                                meetings may have been postponed).
               2001-02          Nothing has been checked for this fiscal year.
               2000-01          Have not checked December 2000 (there may not have
                                been a meeting that month).
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Association
   Name
       January 22, 2009    Bob Dalgleish moved that “VPHOA” be adopted as the
                           official acronym of the Villa Portofino Homeowners
                           Association.
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Architectural
  Approvals
         September 27, 2007   Foster Kimball moved to purchase a stamp to be affixed
                              to approved plans before they are released to the City for
                              permits, with such stamp stating: "These plans need to be
                              reviewed by the Development Services Department for
                              compliance with PRD #4 and they require the signature of
                              the appropriate authorizing Development Services
                              official," followed by space for signature and date.


  Authority
           May 20, 2004       Jeff Zimmerman moved that roof and fence replacement
                              applications may be approved by the Architectural
                              Committee and do not require Board approval, so long as
                              the Architectural Committee reports all decisions in their
                              reports to the Board.
           May 20, 2004       Reen Benson moved that the Architectural Committee
                              may approve window replacements without Board
                              approval.
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   Fees
       October 23, 2008    Foster Kimball moved to adopt the following
                           Architectural Fee Schedule: General Violation ($50.00
                           per violation and $2.00 per day until the violation has
                           been cleared), Painting Violation ($150.00 per violation
                           and $3.00 per day until the violation has been cleared)
                           and Unapproved Changes ($250.00 per violation and
                           $8.00 per day until the violation has been cleared).
          April 28, 2005   Richard Sedgwick moved that the architectural fine
                           schedule be revised as follows: Homeowners found with
                           violations be sent a letter that states that they have thirty
                           (30) days or ninety (90) days for paint, and must contact
                           the office within that time frame to have a re-inspection
                           performed. Ten days after that time period a fine of $50
                           will be imposed if violations are not corrected. If
                           violations are not corrected after the next thirty (30) days
                           the fine will be increased to $100 and every month
                           thereafter. The letter will also state that they have the
                           right to appeal any fine by requesting to appear before
                           the Board of Directors in open or executive session.
           July 20, 2000   Thomas Hammond moved to modify the fee schedule for
                           architectural processing and plans to delete the fees for
                           patio covers (front and side), carport conversions, and
                           sunrooms, effective immediately.

   Fines
          May 25, 2006     Rick Sedgwick moved that architectural violation fines
                           cannot be reversed without Board approval.
       February 23, 2006   Rick Sedgwick moved that after a homeowner has been
                           fined for six consecutive months for the same
                           architectural violations, the fine will go to $500/month
                           each month after, effective May 1, 2006.
      November 19, 2003    Richard Sedgwick moved to ratify the recommended fine
                           schedule, adding that office staff will leave a phone
                           message for the resident within seven days of when a
                           letter is sent.
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  Meetings
         September 24, 2003   Carolyn Moore moved to calendar the Architectural
                              Committee meeting as the 1st and 3rd Wednesdays of the
                              month, and to authorize decisions that are made by the
                              committee provided that at least three members are
                              present.
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   Procedures
       October 26, 2006    Carolyn Moore moved to approve architectural check
                           procedures:
                              1. Architectural Committee members shall make
                                 regular, period checks of the grounds and the
                                 homes in Villa Portofino. The intent is to make
                                 sure architectural harmony is maintained while
                                 properties, from a common-point perspective, are
                                 kept up to make sure the property, all surrounding
                                 properties, and all properties in Villa Portofino are
                                 able to hold their value, and increase in value over
                                 time commensurate with our geographical
                                 location.
                              2. Villa Portofino will be subdivided into sections that
                                 make checking, monitoring, and follow-up by
                                 committee members/checkers a manageable task.
                                 Subdivision and dispatching of checkers shall be at
                                 the Committee’s discretion.
                              3. Visual inspections shall be made from the
                                 sidewalks adjacent to the streets, walkways on the
                                 greenbelts and through the common areas, and
                                 from the alleyways behind the properties.
                                 Checking shall be done while walking, or riding in
                                 a VPHA cart, down the sidewalks and walkways,
                                 and down the centerline of the alleyways. A
                                 violation shall be construed as a non-conforming
                                 situation visible only from the aforementioned
                                 sidewalks, walkways, and alleyways. At no time
                                 shall checkers deviate from these parameters to
                                 seek out additional violations. Checkers are not
                                 allowed to peer over fences, move bushes, open
                                 gates, enter carports, driveways or garages, or
                                 peer into homes, to conduct architectural checks.
                                 Checkers are further not allowed to request from
                                 one homeowner access to a property for the
                                 purposes of inspecting another property.
                              4. When a homeowner has an architectural issue with
                                 another owner, they have the right and ability to
                                 file an architectural violation on their own. The
                                 Architectural Committee’s follow-up on such
                                 reports will occur only within the normal checking
                                 procedure listed in the above section unless
                                 deemed an emergency or safety hazard by the
                                 architectural chair or liaison. Checkers shall not
                                 prod or cajole association members into
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            cooperating in checking a property in a manner
            not approved by this policy.
         5. The Committee has, may establish, or may modify
            at their discretion an architectural checker’s
            checklist. The checker shall use this list to log
            violations that he/she discovers.
         6. Once violations have been verified to the
            satisfaction of the Committee – i.e., that a violation
            exists, the Committee will then provide the office
            with a database of the addresses and violations
            noted during the checks. The office will generate
            and mail standard violation notice letters to the
            homeowners of record. The office will then report
            to the Committee the date the notices were sent,
            and the Committee shall send checkers at the 30-
            day point (90-days for paint violations) to verify
            that violations have been corrected. Those not
            corrected shall be subject to appropriate action to
            ensure that violations get corrected.
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   Rules
         June 30, 2008     Muriel Vasconcellos moved to extend the moratorium on
                           writing architectural violations for gazebos and umbrellas
                           visible above the fence line until August 2009, with the
                           exception of those in poor condition.
         April 24, 2008    Foster Kimball moved to place a moratorium on writing
                           architectural violations regarding umbrellas and gazebos,
                           other than maintenance issues.
         April 24, 2008    Foster Kimball moved to place a moratorium on actions
                           regarding fences that do not conform to current policy.
                           No approvals will be given and no violations will be
                           written, other than maintenance issues.
        March 27, 2008     Chuck Dayton moved that since the City of San Diego has
                           made it clear in past letters to the association and in a
                           recent meeting with VPHA representatives that they will
                           approve architectural changes that have been approved
                           by the VPHA Board, without requiring an amendment to
                           the PRD, that the Board resume approving 920/930 patio
                           conversions that conform to the existing standard plans
                           and specifications.
        March 27, 2008     Karen Harris moved that effective July 1, 2008, if a
                           homeowner has received a notice to remove a basketball
                           hoop and a member of the Architectural Committee
                           observes the basketball hoop again, the homeowner will
                           be assessed an immediate fine for each occurrence.
      September 27, 2007   Chuck Dayton moved that the Board inform the
                           Architectural Committee that it will not approve windows
                           in carport conversions at the current time.
        August 24, 2006    Brad Lawhorn moved to postpone enforcing architectural
                           violations for solid patio covers until resolution of the
                           PRD amendment, with the proviso that homeowners who
                           sell their property in the interim must restore the patio
                           cover to no more than 50% coverage. Letters will be sent
                           to the homeowners, with copies in the lot file.
       February 23, 2006   Carolyn Moore moved to approve the terra cotta color of
                           Owens Corning shingles as an approved VPHA option.
       October 29, 2005    Rick Sedgwick moved to approve the (two new) color
                           schemes recommended by the Architectural Committee.
         June 23, 2005     The Board agreed on the following: Canopies are allowed
                           as long as they are in good condition; basketball hoops are
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                              allowed if they are portable, but not if they are
                              permanent; and trellises are allowed up to a maximum
                              height of seven feet, but not facing the common areas or
                              on the front of the property.
          January 27, 2005    Brian Staples moved that the twelve paint schemes
                              recommended by the Architectural Committee be
                              approved.
         September 23, 2004   Richard Sedgwick moved that when the overall fence
                              color is decided, homeowners may choose to paint their
                              alley fences in that same color.
         September 23, 2004   Richard Sedgwick moved to approve the requests as
                              submitted, provided that the rooflines stay at the current
                              height and there is no change of elevation. This condition
                              is to be added to all future approvals for carport
                              conversions.
         November 19, 2003    Brad Lawhorn moved to allow window changes at a
                              minimum of one side of the house at a time, to be
                              completed within 90 days, so long as all of the windows in
                              the entire house are completed within 12 months. If the
                              home is sold or transferred, all window replacements
                              must be completed prior to transfer of ownership.
         September 24, 2003   John Baker moved to authorize the Architectural
                              Committee to approve coyote rollers as standard
                              approvals.
         November 16, 2000    Judy Ward moved that no windows be approved in
                              garages other than the sliding window (half-glazed) in the
                              door to the garage. John Baker seconded the motion. The
                              Board voted unanimously in favor of the motion.
         September 21, 2000   Thomas Hammond moved that the Board expand the
                              policy about garage, storage, and house doors to include
                              security, screen, and any other doors. The motion was
                              amended to include that the doors they must be the color
                              of the trim or fascia or the color of the siding, and that the
                              intent of the policy is to ensure uniformity of the
                              community and that the aesthetics and ambiance of the
                              community be maintained.
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Assessments
   Payments
        March 24, 2005     Richard Sedgwick moved to deny pool, tennis, and
                           clubhouse privileges to any homeowner who is more than
                           90 days delinquent.

   Collections
          May 7, 2007      Brian Staples moved to approve the collection policy
                           outlined on pages 17-19 of the APS proposal (attachment
                           A).
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Board of Directors
  Complaints
          October 25, 2007   Bob Schweizer moved that homeowners who are
                             concerned about Board policies and procedures must be
                             willing to put such concerns in writing, signed and dated,
                             and appear at a Board meeting before the Board will
                             discuss the subject.
           July 26, 2007     Thomas Hammond moved that homeowner complaints
                             must be submitted to the Board in writing, as specified in
                             the VPHA rules.
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   Meetings
         June 25, 2009     The Board determined that Board packets are to be
                           delivered over Board members back fences, in zip lock
                           plastic bags in inclement weather.
         June 25, 2009     Brad Lawhorn moved that all addendums to VPHOA
                           Board packets be delivered to absent Board members
                           subsequent to the meeting(s) they have missed.
        March 26, 2009     Brad Lawhorn moved that there be a Homeowners
                           Forum at all meetings, including special board of
                           directors meetings, and that the following verbiage be
                           deleted from the Homeowners Forum Opening: “not
                           elsewhere included in this Board Meeting’s Agenda.” and
                           “Speakers may be limited to less than 3 minutes each if
                           several speakers want to address the same issue.”
      September 25, 2008   David Legge moved that no person is authorized to make
                           a recording of any open Board of Director’s meetings
                           other than the recording secretary and that all recordings
                           shall be erased immediately after transcription by the
                           recording secretary.
        August 28, 2008    Chuck Dayton moved that the staff person taking minutes
                           delete the recording of any regular Board meeting once
                           the minutes of that meeting have been approved and that
                           the Executive Session meetings never be recorded.
        March 27, 2008     Chuck Dayton moved that before any motions are voted
                           on by the Board, that the motion always be read back in
                           full by the parliamentarian, just prior to the vote.
        March 27, 2008     Chuck Dayton moved that anyone responsible for an
                           agenda item prepare a written statement to be read into
                           the minutes at the start of their agenda item. A copy of
                           the read statement must be given to the parliamentarian
                           by the end of the meeting, for inclusion in the minutes. If
                           no written statement is provided to the parliamentarian at
                           the meeting, the parliamentarian will try to summarize
                           the agenda item as best they can from their notes. No
                           changes, other than for typographical mistakes, will be
                           made to the draft minutes without a vote by the entire
                           Board.
       December 20, 2007   Board Meetings 101. Bob Schweizer moved to adopt the
                           three motions described in Attachment A, Board
                           Meetings 101.
       September 6, 2007   Thomas Hammond moved that the deadline for
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                           submitting items for the Board packets be noon on the
                           Thursday before the meeting.
          March 29, 2007   Brian Staples moved to allocate up to $100.00 to buy a
                           recording system and to post notice at the clubhouse door
                           that meetings are being recorded, with Brian Staples
                           appointed to research options and buy the equipment.
          March 29, 2007   Steve Evatt moved that standard policy for this Board be
                           that the President votes only to break a tie.
      November 19, 2003    The Board requested that future Board packets include
                           copies of all architectural modification requests.
      December 4, 2002     John Baker moved that Executive Sessions that are
                           scheduled outside of regular Board meetings be scheduled
                           to accommodate the schedules of Board members,
                           property management staff, and all professional staff,
                           when possible, generally not before 7 pm. David
                           Aposporos seconded the motion.

  Minutes
     September 28, 2006    Brian Staples moved that, commencing immediately, 1)
                           all minutes of meetings be complete and e-mailed to board
                           members within two weeks of the meeting; and 2) that an
                           Excel spreadsheet be established and distributed to each
                           board member on a regular basis that contains a synopsis
                           of motions made, their pass/fail status, and the vote tally.
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   Mission Statement
        August 28, 2008    Muriel Vasconcellos moved that the following Mission
                           Statement of the Board of Directors be adopted as
                           permanent policy of the Villa Portofino Homeowners
                           Association and that it be recorded as such in the opening
                           pages of the Manual of Procedures and that the Mission
                           Statement be published monthly on page 2 of the
                           Portofino Press:
                                   “The Board of Directors of Villa Portofino
                                  Homeowners’ Association is committed to earning
                                  and maintaining the trust of the Community by
                                  abiding by the highest ethical standards, adhering
                                  to the VPHA Governing Documents and applicable
                                  California Laws, applying the principles of
                                  financial solvency, communicating openly, seeking
                                  consensus, acting in the best interest of the
                                  Majority of the membership, and, insofar as
                                  possible, supporting the members’ quest to
                                  improve quality of life.”
        March 29, 2007     Muriel Vasconcellos moved that the Board adopt the
                           following mission statement: This Board is committed to
                           earning the trust of the community by abiding by the
                           highest ethical standards, adhering to the VPHA
                           Governing Documents and applicable California laws,
                           applying the principles of financial solvency,
                           communicating openly, seeking consensus, acting in the
                           best interest of the majority of the membership, and
                           insofar as possible supporting members’ quest to improve
                           quality of life.
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  Policy
      January 24, 2008     Chuck Dayton moved to approve the proposed policy on
                           email use among Board members (Attachment A).
      December 20, 2007    Foster Kimball moved that in the event that a seat on the
                           Board of Directors is vacated, the Board reserves the
                           right to solicit the Association membership, for a period
                           not to exceed three months, for candidates to be
                           considered for appointment by a majority vote of the
                           Board.
          March 29, 2007   David Legge moved that all policy decisions taken over
                           the last five years and all future policy decisions shall be
                           recorded in a spreadsheet format to allow the current and
                           future Board members to keep track of Association
                           policy. The Association Secretary shall assume
                           responsibility for bringing this document up to date and
                           maintaining it.


  Training
          March 29, 2007   Muriel Vasconcellos moved that the Board undergo
                           Board member training within 45 days, as long as the cost
                           does not exceed $1500.00, and that the training is
                           repeated once a year, open to all homeowners, with
                           funding budgeted each year.
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Budget
   Reserves
      September 29, 2005   Jeff Zimmerman moved to remove “fence replacement”
                           as a reserve item in the reserve budget.

   Policy
         April 26, 2007    Karen Harris moved that repairs and maintenance be
                           done only within the budget, regardless of homeowner
                           complaints.
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Common Areas
   Clubhouse Fees
      November 29, 2007   Muriel Vasconcellos moved to approve APS’s suggestion
                          to keep clubhouse rental deposit checks in the VPHA
                          office to be cashed in case of damages and holding the
                          homeowner of the lot responsible if the check does not
                          clear.
      September 6, 2007   Bob Schweizer moved that clubhouse deposit checks be
                          mailed immediately to APS for deposit and that refund
                          checks be issued by APS.
          July 20, 2000   Thomas Hammond moved to modify the clubhouse fee
                          schedule to raise the rental fee from $30 to $50 for the
                          initial 3-hour period and to raise the fee for additional
                          hours from $10 to $15, effective immediately.

  Rules
          May 28, 2009    Bob Dalgleish moved that smoking in common areas be
                          prohibited.
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   Rental Agreement
        March 26, 2009     Brad Lawhorn moved that the Clubhouse Rules be
                           amended as follows: (1) VPHOA will accept money orders
                           or cash only, (2) $50.00 for the first three hours, (3) A
                           $20.00 per hour charge will be applied for each additional
                           hour (exceeding 3 hours) or any portion thereof and (4) a
                           $100.00 per hour charge will be applied if the Clubhouse
                           is not vacated by 10:00 p.m. Sunday through Thursday
                           and 11:00 p.m. Friday and Saturday.
        March 26, 2009     I. RESERVATION REQUIREMENTS
                           A resident Homeowner/Tenant, age 21 or over shall:
                           Submit an Application with a “Use of the Facility” fee at
                           least 7 work days prior to the rental period.
                           FEES: Submit Two Payments: One for the deposit and
                           One for the “Use of Facility” fee.
                               1. $200.00 refundable deposit, money order of cash
                               2. Clubhouse rental includes the use of the Kitchen
                               3. And the Restrooms
                               4. Rental fee for the Clubhouse is $50.00 for the
                               5. first three (3) hours
                               6. $20.00/hour, or any portion thereof, over
                                   scheduled time
                               7. $50.00 for each infraction of the Rules
                               8. $100.00 charge if premises are not vacated by
                               9. 10:00 p.m. Sun – Thurs. & 11:00 p.m. Fri and Sat.
                           Provide a Copy of owner liability insurance at least 7
                           work days prior to the event.
                           Pick up you Key Packet no later than close of business on
                           the last business day prior to your rental period.
                           Applications must be approved by the Association’s
                           Customer Service Representative or by the Manager.
                           II. RULES AND CONDITIONS
                           The Homeowners and/or Person Responsible for the
                           Group shall agree to abide by the following:
                               1. Remain in the Clubhouse during the rental period,
                                   limiting activities to the interior of the Clubhouse.
                               2. Ensure guests conduct themselves appropriately
                                   while on VPHOA property.
                               3. Enforce the NO SMOKING policy in the
                                   Clubhouse.
                               4. Maintain a noise & music level that does NOT
                                   disturb neighbors; reducing the noise level if
                                   asked.
                               5. Admit only invited guests and those with Office
                                   business into the Clubhouse.
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              6. Prohibit animals in the Clubhouse.
              7. Assure that Association furniture, pictures, and
                  decorations remain in the Clubhouse and that
                  staples are not used on Clubhouse walls.
              8. Refrain from “for profit activities” unless they are
                  for charitable causes.
              9. See that motor vehicles do not come on common
                  area ground.
              10. Provide a minimum of one chaperon, at least 21
                  years old, per 6 children aged 0 – 6 or one
                  chaperon, at least 21 years old, per 8 children aged
                  9 – 17.
          III. CLUBHOUSE CLEAN UP AND VACATING THE
          PREMISES –
          The Homeowner or person in charge shall agree to:
              1. Vacate the premises by 10:00 p.m. (Sun – Thurs)
                  and 11:00 p.m. (Fri & Sat).
              2. Be responsible for any damage to the Clubhouse,
                  its contents or the grounds (All damages to be
                  noted on the check out form)
              3. Return all Association furniture and equipment to
                  the location where it was found; vacuum the
                  carpet; clean the counters, tables, chairs and
                  floors; remove all food and trash from the
                  premises.
              4. Close all windows; ensure the heater and air
                  conditioner are off; ensure that the stairwell light
                  and the light in passageway are left on; lock the
                  doors between the Clubhouse and the pool.
              5. Return Key Packet to Office on the next business
                  day.
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       September 6, 2007   Karen Harris moved to amend the clubhouse agreement
                           to match the rules listed in the CC&R’s.
         June 28, 2007     Karen Harris moved to add a sentence to section IIIA, as
                           follows: Those who fail to vacate the premises as agreed
                           will be charged an administrative fee of $50.00 per hour
                           or each part thereof.
       January 26, 2006    The Board voted to amend the clubhouse rental
                           agreement to include a $150 fee if the remote control is
                           lost or broken during a rental.
         May 26, 2005      Rick Sedgwick moved to purchase a replacement cart at a
                           cost not to exceed $125, and to add a clause to the
                           clubhouse rental agreement that states that homeowners
                           renting the clubhouse will be assessed a $250 fine if the
                           cart is missing after the event.

   Rules
         July 27, 2006     Rick Sedgwick moved that, with three months’ notice, a
                           homeowner’s clubhouse rental supersede any free social
                           event.
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Committees
  Meetings
          March 26, 2009   Foster Kimball moved that the Board no longer
                           determine/decide the date of committee meetings with the
                           exception of the Architectural Committee.
          March 26, 2009   David Legge moved that the Architectural Committee will
                           now meet on the second Tuesday of each month.
      November 29, 2007    Muriel Vasconcellos moved to post signs at the four
                           entrance island for Board Meetings and Special Meetings
                           only, and to limit sign posting for committee meetings to
                           the clubhouse door/windows, with all meetings to be listed
                           in the Portofino Press whenever possible.
          May 25, 2006     Rick Sedgwick moved that the Architectural Committee
                           meetings be set at 6:30 pm on the third Wednesday of
                           each month, so that homeowners have the opportunity to
                           make plans to attend.
     September 25, 2002    Juli Wilkerson moved that sign boards be posted
                           announcing all committee meetings at least 4 days in
                           advance.
Printed 9/13/2012 2:42:00 AM      Standing Rules                                Page 25


Day Care
   Policy
       February 28, 2008   Muriel Vasconcellos moved that to ensure the safety of
                           children, protect VPHA against liability, and safeguard
                           the right of residents to the quiet enjoyment of their
                           property, all daycare providers in Villa Portofino shall:
                                Be registered with the VPHA office;
                                Submit a copy of the insurance policy that covers
                                  their daycare business, with a minimum coverage
                                  of $1 million;
                                Sign a statement that they will refrain from using
                                  common area amenities for children under their
                                  care unless they are insured for liability;
                                Closely supervise the children under their care at
                                  all times; and
                                Sign a statement that they have read and will
                                  respect Article VI, Section .4, of the CC&Rs, which
                                  states: No noxious or offensive activity shall be
                                  carried on upon any Lot or any part of the
                                  properties, nor shall anything be done thereupon
                                  which may be, or may become, an annoyance or
                                  nuisance to the neighborhood, or which shall in
                                  any way interfere with the quiet enjoyment [by]
                                  each of the owners of his respective dwelling unit,
                                  or which shall in any way increase the rate of
                                  insurance.
                           Further, if an appropriate insurance policy is not
                           presented, daycare providers may not use the common
                           area for children under their care. Failure to abide by this
                           requirement shall result in revocation of the resident’s
                           privilege to use common area amenities for any purpose
                           whatsoever.
Page 22                          Standing Rules         Printed 9/13/2012 2:42:00 AM


Elections
  Rules
      February 22, 2007   Brad Lawhorn moved to change the election rules to
                          allow the votes to be counted at either a Board meeting or
                          a membership meeting.
Printed 9/13/2012 2:42:00 AM       Standing Rules                                   Page 25


Fences
   Association
       October 22, 2009    It was moved to approve the rule changed as published in
                           the September 2009 Portofino Press to use the
                           Timberwolf composite fencing when replacing
                           Association fences.
         April 23, 2009    David Legge moved that the Association Manager repair
                           fences as needed, using salvaged materials whenever
                           possible, and to install approximately 1.000 l.f. of
                           composite fence for further study.
       December 18, 2008   Foster Kimball moved to adopt the Policy on the
                           Relocation of Association Fences as amended and subject
                           to Board approval.
      November 30, 2006    Brad Lawhorn moved to have the Fencing Committee
                           compile a list of repairs to be kept on file in the office,
                           with repairs to accrue until put out for bids.
      September 28, 2006   Jeff Zimmerman moved to approve the following specs
                           for VPHA Fences:
                               1. Posts will be Master Halco (Master Post) set in
                                  concrete.
                               2. All existing concrete on corner post must be
                                  removed.
                               3. Rails will be 2” x 4” x 8’ cedar or redwood, two
                                  per section.
                               4. One 1” x 3” x 8’ cedar or redwood rail will be
                                  installed in the center of the fence.
                               5. Top caps will be 2” x 4” x 8’, 10’ or 12’ cedar or
                                  redwood.
                               6. Trim will be 1” x 6” x 8’, 10’ or 12’ cedar or
                                  redwood.
                               7. No Douglas Fir is to be installed on new or
                                  repaired fences.
                               8. Upon replacement, no fence is to be attached to
                                  any structure and prior nail holes are to be
                                  caulked.
         July 27, 2006     Brian Staples moved to stop any fence repair/replacement
                           until specifications are written and adopted by the Board.
         April 27, 2006    Rick Sedgwick moved to build/repair no more fences until
                           approved specs are in place, with Rick Sedgwick and
                           Andy Scheuer designated to prepare specs.
Page 24                             Standing Rules        Printed 9/13/2012 2:42:00 AM


  Homeowner
          October 22, 2009   It was moved to approve the rule changed as published in
                             the September 2009 Portofino Press to permit
                             homeowners to use Timberwolf composite fencing when
                             replacing their fences.



Landscaping
   Trees
                                                December 20, 2007
           July 26, 2007     Muriel Vasconcellos moved that from now on all
                             proposals for tree removal be reviewed by an independent
                             arborist and approved by the Board, preferably
                             accumulating trees in groups of ten.
           April 26, 2007    Muriel Vasconcellos made the following motion:
                               1. Instruct the Landscaping Committee to draft a
                                   scope of work to be performed by an independent
                                   registered certified professional arborist, to
                                   include the following:
                                       a. Inspect and prepare a report on up to 10
                                           trees that are currently posing hazards or
                                           that homeowners have asked to be
                                           removed, and
                                       b. Advise the committee on preparing the
                                           scope of work and specifications so that
                                           VPHA may proceed to solicit bids for an
                                           ongoing tree-trimming contract.
                               2. When the specifications are ready, instruct the
                                   office to obtain three bids from a list provided by
                                   the Landscaping Committee, with the option of
                                   adding any other names of fully qualified
                                   candidates.
                               3. Award a one-time contract for this work, with
                                   funds not to exceed $600 to come from the budget
                                   for tree maintenance.
                               4. Entrust the Landscaping Committee with the task
                                   of accumulating further lists of trees to be removed
                                   and prepare future estimates of needs for an
                                   arborist, to be presented to the Board prior to
                                   awarding the work.
Printed 9/13/2012 2:42:00 AM       Standing Rules                                  Page 25


Manager
   Authority
       September 9, 2009    It was moved that the treasurer maintain a $2000 debit
                            card account in the name of Villa Portofino HOA, with
                            signature rights assigned to the appropriate office staff, so
                            that the office staff no longer needs to use their personal
                            credit cards when making phone/internet purchases for
                            the association.
         May 28, 2009       Thomas Hammond moved to authorize the General
                            Manager to spend up to $5,000 for previously approved
                            budgeted items without having to obtain three (3) bids in
                            any situation where having to pursue the time consuming
                            exercise of obtaining multiple bids which could jeopardize
                            completing minor repairs in a timely manner.
         July 26, 2007      Bob Schweizer moved to allow the Property Manager to
                            hire extra janitorial help on the weekends for a flat fee of
                            $20 to clean the clubhouse restrooms when the clubhouse
                            is rented for multiple parties on the same weekend.
         June 28, 2007      Lynne Juleson moved to raise the limit on expenditures
                            that can be made by the property manager from $500 to
                            $1500, conditional on the approval of the Treasurer and
                            two Board members. Bob Schweizer seconded the motion.

   Duties

       January 22, 2009     Robert Schweizer moved that on a quarterly basis the
                            Association property manager shall provide to the
                            Finance Committee a complete list of all revenue and
                            expenditures for each line item of the Operating and
                            Reserve Budgets to ensure that allocations are consistent
                            with those budgets.


      January 28, 2010     Thomas Hammond moved to task general manager with
                           tracking time allocations of assigned projects for
                           handyman and to validate that such work was
                           accomplished as directed.
Page 2                               Standing Rules         Printed 9/13/2012 2:42:00 AM


Office
  Fees
           July 20, 2000      Thomas Hammond moved to charge a fee of 10-cents per
                              page (single-sided) for copies of documents and plans,
                              effective immediately.

  Hours / Staff
          January 28, 2004    Richard Sedgwick moved to staff the VPHA office for
                              continuity purposes with one person, 9 am to 5 pm, with
                              lunch hour from noon to 1 pm, five days per week,
                              Tuesday through Saturday; beginning on March 16.
          October 19, 2000    Judy Ward moved to change office hours from 3-7 pm to
                              2-6 pm, and to close the office on the second Friday of the
                              month to allow staff to prepare Board packets.
          January 28, 2010    The Board voted 4-1 to eliminate the title of the
                              Association’s “maintenance manager” and create the title
                              of “handyman” for that same position.
          January 28, 2010    Thomas Hammond moved to conduct employee
                              performance evaluations on a six (6) month basis.

  Keys
          August 25, 2005     Brad Lawhorn moved that all Board members be given
                              keys to the office if they request them.
          January 28, 2004    Brad Lawhorn moved that all Board members have a full
                              set of keys to the office.

  Mail
         September 25, 2002   David Aposporos moved that all official business be
                              conducted through the office staff via e-mail and US mail,
                              with all e-mail copied to VPHA to be included in the read
                              file. Board members be notified by mail.
Printed 9/13/2012 2:42:00 AM      Standing Rules                              Page 25


   Procedures
       February 28, 2008   Bob Schweizer moved that any homeowner request that
                           requires more than two hours of office staff time be
                           approved by a Board member.
        March 29, 2007     Brad Lawhorn moved that all VPHA mail be sent to the
                           VPHA office and then forwarded to the management
                           company.
      November 30, 2006    Brian Staples moved to disallow processing donations for
                           the gardeners through the VPHA account.
      September 29, 2005   Rick Sedgwick moved that (pool/tennis) cards be
                           deactivated 1 week after escrow closes so that new owners
                           come to the office to register and gain access.
Page 4                               Standing Rules        Printed 9/13/2012 2:42:00 AM


Pool
  Hours
           May 20, 2004       Richard Sedgwick moved to open the pool for lap
                              swimming only at 6 am.

  Keys
           July 20, 2000      Thomas Hammond moved that the fee schedule for
                              replacement pool keys be raised from $30 to $100 for each
                              replacement, effective immediately.

  Monitor
           August 4, 2005     Brian Staples moved to create a minimum wage, at-will
                              position for a pool monitor. This employee will monitor
                              entry and verify residency during peak pool hours, as
                              identified by office staff.


  Rules
          October 22, 2009    It was moved, in an effort to help reduce expenses, that
                              the pool heater be turned off each year from November 1st
                              until two weeks before the city schools begin their Spring
                              Break.
         November 29, 2007    Thomas Hammond moved to turn off the pool heater
                              from December 1, 2007, until one week before spring
                              break for the City schools (March 17-21, 2008).
         September 24, 2003   Jeff Zimmerman moved to heat the pool year round.
          October 19, 2000    Leon Tittle moved to turn off the pool heater from
                              November 15 through March 15.
          August 17, 2000     John Baker moved that the Portofino Press print the
                              regulations for pool use, defining “pool enclosure” to
                              mean any area within the wrought iron fence, stating that
                              no food or beverage is to be consumed within four feet of
                              the water, and that no glass is allowed in the pool
                              enclosure.
Printed 9/13/2012 2:42:00 AM      Standing Rules                                Page 25


Portofino Press
   Policy
      September 25, 2008   Chuck Dayton moved that all homeowner letters printed
                           in the Portofino Press be preceded by a heading
                           identifying that the letter has been written by a
                           homeowner and that a disclaimer be included stating that
                           the views presented are those of authoring homeowners.
         July 27, 2006     Brad Lawhorn moved to have the office staff ensure that
                           the Portofino Press is mailed to homeowners each month,
                           and includes, at a minimum, a draft copy of the minutes
                           of the previous Board meeting, and that such minutes
                           record the votes of each Board member.
         June 23, 2005     Muriel Vasconcellos moved to set the following policy for
                           letters to the editor for the Portofino Press: limit of 250
                           words, subject to space availability; letters can be edited
                           for content and clarity, but would be sent to the author
                           for approval before publication; need to be in electronic
                           format; frequency limited to six letter per year per
                           homeowner, with at least 2 months between letters; letters
                           must be signed.
         April 28, 2005    Brad Lawhorn moved to include the complete draft of
                           meeting minutes in each issue of the Press, regardless of
                           expense. He further moved that the minutes include the
                           Executive Session Synopsis from the previous meeting as
                           well as a statement of finances.
       October 28, 2004    Muriel Vasconcellos moved to continue with a 4-page
                           format for the newsletter, including a summary of the
                           minutes but no display ads, and to send full minutes
                           separately via e-mail to any homeowner who requests
                           them.
Page 6                          Standing Rules        Printed 9/13/2012 2:42:00 AM


Signs
  Reality
         June 23, 2005   Rick Sedgwick moved to require that all “for sale” signs
                         be placed in front of the house for sale.
Printed 9/13/2012 2:42:00 AM      Standing Rules                            Page 25


Vendors
   Hiring
         April 28, 2005    Richard Sedgwick moved that VPHA only hire outside
                           vendors to do any work on the property. The vendor must
                           provide a copy of Worker’s Compensation Insurance
                           before any contract be awarded.
Page 8                              Standing Rules        Printed 9/13/2012 2:42:00 AM


Volunteers
  Background Checks
          March 29, 2007     Muriel Vasconcellos moved that the motion adopted to
                             perform FBI background checks on Board members and
                             committee chairs be amended to delete the word “FBI”
                             and to delete “committee chairs,” and that steps be
                             initiated to proceed with investigations of Board members
                             at this time.
         January 27, 2007    Brian Staples moved that VPHA perform standard FBI
                             background checks on all present and future Board
                             members, committee chairs, and staff, effective
                             immediately.

  Code of Ethics
         December 18, 2008   Chuck Dayton moved that the Code of Ethics presented at
                             this December 18th Meeting be accepted as amended.
         October 26, 2006    Brian Staples moved to adopt the revised Code of Ethics
                             as presented.
         December 1, 2005    Jeff Zimmerman moved to rescind the policy of requiring
                             Board members to sign the Code of Ethics that was
                             drafted on May 17, 2001.
Printed 9/13/2012 2:42:00 AM                              Standing Rules                                               Page 25




                               A                                                                   U
Architectural                                                       umbrellas ..................................................... 7
  basketball hoop ....................................... 7
  gazebos .................................................... 7                                   V
  umbrellas ................................................. 7
Association                                                         Villa Portofino Homeowners Association 1
  Name ....................................................... 1    VPHOA ...................................................... 1

                               B                                                                  W

Basketball hoops ......................................... 7        windows in carport conversions .............. 7

                               G
gazebos ....................................................... 7

				
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