Membership Meeting
5:00 P.M.
Board members present: Marguerite Elia, Brent Cho, Anna DeJesus, Tim Morse, Jack Schroeder. Twelve homeowner members also attended.
1. Introduction
The HOA Board members and homeowners introduced themselves.
ME describes the registered non-profit corporate business status of the HOA and the laws that govern it.
2. Board Election Procedures
Marguerite Elia explained the election procedures required by California laws.
3. Election Tabulations by Inspector of the Election
Greg Watanabe announced that the quorum of 27 ballots had been surpassed and that Marguerite Elia received 35 affirmative homeowner votes. Marguerite Elia was re-elected.
4. Year in Review
Fire lane parking violations has been an issue this year. Firelane laws are not optional nor non-compulsory by law, just because a few individuals are uncooperative. There are only a very few exceptions to the fire lane parking prohibition. A vehicle may park in the fire lane when moving into a home, for example. In general, the roads must remain open for public safety vehicles. HOA roads are narrow and must remain unobstructed. Some additional rules for next year include rules for EV chargers.
As a Californian HOA, we are legally bound to enforce many safety restrictions per county and state laws (such as for pool/spas, roads, fire-lanes, parking, fire-prevention, clubhouse safety, no public intoxications, and in a few cases, the failure to maintain safety rules risks million-dollar injury/death liabilities.
Homeowner must repair/maintain their own homes, including outdoor components such as balconies, front doors, windows, and garage doors. The division of responsibilities between HOA vs private homeowner financial burdens are partly clarified by the reserve studies and the CC&Rs.
Peace and orderliness in valued by most people living in our community and is mandated by state laws. For example, residents have a legal right to peace, but there are no codes that allow loud, disruptive parties or events, and in fact, the laws label them “legal nuisances.” Chaotic or reckless behaviors can even be costly. In section 6 of the CC&Rs, there is an example of absolutely no car repairs which some individuals do not read nor abide, but which can lead to multiple serious hazards and risks.
Owners and Board members must become educated on actual HOA laws. Rather than defer to pure opinions, the “Business Judgement Rule” mandates that the HOA follow expert attorneys and industry specialists. Owners are required to read CC&Rs, rules, HOA flyers, laws. Personal opinions are not equal to laws. We have to check camera footage very often, because personal opinions sometimes are not even accurate to actual events.
California law does not allow HOA funds to be spent taking care of private homes & possessions. The HOA budget is highly restricted by law, and bound to reserve study expenses.
5. Ownership of HOA Roads, Pool, Clubhouse, Landscaping, Etc.
Park River Oak Estates is a planned unit development (PUD). A condominium HOA owns parts of the private homes whereas a PUD HOA does not. The PROE Board of directors owns the pool, roads, clubhouse and landscaping. These areas are not owned by private PROE homeowners. The HOA pool must be maintained to commercial standards. The County can immediately close the pool by law, if county standards are not met.
6. 2025 Budget
Monthly dues will increase to $300 a month beginning January 1, 2025 based on actual cost increases. Marguerite Elia explained every line of the 2025 budget to the homeowners present and answered homeowner questions.
7. Adjournment of General Membership Meeting
The meeting was adjourned at 6:10 p.m.