Things You Should Know

Four (4) new policies were adopted by the Board at their regular quarterly meeting on October 24.  Full text versions of the policies can be reviewed when Board Minutes are signed and posted in the Wall Street Reading Room (estimated to be October 31, 2002).  Copies can be obtained at the Membership Office for a nominal charge.  Summaries of all policies follow:

1. No Solicitation & Use of Lower Mailbox (Policy #0210.6...supersedes former Policy #1M):

Note of Clarification:  The former policy [on solicitation] required significant interpretation and did not afford management a reasonable opportunity to provide fair and consistent program direction.  Additionally, there was no policy language relating to the use of lower mailboxes for solicitation, advertising, or other community use.

• No door-to-door solicitation of any kind is permitted.
• Lower mailboxes may only be used for information, promotion, or education relating to activities and affairs of the Association, the SCHH community, and SCHH residents.  Considerable latitude will be allowed in the distribution of materials that satisfy the intent of this policy element.
• Materials generated by a neighborhood committee for its neighborhood, or chartered clubs and community service groups for their respective memberships, do not require prior approval by the Executive Director.
• Materials generated by residents for the purpose of extending personal invitations or greetings do not require prior approval by the Executive Director.
• All materials targeted at the overall community require prior approval by the Executive Director.
 

2. Board-appointed Committee Appointments (Policy #0210.7...supersedes former Policy #9908.2):

Note of Clarification:  It is the Board’s intent that the process to be used for the appointment of Board-appointed committee members be virtually the same as that used by the Nominating Committee to recommend candidates for the Board.  Specifically, the role of the committee in this process is to make recommendations [to the Board] based on an assessment of the qualifications of interested candidates, and not make the actual selection.

• The annual appointment of new committee members, or the reappointment of incumbent committee members, would be tied to a chronological schedule, with an annual publicity/recruiting campaign beginning on or about July 1.

• Incumbent committee members desiring to serve an additional term will be considered on the same equitable basis as new candidates; i.e., new candidates and incumbent members must both follow the same application procedures and process timelines.
• Committees will interview all new candidates and incumbent members.  Once all interviews are concluded, the committee will vote by secret written ballot to determine final candidate recommendations to the Board.
• As long as there are a sufficient number of qualified candidates and/or incumbent members desiring reappointment, committees will present a slate of candidates that total the number of vacant positions to be filled, plus one.  For example, if there are two vacant positions to be filled, the committee should present a slate of 3 candidates to the Board.
• If an unexpired term is 6 months or less, the committee may opt to not fill the position or they may appoint a qualified person to fill the unexpired term.  If the unexpired term is 7 months or longer, the same application-interview-voting process required for new candidates and incumbent members will be followed.



3. Board-appointed Committee Term Limits (Policy #0210.8):

   Note of Clarification:  While the Board acknowledged some downside to the establishment of term limits, the upside allowed for the rotation of personalities, permitting fresh ideas, concepts, and skills to evolve from newcomers.  Additionally, the Board felt that rotation resulting from term limits would increase the volume of participation in the affairs of the Association and, correspondingly, increase the community leadership base by like proportions.

   • The policy will become effective with committee appointments/reappointments beginning November 2003.

   • Terms of two (2) years would be limited to two (2) concurrent appointments, for a maximum four (4) year concurrent assignment.
   • At the end of the 4-year concurrent assignment, a mandatory hiatus of two (2) years would be required before that individual would be allowed to apply for appointment to the same committee.  This hiatus could be waived by the Board if there were an insufficient number of interested and qualified candidates vying for the vacant position, and the out-going committee member was willing to continue serving.



4. Common Area Landscape Encroachments (Policy #0210.10):

   Note of Clarification:  This policy relates to homeowners who have knowingly, or inadvertently extended their property lines into Association-owned common area, and are maintaining these common areas as part of their extended property.  More specifically, this policy relates to homeowners who have altered the visual presentation and scope of maintenance of common areas adjacent to their property.  While there is an acknowledged “wrong” in the encroachment action, the Board was sensitive to the possibility that tacit approvals may have been given in the past and, therefore, opted to consider the granting of temporary “one-time” variances.

   • Community-wide communication on this policy would be initiated for 30 days from the date of Board approval.  For the sake of simplicity, the 30-day communication window begins with this communiqué, with the window being extended through the entire month of November 2002.

   • From December 2002 - January 2003, homeowners will be asked to voluntarily identify themselves [to the Community Standards Office] if they have encroached on common area by modifying adjacent common area presentation or scope of maintenance.  Once identified, and the encroachment verified [by the Community Standards Office], the homeowner would be considered for a temporary landscape variance, subject to the following process and conditions:
     • An after-the-fact application for a temporary landscape variance would be submitted to the Modifications Committee.  If landscaping in the encroached area satisfied the requirements of the Design Guidelines, a temporary variance would be issued.  If the landscaping did not satisfy the Design Guidelines, the homeowner would be required to take action to satisfy the requirements, or restore the area to its natural condition.
     • Once a variance has been granted, the homeowner would be required to sign a binding letter of understanding, acknowledging that (1) the variance is temporary; (2) no further landscape modification would be permitted in the encroached area; (3) the Association would be held harmless from any claims or demands resulting from the encroachment; (4) the variance would not be transferable to a subsequent owner; and (5) prior to the home being offered for resale, the encroached area would be returned to its natural common area condition
   • Effective February 1, 2003, the 60-day window of opportunity will be closed, and any reported encroachment of common area would be in violation of the covenants.  The homeowner would be subject to a mandatory $250 fine, and required to restore the encroached area to its original condition.

Steve O'Donnell, CAM Executive Director -- 2002/10/29