These three documents, By-Laws, Declaration of Restrictions, (also known as Covenants, Conditions and Restrictions or CC&Rs, and further referred to here as CC&Rs) and The Davis-Stirling Act (California Civil Code section beginning with 1350 governing common interest developments in California) provide the foundation and authorization for the Board’s actions and decisions. These documents specify, control, regulate and authorize just about everything the Keys Landing Board does. This includes the procedure we use for meetings and meeting notification, agenda items and meeting content, public comment, voting, the amount of insurance we must carry, the imposition of penalties, penalty amount and how we must notify a violator. Each rule has its own purpose and none is more important than the Davis-Stirling Act which is a set of California Civil codes. The act assures certain rights and privileges are afforded to the homeonwer and specifies board conduct much as our California codes do for local governments.
For example, the rules for meetings and meeting notification must follow guidelines similar to those specified by the “Brown Act” so that all members are notified properly and their voices are heard and considered in deliberations. Davis-Stirling tries to make sure homeowner associations don’t become “clubs” where a certain few makes the decisions in private or that members are excluded from debate, decisions and information. The Davis-Stirling Act often “trumps” the other governing documents. In other instances, Davis-Stirling regulation provides a minimal requirement that local by-laws or CC&Rs may increase. In general, Davis-Stirling becomes the “defacto” standard in case a dispute arises between it and a local CC&R or bylaw and its requirements are the minimum of which the local CC&R/bylaw may increase. These rules are important to this board and we believe our actions shoud be clear, purposeful and transparent.
In the sub-menu sections to the left, the respective documents can be downloaded or they can be found under "Forms and Files". They are in the PDF file format.
The last sub-menu displays our Articles of Incorporation document. The Articles are the "statement of purpose" declared by the original incorporators to the California Secretary of State upon incorporation in 1984.
Our board uses the “Robert’s Rules of Order” as parliamentary procedure to conduct our meetings or as best as we can.
For a link to California Civil Code, Click Here. It will take you to a website with an index of California Civil codes. You can find more information about Home Owners Associations on the State of California Department of Real Estated web page. Simply click HERE and be redirected to that site.