2/7/2022, 2:17 PM
In the February Ranch Telegraph, Ranch Director, Richard Ebers, wrote a front page story titled: “Community standards and the CC&R’s” for the CRR/HOA Homeowners. Director Ebers article covers the CC&R rules as he understands them and he explained the importance of the homeowners being familiar with the CC&R’s.
As expected, he focused primarily on flags and signs and how such issues are investigated by the CC&R Committee composed of volunteers “responsible for enforcement of the CC&Rs.” He adds the the committee is not tasked with making the rules and confirmed they do not travel around the Ranch looking for violations like the police?
6 years ago, on February 4, 2016, we wrote Ranch attorney Steve Bryant regarding the Board of Directors efforts to CHANGE the CC&R’s allowing them to have greater enforcement powers. We explained the information disseminated by the Board was confusing and disturbing. Part of the confusion dealt with whether the Board could act unilaterally and amend the CC&R’s without obtaining a vote of the Association Membership. It was our goal to have Bryant clarify his role and advice provided to the Board and whether it included ways for the Board to circumvent the voting requirement.
Attorney Bryant referred us to the Board of Directors and as directed we hand-delivered our letter to former Ranch President Mitch Mitchener on Match 21, 2016, at the Regular Meeting. All Directors were provided a copy. The letter addressed two concerns, but for the purpose of this story we are addressing just the CC&R matter.
We reiterated what we wrote attorney Bryant and voiced our concerns granting more unchecked enforcement authority to the Ranch Officials. We reminded Mitchener that we had voiced our concerns at previous Board meetings to no avail. Our comments and questions were routinely ignored or dealt with contemptuously.
In the March 21, 2016, Regular Meeting Minutes stated: “John Stevens, Ranch resident, announced to the Board and attendees that he had presented the BOD with a letter requesting an investigation and lodging a concern regarding the proposed CC&R Enforcement Rules.”
President Mitchener and his Board answered our letter on March 25, 2016, and replied: “As has been explained to you on numerous occasions, there is no CHANGE (emphasis ours) to the Ranch CC&Rs being contemplated that requires a vote of the Ranch residents…”
On May 16, 2016, the Board Approved and Adopted the changes to the CC&R Enforcement Rules after final review from the Board’s attorney.
“THERE IS NO CHANGE TO THE CC&Rs BEING CONTEMPLATED…” ?
According to Dictionary.Com, the word CHANGE is defined as : “To make the form, nature, content, future course, of something different from what it is or from what it would be if left alone.” “To become altered or modified.”
The 2016 Board of Directors CHANGED the CC&Rs and made sure the homeowners were kept confused and distracted. They employed semantical gymnastic as part of their strategic plan to change the CC&Rs and suppress valid residents questions.
PAST MEETS PRESENT
According to Director Ebers, homeowners need to familiarize themselves with the CC&Rs. However, familiarity be damned if the Board of Directors can circumvent the CC&R rules and approve/adopt specious enforcement tools.
Ebers message also displayed his Constitutional prowess about the First Amendment. He stated: “The beautiful First Amendment does not apply here because the HOA is a private entity and each member agreed to abide by its rules.”