2024 Annual Budget Report
69411 Ramon Rd Cathedral City, Ca 92234 760.328.3834 800.843.3131 ORPS.com
1
May 28, 2024 Dear Owners,
On May 20, 2024, the Board of Directors adopted the annual Budget for the fiscal year, beginning July 1 , 2024 and concluding June 30, 2025. As a result, the annual assessment per lot was set at $6,048 or $504 monthly, an increase of just over 2.4%. The attached Budget Summary, is broken into three basic categories: 1) Operations requires almost $472/month in assessment. Wages, Utilities, Insurance and Landscaping are the big-ticket items impacting the operations expenses. Even with a 4% Cost of Living increase for most of the staff, employee costs make up just over 45% of the operating budget, which sets ORPS below the 50%-60% typically found in a Resort community. While the insurance market continues to harden, the Board was able to take advantage of a greatly reduced Landscape Contract to soften significant increases. Additionally, the Board reduced the dependency on the Resort Fee for Operations by $50,000. The Lifestyle Manager was increased to an 11-month position and a seasonal position was added to the Maintenance department. Please note that Lifestyle administrative wages are treated like an amenity and paid through assessments. Finally, the Operations Contingency is 2.5%, down from 3% and completes the general picture. 2) Reserve Fund contributions go toward a fund specifically set for repair, maintenance, and replacement of major components such as roofs, carpets, roads, pool equipment and the like. The monthly assessment contribution is almost $84, and with interest generates more than $1.3M annually. Reserve projects tackled over the off-season will include a major renovation of Pond #1, adjacent to the 11/12 fairway, other pond dredging as well as replacement of the El Saguaro Front Door. Satellites will continue to be improved through the use of Reserve Funds. 3) Capital Fund contributions are for future projects, both smaller in scope and to partially fund longer- term facility improvements. As addressed earlier, the Board was able to take advantage of a reduction of the Landscape Contract to make a significant contribution to the Fund of $40,000. However, the vast majority of this contribution comes from Resort fees and totals just over $151,000 annually. If all the expenses were tallied up and divided by the 1,213 lots which make up the community, the monthly assessment would be almost $589. However, the Resort has significant non-assessment income, such as the daily Resort Fee, Food & Beverage, Laundry, and others, which total almost $1.2M, and offset expenses that would ordinarily have to be borne by assessments. In the additional materials provided behind the Budget Summary are more detailed information on the management of this, more-than $8.5M corporation, including how Reserve Funds are calculated and Insurance Policies. Also find attachments behind the Policy Statement, many of which are required by California law, dealing with the Collection Policy, Dispute Resolution and A&A Rules, among others. There are also information sheets regarding things like Payment Information for Assessments, and an "Opt-in" form. For you to receive notifications and documents electronically, the Association must have the "Opt-in" form signed by the Owner and have it on file. The Resort is quiet right now due to the off-season, but I look forward to another active year, which showed how much fun you can have when you’re "home again."
Respectfully, Ed Vitrano Edwin J. Vitrano, General Manager
69411 Ramon Road, Cathedral City, CA 92234 - (p)760-328-3834; (f)760-328-7852; orps.com 2
Outdoor Resort Palm Springs 2024-2025 Annual Budget Report
1. Budget Summary See enclosed Budget Summary for your review. The complete Budget may be obtained by a request to evitrano@orps.com. 2. Assessment & Reserve Funding Disclosure Summary See enclosed Assessment and Reserve Funding Disclosure Summary for your review, which includes a: A. Reserve Funding Summary B. Reserve Funding Plan C. Procedures for Calculating Reserves 3. Major Component Repairs The Board of Directors has not deferred or eliminated any repairs or replacements of any major reserve components . Anticipated Special Assessments The Board of Directors does not, at this time, anticipate the need to apply a special assessment during the course of the current fiscal year to repair, replace, or restore any major component or to provide adequate reserves, therefore. However, the Board reserves the right to approve a special assessment for unplanned major expenses in the upcoming year. At the present time, the Board of Directors uses that portion of the monthly assessments allocated to reserves as its mechanism to fund reserves. 5. Outstanding Loans The Association does not have any outstanding loans. 4.
6.
Insurance Summary See enclosed Insurance Summary for your review.
7.
Charges for Documents Provided See enclosed for Charges for Documents provided for your review.
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OUTDOOR RESORT - PALM SPRINGS 2024-2025 Budget Summary July 1, 2024 - June 30, 2025 Approved by the Board- May 20, 2024
ITEM
ANNUAL
MONTHLY/UNIT
REVENUE
Assessments
7,336,191
504.00
Total Administration Revenue (Including Assesments)
7,699,131
528.93
Total Rental/Reimburesement Revenue
483,641
33.23
Total Lifestyles Revenue
364,250
25.02
Total Golf Revenue
20,650
1.42
TOTAL REVENUE
8,567,672
588.60
EXPENSE
Total Administration Expense
959,217
65.90
Total Resort Services Expense
247,482
17.00
Total Lifestyles Expense
543,193
37.32
Total Golf Expense
91,170
6.26
Total Grounds & Greens Expense
1,466,690
100.76
Total Security Expense
531,791
36.53
Total Mailroom Expense
69,225
4.76
Total Facilities Expense
351,400
24.14
Total Maintenance & Repair Expense
799,181
54.90
Total Vehicle Expense
86,873
5.97
Total Utilities Expense
1,071,926
73.64
Total Insurance Expense
648,079
44.52
TOTAL OPERATING EXPENSE
6,866,227
471.71
Budget Contingency
171,656
11.79
Total Reserve Contribution
1,333,774
91.63
Total Capital Contribution
196,016
13.47
TOTAL GROSS EXPENSE
(8,567,672)
588.60
NON-ASSESSMENT INCOME
1,231,481
(84.60)
ASSESSMENT INCOME
7,336,191
504.00
NET INCOME/LOSS
0
0.00
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Assessment and Reserve Funding Disclosure Summary
Outdoor Resort Palm Springs, Cathedral City
For Fiscal Year Beginning: 7/1/2024
# of units: 1213
1) Budgeted Amounts:
Total
Average Per Unit*
Reserve Contributions: Total Assessment Income:
$102,000.00 $611,352.00
$84.09
$504.00 per: Month 2) Additional assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if they have been approved by the board and/or members: Year Total Amount Per Unit* Purpose Total: $0.00 3) Based on the most recent Reserve Study and other information available to the Board of Directors, at this point in time does it appear that currently projected Reserve account balances will be sufficient at the end of each year to meet the association's obligation for repair and/or replacement of major components during the next 30 years? Yes 4) If the answer to #3 is no, what additional assessments or other contributions/loans to Reserves would be necessary to ensure that sufficient Reserve Funds will be available each year during the next 30 years? Approximate Fiscal Year Assessment Will Be Due Average Total Amount Per Unit* Total: $0.00 5) All major components appropriate for Reserve Funding (components that are a common area maintenance responsibility with a limited life expectancy and predictable remaining useful life, above a minimum threshold cost of significance) are included in this Reserve Funding Plan: Yes 6) All computations/disclosures are based on the fiscal year start date of: 7/1/2024 Fully Funded Balance (based on formula defined in 5570(b)4): $8,266,615 Projected Reserve Fund Balance: $5,182,853 Percent Funded: 62.7 % Reserve Deficit (surplus) on a mathematical avg-per-unit* basis: $2,542 From the 5/8/2024 Reserve Study by Association Reserves and any minor changes since that date. * If assessments vary by the size or type of unit, allocate as noted within your Governing Documents. 7) See attached 30-yr Summary Table, showing the projected Reserve Funding Plan, Reserve Balance, Percent Funded, and assumptions for interest and inflation.
Prepared by: Kevin Leonard
Date: 5/22/2024
The financial representations at the time of preparation are based on the Reserve Study for the fiscal year shown at the top of this page and the best estimates of the preparer. These estimates should be expected to change from year to year. Some information on this form has been provided to Association Reserves, and has not been independently verified.
Association Reserves
www.ReserveStudy.com
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30-Year Reserve Plan Starting with Board of Directors 2024 Rate
6510-2
Fiscal Year Start: 7/1/2024
Interest: 1.00 %
Inflation: 3.00 %
Reserve Fund Strength: as-of Fiscal Year Start Date
Projected Reserve Balance Changes
Starting Reserve
Fully
Special Assmt
Loan or Special
Funded Percent
Reserve
Interest
Reserve
Year
Balance Balance Funded
Risk Funding Assmts Income Expenses
2024 $5,182,853 $8,266,615 62.7 % Medium $1,224,000 2025 $4,518,138 $7,804,140 57.9 % Medium $1,285,200 2026 $5,064,775 $8,551,602 59.2 % Medium $1,349,460 2027 $5,013,187 $8,676,280 57.8 % Medium $1,416,933 2028 $5,131,412 $8,950,660 57.3 % Medium $1,487,780 2029 $5,900,818 $9,868,565 59.8 % Medium $1,562,169 2030 $6,042,867 $10,129,898 59.7 % Medium $1,640,277 2031 $6,416,494 $10,599,176 60.5 % Medium $1,722,291 2032 $7,271,322 $11,533,397 63.0 % Medium $1,808,405 2033 $6,310,677 $10,584,960 59.6 % Medium $1,898,826 2034 $5,785,205 $10,019,643 57.7 % Medium $1,993,767 2035 $4,258,788 $8,369,459 50.9 % Medium $2,093,455 2036 $5,213,991 $9,177,901 56.8 % Medium $2,198,128 2037 $5,502,692 $9,263,240 59.4 % Medium $2,308,035 2038 $6,071,160 $9,576,637 63.4 % Medium $2,423,436 2039 $7,066,415 $10,268,720 68.8 % Medium $2,544,608
$0 $48,484 $1,937,200 $0 $47,894 $786,457 $0 $50,368 $1,451,417 $0 $50,701 $1,349,409 $0 $55,138 $773,512 $0 $59,693 $1,479,813 $0 $62,270 $1,328,921 $0 $68,410 $935,873 $0 $67,881 $2,836,932 $0 $60,454 $2,484,751 $0 $50,199 $3,570,383 $0 $47,344 $1,185,596 $0 $53,561 $1,962,988 $0 $57,845 $1,797,412 $0 $65,660 $1,493,841 $0 $73,396 $2,065,320 $0 $81,131 $1,694,410 $0 $93,352 $1,316,576 $0 $106,501 $1,666,001 $0 $112,988 $2,804,566 $0 $113,423 $3,022,617 $0 $119,109 $1,902,058 $0 $133,085 $1,529,530 $0 $150,569 $1,381,017 $0 $168,141 $1,700,036 $0 $177,993 $3,109,993 $0 $183,643 $2,717,197 $0 $196,103 $1,930,522 $0 $210,742 $2,477,139 $0 $222,727 $2,661,635
2040 $7,619,100 $10,451,245 72.9 % 2041 $8,614,045 $11,081,336 77.7 % 2042 $10,064,249 $12,181,352 82.6 % 2043 $11,245,014 $13,018,170 86.4 % 2044 $11,362,207 $12,772,991 89.0 % 2045 $11,332,003 $12,363,453 91.7 % 2046 $12,500,020 $13,165,423 94.9 % 2047 $14,128,315 $14,446,861 97.8 % 2048 $15,998,224 $15,993,568 100.0 % 2049 $17,644,196 $17,334,158 101.8 % 2050 $17,969,509 $17,341,065 103.6 % 2051 $18,774,701 $17,833,464 105.3 % 2052 $20,462,496 $19,234,037 106.4 % 2053 $21,703,870 $20,199,232 107.4 %
Low $2,608,223 Low $2,673,429 Low $2,740,265 Low $2,808,771 Low $2,878,990 Low $2,950,965 Low $3,024,739 Low $3,100,358 Low $3,177,867 Low $3,257,313 Low $3,338,746 Low $3,422,215 Low $3,507,770 Low $3,595,465
Association Reserves
www.ReserveStudy.com
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Outdoor Resort Palm Springs Owners Association Polices as of July 1 st 2024
This summary of the association's policies of insurance provides only certain information, as required by Section 5300 of the Civil Code, and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association's policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance agent for appropriate additional coverage.
LINE OF COVERAGE
NAME OF INSURER
POLICY NUMBER
LIMITS OF LIABILITY
DEDUCTIBLE
$7,330,642 $818,000 $200,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 $4,000,000 $5,000,000 $10,807,220 $3,000,000 $1,000,000
Property Personal Property/Contents Business Income
Property
Mt. Hawley Ins. Co
MCP0174441
$10,000
General Aggregate Per Occurrence Liquor Liability
General Liability
The Burlington Ins. Co.
605BG10268
$5,000
California Automobile Insurance Company
Automobile
BA040000075130
NONE $5,000
Hired & Non-Owned Auto:
Employee Theft Aggregate Limit Limit of Coverage Limit of Coverage Limit of Coverage
Travelers Casualty
107680848 605BE08795
Crime Coverage Umbrella Policy
None
The Burlington Ins. Co.
10%/$50,000
Earthquake
Insurance Co of the West XHO500873912
$5,000
D&O
Philadelphia Indemnity Employers Assurance
PCAP0398460123
None
Work Comp
EIG295609104
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Charges for Documents Provided as Required by Section 4525
Property Address: 69411 Ramon Rd Lot #
. Cathedral City, Ca 92234
Owner of Property: Owners Mailing Address: Provider of the Section 4525 Items: Outdoor Resort Palm Springs Homeowners Association Date: Document Civil Code Section Included
Not Available (N/A) or Not Applicable
Articles of Incorporation or statement that not incorporated
Section 4525(a)(1) Section 4525(a)(1) Section 4525(a)(1) Section 4525(a)(1) Section 4525(a)(2)
$ 10.00 $ 40.00 $ 20.00 $ 10.00
CC&R's Bylaws
Operating Rules
Age restrictions, if any.
X
Pro forma Operating Budget or summary, including Reserve Study Assessment and Reserve funding Disclosure Summary
Sections 5300 & 4525 (a)(3)
$ 10.00
Sections 5300 & 4525(a)(4) Sections 5305 & 4525(a)(3) Sections 5310 & 4525(a)(4) Sections 5300 & 4525(a)(3)
$ 10.00 $ 10.00 $ 10.00 $ 10.00 $ 10.00
Financial Statement review Assessment Enforcement Policy
Insurance Summary Regular Assessment Special Assessment Emergency Assessment
Section 4525(a)(4) Section 4525(a)(4) Section 4525(a)(4)
X X X X
Other unpaid obligations of Seller Approved changes to Assessments
Sections 5675 & 4525 (a)(4) Sections 5300 & 4525(a)(4), (8) Sections 4525(a)(6), (7) , 6000, & 6100 Sections 4525(a)(6), 6000, & 6100 Sections 5855 & 4525(a)(5)
X
Settlement notice regarding Common area defects
X X X
Preliminary list of defects
Notice of violation
Required statement of fees
Section 4525
Minutes of Regular meetings of the Board of Directors conducted over the previous 12 months, if requested
Section 4525(a)(10) ($5.00 each)
$ 60.00
Total Fees for these documents: $200.00 The information provided by this form may not include all fees that may be imposed before the close of escrow. Additional fees that are not related to the requirements of Section 4525 may be charged separately. A seller may request to purchase some or all of these documents but shall not be required to purchase ALL of the documents listed on this form.
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2024 Annual Policy Statement
69411 Ramon Rd Cathedral City, Ca 92234 760.328.3834 800.843.3131 ORPS.com
9
Outdoor Resort Palm Springs 2024-2025 Annual Policy Statement
1.
Designated Recipient Any document required to be delivered to the Association pursuant to the Davis-Stirling Common Interest Development Act and/or any other official document shall be addressed to:
Outdoor Resort Palm Springs Owners Association Attn: Edwin J. Vitrano, General Manager 69411 Ramon Road Cathedral City, CA 92234
2.
Right to Notice to Two Addresses A member may submit a request to have notices sent to up to two (2) different specified addresses, pursuant to the Davis-Stirling Common Interest Development Act of the California Civil Code Section 4040 General Notices to Members The Civil Code also requires that the membership be notified of the designated area for the posting of general notices. General notices (including meeting notices and agendas) are posted on the bulletin board adjacent to the Boardroom in the La Palma Clubhouse and on the official ORPS website at www.orps.com
3.
All owners have the option to receive general notices by individual delivery upon written notification, provided that the request is made in writing and mailed to the Association in a manner that indicates the Association has received it. 4. Right to Individual Delivery . A member has the option to receive General Notices by individual delivery upon written request to the Association in accordance with the Davis- Stirling Common Interest Development Act of the California Civil Code
5.
Right to Minutes The minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board of Directors, other than an Executive Session, shall be available to members within 30 days of the meeting. Thereafter, minutes may be obtained in the Association administration office upon payment of the Association’s costs for providing such copies.
6.
Collection Policy See enclosed Collection Policy for your review.
7.
Lien Policy The Lien policy can be found by referencing the Collection policy. 10
8.
Rules Enforcement Policy See enclosed Rules Enforcement Policy for your review.
9.
Dispute Resolution Procedures See enclosed Internal Dispute Resolution and Alternative Dispute Resolution procedures for your review. Architectural See enclosed Architectural & Aesthetics Requirements for your review. Overnight payments Overnight payment of assessments may be sent/delivered to the following address:
10.
11.
OUTDOOR RESORTS PALM SPRINGS OWNERS ASSOCIATION HOA Accounting Office 69-411 Ramon Rd. Cathedral City, CA 92234-3376
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Collection Policy for Delinquent Assessments SECTION 16 - COLLECTION POLICY
1. Regular & Special Assessments Regular Assessments are due and payable, in advance, on the first day of each month. If imposed, special assessments shall be due and payable on the due date specified by the Board. Assessments, interest, late charges, collection costs and reasonable attorney’s fees, if any are imposed are the personal obligation of the person who is the Owner of the subdivision interest at the time when the assessment or other charge fell due. 2. Right to Receipt When an Owner makes a payment, the Owner may request a receipt, and the Association shall provide same which shall indicate the date of payment and the person who received such payment. 3. Overnight Payments Payment of assessments may be made by overnight mail to the following address: OUTDOOR RESORT PALM SPRINGS OWNERS ASSOCIATION HOA Accounting Office 69-411 Ramon Rd. Cathedral City, CA 92234-3376 4. Application of Payments on Delinquent Assessments Payments received on delinquent assessment accounts will be applied first to the regular or special assessments owed and then be applied to interest, late charges, collection costs, administration fees, attorneys' fees, reimbursement assessments, and any other amount due to the Association in connection with collection of delinquent assessments. 5. Late Charge Regular & Special assessments are delinquent (15) days after they become due. A late charge of ten percent (10%) of the delinquent assessment or ten dollars ($10.00), whichever is greater, may be applied if payment in full of any assessment is not received fifteen (15) days after the payment is due. 6. Additional Charges, Costs and Attorney’s Fees Pursuant to Civil Code § 5650(b), the Association is entitled to recover reasonable collection costs, including reasonable attorney’s fees, incurred in connection with collection of delinquent assessments. Costs may include, but are not limited to, publication, recording, posting, service and mailing.
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7.Interest Interest at the Annual rate of twelve percent (12%) may be charged on all sums due, that are thirty (30) or
more days delinquent. 8.Pay orLien Letter
Any Owner who is more than thirty (30) days delinquent in the payment of his or her assessments may be referred to the Association’s management company or the Association’s attorney for collection and will receive a pay-or-lien demand letter, via certified mail. The letter will be sent at least thirty 30 days prior to a Notice of Delinquent Assessment Lien being recorded against the delinquent Owner’s property, and will notify the Owner of record in writing of the following pursuant to Civil Code § 5660 (a)-(f) (a) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount; (b) An itemized statement of the amounts owed, including delinquent assessments, fees and reasonable costs of collection, reasonable attorney’s fees, late charges and interest charges, if any; (c) The Owner’s right to inspect the Association’s records to verify the debt; (d) The Owner’s right to request a meeting with the Board of Directors, as set forth below; (e) That the Owner will not be liable for late charges, interest and costs of collection if it is determined that the assessment was paid on time to the association. (f) The Owner’s right to dispute the debt by submitting a written request for dispute resolution to the Association pursuant to its meet and confer program (known as Internal Dispute Resolution or IDR) pursuant to Civil Code § 5910 ; (g) The Owner’s right to request Alternative Dispute Resolution (ADR) with a neutral third party pursuant to Civil Code 5935 before the association may initiate foreclosure against the Owner; 9. Owner’s Dispute of Debt/Request for Meeting with Board Prior to Lien/Commencement of Small Claims Lawsuit. Pursuant to Civil Code § 5660 (a)-(f) and 5658, the Owner has the following rights: (a) Meet & Confer. Prior to recording a lien, the Association shall offer and, if so requested by the Owner, to participate in dispute resolution pursuant to the Association’s meet and confer program (known as Internal Dispute Resolution or IDR) pursuant to Civil Code § 5910 . (b) Request to Meet with Board to Discuss Payment Plan. The Owner may submit a written request to meet with the Board to discuss a payment plan for the debt owed. The Association will provide any standards it has adopted regarding payment plans to Owners. The Board will meet with the Owner in Executive Session in conjunction with a regularly scheduled Board meeting, within 45 days of the postmark of the request, if such was mailed, no later than 15 days after the postmark of the pay or lien letter. If there is no regularly scheduled Board meeting within that period, the Board may designate a committee of one or more members to meet with the Owner.
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(c) Payment Under Protest and Commencement of Small Claims Action. In addition to pursuing dispute resolution pursuant to Civil Code §5910 and 5935, pursuant to Civil code §5658, the Owner may pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, and may thereafter commence an action in Small Claims Court provided the amount in dispute does not exceed the jurisdictional limits of that Court. 10. Lien/Notice of Delinquent Assessment If the delinquent Owner does not bring their account current within (30) days of the Pay or Lien Demand Letter, and unless a dispute over such debt has been resolved or a payment plan has been entered into as set forth above, a lien will be recorded against the Owner’s property upon a majority of the Board voting to approve recording the Lien in an open meeting. The Board shall record the vote in the minutes of the meeting. Confidentiality shall be maintained by identifying the property by the parcel number in those minutes. The President or other person designated by the Association, including the Association’s managing agent or the Association’s legal counsel, shall sign the lien. The Lien shall include an itemized statement of the charges included in the amount of the Lien including the delinquent assessment(s) and all other sum owed, such as late charges, costs and reasonable attorneys' fees, a legal description of the property, the name of the record Owner, and the name and address of the trustee authorized to enforce the Lien by sale. A copy of the itemized statement of charges shall be recorded with the Lien. A copy of such Lien will be mailed to every person whose name is shown as an Owner of the separate interest in the Association’s records within 10 days of the date the Lien is recorded. Upon receipt of a written request by an Owner (mailed in a manner indicating the Association has received the same such as by certified mail) identifying a secondary address to which the Owner wishes collection notices to be sent, the Association shall also send additional copies of any required collection notices to such secondary address. The Lien is subject to non- judicial foreclosure, and the property may ultimately be foreclosed upon and sold without court action to satisfy the debt owed. Reasonable collection costs incurred in connection with preparing and recording the Lien may be included in the amount of the Lien. 11. Dispute of Charges After Lien Prior to initiating foreclosure for delinquent assessments, the Association shall offer the Owner and, if so requested by the Owner, shall participate in the Association’s” meet and confer” program (known as Internal Dispute Resolution or IDR) pursuant to Civil Code 5910 or Alternative Dispute Resolution (ADR) with a neutral third party pursuant to Civil Code 5935. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner (binding arbitration not available if the Association pursues judicial foreclosure.) 12. Foreclosure If the delinquent Owner does not bring their account current after the Lien has been recorded, and after the foregoing offers of dispute resolution have been presented, a majority of the Board may vote to initiate foreclosure on the Lien, in an Executive session meeting of the Board The Board may only authorize foreclosure on a Lien for those regular or special assessments which are of an amount equal to or exceeding one thousand eight hundred dollars($1,800) exclusive of late charges, fees, costs of collection, attorney’s fees or interest) or which are more than twelve (12) months delinquent. The Board shall record the vote
in the minutes of the next meeting of the Board open to all members. Confidentiality shall be maintained by identifying the property by parcel number in those minutes.
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The Board shall also vote to approve foreclosure on a Lien which vote shall occur at least thirty (30) days prior to any public sale of the Owner’s separate interest property. The Board shall deliver notice of the decision to foreclose by personal service on the Owner or the Owner’s legal representative, and by first class mail, postage pre-paid to non-occupant Owners at the most current address shown on the Association’s books. These limits do not apply to timeshares or assessments owed by developers. Non-judicial foreclosure will then be commenced by the Association’s law firm pursuant to the CC&R’s, and Civil Code 5700(a), 5710(a), 5735, and 5710(c)(1)-(2), and 2924, et.seq.as follows: (a) “Initiate Foreclosure”- Notice of Default and Election to Sell (NOD). A notice of Default and Election to Sell (NOD) will be recorded with the County Recorder’s Office which puts property into foreclosure. The Association cannot continue with the non-judicial foreclosure on the property for ninety (90) days from the date the NOD is recorded. The delinquent Owner is responsible for all fees and costs incurred to initiate foreclosure in addition to the delinquent assessments, late charges, and interest. (b) “Approve Foreclosure”- Notice of Sale. If the delinquency is not cured within ninety (90) days of the Notice of Default being recorded, and upon receipt of approval and authorization of the action by the Board pursuant to a vote, the attorney will proceed by recording, publishing and posting a Notice of Sale. The delinquent Owner is responsible for all fees and costs incurred to prepare, record, publish and post the NOS, in addition to the delinquent assessments, late charges and interest. 13. Partial Payments- Any assessment payments received from a delinquent Owner will be applied to that Owner’s account. However, absent receipt of payment in full of all amounts due, the Association will proceed with any collection action initiated against the Owner’s separate interest or the delinquent Owner personally pursuant to and consistent with the requirements of California statutory and case law unless the payments are remitted pursuant to a written payment plan approved by the Board. 13. Redemption An Owner may redeem the property foreclosed upon by the Association by paying all amounts due and owing within ninety (90) days of the date of the foreclosure sale. 14. Lawsuit The Association may, at any time, determine to file a personal lawsuit against the delinquent Owner to recover all delinquent charges pursuant to relevant law. All costs and attorney’s fees in connection with the lawsuit, in addition to the delinquent charges and other collection costs will be sought from the delinquent Owner. 15. Release of Liens Upon Payment Within twenty- one (21) days of payment in full of all delinquent assessments and charges, or if it is determined that a Lien previously recorded was recorded in error, the attorney will prepare a Release of Lien which will be recorded by the County Recorder’s Office and will provide Owner with a copy of such release or notice that the delinquent assessment has been satisfied.
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SECTION 16 – RULES & REGULATIONS
ENFORCEMENT PROCEDURES The Association and/or any owner has the right generally to enforce the Association’s Governing Documents. This right includes requesting the violator to cease the offending action, taking legal action against the violator, and/or making a complaint to the Board of Directors. If a resident gives the Board of Directors, a written complaint alleging that a rule has been violated, the Board will investigate the allegation and may take action against the offending resident, including but not limited to fining or special assessing, if appropriate, suspending privileges, or instituting legal actions. However, nothing in this document obligates or requires the Board of Directors or authorized committee to take any action against an individual resident. The Board of Directors, in making this decision, will determine the costs and benefits of taking such action. 16.A ENFORCEMENT PROCEDURES Upon notification of an alleged violation of the Association’s Governing Documents by an Owner/Resident, a Board member, A&A Committee member, Association’s Compliance Officer, access control personnel, or another designated representative of the Association, the General Manager will investigate and upon verification of the violation, will take the following steps: 1. Violations of the Association’s Architecture and Aesthetics (A&A) Rules (architectural and landscape violations): a. Provide Homeowner a courtesy warning by personal contact, telephone or email specifying the violation of the Governing Documents and requesting the Homeowner cure the violation within ten (10) days of contact. If the Association is unable to make contact as specified, the Homeowner will be sent a Courtesy Warning Notice by first class mail. b. If the violation is not cured by date indicated following notification as provided in A.1.a above, or if there was a re-occurrence of the violation for which the courtesy notice was sent, the Association will issue a Violation Notice by personal delivery or first-class mail, requesting the owner cure the violation within ten days of the date of the Violation Notice. c. If a Violation Notice is sent and the violation is remedied by the date specified, a Hearing Notice is sent to the Homeowner in accordance with Section 16.B, Homeowner Hearing Procedure and Due Process Rights. d. Steps A.1 and A.2 may be skipped, and a Hearing Notice sent if the seriousness of the situation requires immediate action, or if it is a re-occurring violation. 2. Non-Architectural Violations and Violations of the Association’s Rules and Regulations. a. Upon verification, the Homeowner will be scheduled for a hearing before the Board of Directors pursuant to Section 16.B, Homeowner Hearing Procedure and Due Process Rights. b. Initiation of a Citation by the Association’s Security staff is considered verification that a violation has occurred. It is the discretion of the officer whether a citation is to be written. In many cases a warning is sufficient, such as if the violation is immediately corrected without protest by the violator and there is no knowledge of a recurring problem. If a citation is issued by Security staff for a violation of the Rules & Regulations and a fine assessed as authorized under Section 16.C.2, the Homeowner may either: i. Pay the fine indicated on the citation within 15 days of the citation date. If a person chooses
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this option, they must print, date, and sign their name in the space provided on the reserve side of the citation and return the citation to Accounting, Outdoor Resort Palm Springs, 69411 Ramon Road, Cathedral City, CA 92234, or ii. Contest the violation. If an Owner/Resident fails to remit payment within 15 days of the citation date and/or chooses to contest the citation, the Owner/Resident will be scheduled for a hearing before the Board of Directors, pursuant to Section 16.B, Homeowner Hearing Procedure and Due Process Rights. Any person who contests the citation and is determined to be in violation of the Association’s Governing Documents could face the imposition of administrative expenses, further disciplinary action such as suspension of privileges or use of the recreational amenities, in addition to imposition of a fine as authorized under Section 16.C.2. 16.B HOMEOWNER HEARING PROCEDURE AND DUE PROCESS RIGHTS Prior to the imposition of any fine, special assessment, or suspension of rights or privileges, a hearing will be held before the Board of Directors pursuant to the following Homeowner Hearing Procedures and Remedies: 1. Homeowner Hearing Notice: Homeowner will provide a written notice by certified mail at least ten (10) days prior to the meeting at which disciplinary action may be considered or proposed. The Notice will contain the following: a. The date, time and place of the hearing. b. The nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and c. A statement that the member has the right to attend the hearing either in person or by the teleconference and present evidence in his/her defense in writing, rather than make an appearance at the hearing. 2. Homeowner Hearing Procedures Homeowner hearings will be held in accordance with the following procedure: a. Review of all documentation submitted by the Association staff. b. Statement of Violation by acting chairperson. c. Review requirements of Association’s Governing Documents. d. Statement by Homeowner. e. Statement by any third-party witnesses. f. Discussion and questioning of the Homeowner by the Association. g. Questions (if any) and final statement by the Homeowner. h. Hearing ends. Homeowner is excused. i. Board deliberates. 3. Penalties If it is determined a violation has taken place, the Board of Directors may take any or all of the following actions: a. Imposition of Fines/Monetary Penalties. b. Imposition of Reimbursement Assessments for damage to the Common Area or to reimburse the Association for costs incurred to bring an Owner or his/her family members, guests, tenants, invitees, and occupants into compliance with the Governing Documents. c. Suspension of Rights: The Association may suspend voting rights and the right to use the Common Facilities and may disconnect bulk cable services for up to thirty (30) days due to violation of the Governing Documents by an Owner, or his/her family members, guests, tenants, invitees, and occupants. In addition, the Association may suspend the voting rights and right to use the Common Facilities and disconnect bulk cable services for any period during which any Assessments remain unpaid.
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4. Ruling Notice Within fifteen (15) days after the date that disciplinary action is taken, the Homeowner shall be given a Ruling Notice containing the following: a. The Board’s findings as it relates to the violation of the Governing Documents with facts. If no violation is found, then no remedy is required, and the Association would then issue a Ruling Notice affirming no violation. b. The penalties imposed, if any, against the Homeowner; and c. If a fine/monetary penalty or assessment is imposed against the Homeowner, a statement that such fine or assessment must be paid within thirty (30) days after the Ruling Notice. Failure to pay as required may result in the imposition of additional penalties after notice and hearing, as set forth in these Enforcement Procedures or the Association’s Collection Policy. 16.C ENFORCEMENT GUIDELINES Generally, though not necessarily, the Association will adhere to the following schedule for violations of the Association’s A&A Rules: 1. First Offense: a. Warning Letter and Request to Correct Violation (if applicable); and/or b. Possible fine not to exceed $250.00; and/or a. Possible fine not to $500.00; and/or b. Reimbursement Assessment; and/or c. Suspension of rights and privileges; and/or d. Institute Alternative Dispute Resolution and/or Internal Dispute Resolution; and/or filing of lawsuit. 3. Third Offense a. Possible fine not to exceed $1,000.00; and/or b. Reimbursement Assessment; and/or c. Suspension of rights and privileges; and/or d. Institute Alternative Dispute Resolution and/or Internal Dispute Resolution; and/or filing of lawsuit. Depending on the severity and frequency of the violation and/or violator, the choice of enforcement procedure(s) and/or the enforcement remedy utilized may vary. Fines will usually fall within the above- referenced enforcement guidelines. However, in extreme cases, the fines imposed may be substantially higher. The Association reserves the right to institute any of the above-referenced enforcement measures regardless of whether it is first offense, second offense, etc. Violation of certain provisions of the Association’s Rules and Regulations regarding Motor Vehicles Operation& Safety, Parking, and Pets will be fined according to the following schedule, for the first violation. All other violations will be subject to hearing and guidelines set forth in Section 16.C.1 above. Motor Vehicles Operation & Safety ( including Golf Carts and Motorcycles) Speeding: Up to 5 mph over limit: 25.00 6 to 14 mph over limit: 50.00 15 plus mph over limit: 150.00 Failure to stop at posted stop sign: 50.00 Reckless or erratic driving: Hearing – see remedies in C.1 above. c. Reimbursement Assessment; and/or d. Suspension of rights and privileges. 2. Second Offense:
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Driving without a valid driver’s license:
50.00 25.00 25.00 50.00
Driving a golf cart without a functioning headlight/taillight:
Parking Violation: Pet Violation:
SECTION 17 – RULES & REGULATIONS
ADMINISTRATION AND ENFORCEMENT In accordance with Article 15 of the Association’s CC&Rs, it is the obligation of each owner, lessee, licensee, guest, resident, and occupant to comply with the provisions of the Association’s Governing Documents, including these Rules & Regulations. Failure to comply with any of these rules shall be grounds for enforcement action by the Association, as set forth in the Association’s Enforcement Policy. Enforcement of these rules will be administered by the General Manager, his/her designee and/or Security staff.
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Summary of Dispute Resolution Procedure
Per California Civil Code 5915 1. Either party to a dispute within the scope of this article may invoke the following procedure: a. The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing. b. A member of an association may refuse a request to meet and confer. The association shall not refuse a request to meet and confer. c. The board shall designate a director to meet and confer. d. The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. The parties may be assisted by an attorney or another person at their own cost when conferring. e. A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf ofthe association. 2. A written agreement reached under this section binds the parties and is judicially enforceable if it is signed by both parties and both of the following conditions aresatisfied: a. The agreement is not in conflict with law or the governing documents of the common interest development or association. b. The agreement is either consistent with the authority granted by the board to its designee or the agreement is ratified by the board. c. A member shall not be charged a fee to participate in the process. Per California Civil Code 5925 1. “Alternative dispute resolution” means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decision-making process. The form of alternative dispute resolution chosen pursuant to this article may be bindingor nonbinding, with the voluntary consent of the parties. 2. “Enforcement action” means a civil action or proceeding, other than a cross-complaint, for any of the following purposes: 3. Enforcement of this act. 4. Enforcement of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110 of Division 2 of Title 1 of the Corporations Code) 5. Enforcement of the governing documents. Per California Civil Code 5930 1. An association or a member may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to alternative dispute resolution pursuant to this article. 20
2. This section applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure. 3. This section does not apply to a small claims action. 4. Except as otherwise provided by law, this section does not apply to an assessment dispute. Per California Civil Code 5935 Any party to a dispute may initiate the process required by Section 5930 by serving on all other parties to the dispute a Request for Resolution. The Request for Resolutionshall include all of the following: 1. A brief description of the dispute between the parties. 2. A request for alternative dispute resolution. 3. A notice that the party receiving the Request for Resolution is required to respond within 30 days of receipt or the request will be deemed rejected. 4. If the party on whom the request is served is the member, a copy of this article. (a) Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request. (b) A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party. (c) If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the alternative dispute resolution within 90 days after the party initiating the request receives the acceptance, unless this period is extended by written stipulation signed by both parties. (d) Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code applies to any form of alternative dispute resolution initiated by a Request for Resolution under this article, other than arbitration. (e) The costs of the alternative dispute resolution shall be borne by the parties.
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Architectural & Aesthetics Requirements Summary Lot Modifications and Permit Applications
Except for limited, routine maintenance routine maintenance items described below, before any improvement is done on any Lot, a permit is required to ensure that all modification and improvements comply with the Association’s Governing Documents. For purposes of this requirement, the term “*Improvement” includes, without limitation, the construction, installation, alteration, removal, or remodeling of any buildings, walls, privacy screens, fences, landscaping, golf ball screens/netting, antennas, utility line’s structure, installations, and improvements of any kind. Refer to CC&Rs, Article 7.3. No permit is required for routine maintenance, or clear sealing of Lot hardscape surface (if staining and sealing hardscape, a permit and A&A approval is required), annual bed cleaning in the Spring and replanting in the Fall, and maintenance of palm trees. Only State of California approved products are allowed for staining, sealing, or painting. Permit are required for the following lot modifications; No fee will apply to these permits; however, an inspection is required when the work is completed. 1. Repair of lot light 2. Repair of fifth wheel enclosure 3. Repair of fifth when stairs 4. Removal of trees, hedges, or landscape material Permits are required for all other improvements subject to an established Permit Application fee. Permit Approvals Subject to CC&Rs, Article 7.3, it is the responsibility of the A&A Committee to approve all permit applications except that the Board can delegate to the General Manager or designee the duty to review and make decisions on applications submitted during the summer months. In the event a Permit Application is not approved by the A&A Committee, the Owner may appeal in writing to the Board of Directors, as provided in Article 7.9 of the CC&Rs and in Section 12 of the A&A Rules. General Requirements Before a permit is issued, detailed specifications and plans for all changes, including any relocation of utilities must be submitted along with the Permit for Lot Modification Application (Attached as Exhibit C to these Rules) and a Plot Plan of your lot.
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1. An approved permit must be posted in a visible location (on the front Washingtonian Palm) and be kept on the Lot at all times from the beginning of construction, until final inspection. 2. Any addition/deletion of items to an approved permit application must be promptly reported to the Committee and is subject to review and approval by the A&A Committee. Work must stop until approval of changes has been given by the A&A Committee. 3. The Owner is responsible for replacement or modification of any Common Area landscaping, utilities, or irrigation components affected while installing approved Lot modifications. All irrigation modifications must be completed by the Association’s contracted vendor for Landscape Maintenance, at owner’s expense. Any disruption of the Common Area during a Lot modification of any kind must be fully restored to its original condition. 4. All improvements must be within the boundaries of the Lot. To help prevent Lot boundary disputes, all major and complete Lot modifications will require a licensed survey of the lot, locating the four (4) corner pins, before a permit will be issued. (Refer to Section 11 of these rules for procedures to determine lot line boundaries). 5. Before a permit will be issued for any change to a Lot that is not in compliance with all ORPS rules, regulations, and policies, the Owner requesting the permit must agree to bring the Lot into compliance as part of the modification. 6. A final inspection is required by the A&A Committee, or designee, at the completion of the approved Lot modifications. Any deviation from the original approved specifications/plans will be removed at Owner’s expense. 7. Permits required by local authorities are the responsibility of the Owner. 8. Improvements done on a Lot without a permit are subject to additional permit fees and possible removal of improvements at the Owner's expense. Cathedral City Permits 1. Improvements or Lot Modifications that entail work subject to City of Cathedral City permitting requirements, including but not limited to electrical work, plumbing work, or in connection with a retaining wall, will require applicable permit(s) from the City of Cathedral City. 2. The Owner is responsible to apply for a City of Cathedral Permit which should occur following submittal of a Lot Improvement Permit Application and preliminary approval of design by the A&A Committee (as required by the Cityof Cathedral City
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