From time to time the governing documents may be modified, particularly the Association Rules and the Environmental Control Committee (ECC) Rules.
There is a specific process that must be followed for rule changes. Any member of the Association in good standing or Association management may submit a proposed rule change. First, the section/subsection of the existing rule must be documented verbatim. Then any additions to the rule should be inserted using bolded underlined text. Any deletions should be shown using
strikethrough. A Purpose and Effect statement must also be included with the proposed change. The statement should explain the purpose for the change and the effect the change will have. Once drafted, the proposed change goes through the following process:
- Proposed changes are first submitted to the Rules Advisory Committee. The committee meets on the first Tuesday of each month at 10:30 AM at the Association office. All members in good standing are welcome to attend these meetings. Anyone submitting a proposed change should send a request to the Rules Committee Scribe for inclusion on the next Rules Committee agenda. The request can be emailed to email@example.com, or it can be dropped off at the Association office. Requests should be submitted at least five days prior to the scheduled meeting date.
- The Rules Committee will review the proposed change(s) and check it/them for proper format and ensure that it/they are not in conflict with any other governing documents, California Civil Code, ordinances or laws. The person submitting the proposed change should attend the meeting.
- If approved by the Rules Committee, the proposed change will then be forwarded to the Board of Directors for their approval to publish it in Bear Tracks for a 30 day review period. The review period provides the opportunity for any member to provide their feedback to the Board, either for or against the proposed change.
- After the review period the proposed change will go back to the Board for approval to be adopted. Any member feedback that has been provided during the review period is considered by the Board before a decision is made.
- If the Board approves the proposed change, it is published in Bear Tracks a second time as a notification to the membership that the rule has been changed along with it’s effective date.
The C&Rs, Section 10(d), Committee Rules, state in part…“The Committee shall by unanimous vote have the exclusive power to adopt, amend and repeal, rules and regulations, to be known as Environmental Control Committee Rules…”. Therefore, the process is a little different than Association Rule changes. In recent past the ECC has decided to follow a specific process, as follows:
- From time to time the ECC may decide to make changes to the ECC Rules. If an association member in good standing would like to see a change made to the ECC Rules, they are encouraged to make an appointment to meet with the ECC to discuss the matter. All ECC Rule Changes must be approved unanimously by the ECC. Once approved, the change(s) are forwarded to the Rules Advisory Committee for their review.
- The Rules Advisory Committee will check the rule change(s) for proper format and ensure that it/they are not in conflict with any other governing documents, California Civil Code, ordinances or laws.
- After the Rules Advisory Committee reviews the changes they are forwarded to the Board of Directors for approval to publish in the Bear Tracks as a notice to the membership. The change(s) will then take effect after a 45 day notice period. The 45 day notice provides the opportunity for any member to provide their feedback to the ECC, either for or against the change. The membership has an opportunity to express their opposition, if they see fit. In this case the member should contact the Association office to request a meeting with the ECC. Ultimately however, it is the ECC who has the exclusive power to adopt, amend and repeal the ECC Rules
Bylaws & C&R’s
Changes to the Bylaws or C&Rs can only be accomplished by a vote of the membership. Therefore any member in good standing has the opportunity to draft a proposed Bylaw or C&Rs change on an annual basis during the annual election process that happens on the second Saturday in June each year. Proposed Bylaw or C&Rs changes must be submitted to the Board Secretary no later than the 2nd Monday in February for inclusion on the June ballot.
For more information on changes to the governing documents, please contact the Board Secretary at 661-821-5537, ext. 231.
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