Introduction to Governing Documents
The following documents, the third amended Bylaws and Declaration of CC&Rs, have been prepared by legal counsel and reviewed by the Board of Directors. The Board approved forwarding them to our members for review and vote. Once these restated Bylaws and CC&Rs have been approved by an affirmative vote of a simple majority of our entire membership (affirmative vote of at least 50% plus one of the membership), they will govern the affairs of Lake Wildwood.
The documents may be found on the Members’ side of the Lake Wildwood website at http://www.lwwa.org.
Why are we doing this now? Lake Wildwood is a Community Interest Development regulated by sections of the California Civil Code called the Davis-Stirling Act. That Act was massively modified in 2014.
In addition, our Association is organized as a mutual benefit nonprofit corporation, which is subject to sections of the California Nonprofit Corporation law and the California Corporations Code. Since our last amendments were adopted in 2007, many of the laws in all three codes have changed, and counsel advised LWA to bring our governing documents into compliance with current law.
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As a guideline to drafting we endeavored to ensure that only those areas of these documents that required change due to changes in the law were amended. We did request three modifications — two were for fire safety and one for governance.
We removed the limitations on tree removal from the CC&Rs, leaving that area governed by Association Rules. We removed the section in the CC&Rs governing the screening of propane tanks, which will also be governed by Association Rules. Lastly, as a governance rule, the Board incorporated the Board Members Code of Conduct in the Bylaws and provided that a director may be removed for violating its terms. Why do we care about this? Simply we want you to understand the importance of the documents to your daily lives, and we will be soliciting your affirmative vote some time later this year. In the past when we failed to achieve the required quorum of voters, we had to petition the court to certify the documents. We trust that court action will not be required again.
Have you ever wondered why the Board of Directors acts the way it does? The Bylaws of the Association govern the Board’s conduct and limit what the directors may do without a vote of the membership. The Bylaws are like a constitution, guiding both management and the Board in how to conduct Association affairs.
Have you ever wondered why you have to maintain your property according to Association standards? The CC&Rs are a compilation of covenants, conditions and restrictions that apply to all the properties within the Association. They constitute limitations on each member’s use of his or her property. Since they are conditions that affect real property, the CC&Rs are recorded, just like a deed, in the Nevada County Recorder’s Office to provide notice to potential purchasers of property.
Members may feel free to ask questions or make comments about these documents on the Board Blog or on the website, or members may e-mail the Board at firstname.lastname@example.org. We will endeavor to address your concerns.
Thank you for making our community a wonderful place to live.
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