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Villa Portofino Homeowners Association

Standing Rules

Last UpdatedSeptember 7, 2011

Standing Rules Printed 9/27/2011 6:17:00 PM

Table of ContentsAssociation...................................................................................................................1

Name....................................................................................................................................1

Architectural.................................................................................................................2Approvals.............................................................................................................................2Authority..............................................................................................................................2Fees......................................................................................................................................3Fines.....................................................................................................................................3Meetings..............................................................................................................................4Procedures............................................................................................................................5Rules....................................................................................................................................7

Assessments.................................................................................................................9Payments..............................................................................................................................9Collections...........................................................................................................................9

Board of Directors.......................................................................................................10Complaints.........................................................................................................................10Meetings............................................................................................................................11Minutes..............................................................................................................................13Mission Statement.............................................................................................................15Policy.................................................................................................................................16Training..............................................................................................................................16

Budget......................................................................................................................17Reserves.............................................................................................................................17Policy.................................................................................................................................17

Common Areas.........................................................................................................18Clubhouse Fees..................................................................................................................18Rules..................................................................................................................................18Rental Agreement..............................................................................................................19Rules..................................................................................................................................21

Committees...............................................................................................................22

Day Care...................................................................................................................25Policy.................................................................................................................................25

Elections...................................................................................................................26Rules..................................................................................................................................26

Fences......................................................................................................................27Association........................................................................................................................27Homeowner........................................................................................................................28

Landscaping.............................................................................................................29Trees..................................................................................................................................29

Manager.....................................................................................................................30Authority............................................................................................................................30

Standing Rules

Duties.................................................................................................................................31

Office........................................................................................................................32Fees....................................................................................................................................32Hours / Staff.......................................................................................................................32Keys...................................................................................................................................32Mail....................................................................................................................................33Procedures..........................................................................................................................33

Playground................................................................................................................34

Equipment.................................................................................................................34

Pool...........................................................................................................................34Hours..................................................................................................................................34Keys...................................................................................................................................34Monitor..............................................................................................................................34Rules..................................................................................................................................35

Portofino Press.........................................................................................................36Policy.................................................................................................................................36

Signs.........................................................................................................................37Reality................................................................................................................................37

Vendors....................................................................................................................38Hiring.................................................................................................................................38

Volunteers.................................................................................................................39Background Checks...........................................................................................................39Code of Ethics....................................................................................................................39


Minutes reviewed for this document

Fiscal Year Comments

2009-10 Through May 27, 2010.

2008-09 Through July 25, 2009, except for Special Meetings on 9/4/08, 11/6/08 and 12/11/08 which have not yet been checked.

2007-08 Complete.

2006-07 Complete, provided there wasn’t a Board meeting in December of 2006.

2005-06 Complete, provided there wasn’t a Board meeting in November of 2005.

2004-05 July meeting has not been checked (not sure if there was a Board meeting that month or not). It appears there wasn’t a Board meeting in December 2004.

2003-04 Have not checked December 2003 (there may not have been a meeting), February 2004 and April 2004.

2002-03 Have not checked July 2002, August 2002, October 2002, November 2002 and June 2003 (some of these meetings may have been postponed).

2001-02 Nothing has been checked for this fiscal year.

2000-01 Have not checked December 2000 (there may not have been a meeting that month).

Association Name

January 22, 2009 Bob Dalgleish moved that “VPHOA” be adopted as the official acronym of the Villa Portofino Homeowners Association.

Printed Standing Rules Page

Architectural Approvals

September 27, 2007 Foster Kimball moved to purchase a stamp to be affixed to approved plans before they are released to the City for permits, with such stamp stating: "These plans need to be reviewed by the Development Services Department for compliance with PRD #4 and they require the signature of the appropriate authorizing Development Services official," followed by space for signature and date.

Authority

January 27, 2011 Lorraine moved to allow the General Manager, or the Chairman of the Architectural Committee to authorize 30 day extensions for architectural violations.

May 20, 2004 Reen Benson moved that the Architectural Committee may approve window replacements without Board approval.


Fees

October 23, 2008 Foster Kimball moved to adopt the following Architectural Fee Schedule: General Violation ($50.00 per violation and $2.00 per day until the violation has been cleared), Painting Violation ($150.00 per violation and $3.00 per day until the violation has been cleared) and Unapproved Changes ($250.00 per violation and $8.00 per day until the violation has been cleared).

April 28, 2005 Richard Sedgwick moved that the architectural fine schedule be revised as follows: Homeowners found with violations be sent a letter that states that they have thirty (30) days or ninety (90) days for paint, and must contact the office within that time frame to have a re-inspection performed. Ten days after that time period a fine of $50 will be imposed if violations are not corrected. If violations are not corrected after the next thirty (30) days the fine will be increased to $100 and every month thereafter. The letter will also state that they have the right to appeal any fine by requesting to appear before the Board of Directors in open or executive session.

July 20, 2000 Thomas Hammond moved to modify the fee schedule for architectural processing and plans to delete the fees for patio covers (front and side), carport conversions, and sunrooms, effective immediately.

Fines

May 25, 2006 Rick Sedgwick moved that architectural violation fines cannot be reversed without Board approval.

February 23, 2006 Rick Sedgwick moved that after a homeowner has been fined for six consecutive months for the same architectural violations, the fine will go to $500/month each month after, effective May 1, 2006.

November 19, 2003 Richard Sedgwick moved to ratify the recommended fine schedule, adding that office staff will leave a phone message for the resident within seven days of when a letter is sent.


Meetings

September 24, 2003 Carolyn Moore moved to calendar the Architectural Committee meeting as the 1st and 3rd Wednesdays of the month, and to authorize decisions that are made by the committee provided that at least three members are present.


Procedures


April 28, 2011 B.J. Juleson moved to approve the new Architectural Procedures Manual with corrections to be distributed to the membership for the 30-day comment period.

May 27, 2010 Pamela Tangonan moved to approve the revised architectural request form.

October 26, 2006 Carolyn Moore moved to approve architectural check procedures:

1. Architectural Committee members shall make regular, period checks of the grounds and the homes in Villa Portofino. The intent is to make sure architectural harmony is maintained while properties, from a common-point perspective, are kept up to make sure the property, all surrounding properties, and all properties in Villa Portofino are able to hold their value, and increase in value over time commensurate with our geographical location.

2. Villa Portofino will be subdivided into sections that make checking, monitoring, and follow-up by committee members/checkers a manageable task. Subdivision and dispatching of checkers shall be at the Committee’s discretion.

3. Visual inspections shall be made from the sidewalks adjacent to the streets, walkways on the greenbelts and through the common areas, and from the alleyways behind the properties. Checking shall be done while walking, or riding in a VPHA cart, down the sidewalks and walkways, and down the centerline of the alleyways. A violation shall be construed as a non-conforming situation visible only from the aforementioned sidewalks, walkways, and alleyways. At no time shall checkers deviate from these parameters to seek out additional violations. Checkers are not allowed to peer over fences, move bushes, open gates, enter carports, driveways or garages, or peer into homes, to conduct architectural checks. Checkers are further not allowed to request from one homeowner access to a property for the purposes of inspecting another property.

4. When a homeowner has an architectural issue with another owner, they have the right and ability to file an architectural violation on their own. The


Architectural Committee’s follow-up on such reports will occur only within the normal checking procedure listed in the above section unless deemed an emergency or safety hazard by the architectural chair or liaison. Checkers shall not prod or cajole association members into cooperating in checking a property in a manner not approved by this policy.

5. The Committee has, may establish, or may modify at their discretion an architectural checker’s checklist. The checker shall use this list to log violations that he/she discovers.

6. Once violations have been verified to the satisfaction of the Committee – i.e., that a violation exists, the Committee will then provide the office with a database of the addresses and violations noted during the checks. The office will generate and mail standard violation notice letters to the homeowners of record. The office will then report to the Committee the date the notices were sent, and the Committee shall send checkers at the 30-day point (90-days for paint violations) to verify that violations have been corrected. Those not corrected shall be subject to appropriate action to ensure that violations get corrected.


Rules


June 30, 2008 Muriel Vasconcellos moved to extend the moratorium on writing architectural violations for gazebos and umbrellas visible above the fence line until August 2009, with the exception of those in poor condition.

April 24, 2008 Foster Kimball moved to place a moratorium on writing architectural violations regarding umbrellas and gazebos, other than maintenance issues.

April 24, 2008 Foster Kimball moved to place a moratorium on actions regarding fences that do not conform to current policy. No approvals will be given and no violations will be written, other than maintenance issues.

March 27, 2008 Chuck Dayton moved that since the City of San Diego has made it clear in past letters to the association and in a recent meeting with VPHA representatives that they will approve architectural changes that have been approved by the VPHA Board, without requiring an amendment to the PRD, that the Board resume approving 920/930 patio conversions that conform to the existing standard plans and specifications.

March 27, 2008 Karen Harris moved that effective July 1, 2008, if a homeowner has received a notice to remove a basketball hoop and a member of the Architectural Committee observes the basketball hoop again, the homeowner will be assessed an immediate fine for each occurrence.

September 27, 2007 Chuck Dayton moved that the Board inform the Architectural Committee that it will not approve windows in carport conversions at the current time.

August 24, 2006 Brad Lawhorn moved to postpone enforcing architectural violations for solid patio covers until resolution of the PRD amendment, with the proviso that homeowners who sell their property in the interim must restore the patio cover to no more than 50% coverage. Letters will be sent to the homeowners, with copies in the lot file.

February 23, 2006 Carolyn Moore moved to approve the terra cotta color of Owens Corning shingles as an approved VPHA option.

October 29, 2005 Rick Sedgwick moved to approve the (two new) color schemes recommended by the Architectural Committee.

June 23, 2005 The Board agreed on the following: Canopies are allowed as long as they are in good condition; basketball hoops are allowed if they are portable, but not if they are permanent; and trellises are allowed up to a maximum


height of seven feet, but not facing the common areas or on the front of the property.

January 27, 2005 Brian Staples moved that the twelve paint schemes recommended by the Architectural Committee be approved.

September 23, 2004 Richard Sedgwick moved that when the overall fence color is decided, homeowners may choose to paint their alley fences in that same color.

September 23, 2004 Richard Sedgwick moved to approve the requests as submitted, provided that the rooflines stay at the current height and there is no change of elevation. This condition is to be added to all future approvals for carport conversions.

November 19, 2003 Brad Lawhorn moved to allow window changes at a minimum of one side of the house at a time, to be completed within 90 days, so long as all of the windows in the entire house are completed within 12 months. If the home is sold or transferred, all window replacements must be completed prior to transfer of ownership.

September 24, 2003 John Baker moved to authorize the Architectural Committee to approve coyote rollers as standard approvals.

November 16, 2000 Judy Ward moved that no windows be approved in garages other than the sliding window (half-glazed) in the door to the garage. John Baker seconded the motion. The Board voted unanimously in favor of the motion.

September 21, 2000 Thomas Hammond moved that the Board expand the policy about garage, storage, and house doors to include security, screen, and any other doors. The motion was amended to include that the doors they must be the color of the trim or fascia or the color of the siding, and that the intent of the policy is to ensure uniformity of the community and that the aesthetics and ambiance of the community be maintained.


Assessments Payments

March 24, 2005 Richard Sedgwick moved to deny pool, tennis, and clubhouse privileges to any homeowner who is more than 90 days delinquent.

Collections

May 7, 2007 Brian Staples moved to approve the collection policy outlined on pages 17-19 of the APS proposal (attachment A).


Board of Directors Complaints

October 25, 2007 Bob Schweizer moved that homeowners who are concerned about Board policies and procedures must be willing to put such concerns in writing, signed and dated, and must appear at a Board meeting before the Board will discuss the subject.

July 26, 2007 Thomas Hammond moved that homeowner complaints must be submitted to the Board in writing, as specified in the VPHA rules.


Meetings


June 25, 2009 The Board determined that Board packets are to be delivered over Board members back fences, in zip lock plastic bags in inclement weather.

June 25, 2009 Brad Lawhorn moved that all addendums to VPHOA Board packets be delivered to absent Board members subsequent to the meeting(s) they have missed.

March 26, 2009 Brad Lawhorn moved that there be a Homeowners Forum at all meetings, including special board of directors meetings, and that the following verbiage be deleted from the Homeowners Forum Opening: “not elsewhere included in this Board Meeting’s Agenda.” and “Speakers may be limited to less than 3 minutes each if several speakers want to address the same issue.”

September 25, 2008 David Legge moved that no person is authorized to make a recording of any open Board of Director’s meetings other than the recording secretary and that all recordings shall be erased immediately after transcription by the recording secretary.

August 28, 2008 Chuck Dayton moved that the staff person taking minutes delete the recording of any regular Board meeting once the minutes of that meeting have been approved and that the Executive Session meetings never be recorded.

March 27, 2008 Chuck Dayton moved that before any motions are voted on by the Board, that the motion always be read back in full by the parliamentarian, just prior to the vote.

March 27, 2008 Chuck Dayton moved that anyone responsible for an agenda item prepare a written statement to be read into the minutes at the start of their agenda item. A copy of the read statement must be given to the parliamentarian by the end of the meeting, for inclusion in the minutes. If no written statement is provided to the parliamentarian at the meeting, the parliamentarian will try to summarize the agenda item as best they can from their notes. No changes, other than for typographical mistakes, will be made to the draft minutes without a vote by the entire Board.

December 20, 2007 Board Meetings 101. Bob Schweizer moved to adopt the three motions described in Attachment A, Board Meetings 101.

September 6, 2007 Thomas Hammond moved that the deadline for submitting items for the Board packets be noon on the


Thursday before the meeting.

March 29, 2007 Brian Staples moved to allocate up to $100.00 to buy a recording system and to post notice at the clubhouse door that meetings are being recorded, with Brian Staples appointed to research options and buy the equipment.

March 29, 2007 Steve Evatt moved that standard policy for this Board be that the President votes only to break a tie.

November 19, 2003 The Board requested that future Board packets include copies of all architectural modification requests.

December 4, 2002 John Baker moved that Executive Sessions that are scheduled outside of regular Board meetings be scheduled to accommodate the schedules of Board members, property management staff, and all professional staff, when possible, generally not before 7 pm. David Aposporos seconded the motion.


Minutes


February 24, 2011 Brad Lawhorn moved to have the voting for the Executive Session to be listed as “motion carried or motion failed” in the Open Session Minutes and not have the particulars of the vote listed.


August 26, 2010 Foster Kimball made the following motion:The minutes of meetings are a means of recording and maintaining corporate history; as such, they shall not contain personal issues/agendas, statements, viewpoints or opinions. As a rule, minutes should record what was done at a meeting, not what was said. (Robert's Rules, 10th Edition, p. 451).

The minutes of meetings shall be limited to the following:

The type of meeting (regular, special, emergency, executive session)

Date, time and location of meeting Directors who were present and

absent, along with their titles. The minutes should also list guests who were invited to speak to the board, such as representatives of the management company (by name), the Association’s CPA, contractors bidding on projects, the Association’s attorney, etc. It is not necessary to list members who attend the meeting.

Motions and the outcome of votes. General description of matters

discussed in executive session. Date for the next meeting Time the meeting was adjourned.

Contract proposals reviewed by the board shall not be attached to the minutes. The underlying documents that support the board’s decision are kept in the board packet which is to be kept on file in the management office. Documents may be attached to and made part of the minutes, but only with the board’s approval. Individual directors do not have the right to attach documents to the minutes without first obtaining board approval.

Minutes of meetings must be kept on file as a perpetual record.

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 of an Association, other


than executive session, shall be available to members within 30 days of the meeting. Civil Code 1363.05.

The minutes, proposed minutes, or summary minutes must be distributed to any member of the Association upon request.

Thomas Hammond seconded the motion. The motion carried unanimously.

September 28, 2006 Brian Staples moved that, commencing immediately, 1) all minutes of meetings be complete and e-mailed to board members within two weeks of the meeting; and 2) that an Excel spreadsheet be established and distributed to each board member on a regular basis that contains a synopsis of motions made, their pass/fail status, and the vote tally.


Mission Statement

August 28, 2008 Muriel Vasconcellos moved that the following Mission Statement of the Board of Directors be adopted as permanent policy of the Villa Portofino Homeowners Association and that it be recorded as such in the opening pages of the Manual of Procedures and that the Mission Statement be published monthly on page 2 of the Portofino Press:

“The Board of Directors of Villa Portofino Homeowners’ Association is committed to earning and maintaining the trust of the Community by abiding by the highest ethical standards, adhering to the VPHA Governing Documents and applicable California Laws, applying the principles of financial solvency, communicating openly, seeking consensus, acting in the best interest of the Majority of the membership, and, insofar as possible, supporting the members’ quest to improve quality of life.”

March 29, 2007 Muriel Vasconcellos moved that the Board adopt the following mission statement: This Board is committed to earning the trust of the community by abiding by the highest ethical standards, adhering to the VPHA Governing Documents and applicable California laws, applying the principles of financial solvency, communicating openly, seeking consensus, acting in the best interest of the majority of the membership, and insofar as possible supporting members’ quest to improve quality of life.


Policy

April 22, 2010 Harry Tennebaum move to re-instate the policy and have all Board members and Committee members sign a Code of Ethics policy.

January 24, 2008 Chuck Dayton moved to approve the proposed policy on email use among Board members (Attachment A).

December 20, 2007 Foster Kimball moved that in the event that a seat on the Board of Directors is vacated, the Board reserves the right to solicit the Association membership, for a period not to exceed three months, for candidates to be considered for appointment by a majority vote of the Board.

March 29, 2007 David Legge moved that all policy decisions taken over the last five years and all future policy decisions shall be recorded in a spreadsheet format to allow the current and future Board members to keep track of Association policy. The Association Secretary shall assume responsibility for bringing this document up to date and maintaining it.

Training

March 29, 2007 Muriel Vasconcellos moved that the Board undergo Board member training within 45 days, as long as the cost does not exceed $1500.00, and that the training is repeated once a year, open to all homeowners, with funding budgeted each year.


Budget Reserves

May 26, 2011 Lorraine Cooper moved that all requests for transfer of reserve funds be approved by the Board at open session board meetings.

September 29, 2005 Jeff Zimmerman moved to remove “fence replacement” as a reserve item in the reserve budget.

PolicyApril 26, 2007 Karen Harris moved that repairs and maintenance be

done only within the budget, regardless of homeowner complaints.


Common Areas Clubhouse Fees

November 29, 2007 Muriel Vasconcellos moved to approve APS’s suggestion to keep clubhouse rental deposit checks in the VPHA office to be cashed in case of damages and holding the homeowner of the lot responsible if the check does not clear.

September 6, 2007 Bob Schweizer moved that clubhouse deposit checks be mailed immediately to APS for deposit and that refund checks be issued by APS.

July 20, 2000 Thomas Hammond moved to modify the clubhouse fee schedule to raise the rental fee from $30 to $50 for the initial 3-hour period and to raise the fee for additional hours from $10 to $15, effective immediately.

RulesMay 28, 2009 Bob Dalgleish moved that smoking in common areas be

prohibited.


Rental Agreement


March 26, 2009 Brad Lawhorn moved that the Clubhouse Rules be amended as follows: (1) VPHOA will accept money orders or cash only, (2) $50.00 for the first three hours, (3) A $20.00 per hour charge will be applied for each additional hour (exceeding 3 hours) or any portion thereof and (4) a $100.00 per hour charge will be applied if the Clubhouse is not vacated by 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.

March 26, 2009 I. RESERVATION REQUIREMENTSA resident Homeowner/Tenant, age 21 or over shall: Submit an Application with a “Use of the Facility” fee at least 7 work days prior to the rental period.FEES: Submit Two Payments: One for the deposit and One for the “Use of Facility” fee.

1. $200.00 refundable deposit, money order of cash2. Clubhouse rental includes the use of the Kitchen3. And the Restrooms4. Rental fee for the Clubhouse is $50.00 for the 5. first three (3) hours6. $20.00/hour, or any portion thereof, over

scheduled time7. $50.00 for each infraction of the Rules8. $100.00 charge if premises are not vacated by 9. 10:00 p.m. Sun – Thurs. & 11:00 p.m. Fri and Sat.

Provide a Copy of owner liability insurance at least 7 work days prior to the event.Pick up you Key Packet no later than close of business on the last business day prior to your rental period.Applications must be approved by the Association’s Customer Service Representative or by the Manager.II. RULES AND CONDITIONSThe Homeowners and/or Person Responsible for the Group shall agree to abide by the following:

1. Remain in the Clubhouse during the rental period, limiting activities to the interior of the Clubhouse.

2. Ensure guests conduct themselves appropriately while on VPHOA property.

3. Enforce the NO SMOKING policy in the Clubhouse.

4. Maintain a noise & music level that does NOT disturb neighbors; reducing the noise level if asked.

5. Admit only invited guests and those with Office business into the Clubhouse.

6. Prohibit animals in the Clubhouse.


7. Assure that Association furniture, pictures, and decorations remain in the Clubhouse and that staples are not used on Clubhouse walls.

8. Refrain from “for profit activities” unless they are for charitable causes.

9. See that motor vehicles do not come on common area ground.

10. Provide a minimum of one chaperon, at least 21 years old, per 6 children aged 0 – 6 or one chaperon, at least 21 years old, per 8 children aged 9 – 17.

III. CLUBHOUSE CLEAN UP AND VACATING THE PREMISES – The Homeowner or person in charge shall agree to:

1. Vacate the premises by 10:00 p.m. (Sun – Thurs) and 11:00 p.m. (Fri & Sat).

2. Be responsible for any damage to the Clubhouse, its contents or the grounds (All damages to be noted on the check out form)

3. Return all Association furniture and equipment to the location where it was found; vacuum the carpet; clean the counters, tables, chairs and floors; remove all food and trash from the premises.

4. Close all windows; ensure the heater and air conditioner are off; ensure that the stairwell light and the light in passageway are left on; lock the doors between the Clubhouse and the pool.

5. Return Key Packet to Office on the next business day.

September 6, 2007 Karen Harris moved to amend the clubhouse agreement to match the rules listed in the CC&R’s.

June 28, 2007 Karen Harris moved to add a sentence to section IIIA, as follows: Those who fail to vacate the premises as agreed will be charged an administrative fee of $50.00 per hour or each part thereof.

January 26, 2006 The Board voted to amend the clubhouse rental agreement to include a $150 fee if the remote control is lost or broken during a rental.

May 26, 2005 Rick Sedgwick moved to purchase a replacement cart at a cost not to exceed $125, and to add a clause to the clubhouse rental agreement that states that homeowners renting the clubhouse will be assessed a $250 fine if the cart is missing after the event.


RulesJuly 27, 2006 Rick Sedgwick moved that, with three months’ notice, a

homeowner’s clubhouse rental supersede any free social event.


Committees Meetings

March 26, 2009 Foster Kimball moved that the Board no longer determine/decide the date of committee meetings with the exception of the Architectural Committee.

March 26, 2009 David Legge moved that the Architectural Committee will now meet on the second Tuesday of each month.

November 29, 2007 Muriel Vasconcellos moved to post signs at the four entrance island for Board Meetings and Special Meetings only, and to limit sign posting for committee meetings to the clubhouse door/windows, with all meetings to be listed in the Portofino Press whenever possible.

May 25, 2006 Rick Sedgwick moved that the Architectural Committee meetings be set at 6:30 pm on the third Wednesday of each month, so that homeowners have the opportunity to make plans to attend.

September 25, 2002 Juli Wilkerson moved that sign boards be posted announcing all committee meetings at least 4 days in advance.


Charters

August 26, 2010 - Foster Kimball moved to approve the following policy for the landscape committee:The Charter of the landscape committee shall be to inspect the landscape. The Committee shall limit its activities to the following:Conduct regular inspections of the landscape; similar to the architectural inspections.Compile a list of areas that need attention, such as: bare roots, low hanging tree limbs, trees that are touching roofs, irrigation damage, miss-directed sprinkler heads and potential tree root problems that undermine sidewalks and house foundations.Present the inspection list to the General Manager.The General Manager shall determine if the inspected items are within the landscape contract.The general manager shall determine if the remaining inspection items need to be acted upon.The Committee shall re-inspect discrepant areas that have been authorized by the Work Orders and report the status to the General <Manager and the Board.

September 23, 2010 Karen Harris moved to re-instate the previous Landscape Charter that was in effect prior to the August Board Meeting. Pamela Tangonan seconded the motion. Thomas stated the motion could not be made due to the “4 month rule”, made by a prior Board. This documentation was not available for review and it was requested this information be provided to the Board for further review and discussion. The motion passed with four members in favor (Karen Harris, B.J. Juleson, Allen Besselievre and Steve LaRue), two members against (Thomas Hammond and Lorraine Cooper) and one abstention (Pamela Tangonan).


October 28, 2010 Foster requested that a caption be placed at the bottom of the motion made by Karen Harris at the September 23, 2010 Board Meeting regarding the Landscape Charter. The caption should state: The motion to change the landscape charter is invalid because the motion is in violation of Roberts Rules of Order, which states: “A motion for reconsideration may be brought only by a director who was on the prevailing side of the vote. Directors on the losing side of the vote or who did not vote at all may not bring the motion.”


Day Care Policy

February 28, 2008 Muriel Vasconcellos moved that to ensure the safety of children, protect VPHA against liability, and safeguard the right of residents to the quiet enjoyment of their property, all daycare providers in Villa Portofino shall:

Be registered with the VPHA office; Submit a copy of the insurance policy that covers

their daycare business, with a minimum coverage of $1 million;

Sign a statement that they will refrain from using common area amenities for children under their care unless they are insured for liability;

Closely supervise the children under their care at all times; and

Sign a statement that they have read and will respect Article VI, Section .4, of the CC&Rs, which states: No noxious or offensive activity shall be carried on upon any Lot or any part of the properties, nor shall anything be done thereupon which may be, or may become, an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment [by] each of the owners of his respective dwelling unit, or which shall in any way increase the rate of insurance.

Further, if an appropriate insurance policy is not presented, daycare providers may not use the common area for children under their care. Failure to abide by this requirement shall result in revocation of the resident’s privilege to use common area amenities for any purpose whatsoever.


Elections Rules

February 22, 2007 Brad Lawhorn moved to change the election rules to allow the votes to be counted at either a Board meeting or a membership meeting.


Fences Association

October 22, 2009 It was moved to approve the rule changed as published in the September 2009 Portofino Press to use the Timberwolf composite fencing when replacing Association fences.

April 23, 2009 David Legge moved that the Association Manager repair fences as needed, using salvaged materials whenever possible, and to install approximately 1.000 l.f. of composite fence for further study.

December 18, 2008 Foster Kimball moved to adopt the Policy on the Relocation of Association Fences as amended and subject to Board approval.

November 30, 2006 Brad Lawhorn moved to have the Fencing Committee compile a list of repairs to be kept on file in the office, with repairs to accrue until put out for bids.

September 28, 2006 Jeff Zimmerman moved to approve the following specs for VPHA Fences:

1. Posts will be Master Halco (Master Post) set in concrete.

2. All existing concrete on corner post must be removed.

3. Rails will be 2” x 4” x 8’ cedar or redwood, two per section.

4. One 1” x 3” x 8’ cedar or redwood rail will be installed in the center of the fence.

5. Top caps will be 2” x 4” x 8’, 10’ or 12’ cedar or redwood.

6. Trim will be 1” x 6” x 8’, 10’ or 12’ cedar or redwood.

7. No Douglas Fir is to be installed on new or repaired fences.

8. Upon replacement, no fence is to be attached to any structure and prior nail holes are to be caulked.

July 27, 2006 Brian Staples moved to stop any fence repair/replacement until specifications are written and adopted by the Board.

April 27, 2006 Rick Sedgwick moved to build/repair no more fences until approved specs are in place, with Rick Sedgwick and Andy Scheuer designated to prepare specs.


HomeownerSeptember 23, 2010 Allen Besselievre moved to up-date the fence replacement

form to state “maximum height of fence is to be 5’ with the option of a 1’ lattice. The verbiage “without Board approval” will also be added to the end of the paragraph on the form pertaining to the location of the fence lines and trash enclosures.

October 22, 2009 It was moved to approve the rule changed as published in the September 2009 Portofino Press to permit homeowners to use Timberwolf composite fencing when replacing their fences.


Landscaping Trees

December 20, 2007 Foster Kimball moved to remove the mandatory requirement to use an arborist to evaluate trees proposed for removal, and to authorize the property manager to use or not use an arborist at her discretion.

July 26, 2007 Muriel Vasconcellos moved that from now on all proposals for tree removal be reviewed by an independent arborist and approved by the Board, preferably accumulating trees in groups of ten.

April 26, 2007 Muriel Vasconcellos made the following motion:1. Instruct the Landscaping Committee to draft a

scope of work to be performed by an independent registered certified professional arborist, to include the following:

a. Inspect and prepare a report on up to 10 trees that are currently posing hazards or that homeowners have asked to be removed, and

b. Advise the committee on preparing the scope of work and specifications so that VPHA may proceed to solicit bids for an ongoing tree-trimming contract.

2. When the specifications are ready, instruct the office to obtain three bids from a list provided by the Landscaping Committee, with the option of adding any other names of fully qualified candidates.

3. Award a one-time contract for this work, with funds not to exceed $600 to come from the budget for tree maintenance.

4. Entrust the Landscaping Committee with the task of accumulating further lists of trees to be removed and prepare future estimates of needs for an arborist, to be presented to the Board prior to awarding the work.


Manager Authority

January 27, 2011 Karen Harris moved to have the Association pay for the General Manager to attend the CACM classes as specified to obtain the re-certification as certified community manager. The motion carried.

January 27, 2011 Procurement – BJ Juleson made the following motion: The General Manager shall authorize general budgeted maintenance projects under $2,500.00 and shall use only vendors from the Preferred Vendor List. For all budgeted maintenance projects between $2,501.00 and $3,500.00 the Board shall have the option to either request solicitation of bids, or having the project completed by using a vendor from the Preferred Vendor List. For all budgeted maintenance projects over $3,501.00 the General Manager shall obtain minimum of three (3) sealed to be reviewed by the Board at an open Board Meeting. Foster Kimball seconded the motion. The motion carried unanimously.

September 9, 2009 It was moved that the treasurer maintain a $2000 debit card account in the name of Villa Portofino HOA, with signature rights assigned to the appropriate office staff, so that the office staff no longer needs to use their personal credit cards when making phone/internet purchases for the association.

May 28, 2009 Thomas Hammond moved to authorize the General Manager to spend up to $5,000 for previously approved budgeted items without having to obtain three (3) bids in any situation where having to pursue the time consuming exercise of obtaining multiple bids which could jeopardize completing minor repairs in a timely manner.

July 26, 2007 Bob Schweizer moved to allow the Property Manager to hire extra janitorial help on the weekends for a flat fee of $20 to clean the clubhouse restrooms when the clubhouse is rented for multiple parties on the same weekend.

June 28, 2007 Lynne Juleson moved to raise the limit on expenditures that can be made by the property manager from $500 to $1500, conditional on the approval of the Treasurer and two Board members. Bob Schweizer seconded the motion.


DutiesApril 22, 2010 Thomas Hammond moved to authorize the General

Manager to instruct the attorney to conduct background checks on the officers of the Board as well as the office staff.

May 28, 2010 Thomas Hammond moved to task general manager with tracking time allocations of assigned projects for handyman and to validate that such work was accomplished as directed.

January 22, 2009 Robert Schweizer moved that on a quarterly basis the Association property manager shall provide to the Finance Committee a complete list of all revenue and expenditures for each line item of the Operating and Reserve Budgets to ensure that allocations are consistent with those budgets.


Office Fees

July 20, 2000 Thomas Hammond moved to charge a fee of 10-cents per page (single-sided) for copies of documents and plans, effective immediately.

Hours / StaffJanuary 28, 2010 Thomas Hammond moved to conduct employee

performance evaluations on a six (6) month basis.

January 28, 2004 Richard Sedgwick moved to staff the VPHA office for continuity purposes with one person, 9 am to 5 pm, with lunch hour from noon to 1 pm, five days per week, Tuesdays through Saturdays, beginning on March 16.

October 19, 2000 Judy Ward moved to change office hours from 3-7 pm to 2-6 pm, and to close the office on the second Friday of the month to allow staff to prepare Board packets.

KeysAugust 25, 2005 Brad Lawhorn moved that all Board members be given

keys to the office if they request them.

January 28, 2004 Brad Lawhorn moved that all Board members have a full set of keys to the office.


MailSeptember 25, 2002 David Aposporos moved that all official business be

conducted through the office staff via e-mail and US mail, with all e-mail copied to VPHA to be included in the read file. Board members be notified by mail.

ProceduresFebruary 28, 2008 Bob Schweizer moved that any homeowner request that

requires more than two hours of office staff time be approved by a Board member.

March 29, 2007 Brad Lawhorn moved that all VPHA mail be sent to the VPHA office and then forwarded to the management company.

November 30, 2006 Brian Staples moved to disallow processing donations for the gardeners through the VPHA account.

September 29, 2005 Rick Sedgwick moved that (pool/tennis) cards be deactivated 1 week after escrow closes so that new owners come to the office to register and gain access.


Playground Equipment

November18, 2010 Allen Besselievre moved to have the General Manager request a revised proposal for the necessary additional repairs to the playground equipment and to have the repairs completed if revised proposal is under $5,000.00.

Pool Hours

October 28, 2010 Thomas Hammond moved to secure the Main Pool Heaters each year from October 1, 2011 until two weeks prior to San Diego Unified School District Schools begin their Spring Break. Pamela Tangonan seconded the motion. The motion passed with six members in favor (B.J. Juleson, Allen Besselievre, Pamela Tangonan, Foster Kimball, Thomas Hammond and Steve LaRue) and two against (Brad Lawhorn and Lorraine Cooper).

May 20, 2004 Richard Sedgwick moved to open the pool for lap swimming only at 6 am.

KeysJuly 20, 2000 Thomas Hammond moved that the fee schedule for

replacement pool keys be raised from $30 to $100 for each replacement, effective immediately.

MonitorAugust 4, 2005 Brian Staples moved to create a minimum wage, at-will

position for a pool monitor. This employee will monitor entry and verify residency during peak pool hours, as identified by office staff.


RulesOctober 22, 2009 It was moved, in an effort to help reduce expenses, that

the pool heater be turned off each year from November 1st

until two weeks before the city schools begin their Spring Break.

November 29, 2007 Thomas Hammond moved to turn off the pool heater from December 1, 2007, until one week before spring break for the City schools (March 17-21, 2008).

September 24, 2003 Jeff Zimmerman moved to heat the pool year round.

October 19, 2000 Leon Tittle moved to turn off the pool heater from November 15 through March 15.

August 17, 2000 John Baker moved that the Portofino Press print the regulations for pool use, defining “pool enclosure” to mean any area within the wrought iron fence, stating that no food or beverage is to be consumed within four feet of the water, and that no glass is allowed in the pool enclosure.


Portofino Press Policy

December 16, 2010 Foster Kimball moved that Press articles from the Board shall require a consensus of the Board prior to publishing. Articles from individuals shall be so stated.

September 25, 2008 Chuck Dayton moved that all homeowner letters printed in the Portofino Press be preceded by a heading identifying that the letter has been written by a homeowner and that a disclaimer be included stating that the views presented are those of authoring homeowners.

July 27, 2006 Brad Lawhorn moved to have the office staff ensure that the Portofino Press is mailed to homeowners each month, and includes, at a minimum, a draft copy of the minutes of the previous Board meeting, and that such minutes record the votes of each Board member.

June 23, 2005 Muriel Vasconcellos moved to set the following policy for letters to the editor for the Portofino Press: limit of 250 words, subject to space availability; letters can be edited for content and clarity, but would be sent to the author for approval before publication; need to be in electronic format; frequency limited to six letter per year per homeowner, with at least 2 months between letters; letters must be signed.

April 28, 2005 Brad Lawhorn moved to include the complete draft of meeting minutes in each issue of the Press, regardless of expense. He further moved that the minutes include the Executive Session Synopsis from the previous meeting as well as a statement of finances.

October 28, 2004 Muriel Vasconcellos moved to continue with a 4-page format for the newsletter, including a summary of the minutes but no display ads, and to send full minutes separately via e-mail to any homeowner who requests them.


Signs Reality

June 23, 2005 Rick Sedgwick moved to require that all “for sale” signs be placed in front of the house for sale.


Vendors Hiring

December 16, 201 Preferred Vendor List- Foster Kimball moved the Board approve a policy for a Preferred Vendor List as follows: A Preferred Vendors List shall be compiled using the following criteria:

- The Vendor shall have a contractors’ license, liability and workman’s compensation insurance.

- The Vendor shall be an established business with a minimum of 3 years experience in the field of services provided

- The Vendor shall have a list of recommendations- The Board shall vote on Vendors to be included in

the list of Preferred Vendors and remove those who provide substandard services.

- The Preferred Vendors list shall be cross indexed listing Company and Owner names.

- The General Manager shall use the services of those on the Preferred Vendor list.

- The services of those vendors who do not qualify for the Preferred Vendor list can be used with the authorization of the Board.

April 28, 2005 Richard Sedgwick moved that VPHA only hire outside vendors to do any work on the property. The vendor must provide a copy of Worker’s Compensation Insurance before any contract be awarded.


Volunteers Background Checks

March 29, 2007 Muriel Vasconcellos moved that the motion adopted to perform FBI background checks on Board members and committee chairs be amended to delete the word “FBI” and to delete “committee chairs,” and that steps be initiated to proceed with investigations of Board members at this time.

Code of EthicsApril 22, 2010 Harry Tennebaum move to re-instate the policy and have

all Board members and Committee members sign a Code of Ethics policy.

December 18, 2008 Chuck Dayton moved that the Code of Ethics presented at this December 18th Meeting be accepted as amended.

October 26, 2006 Brian Staples moved to adopt the revised Code of Ethics as presented.

December 1, 2005 Jeff Zimmerman moved to rescind the policy of requiring Board members to sign the Code of Ethics that was drafted on May 17, 2001.

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