The Copper Cove Association election of board members may be not be able to be certified at the annual meeting Thursday November 7th. The association’s election rules requires that 510 members cast their votes in order to meet the legal quorum. If less than 510 members cast votes then the election will continue and will not be certified at the annual meeting.

As of Tuesday afternoon only 470 votes had been cast which is 40 votes short. The office expects more votes to have been mailed in the last few days and a few more may be brought to the meeting. If you haven’t voted please bring you ballot to the office or the annual meeting on Thursday of this week.

We will be notifying members via email and social media on the numbers of ballots we have received by late Wednesday afternoon. If the requirement is not me then the association can do no business and another meeting will be held to count the ballots. The election is being coordinated by Ballot Box Inc, an independent third party firm that oversees HOA elections. The board and staff of the Copper Cove Association have NO oversight responsibility.

Governor Gavin Newsom has just signed more laws that can and will impact Homeowner Associations including ours. The laws reduce the authority of local government and homeowner associations to deal with land use. The Davis Stirling website provides a great summary. Click here. 

Recently one of our association members, Art Roberts, shared a summary of the impact of these laws he found online. He provided our members a real service. One of the goals of the legislature is to increase more affordable housing plus housing for the homeless. One vehicle the legislators believe is the conversion of garages into legal living spaces. These new California Laws trump HOA CC&Rs.

Here is the text of the analysis provided by Art that analyzes the impact of the law.

To increase affordable housing in California, Governor Newsom signed Assembly Bill 670 into law. The legislation encourages owners to convert their garages into living spaces and build small accessory dwelling units (ADUs) in their back yards as low-income rentals. Gov. Newsom also signed a number of companion bills to facilitate the construction of ADUs: •AB 68 reduces barriers to ADU approval and construction.

•AB 587 provides an exemption for affordable housing organizations to sell deed-restricted land to eligible low-income homeowners.

•AB 671 requires local governments to encourage and expedite ADU rentals and requires the state to develop a list of state grants and financial incentives for affordable ADUs.

•AB 881 restricts local jurisdiction permitting criteria so ADUs will receive streamlined approval if constructed in existing garages.

•SB 13 lowers application approval times and provides a mechanism to get unpermitted ADUs up to code. Effect on Associations. The legislation voids any restrictions in governing documents that prohibits the construction of ADUs. Townhomes with garages and single-family planned developments will face significant challenges complying with the new laws. Garage conversions and backyard ADUs will exacerbate parking problems, increase the burden on existing amenities, impact rules enforcement, and complicate security.

RECOMMENDATION: Contractors are already advertising their services to convert garages and build backyard ADUs. Our firm is developing guidelines for associations we represent so they can cope with the impact this legislation will have on communities. The laws take effect January 1, 2020. We recommend all associations start revising their architectural guidelines and rules & regs in anticipation of the new requirements. Boards can contact us for assistance preparing guidelines.

Board Meeting Discussion – We have a board meeting Thursday night and we have asked Doug Oliver, the Chief Building Official of Calaveras County, to discuss the impact of these new laws.

We are now in the process of electing a new Copper Cove Association Board of Directors. Regardless of who is elected, the new board will need consider obtaining expert counsel to protect the property rights of our members. This will include an assessment of the current CCA CC&Rs and the protection they provide our members from the growing regulations and controls placed on our properties by the state of California.

Mary Braly, chair of the Copper Cove Association Equestrian Committee, has been appointed by the CCA Board to fulfill the remaining year of the term of Ryan Oatts. Mary, 53, has lived in Copperopolis for 25 years. In addition to her volunteer work here she trains horses professionally.

She brings to the board a wealth of experience in management. She has managed Braly Wood Working for many years with responsibility for marketing, sales, customer relations, finance, and human resources. The firm worked throughout Northern California and Nevada building custom woodworking. She describes herself as an entrepreneur who wants to listen and learn in her position on the board.

Mary grew up in the Santa Clara Valley attending local schools and college. She and her husband Hugh have two children. Her son Hugh Conar Braly graduated from the United States Naval Academy this spring and is now in training as a Marine Aviator. Her daughter Alexis Jade Braly graduated this year with a degree in economics from the University of California Irvine.

“This association is fortunate to have a new director in Mary Braly with such deep professional experience but also with a quarter century commitment to this community.” declared Jack Cox, the CCA President.

Bert has experience working with board of directors and management while with Co-op Markets of Palo Alto and in other positions. He began his career in 1970’s at the Great Oaks Water Company. The company provides water to thousands of residents in southern Santa Clara County. In this position he had contact with consumers and the company’s operations.

He also has extensive experience in running grocery stores in both northern and southern California. His management experience will be a real asset to the association. Welcome aboard Bert!

The new election will be handled by an independent firm that conducts HOA elections. The firm is Ballot Box. Information on the company can be found by clicking here.  The firm “ensures an impartial and fair result as the designated Inspector of Elections. The Ballot Box offers complete election administration service, including attending the meeting, counting ballots and much more. We provide services for any matter which needs to be voted on by the community’s membership.”

On August 20 there will be a new mailing to solicit candidates for the new election. Candidates in the cancelled election can refile to run. A new form has been created that solicits background information on the candidates so that members know something about their background and reason to serve on the board.

New ballots will be mailed to members in late September providing adequate time for the nomination and election processes. The tentative date for the Annual Meeting is November 7. The association will be charged no costs for the initial, cancelled election.

Finally, please discard any ballots you may have received. They will not be counted and are invalid.

The Election  –  Cc&R/Bylaw Project  –  HOA Management

Special Report on Copper Cove Association Board Meeting

As a volunteer Board of Directors and members of Copper Cove Association, we have worked over the last two years to improve the association’s operations and facilities building on the hard work of other association boards. This Thursday night we met and took action on some vital issues which we are pleased to report to you as members:

• 2019 Election
• CC&R/By Law Project
• Facts on Management and Budgeting

2019 Election

Due in part to problems with the mailing of ballots to members by our vendor, the CCA Board will meet next Monday to discuss and act on cancelling the current election and the beginning of a new election process. This cancellation will include a new solicitation of candidates for the three director seats on the board beginning next week.  Current candidates may apply as well as others interested in serving the HOA during the next 45 days. The new ballots will be mailed approximately October 2.

The annual meeting certifying the election would tentatively held on November 7. This calendar is consistent with the election rules of the association.  Ballot Box Services will mail, collect, and certify the election independently.

CC&R/By-Law Project

Over the years, various CCA Boards considered updating the documents that have governed the association since 1969. Late last year the board undertook a project to create draft documents which would begin the process of updating our half century old CC&Rs and By Laws. We retained a law firm with expertise in HOA legal documents and issues. We instructed them not to include stringent narrow rules that overly limit our members use of their property. The firm produced a detailed updated set of draft governing documents.  The goal was always to conduct workshops with members to get their input The total cost for all of the legal work done so far is $6,323, not the $15,000 as posted on social media.

The draft documents can be used the basis for future CC&Rs and By-Laws. We agree with the legitimate concerns voiced by members the documents prepared by the law firm included language that was overly regulatory and inconsistent with our life style here in Copper. At the directive of the Board, a special committee was chosen independently, by a draw, to review the draft documents and provide to the Board of Directors their suggested By-Laws and CC&Rs. That committee continues to meet.

Action –  The process to revise the documents will move forward but with a change.  On Thursday night  night the board voted to cancel the contract with the law firm that provided the draft set of documents. They will be doing no further work on the documents now. The next Copper Cove Association Board of Directors with the help of the advisory committee can edit and change the proposed changes and they can be submitted by the new board to the membership for ratification. That new board can decide if they want to seek legal expertise in the creation of the final document.

Management

Recently there has been some misstatement of fact regarding the spending of the association for its General Manager (GM). A statement was made online and in one board candidate’s statement falsely reporting our GM is being paid $109,000. That is totally incorrect.

It is correct the association budgets $109,000 for the management costs including the manager’s compensation, accounting services, reserve analysis, management consulting and services to members. The cost for the General Manager including compensation, health insurance, social security and other costs related to his employment is $65,760.  This about 12% of the association’s annual budget.  At the same time, our manager is being training to become a qualified HOA General Manager capable of handling all of our day to day operations. We have not had such support previously.

Summary

 Homeowner Associations are governed by volunteer members who try, by and large, try to do the best job they can and often with no previous management of an HOA or even a nonprofit institution. All of this occurs with state laws becoming more complex.

The current Copper Cove Board has attempted to improve the association while addressing legitimate concerns. Did we encounter problems? Absolutely and one of the biggest was the effort to recast the half century old governing documents of the organization. The board also attempted to professionalize management to provide continuity from board to board with a new management consulting firm.

In the past two years working together with members the association accomplished a lot including:

• Permanently repaired the boat launch ramp
• Retained a full time General Manager for the association.
• Established a state-of-the-art web site that can be managed by staff and not paid consultants.
• Expanded direct member communication through email adding more members to email list reducing the need for costly newsletters.
• Improved the Kiva and Black Creek Park with park beautification and a new HVAC system for Black Creek Park
• More activities for members
• Expanded effort to crack down on nuisances and criminal activity working with local agencies including Sheriff, Code Compliance, and Animal Control.
• Cut Insurance Cost for members wanting to use HOA facilities
• Reduced length of meetings

These are just some of the accomplishments in the last several years. At the same time, it is incumbent on the Board of Directors to address problems which we have done. All members will be receiving shortly a mailing with information on the election which seeks candidates for the three open seats.  Later this year there will be a new board in place that will continue to move the association along and we will wish them well.

Calaveras County has changed the speed limit signs on Little John Road north of Copper Cove Drive. A speed monitoring trailer will be installed and the California Highway Patrol is initiating enforcement.

The sign changes on Little John Road are:

(1) The “END 45 MPH” sign has been removed and “SPEED LIMIT 45MPH” sign was installed on existing post along southbound Little John north of Quiver.

(2)  “END 45 MPH” sign was installed on a new post along southbound Little John south of Copper Cove.

(3) A “45 MPH” sign has been installed on Little John in the northbound direction north of Copper Cove.

The Copper Cove Association is providing this information to members in New Melones as a public service.

According to MyMotherLode.Com, “On Tuesday, Clarke Broadcasting checked in with Water Board spokesperson Dr. Keith Bouma-Gregson, a lead environmental scientist for the agency. He provided a status report on the latest samples, which were taken Aug. 1. The testing occurred during a boat tour with government officials and environmental health staff from Tuolumne and Calaveras counties, and Water Board and Bureau of Reclamation personnel.”

The story noted that on July 26 that the State Water Resources Control Board “issued an initial caution advisory about a potential harmful algal bloom (HAB) of cyanobacteria in the Middle Fork of the Stanislaus River upstream of the New Melones reservoir.”   The announcement followed July 24 water samplings drawn at the Parrotts Ferry Bridge, the confluence with Rose Creek, and at the up-river log-jam. Subsequently, caution signs were posted from the Tuttletown boat ramp all along the river to Camp Nine and the log jam.

For the complete story click on this link. 

The motto for the Boy Scouts is Be Prepared. Living here in Copperopolis we need to ask ourselves are we prepared for a fire?

More information is available on Cal Fires special website with specific guidelines. Click here to view it

Stay Informed – CopperCove.Org is now carrying hourly updates of MyMotherLode.com. You can also log on to the Cal Fire Website by clicking this link.  This link will provide access to all active fires in California.

The board is soliciting comments by the members and plan several workshops where members can provide ideas and thoughts about the final documents to be submitted for a vote.  The first workshop will be June 6^th. One or more workshops or more will be held. The board plans about three months of member comments and contributions . The vote will not be held until Mid-Fall.  The Board plans regular monthly meetings with notice to members.

Also, members can email Aaron Green, the Association Manager, with specific suggestions.

The DRAFT documents were never to be submitted for a vote by the members but the ones reviewed and discussed by members will be.