CalVilla Bylaws

I was just sent a copy of the bylaws by a tenant. I only ran OCR on them, so I’m not sure if there is any identifying information here, so I made a locked category for our TU work.

Let’s use this thread to discuss the bylaws.

CVE Bylaws.pdf (726.7 KB)
CVE Bylaws.Quorum.1.pdf (28.5 KB)
CVE Bylaws.Assessment.1.pdf (26.5 KB)
CVE Bylaws.Assessment.pdf (25.6 KB)
CVE Bylaws.Quorum.pdf (26.9 KB)

Common Area:

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Unit

This is what I think it is saying, let me know if you disagree: In each building, each owner individually owns their specific Unit. The Condominium Plan defines and separates these individually owned Units from the Commonly Owned areas. Each “Unit” is the part of a Condominium that is owned exclusively by an individual owner, not shared with the other owners.

The boundaries of each Unit are defined by the unfinished interior surfaces of its perimeter walls, floors, ceilings, and trim. This means that things like paint, carpet, and other interior finishes are part of the Unit and the responsibility of the unit owner. The Unit also includes interior and exterior of windows and doors, including frames, glass panes, and screens that are part of the unit.

Since the garages seem to not be owned by any single individual Unit, it seems like they would fall under Commonly Owned criteria, but we need the Condominium Plan to be sure.

Condominium Plan and Declaration

We don’t have access to these two documents right now. If anyone is able to contact the County and see what we need to get these, please leave a reply here. If someone can visit them in person, that would probably be best.

The Condominium Plan outlines what each unit is. The HOA would be responsible for everything outside of that.

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What is the HOA responsible for

I believe HOA would be responsible for all “Commonly Owned” areas. If we can convince Code Endorsement the cockroach issue is more of a Common Area issue and less of a per unit problem, I believe we could make that responsibility fall upon the HOA.

Section 8.1.11 Association Property says that the HOA is responsible for “deal with real and personal property of the Association,” subject to provisions in the Declaration. And also 8.2.4 Reserve Funds. Not expend funds designated as reserve funds for any purpose other than the maintenance, restoration, repair, or replacement of, or litigation involving the maintenance, restoration, repair, or replacement of, major components which the Association is obligated to maintain, restore, repair, or replace and for which the reserve fund was established

Other notes

  • Anyone can be a proxy for a HOA Member. Which means that tenants can take the place of sympathetic Unit owners who may not be able to make it.
  • Once we get this cleared up, we should make a 1 page flyer and just share it around the neighborhood.

Tasks

  • Get a copy of the Condominium Plan and the “Amended Declaration of Covenants, Conditions, and Restrictions of Cal-Villa Estates Homeowners Association.”
    – The ladder was recorded in the Office of the County Recorder of San Joaquin County, so we need to contact/visit them to get a copy
  • Once we get a copy of those, we can confirm whether the garages are the Unit Owners or the HOA’s problem.
  • The County documents may clarify this further, but it seems clear that a widespread cockroach problem originating in the “Common Areas” would fall under the HOA’s responsibility. At the very least, they would be obligated to work with the Unit Owners to address the issue.

Here’s a copy of the Condominium Plan and the Declaration of Covenants, Conditions, and Restrictions of Cal-Villa Estates Homeowners Association (but this does not look like the most up to date one?)

CalVilla Docs Converted v2.pdf (21.8 MB)

@collectivestruggle
Here are google docs with the text. The parts with the maps are messed up so you can just delete those parts.