August 2000

Signs

A sign will soon go up in the area of the jacuzzi calling attention to an often-ignored rule in our Rules & Regulations, namely, that no alcohol be consumed in the pool or spa area. Those who empty trash receptacles in the immediate area find a dozen-or more- beer cans each week. The latter, incidentally, go to a good cause- they're collected and given to the Humane Society on Sherman St. But, please, soda cans only.

Garden Hoses

Recent landscape walks reveal that residents are not keeping their garden hoses out of sight. Exemptions are granted to those whose units face the canyon. But note our Rules manual calls for these to be kept in hose saddles. Please comply if you are a canyon resident.

Going to the Dogs

Once more, your Board needs to stress that dogs need to be kept on leash whenever they are in the Common Area. Putting a leash on your animal and then allowing him to run free is not acceptable. Remember that there are those who live in Villa Monterey who are afraid of dogs. Your telling them that your pet doesn't bite is not at all reassuring. Then, too, it is often harder to clean up after and animal who "covers" the greenbelt.

Opportunity

Landscape walks are being held by your Board on the 4th Wednesday of the month, beginning at 2pm. This July it will be held on the 26th. Everyone is welcome to join the Landscape Committee as it tours the "wild side." Meet at the Rimpark Lane Clubhouse. On a recent walk, those present had a chance to see that our red gum eucalyptus which grow along the rim of the canyon have been infested with "lerp psyllid." And those in the know speculated that they may have been infested, as well, with the eucalyptus long-homed beetle, a tree killer. In all, some 200 to 300 trees are involved. The Landscape Committee faces a real challenge.

On Your Calendar

On Saturday, October 9th, beginning at 7pm The League of Women Voters will host a discussion of upcoming election issues at our clubhouse. The event is free and everyone is welcome.

Please!

Note that our Rules manual prohibits bicycling on the HOA sidewalks. Near misses of cycles and walkers have been all to common of late.

Keep in Mind

Some confusion as to just who may rent our clubhouse can be resolved bya a reading of our Rules' manual. The latter indicates that the facility is available to residents social purposes. All other uses must have the approval of t:he Board, which, incidentally, has approved a revised rental agreement. The latter indicates that the rental of the clubhouse does not include the use of the pool and jacuzzi.

July 14, 2000

Dear Homeowners:

At the recent Annual Meeting, questions arose on whether the individual homeowner is covered under the Master Insurance Policy for owner-related plumbing repairs or damages, specifically, slab leak repairs or damages suffered from a slab leak in, an individual unit. While the governing documents for the Association indicate the individual owner has responsibility in this case, there may be coverage under the Association's Master Insurance Policy. A legal opinion on this issue has been obtained and is available for any homeowner who requires it. Please contact Curtis Management Company to request your copy.

The CC&R's address the Association's responsibilities to maintain the external material condition of the Community, plus the facilities and landscaping owned in common. The attorney's legal opinion points out we are, in fact, a Planned Unit Development. This means you own your home and the ground it sits on.

Further, the Civil Code, section 1364, provides in part,

"Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, or maintaining the common areas, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use areas appurtenant to that separate interest"

Therefore, flowing from the preceding legal concepts, it is the Board of Directors' business judgment that the insurance carried by the Association is meant to address the responsibilities of the CC&R's and property owner in common by the Homeowners.

This determination means that in your unit the insurance you carry should include slab leak damage repair. Please discuss your insurance coverage with your insurance broker. This should be done on an annual basis to see that you have adequate protection.

The homes are now more than twenty years old and a number of slab leaks have been reported. The review of your policy should therefore not be delayed.

Your Board of Directors would like to thank the owners who raised this question at the Annual Meeting.

The Board of Directors