CC&R Enforcement
Policy and Procedure

Adopted by the Board of Directors April 27 2002 and amended by
Resolution 224 on February 26, 2005

1. Preamble and Policy

This is a guide to members of The Sea Ranch Association (“TSRA”) concerning how compliance with the community standards embodied in TSRA’s Governing Documents is encouraged and enforced at The Sea Ranch. The steps set forth in this guide may be initiated by members to bring a complaint against TSRA or other members, and by TSRA to bring a complaint against a member

The Sea Ranch vision of being a community of persons living lightly on the land is articulated in the opening declaration of The Sea Ranch Restrictions (the “Restrictions”):

It must be assumed that all owners of property within the Sea Ranch, by virtue of their purchase of such property, are motivated by the character of the natural environment in which their property is located, and accepted, for and among themselves, the principle that the development and use of The Sea Ranch must preserve that character for its present and future enjoyment by other owners.

The objectives of The Sea Ranch development set out in the opening declaration of the Restrictions include ensuring “full enjoyment of the historical traditions and the natural advantages of the area”, encouraging “controlled diverse individual expression within the environment”, and “fostering a beneficial land use which retains the unique beauty of the land and creates an atmosphere enriching the spirit of its participants.”

The Governing Documents are The Sea Ranch Restrictions, The Sea Ranch Rules, the Design Committee Rules, the TSRA Bylaws and Articles of Incorporation. Copies of those documents are available for members at the TSRA office. Among the applicable state laws are the Davis-Stirling Common Interest Development Act, California Civil Code Section 1350 et seq., and the Nonprofit Mutual Benefit Corporation Law, California Corporations Code Section 7110 et seq.

Compliance with the Governing Documents is a responsibility of each property owner at The Sea Ranch. Each owner of property at The Sea Ranch is also responsible for violations of the Governing Documents by his or her licensees, including contractors, guests or renters occupying or using the property.

2. Enforcement Procedures

2.1 Report or Referral of Complaint; Initial Staff Efforts to Resolve

2.1.1 To report an alleged violation, use of the complaint form available at the TSRA office is recommended but not required. Once an alleged violation is reported to or observed by a TSRA employee, the appropriate TSRA Department (“Department”) shall be responsible for informing the alleged violator of the complaint and investigating the matter. If the investigating Department finds that a violation appears to exist, it will make a reasonable effort to obtain voluntary compliance.

2.1.2 If the investigating Department determines that a fee or penalty should be levied against a member pursuant to the Schedule of General TSRA Enforcement Fees (“Fee Schedule”), a copy of which is available at the TSRA office, the member may: a) agree to accept the imposition of the fee or penalty, or b) request that the investigating Department refer the matter to the Community Manager.

2.1.3 The investigating Department shall promptly refer the matter in writing to the Community Manager at the members request or if it is unable to resolve the alleged violation. In its referral, the investigating Department will describe the alleged violation and the efforts to resolve it.

2.1.4 If an alleged violation requires immediate attention because it threatens the health, safety or welfare of TSRA, its members, or invitees, any TSRA Department may take prompt remedial action before, during or after investigating the matter, as appropriate. Situations typically calling for such action include:

• Loose Pets. TSRA staff shall pick up loose pets and place them in a holding pen. The owner of the pet shall be identified and notified of the need to pay any holding cost and pick up the pet.
• Unauthorized Parking. Parking on TSRA’s property or common area is restricted to properly authorized vehicles. Authorization must be displayed prominently on the vehicle dashboard, windshield, or hanging from the inside rear view mirror. Vehicles failing to display proper authorization are subject to being towed (California Vehicle Code section 2265.2). Before towing a vehicle, staff shall incapacitate a vehicle with a boot. If the owner or operator fails to claim a vehicle for 24 hours after it is booted, then the vehicle may be towed to the nearest public garage. A person who claims a booted vehicle may obtain release of the boot upon payment of a penalty and an administrative fee specified in the TSRA’s applicable Fee Schedule.

2.2 Community Manager Review and Action

Upon receipt of the written referral from the investigating Department pursuant to section 2.1.3 hereof, the Community Manager shall promptly review the matter and, if the Community Manager finds that a violation appears to exist, make a reasonable effort to contact the alleged violator and to resolve the matter informally. If the alleged violation is not resolved informally in a reasonable time:

2.2.1  Irrespective of whether a fee or penalty is involved, the Community Manager or the member may request that TSRA and the member engage in a dispute resolution process pursuant to section 2.3 hereof (Civil Code section 1363.810 and following).

2.2.2 If a proposed fee or penalty against the member remains unresolved (with or without recourse to the procedure set forth in section 2.3 hereof), the Community Manager shall refer the matter in writing to the Board of Directors (“Board”), describing the alleged violation and the efforts to resolve it, and providing a copy of that referral to the alleged violator by personal delivery or first-class mail.

2.3 Dispute Resolution Procedures (Civil Code section 1363.810 et seq.)

Except for disputes over Design Committee Decisions, the appeal of which are subject to a separate procedure adopted pursuant to the requirements of Civil Code Section 1378, in a dispute between a member or members and TSRA, either party may invoke the following procedure:

2.3.1 The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing and describe the nature of the dispute.

2.3.2 A member may refuse a request by TSRA to meet and confer. TSRA may not refuse a request by a member to meet and confer if the member’s written request describes the nature of the dispute.

2.3.3 Within fifteen days of TSRA’s receipt of a meet and confer request that complies with section 2.3.1 hereof, the Board of Directors shall designate at least one member of the Board to meet and confer with the member.

2.3.4 The member, the designated Board member(s) and the Community Manager or other staff person shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute.

2.3.5 A resolution or proposed resolution of the dispute shall be memorialized in writing and signed by the parties, including the Board designee on behalf of TSRA.

2.3.6 An agreement reached under this section binds the parties and is judicially enforceable if both of the following conditions are satisfied: 1) The agreement is not in conflict with law or the governing documents of The Sea Ranch Association and 2) The agreement is either consistent with the authority granted by the Board of Directors to its designees or the proposed agreement is subsequently agreed to by the Board of Directors.

2.3.7 A member of the association may not be charged a fee to participate in the process.

2.4 Board of Directors Review and Return or Action

Upon receipt of a written referral from the Community Manager pursuant to section 2.2.2 hereof regarding an alleged violation that is unresolved, the Board Of Directors in its discretion may resort to any remedy, or combination of remedies, available to it under the Governing Documents or applicable law including: (1) directing the Community Manager to enter upon any private or project area to take an enforcement or remedial action pursuant to the Restrictions, subsection 5.05(a); (2) returning the matter to the Community Manager for further efforts to resolve it; (3) terminating the enforcement process as to the alleged violation; (4) authorizing the Community Manager to serve upon the alleged violator a request for alternative dispute resolution (“ADR”) pursuant to California Civil Code subsection 1354(b); (5) scheduling the matter for a meeting of the Board or a committee of Board members (“Committee”; California Corporations Code Section 7212) to consider or impose discipline against the alleged violator pursuant to California Civil Code subsection 1363(h), and/or requesting the member to engage in the dispute resolution procedure set forth in section 2.3 hereof.

2.4.1 Entry Upon Area to Take Enforcement Action

The Board may direct the Community Manager “to enter upon any private area or project area for the purpose of enforcing any and all of the provisions” specified in subsection 5.05(a) of the Restrictions “or for the purpose of maintaining and repairing any such area” if the owner “fails to maintain and repair as required” (Restrictions, subsection 5.05(a), and relevant sections cross-referenced therein).

2.4.2 Return

If the Board returns the matter to the Community Manager for further efforts at resolving it, the Community Manager, after making such efforts, may refer the matter back to the Board or take other actions authorized by the Board.

2.4.3 Termination

If the Board terminates the enforcement process, it shall instruct the Community Manager to so notify the alleged violator in writing.

2.5 Alternative Dispute Resolution (“ADR”)

If the Board so authorizes, the Community Manager may take action pursuant to California Civil Code section 1354 and either serve on the alleged violator a written Request for Resolution, pursuant to California Civil Code subsection 1354(b), calling for either binding or nonbinding ADR, or initiate a civil action. It is expected that ADR typically will be pursued against alleged violations relating to matters within the jurisdiction of the TSRA Design Committee (see, e.g., TSRA Restrictions, Section 3.02).

If compliance remains unresolved after the above request for resolution process has been pursued, the Community Manager, with Board authorization, may file a civil action to enforce the Governing Documents, pursuant to Section 1354 of the California Civil Code. In such a civil action, the Civil Code provides that “the prevailing party shall be awarded reasonable attorney’s fees and costs” (subsection 1354(f)).

2.6 Board Imposed Discipline

If the Board, pursuant to California Civil Code subsection 1363(g), schedules a meeting of the Board or a Committee of Board members to consider or impose discipline, it shall notify the alleged violator in writing, by either personal delivery or first-class mail, at least 15 days prior to the meeting. If a monetary fee is imposed, it shall be in accordance with a schedule of fees previously adopted and distributed to each TSRA member by personal delivery or first-class mail.

3. Reservation of Other Rights and Remedies

Nothing in the enforcement policy and procedure shall be deemed to limit any other rights and remedies that the Board or a member of TSRA may have under the TSRA Governing Documents or applicable law.

To access a copy of The Sea Ranch Association CC&R Compliance Request Form, click here.

Last Updated: 03/19/07