|
Here are the updated
(April 18) Club Donatello Rules and Regulations:
THE
CLUB DONATELLO OWNERS ASSOCIATION
Rules and Regulations
WELCOME to the Club Donatello, San Francisco's finest
Proprietary Interest Association.
The following are the most frequently asked questions (FAQ’s) about the Rules &
Regulations established by the Club Donatello Owners Association and its
Board of Directors for the benefit of all our Proprietary Interest Owners.
The Club Donatello Owners Association Rules & Regulations are encompassed
within the scope of these questions and answers, and supplement the
Declaration of Covenants, Conditions and Restrictions
("CC&R's") for Proprietary Interest Ownership (the
"Declaration"), but do not change your obligations as an Owner
under either the Declaration or the other Governing documents.
The Rules & Regulations may be amended from time to time by the Board of
Directors of the Association with 30 days advance notice provided to all
Owners so that there is a reasonable opportunity for input to any such
changes prior to any final action for implementation by the Board of
Directors.
You are fully responsible for your families, your Guest's, and your own
compliance with the Rules and Regulations, as this will permit the
Proprietary Interest ownership program to operate effectively. Any failure by
you, or any of your Guests, to fully and properly comply with the Rules &
Regulations may result in the suspension of your rights and privileges as an
Owner, and/or the imposition of monetary fines.
We sincerely hope that no such action will ever be
necessary as part of your ownership experience with the Club Donatello Owners
Association.
DEFINITIONS
To assist you in understanding the Rules &
Regulations, the legal terms used in the Declaration have been dispensed with
here in favor of the question and answer format and plainer language.
If there is any conflict between any of the following
provisions or the Rules & Regulations and any provision of the
Declaration, however, the provisions of the Declaration shall control.
REGULAR TIME
RESERVATIONS
1.
For each Proprietary Interest Unit ("PIU") I own, how many
nights/days of use am I entitled to?
You are entitled to reserve seven (7) nights/days for each PIU you own,
within the Anniversary Year, which is based on the recording date of your
Grant Deed of ownership. This does not include Bonus Time, which is discussed
in more detail below. A sample of a PIU Grant Deed is at the end of this
section marked "Exhibits" and is shown as Exhibit A.
2. What is my
Anniversary Year?
It is the one-year period, which occurs each year beginning on the date
your original deed to your Proprietary Interest was recorded. For example, if
your Proprietary Interest Deed is recorded on July 10th, your Anniversary
Year will be July 10th of the current year through July 9th of the following
year. This is the period of time in which you need to either use your time at
the Club Donatello or "bank" or "exchange" your PIU time.
The banking and exchange process is discussed in more detail on page 9.
3. If don't use all 7 nights in my
Anniversary Year period, may I carry over the unused nights to the next
Anniversary Year?
No. However, there are options for you to
consider in your planning of use during your Anniversary Year, and through
the various exchange companies affiliated with the Club Donatello, the
banking, exchanging and/or splitting of time can be accomplished. The
responsibility for making and following through on all such arrangements is
exclusively yours. The Club Donatello Reservations Team is available to
assist you in exploring these arrangements. The earlier in your Anniversary
Year that you start that process, the greater the likelihood that you will be
able to make good use of your Club Donatello time.
4. Do I have
to make a reservation in order to use a Unit?
Yes. You can contact the Club Donatello Reservations
Department at anytime at the telephone numbers of 1-800-258-2366, or (415)
885-8809, or send an E-mail or FAX Reservation Request Form to (415)
885-8886. Mail requests are to be sent to: Club Donatello Reservations
Department, 501 Post Street,
San Francisco, CA
94102 or an
E-mail Reservation Request Form to: reservations@clubdonatello.org,
or go to the Club Donatello WEB site at: www.clubdonatello.org and
click on Reservations. Club Donatello Team Members are available in the Club
Reservations Department in the Lower Lobby between the hours of 8 AM – 6 PM during Monday - Friday.
A sample of a completed Reservations Request Form is shown in the
"Exhibits" section marked as Exhibit B.
Your reservation request needs to state the following:
(a) Your arrival and departure
dates
(b) The number(s) of people in
your party and their name(s)
(c) The requested bed
configuration(s) - king, twin/full, sofa with sleeper, rollaway bed
(d) Non-smoking or smoking room
If you are making a reservation request for another person(s), you need to
provide their names, address(es), telephone
number(s) and E-mail address of such person(s).
5.
May I request a specific Unit in the 45 rooms of the Club Donatello?
Yes, based on availability. You will be assigned a Unit by
the Club Reservations Team based on availability of units. If you do have a
preference for a particular Unit, and/or bed configuration, including some
rooms with sofa beds to accommodate more people, or adjoining rooms, or a non-smoking/smoking
room, please let the Club Reservations Team Member know this at the time of
your initial reservation request, they will make every effort to accommodate
you based on availability.
6. May
I provide the Club Donatello in advance with a desired profile of my Club
Room amenities, such as location and types of beds or similar accommodation
requests?
Yes. Based on availability, you can let us know at anytime
in advance if you usually prefer a king-sized bed or 2 double separate beds,
any additional sleeping requirements (rollaway bed/s, sofa sleeper, cribs) a
smoking or non-smoking room, being close to the elevator for ease of walking
distance, South side or North side of the building.
If this profile of Club Room amenities is one which you would like us to put
into the Owner's computer file as a standard request for you, please let us
know at the time of giving us this information, and we will store that
information for all future reservations requests.
7. How much
advance notice must I give for my reservation request?
A reservation request for Regular Time must be received less than one
year in advance of the first night of the requested reservation. Any requests
received earlier than one year in advance cannot be considered, as that is in
advance of your Anniversary Year eligibility.
As reservation requests are confirmed on a first-come, first-served basis and
availability for the dates requested, the more advance notice you give, the
more likely it is that you will receive the reservation time requested.
8. What might
prevent me from obtaining a confirmed reservation?
A Unit might not be available at the time you are seeking because that
same time was previously reserved by other Owners, or scheduled
maintenance/repairs may be taking place in certain Club Rooms. If you seek a
reservation for a period of time, which starts at least 1 week after your
request is received, you will have priority over
requests for other Owners requesting Bonus Time. If you seek a reservation
for a period, which starts less than 1 week after your request is received, then your reservation request and any Bonus Time requests
will both be treated on a first-come, first-served basis. Your reservation
request will not be confirmed nor will occupancy of a Unit be permitted if
you are delinquent in the payment of any amounts owed to the Association, or
your use rights have been suspended by the Board.
9. How will I
know if my reservation request has been confirmed?
Reservation requests will be confirmed either by mail,
or by telephone, FAX or E-mail In any case, you will receive a
"Reservation Confirmation Number", and you are responsible
for keeping this information and bringing it with you when you check-in for
use of your reservation at the Front Reception Desk of the Donatello.
No reservation request will be honored unless you have a written or
electronically documented confirmation number, and/or your reservation has
been confirmed with you by the Club Donatello Reservations Department.
10. Do I have to reserve a whole week at a
time?
No. You may
make a reservation request for an entire week, or you may request a
reservation for amounts of days/nights less than a week, and for I night at a
time.
This is one of the unique and very attractive benefits of being a Club
Donatello Owner.
11.
If I do not reserve all of my 7 nights/days consecutively, may I make
a subsequent reservation request for my unused
time?
Yes. If you do not reserve all of your 7
nights/days consecutively in one reservation request, you may make one or
more reservation requests for the balance of your time. Except for weekend
use (which includes either a Friday or Saturday night, or a Sunday night if
part of a holiday weekend), you may have more than one reservation outstanding
at a time. For weekend use, you may have only one reservation request
outstanding within your Anniversary Year, as the period of time you purchased
for the 7 days/nights includes only 1 weekend. If reservation requests for
weekend use exceed availability, the Club Donatello Reservations Department
will give preference to those Owners who have not yet secured a weekend
reservation.
12.
Is there a penalty for cancellation of a reservation?
You may cancel your reservation, without penalty, by giving personal, or telephonic/electronic notice to the Club
Reservations Department at least 72 hours prior to the Cheek-in Time (3 PM) of the first day of your
scheduled reservation arrival. If you do not cancel your reservation at least
72 hours prior to the Check-in Time (3
PM) of the first day of your scheduled reservation arrival, your
account will be charged. Your
Owners Regular Time account will be charged for the entire time for which you
made the reservation, unless another Owner, Exchange Guest, or paying Guest
is able to use the time during one or more days of the reservation, in which
case, you would only be charged for the number of days that the Unit is not
actually used during the time that you had reserved.
Obviously, if you need to cancel a reservation for any
reason, it is very important that you stop in, call, FAX, and/or E-mail such
communications to the Club Reservations Department as soon as possible. If
this cancellation occurs earlier in your Anniversary Year cycle, it is
somewhat easier to try and reschedule you for use of your Regular Time during
the balance of your Anniversary Year. However, if such cancellation occurs
later in your Anniversary Year cycle, it becomes increasingly difficult to
try and reschedule you for use of your Regular Time during the diminishing
balance of your Anniversary Year.
Please remember
that you may not accrue or carryover unused time from one Anniversary Year to
any other Anniversary Year.
BONUS
TIME RESERVATIONS
Subject to availability, and the administrative discretion of the Club
Management, you may be entitled to reserve and occupy a Unit during one or
more additional time periods beyond your Regular Owners Time. This is known
as Bonus Time.
Weekend and/or Weekday Bonus Time may be available only if time has not been
reserved by other Owners eligible to reserve Regular Time or Bonus Time, and
you have used all of your Regular Time amount.
All Bonus Time reservations require a credit card guarantee to be provided at
the time of the reservation confirmation to cover the required charges for
use of Bonus Time, and/or any penalties in cases of late cancellations as
described further in the questions and answers below.
1. How do I
request Bonus Time?
Subject to availability and a confirmation that you have used all of your
Regular Time, you may telephone, FAX, E-mail, mail, or stop by the Club
Donatello Reservations Department with your reservation request for use of
Bonus Time. The same information requirements for making a Regular Time
reservation request are needed (see #4, on page 2.)
2. How much
advance notice must I give?
A reservation request for Bonus Time must be at least more than 1 week
prior to the first night/day of the requested visit, as any such requests
less than 1 week prior to the first night/day cannot be considered. However,
there are times when less than the required 1 week period of time is
permissible and you may call the Club Reservations Department, and check to
see if there have been any late cancellations. Based on any such last minute
availability, this may enable you to be placed on the On-Call Waiting List
for possible use of Bonus Time.
3. How will I
know if my Bonus Time reservation request has been granted?
Bonus Time reservation requests are confirmed on a first-come,
first-served basis. Bonus Time reservation requests will be confirmed by the
Club Reservations Department in the same manner as for Regular Time
reservation confirmations. (Please see #9 on page 4)
4. Is there a
limit on the number of nights/days of Bonus Time use?
No. Bonus Time cannot be guaranteed for more
than two (2) consecutive nights. Subject to availability, an Owner may
request that a confirmed Bonus Time reservation be extended for additional
and successive one (1) day/night periods (from Check-Out Time on the last day
of the original reservation or any extended Bonus Time period to Check-In
Time on the next succeeding day), provided such request is made not more than
24 hours in advance of Check-in Time on the date sought for the extension.
5. Does Bonus
Time affect any other benefits/policies regarding use of time at the Club
Donatello?
Yes. While using Bonus Time, valet parking charges are at
the regular posted rates for the Donatello Garage, and are not at the Regular
Time discounted rate. However, the 10% discount for food and beverages in the
Zingari Ristorante and Lounge on the 2nd floor and the 20% discount for
beverages on the Club 1500 level are still in effect upon proper presentation
of your Club Donatello Gold Owners Card during Bonus Time use.
6. Can other
Guests occupy my reserved Unit during my Bonus Time?
Yes, if you accompany them personally and they are occupying the Unit
with you for the duration of the Bonus Time reserved.
No, they may not occupy the Unit without your presence for the duration of
the Bonus Time reserved.
7. Is there a
charge for Bonus Time use?
Yes. You will be charged a daily maintenance
fee rate plus any incidentals or purchases you may make within the Donatello
while you are here. This daily maintenance fee is just for Owners and is
subject to change by the Board of Directors from time to time.
8.
What does the Club Donatello do with the maintenance fees generated from
Bonus Time?
All such maintenance fees from Bonus Time usage are deposited monthly
into the Operating Account of the Association to assist in defraying the
overall operating costs of the Association, and this assists in keeping the
Annual Dues to Owners down.
9. Other than
availability, what might prevent me from securing a confirmation of a Bonus
Time reservation?
Your Bonus Time reservation request will not be confirmed if any one of
these following conditions exists:
(a) you have not used all of your Regular Owners time; (b) you are delinquent
in the payment of any amounts owed the Association; or (c) if your Owner's
rights have been suspended by the Association.
10. Is there a
penalty for cancellation of a Bonus Time reservation?
No. If you cancel your Bonus Time reservation at least
72 hours in advance of the scheduled Check-in Time (3 PM) of the day reserved for arrival.
Yes. If you cancel your Bonus Time reservation less than 72 hours in advance
of the scheduled Check-in Time (3 PM) of the day reserved for arrival, unless
we are able to have another Owner or paying Guest occupy the room for the
same amount of time of your original reservation. The penalty in this case is
that your credit card will be charged the daily Bonus Time maintenance fee for
the total number of Bonus Time nights/days that you originally reserved, less
any days that we are able to fill the room for the amount of time of your
original reservation.
OTHER
GENERAL RULES & REGULATIONS
Check-In and
Check-Out Times
1.
At what time may I Check-In to my reserved Unit?
Check-In Time is after 3 PM,
and is dependent on the Unit being fully ready for your arrival. If for any
reason your reserved Unit is not available immediately after 3 PM, you are advised to either
wait in the Club 1500 area where complimentary tea and coffee are available,
or in the Donatello Lobby area, or you may check-in your bags which will be
secured for you in the Bell Captain's Closet area until you return.
2 At what time
must I Check-Out of my reserved Unit?
Check-Out Time is before 12:00
noon. Any requests for
extension of Check-Out Time are to be made either at time of Check-in, or as early as possible during your stay, and
requires approval of Club Donatello Management in advance. Should circumstances
develop that involve a possible delayed Check-Out, you are required to
contact the Club Management Team Member on duty and request approval for any
such delay, and it may or may not be granted depending on the schedule
required for cleaning and preparing the Club Room for the next Owner/Guest to
be checked in.
3. Are there
any other Check-In or Check-Out procedures to follow?
Yes. You are required to present a valid credit card to
the Front Desk for purposes of securing payment of Personal Charges incurred
by you during your stay. If you do not have a credit card, then a minimum
payment of $100 per day of your scheduled reservation period will be required
as deposit at time of Check-In.
Any delay or failure to Check-Out at the scheduled time
and/or at the request of the Club Donatello Management will result in an
additional daily room charge of no less than $200, or the loss of one Regular
Time day from your Owners account, if same is available in your Owner's
unused balance of Regular time for your current Anniversary year, plus any
costs incurred by the Club Donatello in accommodating other Owners/Guests due
to your failure to Check-Out as required.
Occupancy and Damage
1. Could I be
prevented from occupying my Unit?
Yes. You may be denied occupancy of your Unit if there is
any problem with the Housekeeping or Engineering & Maintenance required
for your Unit, though such matters usually result in minor delays for
Check-in as compared to a complete unavailability of your Unit. In such
situations, an alternative room within the Club Donatello or possibly the
Hotel Donatello can usually be obtained for you for the same period of time.
However, if you are not current in the payment of any amounts owed to the
Club Donatello, or if your Owner's rights have been suspended by the CDOA
Board of Directors, you would be prevented from occupying your Unit.
2. How many adults and/or children may occupy my
Unit?
The maximum allowable occupancy for a Unit is three (3) adults, or two
adults and two children (both must be under the age of 16). Rollaway beds are
available for placement in your Unit for a daily service fee, and are to be
requested at the time of your initial reservation. Based on availability of
certain Club Room units, one additional adult and/or child may be accepted at
no additional per person charge, though applicable charges for additional
rollaway beds will be made.
3. What if any
damage and/or loss to my Unit or any of its contents are discovered at time
of Check-in?
You are required to report any such damage and/or loss to your Unit or
any of its contents as soon as possible after Check-In by notifying the Club
Donatello Housekeeping Department. They will come and inspect your Unit
thoroughly at that time and prepare the necessary report for your signature
so that no charges may be made against your account if you did not cause the
damage or loss.
Any damage or loss to your Unit or to any of its contents, which is not
reported promptly by you after Check-in, will be charged to your account as a
Personal Charge. Damage or loss includes any smoking in a non-smoking room or
on a non-smoking floor. Any such violations will include a billing of
Personal Charges to the offending party(ies) of at least $350.00 to cover the necessary costs
such as, but not limited to, fumigation, shampooing and special deodorizing
and cleaning of fabrics and all substances requiring treatment. Additional
costs, which may be incurred by the Association, will also be billed and
collected from the offending party(ies).
4. May I
redecorate my Unit or move any of the furniture?
No. You are not permitted to make any
decorating or structural changes within your Unit, inclusive of moving or
removing any furniture, wall hangings, lamps, equipment, floor coverings,
draperies/sheers, or any of the contents of the Unit. You are not permitted
to make any decorating or structural changes in any other areas of the
Donatello building. Any requests for movement of furniture must be made to
the Club Housekeeping Department and they will respond as quickly as possible
and evaluate such requests depending on safety and related risk management
factors for the Club Donatello. Any decisions made by the Club Housekeeping
Management to move or not move furniture is to be considered as a final
decision and may not be unilaterally modified by Owners or Guests. These
requirements apply equally to your Guests who may be staying or visiting
within your Unit or within the Donatello building.
5.
What happens if l locks myself out of my Unit or lose
my Unit key?
The Club Management and Hotel Management have a passkey to all 45 Club
Donatello units. In case of emergency, please contact the Front Desk
immediately for assistance, and Club/Hotel Team Members may enter your Unit
to respond to the emergency. If you are unaware of the emergency entry to
your Unit, you will be notified as soon as is reasonably possible regarding
the purposes of entry to your Unit.
Banking
Exchanging/Trading Owner Time
1. How may I
"bank" and exchange/trade my Club Donatello Regular Time for use in
other resorts?
The Club Donatello Owners Association is currently
affiliated with several different exchange companies, and this is to provide
you with more flexibility for use of your Regular Time.
The organizations involved are separately listed on our
WEB page at www.clubdonatello.org, in our Guest Services books in each of the
45 Club rooms, and on a separate information sheet that can be provided to
you at anytime via e-mail, FAX, or mail, or in person when you are at the
Club Donatello.
You may choose to work with any one of these, or all of
them, the choice is yours.
If you wish to bank your Regular Time and exchange/trade
it, please consult the specific directory of information that each of these
companies will provide to you upon completion of your membership with them.
Each of them have some similar rules and procedures for
banking, exchanging/trading of time, and they also have some differences as
it relates to flexibility of uses of this type of timeshare exchange,
including splitting of time, and the types of resorts with which they are
also affiliated in different parts of the world.
There is a charge for your membership in these
organizations and for various trading/exchanging transactions so you should
investigate each of them and determine which one is going to work best for
you.
The Club Donatello does not in anyway control or manage
any of the operations of these companies. The Club Donatello Reservations
Department works with all of these organizations and can also answer many of
your questions based on our experiences over the 23 years that the Club
Donatello has been in operation.
Enforcement and
Amendment of Club Donatello Rules & Regulations
1. Are the Rules
and Regulations subject to change?
Yes. The Board of Directors may amend the Rules &
Regulations from time to time to recognize market factors,
changes/improvements in operations, technology influences, changes in
ownership needs and expectations, and a variety of additional factors that
may require them to be amended.
You will be notified of any changes usually through an
E-mail notice sent to your latest known E-mail address, and posted on the
Club Donatello WEB Page at www.clubdonatello.org, and/or separate mailings to
you.
2. How are the Rules and Regulations enforced?
The CC&R’s and Bylaws authorizes the Board of Directors to require
that all Owners and their Guests adhere to all of the requirements set forth
in the Rules & Regulations, the CC&R's and the Bylaws. To assist the
Board of Directors in the enforcement of the provisions of these documents,
the Board has delegated certain enforcement authority and responsibility to
the Club Management Team.
Any Owner and/or Guest who has been advised by a representative
of the Club Management Team that they are in violation of the Rules and
Regulations and/or the Declaration will immediately be required to cease and desist that activity.
If any Owner and/or Guest, after being notified by a Club Management
Team representative that they are in violation of the Rules and Regulations
and/or the Declaration, fails to fully comply with the Club Management Team
representative's direction, the matter will be referred to the
Board-appointed Committee (CC& R's, Bylaws & Rules) for consideration
of the assessment of penalties and any other related action that may be
required against the Owner.
The Owner against whom such action is to be taken has the
right to appear before the Board at its next regularly scheduled meeting to
contest such action, as provided for in the Bylaws and the Declaration.
Operational
Rules & Regulations
Housekeeping
The
three (3) hour period between Check-Out Time and Check-in Time is reserved
exclusively for the cleaning, inventory checking, repairing and maintaining
of all the 45 Club Units. Upon your arrival to your Club Room, you will find
your Unit fresh and clean and fully prepared for your use. Thereafter,
housekeeping services will be provided on a daily basis as is required for a
first-class hospitality environment.
Year-Round Club Donatello Use
As an Owner in good standing, you may use the Club Donatello
facilities at any time during the year, which includes the Club 1500 area,
and this is in addition to your Regular Time or Bonus Time. You are required
to operate in compliance with all Club Donatello and Hotel Donatello Rules
and Regulations whenever you are in the Donatello building.
Club 1500 & Fitness Center
Area
As an Owner in good standing, you may use the Club and Fitness Center located on the 15th floor
between the scheduled hours of operation, which are generally from 7 AM - 10 PM. All persons residing
within your Unit are extended this privilege at no additional charge, as long
as they are registered Guests. You may arrange to use the Fitness Center
with outside Guests, provided that you pay the required fees and accompany
such Guests and remain with them in the Fitness Center
area.
You and members of your immediate family may also use the Fitness Center
when you are not residing at the Club Donatello, provided that no more than
two (2) persons at one time do so. If you are a Corporate Owner, your use of
the Fitness Center may be restricted to two (2)
designated users per day during periods when officers or employees of your
corporation are not in actual residence at the Club Donatello. The
Association reserves the right to establish additional rules regarding such
corporate use to avoid overuse of the Fitness Center by non-resident
corporate officers and employees, including the establishment of minimum
periods (e.g., monthly, quarterly, etc.), during which designated users may
not be changed.
Animals/Pets
No animals or pets
of any kind are allowed in any Unit or upon any portion of the Club Donatello
or the Donatello building. Exceptions may be made for seeing-eye dogs, only
when such arrangements are made in advance at the time of making the initial
reservations. However, the responsibility for care and cleaning up after the
seeing-eye dog, and any expenses associated with such care while in the Club
Donatello, remains the complete responsibility of the Owner and/or Guest, and
will be billed and collected from the Owner/Guest accordingly.
Soliciting
No commercial or personal soliciting is permitted, whether within a
Proprietary Interest Unit or the common area, at any time by any Owner,
Guest, Exchange User, Team Member, or member of the general public.
Parking & Valet
Services
Parking and Valet services are provided on a
space-available basis in the parking structure located on the lower floors of
the Donatello. This is provided at a discounted rate to Owners in good
standing during their Regular Time use only. Parking is limited and is shared
among all occupants.
The Club Donatello has a guaranteed right to a percentage of these parking
spaces. However, if parking demand exceeds availability, with respect to the
guaranteed spaces, overflow parking may be available. If the garage is
completely full, you will have to park in one of several public parking facilities
in the vicinity of the Donatello at your own expense.
If you park within the garage during a time not included in your Regular Time
period, such as Bonus Time, you will be charged the regular posted public
parking rate. Applicable parking charges are subject to change.
Your Guests/Family
Members
You may permit another person(s) to occupy your Unit
during your Regular Use period, without charge by the Club Donatello,
however, all such time will be charged to your Owner's Regular Use account.
You may invite others to share occupancy of your Unit during your Regular
Time, provided that the maximum allowable occupancy limit for the Unit is not
exceeded. This is to ensure conformance with all fire/safety and building
code occupancy limitations, and the preservation of appropriate peace and
quiet for all other adjoining and/or adjacent Club Room occupants.
You may not permit another person(s) to occupy your Unit during Bonus time,
unless they occupy the same Unit with you, including overnight stays. You may
have Guests join you in your Unit during Bonus time, provided that the
maximum allowable occupancy limit for the Unit is not exceeded, as noted for
Regular Time use above.
The Club Donatello Reservations Department will not give access to your Unit
to anyone else without written permission from the Owner in whose name there
is a confirmed reservation.
If you intend for a person(s) other than yourself to use your Regular Time,
or to accompany you during your Regular Time, you must inform the Club Donatello
Reservations Department of this prior to your Check-In, including the
name(s), address(es), E-mail address(es), and telephone number(s) of such person(s).
At time of Check-In under these arrangements for someone else to use your
Regular Time, your Family/Guests will be required to provide proof of
identification, sign a standard Donatello Registration Card and provide the
standard credit card authorization to cover all expenses associated with
their stay.
A.
ELECTIONS,
BALLOTS AND MAILING RULES
(1)
When required by law, elections regarding assessments legally requiring a
vote, election and removal of Members of the Association board of directors
or amendments to the governing documents, shall be held by secret ballot in
accordance with the procedures set forth in these Rules.
(2) Only Members of the Association in
good standing may vote in an election. A Member’s good standing shall be
determined as of the record date as established by the Board of Directors for
each such election and voting meeting.
(3) Members of the Association may
cast one (1) vote on each of the matters to be voted upon. Units owned by
more than one (1) Member may cast only one (1) vote.
(4) Ballots and two pre-addressed
envelopes with instructions on how to return ballots shall be mailed by first
class mail or delivered by the Association to every Member not less than
thirty days prior to the deadline for voting. In order to preserve
confidentiality, a voter may not be identified by name, address, or unit
number on the ballot. The Association shall use as a model those procedures
used by California counties for ensuring confidentiality of voter absentee
ballots, including all of the following:
a) The
ballot itself is not to be signed by the Member but is to be inserted into a
sealed envelope. This envelope is then to be
inserted into a second envelope that is
then to be sealed. In the upper left hand corner of the second envelope, the
Member shall
print and sign his or her name and unit
number.
b)
The second envelope shall be addressed to the Inspectors of Election,
who will be tallying the votes. The envelope may bemailed or delivered by hand to a location
specified by the Inspectors of Election. The Member may request a receipt for
delivery.
(5) Only ballots received by the Inspectors of Election prior to the
close of the polls shall be treated as a Member present at a meeting for
purposes of establishing a quorum for the conduct of the election.
(6)
All votes shall be counted and
tabulated by the Inspectors of Election in public at a properly noticed open
meeting of the Board of Directors or Members. Any candidate or other Member
of the Association may witness the counting and tabulation of the votes. No
person, including a Member or an employee of the Association, shall open or
review any ballot prior to the time and place at which the ballots are opened
and tabulated. The Inspectors of Election may verify the Members signature
and information on the outer envelope prior to the meeting at which the
ballots are tabulated. Once a secret ballot has been received by the
Inspectors of Election, it shall be irrevocable.
(7)
The date and time for the closing
of the polls shall be designated in the notice of election given to the
Members. Ballots must
actually be
received by the Inspectors of Elections no later than the designated poll
closing time to be counted.
(8) The tabulated results of
the election shall be promptly reported to the Board of Directors of the
Association and recorded in the
minutes of the next meeting of the Board and shall be made
available for review by Members of the Association. Within fifteen days of
the election, the Board of Directors shall
publicize the results of the election in a communication for all Members.
(9) The sealed ballots shall at
all times be in the custody of the Inspectors of Election or at a location
designated by the Inspectors of
Election until after the tabulation of the vote and the time allowed
for challenging the election has expired. At that time custody of the
ballots shall be transferred to the
Association.
(10) After
tabulation, election ballots shall be stored by the Association in a secure
place for no less than one year after the date of the
election. In the event of a recount or other challenge to
the election process, the Association shall, upon written request, make the
ballots
available for inspection and review by Association Members
or their authorized representatives. Any recount shall be conducted in such
a way as to preserve the confidentiality of the vote.
(11) Except for the meeting to count the votes required by section (3),
an election may be conducted entirely by mail.
B. PROXIES.
A proxy is a written authorization signed by a Member that gives
another Member the power to vote on behalf of the Member in any matter upon
which the Member may cast a vote. Proxies may not be used for voting on
matters involving election or removal of Directors, on matters involving
Assessments and/or Special Assessments as proscribed in the CC&Rs, Article V. Because these Rules permit absentee voting
by Members it is anticipated that the use of proxies for most Owner voting
purposes will be minimized.
(1) Who May Serve As A Proxy? A proxy holder must be a Member of the
Association. Members can only designate another Member to vote in the place
of the Member.
(2) Proxies Must Be in Writing and Signed by the Member. A proxy must
be in writing and contain the signature of the Member. “Signature” shall
include "the placing of the Member's name on the proxy (whether by
manual signature, typewriting, fax transmission or e-mail attachment, or
otherwise) by the Member.
(3) Revocation of Proxy. Once a secret ballot is received by the
Inspector, any proxy that any Member has given to another Member to cast the
Member’s vote cannot be revoked.
(4) Proxies Shall Not Count Towards a Quorum for Voting. A proxy
shall not be considered in determining whether there is a quorum of Members
participating in an election.
(5) Delivery of Proxy. The proxy shall be
delivered to the Inspectors of Election. Written instructions from the Member
to the proxy holder directing the proxy holder to cast the Member’s vote
shall not be delivered to the Inspectors of Election. The Inspectors of
Election shall furnish a duplicate of the Member’s secret ballot and two
envelopes for the proxy holder to use to cast the Member’s vote by secret
ballot.
C. INSPECTORS OF
ELECTIONS
1) The Board shall select
three independent third parties as Inspectors of Elections at least 30 days
prior to the Annual Owners Meeting or any Association meeting requiring a
vote by the Owners.
2) An independent third party
may be a member of the Association, but may not be a member of the Board, or
a candidate for the Board, or related to a member of the Board or a candidate
for the Board. One person who is currently employed by or under contract to
the Association for any compensable services shall be considered to be an
independent third party and is expressly authorized to act as an Inspector.
3) Inspectors of Election shall do all of
the following:
a. Determine the number of
Members entitled to vote.
b. Determine the authenticity, validity and effect of
proxies, if any.
c. Receive ballots
d. Hear and determine all challenges and
questions in any way arising out of
or in connection with the right to vote.
e. Count and tabulate all votes.
f. Determine when the polls shall close
g. Determine the result of the election.
h.
Perform any acts as may be
proper to conduct the election with fairness to all Members in accordance
with all applicable rules of the Association regarding the conduct of the
election
4) Inspectors
of Elections shall perform their duties impartially, in good faith, to the
best of their ability, and as expeditiously as practical. With three
Inspectors, the decision or act of a majority shall be effective in all
respects as the decision or act of all.
D. CONDUCT OF ELECTIONS
(1) If any candidate or member
advocating a point of view is provided access to Association media,
newsletters, or Internet Web sites during a campaign, for purposes that are
reasonably related to that election, equal access shall be provided to all
candidates and members advocating a point of view, including those not
endorsed by the board, for purposes that are reasonably related to the
election. The Association shall not edit or redact any content from these
communications, but may include a statement specifying that the candidate or
member, and not the Association, is responsible for that content.
(2) If an election is being
conducted in a common area meeting space the Association shall reasonably
make such space available during a campaign, at no cost, to all candidates
and to all members advocating a point of view for purposes reasonably related
to the election.
E. ELECTION OF
DIRECTORS.
(1) Nominations of Candidates
for Director. Candidates shall be nominated for election as a Director of
the Association by (a) a nominating committee appointed as provided by the
Bylaws; or (b) by any Member of the Association nominating any other Member,
including himself or herself, including the Member.
Only Members who meet the qualifications proscribed by the Bylaws are
eligible to be nominated and elected as a Director of the Association.
(2) Expenditure
of Association Funds Not Permitted. No Association funds shall be
expended to support the election of any person or persons as a Director,
except
a) Information materials identifying candidates
by name only for the Board contained in any general mailing to the Members
announcing the time and place of the meeting of the Members at which the
election will take place, and
b) If the Board elects to permit
additional information concerning candidates for election as a Director in
any such general mailing all candidates for election as a Director and any
Member(s) shall be given the opportunity to submit a written statement to be
included in such general mailing communicating a candidates
qualifications and reasons for candidacy.
Each candidate shall be entitled to have a written
statement or statements concerning his or her candidacy or any reasons for
his or her candidacy made by him or by any Member up to a maximum of one
hundred (100) words for each candidate. Such written statements shall be
submitted to the Association at least five (5) working days in advance of the
printing deadline to ensure including in the general mailing. The Association
shall not edit or redact any content in any written statement. The mailing
shall include a statement specifying that the candidate or Member, and not
the Association, is responsible for the content of the statement.
(3) Availability
of Association Mailing List to Candidate. Upon reasonable request, the
Association shall make available to any Member, at a reasonable cost, the
names and addresses of Members as shown on the current mailing list used by
the Association to communicate their qualifications and reasons for candidacy
to the Members and to solicit votes. No mailings shall be
made after the time announced for the return of ballots
(4)
Director Candidates May Speak at Election Meeting. At any meeting at
which an election for Directors is to be conducted the Chairman of the
meeting shall permit all candidates to speak for a reasonable period of time
on any subject reasonably related to the election prior to the closing of the
polls. No campaign signs or other written materials advocating the election
of any person as a Director may be displayed at the meeting place or within
fifty (50) feet of the meeting place.
DESCRIPTION
OF INTERNAL DISPUTE RESOLUTION PROCEDURE
Civil
Code Section 1363.850
1. This Policy applies to a dispute between the
Association and a Member involving their rights, duties, or liabilities under
the Davis-Stirling Act, under the provisions of the
Corporations Code relating to mutual benefit corporations (commencing with
Corporations Code Section 7110), or under the Associations governing
documents.
2. Either party to
a dispute within the scope of this Article may invoke the following
procedures:
A) The party may request the other party to
meet and confer in an effort to resolve the dispute. The request shall be in writing.
B) A Member of the Association may refuse to
request to meet and confer. The Association may not refuse a request to meet
or confer
C) The Association’s Board of Directors shall
designate a Member of the Board ora qualified Agent
to meet and confer.
D)
The
parties 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.
E)
A
resolution of the dispute agreed to by the parties shall be memorialized in
writing and signed by the parties including the Board designee on behalf of
the Association.
A Member of the Association will
not be charged a fee to participate in the process.
ALTERNATE
DISPUTE RESOLUTION - (Summary of Civil Code 1369.510 – 1369.590)
Sections 1369.510 to 1369.590 of the Civil Code require
that before Owners and Associations file lawsuits against each other for
declaratory relief or injunctive relief in connection with a claim for money
damages under $5,000 or for enforcing the Associations governing documents,
the filing party shall endeavor to submit the dispute to Alternative Dispute
Resolution (ADR).
Forms of ADR include mediation, negotiation, and binding
or nonbonding arbitration. This provision does not apply to the filing of a
cross-complaint.
The ADR process is initiated by one party serving a
request for resolution upon the other parties to the dispute. The request
must include (i) a brief description of the dispute,
(ii) a request for ADR, (iii) a notice that a response must be received
within thirty (30) days or it will be deemed rejected, and (iv) a copy of
Civil Code Sections 1369.510 to 1369.590.
If the individual receiving the request agrees to ADR, the
process must be completed within ninety (90) days unless otherwise extended
by agreement. The cost of ADR is to be paid by the participating parties. If
a civil suit is filed, the filling party must submit to the court a Certificate of Compliance indications the party has
complied with the requirements of Sections 1369.510 to 1369.590. Failing to
do so would be grounds for challenging the lawsuit.
Although the prevailing party is entitled to reasonable attorneys fees and costs, the court may consider a party
refusal to participate in ADR when making the award.
A description of the Associations internal dispute
resolution process, as required by Civil Code Section 1363.850, is attached.
Note: Failure by any Member of the Association to comply
with Alternative Dispute Resolution requirements of Civil Code 1369.520 may
result in the loss of your rights to sue the Association or another Member of
the Association regarding enforcement of the governing documents or the
applicable law.
CDOA - ASSESTMENT
COLLECTION POLICY
Because the Association is responsible for managing,
maintaining and repairing the common areas, timely payment of assessments is
extremely important to the operations of the Association. Owner’s failure to
pay assessments when due creates a cash-flow problem for the Association and
disrupts operations. As a result, the Board has adopted the following
policies for the collection of delinquent assessments.
Assessment Due Date.
Regular assessments are payable annually in one installment due on the 1st
day of December. Billing statements are sent as a courtesy. Special
assessments shall be due and payable on the due date specified by the Board
in the notice imposing the assessment.
Delinquent Assessments. Any
assessment not paid when due shall become delinquent on the Delinquency date
(“the Date of Delinquency”), which is January 1st of each year.
Late Charge. Delinquent
payments of assessments will be assessed a late charge of 10% of the amount of the delinquent
payment of the assessment, if the assessment is not paid within 31 days of the Date of
Delinquency. A late charge will not be imposed more than once for each
delinquent assessment payment.
Any assessment not paid by the first day after the Date of
Delinquency will accrue interest at the rate of twelve percent (12%) per
annum, commencing with the Date of Delinquency, until paid.
Liability for Collection Costs.
All late charges, interest, attorney’s fees and collection costs incurred by
the Association will be added to the Owner’s account and will become the
liability of the Owner.
Enforcement Rights.
Assessments are the separate debt of Owners. In addition to any other rights
provided for by law or described in the Association’s CC& R’s, Bylaws or
other governing documents, the Board has the right to collect delinquent
assessments as follows.
1.
File Suit.
The Association may commence and maintain a lawsuit directly on the debt
without waiving its right to establish a lien and initiate foreclosure
against the Owner’s Unit for the delinquent assessments. In any action to
collect delinquent assessments, late charges or interest, the prevailing
party will be entitled to costs and reasonable attorney’s fees. If such costs
and fees are awarded to the Association, they will become a reimbursement
special assessment against the Owner. (If authorized in the CC& R’s)
2.
Lien and
Foreclosure. The Association may file a lien against the Owner’s Unit
for the amount of the delinquent assessment, together with any late charges,
interests, cost, attorney’s fees and penalties. The Association, through it’s Board, may bid on the Unit at the sale, and may hold,
lease, mortgage, and convey the acquired Unit.
3.
Additional
Remedies. The remedies described above are in addition to and not in
substitution of any other rights and remedies the Association may have.
Lien and Non
Judicial Foreclosure. Upon any installment becoming delinquent and
prior to the recordation of a lien, the Association will use the following
procedures:
1.
Notice of Delinquency. A notice will be mailed
to the Owner via regular and certified mail to pay the account in full or a
lien will be recorded against the Owner’s property. Included in the notice will
be:
A copy or summary of this
collection policy:
The method of calculation of the
amount owed;
A statement that the Owner has
the right to inspect the Association records, pursuant to Section 8333 of the
Corporations Code;
An itemized statement of the
charges owed by the Owner, including items on the statement which indicate
the amount of any delinquent assessments, the fees and reasonable costs of
collection, reasonable attorney’s fees, any late charges and their method of calculation,
and interest, if any;
A statement that the Owner shall
not be liable to pay the charges, interest, and the costs of collection, if
it is determined the assessment was paid on time to the Association; and
Recording of
Lien. If the Owner fails to bring the account current, a lien will be
recorded against the Owner’s property.
Notice of Lien. Within
ten (10) days following recordation of the lien, a copy of the lien will be
mailed to all Owners of the record for that property as provided for in
Section 2924b of the Civil Code.
Foreclosure.
Thirty (30) days following recordation of the lien, foreclosure will begin.
In lieu of foreclosure, or concurrently, a lawsuit may be filed against the
Owner personally if the Board concludes such action is in the best interests
of the Association.
Returned Checks.
Returned checks are subject to a service fee.
No Offsets
Allowed. As required by law, Owners may not offset payment of their
assessments for any reason.
Crediting
Payments. Any payment received will be credited to the outstanding
balance in the following order: special assessment, reimbursement special
assessments, regular assessments, monetary penalties and fines for Rules
violations, late charges, attorney’s fees and costs, and interest.
Attorney’s Fees.
If a lawsuit or foreclosure action is initiated by the Association to recover
assessments, the Association is entitled to recover not only the amount in
default but also reasonable costs of collection, including title company
charges and attorney’s fees as provided for the statue as well as the
Association CC& R’s, Bylaws or other governing documents.
NOTICE OF
ASSESSMENTS AND FORECLOSURE
The statutorily required Notice of Assessments and
Foreclosure is as follows:
This notice outlines some of the rights and
responsibilities of Owners of property in common interest developments and
the Associations that mange them. Please refer to the sections of the Civil
Code indicated for further information. You may wish to consult a lawyer if
you dispute as assessment.
Assessments become delinquent 15 days after they are due,
unless the governing documents provide for a longer time. Failure to pay
Association assessments may result in the loss of an Owner’s property
thorough foreclosure. Foreclosure may occur either as a result of a court
action, known as judicial foreclosure or without court action, often referred
to as non- judicial foreclosure. For liens recorded on and after January 1,
2006, an Association may not use judicial or non- judicial foreclosure to
enforce that lien if the amount of the delinquent assessments or dues,
exclusive of any accelerated assessments, late charges, fees, attorney’s
fees, interest, and cost of collection, is less that one thousand eight
hundred dollars ($1,800).
For delinquent assessments or dues in excess of one
thousand eight hundred dollars ($1,800) or more than 12 months delinquent, an
Association may use judicial or non- judicial foreclosure subject to the
conditions set forth Section 1367.4 of the Civil Code. When using judicial or
non- judicial foreclosure, the Association records a lien on the Owner’s
property. The Owner’s property may be sold to satisfy the lien if the amounts
secured by the lien are not paid. (Sections 1366, 1367.1, and 1367.4 of the
Civil Code). In a judicial or no- judicial foreclosure, the Association may
recover assessments, reasonable costs of collection, reasonable attorney’s
fees, late charges, and interest. The Association may not use non- judicial
foreclosure to collect fines or penalties, except for costs to repair common
areas damaged by a Member or a Members Guest’s, if the governing documents
provide for this. (Sections 1366 and 1367.1 of the Civil Code) The
Association must comply with the requirements of Section 1367.1 of the Civil
Code when collecting delinquent assessments. If the Association fails to
follow these requirements, it may not record a lien on the Owner’s property
until it has satisfied those requirements. Any additional costs that result
from satisfying the requirements are the responsibility of the Association.
(Section 1367.1 of the Civil Code).
At least 30 days prior to recording a lien on an Owner’s
separate interest, the Association must provide the Owner of record with
certain documents by certified mail, including a description of its
collection and lien enforcement procedures and the method of calculating the
amount. It must also provide and itemized statement of the charges owed by
the Owner. An Owner has a right to review Association’s records to verify the
debt. (Section 1367.1 of the Civil Code)
If a lien is recorded against an Owner’s property in
error, the person who recorded the lien is required to record a lien release
within 21 days, and to provide an Owner certain documents in this regard.
(Section 1367.1 of the Civil Code). The collection practices of the
Association may be governed by State and Federal laws regarding fair debt
collection. Penalties can be imposed for debt collection
practices that violates these laws.
PAYMENTS
When and Owner makes a payment, he or she may request a
receipt, and the Association is required to provide it. On the receipt, the
Association must indicate the date of payment and the person who received it.
The Association must inform Owners of a mailing address for overnight
payments. (Section 1367.1 of the Civil Code)
An Owner may dispute as assessment debt by submitting a
written request for Dispute Resolution to the Association as set forth in
Article 5 (Commencing with Section 1368.810) of Chapter 4 of Title 6 of
Division 2 of the Civil Code.
In Addition, an Association may not initiate a foreclosure
without participating in Alternative Dispute Resolution with a neutral third
party as set forth in Article 2 (commencing with Section 1369.510) of Chapter
7 of Title 6 of Division 2 of the Civil Code, if so requested by the Owner.
Binding arbitration shall not be available if the
Association intends to initiate a judicial foreclosure. An Owner is not
liable for charges, interest, and costs of collection, if it is established
that the assessment was paid properly on time. (Section 1367.1 of the Civil
Code)
|
