Pristine Springs Governing Documents

Board Resolution of Pristine Springs Homeowners Association, Inc.

“Guardrails” MUST be implemented, limiting decisions that can be made by a simple two-person BOD majority. Moreover, it appears that some of these rules directly conflict with the CC&Rs and ByLaws, which we believe is unlawful. (see pets)

January 1, 2022

The Board of Directors of the Pristine Springs Homeowners Association Inc. (“Board”) hereby unanimously adopts the following resolution effective as of January 1, 2022.

WHEREAS, Section 4.3 of the Bylaws of Pristine Springs Homeowners Association Inc. (“Bylaws”), provides the Board the power to conduct, manage and control the affairs and business of the Association.

WHEREAS consent documentation for pets in excess of that shown in the CCRs has not been provided to the Board.

Define “consent documentation,” Again, rules and regulations are subordinate to the CC&Rs and Bylaws.

NOW, THEREFORE BE IS RESOLVED that the Board pursuant to its special powers and duties hereby adopts the following Guidelines.

1. The Board shall assume existing constructed architectural improvements that are in compliance with the Design Guidelines and CCRs have been approved by the Design Committee. These existing improvements shall include, but not be limited to items such as gazebos, solar panels, fire pits, satellite dishes, water features, and other similar architectural features.

2. Existing constructed architectural improvements not in compliance with the\Design Guidelines and CCRs have not been approved by the Design Committee of the Board, and are subject to removal or remodeling in order to be compliant, in accordance with Section 10.7 of the CCRs.

3. Future proposed architectural improvements (starting January 1 2022) shall be reviewed and approved in writing by the Board in accordance with Sections 4.1 and 10.3 of the CCRs.

4. Existing pets within the residences before January 1, 2022, shall be assumed to have received approval from the Developer. Any future pets in a household shall be in conformance with Section 4.10 of the CCRs.

Different rules depending on when you acquired your property. This rule is a feeble attempt to provide “grandfathered” exemptions for certain current or former BOD members. The Rules and Regs are subordinate to Bylaws which voids this two-tier standard.

WHEREAS Sections 4.1 and 10.3 of the CCRs require the prior written consent of constructed, reconstructed, placed, or removed improvements by the Design Committee (or delegated representative). WHEREAS Design Committee consent documentation for numerous existing architectural improvements to properties has not been provided to the Board.

Additional Rules Which Appear To Originate in 2021

Board Resolution of Pristine Springs Homeowners Association, Inc.

The Board of Directors of the Pristine Springs Homeowners Association Inc. (“Board”) hereby unanimously adopts the following resolution effective as of January 1, 2022.

WHEREAS, Section 5.5.1.2 of the Declaration of Covenants, Conditions and Restrictions for Craftsman Estates (Pristine Springs) (“CCRs”), together with Section 4.3(b) of the Bylaws of Pristine Springs Homeowners Association Inc. (“Bylaws”), provide the Board the power to adopt by a majority vote rules and regulations, including fines for certain prohibited activities (“Association Rules”).

WHEREAS, the Board deems it reasonable and necessary to adopt Association Rules, which shall apply equally to all owners within and/or members of Pristine Springs (“Owners”), to establish fines associated with violations of the CCRs.

A schedule of fines per violation must be approved by a community-wide vote and fines shall only be assessed 30 days AFTER the violating party has been notified.

WHEREAS, fines for violations of the CCRs shall be treated as Limited Assessments and administered in accordance with Section 7.9 of the CCRs.

WHEREAS, the Board may from time to time amend or repeal the Association Rules in accordance with Section 5.5.1.2 of the CCRs and Section 4.3(b) of the Bylaws by a majority vote of the Board.

Any rule which impacts the financial or use of homeowner’s properties must achieve a 51% affirmative vote by the full Association. The BOD also acknowledges that Rules and Regulations may not be MORE stringent than provisions in the CC&Rs and Bylaws.

NOW, THEREFORE BE IT RESOLVED that the Board pursuant to its special powers and duties hereby adopts the following Association Rules:

1. The Board shall impose fines for an Owner’s failure to timely and strictly comply with the terms and restrictions set forth in the CCRs in an amount not to exceed Twenty· Five Dollars ($25.00) per day of non-compliance with the CCRs;

Fees not to exceed $10/day after 30 days of a continues violation unless the matter is related to health and safety violations. Fees based on esthetics shall be capped at $5/day commencing 30 days after notifying the violating party.

2. A majority Unanimous vote of the Board shall be required prior to imposing any fine to be assessed against an Owner for a violation of the CCRs;

Majority is a two-person collusion, fees are to be applied by a unanimous vote by a five member Board of Directors.

3. Written notice by personal service or by certified mail of the Board meeting during which such vote is to be taken shall be made to the Owner at least thirty (30) days prior to any such Board meeting;

4. In the event the Owner corrects the stated violation of the CCRs before said Board meeting, the Board shall not impose any fine excluding costs incurred in enforcing compliance, including without limitation, reasonable attorney fees. In the event the Owner begins correcting the stated violation of the CCRs before the Board meeting and continues to diligently correct the stated violation of the CCRs in good faith until fully corrected, the Board shall not impose any fine excluding costs incurred in enforcing compliance, including without limitation, reasonable attorney fees; and

Your violation is timely remedied, and you could still be subject to “reasonable attorney fees.” Specific restrictions must be added to avoid potential abuse.

5. No portion of any such fine shall be used to increase the pay of the Board or agent of the Board.