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Click Here for a printable version of the entire L & R Committee Articles Artilcle I:
Name Article I The legal name of the Committee is Landscaping & Recreational (L&R). It may be referred to as the L&R Committee (or Committee).
Article II Section 1. Membership. Each of the ten Associations shall name one person who shall be a member of the Board of Directors of the respective Associations. Each Association will verify that the named person is a Homeowner. Such designation may be made at a meeting of the Board of Directors of such Association as directed by the Bylaws or policy of the Association and that member be recorded with the office of the Recorder of San Diego County. A Committee member shall hold council membership for as long as the Association who named him/her has not filed a superseding acknowledged nomination of another person in the Office of the Recorder of San Diego County. In the event of a vacancy occurring upon the Committee, said vacancy shall be filled by the Association for which the membership is vacant within thirty days of the occurrence of the vacancy. Section 2. Suspension of Membership. If any Association shall be delinquent in excess of 30 days in payment of any regular or special billing which has been approved by a majority of the L&R Committee, the member(s) of such Association shall not have the right to vote at any meeting until such delinquency is corrected. Article III Meetings of Members
Section 1. Place of Meetings. Meetings of the Committee shall be held in the common facilities of the Coronado Shores or such other place convenient to the members; however, all meetings shall be held in the City of Coronado. Section 2. Organizational Meetings. At the first regular meeting of the calendar year the chair shall be elected by a ballot of the members present. In the event no regular meeting is called for in the month of January, a special meeting shall be called for this purpose. Section 3. Regular Meetings. Meetings of the Committee shall be held monthly or at such other times as may be approved by a majority of the members, but in no case shall the frequency of meetings be less than every two months. Section 4. Special Meetings. It shall be the duty of the Chair to call a special meeting of the Committee as directed by resolution of the Committee or upon a petition signed by twenty-five percent of the Committee Members and having been presented to the Staff Secretary. The Notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the Notice unless by consent of four-fifths of the members present. Section 5. Notice of Meetings. It shall be the duty of the Staff Secretary to deliver to each designated member Notice of each regular or special meeting not less than ten days prior to the scheduled date of such meeting stating the time and place of such meeting, except that written notice of the regular meetings shall not be required if the Chair has made appropriate announcement prior to the close of the previous meeting. The Staff Secretary shall deliver to each member the Agenda for the meeting and any pertinent documents not less than five days prior to the time of the meeting. Staff Secretary shall send Notices to each Association seven days in advance for posting. Section 6. Voting. Each Association represented shall have one vote. Voting shall be by oral vote unless a ballot vote is required by these Rules and Regulations or is requested by a designated representative present of any Association. Approval by a majority of Associations represented is required for approval of any matter presented to the Committee. The Chair can make motions and votes on all questions. Section 7. Proxies. Each Association may send one proxy naming a Board Member who shall be authorized to vote that Association’s wishes only in the absence of the recorded member. Section 8. Quorum. The presence of designated voting members representing six Associations shall constitute a quorum. Section 9. Adjournment. In the event any organizational meeting cannot be held because a quorum is not present, the Committee members present shall adjourn the meeting to a time not less than forty-eight hours or more than ten days from the time the meeting was called. In the event a regular meeting cannot be held because a quorum is not present, the members present may adjourn the meeting to a later date, but not more than thirty-one days from the date the meeting was called. Section 10. Order of Business. The order of business at all regular meeting shall be as follows: ROLL CALL Article IV Officers and Staff Section 1. Nominations. The Nominating Committee shall consist of three L&R Members who shall elect their own chair. All members shall be eligible to serve except for the L&R Chair. The committee shall be nominated from the floor at the November Meeting and Nominees shall be presented at the January Meeting. Additional Nominations may be made from the floor before calling for the vote. Section 2. Designation. The principal officer of the Committee shall be a Chair who will be elected by and from the full membership of the Committee. Section 3. Election and Term of Office. The term of office for the Chair shall be one year or until a successor is elected. The Chair may not serve for more than two consecutive terms and then shall not be eligible to serve again for a period of two years. Section 4. Resignation of Chair. The Chair may resign at any time by giving written notice to the Staff Secretary. Such resignation shall become effective on appointment of his/her successor unless the officer is no longer competent to perform his/her duties or has been superseded as the designated representative of the Association, in which case the resignation shall take effect immediately. Section 5. Removal of Chair. Upon an affirmative vote of a majority of the Associations’ designated representatives, the Chair may be removed, with or without cause. Section 6. Vacancy. A vacancy shall be filled at the next regular meeting of the Committee or at a Special Meeting called for that purpose by the vote of a majority of the members present, providing a quorum is present at such meeting. If the vacancy is announced at the regular meeting, the Committee may select a successor at such meeting. Section 7. Chair. The Chair shall preside at all meetings and shall have the power to appoint subcommittees from time to time as he/she may at his/her discretion decide is appropriate to conduct the affairs of the Committee. In the absence of the Chair, a Chair Pro Tem shall preside. Section 8. Staff Secretary. The Staff Secretary shall keep accurate and complete minutes of all meetings of the Committee and shall have charge of all such books and papers as the Committee may direct; and shall, in general, perform all secretarial duties as required by the Committee. Section 9. Treasurer. The L and R Treasurer shall be a member of the L and R Committee. The Treasurer is nominated by the Nominating Committee at the same time it nominates the Chair. Additional nominations may be made from the floor at the January Meeting before calling for the vote of the Committee. The Treasurer, assisted by the L and R Manager and the Bookkeeper shall have oversight responsibility for Committee Funds as they are committed, disbursed, collected and deposited by the L and R Office. The Treasurer, assisted by the L and R Manager and the Bookkeeper shall have oversight responsibility to determine that there are full and accurate accounts of all receipts and disbursements on the books of the L and R Committee. The Treasurer, assisted by the L and R Manager and the Bookkeeper shall have oversight responsibility to assure that there is a timely report of the L and R Financial situation at each General Meeting. The Treasurer, assisted by the L and R Manager and the Bookkeeper shall have oversight responsibility for the deposit of all monies and other valuable effects in the name and to the credit of the Landscaping and Recreational Committee in such depositaries as may from time to time be designated by the Committee. The Treasurer, with the Chair and assisted by the L and R Manager shall determine by periodic investigation that the Rules and Regulations and Procedures of L and R are being followed by the employees of the L and R Office. Signature authorities are as defined in L and R Procedure #002. Article V Powers and Duties of the CommitteeSection 1. Powers and Duties. The Committee shall have the powers and duties necessary for the administration of the single common operation defined by paragraph 6.1 of the Supplemental Declaration of Covenants, Conditions, and Restrictions and Grant of Reservations and Easements, excepting those Powers, Duties and Assessment Provisions specifically empowered to the Enforcement Committee by the Amended and Restated Declaration of Covenants, Conditions and Restrictions and Grant of Reservations and Easements, dated June 10, 1971. These powers shall include, but not be limited to the power to enter into contracts on behalf of the L&R Committee and the power to adopt and publish rules and regulations governing the use of common areas and the personal conduct of homeowners, renters and guests within those common areas. Prior to publication, all rules additions and changes must be approved by an attorney. Section 2. Other Duties. In addition to duties imposed by these Rules and Regulations, the Committee shall be responsible for the supervision of management in the following: a. Maintenance, Repairs and Security of the common areas. b. Collection of regular monthly and special Association billings and management of income and disbursements. c. Designation and dismissal of personnel necessary for proper maintenance and operation of common landscape and recreational facilities. d. Supervision of L&R employees to insure proper performance of their assigned duties. e. Contracting for and maintaining insurance policies as necessary to protect the interests of the Associations in the common areas, employees and members of the Committee, as advised by the Insurance Committee or Insurance Consultant named by the Committee.
Section 3. Management. The Committee may employ a manager or managing agent at compensation and upon terms established by the Committee to perform such duties and services as the Committee shall authorize. Employment will be based on the Manager Job Description as approved by the L&R Committee and such employment will be reviewed and approved by the L&R Committee. The Committee has the duty to fully enforce the performance in relation to the approved job description. Section 4. Liability of Members. The members of the Committee shall not be liable for any non-willful tort, mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. The Associations shall indemnify and hold harmless each member of the Committee against all contractual liability to others arising out of the contracts made by the Committee unless such contract shall have been made in bad faith. Section 5. No Power to Assess. The Committee shall have no power to levy assessments upon the individual homeowners. It is intended that each Association to which a share of costs is allocated shall regard said share as Common Expenses and shall assess each individual owner his proportionate share. The Committee shall have the authority to bill each Association as set forth in Article VI. Section 6. Homeowner Communication Arrangements. The most effective route for Homeowner concerns to be addressed is through their Board of Directors and L&R Representative. However, Prior to Oral and Written Communication, all Homeowners wishing to speak must sign-in and disclose the subject matter. Each Homeowner is limited to three minutes. Homeowners may only address the Committee during Oral and Written Communications unless authorized by a majority vote of a quorum of the Committee. The Chair has the authority to require the removal of annoying non-committee members from the meeting place as outlined by Roberts Rules of Order. The Director of Security shall serve as Sergeant at Arms. Article VI Supplementary Provisions
Section 1. Emergency Authority. In the event of a crisis or emergency which exceeds the Managers authority, the Managers office will attempt to contact at least three members of the Committee beginning with the Chair and then two of the other nine members. Those three Committee members contacted, and the Manager, shall be authorized to take emergency action as deemed necessary to protect life and property within the complex. Section 2. Budget. The L&R Manager shall prepare an operational budget each calendar year for submission and review by each of the Associations. The budget shall contain estimates of the cost of performing the functions and activities under control of the Committee. The budget shall be prepared in a timely fashion to permit review by the Associations and adoption by the Committee prior to the Organizational Meeting. In addition, the L&R Manager shall prepare, annually, a projected replacement schedule and cost per item of capital equipment. Section 3. Capital Replacement Expenses. Costs for replacement of facilities or equipment not covered in the normal operating budget shall be covered as separate expense item from normal improvement budget. Section 4. Allocation of Expenses. The Committee shall bill each Association, monthly, the allocated budget expense for that Association in accordance with the formula established by paragraph 6.1 of the CC&Rs. The Committee is not empowered to accumulate reserve funds for capital replacement. Section 5. Late Charges and Suspension of Privileges. A late charge calculated at the rate of 1.5% per month of the delinquent balance owed by an Association shall be added to any outstanding balance owed to L and R over 30 days. The late charge may only be forgiven and removed due to special circumstances by a majority vote of the L and R Committee at its next regular meeting. In addition, the community use privileges of residents of the Association shall be suspended if an account is more than 60 days delinquent. This suspension may only be removed either by a majority vote of the L and R Committee at its next regular meeting, or, by the Association paying all delinquent amount owing the L and R Committee. Section 6. Audit. An independent audit of the accounts of the L&R Managers office and of the Beach Club shall be made annually by a certified public accountant selected by and accountable solely to the L&R Committee. A copy of such independent audit report shall be provided to each Association within thirty days of completion, but not later than ninety days after the end of the fiscal year. Section 7. Compensation of Committee Members. Members of the Committee shall receive no compensation except for reimbursement of authorized expenses incurred specifically for the L&R Committee. Section 8. Supplementary Rules and Regulations. The L and R Committee may issue from time to time, subject to Article VII hereafter, additional Rules and Regulations governing the use, management, maintenance and staffing of the various facilities provided for the benefit of the Homeowners. These Supplementary Rules and Regulations shall be appended to this document with the date of their last revision and approval appropriately annotated. Article VII Rules and Regulation Changes and Additions Section 1. Rules and Regulations. These Rules and Regulations may be altered, amended, supplemented or changed in a duly constituted meeting. No proposed alteration, amendment, supplement or change shall take effect unless approved by a majority of the Associations. Article VIII Parliamentary Authority Section 1. Parliamentary Authority. The most recent edition of Robert’s Rules of Order shall constitute the parliamentary authority in all cases not covered by State or Federal Law, the Associations’ Articles of Incorporation, Covenants, Conditions, and Restrictions or these Rules and Regulations.
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