RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALOS VERDES HOMES ASSOCIATION ADOPTING GUIDELINES AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ASSOCIATION’S AUTHORITY TO MAINTAIN VIEWS, AND A POLICY THAT ENFORCEMENT OF THE ASSOCIATION’S AUTHORITY SHALL BE DONE BY INDIVIDUAL MEMBERS.
WHEREAS, ARTICLE V, SECTION 7 OF THE DECLARATION OF ESTABLISHMENT OF BASIC PROTECTIVE Restrictions, Conditions, Covenants, Reservations, Liens and Charges and Certain Local Restrictions (Hereinafter referred to as “Restrictions”) of Palos Verdes Estates and portions of Miraleste provides in part:
“Representatives of the Homes Association… shall have the right at any time to enter on or upon any property for the purpose of cutting back trees or other plantings which may grow up to a greater height than in the opinion of the Homes Association is warranted to maintain the view and protect adjoining property.”
WHEREAS, The Board of Directors (the “Board”) of the Palos Verdes Homes Association (the “Association” or “PVHA”) adopted Resolution No. 146 in November 2000, Resolution 150 in November 2002, Resolution 156 in May 2005, Resolution 159 in July 2006 Resolution 165 in March 2010, Resolution 169 in March 2013, Resolution 172 in April 2015, Resolution 182 in July 2018, Resolution 185 in May 2019, and Resolution 187 in May 2020 to establish procedures for its members to utilize the authority of the Association to correct view impairments created by trees or other plantings;
WHEREAS, the Association has had experience with Resolution No. 146, No. 150, No. 156 No. 159, No. 165; No. 169; No. 172; No. 182; No.185; and No. 187;
WHEREAS, it is the Association’s policy to encourage voluntary resolution of view impairment disputes between Members who are directly involved whenever possible;
WHEREAS, It has been the Association’s experience that significant view obstructions can and do occur even when the properties are separated by some distance. Therefore, the phrase in Article V, Section 7 of the Restrictions “to maintain the view and protect adjoining property” will not be interpreted to require that the Complaining Party’s and tree-owner’s properties to be adjoining. This interpretation best reflects the Association’s historical and ongoing efforts to preserve the scenic views enjoyed by its members.
WHEREAS, It has been the Association’s experience that its involvement in the enforcement of the restrictions set forth in Article V, Section 7 generally benefits only one Association Member, rather than the entire Association;
WHEREAS, It has been the Association’s experience that its involvement in the enforcement of the restrictions set forth in Article V, Section 7 has resulted in the Association being involved in protracted disputes and costly litigation;
WHEREAS, The protracted disputes and costly litigation associated with Association involvement in the enforcement of the restrictions set forth in Article V, Section 7 have required inordinate amounts of expense and Association staff time to the prejudice and detriment of all Members and the Association as a whole;
WHEREAS, Expending inordinate amounts of Association funds and resources on litigation and disputes to benefit just one Member is not in the best interests of all Members and the Association as a whole;
WHEREAS, the Association wishes to implement directives set forth in the Restrictions and adopt written procedures regarding its view impairment authority so that members may better understand the procedures and remedies available pursuant to Article V, Section 7, with the hope that this understanding will further promote the voluntary resolution of view impairment disputes;
WHEREAS, the Association wishes to provide guidelines for the evaluation and resolution of view impairment disputes; implement a clear process to residents for managing view issues and establish procedures for its Members to utilize the authority of the Association to correct view impairments which cannot be resolved between the parties;
WHEREAS, the Restrictions do not state that the Association has the exclusive enforcement rights. Article VI, Section 12 of the Declaration provides that the provisions of the Declaration are enforceable by Association Members;
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of this corporation does establish and adopt the following procedure. and policy that all matters related to the enforcement of the restrictions set forth in Article V, Section 7 shall be the responsibility of individual Association Members. It is the intent of this Resolution to create a private right of action for the Complaining Party against the tree owner. It is the intent of this Resolution that the evaluation criteria set forth herein be utilized in the mediation of and litigation of view obstruction claims.
WHEREAS, PVHA interprets “view” as follows:
- For properties purchased prior to the date of enactment of this Resolution, PVHA interprets “view” to mean the view that existed when the Restrictions were filed, June 26, 1923;
- For properties purchased subsequent to the enactment of this Resolution, PVHA interprets “view” to mean the documented view that existed at any time since the property was most recently purchased for fair market value through an arm’s length purchase or sale, as evidenced by a deed.
WHEREAS, the Association hereby provides Members with this process for the resolution of view impairment disputes;
“Scenic View” shall mean a view of the community and its special features such as landscapes, ocean, coastlines, city lights, canyons, golf courses, parkland, architecture, and greenery. This visually impressive scenic vista is to be evaluated from the “Main Viewing Area” of the residence.
“Main Viewing Area” shall mean the primary living area of the primary residential structure. If the primary living area of a principal residence is not located on the ground floor, the main viewing area means the primary living area of the principal residence. The “main viewing area” may be an abutting outdoor deck or patio area located at relatively the same elevation as the primary living area of a residence.
Bedrooms, offices, hallways, closets, laundry rooms, mechanical rooms, bathrooms, exercise rooms and garages shall not be considered main viewing areas.
“Complaining Party” shall mean a Member who believes that foliage on the property of another Member has caused a significant obstruction of scenic views from the Member’s Main Viewing Area.
“Significant View Obstruction” means a substantial obscuring of the scenic view, diminishing it’s attractiveness and enjoyment by the Member.
The following unranked criteria shall be considered in determining whether a Significant View Obstruction has occurred:
The extent to which the foliage obstructs a scenic view from a Main Viewing Area.
The location of the obstruction within a view frame; foliage located within the center of a scenic view is more likely to be found to create significant obstruction than obstruction located on the outer edge of a scenic view.
The quality of the scenic view being obstructed, including obstruction of landmarks, vistas or other unique features.
The extent to which the scenic view has been diminished over time by factors other than tree growth, such as new additions or residences.
The extent to which the scenic view contributes to the value and enjoyment of the Member’s property.
- VIEW RESTORATION PROCEDURE
The following process shall be used in the resolution of view obstruction disputes between Members.
A. Initial Discussion
A Complaining party shall notify the foliage owner in writing of the view obstruction concerns by registered or certified letter with return receipt. The notification should, if possible, be accompanied by personal discussions to enable the Complaining party and foliage owner to attempt to reach a mutually agreeable solution.
The notification to the foliage owner should include this statement:
A foliage owner who prevails in litigation shall not be entitled to recover his/her/its attorneys’ fees and costs if the foliage owner has declined to participate in the Initial Discussion or mediation processes set forth in Sections 2 A&B of this Resolution.
The foliage owner shall have twenty (20) calendar days from service of a written request for an Initial Discussion as indicated on the return receipt. Failure to respond in writing by registered or certified letter with return receipt within twenty (20) calendar days shall be deemed a refusal an Initial Discussion.
Agreement to an Initial Discussion by the foliage owner shall be voluntary. If an Initial Discussion is agreed to, the parties shall conduct the Initial Discussion within (20) calendar days of the foliage owner’s agreement to participate in the Initial Discussion, unless a different date is mutually agreed upon in writing.
If the Initial Discussion attempt fails, the Complaining party shall propose mediation as a means to settle the view obstruction dispute. The Complaining party shall invite, by registered or certified letter with return receipt, the foliage owner to participate in mediation.
A complaining party shall notify the PVHA of any request for mediation pursuant to the provisions of this Resolution. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.
The foliage owner shall have twenty (20) calendar days from service of a written request for mediation, as indicated on the return receipt, to accept or reject the offer of mediation. Failure to respond in writing by registered or certified letter with return receipt within twenty (20) calendar days shall be deemed a refusal of mediation.
Acceptance of mediation by the foliage owner shall be voluntary. If mediation is accepted, the parties shall mutually agree in writing upon a mediator within twenty (20) days of the acceptance of mediation, unless a different date is mutually agreed upon, or the offer of mediation shall be deemed to have been declined.
If mediation is accepted, the parties shall conduct a mediation within forty- five (45) calendar days of the foliage owner’s acceptance of mediation, unless a different date is mutually agreed upon in writing. It is recommended that the services of a professionally trained mediator be employed.
The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of lay or expert witnesses, and may include a site visit to the properties of the Complaining party and the foliage owner.
The mediator shall consider the purposes and policies set forth in this Resolution in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall help the parties to resolve their dispute by written agreement in order to reduce the potential for litigation.
A complaining party shall provide the PVHA with a copy of a mediated agreement reached pursuant to this Resolution. Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.
- In those cases where the Initial Discussion process fails, and mediation is declined by the foliage owner, or fails, civil action may be pursued by the Complaining party for resolution of the view obstruction dispute in the Superior Court under the provisions of this
- A Complaining party shall provide the PVHA with a copy of the lawsuit, and any settlement Such notification and documentation shall be for the purposes of Association record-keeping regarding the use of this Resolution only, and shall not obligate the Association to assist or advise a Member or participate in the dispute resolution process in any way.
c A judgment, entered by a California court of competent jurisdiction, that a member’s tree(s) constitutes a significant view obstruction pursuant to this Resolution, shall be adopted by the Association as its own.”
- APPORTIONMENT OF COSTS
Costs of mediation.
The Complaining Party and tree owner shall each pay fifty percent of mediation fees, unless they agree otherwise or allow the mediator discretion for allocating costs.
Costs of litigation. To be determined by the court or through a settlement. The prevailing party in any civil action brought pursuant to this resolution shall be entitled to recover its reasonable costs and attorney’s fees incurred in the litigation, subject to the following exception: a foliage owner shall not be entitled to recover his/her/its attorneys’ fees or costs if the foliage owner declined to participate in the Initial Discussion or mediation process set forth in Sections 2 A&B, above. The notice of the view obstruction dispute and the request for mediation provided by the Complaining Party in accordance with Section 2 shall inform the foliage owner of this provision, and the consequences of non-participation in the Initial Discussion and mediation processes.
Cost of restorative action. To be determined by mutual agreement or court order.
4. RESTORATIVE ACTION
The PVHA advises that the following criteria be applied to Restorative actions:
- Trimming of trees and shrubs should conform to ANSI standards and be performed by an ASI licensed arborist;
- Topping and severe pruning should be avoided due to the damage such practice causes to the tree’s form and health;
- Restoration actions may include, but are not limited to the following, in order of preference:
- Trimming is the most preferable purning technique that removes excess foliage and can improve the structure of the tree;
- Vista Vista pruning of branches may be utilized where possible, if it does not adversely affect the tree’s growth pattern or health. Topping should not be done to accomplish vista pruning;
- Crown Crown reduction is preferable to topping or tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree’s growth pattern or health, or otherwise constitute a detriment to the tree(s) in question;
- Stand The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings;
- Eliminating the upper portion of a tree’s trunk or main leader. Topping is only to be permitted for trees specifically planted and maintained as a hedge;
- Eliminating the outer extent of the major branches throughout the tree. Heading is only to be permitted for trees specifically planted and maintained as a hedge;
- Tree/Vegetation Tree or vegetation removal, which may be considered when the abovementioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum level of benefits loss due to tree removal;
- LA County Fuel Modification standards also apply to Palos Verdes Estates, restricting tree placement and limiting the height of hedging depending upon their distance from structures. Refer to LA County Fuel Modification specifications when selecting replacement
- The California Department of Fish and Game restricts trimming during the breeding season of raptors and other migratory non-game birds February 1 through September Refer to the Federal Migratory Bird Treaty Act and the California Fish and Game Code sections 3503, 3503.5 and 3513, when scheduling restorative actions;
- Inclusion of a maintenance schedule in the agreement for trimming based on the individual species of tree and future view
Members agree that the use of the process set forth in this Resolution shall not create any liability on the part of PVHA.
PASSED, APPROVED AND ADOPTED this ___ day of January 2021.
RESOLUTION NO. 190
RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALOS VERDES HOMES ASSOCIATION ADOPTING NEW ELECTION RULES
WHEREAS, Article III OF THE BY-LAWS OF PALOS VERDES HOMES ASSOCIATION states:
“The corporate powers of this corporation shall, except as otherwise provided herein, be vested in a Board of directors who shall be members of this corporation, and three shall constitute a quorum for the transaction of business but a smaller number may adjourn from time to time.”
WHEREAS, The Palos Verdes Homes Association wishes to adopt rules for the nominating and electing Members to the Board of Directors;
WHEREAS, the Palos Verdes Homes Association has received and considered materials from Board Members; the Elections Committee formed at the request of the Board of Directors, and attorneys retained by the Board of Directors;
WHEREAS, for purposes of this Resolution, the term “Voting Year” refers to the calendar year before the year in which the Annual Meeting when Directors will be elected is held.
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of this corporation does establish and adopt the following rules for the conduct of nomination and election to the Board of Directors:
- Only a Member may be nominated for or serve on the Board of Directors.
- To appear on the ballot for the annual election to the Board of Directors, a Member must be nominated for a position on the Board of Directors. This requirement applies to all persons, including incumbents, who will appear on the ballot for annual election to the Board of Directors. Write-ins are not permitted.
- The only method of nomination for a position on the Board of Directors is by way of a Petition delivered to an officer of the corporation at the Palos Verdes Homes Association Offices requesting to have the name of a Member added to the ballot. The Petition will only be accepted if (a) it contains the names, addresses, and original handwritten signatures of at least 25 Palos Verdes Homes Association Members, and (b) is submitted on or before the first Monday in October of the Voting Year. No nominations will be accepted and no additional names may be added to a Petition after the close of business of the first Monday in October of the Voting Year. The Palos Verdes Homes Association will audit any Petition to determine the validity and authenticity of any names or signatures on a Petition.
- Votes must be cast by secret ballot and may be cast in person, by mail, or electronically in accordance with instructions provided by the Palos Verdes Homes Association. To preserve confidentiality, a Member may not be identified by name, address, or lot or parcel number on the ballot.
- Members who vote by mail or in person will use the following ballot procedures: (a) the completed ballot, which will not be signed by the Member, will be inserted into an envelope that is sealed; (b) That sealed envelope will be inserted into a second envelope that is sealed; this second envelope will have pre-printed on it at least the following information (i) the Member’s name(s), (ii) the address or separate interest that entitles the Member to vote in the election; and (iii) the name and address of the inspector of elections, which will tally the votes; (c) The Member must sign this second sealed envelope for purposes of potential verification; a ballot without a signature will not be counted. The Member is responsible for mailing the ballot or delivering it to a location specified by the Palos Verdes Homes Association for collecting ballots.
- Members who chose to vote electronically must follow the instructions provided with the ballot materials.
- Each parcel is entitled to only one vote, be it by in person, mail or electronic voting. Once submitted, a ballot cannot be changed or withdrawn. In any instance in which more than one ballot for a single parcel is submitted, the ballot first received(whether in person, mail, or electronically) will be counted, unless the inspector of elections (a) conclusively determines that the person submitting the first ballot was not entitled to do so; and (b) can identify the unauthorized ballot.
- The Bylaws of the Palos Verdes Homes Association provide for staggered terms. If candidates are not running for specific terms and a quorum is reached, then nominated candidates will be elected for terms based on the two highest vote getters filling terms of three years; assuming more than two vacancies exist, the next two highest vote getters filling terms of two years; and, assuming five vacancies exist, the fifth highest vote getter filling a term of one year.
PASSED, APPROVED AND ADOPTED Sept 3, 2020
PALOS VERDES HOMES ASSOCIATION
CODE OF ETHICS AND CONFLICT-OF-INTEREST POLICY
Adopted on _____, __ 2020
The following principles and guidelines constitute a code of conduct regarding ethics and conflicts of interest (referred to as the Code) that shall apply to each Board Member, Art Jury Member, Committee Member, Expert Advisor, officer, and employee (individually or collectively referred to as Association Leader(s)) serving the Palos Verdes Homes Association (Association):
I. Ethics for Association Leaders.
A. Association Leaders shall use their good faith best efforts at all times to make decisions that (1) represent the interests of the members of the Association, (2) are consistent with high principles, (3) protect and enhance the welfare and property values of the Association’s owners and residents, and (4) are not arbitrary or unreasonable.
B. Each Association Leader agrees to focus his or her efforts on the mission of the Association and to do nothing that would violate the trust of the Association’s members. Association Leaders agree to approach all Association issues with an open mind, prepared to make decisions that the Association Leader believes to be in the best interests of the entire Association.
C. Association Leaders shall not divulge to persons other than Board Members, the Association’s Board-approved professional advisers, and others whose work is essential to the work of the Board or Art Jury as a whole any information that is (1) received in confidence during executive sessions, (2) confidential or privileged information received by an Association Leader in the course of the exercise of the Association Leader’s right to inspect or copy books, records, and documents of the Association, (3) marked “confidential, or (4) received from the Association’s counsel.
D. Association Leaders shall protect the confidentiality of the personal lives of other Association Leaders, owners, residents, and employees.
E. No Association Leader may engage in any writing, publishing, or speech that defames or disparages any other Association Leader, owner, or resident of our community.
F. Association Leaders shall not interfere with the system of management established by the Board as a whole and the Association’s management personnel. Association Leaders will not harass, threaten, or attempt through any means to control, intimidate, extort, or instill fear in another Association Leader, owner, resident, management personnel, employee, or staff member.
G. When acting in a meeting of the full Board or committee, Association Leaders shall exercise only their official authority, except to the extent other specific authority has been delegated by the Board to that Association Leader. Association Leaders shall not interfere with any employees or contractors who are implementing their duties under a contract with the Association. All communications with employees or contractors must go through the Association or management personnel specifically authorized to conduct such communications.
H. The Directors must operate, make decisions, and act collectively as a Board. No single director has any power or authority to act individually or independently of the Board unless (1) the Board specifically grants, by a majority vote, an individual Director such authority or (2) the Association’s governing documents provide for such individual authority.
I. All language by Association Leaders and others present at meetings shall be considerate and professional. Personal attacks against other Association Leaders, owners, residents, or employees are not consistent with the best interests of the Association and are prohibited.
J. The Board and the Association will not tolerate the abuse of drugs, alcohol, or other substances by any Association Leader in circumstances that impair the Association Leader’s ability to perform his or her responsibilities.
K. It is understood that differences of opinion will occur. Such differences of opinion should be expressed in a clear and businesslike fashion. Directors are encouraged to accept the decision of the majority of the Board, and the undersigned acknowledges the finality of a Board vote on particular issues. Once an issue has been decided by a vote of the Board, the undersigned further acknowledges that he or she will not reintroduce the issue unless the Board Member has been asked by a member to further explore the issue, or the Board Member believes in good faith that there has been an intervening and substantial change in the underlying facts.
L. At the request of any Director, a Board Member’s vote shall be recorded in the minutes of both executive and regular session minutes. Minutes need not contain a detailed record of debate. If any Board Member feels that his or her vote or abstention requires explanation not included in the minutes, such Board Member may place the explanation in a letter or e-mail to the Association, requesting that it to be made a part of the minutes.
M. Each Association Leader has an affirmative duty to disclose to the Board and to Association members, in reasonable detail, any financial interest that the Association Leader or members of his or her immediate family have in any property, person, or entity that may become a party to a contract or transaction with the Association, using the template attached as Exhibit A. This includes but is not limited to every bid for work requiring approval from the Association (regardless of whether the bid is accepted, rejected, or expires), every contract for work requiring approval from the Association, any amount of compensation received from a person or entity engaged in work requiring approval from the Association, and every construction project requiring Association approval. The categories of matters requiring disclosure in this section are broader than what is required under the California Corporations Code, and not all items disclosed pursuant to this section M are required to be reported to the membership under Corporations Code section 8322.
N. Association Leaders shall not recommend or endorse any professionals to members for work on member property requiring approval by the Association. No services may be advertised at the Association’s offices or on Association websites. By way of example, no business cards for professional services requiring Association approval may be distributed by Association Leaders or from Association offices.
O. An Art Jury member’s financial interest or other involvement in a project requiring Association approval shall not cause delays in the Association’s approval process. If a quorum cannot be reached due to multiple conflicts of interest, or for any other reason, the Art Jury must, at the earliest possible opportunity, notify the President of the Association. The President, in furtherance of Section 6, Paragraph 2 of Article XVII of the Bylaws, may remove and replace one or more members of the Art Jury in order to ensure the Art Jury can meet and perform its duties in accordance with the Bylaws.
P. If an Association Leader owns or leases a property requiring Association approval, that Association Leader shall not seek or receive special treatment from any Association employee or Association Leader. All Association Leaders must receive equal treatment by the Association, be held to the same standard of compliance as every Association member, and execute a statement of compliance with all lawful provisions of the Association’s protective covenants, By-Laws, and Rules and Regulations, a copy of which is attached as Exhibit B.
Q. Board Members, Art Jury Members, and Committee Members shall not be absent from more than three properly noticed meetings in any calendar year, unless he or she has an excused absence.
R. All provisions in the governing documents relating to conflicts of interest and self-dealing, including but not limited to Declaration No. 1 and the Bylaws, are hereby incorporated by reference.
II. Conflicts of Interest.
A. No Association Leader may use his or her position for personal advantage or for the advantage of the Association Leader’s family members or friends or to enhance his or her financial status or the financial status of a family member or friend. Any direct or indirect financial interest that an Association Leader or an immediate family member of an Association Leader has in a contractor or supplier to the Association or other potential conflict of interest must be disclosed to the Board of Directors, and following that disclosure, any transaction or contract with the contractor or supplier to the Association must be approved by the disinterested Directors or by the Association’s members (as appropriate) before any such contract may be approved.
B. No Association Leader shall knowingly misrepresent any fact to anyone for the purpose of advancing a personal cause or influencing the owners or residents to place pressure on the Board to advance that Association Leader’s personal cause or agenda.
C. No Association Leader shall solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing worth $50 or more during any fiscal year from any resident, contractor, supplier, or person who is seeking to obtain contractual or other business or financial relations with the Association.
D. Association Leaders shall not promise anything to any contractor, subcontractor, or supplier during negotiations unless approved by the Board as a whole. No Association Leader may seek to implement a contract that has not been duly approved by the Board, although it shall not be improper for an Association Leader to express his or her opinion on the merits of competing contract proposals or bids.
E. Directors, Art Jury Members and Committee Members shall at all times refrain from voting on or discussing with other Association Leaders any of the following matters:
1. Discipline of that Director, Art Jury Member or Committee Member;
2. An assessment against that Director, Art Jury Member or Committee Member for damage to the common areas;
3. A request by that Director, Art Jury Member or Committee Member for a payment plan for overdue assessments;
4. A decision whether to foreclose on a lien on the separate interest of that Director, Art Jury Member or Committee Member;
5. Review of a proposed physical change to the separate interest of the Director, Art Jury Member or Committee Member; or
6. Any matter in which that Director, Art Jury Member or Committee Member has a financial interest, including but not limited to matters involving a property for which, or member to whom, an Association Leader submitted a bid, entered into a contract, or received a referral fee or other compensation.
7. Any matter involving property located within 1,000 feet of property owned by the Association Leader. Association Leaders are responsible for verifying whether a property falls into this category before voting on a matter.
8. Any quasi-judicial matter in which that Association Leader cannot be a reasonably impartial, non-involved decisionmaker.
III. Procedure for Determining Violations of the Code; Possible Sanctions.
A. Each Association Leader shall be given a copy of this Code and shall be asked to sign a statement to the effect that he or she has been given a copy, has read it, and agrees to abide by it.
B. Complaint and Investigation.
1. Any member of the Association may report a perceived conflict of interest to the Board by submitting a complaint in writing via e-mail or mail detailing the facts of the perceived conflict. The complaint may be submitted anonymously. The complaint will be reviewed by the Board during executive session no later than sixty days after receipt, at which point the Board will decide whether investigate the complaint.
2. An investigation will be initiated if the Board, by majority vote, finds that the complaint is credible. “Credible” means a complaint that on its face appears to be a violation, and sufficient information is provided to enable an investigation of the complaint. An allegation made without facts, witnesses, or evidentiary support will not be investigated.
3. The Board will appoint two Board Members who are not involved in the alleged violation to work with Association counsel to investigate the complaint. Within ten days of the initiation of the investigation, the investigation committee will create an investigation plan including but not limited to:
a) Summary of the issues being investigated and identification of suspected violation
b) Date range of alleged violation(s)
c) Relevant witnesses
d) Sources of evidence—including e-mails, Association records, witnesses, and public records
f) Potential interviews
4. The investigation committee will use best efforts to complete the investigation and produce a report to the Board within 30 days of initiation of the investigation. The report must contain findings supported by evidence demonstrating why a violation has or has not occurred. At the first scheduled executive session Board meeting following issuance of the report, outside of the presence of the alleged violator, the Board will vote to determine whether a conflict of interest as described in this Code, the Association’s governing documents, or by law is suspected to exist based on the report. If the Board determines that such conflict is suspected based on the report, then the Board shall proceed with a hearing as set forth in section (C).
1. The Board shall notify the alleged violator of a hearing to be held in a properly noticed executive session of the Board (described on the agenda as a personnel matter) at least 10 days before the date of the hearing. The notice shall state the nature of the alleged violation and/or conflict of interest and the date, time, and place of the executive session hearing.
2. At the hearing, the Board shall permit the accused Association Leader to present evidence and make argument on the issues. Provided that the Association Leader has given the Board written notice at least 5 days before the date of the hearing that the Association Leader intends to be represented by counsel, counsel may also appear.
3. After the Association Leader is heard and excused, the Board shall deliberate, and if a majority of the Directors so deliberating finds a violation of the Code (or a conflict of interest as otherwise provided by law or the Association’s governing documents), the Board shall determine appropriate sanctions to be imposed, if any. Such sanctions may include but are not limited to a warning, private censure, public censure, removal of a Committee Member, removal of an Art Jury Member, removal of an appointed Director from office, denying a Director access to executive sessions and confidential materials for a specified period of time not to exceed 6 months, and/or a petition for removal of a Director from the Board. The judgment of the Board (“Judgment”) , which shall include a statement of the facts on which it bases its decision, shall be sent to the accused Association Leader within 10 days after the date of the hearing, and any discipline shall take effect no sooner than 5 days after the ruling is sent to the Association Leader.
D. Appeal and Binding Arbitration. Any Association Leader wishing to appeal a Judgment under Section III(C)(3) must submit the matter to binding arbitration in Los Angeles County, California within 60 days of mailing of the Judgment. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment by the arbitrator may be entered in any court having jurisdiction. The prevailing party may recover reasonable attorney’s fees. The arbitrator shall not award any incidental, indirect or consequential damages, including damages for lost profits.
IV. Review and Execution; Copies.
A. Each Association Leader shall be given a copy of this Code to review and execute, indicating his or her agreement to abide by its provisions, including the propriety of the possible sanctions described above. In the case of a Director or Art Jury Member, refusal to execute a copy of the Code after election or appointment may be published to the membership of the Association. Copies of the signed Code shall be kept with the minutes of the Association.
B. In case of uncertainty as to the meaning of any provisions in this document, the Board shall interpret the same and such interpretation shall be final and conclusive upon all interested parties.
C. If any provision of this Code, or the application of it to any party or circumstance, is held void, invalid, or unenforceable by a court of competent jurisdiction, the remainder of this Code, and the application of such provision to other parties or circumstances, shall not be affected thereby, the provisions of this Code being severable in any such instance.
I, the undersigned, acknowledge receipt of the Code; by my signature on the date indicated below, I agree to abide by the Code; and I acknowledge the propriety of the possible sanctions for violation of the Code set forth in paragraph III(C)(3) above. I agree to update and execute this document annually for as long as I serve as an Association Leader, and will provide an updated conflicts disclosure within ten days of the occurrence of any new conflict.
|Date: _ _ _ _ _ _||
_ _[Signature]_ _
_ _[Typed name]_ _
DISCLOSURES OF FINANCIAL INTERESTS AND POTENTIAL CONFLICTS
- Name of Association Leader (or immediate family member) with financial interest:
- Type of financial interest: Bid, Contract, Referral Fee, Other (describe)
- Address of Property(s) associated with financial interest
- Name of Member(s) associated with financial interest
- Date of creation of financial interest
THIS FORM MUST BE PROVIDED TO PVHA WITH A COPY TO PVHA COUNSEL WITHIN TEN DAYS OF THE CREATION OF ANY NEW CONFLICT OR POTENTIAL CONFLICT
THIS FORM WILL BE MADE AVAILABLE TO ANY MEMBER OF PVHA UPON REQUEST
 The prohibition on discussion with other Association Leaders does not include Board hearings affecting that Association Leader or applications for an Association Leader’s own property. The prohibition is intended to prevent a conflicted Association Leader from influencing any decision in which he or she has a conflict, but is not intended to interfere with an Association Leader’s ability to defend him or herself or apply for Association approvals for his or her own property.