REPORT TO COUNCIL
SUBJECT
Title
Action on Amendment to Covenants, Conditions, and Restrictions for Casa del Rey Homeowner Association Located at 1303 Karmen Court
Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City's subdivision ordinance, Santa Clara City Code (SCCC) Chapter 17.05, provides that the City shall review draft declarations of covenants, conditions and restrictions (CC&Rs) for proposed subdivisions. One common provision in such CC&Rs provides that if a homeowners' association (HOA) subsequently proposes to amend its CC&Rs, the HOA must first file the amendment with the City Council, which then has an opportunity to veto the proposed amendment. If the Council takes no action, the amendment automatically becomes effective, 60 days after filing.
This item concerns proposed amendments to the CC&Rs for the Casa Del Rey HOA, a 40-townhome development located at 1303 Karmen Court. The Council previously considered the CC&Rs at the May 10, 2022, Council meeting, after resident Keith Stattenfield, submitted a written petition to address proposed revisions recommended by the City Attorney's Office (CAO). The agenda report from the May 10th meeting is attached, which contains a full history of this matter. The question at the May 10th meeting was whether to require the HOA to make the two revisions to the CC&Rs recommended by the CAO. At the conclusion of the hearing, the Council voted to inform the HOA that revisions consistent with the CAO's direction would be required.
When City staff notified Mr. Stattenfield of the result of the May 10th hearing, he responded that he had not received any notification of the hearing and requested that it be agendized again.
DISCUSSION
The City Council and City staff have already devoted a significant amount of time to the CC&Rs of this HOA. Rather than take up additional Council time at another meeting, the CAO asked the HOA whether it would be willing ...
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