REPORT TO COUNCIL
SUBJECT
Title
Amendment to the Covenants, Conditions and Restrictions for the Woodsborough Homes Association
Report
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.
In 1980 the City Council approved a subdivision for a residential development at 990 Kiely Boulevard known as the Woodsborough townhouse development. The approved condominium subdivision included CC&Rs to govern specific activities of the future residents, including use restrictions, architectural regulations, and membership voting rights.
DISCUSSION
On February 8, 2018, the HOA for that subdivision, the "Woodsborough Homes Association," notified the City that they were proposing a minor amendment to their CC&Rs, which would authorize the HOA to amend the CC&Rs by affirmative vote of not less than sixty-six percent (66%) of the quorum. As currently written, the CC&Rs outline several different scenarios for voting based on class membership (A or B) and the type of provision being amended. The current provisions are outlined in Article XV. The amendment would make no other change to the HOA CC&Rs. The City Attorney's Office has no objection to the proposed amendment.
If the Council takes no action, the Homeowners Association can amend its CC&Rs to allow for a simpler approval process by the HOA to amend its CC&Rs. If the Council chooses to exercise its authority to veto the proposed amendment, staff could work with the HOA to come up with an amendment that would be ...
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