45-Day Notice: Voting And Election Rules Amendments

Following are new voting and election rules that the board intends to consider and adopt at an open meeting of the board on Saturday, Feb. 27, 2016. These rules are to comply with California law that made major changes in the way membership votes in homeowner association are to be conducted.

Among other things, the law created a “secret ballot” method of voting in which voting is not conducted at member meetings but is conducted by ballots that are sent to all members. The law requires that the ballots in these elections and votes be opened and tabulated by inspector(s) of election at an open meeting or board meeting which any member can attend.

The law also requires every association to adopt voting and election rules. The board has consulted with the association’s legal counsel to develop rules that comply with the requirements of the new law and which work in a practical way for our association.

The board has also been working with legal counsel to prepare updated governing documents for our association, which will be presented to the members in the coming months. The new documents will bring our association up to date with current law and will eliminate confusing or conflicting provisions in our existing bylaws and CC&Rs.

The voting and election rules will apply to the member vote on the amended documents mentioned above, as well as elections of directors and all other official membership votes.

TAHOE DONNER VOTING AND ELECTION RULES

Article 1                      MEDIA

1.1 Access to Association Media – Candidates for the Board. The Board may but is not required to make Association media (i.e., posting on the Association’s official bulletin board/notice board/kiosk, or official website, broadcasting on Association television monitors, or other notices mailed or delivered by the Association to the owners of the Lots or Units) available to qualified candidates running for election to the Board for purposes that are reasonably related to the election in which that candidate is running. If the Board allows any candidate access to Association media, then all qualified candidates shall be allowed equal access to the same media.

1.2 Access to Association Media – Other Matters. If the Board utilizes Association media to advocate a point of view on any matter (other than election of directors) that requires Member approval, or allows any Member access to Association media for that purpose, then all Members advocating a different point of view shall be allowed equal access to the same media. The Board shall not be required to allow access to more than one Member advocating the same point of view.

1.3 “Equal Access”. “Equal access” shall mean, in the case of written statements, publication of written statements not to exceed a predetermined number of words and, in the case of broadcast statements, broadcast statements not to exceed a predetermined length of time. The Board may require that broadcast statements be pre-recorded to comply with time constraints. The Board shall not edit or redact any statement, but shall not be required to publish any statement that exceeds the predetermined length restrictions.

1.4  Responsibility for Content.  All statements published in Association media pursuant to the “equal access” rules must identify the author or proponent. No anonymous statements will be permitted. The author and/or proponent of any statement or point of view shall be solely responsible and liable for the content of their statements. The Association shall not be responsible or liable for the content of any statement published pursuant to the “equal access” rules. The content of any candidate statement shall be limited to a statement of the candidate’s qualifications to serve as a director.

Article 2                      MEETING SPACE

2.1 Access to Common Area Meeting Space – Campaigning by or the Board. The Board shall ensure that during a campaign all qualified candidates for election to the Board are given access to common area meeting space, at no cost, for purposes reasonably related to their campaigns.

2.2 Access to Common Area Meeting Space – Other Matters. Whenever the Board places a matter before the Members which requires Member approval, the Board shall ensure that Members advocating a point of view on the matter are given access to common area meeting space, at no cost, for purposes reasonably related to advocating their point of view, whether or not they agree with the point of view advocated by the Board on the matter at issue.

Article 3                      VOTING BY SECRET BALLOTS

For a vote on any of the matters specified in Civil Code section 5100(a), voting by the Members shall be conducted by secret ballot using a “double envelope system” as described in Civil Code section 5115(a). Ballots and two envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the Association to all Members entitled to vote in such vote or election.  Ballots shall be distributed a minimum of thirty (30) days prior to the deadline for voting. These matters are: (i) elections regarding assessments legally requiring a Member vote, (ii) election and removal of directors, (iii) amendments to the governing documents, and (iv) grants of exclusive use of common area property pursuant to Civil Code section 4600.

For votes on any other matter, votes may be by secret ballot or by written ballot, and ballots may be distributed a reasonable time (which may be less than thirty (30) days) prior to the deadline for voting.

Article 4                      INSPECTORS OF ELECTION

4.1 Appointment of Inspectors. Whenever there is a membership vote or election, the Board shall appoint one or three inspectors of election.

4.2 Qualification of Inspectors of Election. Inspectors may be any persons the Board reasonably believes to be independent with respect to the matter or matters being voted on and may include the Association’s manager, accountant, or legal counsel or Members of the Association, but may not be a Member of the Board or a candidate for election to the Board or a family member of a current Member of the Board or of a candidate.

4.3     Indemnification of Inspectors; Liability Insurance. Inspectors of election shall be deemed to be agents of the Association for purposes of Corporations Code section 7237 and shall be entitled to indemnification by the Association to the fullest extent provided by law. As provided in Corporations Code section 7237(i), the Association shall have the power to purchase and maintain insurance on behalf of any agent of the Association against any liability asserted against or incurred by the agent in his or her capacity as an agent of the Association or arising out of the agent’s status as such, whether or not the Association would have the power to indemnify the agent against such liability under the provisions of Corporations Code section 7237.

Article 5                      CANDIDATES FOR THE BOARD

5.1 Qualification of Candidates. Candidates for the Board must be Members in good standing and must meet any other qualifications or restrictions set forth in the Bylaws. Co- owners of one or more Lots or Units may not serve on the Board at the same time (Bylaws   Article VII, Section 2(iii)). “Member” means a person who holds legal title to the property (i.e., is named in the deed for the property).

5.2 Nominations. The Board shall publish or post a notice recruiting candidates for the Board and stating the deadline for receipt of nominations. Any Member who satisfies the qualifications may place his or her name in nomination for the Board by giving written notice to the Board before the published deadline for receiving nominations. In addition, the Board may recruit qualified candidates and/or may appoint a Nominating Committee to nominate qualified candidates.

5.3 Notice of Known Candidates. After the deadline for nominations of candidates for the Board, nominations shall be closed. The names of all persons who are qualified candidates for election to the Board shall be set forth on the ballots. No “write-in” candidates shall be permitted on the ballots in the election of directors.

Article 6                      MEMBER VOTING RIGHTS

6.1 Qualification for Voting. Only Members in good standing shall be allowed to vote. A Member shall be deemed to be in good standing unless, after notice to the Member and an opportunity for hearing, the Board has found the Member to be not in good standing and has so notified the Member in accordance with Civil Code section 5855(a). As long as any co-owner of  a Lot or Unit is not in good standing, no vote shall be permitted for the Lot or Unit.

6.2 Voting Power of Each Membership. On each matter before the Members, only one vote shall be cast for each Lot or Unit. Once a ballot is received by the inspector of election, it may not be rescinded.  Cumulative voting is not permitted in the election of directors.

6.3 Election by Acclamation. If, as of the published deadline for receiving nominations, the number of qualified candidates for election to the Board is not more than the number of directors to be elected, then the qualified candidates shall be declared elected and shall take office at the first Board meeting following the deadline for nominations or, if later and an annual meeting is held, then at the first Board meeting after the annual meeting. Written notice of the election shall be given to the Members.

6.4 Proxies. In any election or vote of the Members conducted by the Association, only official ballots issued by the Association shall be counted as votes. Proxies are not ballots and are not valid as votes in any election or vote conducted by the Association.

January 11, 2016


Sustainability at The Lodge Restaurant & Pub



The Lodge Restaurant & Pub is proud to offer guests greener and healthier dining options. When possible, The Lodge uses the finest products available, including organic meats, locally grown produce and no trans fats in preparing your meals. Beyond the plate, The Lodge has an extensive sustainable wine list. Sustainable wines are harvested using renewable resources to protect our soil, air, water and animal life while producing high quality grapes.

“With growing health trends, many people want to know where their food comes from and how it’s prepared, and the same principles apply to wine,” said Christen Holland, Lodge general manager. “Fresh, organic ingredients are a priority to us and our guests, which is why we support wineries that commit to organic and sustainability practices.”

The Lodge is pleased to offer over 30 sustainable varieties to choose from that pair wonderfully with all of our dishes, including summer favorites: pan-roasted chicken in bourbon bbq sauce, braised Angus short ribs with a port wine demi, or even our watermelon and arugula salad topped with lime and balsamic gastric.
Watermelon and Arugula Salad

Watermelon and Arugula Salad

A few sustainable wine selections we encourage you try on your next lunch or dinner visit include Paul Hobbs “Crossbarn” Chardonnay, Handley Pinot Noir, Heitz Cellars Cabernet and Sauvignon Blanc, Keenan Merlot and Trimbach Pinot Blanc. When viewing our wine menus at the restaurant or online, sustainable and eco-friendly wines are adorned with a green leaf next to their names for quick and convenient viewing. We hope you enjoy our sustainable wines as much as we do.

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July 30, 2015

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Water Conservation: What is Your Role?



Water Conservation: What is Your Role? – As you are aware California is experiencing a severe drought.  Governor Brown signed into effect emergency drought regulations this spring with subsequent updates and more rigid prescriptive restrictions effective June 1.  Truckee Donner Public Utility District, as Tahoe Donner’s water supplier, has put into effect their water conservation regulations and program.  Their target for water conservation, as set by the state, equates to a total 28% reduction in usage on 2013 water usage.  TDPUD’s regulations and programs apply to private residence and commercial operations such as Tahoe Donner. See Frequently Asked Questions.

Tahoe Donner and its staff, that’s you and your employees, need to take a proactive approach in water conservation efforts to assist in achieving water conservation targets.

For Tahoe Donner to reach a 28% water usage reduction target, operations will need to reduce use by approximately 10 million gallons of water for the year.  To aim for this, the company needs you and your staff to help reduce water waste and usage through a multitude of behavioral changes, as well as capital improvements.

To address for improved reduction in percentage of water use/waste, this is what is planned:

1.    Golf Course –The golf course will be completing capital projects with regards to irrigation heads for greater efficiency and efficacy.  Additional coordination on turf treatment will be applied, e.g. time of watering on Tuesdays and Fridays, etc.

2.    Trout Creek – A capital project will be proposed to replace all shower dials with push button reducing length of showers, removal of outdoor shower, long-term = reduce/remove grass in playground area.

3.    F&B – F&B Management to review kitchen prep practices, reduce running water during prep.  Dishwasher full wash only.  Water is only served when requested (new CA law!)

4.    Marina – A capital project will be proposed to replace all shower dials with push button reducing length of showers, f&b management review of kitchen prep practices, reduce running water during prep.  Dishwasher full wash only. Water is only served when requested (new CA law!)

5.    Campground – A capital project will be proposed to replace all shower dials with push button reducing length of showers. Wash machine; review and possibly replace with high water efficient machine if needed

6.    Association wide- Spicket head replacement in public areas to trigger dial.

7.    Landscape watering association wide on 2xper week watering as was practiced last summer; and replacement of sprinklers in beds to drip system.

8.    Leak detection – audit of all facets, hose bibs, etc. for drip/significant leaks = repair

Water conservation mindfulness is key to savings!

June 15, 2015

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Tahoe Donner Turns Smoke-Free for Fire Safety



TAHOE DONNER IS NOW A SMOKE-FREE WORKPLACE AND RESORT

Tahoe Donner Association is taking the lead on reducing fire danger this summer and fall through the implementation of a smoking ban on all Tahoe Donner-owned property. Tahoe Donner Association board of directors voted on Saturday, May 30, 2015, to prohibit smoking at all amenities, common areas, and other association-owned properties as a result of extreme fire danger effective June 1 through the end of the year. This ban includes such facilities as the golf course, parking lots, open space and trails.

Pursuant to authorities provided under the Tahoe Donner Association, Covenants Rule, II. General Common Area, Other Association Owned Property and Amenity Rules, “Smoking at outside amenities is limited to those areas where cigarette ash receptacles are provided. During periods of extreme fire danger, as designated by local, state or federal authorities, smoking may be prohibited at all outside amenities, on common areas, and on other association-owned properties.” The board initiated the smoking prohibition.

Fines for violation of the smoking rule start at $50 and may be assessed, per incident, on a daily, weekly, or monthly basis according to the nature and severity of the infraction and at the discretion of the Covenants Committee. Smoke-free does not apply to homeowners’ properties or e-cigarettes.

For those looking to quit smoking, please consider the following free programs:

  • Tahoe Forest Hospital Free Kick Nicotine Program held on Mondays. For more information or to register, contact Kirk Ditterich at 530.582.8207.
  • Tahoe WoRX Occupational Health office also has programs available. Contact them at 530.582.3277 or stop by for the smoking cessation program flyer. The WoRX office is located in the medical center building (10956 Donner Pass Rd, Ste 230), across the street from Tahoe Forest Hospital.
  • Visit smokefree.gov which is sponsored in part by Nevada County Health. This site will provide tools and programs available.

Remember, one less spark is one less wildfire. Thank you for your cooperation and fire prevention support. For questions or more information, please contact Director of Facilities and Risk, Annie Rosenfeld, at 530-582-9630 or by email at arosenfeld@TahoeDonner.com.

June 8, 2015

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Sewer System: Help Protect Our Environment



DON’T RUSH TO FLUSH

Next time you go to flush your toilet, wait and think. What goes down the drain has an impact on the sewer system and our local environment. Here are three simple things the Truckee Sanitary District (TSD) wants everyone to be aware of before they flush:

1. “Flushable” wipes clog pipes. The manufacturers of these convenience products want you to believe these wipes will decompose in the sewer. Unfortunately, they don’t. Flushable wipes clog pipes, pumps and cause sewer spills and backups into homes. If it’s not toilet paper, then throw it in the trash, not the toilet.

2. Keep your sewer FOG free. FOG or Fats, Oils, and Grease are often disposed of down the sink. Unfortunately, these products quickly harden and stick to the inside of the sewer system restricting flow. Never pour bacon grease or other fats and oils down the drain. Let them harden in the pan and scrape them into the garbage or pour them into a safe container and dispose of them in the garbage.

3. Prescription Drugs and Over-The-Counter Medications. These products contain chemicals that you don’t want entering the water supply. Even though our sewage is highly treated, many of these chemicals are not removed. The best way to dispose of drugs and medicine is to make them undesirable, such as crushing them and then mixing with coffee grounds or dirt before sealing them in a plastic bag and disposing in the trash. Another option is to take advantage of community drug take-back programs.

Every home in Tahoe Donner is connected to the public sewer system. Proper use of the sewer system keeps it operating smoothly, saves money, and protects the environment. For more information about the sewer system, go to TSD’s website at www.truckeesan.org.

May 22, 2015

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