Reciprocal Easement

As provided in Civil Code section 4095, a reciprocal easement can be considered “common area” in a planned development. An easement is considered a reciprocal easement if a group of owners have easements across each other’s property for a given purpose. A reciprocal easement would exist if a 30-foot wide road covered the front 15 feet of each owner’s property, and the road provided ingress and egress through an association across the other owners’ property. Another example would be a bridle trail or walking path that all owners have a right to use across the properties of their fellow owners. If a planned development must maintain or share in the cost of maintaining a reciprocal easement, then it can be considered common area in that association.

Resignation

The voluntary relinquishment of office by a director, officer, or committee member. The resignation may be effective upon submission of the resignation, or it may specify a later date, upon which date the resignation is effective.

Rats

Rodent infestation is a serious problem that must be dealt with quickly and decisively. Unlike wood destroying pests such as termites, the Civil Code does not assign responsibility for rodent extermination to any specific party. Check your governing documents to see who bears rodent extermination responsibility.

Restrictions

The provisions of the CC&Rs, including those which limit the use of subject real property, establish mandatory association membership and the obligation of owner-members to pay assessments.

Receiver

A receiver is a person appointed by a court to take charge of and manage property at the court’s direction. In rare instances, it may be appropriate to have a receiver appointed to manage an association’s affairs, where a court deems this necessary.

Robert’s Rules of Order

Robert’s Rules of Order is a system of rules for conducting board or member meetings in a structured and orderly manner, often referred to as “parliamentary procedure.” There is an official Robert’s Rules of Order, Newly Revised, now in the 11th edition that is copyrighted by Henry M. Robert III for the Robert’s Rules Association. There are other books that use the term “Robert’s Rules,” some of which are companions to or simplifications also produced by Henry M. Robert or the Robert’s Rules Association and others that are various adaptations and simplifications rules of parliamentary procedure that apparently use the name because of older versions of Robert’s Rules whose copyright has expired. There are other simplified books and pamphlets containing rules of parliamentary procedure. Also see Parliamentary Procedure.

Recording Meetings

There is no requirement that board or owner meetings be recorded. The issue usually arises either when an owner insists on recording a meeting, or does so surreptitiously. The board has the right to adopt a prohibition against such recording, and insofar as the meeting is considered private rather than public, surreptitious recording of the meeting may violation Penal Code §632.

Rules

Governing documents include the operating rules of an association. (Civ. Code §4150) An operating rule is a board-adopted regulation that applies generally to the management and operation of the common interest development or the conduct of the business affairs of the association. (Civ. Code §4340(a)) To be valid and enforceable, operating rules must be reasonable and meet several other specified criteria, including being in writing and within the authority of the board. (Civ. Code §4350) Issues such as architectural control, landscaping, parking and common area use are common examples are commonly regulated through rulemaking. Specified rules must be adopted, including, but not limited to, election rules. Adoption of most operating rules can only be accomplished through following the rule-making procedures set forth in Civil Code section 4360.