Here is Why I am Not in Favor of the Proposed New Hamilton Governing Documents

Have you read the new Hamilton Field of Marin Association governing documents cover-to-cover and compared them with the old ones? Well, we all have more interesting things to do, but here are four reasons I will be voting "NO" on the new documents:

PARKING:  
If you vote yes for the new CC&Rs, you are voting to ban parking in driveways. Yes, this has always been in the CC&Rs provided by the City of Novato and has been ignored. So let’s change it!! Let’s not spend a lot of $$ on new CC&Rs without fixing the things that are wrong with the current ones.

PERIMETER WALLS: 
OK, so when you drive down Hangar Avenue or Hamilton Parkway you see a
sea of perimeter walls surrounding each neighborhood.  They should look good because they are highly visible. The following has been added to our CC&Rs:  "The Owner shall be responsible for all aspects of maintenance, repair and replacement of that length of wall which lies upon his or her lot."  This is pure craziness. Each owner will replace their small segment if needed?  What will it look like? How would we make it look seamless?  Is it fair to those owners? The Association should take responsibility for the walls. It affects all of us.

RULES and REGULATIONS:  Now this is the big sleeper issue here. Currently the association has no power to make “rules” about how we live.  Now condo law enters our lives. For the first time the Association has “jurisdiction over every person.” The Board can make “rules” governing life in our neighborhoods.  I understand why they need these rules in condos to keep people from playing their music too loud or regulate the use of the laundry room.  But do we want to give the Board power to “govern” us in this way?  Keep in mind that HOA boards tend to attract people who like rules. 

POLICE POWER: This has been increased with new legalese. That’s what attorneys get paid for. In any dispute (maybe against the new rules?) you will be forced to pay half of mediation charges, including any dispute another neighbor may have with you.  The board can also be run by “executive committee,” which could mean your elected neighborhood director will be powerless to intervene on your behalf, nor can you vote the executive committee out of office.

There is always pro and con to every issue.  When we give the Association and Board increased power they can use it in ways we agree with or disagree with.

Marie Hoch
Southgate Board Director