Definitions
- BOD - Board of Directors
- CC&Rs - Covenants, Conditions & Restrictions
All documents are available here.
Governance - Frequently Asked Questions
Who can change the CC&Rs?
CC&Rs can be changed at any time by a vote of 51% of the entire membership.
Who can change the Bylaws?
Bylaws can be changed by a vote of 51% of members who attend (or are represented by proxy) a special meeting called specifically for modifying the bylaws. At least 20% of the entire membership needs to be represented at the meeting to make it valid.
The Bylaws can also be changed via mail-in ballot by 51% of the entire membership.
Source:
- Bylaws Article 9, paragraph 1
Who can call a meeting of the DSCA Membership?
Meetings need to be called occasionally for the purpose of changing the bylaws or CC&Rs, approving a budget, or other types of governance decisions. Here are the conditions that must be met to call such a meeting:
- The President can call a meeting by notifying the membership (even if other board members don't want it).
- A majority of Board member can call a meeting (even if the President doesn't want one).
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10% of the Membership can call a meeting (even if the BOD does not want one).
- Bylaws Article 4, paragraph 2
How are Dues determined?
The Membership comes together once a year at a special meeting to establish dues for the next year.
- Bylaws Article 5, paragraph 1
The BOD must establish dues before the year starts.
- Bylaws Article 8, paragraph 2
What are the privileges of the President?
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The President is the only officer that can sign contracts.
- Bylaws Article 6, paragraph 2.
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The President can call a meeting of the membership.
- Bylaws Article 4, paragraph 2.
Other than the above two privileges, the President has no more power or influence than the other member of the board.
What's up with all the sheds?
Buildings in DSCA must comply with both the CC&Rs as well as San Juan County building codes.
Shed rules for DSCA
Before any structure is built on a lot, a site plan must be approved by the architectural committee. This is typically a picture of the lot showing the location of the eventual habitable dwelling, in addition to any guest houses or accessory structures. Once the site plan is approved, a shed can be constructed.
If the architectural committee fails to approve or disapprove the application within 30 days, lot owners can move forward with their construction plans without the feedback of the architectural committee.
- Source: CC&R 72732, Section 3c.
The CC&Rs call out the difference between a 'temporary shed' and an 'outbuilding'. Temporary sheds must be removed within 18 months. Very few people build 'temporary sheds'. Most of the sheds in DSCA are 'outbuildings' made for permanent construction. These are totally valid to bulid, once the architectural committee approves the site plan.
- Source: CC&R 72732, Section 3d.
Shed rules for the County
A building with a square footage or 400 feet or less (as measured by the roof area) can be built without a permit.
In an email exchange I had with the chief building inspector, he broke down the following definitions used by the county:
- Dwelling contains three elements: a sleeping room, a bathroom, and a kitchen. These buildings must have an occupancy permit.
- Bunkhouse is has a place to sleep and either a bathroom or a kitchen, but not both. These building must also be permitted.
- Non-habitable space can only contain one of the three elements. These buildings do not need to be permitted.
Many 'sheds' in the neighborhood are permitted with the county and are either dwellings or bunkhouses. Some sheds contain neither a kitchen or a bathroom, and are thus considered 'non-habitable space' and do not require a permit.