Resolution #3.03 Pine Mountain Lake Association Resolution Adopting Short-Term Rental Permit Policy
In accordance with Pine Mountain Lake Association’s CC&R’s, Article III, Section 7(c), Adoption and Amendment of Rules, the Board of Directors has approved adoption of Resolution 23.03 Pine Mountain Lake Association Resolution Adopting Accessory Dwelling Unit (ADU) Policy.
The purpose of this resolution is to update the policy regarding the use and occupancy of accessory dwelling and junior accessory dwelling units in Pine Mountain Lake Association, in accordance with current state law.
This amendment was published in the December edition of the PML News and posted on the PML website for member review and comment.
This amendment of Resolution 23.03 was approved and adopted by the Board of Directors at a duly noticed meeting on January 18, 2025.
Resolution 23.03
Adopted: 05/20/2023
Amended: 01/18/2025
PINE MOUNTAIN LAKE ASSOCIATION RESOLUTION ADOPTING ACCESSORY DWELLING UNIT POLICY
SUBJECT: Adoption of an Accessory Dwelling Unit Policy.
PURPOSE: To establish a policy governing the planning, permitting, approval, construction, use and occupancy of accessory dwelling and junior accessory dwelling units in Pine Mountain Lake Association.
AUTHORITY: The Declaration, Bylaws, and Articles of Incorporation of the Association, California Law and Tuolumne County Ordinance Code.
EFFECTIVE
DATE: January 18, 2025
WHEREAS, an Accessory Dwelling Unit (“ADU”) means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. AN ADU must include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling (“SFD”) or multi-family dwelling (“MFD”).
WHEREAS, a Junior Accessory Dwelling Unit (“JADU”) means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
WHEREAS, a Guesthouse means a detached building occupied by guests without compensation of any kind as a condition of occupancy and used as sleeping quarters only, without cooking or housekeeping facilities.
WHEREAS, the Board of Directors has determined that the construction and occupancy of ADUs and JADUs in PMLA will impact the financial, operational, enforcement and maintenance needs of the Association;
WHEREAS, the State of California has enacted laws to allow the construction of an ADU or JADU on properties with an existing SFD or MFD;
WHEREAS, the stated purpose and intent of allowing ADUs and JADUs to be constructed on properties with existing SFDs and MFDs is to increase the amount of available, affordable long-term housing in California;
WHEREAS, the new ADU and JADU laws do not address the conflicts and negative impacts of adding additional housing to parcels in existing planned unit developments;
WHEREAS, the Board of Directors anticipates the influx of ADUs and JADUs in PMLA will increase the financial requirement from the membership due to an increase in operational needs and governing document enforcement activity to maintain current standards and the quality of life for residents in the community;
WHEREAS, the Association can generally be more restrictive than the State or County in adopting certain policies and rules unless otherwise specifically prohibited by law;
WHEREAS, the Board of Directors has determined that an ADU policy is necessary to protect the assets of the Association and its ability to repair, maintain and operate the facilities and common area and enforce the governing documents for the benefit of the membership;
1. NOW, THEREFORE BE IT RESOLVED, The Board of Directors adopts the following ADU policy and operational rules:
2. No ADU or JADU may be rented or leased for a period of less than 30 days.
3. Owner-occupancy is required in a SFD in which a JADU is constructed.
4. An ADU or JADU may not be rented or leased if an existing SFD or MFD on the property is being rented or leased.
5. No ADU or JADU may be rented or leased unless the property owner maintains and occupies the adjoining single-family dwelling or multi family dwelling as their fulltime, primary residence.
a. Alternatively, the property owner may maintain and occupy an ADU located on their Lot and rent or lease the single-family dwelling or multi family dwelling.
6. A Guesthouse is not an ADU or JADU. A Guesthouse may not be rented or leased.
7. No Guesthouse may be fully converted into an ADU.
8. No single-family dwelling may be fully converted into an ADU.
9. No multi family dwelling may be fully converted into an ADU.
10.Property owners who rent or lease their ADU or JADU must comply with all Association rental rules and policies.
11. The total floor area of an attached ADU shall not exceed 50% of the existing primary dwelling.
12. The total floor area for a detached ADU shall not exceed 1,200 square feet.
13. The required setback for an ADU shall be at least four (4) feet from side and rear lot lines.
14. All ADUs and JADUs shall also be constructed in compliance with applicable California law and Tuolumne County Ordinance Codes including, without limitation, Tuolumne County Ordinance Section 17.52.200.
15. All ADUs and JADUs shall also be constructed in compliance with all applicable rules of the Pine Mountain Lake Association, including the Architectural Guidelines.
16. ADUs must not be sold or conveyed separately from the primary residence on any Lot unless the County of Tuolumne has adopted an ordinance, pursuant to Government Code §§66342 that allows the Lot owner to create a condominium project for such separate sale or conveyance. In addition to any requirements imposed by the County, Members must not record a condominium plan for the separate sale or conveyance of the primary Residence and ADUs under Government Code §§66342 without the Association’s approval. For purposes of this section, approval of Association means approval of the Board and approval of at least sixty-seven percent (67%) of the Association’s members. The vote of the Association’s members must be held pursuant to the requirements of Civil Code §5100-5145. The Members of the Lot shall be responsible to reimburse the Association for all costs incurred in holding a membership vote to allow the separate sale and conveyance of an ADU from the primary residence. Any person or entity acquiring title to any ADU or primary residence that is sold as a condominium shall not be deemed to be a Members or Members of the Association and shall have no voting rights or responsibility to pay the Assessments, unless they are the record Member of the Lot. The Member of the Lot shall continue to be a Member of the Association and shall continue to be solely responsible for all rights and obligations under the Association’s Governing Documents, including voting rights, and the obligation to pay Assessments imposed on the Lot, and the conduct of residents on the Lot including an ADU owner.
With the adoption of this resolution, the Board of Directors hereby rescinds or nullifies any portion or provision in any previous resolution, policy or rule until such time that the resolution, policy or rule can be updated to reflect the adoption of this resolution.
Nothing in this Resolution is intended to unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an ADU or JADU consistent with the provisions of the California Government Code.
The Association Board of Directors reserves the right to update, amend or rescind this resolution as appropriate in the future.
Resolution #25.01 Pine Mountain Lake Association Resolution Adopting Association Board Meeting Audio/Video Recording Policy
In accordance with Pine Mountain Lake Association’s CC&R’s, Article III, Section 7(c), Adoption and Amendment of Rules, the Board of Directors has approved adoption of Resolution 25.01 Pine Mountain Lake Association Resolution Adopting Association Board Meeting Audio/Video Recording Policy.
The purpose of this resolution is to establish a policy governing the audio, video or digital recording of any official Pine Mountain Lake Association Board meeting.
This new resolution was published in the December edition of the PML News and posted on the PML website for member review and comment.
This adoption of Resolution 25.01 was approved and adopted by the Board of Directors at a duly noticed meeting on January 18, 2025.
Resolution # 25.01
Adopted: 01/18/2025
PINE MOUNTAIN LAKE ASSOCIATION RESOLUTION ADOPTING ASSOCIATION BOARD MEETING AUDIO/VIDEO RECORDING POLICY
SUBJECT: Adoption of an Association Board Meeting Audio/Video Recording Policy.
PURPOSE: To establish a policy governing the audio, video or digital recording of any official Pine Mountain Lake Association Board meeting.
AUTHORITY: The Declaration, Bylaws, and Articles of Incorporation of the Association, and California Law.
EFFECTIVE
DATE: January 18, 2025
WHEREAS, the unauthorized recording and use of such recordings of official Association board meetings can lead to legal disputes, potential liability for the Association, and violations of members' privacy;
WHEREAS, official Association board meetings frequently involve discussions about potentially sensitive or private issues, including financial matters, member feedback regarding community policies, and legal matters;
WHEREAS, the Board of Directors recognizes the importance of maintaining transparency and open communication during official Association board meetings, while also protecting the privacy and rights of all participants. The purpose of this resolution is to establish clear guidelines regarding the use of audio and video recordings during official Association board meetings to prevent unauthorized recordings and mitigate potential negative impacts on the community;
WHEREAS, Unauthorized recordings could infringe on the privacy rights of members, board members, and other attendees, leading to a chilling effect among participants, discouraging open and honest discussions, which are essential for effective community governance;
WHEREAS, Unauthorized recordings of Association board meetings, can be edited or taken out of context, leading to the spread of misinformation within the community, creating conflict and mistrust among the membership, and damaging the reputation of the board, management and individual members;
WHEREAS, the unauthorized posting of recordings of official Association board meetings exposes the Association to unwanted public scrutiny and promotes an inaccurate perspective about our community to potential new homebuyers and visitors;
WHEREAS, the Association can generally be more restrictive than the State or County in adopting certain policies and rules unless otherwise specifically prohibited by law;
WHEREAS, the Board of Directors has determined that an Association Board Meeting Audio and Video Recording Policy is necessary to protect the reputation and assets of the Association and its ability to operate the facilities and common area and enforce the governing documents for the benefit of the membership;
NOW, THEREFORE BE IT RESOLVED, The Board of Directors adopts the following Association Board Meeting Audio and Video Recording Policy and operational rules:
1. The recording of official Association board meetings is prohibited except by PMLA staff or vendors authorized by the Board of Directors. No official Association board meeting recording may be posted online or distributed in any manner without the specific, written approval of the Board of Directors.
2. If the Board of Directors authorizes the recording of a board meeting, all attendees will be informed at the beginning of the meeting that recording is taking place. The announcement by the meeting chairperson will include the purpose of the recording and how the recordings will be used.
3. Members who wish to use the option of attending official Association board meetings virtually, online through the use of the ZOOM platform or any other method provided by the Association may be required to provide their name, property Unit and Lot number, street address, email, telephone number and property owner Personal Identification Number (PIN) during registration, before they receive a link to attend the meeting.
4. Any individual found to be recording an Association board meeting without proper authorization by the Board of Directors will be asked to stop recording immediately. Continued unauthorized recording may result in removal from the meeting, and the individual may be subject to disciplinary action, including but not limited to fines, legal action, or suspension of association privileges as permitted by the governing documents and applicable law.
5. Any individual who posts or distributes in any manner, any type of recording of an official Association board meeting without proper authorization by the Board of Directors may be subject to disciplinary action, including but not limited to fines, legal action, or suspension of association privileges as permitted by the governing documents and applicable law.
With the adoption of this resolution, the Board of Directors hereby rescinds or nullifies any portion or provision in any previous resolution, policy or rule that conflicts with this resolution until such time that the resolution, policy or rule can be updated to reflect the adoption of this resolution.
The Association Board of Directors reserves the right to update, amend or rescind this resolution as appropriate in the future.
