The Document Normalization Vote does not take any new property rights away from members.

We are now over 87% of total votes and only need 11 more votes to hit 90%. We have been told that is enough votes to reach a consensus. Please there are still 52 members who have not voted. So, place your vote so we can bring this vote to a close.

Some have said that these rules affect Short Term Rentals this is not correct. This document normalization does not have any restrictions for STRs. The county has implemented their own enforcement people and SPA supports the county.

What rules in CCR vote impact property rights

There are a couple of members who have said the Guiding Document Normalization vote is taking away your property rights. That is not correct. These rules were legally added to our By Laws in 2009. What is changing is by having these rules in the CC&R, those simple rules would require 75% of all lot owners to change instead of a simple majority of a meeting under the By Laws.

These are the rules in our proposed CC&Rs that impact property rights.

ARTICLE 11 (of the proposed CC&Rs)
USE RESTRICTIONS; ENFORCEMENT (these property restrictions were transferred to the CC&R from the Bylaws. Main difference is CC&Rs require 75% of all property owners to change. Currently under the By-Laws these can be revised or deleted by a majority of a meeting).

ARTICLE 11 (of the proposed CC&Rs)
USE RESTRICTIONS; ENFORCEMENT

11.1 Residential Use. 

(This clause was restated from the County CBR building zone regulations affecting most of SPA) 

Each Lot may be used only for one single-family residence. No structure or object other than a permanent residence affixed to a foundation may be built on each Lot. No trailer, camper, basement, shed, garage, or barn may be used as a temporary residence for more than fourteen (14) days within a one-year period without prior Board approval or as a permanent residence. The term “residence” in these standards means a main residential structure attached to a fixed foundation and attached or detached accessory structures such as garages, decks, and storage sheds. Minimum Lot size is one acre. Each Lot must have a minimum Lot width of 100 feet. The length to width ratio may not exceed 1:3. All residential structures shall be constructed on-site (pre-cut, on-site assembled homes are permitted). All trailers, mobile homes, and modularly built homes pre-constructed off-site for movement over highways are prohibited. 

11.2 Hazardous Conditions. Owners shall maintain their property free of hazardous conditions or general nuisances including but not limited to: 

1. Unprotected excavations more than four feet in depth;
2. An accumulation of dead or dying trees, brush or other flammable materials; 
3. Unused refrigerators, freezers or similar appliances accessible and dangerous to children; 
4. Structurally unsafe buildings such as one damaged by fire; 
5. Garbage or odorous materials;
6. Dogs allowed to run freely out of sight of the Owner; 
7. Burning that threatens property and/or health; and 
8. Dead or uprooted trees not removed thirty (30) days after a Board order for removal.

11.2 Yard Maintenance; Setbacks. 

(This clause was restated from the County CBR building zone regulations affecting most of SPA) 

No part of the residence may be located in the yards required herein. The required front yard shall be 20 feet. The required rear yard shall be 20 feet, except that on a corner yard it shall be 10 feet. The required side yards shall be 10 feet, except that on a corner Lot the minimum street side yard shall be 20 feet. Exceptions: 

1. For Lots created prior to September 30, 1980 that are less than minimum size, side yards must be at least five feet. 
2. Accessory structures separate from the main building may be located within five feet of a side or rear Lot line. 
3. The main building front steps may project into the front open space. Gutters, chimneys, eaves, and similar architectural features may project not more than two feet into required yards, and surface structures (such as patios) not more than 30 inches high may be located within required yards. 

11.4 Views Lines. 

(This clause was restated from the County CBR building zone regulations affecting most of SPA) 

1. No part of any residence or other construction, nor any other object intruding on views to the west of the ocean-front setback line defined herein, may be placed to the west of that line. Trees, bushes and other vegetation west of that line before October 17, 2009 may be maintained, but no vegetation that may obstruct views may be planted west of the line after that date. 
2. If there are buildings to both the north and south of the Lot, the ocean front setback line for the Lot is a line drawn from the most seaward parts of the foundations of the nearest buildings to the north and south. Otherwise, the ocean setback line is a line parallel to the Ocean Drive right of way drawn at a distance from the midpoint of that right of way equal to the shortest distance from the midpoint of the right of way to the most seaward part of the foundation of the nearest building to the north or south of the Lot. 
3. “Building” for the purpose of establishing a setback line means a principal residence structure attached to a fixed foundation and does not include decks and similar accessory 
4. No subdivision, Lot reconfiguration or similar action may create a right to build beyond the lines set forth in these rules. 
5. No part of any residence, or any other object except flagpoles in compliance with county ordinances, shall be built or installed above a maximum height of 26 feet east of the Ocean Drive right of way or 18 feet west of the Ocean Drive right of way. The height of a structure or other object is measured from the average height of undisturbed ground at the four principal corners of the main structure. This subsection does not apply to trees or other vegetation. 

11.5 Maintenance of Lots. Owners must repair seriously deteriorated building structures, exterior walls, roofs, fences, driveways, sidewalks, walkways and parking areas. 

11.6 Outdoor Storage. Storage of items (other than stacked firewood) including but not limited to tires, lumber, household appliances, furniture, fixtures or inoperable vehicles is permitted only within the confines of a house, garage or storage port. 

11.7 Screening; Parking. Except as provided herein, the following must be screened from view from the street by being kept either within the confines of an enclosed garage or storage port, or behind shrubbery or a screening fence: Boats, trailers, campers, truck campers, light recreational vehicles, light recreational equipment, trucks (other than pickups), more than four autos or pickups, or vehicle repairs other than emergency repairs. The foregoing vehicles may be parked in view from the street on a temporary basis, for not more than one hundred twenty (120) consecutive hours. 

11.8 Rules and Regulations; Enforcement. If it appears to the Board at any time that a violation of the Declaration or the Bylaws has occurred the Board shall send a notice to the violation Owner. The notice shall provide the Owner with the opportunity to schedule a hearing not less than thirty (30) days after notice of the hearing and its purpose is mailed by certified mail to the Owner at the address that appears in the records of the Association or actual residence. The Board may adopt further rules and regulations interpreting this Declaration and the Bylaws governing the use of Lots and conduct of Owners. Such rules may include procedures for enforcement and a Schedule of Fines for violations of use restrictions provided in this Declaration, the Bylaws, or any adopted rules and regulations. 

11.9 Actions by Owners. Subject to ORS 94.630(4), an aggrieved Owner may bring an action against another Owner or the Association to recover damages or to enjoin, abate or remedy such thing or condition by appropriate legal proceedings. 

We still have 52 properties as of 3-3-21 who have not voted. If you feel that these are too extreme, then vote them down. If you feel they are appropriate vote yes. However, until we have a consensus of what all members want (306 yes or 102 no votes out of the 408 SP lots) then we have waisted our time.