Special Assessment Results - It's a Yes!
Aug 2, 2019
Anybody up for getting a new Cabana built? I know for a fact that at least 236 of you are.
The final vote (371 valid ballots received) was as follows:
• YES - 236 63.6%
• NO - 131 35.3%
• ABST - 9 1.1%
We needed 246 ballots returned to have a quorum and once we got that, we needed 50%+1 of
the returned ballots to pass. In another words, we needed a “majority of a majority.” We got
63.6%! I know some of you are asking yourselves, “I thought we needed 50%+1 (246) of the
membership to pass”.
Well, that’s what we originally thought, too. However, given some of the controversy and
comments we were hearing from some residents, we wanted to confirm and double check that
we were doing everything correctly and by the word of law. We found that the law had changed.
Here’s what we found on the Davis-Stirling website (link to the law provided below):
Super-Majority Requirements Invalid. Governing documents that require a super-majority for assessment approval are invalid, such as: approval by a majority of the membership or approval by a majority of a quorum where the quorum is 2/3 of the membership. Such provisions are superseded by the Davis-Stirling Act.
Approval Defined. For purposes of a special assessment, the approval requirement is set by
statute rather than the governing documents. Regardless of anything to the contrary in an
association's governing documents, special assessments are approved by a majority of a quorum
of the membership. The Davis-Stirling Act defines a quorum to mean more than 50% of the
owners of an association. (Civ. Code §5605(c).) It then defines a majority of a quorum to mean
the affirmative vote of a majority of the votes cast, which votes also constitute a majority of the
required quorum. (Civ. Code §4070.)
For Example: In an association of 100 members, 51 ballots must be returned to constitute a
quorum. Of those, at least 26 must vote for the special assessment. If 60 ballots are cast, at least 31 must vote in the affirmative. And so on.
Secret Ballot. A membership voting on a special assessment must be done by secret ballot using election rules duly adopted by the association. Membership approval is at a special meeting called for that purpose or entirely through a mail-in ballot. In our example, in an association of 489 members, 246 ballots must be returned to constitute a quorum. If 371 ballots are cast, at least 186 must vote in the affirmative. We received 236 Yes votes so the Special Assessment is approved.
If you desire, here’s the link to the D/S website and this information: https://www.davis-
stirling.com/HOME/Membership-Approval. A letter explaining all of this from our attorney will be in the next Bee and on our website.
CONGRATULATIONS FIESTA GARDENS! WE’RE GETTING A NEW CABANA!
Once again, THANK YOU to everyone who VOTED and our volunteers who helped make this
happen from the beginning. More info will be coming soon regarding payments and construction.
SIGN OUR PETITION - WE SAY NO TANKS!
Sign our petition requesting San Mateo City Council to remove Fiesta Meadows Park from consideration as a site for an underground sewage overflow storage tank.
For more information about latest events in regards to the Underground Sewage Tank and our efforts please contact us at WeSayNoTanks@gmail.com.
Learn more about the
Clean Water Program
October 4th and October 6th
San Mateo City Hall
Wear green to represent Fiesta Gardens!
Contact City Council!
Please let your Council Members know that you do not want an underground sewage overflow tank in your neighborhood!
Please click on green button below for a template letter we have provided for you to edit, sign, print and mail/email to our Council Members:
Our San Mateo City Council
Mayor Joe Goethals: email@example.com
Deputy Mayor David Lim: firstname.lastname@example.org
Council Member Rick Bonilla: email@example.com
Council Member Maureen Freschet: firstname.lastname@example.org
Council Member Diane Papan: email@example.com
Did you know that Fiesta Meadows Park is one of the 5 sites being considered for an underground storage facility for sewer overflow in San Mateo? This would mean 4 years of work with large trucks going in and out of our neighborhood and work happening in the neighborhood - and that's just the set up! The purpose of this project is for the City of San Mateo to address wastewater (sanitary sewer) overflows that occur during heavy rains. The City’s Public Works Department is considering potential locations for wastewater storage (in the form of underground basins or tunnels) that, when constructed, will help eliminate these overflows, protect the health of the Bay and public, and ensure compliance with permit requirements. Join us at a community meeting held by the City of San Mateo Public Works Department to provide your input on potential storage options and locations.
Please come out to 2 upcoming Community Meetings October 4 and 6, 2016, 6:30pm to 8:30pm at the San Mateo City Hall Council Chambers, 330 W 20th Avenue, San Mateo, CA 94403. We need to make our voices heard to prevent this football field-sized sewage tank from being put into our neighborhood! At a recent meeting, there were 100 Bay Meadows residents there to make sure it is not placed in their area. We need to make sure FG is also represented. Visit the website to learn more: Clean Water Program, cleanwaterprogramsanmateo.org.
Next HOA Meeting: December 8 at 7:00
ZOOM INFORMATIONAL MEETING FOR THE CABANA REBUILD
WHEN: Sunday, December 13th at 4:00
Find out about the plans and get your questions answered.
We held two SPAR meetings required by the City about six years ago and the City is requiring us to have another meeting as too much time has passed. We know there are a lot of new faces in the neighborhood who want to see the plans.
Fiesta Gardens Homes Association
Update from the Fiesta Gardens Homes Association
Underground Sewage Tank (UST) Task Force
October 30, 2016
As you may know, Fiesta Meadows Park is being considered as a location for a giant underground sewage tank.
Did you know? This project would significantly impact your quality of life, health, safety, and home values and take 4 years to construct. We need to influence the City NOW to take our neighborhood off the list of proposed sites. The City Council will receive a recommendation on December 14, 2016 and make a decision on January 17, 2017.
Our FGHA Board has assembled a UST Task Force to organize our efforts to take our neighborhood off the proposed sites list. The Task Force has been busy behind the scenes researching the potential impacts, reaching out to the neighborhood, circulating a petition, securing letters of support, communicating with key city people, attending city meetings, making presentations to the City Council and Public Works Commission, and strategizing how to best present our case.
The Task Force has assembled a cross-section of Fiesta Gardens residents to make a scheduled, targeted presentation on Monday, November 7, 2016 at the next City Council meeting. There will likely be time at the end of the meeting for public comments, though city staff have advised us that having extended and repetitive comments would likely be more off-putting to the City Council than beneficial.
What can you do?