Notification of Proposed Changes to GRF Documents
Per the action of the GRF Board on Nov. 23, in accordance with Civil Code §4360, Notice of Approval, the Board hereby provides general notice to all Shareholders/Members of the following proposed changes to GRF Governing Documents. All Shareholders wishing to comment on the proposed changes may submit comments by either emailing them to the attention of the GRF Board Executive Coordinator at grfboardaction@lwsb.com or sending them via mail to: Golden Rain Foundation, P.O. Box 2069, Seal Beal, CA 90740, Attn: Proposed Document Revisions. The name of the governing document must be referenced on all correspondence. All comments will be copied to the Board for review and consideration. The Board will take final action relative to the following at its regular Jan. 25, 2022, meeting.
FINANCE 40-5061-2, Fees The following schedule of fees is established by the Golden Rain Foundation (GRF).
1. Facilities and Amenities (Amenities) Fee 1.1. Existing GRF Member (owner and co-owner), Co-occupant and Qualified Permanent Resident(s) are required to pay a one-time, non-refundable Amenities fee. 1.2. The Amenities fee for an existing GRF Member (owner and co-owner), Co-occupant and Qualified Permanent Resident(s) represents a use fee for access and use of the Trust facilities and amenities and participation in GRF activities. 1.3. Non-resident co-owners do not pay an Amenities fee and have no right to use any of the facilities or amenities except as a guest of a Member. 1.4. The Amenities fee is calculated as 25 times the monthly GRF assessment and rounded up to the nearest dollar. The Amenities fee is reviewed annually and is implemented on Jan. 1 of each year. 1.5. Existing GRF Member (owner and co-owner), Co-occupant non-owner(s) and Qualified Permanent Resident(s) may transfer from one unit to another without having to pay the Amenities fee again. They have 30 days to complete the transfer. 1.5.1. If they relinquish their GRF membership for more than 30 days, a new Amenities fee will need to be paid.
1.6. The Amenities fee shall be allocated as follows:
1.6.1. Fifty percent into the GRF Capital Improvement Fund.
1.6.2. Fifty percent into the GRF Reserve Fund.
2. Payment of Amenities Fee 2.1. New Members are encouraged to pay the Amenities fee in full at the close of the purchase escrow. By California statute, GRF has established a finance plan to pay the Amenities fee over a seven-year period for those Members who wish to finance the fee. 2.2. Members who opt to finance the payment of their Amenities fee must complete a Promissory Installment Note and agree to the terms of the Note.
2.2.1. If a Member opts to finance the Amenities fee, the Member shall pay a one-time upfront payment of 25 percent of the total Amenities fee at the close of Escrow and make seven equal annualinstallment payments of the remaining balance. Each annual payment will be due and payable on the anniversary of the date of purchase until the principal amount, including the finance charge, is paid in full. 2.2.2. The annual finance charge on matured, unpaid amounts shall be 1 percent per month (APR of 12 percent) paid annually on the outstanding balance. 2.2.3. In the event that a unit changes ownership before the Amenities fee is paid in full, the balance due must be paid before transfer is complete.
2.2.4. All Co-occupant non-owners and Qualified Permanent Residents must pay the Amenities fee in advance without an option to finance. 3. Membership Certificate and Mutual Stock Certificate Processing Fee 3.1. GRF shall issue one membership certificate per unit.
3.2. GRF shall issue one stock certificate per unit in Mutuals 1-12 and 14-16. They may contain one or more names. 3.3. A certificate processing fee of $250 will be charged in advance each time any of the certificates are changed or altered to cover the cost of preparing, recording and/or replacing either or both certificates. 3.4. The certificate processing fee will be waived when a Member elects to remove a deceased co-owner from the title and have new certificates issued. The fee will be waived only within one year of the owner’s death and will not be waived for other transfer requests such as the replacement of lost certificates or the addition or removal of Member owners or Nonresident co-owner(s).
4. Transfer Fee—In Escrow
The seller of a Mutual share of stock shall pay a transfer fee of $500 to cover the cost of transferring ownership(s).
5. Processing Fee
Co-Occupant and Qualified Permanent Resident shall be charged a processing fee of $100 to cover the set up and processing costs.
6. Mutual Corporation Fees
Each Mutual represents a fully independent corporation and, as such, may establish fees applicable to the Mutual. GRF operates as the management company for the Mutuals and will, as part of its duties, apply Mutual Fees in accordance with established Mutual policies/rules. 7. Stock Transfer Legal Review of Trust Fees 7.1. Upon a requested transfer of stock ownership by a Trust, either by the sale of a unit or an in-house ownership transfer, Probate Code §18100.5 delegates to the GRF the right to request the current acting trustee or successor trustee to provide either a certification of trust or a copy of the trust. The following procedures will be implemented.
7.1.1. Any trustee or successor trustee seeking to transfer the ownership of a mutual unit, either by the sale of the unit through escrow or an in-house ownership transfer, will be required to provide the Stock Transfer Office a Certification of Trust or a copy of the Trust document for the GRF attorney to review prior to any completed transfer of ownership.
7.1.2. The Stock Transfer Office shall not proceed with any sale or transfer of ownership via a trust document prior to the GRF attorney reviewing the trust and providing in writing a letter of release allowing the Stock Transfer Office to proceed. 7.1.3. In an effort to offset the cost of the required GRF attorney review, there shall be assessed to the trustee or successor trustee a fee of $125) representing the attorney’s fee and GRF’s pro-rated staff time, to be collected at the time of the trust review. 8. Lessee Annual Amenities Fee for all Mutual 17 leases initially dated prior to Jan. 1, 2021, and subsequent renewals.
8.1. The GRF annual Lessee Amenities fee is a required use fee for access to the Trust facilities and amenities and participation in GRF activities. The Lessee fee is calculated at 25 percent of the GRF annual assessment rounded up to the nearest dollar for each occupant.
8.2. The required annual Lessee Amenities fee payment is due and payable in full on the date of the lease agreement. No monthly payments can be made.
8.3. If delinquent, the current (before Jan. 1, 2021) Mutual 17 Lessee, shall pay damages to reimburse GRF for its expense and overhead in collecting the payment as follows:
8.3.1. A $25 late fee, and 8.3.2. Interest at 1 percent per month (APR of 12 percent) from the original date due until the date the full payment is received.
8.4. In addition to late fees, for each check from a Lessee that a bank returns for any reason, the Lessee must pay a $25 returned check fee and all bank charges assessed against the association.
8.5. If a Lessee becomes more than 90 days delinquent, the Lessee will receive a
30-day notice of GRF’s intent to suspend the right to use GRF amenities and Trust facilities, including driving privileges upon GRF Trust streets. GRF may also refer the Lessee account to an attorney or collection agency for appropriate action. All fees incurred by an attorney or collection agency to recover the delinquent amounts will be assessed to the Lessee.
8.6. GRF reserves the right to collect the delinquent account for the Amenities fee from Lessor.
8.7. Lessee Amenities fees shall be allocated as stated in Section 1.7.
9. The fee for verifying Powers of Attorney and Court Orders will be $75 per document, per review.
10. The fee for additional Leisure World maps will be $1 per map (Shareholders excluded).
11. All Fees are subject to annual review and are subject to change.
SECURITY
80-1927.01-2, Fees for Parking Rules Violations on Trust Property The following Parking Rules Violations Fees (Fines) are strictly enforced and are applicable to all persons controlling or operating vehicles on any Trust Property regulated by the Golden Rain Foundation (GRF) of Seal Beach. This refers to the streets, sidewalks, parking areas, clubhouses, grounds and other amenities overseen by GRF.
Per the Occupancy Agreements for Mutuals
1-12 and 14-16 and Mutual 17 CCRs: All Shareholder/ Members are solely responsible for the actions of their guests and employees; therefore, they are solely responsible for the fines and penalties incurred by their guests or employees.
GRF vehicles are exempted from these policies when appropriate, such as maintenance or security vehicles assisting first responders or providing emergency services to a Shareholder/Member unit or GRF Trust Property.
1. Fines for Parking Violations
Fee explanations for Fine table below:
1.1. Any animal or child left unattended in a vehicle will be reported immediately to Animal Control or Seal Beach Police.
1.2. First Offense The first offense may result in either a Fix-It citation, a Warning, a Fine or the vehicle being towed. See below.
A Fix-It citation allows 30 days for resolving the problem. The fine may be waived by the Parking Rules Violation (PRV) Panel.
1.3. Additional citations may be issued after each 24-hour period.
1.4. After the fourth Recreational Vehicle (RV) or Vehicle Used for Recreation (VUFR) violation, all RV or VUFR parking privileges are suspended for 12 months, beginning with the date of the fourth infraction.
Violation: First Offense, Second and Subsequent Offences
1. Assigned Parking Space or restricted parking Space: $25, $25
2. Blocking Crosswalk: $25, $25
3. Expired or Invalid State Vehicle Registration*: $50, $50
4. Flat Tires: Fix-It, $25
5. “For Sale” sign on Vehicle: $20, $20
6. Handicap Parking without Placard or Handicap ID Displayed: $100*, $200
7. Hazardous Materials Leaking:
$50, $50
8. Limited Time Parking: $20, $20
9. Maintenance or Repair: $25, $25
10. No Valid GRF Vehicle Decal or Parking Permit Displayed: $20, $20
11. Parked on Sidewalk or Grass:
$25, $25
12. Red Zone: $100, $200
13. RV or VUFR—Generator Running,
8 p.m.-8 a.m.: $50, $50
14. RV or VUFR—Jack Support, None or Inadequate: $50, $50
15. RV or VUFR Parked Over 72 Hours on Trust Street: $40, $40
16. Washing Any Vehicle on Trust Property (except in Car Wash areas):
$20, $20
17. Washing a Non-resident Vehicle at Car Wash: $20, $20 * Fine will be waived on first offense if placard and/or paperwork that was current at time of Citation is presented. The Security Services Director has the right to waive the first offence fine if needed paperwork is presented to them.
SECURITY
80-1927.02-3, Parking Rules for Trust Property The Panel will be created in July of each year by the Safety, Bus & Traffic Committee, with the newly elected Golden Rain Foundation (GRF) Board of Directors (BOD) President’s and Vice President’s Mutual removed from the rotation.
The GRF Vice President’s Mutual is removed from this schedule because the Vice President is the facilitator of the Parking Rules Violation (PRV) panel.
The GRF President’s Mutual is removed from this schedule, since the President will only serve on Alternative Dispute Resolution (ADR) panel. Panel will meet on the fourth Monday of each month at 9 a.m. in the Administration Conference Room.
A second meeting will be scheduled if the volume of hearing requests is too large; it will meet on the fourth Wednesday at 1 p.m. in Conference Room B.
SECURITY
80-1937-2, Parking—Fines
1. Purpose
The following Community Rules Violations Fines are enforced and are applicable to all persons controlling or operating vehicles on any Trust Property regulated by the Golden Rain Foundation (GRF) of Seal Beach. This refers to the streets, sidewalks, parking areas, clubhouses, grounds and other amenities overseen by GRF.
All Member/Owners (M/O) are solely responsible for all the actions of any Visitor, Renter/ Lessee (R/L), Caregiver or Contractor who has entered Leisure World Seal Beach (LWSB) under their authorization, as well as any persons who have entered LWSB through their R/L’s authorization. Therefore, the M/O is responsible for any fines and penalties associated with their unit that are imposed by GRF.
2. Fines for Community Rules Violations on Trust Property Violation: Fine
1. Designated Parking Space or Restricted Parking Space: $25
2. Blocking Crosswalk: $25
3. Expired or Invalid State Vehicle Registration:
$50
4. Inoperable Vehicles: $25
5. “For Sale” Sign on Vehicle: $25
6. Handicap Parking without Placard or Handicap ID Displayed: $100
7. Hazardous Materials Leaking: $50
8. Limited Time Parking: $25
9. Performing Maintenance or Repair: $25
10. No Valid GRF Vehicle Decal or Parking Permit Displayed: $25
11. Parked on Sidewalk or Grass: $25
12. Red Zone: $100
13. Recreational Vehicle (RV) or Vehicle Used for Recreation (VUFR)—Operating Contrary to 80-1937-1 (Section 4.5) : $50
14. RV or VUFR—Jack Support, None or Inadequate: $50
15. RV or VUFR Parked Over 72 Hours on Trust Street: $50
16. Washing Any Vehicle on Trust Property (except in Car Wash areas): $25
17. Washing a Vehicle Without a GRF-Issued Resident Decal at Car Wash: $25
2.1. Additional Community Rules Violation notices for the same violation may be issued after each 24-hour period.
3. Failure to Comply
Additional penalties may be assessed to M/O who fails to respond to a rules violation notice in a timely manner. The procedures for assessing those penalties are outlined in 30-5093-3.
4. Appeal Requests
Procedures for M/O to appeal a Community Rules Violation notice are detailed in 30-5093-3.
5. The fine may be contested to the Community Rules Violation (CRV) Panel.