Woodsborough Homes Association, Santa Clara, CA

Website of Woodsborough resident Wesley Dudzinski

I have some comments about the recently distributed packet for the August 15th, 2013 election to approve the new governing documents. There are many problems with the proposed changes but to be brief, I will only list one concern per item to be voted. In the Voter Information document Woodsborough Documents Committee states:

Ballot Item #1: Articles of Incorporation

"The Articles of Incorporation have no changes that will have any effect on homeowners."

This is not correct as a new clause has been added dealing with the dissolution of the Association. If the dissolution happens, it will affect you.

Ballot Item #2: Bylaws

"Remove the quorum requirement for elections."

That means the number of the votes cast would constitute the quorum. If implemented, it would make possible for just five members present and voting at the annual meeting, to elect the new Board of Directors. Do you want to give so much power to just five persons?

Ballot Item #3: CC&Rs

"We may fine for violations; the limit of $25 per event has been removed."

This new change would allow the Board to take your home away from you and throw you on the streets. Here is how. Let's say you have committed a rules violation, like drinking some sparkling water from a glass container in the pool area. That violates the Rules Handbook, Pool Area Usage Rules, item 10 on page 15. For this violation, you can be called to attend a Judicial Hearing, be found guilty and get assessed a fine of one billion dollars (remember: no fine limit). Since you do not have that kind of money (if you had that kind of money, would you be living here?), you will fail to pay. The Association will then file a lien against your unit and force the foreclosure in a few months. Are you sure that could never happen to you?

Ballot Item #4: Smoking ban

"No smoking shall be permitted within the Development"

I do not smoke but the total ban seems excessive. And I do not like to tell others how to live their lives.

Ballot Item #5: Rental limit

"Rental limit ... shall be ... 95"

I do not rent and I live in my own unit. I do not believe that the number of rentals causes the mortgage financing difficulties. It is possible but we have not been presented with any evidence of that. Personally, I refinanced my unit in April 2013. The supposed subject of 35%, or too high number of rental units, has never come up in the refinancing process.

If you can, please review all of the proposed changes, not just the items I have listed above. If you cannot, Chuck Christensen has written and distributed more extensive (four pages long) review titled Woodsborough Unit Owners Alert #2. If you have not received a paper copy of his alert, you can get it here: WoodsboroughUnitOwnersAlertNumber2

Based on my review of the proposed new documents, I will be voting NO to all five ballot items and would like to ask you to do the same.


Wesley Dudzinski
former Woodsborough Homes Association Board member, former Treasurer, former President