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HomeMy WebLinkAbout10-12-2025 Consent to Proposed CC&Rs Amendment of the SLO Clearviews Estates HOAAugust 18, 2025 VIA FIRST CLASS U.S. MAIL AND ELECTRONIC MAIL TO: attorney@slocity.org ; slachaine@slocity.org J. Christine Dietrick City Attorney of San Luis Obispo 990 Palm Street City Hall, Room 14 San Luis Obispo, CA 93401 Re: Requesting Written Consent of the City of San Luis Obispo for San Luis Obispo Clearview Estates Homeowners Association, Inc. Proposed First Amendment to CC&Rs Dear Ms. Dietrick: We are legal counsel for San Luis Obispo Clearview Estates Homeowners Association, Inc., a homeowner association overseeing a common interest development in the City of San Luis Obispo (the “Association”). The Association’s current Declaration of Covenants, Conditions and Restrictions were recorded on June 14, 1989 (referred to herein as the “CC&Rs”) and in many areas do not make clear which party the maintenance and repair responsibility of the gates, concrete retaining walls, and landscaping maintenance of the lots. With our firm as legal counsel, the Association has undertaken a project to prepare proposed amendment to the CC&Rs that will make this clear (referred to below as the “Proposed CC&Rs”). Pursuant to Article XVII, Section 17.05 of the current CC&Rs, City approval is required for any amendments, which Section reads in relevant part as follows: “This Declaration shall not be amended with respect to the provisions of this Article XVII, nor with respect to Section 6.01 relating to maintenance by the Association, Section 6.02 relating to landscape maintenance, …without consent of the City Council.” The Proposed CC&Rs have been updated to clarify the maintenance and repair obligations of the parties as mentioned above. I am enclosing the Association’s Proposed CC&Rs, approval by the membership, as well as the existing 1989 CC&Rs for your ease of reference. On behalf of the Association, I respectfully request that the City indicate its written consent to the Proposed CC&Rs by signing and dating the signature envelope for your convenience. In addition to the original signature page being returned to my office, we would request that upon signing, a scanned copy be sent to jkhalili@berdingweil.com . Docusign Envelope ID: 0768E04A-FFE9-4D3C-8227-5157F75A41E5 City of San Luis Obispo Re: San Luis Obispo Clearview HOA August 18, 2025 Page 2 4873-3489-5315, v. 1 Thank you so much for taking the time to review this letter and enclosed materials. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, BERDING & WEIL LLP Jessica Khalili Attorney jkhalili@berdingweil.com JK:cam cc: Board of Directors, San Luis Obispo Clearview Estates HOA Encl: First Amendment to CC&Rs; Original CC&Rs, Memorandum of Membership Approval ************ REQUESTED ACTION By signing below, I certify that the City of San Luis Obispo consents to the Proposed First Amendment to the Declaration of CC&Rs of the San Luis Obispo Clearview Estates Homeowners Association, Inc. Dated: ___________ ___________________________ Erica A. Stewart Mayor City of San Luis Obispo Docusign Envelope ID: 0768E04A-FFE9-4D3C-8227-5157F75A41E5 10/12/2025 | 11:38 PM PDT