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Buellton council approves memorandum of agreement with Rancho de Maria HOA after legal objections
Summary
Council approved a memorandum of agreement with the Rancho de Maria Homeowners Association, adding a clarifying clause that the MOA does not supersede recorded 1985 CC&Rs after a homeowner objected that the draft altered recorded governance rights.
The Buellton City Council voted to approve a memorandum of agreement (MOA) with the Rancho de Maria Homeowners Association on the consideration that the MOA include a clarifying sentence stating it does not supersede the original 1985 recorded declaration of covenants, conditions and restrictions (CC&Rs).
John Dorwin, speaking for objecting homeowners, told the council the draft MOA would "deny Rancho de Maria owners their recorded rights to corporate governance" and that it "does not show any new legal (descriptions) for easements and is not presented in a recordable format." He warned that filing the unsigned or incorrect document could run afoul of California law and the association’s recorded requirements.
Staff and the city attorney responded that the city cannot amend recorded CC&Rs and that the MOA is a separate implementation agreement between the city and the HOA to divide maintenance responsibilities. The city attorney explained the agreement was negotiated "because certain maintenance needed to be done" and emphasized prevailing‑wage complications if the city and HOA pooled funds into a single public contract. He said the city's portion would be governed by prevailing‑wage law if public funds were used in a pooled contract, which was a primary reason the parties structured the MOA to split responsibilities.
Council members asked whether staff and legal counsel supported adding language to the MOA to explicitly state that it "does not supersede the original 1985 agreement, nor does it modify, transfer, or otherwise alter the association's common area maintenance responsibilities"; staff confirmed that insertion was intended and legally reviewed.
A motion to approve the MOA with the amendment passed on a roll call vote of the council. One council member earlier announced they would recuse on item 6; the remaining council members voted in favor.
What happens next: The MOA will be executed with the clarified language. Staff said the MOA is intended to permit separate maintenance responsibilities and avoid requiring the HOA to comply with public bidding and prevailing‑wage rules for the HOA’s portion while the city’s share would remain subject to prevailing wage.
