PINE MOUNTAIN (Saturday, Jan. 15, 2011, 1:30 p.m.)—A standing ovation was given to the Governing Documents Committee of Pine Mountain Club today when the final tally of votes was read on the question of whether to renew the community’s conditions, covenants and restrictions (CC&Rs).  Of 2,056 ballots cast, 46 were disqualified for reasons such as failure to sign the outside envelope; 164 votes were cast against renewal of the CC&Rs; and 1,846 votes were cast in favor of renewal.

General Manager Rory Worster said the minimum number of "yes" votes needed to achieve the required 55 percent approval would have been 1,646. Tom Bunn, chairman of the Governing Documents Committee said he had "aged 50 years," in the course of getting the CC&Rs renewed.  Committee members Lee Krimm and John Cantley credited the work of community volunteers who made and placed signs throughout the community, participated in telephone trees and talked with their neighbors about the pros and cons of letting the CC&Rs lapse, versus voting to renew them.

There was a moderate amount of debate in the community about the measure. Some community members, such as Carlos L’Dera and David Culp, circulated email screeds asserting that little would change if the CC&Rs failed to pass. Culp argued that homeowners should withhold their votes until members of the board of directors "showed good faith" by closing the Bistro on the Greens restaurant, which he characterized as being a subsidized luxury for a few "elite." Though open to debate, in August it was estimated that each homeowner in the community pays about $40-$70 a year to help maintain the clubhouse restaurant, which does not operate at a profit.

Culp also argued that a corporate structure is not a good organizational model for governing a community. Pine Mountain Club is a nonprofit corporation. Culp argued that the rights of individuals are not adequately prioritized in the governing documents and that municipal law would be better suited to governing a community. He did not propose a practical plan for making that transition. His essays, according to many who appreciated his efforts or found them entertaining, were compelling but flawed by lack of fact-checking on important points and a tendency toward ad hominem insults of those with whom he disagrees.

A controversial move by the board of directors to cast votes on behalf of the 62 parcels owned by PMCPOA itself appears to have not been a factor in the victory. The CC&Rs would have been approved without those votes, with 138 left to spare.

This is part of the January 14, 2011 online edition of The Mountain Enterprise.

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