Put it in writing

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
Attn: the person designated in the annual policy statement to receive documents
on behalf of the Association, per Civil Code § 4035(a)
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Request for individual delivery of general notices — Civil Code § 4045(b)

To the Board of Directors:

I am an owner of record at {{ADDRESS}}.

**Under Civil Code § 4045(b) I request to receive general notices by individual delivery.** That subdivision provides that where a member makes this request, all general notices to that member "shall be delivered pursuant to Section 4040." Notice of a board meeting is given by general delivery under § 4920(c), so this request reaches every board meeting notice and the agenda § 4920(d) requires each one to contain.

So that the Association has what § 4040(a)(1) needs in order to act on it, I am also giving the information Civil Code § 4041(a) asks of each owner annually:

- My preferred delivery method for notices from the Association is: {{PREFERRED}}
- My alternate delivery method is: {{ALTERNATE}}
- The separate interest is: {{OCCUPANCY}}

I have no person to name under § 4041(a)(3) at present; if that changes I will write again.

Please confirm in writing that this request has been recorded, and the date from which it takes effect. If the Association's records already carry a delivery preference for me that differs from the above, please tell me what it is and where it came from, so that one of us can correct it.

Two related questions, which I ask because § 4041(b)(1) places the obligation on the Association rather than on the owner. Has the annual solicitation of delivery preferences required by that paragraph gone out for this cycle, and on what date? And is the location designated for posting general notices under § 4045(a)(3), named in the current annual policy statement, still in use?

This letter is addressed under Civil Code § 4035(a) to the person the annual policy statement designates to receive documents on behalf of the Association. If that designation has changed, please forward this letter to the current designee and tell me who that is, so my future correspondence goes to the right person.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 4035·Civil Code § 4040·Civil Code § 4041·Civil Code § 4045·Civil Code § 4920·Civil Code § 5310

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Payment under protest — Civil Code § 5658

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. Enclosed is payment in the amount of {{AMOUNT}} for the charge described as {{CHARGE}}.

**This payment is made under protest pursuant to Civil Code § 5658.**

I dispute this charge for the following reasons:

{{REASONS}}

By paying under protest I am preserving my right to contest the validity of this charge, including in small claims court, while ensuring the Association has no basis to treat my account as delinquent, to impose collection costs, or to record a lien.

Please note that under the Association's own Rules for Elections and Voting, § 2.1.2(a), payment under protest preserves my eligibility to be nominated to the Board.

I request written confirmation that this payment has been applied and that my account is current.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5658

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Written request for repair — Declaration H.3

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. I am reporting a condition that requires repair, and asking the Association to schedule the work:

{{REPAIR}}

{{HISTORY}}

The Declaration of Restrictions places this work with the Association. Declaration H.3 provides: "The Association shall provide maintenance of the Condominiums as follows: paint, maintain repair and replace roof, gutter, downspouts, exterior building surfaces and exterior glass surfaces, landscaping, balconies, parking areas, recreational facilities and all common areas." The statutory default is the same: Civil Code § 4775(a)(1) makes the association responsible for repairing, replacing, and maintaining the common area, and under § 4775(a)(4) repair and replacement stay with the association even for common area set aside for a single unit's exclusive use.

Please confirm in writing that this repair has been accepted and tell me when the work will be scheduled. If the Association's position is that any part of this work is not its responsibility, please say so in writing and identify the provision of the governing documents relied on.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 4775

{{NAME}}
{{ADDRESS}}

{{DATE}}

HOA Elect CA, LLC
ATTN: Inspectors of Election
6161 El Cajon Blvd., Suite B437
San Diego, CA 92115

Re: Request for a replacement ballot, and correction of the voter list — Jamacha Greens HOA election, adjourned to October 15, 2026

To the Inspectors of Election:

I am a member of the Jamacha Greens Homeowners Association and an owner of record at {{ADDRESS}}. I have not received a usable ballot for the election adjourned to the reconvened meeting of October 15, 2026, and I am requesting a replacement.

1. Signed statement. Election Rules § 3.4 provides that a member may request another ballot and the appropriate envelopes from the Inspector of Elections, and that the member must sign a statement that the original ballot was lost, destroyed or never received. This letter is that statement, and my signature below is given for that purpose. The circumstances are:

{{BALLOT}}

I understand that the Inspector maintains a record of each request, and that if a member votes twice — even by mistake — neither ballot is counted. If the original ballot reaches me after a replacement is issued, I will not vote it.

2. Please check the voter list against my ownership, and correct it if it is wrong. Civil Code § 5105(a)(7) requires the voter list to carry each voter's name and voting power, and to carry the mailing address for the ballot where that address differs from the physical address of the separate interest. The same paragraph directs that any error or omission reported to the inspectors be corrected within two business days. Election Rules § 6.2.2 says the same thing in the Association's own rules. Please treat this letter as that report, and tell me in writing what the list now shows for my unit.

This matters after ballots have gone out, not only before: the signature on a returned envelope is checked against that list, so an uncorrected entry can reject the right ballot and accept the wrong one.

3. Please tell me how the replacement will reach me, and how to return it in time. A ballot counts only if it reaches you before the reconvened meeting begins at 5:00 PM on October 15, 2026, or by any earlier time the reconvened-meeting notice sets. That is arrival, not a postmark. If the mail cannot carry a replacement to me and back by then, I am willing to collect it in person and to hand-deliver the sealed envelopes instead: Election Rules § 7.1.5 allows the return envelope to be delivered by hand to a location you specify, and provides that the member may request a receipt for delivery. I am requesting one.

4. If you decline to issue a replacement, please tell me in writing why. Civil Code § 5105(h)(1) requires an association's election rules to prohibit the denial of a ballot to a member for any reason other than not being a member at the time the ballots were distributed.

If your records name someone other than me for this unit, that is likely why no ballot arrived. I am the current owner of record, and I will send a copy of the recorded deed the same day you ask for it.

Please reply in writing. If it is faster, my telephone number and email address are below.

Sincerely,


_____________________________________

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5105·Civil Code § 5115

{{NAME}}
{{ADDRESS}}

{{DATE}}

HOA Elect CA, LLC
ATTN: Inspectors of Election
6161 El Cajon Blvd., Suite B437
San Diego, CA 92115

Re: Receipt of my ballot — Jamacha Greens HOA election, adjourned to October 15, 2026

To the Inspectors of Election:

I am a member of the Jamacha Greens Homeowners Association, owner of record at {{ADDRESS}}. I have returned my secret ballot for the election adjourned to the reconvened meeting of October 15, 2026, and I write to confirm it arrived.

1. Please confirm that a signed ballot envelope in my name has been received, and on what date. Civil Code § 5115(c)(2) provides that a member may request a receipt for delivery of the ballot envelope.

2. Please confirm that my name appears on the voter list with the correct mailing address. Civil Code § 5105(a)(7) requires the voter list to show the mailing address for the ballot where it differs from the address of the separate interest, and directs the inspectors to correct any reported error or omission within two business days.

If no envelope in my name has arrived by the time you reply, please tell me whether a replacement ballot can be issued and how it would reach you before the reconvened meeting begins at 5:00 PM on October 15, 2026, or by any earlier time the notice sets.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5115·Civil Code § 5105

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Written request to inspect and copy association records — Civil Code § 5200

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. Under Civil Code § 5200 I request to inspect and receive copies of the following association records:

{{RECORDS}}

Please provide these records in electronic format where available, delivered to the email address below, which is my preferred method of delivery under Civil Code § 5205.

I am aware that Civil Code § 5210 requires the Association to produce records for the current fiscal year within 10 business days, and records for the prior two fiscal years within 30 calendar days. Minutes of board and member meetings are governed by § 5210(b)(4) and § 4950(a), which require them to be available within 30 days of the meeting itself.

Where this request covers minutes of board or member meetings from earlier years, I note that Civil Code § 5210(a)(2) provides that such minutes are "subject to inspection permanently", notwithstanding the three-fiscal-year period that applies to other records. If the Association no longer holds minutes for any period requested, please say so in writing and identify the years affected, rather than declining on the basis of their age.

If the Association believes any portion of these records is exempt from disclosure under Civil Code § 5215, please produce the balance and identify specifically what is being withheld and the statutory basis for withholding it.

If you require any clarification, please contact me in writing rather than treating this request as incomplete.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5200·Civil Code § 5205·Civil Code § 5210

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Response to the violation notice dated {{NOTICEDATE}} — Civil Code § 5855

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. I am writing in response to the violation notice dated {{NOTICEDATE}}, which alleges:

{{VIOLATION}}

This is what I have done, and when:

{{CURE}}

I ask the Board to record the following, and to treat this letter as part of the file for any hearing on this matter.

1. The cure, and what follows from it. Civil Code § 5855(c) provides that a member shall have the opportunity to cure the violation prior to the meeting, and that the board shall not impose discipline where the member cures the violation prior to the meeting — or, where curing would take longer than the time between the notice and the meeting, where the member provides a financial commitment to cure. I am asking the Board to find that this matter is cured and to close it without a hearing. If a hearing goes ahead regardless, I ask that this letter and the evidence with it be read before any penalty is considered.

2. Please send me the schedule of monetary penalties. Civil Code § 5850(f) requires the Association to provide a copy of the most recently distributed schedule of monetary penalties, together with any applicable supplements, to any member on request. This is that request. Please also identify which entry in that schedule the Association says applies here, and the date the schedule or supplement took effect.

3. What the schedule can lawfully carry. Civil Code § 5850(c) provides that a monetary penalty shall not exceed the lesser of the amount stated in the schedule in effect at the time of the violation, or $100 per violation. A higher penalty is available only under § 5850(d), which requires both that the higher amount be stated in that schedule and that the violation may result in an adverse health or safety impact on the common area or another member's property — and, before any such penalty is imposed, a written finding specifying that impact, made by the Board in a meeting open to the members. Civil Code § 5850(e) separately provides that a late charge or interest shall not be charged to a member for a monetary penalty.

4. Notice and procedure. Civil Code § 5855(a) requires at least 10 days' written notice before the Board meets to consider discipline, and § 5855(b) requires the notice to state the date, time and place of the meeting, the nature of the alleged violation, and that I have a right to attend and to address the Board. The Association's own fine policy, adopted January 2011, promises more: no fine is levied until after a hearing, and the hearing is held only after at least 15 days' prior written notice setting forth the alleged breach. Under § 5855(g), a disciplinary action is not effective against a member unless the Board fulfils the requirements of that section.

5. Executive session. Civil Code § 5855(b) provides that the Board shall meet in executive session if requested by the member. I request that any hearing on this matter be held in executive session.

6. If the Board decides against me. Civil Code § 5855(f) requires written notification of the decision within 14 days of the action, and § 5855(d) preserves my right to request internal dispute resolution under § 5910 if we are not in agreement after the meeting. I would rather resolve this without either.

Please confirm receipt of this letter in writing.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5855·Civil Code § 5850·Civil Code § 5910

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Records request — election records and director terms, Civil Code § 5200

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. Under Civil Code § 5200 I request copies of the following:

1. The minutes of all Board and membership meetings held in the twelve months preceding this request, including the most recent annual meeting.

2. All association election materials, as defined in Civil Code § 5200(c) and made an association record by § 5200(a)(14), for any election conducted or noticed in that period — including the candidate registration list and the voter list.

3. A statement of the current Board of Directors showing, for each of the five seats, the name of the director, the date the term began, the date the term expires, and whether the seat was filled by election or by appointment.

4. The date of the next annual meeting, the deadline for submitting candidate nominations, and a copy of the Candidate Nomination Form referenced in Election Rules § 2.2.5.

5. The name of the independent third party retained as Inspector of Elections, and confirmation that the Inspector is not under contract to the Association for other compensable services, as Election Rules § 4.1 requires.

I note that under Election Rules § 2.2.1 the Association must give general notice of the nomination procedure and deadline at least thirty days before that deadline, and that Civil Code § 5210 sets the production timelines for the records requested above.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5200·Civil Code § 5210

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Request for Internal Dispute Resolution — Civil Code § 5900 et seq.

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. I am invoking the Association's Internal Dispute Resolution procedure under Civil Code § 5900 et seq. with respect to the following dispute:

{{DISPUTE}}

The resolution I am seeking is:

{{RESOLUTION}}

Under Civil Code § 5910(c) the Association is required to participate in this process, and under § 5910(g) the Association may not charge me a fee for doing so. I understand that under § 5910(f) I am entitled to be assisted by an attorney or another person at my own expense.

Please designate a member of the Board to meet and confer with me, and propose two or three dates within the next thirty days. I am willing to meet by telephone or video conference if that is more convenient.

If we reach a resolution, I understand that under Civil Code § 5915(c) a written agreement signed by both parties is binding and judicially enforceable.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5900·Civil Code § 5910·Civil Code § 5915

{{NAME}}
{{ADDRESS}}

{{DATE}}

ATTN: Secretary
Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Written demand for the membership list — Civil Code § 5200(a)(9), Corporations Code § 8330

To the Board of Directors and the Secretary:

I am an owner of record at {{ADDRESS}} and a member of the Association. This is a written demand for the membership list.

1. What I am asking for. Civil Code § 5200(a)(9) makes the membership list an association record, including each member's name, property address, mailing address and email address, as collected by the Association in accordance with Civil Code § 4041 where applicable, and excluding members who have opted out under Civil Code § 5220. Under Corporations Code § 8330(a)(2) I request a list of the names, addresses and voting rights of those members entitled to vote for the election of directors, compiled as of the most recent record date for which it has been compiled, or as of the date this demand is received if that is later.

2. My purpose. Corporations Code § 8330(b)(1) allows a member to exercise this right for a purpose reasonably related to that person's interest as a member. My purpose is:

{{PURPOSE}}

I will not use the list for any other purpose, I will not sell or otherwise transfer it, and I will not publish it.

3. The timeframe. Civil Code § 5210(b)(6) provides that a membership list is to be made available within the timeframe specified in Corporations Code § 8330. Under § 8330(a)(2), the list is to be made available on or before the later of ten business days after this demand is received, or the date as of which the list is to be compiled.

4. Members who have opted out. For any member who has opted out under Civil Code § 5220, I do not seek that member's information. Civil Code § 5220 provides that such a member prefers to be contacted through the alternative process described in Corporations Code § 8330(c). Please tell me how many members have opted out, and how the Association proposes to carry a communication to them, so that those members can be reached without their information being disclosed to me.

5. If the Association offers an alternative instead of the list. Corporations Code § 8330(c) allows the Association, within ten business days of receiving this demand, to deliver a written offer of an alternative method of achieving the purpose stated above without providing the list. If the Association intends to make such an offer, please set out precisely what it will do, who will do it, and by when. I will consider any such offer on its merits and, if I reject it, will do so in writing and give my reasons, as § 8330(c) requires.

6. Format and cost. Under Civil Code § 5205(h) I request delivery by electronic transmission in a format that cannot be altered. Under Civil Code § 5205(f) the Association may bill me for the direct and actual cost of copying and mailing, and must tell me that amount and obtain my agreement before incurring it. Please send me the figure and I will respond promptly. I also tender payment of a reasonable charge as Corporations Code § 8330(a)(2) contemplates.

If the Association declines this demand in whole or in part, please say so in writing and state the basis for it.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 5200·Civil Code § 5205·Civil Code § 5210·Civil Code § 5220·Corporations Code § 8330

{{NAME}}
{{ADDRESS}}

{{DATE}}

Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Request for reconsideration of an architectural decision — Civil Code § 4765

To the Board of Directors:

I am an owner of record at {{ADDRESS}}. My application for approval of a physical change has been denied, and I am requesting reconsideration.

The application was:

{{APPLICATION}}

The decision was:

{{DENIAL}}

I ask the Board to reconsider it, and to do so on the following basis.

1. Reconsideration at an open meeting. Civil Code § 4765(a)(5) provides that where a proposed change is disapproved, the applicant is entitled to reconsideration by the board at an open meeting of the board. Please place this request on the agenda of the next regular open meeting and tell me the date, so that I can attend and address the Board.

2. The written decision, and what it has to contain. Civil Code § 4765(a)(4) requires a decision on a proposed change to be in writing, and requires a written disapproval to include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board. If either was missing from what I received, please supply it now, in writing, before the reconsideration is heard. I cannot meaningfully answer a decision whose reasons I have not been told.

3. The standard the decision has to meet. Civil Code § 4765(a)(2) requires a decision on a proposed change to be made in good faith, and provides that it may not be unreasonable, arbitrary, or capricious. Civil Code § 4765(a)(3) provides that the decision may not violate any governing provision of law, including a building code or other applicable law governing land use or public safety, notwithstanding anything to the contrary in the governing documents.

4. The deadline the Association set for itself. Civil Code § 4765(a)(1) requires the Association to provide a fair, reasonable and expeditious procedure for making its decision, to include that procedure in the governing documents, and to state in it the maximum time for a response to an application or to a request for reconsideration. Please tell me what that maximum time is and when it runs from, so that I know when to expect an answer to this letter.

5. What I would like considered:

{{RESPONSE}}

I would rather resolve this with the Board directly. If reconsideration does not resolve it, I note that under Civil Code § 4765(a)(5) reconsideration by the board does not constitute dispute resolution within the meaning of Civil Code § 5905, so internal dispute resolution under Civil Code § 5910 remains open to me afterwards.

Please confirm in writing that this request has been received and when it will be heard.

Sincerely,

{{NAME}}
{{EMAIL}}
{{PHONE}}

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Civil Code § 4765·Civil Code § 5905·Civil Code § 5910

{{NAME}}
{{ADDRESS}}

{{DATE}}

ATTN: Secretary, and to the President
Jamacha Greens Homeowners Association
c/o Pernicano Realty and Management, Inc.
2851 Camino Del Rio So., Ste. 230
San Diego, CA 92108

Re: Written request of members to call a special meeting — Corporations Code §§ 7510(e) and 7511

To the Secretary and the President:

The members whose signatures appear below are members of the Jamacha Greens Homeowners Association entitled to vote. Under Corporations Code § 7510(e), which provides that special meetings of members for any lawful purpose may be called by 5 percent or more of the members, we call a special meeting of the members and request in writing that notice of it be given.

1. The business to be transacted. The general nature of the business to be transacted at the meeting is:

{{BUSINESS}}

We ask that this be stated in the notice in these terms. Corporations Code § 7511(a) requires the notice of a special meeting to state the general nature of the business to be transacted and provides that no other business may be transacted at the meeting.

2. What happens next, and when. Corporations Code § 7511(c) provides that on a written request addressed to the attention of the chairperson of the board, the president, a vice president or the secretary, by persons entitled to call a special meeting, the officer shall forthwith cause notice to be given that a meeting will be held at a time fixed by the board. Because this Association is a common interest development as defined in Civil Code § 4100, that time is not less than 35 nor more than 150 days after receipt of this request. This request is addressed to the Secretary, which is also where Bylaws Article III, Section 4 directs a petition for a special meeting to be presented.

3. If notice is not given. Corporations Code § 7511(c) further provides that if the notice is not given within 20 days after receipt of the request, the persons entitled to call the meeting may give the notice themselves, or the superior court of the proper county shall summarily order that it be given. We would much rather the Association gave the notice. We are telling you now, plainly, that we are aware of the alternative, so that nobody is surprised later.

4. Please confirm. Please confirm in writing that this request has been received, on what date, and the date fixed for the meeting. If the Association considers this request defective in any respect, please say so in writing within 20 days and identify what is missing, so that it can be cured rather than left to run out the clock.

Signatures of the members calling this meeting. Each signer is a member of record of the Association entitled to vote. Additional signature pages may be attached and form part of this request.

 1. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 2. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 3. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 4. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 5. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 6. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 7. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 8. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

 9. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

10. Print name ________________________________  Unit ____________
    Signature ________________________________  Date ____________

Correspondence about this request may be addressed to:

{{NAME}}
{{ADDRESS}}
{{EMAIL}}
{{PHONE}}

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Corporations Code § 7510·Corporations Code § 7511