Frequently Asked Questions
Why was I not invited to the November 13, 2022 membership meeting?
All members in good standing as of October 2022 were invited. If you were not invited, it was because you were not a member in good standing at that time. To be a member in good standing for the October 2022 annual membership meeting, you must have paid 2022 membership dues.
You may then ask why you were not asked to pay membership dues.
RPOA did not legally exist in 2020 and 2021. The 2019 board was inactive.
The new board of directors started in early 2022 with very few records and did not have access to a 2019 membership roster. After the meeting, the board gained access to a list of e-mail addresses that may or may not represent the list of members in 2019. Spamming the list without knowing if everyone had opted in to receiving e-mail might violate the federal CAN-SPAM Act.
Getting RPOA started again has not been easy. It has taken many hours of administrative hoop jumping by volunteer board members. Please know that, if you are eligible for membership, you are invited to join (or re-join) RPOA and be as active in it as you like. Run for an officer position or volunteer on a committee. As an active, paid-up member, you will receive invitations to all membership meetings. You can join here.
Can RPOA do something about my neighbor’s ugly outhouse?
Many of the Rosario-area residential parcels created through Gilbert and Gleda Geiser’s Rosario plats (e.g. Rosario Estates, Rosario Estates No. 2, Rosario Palisades, etc.) have covenants, conditions, and restrictions (CC&Rs) that run with the land. For example, parcels in the Rosario Estates No. 2 and Rosario Estates No. 3 plats carry the restriction, among others, that “No outside toilets shall be allowed on the property…”.
Some neighbors mistakenly believe that RPOA is a home owners’ association (HOA) with the power to enforce CC&Rs.
However, as an example, the Rosario Estates No. 2 Declaration of Protective Restrictions says that, should the restrictions be violated by a property owner, “…it shall then be lawful for any other person or persons owning any other lots in said Addition to prosecute…” (Emphasis added.)
That is the extent of the provision on enforcement in that specific Declaration of Protective Restrictions. There is no mention of a mandatory homeowners’ association (HOA), a voluntary association, or of any third party having a right to enforce these CC&Rs.
That said, because RPOA promotes communication and information sharing among members of the community, you may be able to use an RPOA discussion forum to get in touch with your neighbor or inform other neighbors about the issue and possibly find support there.
(If you have questions about your rights with respect to CC&Rs or any other matter related to your property, consult with a qualified real estate attorney.)
Can RPOA help me get in touch with my absentee neighbor?
Maybe. If you and your neighbor are both members of RPOA and your neighbor has agreed to share their contact information, then you can obtain your neighbor’s contact information from RPOA’s records by requesting it from the secretary. If not, then you might consider looking up their information in the county records or contacting the county for assistance.
Can RPOA stop my neighbor’s unpermitted vacation rental?
No. But you can report it to San Juan County Code Enforcement to initiate the enforcement process.