The Solution for property owners is to vote "No" and reestablish Self-Rule.
Arrowhead Woods Informed (AWI), this website, is the product of a group of concerned Arrowhead Woods homeowners who have been following the LACSD/AWAC takeover developments since January of 2022. They believed that each Tract’s Self Rule would be better than being subject to an arrogant, independent organization armed with uncontrollable taxing authority and defended by a high caliber law firm.
This year AWAC is seeking the approval of the majority of the Lake Arrowhead Woods property owners to allow LACSD to take over the powers and responsibilities of AWAC. According to the Mountain News (January 11, 2023, Tim Wilcox) Rich Scott, the President of AWAC stated as follows, "I'm compiling a database of all Arrowhead Woods property owners. To move forward, we need the approval of over 50% of them. Our attorney has told us that we can conduct the vote electronically, which will make it much easier. Attempting to get it done with in-person meetings is simply impractical."
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AWAC can do this only if AWAC properly extended the CCRs in December of 2010. However, it did not do that.
On this site we have revealed to you that AWAC by failing to have the signatures notarized introduced a fatal flaw in their attempts to shoe in the LACSD-AWAC deal. And that failure to notarize means that the CCRs for all of the 4-digit Tracts expired at midnight on December 31, 2010. If that is true than how can those Tract reestablish Self-Rule. Simple, the 1964 Agreement provided that the trees would be protected even though the CCRs expired. And as a matter of civil law, once the CCRs expired, the property owners of every Tract have the right to write their own CCRs.
As for those 2-digit Tracts whose CCRs were not subject to extension, and still remain in effect, they can follow the procedure outlined below and “Self-Rule”.
And should some judge illegally, for whatever reason (and there are many—some not admirable), rule that everyone still has CCRs and thereafter is stuck with the LACSD-AWAC deal if it gets voted in, the OPT OUT provisions outlined below allow all Tracts to follow in the steps of Hamiltair and proceed to “Self Rule” and thereby escape the LACSD-AWAC deal.
And for those in the 2-digit perpetuity Tracts (those older Tracts formed before 1960) Have Faith; AWAC won’t and LACSD should not want to be bothered with you and will turn the Tracts over to self-management since you will be unprofitable; and if they don’t it is highly unlikely that a court of law/equity will mandate that half the Woods is subject to LACSD and the other half under Self-Rule or that the State legislature when it discovers that it was tricked will continue to allow LACSD to rule the CCRs in a minority of the Tracts.
Self-Rule was the dream of the original Developers: property management through CCRs by the property owners. Beginning in 1928, the “Architectural Committees” were small committees (usually 3-5) of developer friendly individuals, often different for each Tract, and served for limited periods. As a matter of practicality due to the small number of property owners, the committee members were appointed by, and answerable to, the original Developers and their appointees.
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However, after 1960 the Developers began to unload their responsibilities and relinquish power to the growing number of property owners. The majority of Tracts provided that the “Architectural Committees” were answerable to the property owners if the developer refused to act. Disputes, if any, were usually handled in and between the Tract owners individually or collectively without litigation. The Developers also changed their opinions about the wisdom of perpetual CCRs. OPT-OUT PROVISIONS and SUNSET PROVISIONS were drafted into the majority of the deeds and CCRs. These provisions provided that a 55% majority of the property owners could remove the architectural committees and change the CCRs.
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Unfortunately, in 1988 there was a major change which altered "Self-Rule". Judy Ashton and Lois Mayo, two local homeowners, formed a corporation entitled The Arrowhead Woods Architectural Committee, Inc. which declared itself not only in control of all the CCRs, but was also self-perpetuating and not answerable to any property owner. This is AWAC of today.
Fortunately, the majority of the Tracts can still reestablish “Self-Rule” through the OPT-OUT and SUNSET provisions. The majority of those provisions are in the following or similar formats:
CCR Article III Section (h)
The powers and duties of the Architectural Committee shall cease after 2010 unless prior to said date and effective thereon a written instrument shall be executed by the record owners of majority of the lots in said Tract and duly recorded, appointing a representative or representatives who shall thereafter exercise the same powers and authorities previously exercised by the Architectural Committee, and providing the procedure for appointing his or her successors.
(A majority of the property owners are necessary to remove and/or appoint the Architectural Committee.)
CCR Article XI Section (a) and (b)
(a) The covenants, conditions and restrictions herein contained shall run with said land and shall be binding and in force and effect until December 31, 2010, for the mutual benefit of all the lots and building sites in said Tract.
(b) At any time prior to December 31, 2010, the owners of record of lots or building sites in said Tract, subject to this declaration, having an aggregate area equivalent to not less than 55% of the total area of all said property, may extend the term during which said covenant, conditions and restrictions shall bind and effect said Tract to December 31, 2025, by executing and acknowledging an instrument in writing to that effect which shall be duly recorded with the County Recorder of San Bernardino, California.
(Property owners of 55% of the land mass in any tract are necessary to extend the CCRs from 2010 to 2025.)
CCR Article XIII
The owners of record of lots or building sites in said Tract having an aggregate area equivalent to not less than 55% of the total area of all of said property may, at any time, modify, amend, cancel or annul, with respect to all of said Tract, all or any of the covenants, conditions and restrictions contained in this Declaration and any supplement or amendment thereto, by instrument in writing signed by said owners and acknowledged by them so as to entitle it to be recorded in the Office of the County Recorder of San Bernardino County, California.
(Property owners of 55% of the land mass in any tract are necessary to modify, amend, cancel or annul the CCRs.)
In 1994 Ralph Wagner and other residents of Point Hamiltair, an enclave within Arrowhead Woods, championed the removal of AWAC, Inc. from control over Point Hamiltair by conducting a vote of the homeowners of record. Today Point Hamiltair is the only Tract which will not be affected by the proposed LACSD/AWAC takeover. It was a wise decision.
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We therefore urge that each property owner when requested to authorize the LACSD takeover simply vote “NO” and separately reestablish “Self-Rule” by “OPTING OUT”.
If a majority of the property owners in Arrowhead Woods vote "NO" for the LACSD/AWAC takeover, then AWAC, Inc. will be left in place and can later be removed from control over any tract by a majority of that tract’s vote. The property owners like Point Hamiltair will be left in control. Thereafter, any or all of the desired CCRs can be extended to any reasonable date by similar vote of that tract. We do believe that CCRs or similar regulations are absolutely necessary for land management.