As we have approached the finish line on the skate park, we have learned that, effective January 1, 2012, a section of the current California Health and Safety Code is changing and the liability protection for unsupervised PRIVATE skate parks is being removed. Our proposed skate park, from day one, was designed to be unsupervised and a "use at your own risk" facility. Since the liability protection is no longer going to be afforded under the Health and Safety Code, the Board of Directors, at their regular August 2011 meeting, decided to stop any further action on the proposed skate park plan and has directed staff to withdraw our County permit request. The Board has also decided to refund the $50,000 in assessments that was specifically earmarked for the skate park and paid by the property owners in the 2011 fiscal year. A credit of $11.87 will appear on the first quarter assessment statement on November 1, 2011. Donors to the Skate Park Fund will be offered refunds.

The idea of having a skate park has not been completely abandoned. Jon Sabo, the General Manager, is working with our state assemblyman, Steve Knight, on proposed changes to the Health and Safety (H&S) Code that would specifically grant Common Interest Developments (Homeowner Associations) the same protections as public skate parks. Other sections of the current H&S Code already grant specific protections to CID's for pools, spas, beaches, etc., so this effort is not unreasonable. The length of time to work this change through Sacramento, however, is unknown.

Now that the lack of liability protection is obvious, the Board cannot accept the potential liability nor allow the membership to be put at risk. We will provide more information to you about change to the Health and Safety Code as it becomes available.

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