The CC&R voting period opens on March 31st - Check your mail

Your ballot will be mailed to the address on file with our management company. Please vote by April 30th.

Click here for detailed voting instructions

It's time to vote the proposed 2025 updated Covenants, The Conditions and Restrictions, otherwise known as CC&Rs. Our current documents were created in 1968 and need to be updated because they address issues which no longer apply, such as build-out standards for the neighborhood, while failing to address other, more contemporary needs like leveraging email. Also, the 1968 version is written in a legalese that can be difficult to follow and create ambiguities that often leave residents wondering what is, and isn't allowed and prohibited. The Peacock Gap Association encourages you to read the proposed draft carefully, since residents will have their own opinions about what is and isn't important.

How will voting happen?
As an owner of property within the Peacock Gap Homeowners Association, you will receive a ballot in the mail, sent to the owner’s mailing address on file with the management company. The ballot will come from eBallot asking you to vote yes or no on proposed revisions to The Covenants, Conditions and Restrictions (CC&Rs) that would apply to all residences within the boundaries of the Association. You will have the option to vote via mail or electronically via eBallot’s online voting platform.

What is eBallot?
eBallot is the leading online voting platform used to gather instant, trustworthy results that the Peacock Gap HOA has retained to ensure the CC&R voting process is fair and unbiased. Your votes will be anonymous and eBallot will serve as an impartial third party verifier.

View the Proposed Updated CC&Rs

View Proposed Docs

Principles used to update the CC&Rs

Make Them Current: Update rules to reflect today’s needs while preserving our community’s charm.
Protect Home Values: Focus on policies that support property values and neighborhood appeal
Be Fair & Clear: Make guidelines simple, inclusive and easy to understand.
Listen & Collaborate: Involve homeowners to ensure updates work for everyone.
Follow the Law: Ensure everything aligns with current legal requirements.

Voting Timeline

We have engaged a third party vendor called eBallot, a leading online voting platform. The HOA retained them to ensure the voting process is fair and unbiased. Your votes will be anonymous and eBallot will serve as an impartial third party verifier.

Every home owner will receive a ballot in the mail from eBallot.
Ballots will be mailed March 31, please allow a few days for your ballot to arrive.
You may vote via mail or electronically via eBallot’s online voting platform.
Please vote by April 30

Replay the Online Information Session

To ensure residents are well informed, the HOA board hosted two online information sessions where members were able to ask questions about the updated CC&Rs. View the session replay below or use the form below to submit a question.

After Community Information Sessions, we've made the following updates to the Proposed CC&Rs

Following our recent member information sessions, we have made several updates to the CC&Rs based on community feedback. The updated draft is outlined below for your review. We will continue accepting feedback until Wednesday, March 26 @ 5pm, at which point the review period will close. The final version of the CC&Rs will be posted on Sunday, March 30, at 5:00 PM, or earlier if available. Thank you to everyone who has participated in this process and shared their input!

CC&R Feedback period is now complete.

The voting period is now open, please vote by April 30th.

Updated	Section	Specific Change	Rationale
Mar. 9	2.4(b) Landscaping	Removed: "weeds"	The HOA will not police weeds, the content without that word provides enough detail to address extremely overgrown and unkempt landscaping.
Mar 16	4.2(b) Approval of the Owners	Changed To: "Assessments may be increased above the amounts set forth in Section 4.1 (a) above only with the approval of a majority of all Owners. For Regular and Special Assessments, approval shall be by a majority of the Voting Power of the Association."	The previous language would only require 17% to approve an Assessment increase, this has been changed to be a majority.
Mar 16	5.1 Use Restrictions	Added: "except as provided for in section 5.15"	This adjustment allows for rental property as well as professional businesses that meet the criteria in 5.15.
Mar 16	5.15 Restrictions on Businesses	Removed: "Except as provided for in section 5.15"	To coincide with the update above, the reference was in the wrong section.
Mar 16	5.8(b) Restrictions - Fences & Walls	Changed To: "it conforms to City of San Rafael height restrictions;"	Update made to conform with City of San Rafael Planning Division Guidelines on front fence heights to ensure our guidelines do not cause confusion because they are more permissive than the city guidlines.
Mar 16	6.1(a) Consent. - Architectural Approval	Added: "Pre-Approval guidelines for alterations, including color palettes, may be approved and distributed by the Committee at any time, directing changes that do not require approval"."	Provide clearer guidelines on items that do not require architectural approval. Residents requested a pre-approved, color palette with many options that would not require application and approval. After researching, the architectural committee is committed to create a pre-approved color palette to provide direction and prior approval for colors substantially similar to the those in the palette. This has worked for other similar HOAs, if a color is substantially different than the homeowner will apply for architectural review.
Mar 16	6.1(c) Timing	Removed: "and prior to obtaining any required permits from the Public Authority." Added: "The Owner may request expedited approval as needed."	A homeowner requested a method to request an expedited approval. The architectural committee often (if not always) approves requests in less than 30 days but we realize there are circumstances where 30 days may be too long.
Mar 16	6.4(e) Set Backs.	Added: "The City of San Rafael Planning Division regulations shall apply, and in the event of overlap of conflict, the more restrictive shall be applied."	Provide clarity if the City of San Rafael or CC&Rs are different, currently or in the future.
Mar 16	8.4 Amendment	Updated To: "This Declaration may be amended by approval of the Board, plus a majority of the total Voting Power of the Association."	Current proposed language would only require 143 Owners (33%) of Voting Power to approve a Declaration Amendment. We support getting a majority of homeowners to approve any Declaration Amendment.
Mar 23	2.4 (b) Landscaping	Added: "in compliance with guidelines from the Marin Municipal Water District." and "as defined by the Marin Wildfire Prevention Authority. Major structural changes to front landscaping that significantly alter the appearance or drainage patterns."	Adds clarity to comply with MMWD, fire prevention and ‘significant’ landscaping changes.
Mar 23	3.7 Budgets	Updated To: "Annually, between thirty (30) and sixty (60) days before the start of the new calendar year, the Board shall deliver to the Owners a copy of the proposed budget for the upcoming calendar year."	Given we operate on a calendar year rather than a fiscal year, we are updating to clarify our annual budget timing.
Mar 23	5.4 Drilling of Wells	Removed: "No tank for the storage of fuel may be maintained above the surface of any Lot." Added: "Above-ground fuel storage on the Lot shall be limited to: standard propane tanks for outdoor cooking equipment or heaters (typically 20 lbs), UL-approved containers for gasoline or similar fuels for lawn equipment or emergency generators, not to exceed 10 gallons total."	It is reasonable to have small propane or gasoline tanks.
Mar 23	5.13 (b)(2)	Added: "or completed within 72 hours"	Adding a time limit for repairs adds clarity to this restriction.
Mar 23	5.17 Signs and Flags	Added: "or home improvement provider signs may be displayed for up to 90 days."	Allowing for home improvement providers yet setting a limit for the timing to display these signs.
Mar 23	6.4 (a) Residences	Added: "(1) Residence, and no Residence may be converted to a duplex or put to other multiple and separate occupancy use without majority vote approved by the Board."	Adding clause to allow for approval.
Mar 29	5.4. Drilling of Wells	Added Back: "No well for the production of, or from which there is produced water, oil, or gas or any other mineral substance shall be dug or operated on any Lot"	Accidental removal in March 23rd update.
Mar 29	5.14. Rental or Lease of Lots	Updated To:"It is the intent of this section to protect, enhance and maintain the residential atmosphere which exists within the Community and to avoid occupancy of Residences for short periods of time or by an unreasonable number of individuals. No 'timeshare' or transient use arrangements are permitted, whether by way of rental, lease or sale. (This includes uses related to companies such as AirBnB or VRBO which require a majority vote of the Board). No Owner is permitted to lease his or her Lot to a person or company who would then sublet to others for transient or short term use. No less than the entire Residence shall be rented or leased except that an Owner who remains a full-time resident can have a roommate or an Owner may rent directly to two individuals. The initial period of the rental or lease shall not be less than thirty (30) days."	Providing more clarity around rentals, exception process for AirBnB like properties as well as acknowledge multiple tenants per Residence.

Frequently Asked Questions

The CC&Rs (short for covenants, conditions and restrictions) are a set of legally enforceable rules governing use of lots in the neighborhood. Our current CC&Rs were created in the early 1960s and filed in the county deed records by the developer of Peacock Gap as a way to assure prospective lot buyers that certain high standards would be maintained with respect to the maintenance and appearance of the neighborhood. Each of the four subdivisions that comprise the neighborhood known as Peacock Gap has its own set of CC&Rs, but those four documents are substantially identical.

If approved, the new CC&Rs will modify the provisions for periodic renewal of the CC&Rs and clarify the procedures for setting annual dues and for making future amendments. The Association encourages you to read the proposed draft carefully, since residents will have their own opinions about what is and isn't important.

The majority of the CC&R substance has remained the same.

What's been added:

Item	Reasoning
Electronic distribution of materials and notices See ARTICLE I - DEFINITIONS	Email and websites did not exist when our CC&Rs were created, we simply added that this was a viable way to distribute materials.
Minimum days you may rent your home, including on AirBnB & VRBO. See Section 5.14.	Home rentals of this nature did not exist in 1960, The new provision regarding short term rentals matches the city of San Rafael regulations. The provision states that the minimum number of days that you may rent your home is 30, this includes on services like AirBnB and VRBO.

What's been updated:

1960 Version	2025 Proposed Version	Reasoning
Four distinct sets of CC&Rs for each subdivision of the HOA	A single set of CC&Rs for all 427 homes in Peacock Gap See section DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PEACOCK GAP HOMEOWNERS ASSOCIATION first paragraph.	Originally we had four sets of CC&Rs because each subdivision construction was completed at different times. One set of CC&Rs for all homes is easier to manage and we don’t lose any of the specificity because, if required, we may still add provisions that only apply to certain homes like the need to keep the grass cut on the corner of Peacock Drive.
CC&Rs expire	CC&Rs auto-renew See Section 8.3	Instead of very long periods between CC&R voting, the proposed CC&Rs will auto-renew and include the ability to update, add and remove provisions over time as things change. This allows us to keep CC&Rs current while not having to run votes like this in the future.. Auto-renewal is now standard for California HomeOwners Associations.
Vague language about the annual dues and the ability to increase the fee.	Explicit language that limits the % increase per year See Section 4.2(a)	Because our HOA has very few expenses we wanted to limit increases in annual dues to no more than 3% per year.
Vague language about how to resolve neighbor to neighbor disputes.	Clear steps to follow to follow starting with mediation See Section 7.3(c)(2)	Previous version required involvement from the Board and now the new version empowers neighbors to work together to resolve any conflicts.

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