C,C&R’S – Covenants, Conditions and Restrictions
RESTATED DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
CONDO SWEET CONDO
HOMEOWNERS ASSOCIATION
Prepared: January 1, 200X
TABLE OF CONTENTS
Article I Definitions
Association PAGE ___
Owner
Properties
Common Area
Project
Board
Member
Declaration
Mortgage and Mortgagee
Maintenance
Subdivision and Tract
Manager
Project
Article IIProperty Rights and Easements
PAGE NO. __
Owners’ Rights of Enjoyment and Easements
Other Easements
Other Encroachments on Common Area or Lots
Utility/Drainage Easements
Delegation of Use
Article III Membership and Voting Rights
Membership
Voting of Members
Suspension of Membership Rights
Article IV Covenant for Maintenance Assessments
Creation of the Lien/Personal Obligation.
Purpose of Annual Assessments
Operating Funds
Reserves
Maximum Annual Assessment
Special Assessments
Fines and Penalties
Added Assessments for Special Purposes
Notice for Any Action
Notice for Any Action
Uniform Rate of Assessment
Commencement Date/Collection of Assessments
Effect of Nonpayment of Assessments/Remedies
Subordination of the Lien to Mortgages
Exempt Property
Article V Architectural Design and Committee Structure
Architectural Changes Restricted
Purpose
Committee
Organization of Committee
Term of Office
Meetings of the Committee Compensation of Members
Review of Proposed Construction Application for Approval Standards
Inspection of Work
Inspection of work
Exceptions
Non-liability of Committee Members
Maintenance of Improvement
Article VI Uses Prohibited and Permitted
Residential Use
Residential purpose
Residential Lease (Rental Agreement)
Commercial Use Prohibited
Oil Drilling
Nuisances/Offensive or Hazardous Activity
Animals
Parking Areas and Vehicles
Garage Use
Trash
Antennae, Satellite Dishes, External Fixtures
Yule Lighting
Fences
Restricted Use of Recreational Vehicles
Traffic Rules
Compliance with Laws
Article VII Maintenance/Repair Obligations
Association Is Obligations
Common Area Maintenance
Lot Maintenance
Exteriors
Patios
Landscaping
Earthquake Damage
Owner’s Obligations
Identifiable Vandalism/Intentional Destruction.
Article VIII Rules
Rules and Regulations, Generally
Traffic Rules
Article IX Insurance
Coverage
Buildings and Improvements
Comprehensive Liability Coverage
Directors & officers Acts
Workman”s Compensation Coverage
Fidelity Bond
Deductibles
Claims
Cross-Liability Endorsement
Damage or Destruction to Properties
Responsibility of Individual owners
Article X Powers and Authority of the Association
General Powers
Limitation and Delegation of Powers
Article XI Condemnation
Sale by Unanimous Consent
Distribution of Proceeds of Sale
Distribution of Condemnation Award
Revival of Right to Partition
Partial Condemnation
Article XII Owners Obligation Re: Sale or Lease
Notification Upon Sale or Lease …..
Notification Upon Sale or Lease
Documents to Prospective Purchaser (s)
Sale/Notice to Association
Lease/Notice to Association
Effect of Failure to Notify
Effect of Failure to Notify
Obligation of Owners
Compliance of Lessee
Transfer of Responsibility for Assessments
Severability of Membership
Obligation of Disclosure
CONDO SWEET CONDO
TABLE OF CONTENTS
Article XIII Right of City to Compel Performance
Article XIII Right of City to Compel Performance
Article XIV Non-Severability of Component Interests
Prohibition Against Severance
Conveyances
Article XV Mortgagee Protection
Restrictions on Certain Changes
Distribution of Insurance
Article XVI General Provisions
Enforcement
Severability
Term of Declaration and Amendment
Indemnification of Officers, Board Members
Indemnification for Other Harm
Notices
Obligation for Taxes
Liens on Properties
Arbitration
Affidavit.
Acknowledgment
Index
RECORDED AT THE REQUEST OF:
CONDO SWEET CONDO
HOMEOWNERS ASSOCIATION
AFTER RECORDATION RETURN TO:
RESTATED DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS
CONDO SWEET CONDO HOMEOWNERS ASSOCIATION
A PLANNED DEVELOPMENT
THE BOARD OF DIRECTORS OF THE CONDO SWEET CONDO HOMEOWNERS ASSOCIATION, WISHES THE PUBLIC TO BE AWARE THAT THIS RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SUPERSEDES ALL PRIOR RECORDED DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS AND SUPPLEMENTS OR AMENDMENTS THERETO INCLUDING, BUT NOT NECESSARILY LIMITED TO THAT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED OCTOBER 7,19xx, AT BOOK xxxxx, PAGE XXXX, OFFICIAL LOS ANGELES COUNTY RECORDS AND THE FOLLOWING AMENDMENTS THERETO:
DATE INSTRUMENT NO.
The undersigned hereby certify that they are the President and Secretary, respectively of the association, ______________ HOMEOWNERS ASSOCIATION, and are authorized by the Board of Directors to execute this Restated Declaration.
The original Declaration created a planned development subdivision administered by the Association named above, for subdivisions and properties described herein.
WHEREAS, the Association has heretofore been incorporated under the laws of the State of California as a non-profit mutual benefit corporation, ______________ HOMEOWOWNERS ASSOCIATION for the purposes of exercising the functions hereinafter described; and,
WHEREAS, Covenants, Conditions, Restrictions, reservations, servitudes, easements and liens which affect the subject properties have heretofore been recorded; and,
WHEREAS, the membership has tendered the requisite approval from not less than seventy-five percent (75 %) of the members to amend and restate the previously recorded Declarations of Covenants, Conditions and Restrictions; and,
WHEREAS, this Corporation hereby establishes these Restated Covenants, Conditions and Restrictions for the benefit of the Owners of all Lots at _______________.
NOW, THEREFORE, this Association hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the dmfibed properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE 1
Section 1 ”Association” shall mean and refer to CONDO SWEET CONDO Homeowners Association, a California nonprofit mutual benefit corporation organized for the purpose of managing the common interest development known as CONDO SWEET CONDO.
Section 2. ‘Owner’ shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. ‘Properties’ shall mean and refer to that certain real property as described in Sections 4 and 5 below, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. ‘Common Area’ shall mean all real property owned by the Association for the common use and enjoyment of the Owners, and described as follows:
Common Area: Phase I
Lots I and 24 of Tract Number 8952, per Plat Map Recorded in Book 127 of Maps, Pages 38, 39 & 40, Official Records of San Bernardino County
Common Area: Phase II
Lot 24 of Tract Number 8946, per Plat Map Recorded in Book 133 of Maps, Pages 68& 69, Official Records of San Bernardino County
Sectim5 ‘Lots’ shall mean and refer to Lots, 2 through 16, and 18 through 23 of Tract 8952, and Lots, 1 through 23 of Tract 8946, Parcels I & 2 of Parcel Map 4034 and Parcels I & 2 of Parcel Map 4035, and any structures placed thereon excepting all Common Area.
Section 6. ‘Unit’ or ‘Residential Unit” as used herein shall mean and refer to the improvements constructed upon the Lot.
Section-7- ‘Board’ shall mean the Board of Directors of the Association, duly appointed and elected pursuant to this Declaration (hereinafter referred to as ‘CC&Rs’), the Articles of Incorporation and ByLaws currently in effect.
Section 8. ‘Member’ shall mean and refer to those persons entitled to membership as provided herein and in the ByLaws for the Association.
Section 9. ‘Declaration’ shall mean and refer to the Covenants, Conditions and Restrictions (CC&Rs) and all other provisions herein set forth in this entire document, as may from time to time be amended.
Section 10, ‘Mortgage’ shall mean a mortgage or deed of trust encumbering all or any portion of the Project. A mortgage shall also mean an installment sales contract as to a Lot or other portion of the Project entered into under and pursuant to Article 3, Chapter 6, Division 4 of the California Military and Veterans Code, or any amendments thereto, whereunder The Department of Veterans Affairs of. the State of California (’DVA”) is Seller (a “Cal-Vet’ contract). The term ‘Mortgagee’ shall mean and include the beneficiary under a deed of trust and the DVA under a Cal-Vet contract.
Section I 1. ‘Maintenance” shall mean the exercise of reasonable care to keep buildings, driveways, landscaping and other related improvements and fixtures in a state similar to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of regular fertilizing, irrigation and other garden management practice necessary to promote healthy, weed-free environment for optimum plant growth.
Section 12, ‘Subdivision’ and ‘Tract” both mean and refer to the separate subdevelopments/phases in the _________________ development and are used interchangeably.
Section 13, “Manager” shall mean the management agent, if any, whether individual or corporate.
Section 14, ‘Project” shall mean and refer to all of the real property, together with improvements thereon, described hereinabove.
ARTICLE 11
PROPERTY RIGHTS AND EASEMENTS
Section 1. Owners’ Rights of Enjoyment and Easements, Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) The right of the Association to recover costs incurred by homeowners’ off season use of the recreational facilities; limit the number of guests; promulgate rules and regulations regarding use of the facilities; and to impose penalties for violation of the governing documents, rules, and regulations.
(b) The right of the Association to assign, rent, license or otherwise designate and control use of unassigned parking spaces within the Common Area. Any vehicle owned or leased by an invitee of any Owner, renter, lessee or resident of a residence within the Project, with the purported consent or cooperation of any Owner, renter, lessee or resident for a period of time greater Om forty-eight (48) hours, must have prior written approval of the Board of Directors for such parking, said approval to be petitioned for by the Owner, renter, lessee or resident whose invitee owns or leases said vehicle. The petition for approval shall contain information regarding the following: (1) identification of the invitee; (2) the reason for the requested parking; (3) the anticipated length of time the vehicle is to be parked; and, (4) such other information as may be requested by the Board of Directors.
(c) The right of the Association to suspend the voting rights and right to use the recreational facilities by an Owner, family, tenants, guests:
(1) For any period during which any assessment against his Lot remains unpaid; and
(2) For any reasonable period of time in relation to the seriousness and/or severity of the violation for any infraction of its published rules and regulations, or for any period during which such infraction persists, after reasonable notice and an opportunity to request a hearing by the Board of Directors of the Association.
(d) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility. No dedication or transfer shall be effective unless a certificate signifying approval of fifty-one percent (51 %) of members agreeing to such dedication or transfer has been recorded. Consent of the members shall not be required for any utility easement or rights of way granted to any utility company or public authority or agency to provide water, gas, electricity, telephone or television service, for storm drains, for sanitary sewer lines.
(e) The right of the Association, or its agents, to enter any of the Units in order to perform its obligations hereunder or the obligations of Owners which Owner refuses to perform, which right shall be immediate in case of an emergency originating in or threatening such Unit, whether the Owner is present or not.
(f) Any other non-exclusive easements and use restrictions contained in this Restated Declaration.
Section 2. Other easements are hereby created as follows:
(a) Eaves which may be erected on Lots on the properties may encroach onto Common Area
provided, however, that such encroachment shall not exceed beyond the “eave line”.
(b) The Association shall have an easement across every Lot for the limited purposes of repairing, painting or otherwise maintaining the exterior walls and roofs of the living Units, for watering, planting, cutting, removing and otherwise caring for the landscaping, for cleaning, repairing, replacing and otherwise maintaining or causing to be maintained sewer lines and underground utility lines serving the Lots and for entry into an improvement constructed upon a Lot for admittance of such authorized persons as are reasonably necessary in the event of an emergency.
Section-3- Other Encroachments On Common Area Or Lot:
In the event that any portion of any Unit encroaches upon the Common Area or another Lot to a distance of less than five feet as a result of the construction, reconstruction, repair, shifting, settlement, or movements of any portion of or within the properties (and outside control of the Owner), the Owner of such Unit __ have a valid easement for any such encroachment and for the maintenance of the same, which easement shall. exist so long as such encroachment exists.
Section 4. Utility/Drainage Easements,
There shall also be an easement for the installation and maintenance of utilities and drainage facilities as shown on the recorded Map. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the above or which may damage, interfere or change the direction of flow of drainage facilities in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot or, if in a Common Area, by the Association except for those improvements for which a public authority or utility company is responsible.
Section 5. Delegation of Use:
Any Owner may delegate, in accordance with the provisions of these Covenants, Conditions and Restrictions and the ByLaws for this Association currently in effect, said rights of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property and the Lot Owner shall be responsible to take whatever steps are necessary to assure the residents’ compliance with the rules and regulations of the Association. Where such rights are delegated to tenants or a contract purchaser, said Owner waives rights to use the Common Area and recreational facilities for the period of time so delegated. Owner shall notify the Secretary of the Association whenever such rights are delegated, and to whom they are delegated, and the relationship between Owner and said party. Even delegated, the rights are subject to suspension under 1(d) above.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership.
Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. When any Lot is sold, the membership hereby created shall transfer to purchaser.
Section 2. Voting of Members,
The members shall have voting rights as set forth in the ByLaws, with one vote for each Lot.
Section 3. Suspension of Membership Rights & Privileges of Owner,
If any Owner (or the occupant of any Lot owned by such Owner, or the invitee or licensee of such Owner) shall violate any of the provisions of this Restated Declaration, the Articles, the ByLaws, or the Rules and Regulations then, in addition to such other remedies as are afforded in those documents, the rights and privileges of such Owner as a Member of the Association, including, but not limited to, the right to vote under this Restated Declaration, may be suspended consistent with the Amended Restated Declaration, Article H, Section l(b).
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENT’S
Section 1. Creation of the Lien and Personal Obligation of Assessments, Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Annual assessments or charges plus assessments added thereto as is otherwise specifically provided for in this Restated Declaration; (2) special assessments for capital improvements; (3) assessments for violations of Association rules (otherwise called fines/penalties); and, (4) additional assessments for special purposes to be established and collected as hereinafter provided. All such assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made and shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his/her successors in tide unless expressly assumed by them.
Section-2- Purpose of Annual Assessments, The assessments levied by the Association shall be used exclusively to promote the recreation, safety, and best interests of the residents in the properties and for the improvement and maintenance obligations of the Association. Said assessments shall include and Association shall acquire and pay for out of the funds derived from said annual assessments the following:
Maintenance Funds, Provision of materials, supplies, furniture, labor, services, maintenance, repairs, insurance, taxes or assessments which the Association is required to secure or pay for pursuant to the terms of this Restated Declaration or the currently effective ByLaws or which in the opinion of the Association’s Board of Directors shall be necessary or proper for the operation of the Common Area, for the benefit of the Homeowners Owners, or for the enforcement of these restrictions.
Reserves. Reserves are for capital improvements and related repair, replacement and other costs. Funds designated as reserves shall not be spent on regular maintenance or operations costs unless the Board deems it necessary. In that event, the Board of Directors shall adopt a plan whereby any funds so borrowed will be repaid to the reserve account within three (3) years.
No Owner shall be relieved of an assessment or any part thereof by reason of his/her failure to use the recreational facilities or for any other reason.
Section 3. Maximum Annual Assessment, As allowed by California law, and as reasonably required by need, the Board of Directors may for any fiscal year, increase the annual assessments up to 20% without a vote of the membership. For any increase exceeding 20%, the Board must obtain the assent of a majority of the members; at a duly convened meeting where a quorum of fifty-one percent (51 %) is present; or by written ballot where a quorum of fifty-one percent (51 %) responds, except in an emergency situation as defined by Civil Code §1366 or an exception existing under Civil Code §1365 related to borrowing from reserves.
Section -4 Special Assessments, As allowed by California law, and as reasonably required by need, the Board of Directors may for any fiscal year, impose special assessments which in the aggregate do not exceed five percent (5 %) of the budgeted gross expenses for that fiscal year. For any special assessment that exceeds five percent (5%), the Board must obtain the approval of a majority of the members at a duly convened meeting where a quorum of fifty-one percent (51 %) is present (or by written ballot where a quorum of fifty-one (51 %) responds), except in an emergency situation as defined by Civil Code §1366 or an exception existing under Civil Code §1365 related to borrowing from reserves.
Section 5 Fines & Penalties, The Association may levy reasonable fines and/or penalties for violation of the conditions, covenants and restrictions found herein and the rules promulgated hereunder. All such fines or penalties are subject to the provisions herein relating to collection and enforcement of assessments, including the rights of the Association to record a hen or foreclose for non-payment. Any imposition of such fines or penalties are subject to the Owner’s right to a hearing, as follows:
The Owner involved must be given no less than 15 days’ NOTICE by the Board of Directors of any violation occurring and the fine, penalty or cost to be assessed. Owner must request a hearing within 10 days of receiving said NOTICE, to be held by the Board of Directors regarding the penalty or cost assessed. If a hearing is requested, an opportunity must be given to the Owner charged to appear at said hearing and to present such evidence as he desires to the Board of Directors in support of his assertion, if any, that: (1) no violation occurred and/or,(2) the fine, penalty or cost is not warranted.
Section-6. Added Assessments for Special Purposes, The Board of Directors may make a special purpose assessment against any Lot and the Owner thereof for the cost and expenses, including a reasonable attorney’s fee, incurred by the Association, to perform or enforce any responsibility or duty of such Owner under this Restated Declaration (where the Owner refuses), including all expenses incurred by reason thereof. Such special purpose assessment may be added to the annual assessment or the monthly installment payment of such assessment. Such special purpose assessment shall be payable within fifteen (15) days after notice thereof to the Owner who is subject thereto, or at a later date as may be specified by the Board in making such special purpose assessment. Before making any such special purpose assessment, the Board shall give notice to the Owner of the proposed assessment in the same manner specified in Section 5 above. If the Board determines that the proposed special purpose Assessment shall be made after hearing the protest, or if the Owner does not appear before the Board, notice to the Owner of the outcome shall be sent reaffirming the amount and date due. These assessments are also subject to the Association’s lien and foreclosure rights herein.
Section 7. Notice for any Action Authorized Under Section 3 or 4. Any action authorized under Section 3 may be taken at a meeting called for that purpose or by written ballot. Written notice of any such meeting shall be sent to all members not less Om ten (10) days in advance of the meeting.
Section 8. Uniform Rate of Assessment, Both annual and special assessments as set forth in Sections 3 and 4 must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Fines, penalties and other assessments as specified in Sections 5 and 6 shall be imposed pursuant to the policies adopted by the Board of Directors.
Section 9. Date of Commencement and Collection of Annual Assessments, Due Dates, The Board of Directors, in accordance with Sections 3 and 4, shall fix the amount of the annual assessments against each Lot at least thirty (30) days in advance of each annual assessment period where possible. In any event, written notice of any annual assessment increases or special assessments shall be sent to every
Owner subject thereto not less than thirty (30) nor more Om sixty (60) days before the assessment(s) fall due. The due date(s) and payment periods shall be established by the Board of Directors.
The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 10, Effect ofNonpayment of Assessments, Remedies ofthe Association, If any assessment hereunder is not paid within fifteen (15) days after the due date, a late charge of up to ten dollars ($ 1 0. 00) or ten percent (I 0 %) of the delinquency, whichever is greater, may be imposed. Interest may accrue and be charged on all sums (including assessments, penalties and reasonable costs of collection) which are more Om thirty (30) days overdue, at the rate of up to twelve percent (1 2 %) per annum, the maximum authorized by California law. The Board of Directors has discretion to impose late fees and/or interest as allowed herein as established by Board policy. In the event of a default payment of any assessment and in addition to any other remedies herein or by law provided, the Association may enforce each such obligation as follows:
(a) By suit or suits at law to enforce each such assessment obligation. Any request for judgment in any such action shall include a sum for expended attorney’s fees and related costs.
(b) At any time after the delinquency of any assessment (including regular, special or other as specified in Sections 3 and 4 herein), the Association may give notice to the defaulting Owner, which said notice shall state the date of the delinquency, the amount of the delinquency, the late fee and the interest charge for such delinquency, and make a demand for payment thereof. If such delinquency, late fee and interest is not paid within thirty (30) days after delivery of such notice, the Association may elect to file a claim of lien against the Lot of such delinquent Owner. Such claim of lien shall state (1) the name of the delinquent Owner or reputed Owner, (2) a description of the Lot against which claim of lien is made, (3) the amount claimed to be due and owing (with any proper off-set allowed), (4) that the claim of lien is made by the Association pursuant to the terms of these restrictions (giving the date of execution and the date, book and page reference of the recording hereof in the Office of the Recorder of the County of San Bernardino), and (5) that a lien is claimed against said described Lot in an amount equal to the amount of the stated delinquency plus interest and late fees as applicable. Any such claim of lien shall be signed and acknowledged by an authorized officer of the Association. Upon recordation of a claim of lien by the County Recorder, the lien claimed herein shall immediately attach and become effective as a continuing’ lien covering all subsequent delinquencies and attendant penalties. Any such lien may be foreclosed by the Association, its attorney, or any other person authorized by the Association, either by appropriate action in court or in the manner provided by law for the foreclosure of a mortgage under power of sale. Upon sale, a certificate of sale shall be executed and acknowledged by an authorized officer of the Association or by the person conducting the sale. A deed upon foreclosure shall be executed in like manner.
The Association may bring an action at law against the Owner personally obligated to pay the assessment, or foreclose the lien or pursue both remedies without waiving the right to either remedy until the assessment, including all of the charges, have been fully paid and satisfied. The Association shall have the power to bid for the Lot at the sale under its power of sale or at any court foreclosure sale and to acquire and hold, lease, mortgage and convey the same.
Section 1 ages, The lien of the assessments provided for herein, Subordination of the Lien to Mortgage shall be subordinate to the lien of any first mortgage. A sale or transfer of any Lot to the
mortgage beneficiary shall not affect the assessment lien. However, the transfer of any Lot pursuant to a senior mortgage foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due as from the lien thereof. Notwithstanding anything herein to the extent California law addresses the lien priority issue, California law shall prevail.
Section 12- Exempt Property, All Common Area and properties dedicated to, and accepted by, a local public authority shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt.
ARTICLE V
ARCHITECTURAL COMMITTEE
Section 1 Architectural Committee. No building, fence, wall, antenna, pole, standard, tower, or other structure shall be installed, erected or maintained upon any of the subject Properties nor shall any exterior addition to or change or material alteration to front yard landscaping herein be made until the plans and specifications showing the nature, kind, shape, height, exterior color change, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors
Section 2. The Architectural Committee shall function in an advisory capacity to the Board, and no Owner shall make any alteration, addition or modification to the exterior portion of the Unit or to the Common Area without prior written approval by the Board, which approval shall be deemed also to constitute approval of the Architectural Committee. The Board shall have authority by majority vote to reject, in whole or in part, the recommendations of the Architectural Committee, in its absolute discretion.
Section 3. Committee,
(a) Organization of Committee, The Committee shall consist of dim (3) persons, as appointed by the Board, all of whom shall be Owners. At least one (1) member (the Chairman) shall be a Board member. If there are not enough volunteers willing to serve on such a Committee, the Board shall serve in its place.
(b) Term of Office, Each member of the Committee shall serve two (2) years in office or until such time as he has resigned, has been removed, or a successor has been appointed. Members may be reappointed by the Board.
(c)Meetings of the Committee, The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time designate one of its members to take action or perform any duties for and on behalf of the Committee, except the granting of exceptions hereunder. In the absence of such designation, the vote of the majority of the Committee, or the written consent of all Committee members for action taken without a meeting shall constitute an act of the Committee.
(d) mMnsafion of Members, The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder.
(e) Review of Proposed Construction The Committee shall consider, act upon, and make recommendations on any and all proposals or plans and specifications submitted for its approval and perform such other duties as from time to time shall be assigned to it by the Board.
Application for approval The request for change including the plans and specifications showing the nature, kind, shape, height, materials, color, location, and scheme of the same must be submitted to the Committee with a copy to the Board. The Committee may suggest as part of its recommendations conditions or changes that it deems appropriate so as to be in conformance with all rules, standards and specifications contained in the CC&Rs, ByLaws and the Rules and Regulations of the Association. The Committee shall make its recommendation to the Board within thirty (30) days of the application being submitted. In the event the Board of Directors fails to approve or disapprove such design and location within sixty (60) days after said plans and specifications have been submitted, approval will not be required, and this Article will be deemed to have been fully complied with.
(g) Standards, The Architectural Committee shall develop and adopt standards to be used in considering applications. Said standards shall include a requirement that major improvements involving wall and roof penetrations or structural members must be performed by an insured, licensed contractor after required local building permits have been obtained.
(h)’Inspection of Work, Inspection of work and correction of defects therein shall proceed as follows:
(1) Upon the completion of any work forwhich approved plans are required under this Article, the Owner shall give written notice of completion to the Committee.
(2) Within thirty (30) days thereafter, the Committee or its duly authorized representative shall inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such thirty (30) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy the same.
(3) (3) If upon the expiration of thirty (30) days from the date of such notification, the Owner shall have failed to remedy such noncompliance, the Committee shall notify the Board in writing of such failure. The Board shall then set a date on which a hearing shall be held before it regarding the alleged noncompliance. The hearing date shall be not less than fifteen (15) days nor more than forty-five (45) days after notice of noncompliance is given to the Board by the Committee. Written notice of the hearing date shall be given at least ten (10) days in advance thereof by the Association to the Owner, the Committee and, in the discretion of the Board, to any other interested party.
(4) At the hearing the Owner, the Architectural Committee, and in the Board’s discretion, any other interested person, may present information relevant to the question of the alleged noncompliance. After considering all such information, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Board shall announce its ruling at the conclusion of the hearing and, promptly thereafter, shall direct the Owner in writing to remedy the problem within a period of not more Om forty-five (45) days from the date of the Board ruling.
(5) If for any reason the Architectural Committee fails to notify the Owner of any noncompliance within thirty (30) days after receipt of said written notice of completion from the Owner, the improvement shall be deemed to be in accordance with said approved plans.
Exceptions, The Committee, with prior Board approval, may authorize exceptions from compliance with any of the architectural provisions of this Declaration or promulgated rules, standards, and specifications. If such exceptions are granted, no violation of the covenants, conditions and restrictions contained in this Declaration or established rules, standards, and specifications shall be deemed to have occurred with respect to the matter for which the exception was granted. The granting of such an exception shall not operate to waive any of the terms and provisions of this Restated Declaration or established rules, standards, and specifications for any purpose except as to the particular property and particular provision hereof covered by the exception, nor shall it affect in any way the Owner’s obligation to comply with all government laws and regulations affecting the use of the premises, including but not limited to, zoning ordinances or requirements imposed by the City of Upland, California, or any government authority.
Non-liability of Committee Member Neither the Committee nor any member thereof shall be liable to the Association, or to any Owner for any loss, damage or injury arising out of or in any way connected with the performance of the Committee’s duties hereunder unless due to the willful misconduct or bad faith of the Committee or a member thereof. The Committee may review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and Red Hill North generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of homes and buildings, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes.
Maintenance of Improvement Except for any maintenance obligation voluntarily accepted in writing by the Board of Directors, Owner shall be responsible for maintenance and upkeep of improvement or modification constructed.
ARTICLE VI
Section 1. Residential Use,
(a) Residential Purpose. All Lots and living Units shall be used for residential purposes only.
(b) Residential Lease (Rental Agreement), No lease may be for less than thirty (30) days and Units are not to be used for hotel or transient purposes. Any lease or rental of a residence shall provide that its terms are subject to all respects to this Restated Declaration, the ByLaws, the rules and regulations of the Association, and the actions of the Board, that any failure of the lessee to comply with the terms of the foregoing shall be a default under the lease. A copy of the Restated Declaration, ByLaws and all Association rules and regulations shall be provided by the Owner to the I&Lessee at the time a lease is executed. The lease/rental agreement also applies to a third party rental (i.e., sub-lease). Non-resident Owners shall provide the Association with identification of all tenants in writing within a reasonable time after the change in occupancy.
Section 2. Commercial Use Prohibited, No part of properties shall ever be used or cause to be used or allowed or authorized in any way directly or indirectly, for any business, commercial, civil, manufacturing, mercantile, storing, vending, or other such nonresidential purposes excepting, home offices or occupations without external evidence thereof. No internal business will be allowed to infringe on Common Area.
Section 3. Oil Drilling No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind, shall be permitted upon or in the Project, nor shall oil wells, tanh, tunnels or mineral excavations or shafts be permitted upon the surface of the Project or within five hundred (500) feet below its surface. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon the Project.
Section 4. Nuisances and Offensive or Hazardous Activity, No noisy, hazardous, noxious, offensive, immoral or illegal activity shall be carried on upon any Lot or portion of the properties, nor shall anything be done or kept thereon which may be or may become an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each of the Owners of his respective Lot. This includes, but is not limited to, barking dogs and loud music. No Owner shall permit or suffer anything to be done or kept upon his Lot or any part or portion of the properties which will increase the rate of insurance thereon, or result in its cancellation.
Section 5. Animals, No animals, reptiles, rodents, birds, livestock or poultry shall be kept in any Unit or elsewhere within the Project except up to one (1) small domestic dog or one (1) small cat, and birds inside bird cages, may be kept as household pets within any Unit, provided they are not kept, bred or raised therein for commercial purposes and do not cause an odor or noise such as would unreasonably disturb the use and enjoyment of the properties by other Owners. All dogs or cats must be carried or lead on a leash when in or on the Common Area.
Any Lot Owner shall be absolutely liable to each and all remaining Owners, their families, guests, and invitees, and to the Association, for any and all damage to person or property caused by any pets brought upon or kept upon the Lots or the Common Properties by any Lot Owner or by members of his family, guests or invitees. The Board of Directors has authority to adopt rules and regulations related to the control and maintenance of pets and appropriate penalties for infraction of said rules and regulations.
Section 6. Parking Areas and Vehicles, The Board has authority to adopt reasonable rules and
regulations regarding parking in the development. Unless otherwise permitted by the Association, no Owner, renter, lessee, resident, invitee or other person, shall park, store or maintain in or on the Project any boats, trailers, campers, trucks or commercial vehicles not customarily used as a means of general transportation. Nor shall anyone repair or rebuild any boat, trailer, camper, or any other vehicle in the Common Area. No vehicle shall be parked, stored or maintained overnight in or on the Project or any portion thereof or for any period longer Om six (6) hours within any twenty-four (24) consecutive hour period, except in a parking area approved by the Association or in a garage. Provided, however, that the temporary parking of boats, trailers, campers, vehicles towing another vehicle, or other vehicles not customarily used for means of general transportation for periods of short duration, but not to exceed twenty-four (24) hours within any forty-eight (48) consecutive hour period and only as an incident to loading of, or unloading therefrom, shall be allowed. Any vehicle owned or leased by an invitee of any Owner, renter, lessee or resident of a residence within the Project, with the purported consent or cooperation of any Owner, renter, lessee or resident for a period of time greater than forty-eight (48) hours, must have prior written approval of the Board of Directors for such parking, said approval to be petitioned for by the Owner, renter, lessee or resident whose invitee owns or leases said vehicle. The petition for approval shall contain information regarding the following: (1) identification of the invitee; (2) the reason for the requested parking; (3) the anticipated length of time the vehicle is to be parked; and, (4) such other information as may be requested by the Board of Directors. In the event approval is granted, the Board shall designate where said vehicle is to be parked. If such written approval is not obtained, said vehicle will be towed away at the expense of the Owner, renter, lessee, or resident whose invitee has parked said vehicle. Any vehicle, registered or unregistered, which, in the discretion of the Board of Directors, is dilapidated, inoperable or unreasonably unsightly, may be towed away at the expense of the Owner if not voluntarily removed by the Owner upon request of the Board of Directors.
Section 7. Garage Use.. Garages shall be used only for the parking of motor vehicles and the enclosed storage of family effects and shall not be converted for living or recreational activities. There shall be no storage of any item in or upon a Unit except in an area not visible from the Common Area, other Units, or adjoining streets. – No item of any sort may be stored by Owners, renters, lessees or residents in the Common Area. Garage doors, if any, shall remain closed at all times except when entering or exiting. The Board may adopt such additional rules and regulations respecting this section as from time to time seems to be in the best interest of the Owners. Garage approaches shall not be used for parking vehicles, but only for ingress and egress to garages.
Section-& Signs, Two signs, one on the street side and one on the golf course side, of customary and reasonable dimensions advertising a Lot or Unit for sale or for rent may be displayed. Said signs must be of a professional type and dignified appearance.
Section-9- Trash, All garbage and trash shall be placed and kept in covered containers. All Owners shall keep trash collection receptacles out of sight at all times except prior to collection by the disposal service.
Section 10, Antennae, Satellite Dishes, External Fixtures, Etc, Except as authorized by the Association (the Board of Directors or Architectural Committee) in writing, no television or radio poles, antennae, flag poles, clotheslines or external fixtures other than those originally installed or thereafter approved by the Association and any replacements thereof, shall be constructed, erected or Maintained on or within the Common Area, including any structures thereof, or on the exterior of the buildings of the Project or that protrude through the walls or the roof of the buildings. Additionally, there shall be no drying or laundering of clothes on the balconies, patios, porches or other areas. No wiring, insulation, air-conditioning or other machinery or equipment other than that originally installed or approved by the Association, if any, and any replacements thereof, shall be constructed, erected or maintained on or within the Common Area, including any structures thereof. Each Owner shall have the right to maintain television or radio antennae within completely enclosed portions of his/her Unit; or to install cable television if it is or becomes available to him/her.
Section I 1. Yule Lighting, No wiring, insulation, air-conditioning or other machinery or equipment, other than that originally installed or approved by the Association, shall be constructed, erected or maintained on or within the Common Area. However, the temporary erection of lighting customarily used to decorate the exterior of homes during the Yule Season is acceptable, provided that:
(a) The materials used are not excessive or offensive;
(b) No puncture of any exterior surface other than wood is made;
(c)The smallest feasible size and number of nails or screws is used; and,
(e) The installation of such lighting shall not occur prior to the first day of December and all material used for the project shall be completely removed not later Om the fifth day of January of the following year.
Section 12, Fences, No fences, awnings, ornamental screens, sunshades or walls of any nature shall be erected or maintained on or around any portion of any structure or on or around any part or portion of the Common Area, nor shall any objects be placed or maintained on the exterior of any building within the Project, except such as are installed, placed or maintained in accordance with the original construction of the Project, and any replacement thereof, or as are authorized and approved by the Association.
Section 13.. Restricted Use of Recreation Vehicles, No boat, truck, trailer, camper, recreational vehicle or tent shall be used as a living area while located on the Project.
&QUO_L4, Traffic Rules- Each Owner shall observe all regulations from time to time established by the Association, including, but not limited to, speed limitations and directional arrows and signs when using the parking and garage facilities within the Project.
Section IL Compliance with Law Nothing shall be done or kept in or on any Lot or in the Common Area which might increase the rate of, or cause the cancellation of, insurance on the Project, or any portion thereof, without the prior written consent of the Association. No Owner shall permit anything to be done or kept in or on his/her Lot which is immoral or in violation of any law, ordinance, statute, rule or regulation of any local, county, state or federal body. No Owner shall allow furniture, furnishings or other personal property belonging to such Owner to remain within or on any portion of the Common Area excepting portions thereof subject to exclusive casements over Common Area appurtenant to such Owner’s Lot, if any, and excepting as may otherwise be permitted by the Association.
ARTICLE VII
MAINTENANCE REPAIR-OBLIGATIONS
Section 1. Association’s obligation, The Association is responsible as follows:
(a) Common Area Maintenance, The Association shall maintain, or provide for the Common Areas of Red Hill North and all improvements of whatever kind and for whatever purpose, located thereon in good order and repair, and shall likewise maintain or provide for the maintenance of walkways, streets, and utility laterals. In addition to the above-described building maintenance, the Association shall provide all necessary landscaping and gardening to generally maintain and periodically replace, when necessary, ground cover, grass and vege tation in the Common Areas and shall maintain all Common Area elements in a neat, attractive, and safe manner as determined by the Landscape Overview Committee with Board approval.
No planting, except that done by the Association, shall be placed, planted or maintained in the
Common Area without the prior written consent of the Board.
(b) Lot Maintenance,
(1) Exterior Association shall keep and maintain the exterior of any home, building, garage (including dry rot or termite damage to the exteriors), balcony, or other structures and improvements in a good condition and repair, including, but not limited to, painting as often as necessary, replacement of trim, caulking, fences, roof repairs, structural repairs, and all other necessary and proper maintenance and repairs.
(2) Patios, Association shall maintain the exteriors of patio walls and fences. Owner is responsible for the floor surfaces of patios. If Owners or their guests, tenants, family or invitees cause damage to the walls or fences, the Owners shall be assessed for the
maintenance costs necessary to repair the items.
(3) Landscaping.. Association shall maintain the Lots, up to the walls of the living Unit on each Lot, keeping the same in good condition and replacing and maintaining all landscaping as needed to keep Lots neat and attractive except those areas within the patios, which are the obligation of the Owners.
(4) Earthquake Damage, Any improvements on the Lots damaged or destroyed by an earthquake are the responsibility of the Owner to repair or replace.
Section 2. Owner’s Obligations, Each Owner shall at his/her sole cost and expense, do the following:
(a) Each Owner shall be responsible for maintaining his/her Unit, including the equipment and fixtures therein and the interior walls, ceilings, windows and doors thereof, in a clean, sanitary, workable and attractive condition, being expressly responsible for the damages and liabilities that his/her failure to do so may engender, reserving to each Owner, however, complete discretion as to the choice of furniture, furnishings, and interior decorating. Windows may only be covered by drapes or shies and may not be painted or covered by foil, cardboard, or other similar materials. Each Owner shall also be responsible for repair, replacement and cleaning of the windows and glass of his/her Unit, both exterior and interior. The maintenance and/or replacement of the air-conditioning unit (compressor) is the responsibility of the Owner, regardless of its location.
(b) Owner shall at all times be responsible to replace broken glass in doors and windows, repair door and window hardware, garage door openers, and to maintain his or her garage interior.
(c) Owner shall be responsible for repairs and/or replacement of pipes, conduits, ducts, outlets, etc., inside his or her dwelling and garage.
(d) Each Owner shall repair damage caused by termites and dry rot affecting the interior of his/her Unit. If the cause appears to be something within the Association’s control or caused by the acts of the Association’s agents or employees, Owners may petition the Board for reimbursement of costs to repair. To the extent Owner or their guests, family, tenants or invitees could have mitigated or prevented damages caused by termites or dry rot, but did not, Owner is responsible for those losses and must arrange repairs or reimburse the Association if Owner refuses to arrange appropriate repairs and the Association is forced to do the repair work.
(e) The Owner of each Lot shall be legally liable to the Association for all damages to the Common Area or to any improvements thereon or thereto, including but not limited to the buildings, recreation facilities, landscaping, and fencing caused by such Owner or any occupant of such Owner’s Lot, or visitors, guests, etc. of any Owner or tenant residing in the home on said Lot, or caused by any improvement to Lot constructed by Owner, with or without approval of the Architectural Committee or Board.
(f) Owner is responsible to maintain, repair and replace all structures and structural aspects of the improvements on the Lots not covered by the Association’s master insurance policy, such as earthquake or other uninsured or exempt event or hazard.
Section 3. Identifiable Vandalism/Intentional Destruction, Vandalism to the Common Area by identified parties shall be prosecuted by any action deemed appropriate by the Board. Any such action might include charges against the Owner of the Lot where the vandals can be identified as residents or guests of residents of a particular Lot, or other appropriate legal action.
ARTICLE ME
Section I – Rules and Regulations-Generally. The Board shall adopt, amend, repeal, publish and enforce rules and regulations governing the use of the Common Area, the facilities thereon, or the other properties, and the personal conduct of the members, their families, invitees, guests, contract purchasers, lessees, and renters thereon, and shall have power to establish penalties for the infraction of any of such rules and regulations; provided, however, that the Association rules shall not be inconsistent with or materially alter any other provisions of this Declaration, the Articles or ByLaws. A copy of the Association rules as adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. In the event of any conflict between any such Association rules and any provisions of this Declaration, the Articles or ByLaws, the provisions of the Association rules shall be deemed to be superseded by this Declaration, Articles and ByLaws, to the extent of any such inconsistency.
Section-2- Traffic R&5, Each Owner shall observe all regulations from time to time established by the Association, including, but not limited to, speed limitations and directional arrows and signs when using the parking and garage facilities within the Project.
ARTICLE A
INSURANCE
SECTION Coverage, The Association shall have the power and the obligation to:
(a) Buildings and Improvements, Insure and to keep insured all buildings, structural, and other improvements on the properties against loss or damage for coverage to include loss or damage by fire and other hazards covered by the standard extended coverage. The coverage in regards to improvements within the residences shall include replacement of all fixtures and as-built standards. The Association is not responsible to insure for costly upgrades in window treatments, wall coverings, floor coverings, etc. Owners are responsible for procuring insurance to replace upgraded fixtures within the residences not generally covered under the Association’s master policy. Additional perils insured shall be at the option of the Association. Coverage shall be for the full insurable replacement cost (100%) thereof. The Association may also insure any property whether real or personal, owned by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the Owner and ‘Named Insured’ of such insurance, The insurance coverage with respect to the buildings, and structures and Common Area facilities shall be written in the name of, and the proceeds thereof shall be payable to, the Association, as the Trustee for the Lot Owners. Premiums for all of the foregoing insurance carried by the Association are a common expense included in the assessments or charges made by the Association as are any costs related to the purchase of such insurance (examples: services of independent analyst, or consultant, as needed). The insurance proceeds shall be used by the Board for repair or replacement of the property for which the insurance was carried or otherwise disposed of as hereinafter provided.
(b) Comprehensive Liability Coverage, Obtain liability insurance insuring the Association against any liability to the public or to any Owner, their invitees or tenants incident to their occupation and/or use of the Common Areas and the Lots and Units in a combined personal injury and property damage coverage of liability not less Om $2,000,000 (such limits and coverage to be reviewed at least annually by the Association and increased in its discretion). This coverage shall be issued in the name of the Association and shall include Owners in their capacity as Members of the Association as additional insured and evidence thereof shall be furnished to each additional insured. Coverage under this policy shall include, but not be limited to, legal liability of the Association for bodily and personal injuries, property damages, operations of automobiles on behalf of the Association and operations of the Association in connection with the operation, maintenance or use of the Common Areas;
(c) Directors & Officers A= Obtain Directors & Officers Acts coverage to the extent available and deemed advisable by the Board;
(d) Workman’s compensation Coverage,., Obtain Workman’s Compensation Insurance to the extent necessary to comply with any applicable laws, and any other insurance deemed necessary by the Board of Directors of the Association;
(e) Fidelity Bond, Obtain a standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Association in a minimum sum of Ten Thousand Dollars ($10,000) or in such greater amounts as the Board of Directors may determine advisable from time to time;
(f) Deductibles, Adopt Board policies relating to a payment of insurance deductibles as between Association and members consistent with the obligations and provisions contained in this Restated Declaration and in accordance with the policies currently in effect;
(g) Claims. Adopt Board policies relating to making claims, adjusting claims, and receiving and disbursing proceeds from any insurance settlements. All requests of members to make claims on the Association’s master policy must go through the Board of Directors or its designee;
(h) Cross-Liability Endorsement, AU property and liability insurance carried by the Association or the Owners shall contain a cross-liability endorsement and waiver of subrogation as to the Association, officers and directors, and any members, their guests, agents and employees.
Section 2. Damage or Destruction to Properties. In the event of damage to or destruction of major portions of the Common Area, facilities or other building or structural improvements, the Association shall repair or replace the same from the insurance proceeds payable to it by reason of such damage or destruction as follows:
(a) If the insurance proceeds are sufficient to effect total restoration of the Common Area facilities or structures damaged, then the Association shall cause to be repaired and reconstructed substantially as they previously existed;
(b) If the insurance proceeds are within Ten Thousand Dollars ($10,000.00) or less of being sufficient to effect total restoration of the same building(s) or improvement(s), then the Association shall cause the building(s) or improvement(s) to be repaired and reconstructed substantially as they previously existed, and the difference between the insurance proceeds and the actual cost shall be levied as a special assessment on a pro rata basis on same ratio as set forth for special assessments in Article IV herein, against each of the Owners affected; and,
(c) If the insurance proceeds are insufficient by more than Ten Thousand Dollars ($10,000.00)
to effect total restoration of the damaged facilities or building, then by vote or written consent of a majority of the Owners, they shall determine whether: (1) to rebuild and restore in substantially the same manner as the improvements existed prior to damage, and to raise the necessary funds over the insurance proceeds by levying pro rata assessments against all Owners; (2) to rebuild and restore in a way which is less expensive than replacing the improvements in substantially the same manner as they existed prior to being damaged, utilizing all available proceeds and an additional amount not in excess of Ten Thousand Dollars ($10,000.00), assessable as previously described; or, (3) in the case of destroyed Residences, to not rebuild and to distribute the available insurance proceeds equally to the Owners and mortgagees of the destroyed Residences as their interests may appear.
Section-3- Responsibility of Individual Owners
(a) Each Owner Lot or Unit shall be responsible for purchasing and maintaining individual insurance coverage for interior improvements in their Residences, their personal belongings, and areas over which they have exclusive rights to use.
(b) Such insurance shall include:
(1) Loss or damage of personal property or improvements not covered by the Association’s master policy from fire and other hazards covered by the standard extended coverage and any endorsements;
(2) Additional perils shall be at the option of the Owner, including coverage of all personal property; and ,
(3) Individual liability insurance for accident and injuries occurring within the Residences.
ARTICLE
Section-L General Powers,
(a) The Association shall have all of the powers set forth in the Articles, and ByLaws together with its general powers as a nonprofit corporation, generally to do any and all things that a corporation organized under the laws of the State of California may lawfully do in operating for the benefit of its members, to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association or for the peace, health, comfort, safety and/or best interests of the Owners and guests of ______________ Homeowners Association, Subject only to the limitations upon the exercise of such powers as are expressly set forth in the Articles, the ByLaws and in these Restated Covenants, Conditions and Restrictions, or expressly reserved to the membership for action or approved.
(b)The Board of Directors of this Association shall have the right to adopt reasonable rules not
inconsistent with the covenants contained in this Restated Declaration, and to amend the same from time to time, relating to the use of the Common Area and the recreational and other facilities situated thereon by Owners and by their tenants or guests, and the conduct of such persons with respect to maintenance and improvement of individually owned buildings and grounds, automobile parking, outside storage of boats, trailers, bicycles and other objects, disposal of waste materials, drying of laundry, control of pets, and other activities which, if not so regulated, might detract from the appearance of the community or offend or cause inconvenience or danger to persons residing or visiting therein. Such rules may provide that the Owner of a Lot whose occupant violates the rules, may be assessed to cover the expense incurred by the Association in curing such violation.
(c) The Board of Directors of the Association shall have the power to impose fines and penalties for violation of the conditions, covenants and restrictions and any rules and regulations adopted by the authority vested in it.
(d) The Association shall have the power and authority, without any liability to any Owner, to enter upon and inspect any Lot and the exterior of any dwelling Unit, fence or wall for the
·purpose of fulfilling its own obligations and establishing conformity to these CC&Rs, ByLaws and Rules and Regulations.
(e) The Association shall also have the power and authority from time to time, in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of and to enforce, by mandatory injunction or otherwise, all of the provisions of this Restated Declaration of Covenants, Conditions and Restrictions and any subsequent amendments thereto. The Association shall be entitled to reimbursement for attorney’s fees and costs incurred in any legal action deemed necessary by the Board to enforce these Covenants, Conditions and Restrictions, including attorney’s demand letters to homeowner to cease a CC&R violation where one exists.
Section 2. Limitation and Delegation of Powers, The Association acting by and through the Board shall have the authority to delegate its powers, duties and responsibilities to Committees or employees, including a professional managing agent (sometimes hereinafter referred to as ‘Manager’) who shall be bonded. Any agreement for professional management of the Project shall be terminable for cause on thirty (30) to sixty (60) days’ written notice and the term of any such agreement shall not exceed one (1) year, which may be renewed annually at the Association’s sole discretion. Further, the Board will be prohibited from taking any of the following actions, except upon the vote or written assent of a majority of the voting power of the Association.
(a) Selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5 %) of the budgeted gross expenses of the Association for that fiscal year.
(b)Paying compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association’s business.
(c)Entering into a contract with a third person wherein the third person will furnish goods or
services for the Common Area or the Association for a term longer than one (1) year with the following exceptions:
(1) A contract with a public utility company if the rates charged for the materials or
services are regulated by the Public Utilities Commission provided, however, that the
term of the contract shall not exceed the shortest term for which the supplier will
contract at the regulated rate.
(2)Prepaid casualty and/or liability insurance policies of not to exceed three (3) years
duration provided that the policy permits for short rate cancellation by the insured.
Section L Duties, The duties of the Association include those enumerated in the by laws currently in effect.
ARTICLE XI
CONDEMNATION
Section 1. Sale by Unanimous Consent. In the event that an action for condemnation of all or a portion of the Project is proposed or threatened by any governmental agency having the right of eminent domain, then, upon unanimous written consent of all of the Owners, the Project, or such portion thereof may be sold.
Section 2 Distribution of Proceeds of Sale, Upon a sale occurring as described in Section 1 hereof, the proceeds resulting therefrom shall be distributed to the Owner or Owners and their mortgagees, as their respective interests may appear, in the proportion to which said Owner’s obligation to pay assessments, specified herein, bears to the total of the obligation of all such Owners to pay assessments. In the event of the occurrence of a disagreement within ninety (90) days after the proceeds of sale become available for distribution, the matter shall be referred to arbitration in accordance with Section 9 of Article XVI.
Section 3. Distribution of Condemnation Award, In the event the Project, or such portion thereof, is not sold but is instead taken the judgment of condemnation shall by its terms apportion the award among the Owners and their respective mortgagees.
Section 4. Revival of Right to Partition, Upon a sale or taking pursuant hereto which renders more than fifty percent (50%) of the Units in the Project uninhabitable, the right of any Owner to partition through legal action shall forthwith revive.
Section , Partial Condmation, If such condemnation action is of only a portion of the Project and the award is less than Thirty Thousand Dollars ($30,000-00), if deemed by the Board to be appropriate, the entire amount shall be payable to the Association as Trustee (subject to the rights of lenders or mortgagees of Lots within that condemned portion of the Project) and such amount, together with any interest earned thereon, shall be held by the Association to reduce the Annual Assessment on the Project for the next succeeding fiscal year.
ARTICLE XII
Section 1. Notification Upon Sale or Lease of a Unit or Residence,
(a) Sale. Documents To Prospective Purchaser(s). As soon as practical before title transfers to purchaser of fee interest in property by sale, seller shall provide to prospective purchaser-
(1) A copy of the governing documents of the common interest development.
(2) If there is a restriction in the governing documents limiting the occupancy, residency, or use of separate interest on the basis of age, a statement that the restriction is only enforceable to the extent permitted by California law.
(3)A copy of the most recent financial statement distributed pursuant to California law.
(4) A true statement in writing from an authorized representative of the Association as to the amount of any assessments levied upon the Owner’s interest in the common interest development which are unpaid on the date of the statement. The statement shall also include true information on late charges, interest, and costs of collection which, as ‘ of the date of the statement, are or may be a lien upon the Owner’s interest in a common interest development pursuant to California law.
(5)Any change in the Association’s current regular and special assessments and fees which have been approved by the Association’s Board of Directors, but have not yet become due and payable as of the date disclosure is provided. Upon written request, an
Association shall, within ten (10) days of mailing of delivery of the request, provide the Owner of a separate interest with a copy of the above requested items. The Association may charge a fee for this service, which shall not exceed the Association’s reasonable cost to prepare and reproduce the requested items.
(b) SALE, notice To Association, Within ten (10) days after the consummation of any sale or other transaction which results in a change in the record ownership of the fee interest in a Unit, the transferring Owner(s) shall provide the following information to the Association in writing:
(1) The names of the new record Owners;
(2) The Unit number and street address of the residence transferred;
(3) The forwarding or current mailing address of selling Owners and mailing address of purchasing Owners if different from property address;
(4) The date of transfer; and,
(5) A copy of the official document evidencing the transfer or sale.
LEASE, Notice to Association, No later than ten (10) days after the execution of a lease of a residence, the lessor (whether an Owner or prior lessee) shall provide the Association the following information in writing:
(1) The name of each lessor and each lessee;
(2) The Unit number and street address of the residence to be leased;
(3) The mailing address of each lessee;
(4) The commencement and termination dates of the lease; and,
(5) The names of all persons who will occupy the residence under the lease.
(d) EFFECT OF FAILURE TO NOTIFY – Until such time as the Association receives the notice required
hereinabove, a transferee or lessee shall be deemed to have received any notice or other communication required or permitted to be given by the Association hereunder which is duly given to his transferor or lessor.
Section 2, Obligation of Owners,
(a) compliance iLof Lease, An Owner who leases his/her residence to any person or entity shall be responsible for assuring compliance by his lessee with this Declaration, including all easements, reservations, assessments, liens and charges created in accordance with this Declaration, all as amended and supplemented from time to time. Each lease shall provide grounds for eviction in the event tenants do not comply with all such easements, restrictions, etc. related to said Declaration.
(b) Transfer of Responsability for Deliquent Assessments. Upon the conveyance, sale assignment or other transfer of a Unit to a new Owner, the transferring Owner shall not be personally liable for any assessments levied with respect to such Unit after the date of such transfer, and no person, after the termination of its status as an Owner and prior to its again becoming an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declaration. The voluntary conveyance of a Unit to a new Owner, however, will not extinguish any obligation for unpaid assessments against said Unit being conveyed.
(c) Severability of Membership and the Association from Ownership of a Unit, No purchaser or Owner of any Unit shall convey his interest in any such Unit without simultaneously
conveying his interest in the Association, and no member of the Association shall convey, transfer, sell, assign or otherwise dispose of his membership rights in the Association without at the same time conveying, selling and transferring his interest in the Unit to which his membership attaches, and the membership shall be transferred only to a new Owner or purchaser of the Unit to which membership is attached. Further, tenant(s) of an Owner shall not be a member of the Association, but the tenant(s) of the Owner shall have the right to use, and have access to, the facilities owned by the Association.
Section 3- Obligation of Disclosure Each member SW have the duty and responsibility to keep the Association Secretary or authorized agent apprised of his or her current address and telephone number.
ARTICLE XIII
RIGHT OF CITY TO COMPEL PERFORMANCE
In the event that any portion of the Common Area including but not limited to the private streets, landscaped open areas and recreational improvements and facilities shall not be preserved and maintained in the City’s opinion in a safe condition and in a state of good repair and aesthetically pleasing appearance, or in the event that any or all of any part of the real property taxes, irrigation taxes or other taxes or assessments imposed by any public entity, including the City of Upland, shall remain unpaid and in default more Om three (3) months after the due date thereof, the City of Upland, California, may after giving notice as described below, cause (I) the necessary work of maintenance or repair to be accomplished or the unpaid tax or assessment, together with all penalties or interest thereon, to be paid, and (ii) the costs thereof to be assessed against each Owner of a Lot subject to this Declaration.
The notice that is referred to above shall be in writing and mailed to all Owners whose names and addresses appear on the then current roll of members of the Association kept by the Secretary of the Association or whose names appear as owners of record with the County Recorder’s Office of the County of San Bernardino. The City of Upland shall also cause at least one copy of such notice to be posted in a conspicuous place within the Project and shall also cause one copy of such notice to be mailed to the Association at the Project.
Said notice shall specify the action required to be done and shall state that if such work is not commenced within ten (10) days after receipt of such notice and diligently and without interruption prosecuted to completion, the City of Upland may cause such action or work to be done, in which case the cost and expense of such action or work, including incidental expenses, filing fees, title company charges, miscellaneous foreclosure charges, and reasonable attorneys’ fees incurred by the City of Upland, will be added to the cost of such work.
Following the completion of such work or payment of such sums by the City of Upland, the City shall determine the total cost of such work or payment, including incidental costs, Ming fees, title company charges, foreclosure costs and reasonable attorneys’ fees and shall deliver to the Association a written statement setting forth such costs and the total thereof. The Board shall levy a special assessment for the purpose of payment of such costs if entitled to do so within legal limitations. If not so entitled, Association shall put the matter to the membership for approval pursuant to California legal requirements within forty-five (45) days of the City’s request.
In the event the Association shall fail to levy such special assessment, the City of Upland may petition the court for an order that a special assessment be levied under the terms of Article IV of this Declaration and thereafter take such action as is permitted under this Declaration to compel payment, establish a lien on each such Lot and prosecute foreclosure thereof for failure to pay such special assessment. In the event the Association shall levy such special assessment, but thereafter fail to remit to the City of Upland the funds necessary to satisfy such costs within thirty (30) days following the Association’s levy, the City of Upland may cause a lien to be created against each such Lot and thereafter prosecute foreclosure of such lien to satisfy such special assessment. It is intended that the City of Upland shall be deemed an interest holder under this Declaration and thereby act as the Association or any Owner with respect to establishing a special assessment, any lien attendant thereto, and pursuing the remedies permitted in connection therewith.
Costs incurred by the City of Upland in exercising any of its rights under this Article may be added to the cost of the work described above, and then charged to each Owner of a Lot proportionately.
No amendment, modification or revocation of this Declaration or any part hereof may be had without the express written consent of the City of Upland, which consent must be recorded in the official records of San Bernardino County, California.
ARTICLE IV
Section 1 Prohibition Against Severance, No Owner shall be entitled to sever his/her Lot from his/her membership in the Association for any purpose. Neither of said component interests may be severally sold, conveyed, encumbered, hypothecated or otherwise dealt with, and any violation or attempted violation of this provision shall be void and of no effect. Similarly, no Owner shall be entitled to sever any exclusive casement appurtenant to his/her Unit over the Common Area from his/her Unit, and any attempt to do so shall be void and of no effect.
Section 2 Unit or of the component interest in the Association ., Conveyances, Any conveyance of any the Owner of any Lot shall be presumed to convey the entire Lot; provided, however, that nothing herein contained shall be construed as precluding the Owner of any Lot from creating a co- tenancy or joint tenancy in the ownership of said Lot with any other person or persons.
ARTICLE XV
MORTGAGE – PROTECTION
Section 1. Restrictions on Certain mortgagees (based upon one vote for each mortgage Owned) Of Units have given their prior written approval, the Association shall not be entitled:
Unless at least seventy-five percent (75 %) of the first
(a) to abandon or terminate the Project plan by act or omission;
(b) to change the pro rata interest or obligations of any Unit for levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards;
(c) to partition or subdivide any Unit;
(d) to use hazard insurance proceeds for losses for other than the repair, replacement or reconstruction of Project improvements, except as provided by statute in case of substantial loss to the Units and/or Common Area of the Project.
Section-2- Distribution of Insurance and Condemnation Proceeds, No Unit Owner, or any other party, shall have priority over any right of first mortgagees of Units pursuant to their mortgages in the case of a distribution to Unit Owners of insurance proceeds or condemnation awards for losses to or a taking of Units and/or Common Area. Any provision to the contrary herein or in the ByLaws or other documents relating to the Project is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses naming the mortgagees, as their interests may appear.
ARTICLE XVI
GENERAL PROVISIONS
Section 1 Enforcement, The Association, or any Owner, shall have the rights to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now and hereafter imposed by the provisions of this Restated Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The prevailing party in any legal action is entitled to recover legal fees as provided in current California law and elsewhere in the Restated Declaration.
Section 2 , Severability, Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect.
Section 3. Term of Declaration and Amendment, The covenants and restrictions of this Restated Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Restated Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Restated Declaration may be amended by approval of at least fifty-one percent (51 %) of the Lot Owners. Any amendment must be properly recorded to be effective.
Section 4. Indemnification of Officers, Board Members, Committee Members and Other Volunteers. No member of the Board or any committee of the Association, nor any officer of the Association, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, or any other representative of the Association, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith, within his or her capacity as a Board member, and without willful or intentional misconduct or malice. The Association shall indemnify such person or entity for all reasonable costs, including attorney’s fees, incurred in the defense of such action, including any settlement thereof when such action did not arise out of the willful misconduct of such person.
Section 5. Indemnification for Other Harm, Each Owner shall be liable to the remaining Owners for any damage to the Common Area or any part or portion thereof which may be sustained by reason of the negligence or willful conduct or misconduct of said Owner, members of his/her family, his/her contract purchasers, lessees, renters, guests or invitees, to the extent that any such damage shall not be covered by insurance. Each Owner does further, by acceptance of his/her deed, agree for himself/herself and for the members of his/her family, his/her contract purchasers, lessees, renters, guests or invitees, to indemnify each and every other Owner, and to hold him or her harmless from, ns for personal injury or property and to defend him or her against, any claim of any person or persons damage occurring within or on the Lot of that particular Owner and any exclusive easements over the Common Area appurtenant thereto, if any, unless said injury or damage occurred by reason of the negligence of any other Owner or person temporarily visiting in said Lot or portion of the Common Area subject to an exclusive easement appurtenant thereto, if any. In the case of a Lot owned by more than one person or entity, liability of such Owners shall be joint and several.
Section 6. Notice& Any notice permitted or required to be delivered as provided in any or all of the provisions herein shall be in writing and may be delivered either personally or by mail unless otherwise provided in a specific provision. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given to the Association, or to the Unit owned by such person if no mailing address has been provided. Such address may be changed from time to time by notice in writing to the Association.
Section 7. Oblation-for Taxes, To the extent allowed by local law, all Lots shall be separately assessed and taxed so that all taxes, assessments and charges which may become liens prior to first mortgages under local law shall relate only to the individual Lots and not to the Project as a whole. Each Owner shall be obligated to pay any taxes or assessments assessed by the County Assessor of said County against his or her Lot and against his or her personal property.
Section 8. Liens on Properties, If any Owner shall permit any lien to be filed on any part of said Project for labor and/or materials furnished at the request of such Owner, such Owner shall, upon written demand by the Board, cause the same to be promptly removed, and if he/she fails to do so, the Board or the Manager, shall have the option but not the obligation, to take such action as may be necessary to remove same. In such event, all costs and expenses incurred, including reasonable attorneys’ fees, shall be a debt of such Owner, and shall be specially assessed against him/her by the Board. The provisions of Article IV hereof, relative to the enforcement of a lien for unpaid maintenance charges, shall be applicable for the enforcement of such lien.
Section 9. Arbitration- If any dispute arises under the provisions of this Article, alternative dispute resolution shall be considered first. The parties may agree to mediation and/or arbitration by a process with an appointed arbitrator, except as otherwise specifically set forth herein.
IN WITNESS WHEREOF, we being the President and Secretary of the ___________________ HOMEOWNERS ASSOCIATION have hereunto set our hands this _______ day of ____________, 199x.
President
Secretary
The undersigned hereby declare under penalty of perjury that the foregoing is true and correct. We are the duly elected and acting President and Secretary Of __________________HOMEOWNERS ASSOCIATION, a California Corporation; and the foregoing is a true copy of the Revised Declaration of Covenants, Conditions and Restrictions which have been properly approved by the requisite
percentage of the Lot Owners Of CONDO SWEET CONDOHOMEOWNERS ASSOCIATION on or about the
27th dayof SEPTEMBER , 1999.
Sign
Signed
ACKNOWLEDGMENT
NOTARTY PUBLIC – CAJIFOINIA
COUNTY
4, 1999
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )ss.
Sept.27,1999
On _______, before me, a notary public, personally appeared ____________
personally known to me -OR- N proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that hvAWte/they executed the same in bisibw/their authorized capacity(ies), and that by hk&vr/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the M. NO. xxxxx instrument.
__________________AND WITNESS my hand and official seal.
NOTARY PUBLIC
CONDITIONS AND RESTRICTIONS (CC&Rs)
INDEX
Section
Acknowledgment ………………………
Acknowledgment……………………………….
Added Assessments for Special Purposes ………….
Affidavit ………………………..
Affidavit
Animals
Antennae, Satellite Dishes, External Fixtures
Application for Approval
Arbitration
Architectural Changes Restricted
Architectural Design and Committee Structure ……………
Association………………………………….
Association’s Obligations ……………………..
Board ……………………………….
Board
Commencement Date/Collection of Assessments
Commercial Use Prohibited
Committee
Common Area
Common Area Maintenance
Compensation of Members
Compliance of Lessee
Compliance with Laws
Condemnation
Conveyances
Covenant for Maintenance Assessments
Coverage
Creation of the Lien/Personal Obligation
Declaration……………………….
Definitions …………………….
Delegation of Use
Distribution of Insurance
Distribution of Proceeds of Sale
Distribution of Condemnation Award
Documents to Prospective Purchaser(s)
Duties
Earthquake Damage …………………………………….
Effect of Failure to Notify ………
Effect of Nonpayment of Assessments/Remedies ………
ec o onpaymen o ssessmen s eme es
Enforcement
Exceptions
Exempt Property……………………………………..
Exhibit “A ………………………………………….
Exteriors ……………………………………………
Fences ………..
HOMEOWNERS ASSOCIATION – Index
Sections
Garage Use
General Provisions
Identifiable Vandalism/Intentional Destruction …..
Indemnification of Officers, Board Members ….
Indemnification for Other Harm.
Inspection of Work.
Landscaping
Lease/Notice to Association
Liens on Properties
Limitation and Delegation of Powers
Maintenance
Maintenance of Improvement
Maintenance/Repair obligations
Manager
Maximum Annual Assessment
Meetings of the Committee
Member
Membership and Voting Rights
Membership
Mortgagee Protection
Mortgage and Mortgagee ………………………………..
Non-liability of Committee Members ………….
ponent I ::’: Non-Severability of Com nterests. . Notice for Any Action
Notices
Notification Upon Sale or Lease
Nuisances/Offensive or Hazardous Activity
Obligation of Owners
Obligation for Taxes
Obligation of Disclosure
Oil Drilling
Other Encroachments on Common Area or Lots …
Owner ….
owner’s Obligations ………….
Operating Funds
Organization of Committee
Other Easements
Owners Obligation Re: Sale or Lease
Owners’ Rights of Enjoyment and Easements
Partial Condemnation …
Project
Properties
Property Rights and Easements
Purpose of Annual Assessments
Purpose
Reserves
Residential Use
Residential Lease (Rental Agreement
Res ric 1
Review of Proposed Construction
Revival of Right to Partition
Right of City to Compel Performance
Rules
Rules and Regulations, Generally
Sale by Unanimous Consent
Sale/Notice to Association
Severability of Membership
Severability
Signs
Special Assessments
Standards
Subdivision and Tract
Subordination of the Lien to Mortgages…………
Suspension of Membership Rights ……………….
Term of Office
Term of Declaration and Amendment
Traffic Rules
Traffic Rules
Uniform Rate of Assessment
Unit or Residential Unit
Uses Prohibited and Permitted
Yule Lighting……………………..
WHEN RECORDED, RETURN TO:
HOMEOWNERS ASSOCIATION
name
address
city
Tel
CERTIFICATE OF AMENDMENT
TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
HOMEOWNERS ASSOCIATION
The Declaration of Covenants, Conditions and Restrictions recorded October 7, 1999, as Document No. XXX, in Book CCCC, at Pages nnnn, of Los Angeles County Official Records, and all subsequent amendments thereto, are now replaced by that document entitled “Restated Declaration of Covenants, Conditions and Restrictions – xxxxxxxx Homeowners Association” recorded concurrently with this Certificate of Amendment.
IN WITNESS WHEREOF, this Certificate of Amendment is executed by the undersigned, who are the President and Secretary Of XXXXXXXX HOMEOWNERS ASSOCIATION
President
BY: ________.
Secretary
We certify and declare, under penalty of perjury that the foregoing Restated Declaration has been approved by the percentage of homeowners required by the original Declaration.
Executed at – Los Angeles
Califorriia, on the 6th day of OCTOBER , 1999.
BY: _____________
President
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss.
BY: _________________
Secretary
On Oct. 6, 1999, before me, a notary public, personally appeared __________ known to me OR- I proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNUS my hand and official seal.
______________________________
NOTARY PUBLIC
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