1.3 “Annual Meeting”
1.7 “Common Area”
1.9 “Governing Documents”
MEMBERS’ RIGHTS AND DUTIES
2.1 Duty to follow Governing Documents
2.2 Voting Rights
2.3 Inspection of Records
2.4 Duty to Maintain Lot
2.5 Member Liability for Damage
2.6 Member and Tenant Insurance
SAFETY AND SECURITY ISSUES
3.1 Personal Responsibility
3.2 Fire Prevention
3.3 Pool Keys
3.5 Reporting Suspicious Activity
3.6 Reporting Unsafe Conditions
3.7 Reporting a Crime
4.1 Members’ Maintenance Duties
4.2 Health Hazards
4.3 Trash Removal
4.4 Landscape Maintenance
4.5 Duty to Maintain Fences
4.6 Protection of Views
4.7 Painting and Roof Maintenance
4.8 Construction Materials
5.1 Improvements and Alterations
5.2 Fliers and Notices
5.3 Supervising Minors
5.4 Clothes Drying
5.5 Commercial Photography
5.7 Garages and Garage Doors
5.8 Garage Sales
5.9 Portable Basketball Hoops
5.11 Holiday Lighting
5.13 Occupancy Restriction
5.14 Business in Home
5.15 Home Daycare
5.16 Power Tools
5.17 Sign Restrictions
5.18 Nudity and Sexual Activity
5.19 Statues, Fountains, Artwork
6.1 Number Limitation
6.2 Grandfathered Pets
6.3 Screeching Birds
6.4 Dangerous Animals
6.6 Nuisance Animals
6.7 Multiple Violations
6.9 Tethering Animals
VEHICLES AND PARKING
7.1 Restricted Parking
7.2 Motor Homes, Campers, Tow Trucks, Trailers & Boats
7.3 Inoperable Vehicles
7.5 Repair of Vehicles
7.6 Fluid Leaks
7.7 Dumping Into Street Drains Prohibited
8.1 General Nuisance
8.2 Nuisance Noise
8.3 Nuisance Odors
8.4 Construction Noise
8.5 Enforcement Procedures
8.6 Violation of Law
RECREATIONAL FACILITY RULES
9.1 Supervising Minors
9.3 Health Limitations & Communicable Diseases
9.4 Impairment of Judgement
9.5 No Glass
9.6 No Pets
9.7 Swimming Pools
9.8 Paddle Tennis Court
RENTING YOUR RESIDENCE
10.1 Six-Month Lease Term
10.2 Governing Documents
10.3 Rights to Facilities Transferred
10.4 Notice of Transfer of Occupancy
10.5 Liability for Damage
SELLING YOUR RESIDENCE
11.2 Sign Restrictions
11.3 Full Disclosure
11.4 Notice of Transfer of Ownership
INSPECTIONS AND COMPLAINTS
12.1 Periodic Inspections
12.2 Resident Complaints
12.3 Right to View Complaints
NOTICE AND HEARING
13.1 Notice of Violation
13.2 Appeal of Fines
13.3 Hearing Procedures
13.4 Conflicts of Interest
14.1 Reimbursement Special Assessments
14.2 Monetary Penalties
14.3 Suspension of Privileges
14.4 Suspension of Voting Rights
14.5 Judicial Enforcement
14.6 Right to Stop Work
14.7 Association Right to Cure
14.8 Cumulative Remedies
14.9 Failure to Pay Penalty
14.10 Alternative Dispute Resolution
14.11 Attorneys’ Fees
Welcome to the Lakeshore Community Association. This Handbook will help you become acquainted with the community and how it operates. Our goal is to maintain the highest standards of privacy, comfort, and safety for our residents. While we have no interest in the personal life style of our residents, rules have been developed over time to help avoid disputes and provide the highest level of well-being for our community as a whole. The following rules are not intended to be unduly restrictive but have evolved through the years to address issues which had become problems. Most of them are common sense and most residents would naturally follow them even if they had never been written.
The following Rules and Regulations supercede all previous rules and regulations.
The following definitions will help you with terms which are used frequently by the Association.
1.1 “ADR” means Alternative Dispute Resolution such as mediation arbitration.
1.2 “IDR” means Internal Dispute Resolution such as meet and confer.
1.3 “Annual Meeting” means the annual meeting of the Members for the purpose of electing a Board of Directors and conducting general membership business.
1.4 “Association” means the Lakeshore Community Association.
1.5 “Board” means the Board of Directors of the Association.
1.6 “CC&Rs” refers to the Declaration of Covenants, Conditions and Restrictions.
1.7 “Common Area” means the entire development except Members’ Lots.
1.8 “Director” refers to any member of the Association’s Board of Directors.
1.9 “Governing Documents” refers to the Association’s CC&Rs, Articles of Incorporation, Bylaws, Rules and Regulations, Architectural Standards, and Condominium Plan.
1.10 “Lot” means the land occupied by a townhouse and owned by a Member.
1.11 “Member” is anyone with an ownership in a lot.
1.12 “Reserves” means those monies set aside by the Association for repairing, replacing, restoring, or maintaining major Common Area Components.
1.13 “Tenant” refers to any person to whom possession of a Lot has been given by a Member pursuant to an agreement, whether oral or written, and whether the consideration is monetary or otherwise.
Members, by virtue of their ownership of a Lot in the community are automatically members of the Association. Membership provides certain rights privileges but it also creates obligations.
2.1 Duty to Follow Governing Documents. The primary obligation is to follow the Associations’ Governing Documents which includes the rules and regulations contained in this Handbook. The rules are fairly common sense and most of you would obey them even if they had never been written. Even so, the rules have been put into this Handbook so that everyone can easily refer to them if questions should arise.
2.2 Voting Rights. In all matters submitted for a vote of the Members of the Association, any Member in good standing is entitled to vote and is encouraged to do so. In instances of multiple ownership of a Lot, only one vote per Lot is permitted. The Board may suspend a Member’s voting rights for failure to comply with the Bylaws, the CC&Rs, the Architectural Standards and these Rules and Regulations.
2.3 Inspection of Records. Members of the Association have a limited right to inspect the books, records and minutes of the Association. See “Records Inspection Procedures” for further information.
2.4 Duty to Maintain Lot. Members must, at their own expense, maintain, service and repair their Lot and all improvements to the Lot. See “Maintenance Obligations” for further information.
2.5 Member Liability for Damage. Members are liable for any damage to the Common Areas or the property of others caused by the acts, omissions, or willful misconduct of such Members or their family, pets, Tenants, or guests. Members are also liable for expenses incurred by the Association mitigating damages to the Common Areas and other Lots caused by (I) flood, fire, insect or rodent infestation, altered drainage patterns, etc. originating from their Lots, or (ii) the negligence or willful misconduct of themselves or their family, friends, pets, Tenants or guests.
2.6 Member and Tenant Insurance. The Association’s insurance does not cover individual Member’s or Tenant’s personal property. The Association’s insurance does NOT protect against all losses inside residences. As a result, Members and Tenants SHOULD carry their own insurance. For details of the Association’s coverage, refer to the Annual Insurance Summary Disclosure sent to all homeowners. It is highly recommended that all homeowners review the Disclosure with their personal agent and consider carrying Loss Assessment Coverage of $50,000.
As much as we would like it to be, the Association can never be free of crime and cannot guarantee your safety or security.
3.1 Personal Responsibility. Residents should NOT rely on the Association to protect them from loss or harm-they should provide for their own security by taking common sense. Precautions such as carrying insurance against loss, keeping doors locked, refusing to open their doors to strangers, installing a peep hole in their front door, asking workmen for identification, installing a security system, reporting anyone who looks suspicious, locking their cars, keeping personal property out of sight in their cars, etc.
3.2 Fire Prevention. Fires represent an enormous threat to life and property. Even though the Association has insurance, everyone’s goal should be fire prevention. We ask that you help keep the Community safe by observing the following rules.
a. Fire Extinguishers and Smoke Detectors. Everyone should purchase fire extinguishers and smoke detectors for use in their residences.
b. Reporting Fire Hazards. If you see any fire hazards, please notify the management office immediately.
c. Open Flames. Torches, candles, or any open flame in any part of the Common Area is prohibited.
d. Fireworks. The storage and/or use of fireworks or any kind of explosive is prohibited.
3.3 Pool Keys. Residents must immediately notify the management office if keys are lost or stolen. It is the homeowner’s responsibility to transfer their pool key to their Tenant and collect it upon termination of the lease. Replacement keys may be purchased as provided for in the Association’s “Schedule of Fees.” Reproducing keys is prohibited and will subject violators to fines, suspension of privileges and potential damages.
3.4 Vandalism. Defacing signs, graffiti, and any other vandalism to Association property is strictly prohibited and can result in criminal prosecution, in addition to fines, potential civil litigation and loss of privileges. Please report any such activity to the Sheriffs’ Department.
3.5 Reporting Suspicious Activity. If you see suspicious activity, including, but not limited to, persons entering the Pool Areas without an access key or loitering in the Common Areas, report your suspicions to the Sheriffs’ Department immediately.
3.6 Reporting Unsafe Conditions. If you see any unsafe conditions on Association property, please notify the management office immediately. This includes malfunctioning pool gates or equipment, uneven sidewalks, obstructions in pathways, low-hanging limbs, burned out lights, bare electrical wires, etc.
3.7 Reporting a Crime. If you are the victim of a crime, you should file a report with the Sheriffs’ Department and notify the Association.
4.1 Members’ Maintenance Duties. Members, and not the Association, are responsible for maintaining their Residences.
4.2 Health Hazards. Members shall keep their Lots, residences and all improvements clean and sanitary and may not permit conditions which, in the opinion of the Board, are unsightly or constitute a health, safety or fire hazard to others.
4.3 Trash Removal. All garbage and trash shall be kept in covered containers. No resident may accumulate any rubbish or place their trash containers so as to be visible from neighboring Lots except for the purpose of trash collection and then only for the shortest reasonable time to effect such collection. Trash containers shall be placed at your curb no earlier than 5 p.m. the day prior to collection and returned to your premises by 8 a.m. the day following collection. Household garbage and trash shall not be placed in or adjacent to Common Area trash containers.
a. Trash Holidays.There will be no trash collection New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving or Christmas.
4.4 Landscape Maintenance. All shrubs, trees, grass and planting of every kind shall be neatly trimmed, watered, cultivated and free of trash, weeds and other unsightly material.
a. Sidewalk and Street Encroachments. No trees, shrub or planting of any kind shall be allowed to encroach onto a sidewalk or street. Trees which overhang a pedestrian walkway or street must be kept free of limbs from the walkway or street to a height of ten (10) feet above the walkway or fourteen (14) feet above the street.
b. Fire Hydrants. Areas around fire hydrants must be free of shrubs, bushes or other plantings so they are fully accessible to firefighters in the event of an emergency.
c. Trees. Trees must be trimmed to a height of ten (10) feet above any sidewalk at all times. Since homeowners are responsible for tree damage done to adjacent properties, planting of trees on your Lot with expansive root systems is not recommended. No living tree having a height of ten (10) feet or more may be destroyed or removed from any Lot without an approved application from the Architectural Committee. Trees must be properly pruned and topped to prevent them from becoming overgrown or diseased.
d. Townhouse Sites. All setbacks and other open exterior areas of the site (i.e., patios, carports, entries, etc.) shall be landscaped and shall be neatly trimmed, properly cultivated and free of trash, weeds and other unsightly material. Ornamental and decorative elements visible from the street, neighbor’s property or greenbelt are subject to review by the Architectural Committee.
e. Gardening Debris. Grass clippings, garden debris, oils, repair residue or any toxic or poisonous material may not be swept, blown or washed into the street, gutters or neighboring properties or common area. Gardening debris shall not be placed in or adjacent to Common Area trash containers.
f. Insects and Diseases. No condition may be permitted to exist upon any Lot which may induce, breed or harbor infectious plant diseases or noxious insects.
g. Common Area Landscaping. Residents may not plant, remove, or tamper with any landscaping in the Common Areas. Residents are welcome to pick a reasonable number of rose blooms for their personal enjoyment.
4.5 Duty to Maintain Fences. Members who have fences separating their Lots shall equally have the right to the use and enjoyment of the fence as well as being responsible for maintenance in accordance with the Architectural Standards. If a fence is damaged due to the negligence or willful misconduct of a Member or such Member’s family, tenants or guests, such Member shall bear the full expense of the repair.
4.6 Protection of Views. Any vegetation or improvement must be planted, constructed or maintained so as not to substantially and unreasonably obstruct other Member’s views from their Lots. In the event of a dispute, the Architectural Committee shall make a determination as to whether a view has been unreasonably obstructed.
4.7 Painting and Roof Maintenance. Although Members have an easement to go onto adjacent roofs for the purpose of maintaining their own roofs, painting and repairing walls and trim , they must abide by the following rules:
a. Notice. Notice should be given to the neighbor before repairs may be commenced. For major repairs, including partial or complete roof replacement, an application for approval must be filed with the Architectural Committee.
b. Owner must obtain a Certificate of Insurance from their contractor naming owner and neighbor (if accessing their property) as Additional Insured.
c. Walking pads. Walking padsare required for walking on any neighbor’s concrete or fiber-cement roof tiles.
d. Staging of Materials. Materials for roof repairs must be staged on the ground or entirely on the roof to be repaired and NOT be staged on adjacent roofs.
e. Diligent Repairs. Repairs must be diligent. Once repairs are commenced, they must be completed expeditiously.
f. Damage. Members and their paint, roof and other contractors shall be responsible for any damage when using the easement to go onto an adjacent neighbor’s roof. Repairs to any damage shall be made immediately.
4.8 Construction Materials. City and County ordinances require that any construction materials temporarily stored on public streets such as sand, concrete, bricks, etc. be placed on tarpaulins. This includes materials intended for construction as well as debris from demolition.
5.1 Improvements and Alterations. Any modifications or changes to your Lot require approval of the Architectural Committee. For the procedure to be followed, see Section 1 “Application for Alterations” in the Architectural Standards. Do NOT schedule any contractors before your plans have been approved by the Architectural Committee. Failure to comply with this regulation may result in significant fines and potential legal action or alternative dispute resolution.
5.2 Fliers and Notices. Lakeshore Community Association’s name and logo may not be used when posting notices or fliers in the Common Areas, or distributing notices or fliers door-to-door by fixing them to the door, sliding them under the door, or leaving them on the ground in front of doors.
5.3 Supervising Minors. Residents are responsible for supervising minors residing with or visiting them.
5.4 Clothes Drying. Outside clotheslines or other outside clothes drying or airing equipment shall not be visible from the Common Areas or other properties. Hanging towels or other articles on patio fences or second floor balcony railings is prohibited.
5.5 Commercial Photography. Commercial photography video taping are not allowed in the community without prior written approval of the Board and City permission.
5.6 Barbeques. Except for barbecues in confined receptacles designed for such purposes, fires are prohibited. Gas-fired BBQs are preferred and none with chimneys or flues are permitted.
5.7 Garages and Garage Doors. Garage doors should be kept in good repair and should not be left open and unattended. Members are responsible for garage door hardware and for maintaining the doors in proper working order. See Section 10.5 of the CC&Rs for additional information regarding garage use.
Carports. All carport items, with the exception of currently registered motor vehicles, must be stored in cabinet enclosures.
a. Side-wall cabinet depth cannot be greater than 20 inches. Rear cabinets for the concealment of trash barrels may be no deeper than 30 inches. A minimum of 19 feet must be left for vehicle parking. All work must be approved prior to construction.Cabinets must have doors or covers. Sliding doors are suggested for ease of opening. Enclosures may not extend closer than three feet to the end of the carport closest to the street. All cabinets must be painted the same approved color as the interior of the carport.
b. Carport openings may be covered with approved gates or solid doors (closures.) Closures must be made from approved materials and be painted an approved color. All closures must be able to open and not be fixed. Prior approval is required. Solid carport entrance closures require an approved entrance door extending across the gap between the front of the garage and the front of the carport.
c. A fence or wall may be constructed at the end of a carport nearest the house. The side of the fence or wall facing the street must be painted the same approved color as the carport. All work must be approved prior to construction.
5.8 Garage Sales. Individual garage sales are not permitted. Community garage sales are authorized by the Board of Directors at appropriate times of the year.
5.9 Portable Basketball Hoops. Portable basketball hoops and any other athletic equipment must be put out of sight each night.
5.10 Walkways. Skateboarding, roller skating/blading, using motorized vehicles or bicycling on walkways is not allowed.
5.11 Holiday Lighting. Holiday lights and similar decorations must be removed within two (2) weeks after the conclusion of the holiday.
5.12 Littering. Littering of any kind is prohibited.
5.13 Occupancy Restriction. The maximum number of persons, including children, who may permanently reside in any residence is two (2) per bedroom plus one for the residence. Permanent residency is defined as thirty (30) or more continuous days, or sixty (60) aggregate days in any one calendar year.
5.14 Business in Home. Residences my not be used for any purpose except as a private single-family residence. Notwithstanding the foregoing, residents may use a portion of their residence for limited business activities as long as all of the following criteria are met:
a. Primarily Residential. The residence continues to be used primarily for residential purposes.
b. Advertisement Limitations. The business activity does not involve any advertisement which includes the address of the residence.
c. No Employees, Vendors, Etc. The business activity does not involve any employees, clients, customers, vendors, contractors, subcontractors, business associates, etc., visiting the residence or the Common Areas.
d. No Excessive Deliveries. The business activity does not involve deliveries or pick-ups of mail or packages which in the Board’s determination are in excess of a normal for residential occupancy.
e. No Manufacturing. No manufacturing of any kind takes place in the residence or the Common Areas.
f. Compliance With Laws. The business activity is not illegal and does not violate any local ordinances.
5.15 Home Daycare. Pursuant to California Health and Safety Code Section 1597.40(c), Residents and/or Tenants are authorized to use their Residences for a home daycare (as that term is defined in California Health and Safety Code Section 1596.78(a)), expressly conditioned on compliance with all of the following rules and regulations:
a. Licensing. The Resident and/or Tenant must obtain proper licensing pursuant to California Health and Safety Code Sections 1597.44-46 and 1597.465 (in addition to any other California licensing law or regulation in effect at the time of operating the daycare). Upon demand by the Association, the daycare operator must provide the Association with proof that the daycare operator holds a valid daycare license pursuant to all of the existing requirements of California law;
b. Indemnification. The daycare operator must agree to indemnify, defend and hold harmless the Association for any liability arising out of the operation of the daycare facility and agree to execute a contract evidencing this indemnification agreement;
c. Supervise Children. The daycare operator must supervise all children, business invitees and/or guests when they are on the premises, including, but not limited to their use of the Association Common Areas. Further, the daycare operator must ensure that all of their children, business invitees, and/or guests comply with all of the Association’s rules and regulations.
d. Insurance. The daycare operator must maintain (1) liability insurance in the amount of at least $100,000 per occurrence and $300,000 aggregate, or a bond in the aggregate amount of $300,000; or (2) affidavits signed by each parent with a child enrolled in the daycare that states the parent knows that the daycare does not carry insurance or a bond. If there is insurance or a bond, the Association must be named as an additional insured on the policy (if allowed by the insurance carrier). The Association will pay the daycare operator any additional insurance premium assessed for the additional insured coverage.
Should daycare operator fail to comply with any of the conditions stated herein, Association may do all of the following:
i. assess monetary penalties for violations by daycare operator or their children, business invitees and/or guests of the Association’s rules and regulations;
ii. may suspend Common Area privileges and/or Voting Rights; and
iii. may (in addition to monetary penalties and/or suspension of Common Area privileges and/or Voting Rights) file a lawsuit for damages and/or injunctive relief.
Association shall also have the right to pursue any other rights or remedies available at law or equity for such a failure to comply with the daycare rules contained herein. If the Association is required to take legal action to enforce these daycare regulations, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the actual attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.
5.16 Power Tools. Power tools, welding equipment, or carpentry shops shall be only for Member’s recreational use and may not be used or maintained for any commercial purpose.
5.17 Sign Restrictions. No signs may be displayed on any Lot except as provided below:
a. Legal. Such signs as may be required by legal proceedings.
b. Security. Residential identification and security identification signs are notto exceed three square feet or 30” high. Security equipment and signs shall be located with discretion. Bright colored alarms and warning messages obviously need to be positioned so that they are seen by intruders, yet it is desirable that they not clutter views from our common areas and frontage streets. Signs on fences are not allowed.
c. Real Estate. See the information under “Selling or Leasing of Residence” §11.2 (a.)
d. Political Signs. Political signs, limited to two (2) per Lot, that have a face area not to exceed three square feet or 30” high. Political signs are permitted four (4) weeks prior to an election and must be removed immediately thereafter.
e. Vehicle Signs. Member’s vehicles with advertising on the exterior must be parked in the Member’s garage.
f. Construction Signs. Contractors may display signs not exceeding three square feet or 30” high during major repair (roof, paint, concrete) or remodels. Signs must be removed at the completion of the job and not be displayed more than 30 days.
5.18 Nudity and Sexual Activity. Public displays of nudity are prohibited. Sexual activity in the Common Areas is prohibited.
5.19 Statues, Fountains & Artwork. No Statue, fountain, waterfall of “artwork” of any kind may be installed or displayed which will be visible from the Lake, street, common areas or neighboring properties without the express written approval of the Architectural Committee.
6.1 Number Limitation. No more than two (2) dogs or cats or one (1) of each may be kept as pets.
6.2 Grandfathered Pets. Pets which are in violation prior to the adoption of these rules are permitted. Members may keep their pets for as long as they reside in the community. However, once the Member has moved or the pets have died, the pets cannot return or be replaced except as provided for in these Rules.
6.3 Screeching Birds. Birds which make loud screeching noises are not allowed.
6.4 Dangerous Animals. No animal may be kept which the Board determines to be dangerous or has been designated as dangerous by a governmental agency.
6.5 Damage. Residents are fully responsible for any damage to the Common Areas caused by their pets or the pets of their family, guests, employees, or representatives. The cost to repair the damage will become a special assessment against the Member.
6.6 Animal Nuisance. Excess barking by dogs and feces deposits on public property are controlled by WLV Code 3, § 10.40.060. L.A. County Animal Control does the enforcement. Complaints are only accepted in writing. Call the Shelter at 818-991-0071 for a form or print one on-line or send a letter with all the details to: L.A. County Animal Shelter, 29525 Agoura Rd., Agoura Hills, CA 91301.
6.7 Multiple Violations. Any resident receiving more than three fines within a twelve-month period may be required to remove his pet form the Association premises.
6.8 Leash. Animals must be kept within an enclosure, held by a person, or kept on a leash held by a person capable of controlling the animal whenever the animal is in the Common Areas.
6.9 Tethering Animals. Pets may not be tethered and left unattended in the Common Areas.
6.10 Sanitation. Feces must be removed immediately, placed in a tied bag and disposed of in the trash receptacles. Throwing loose feces into the Common Area and ivy is prohibited.
7.1 Restricted Parking. No vehicle may be parked other than completely within a Member’s garage or carport, in the Member’s driveway, or on the street adjacent to the residence. Parking of vehicles in front yards, side yards, and back yards are strictly prohibited. Vehicles parked on the street in excess of 72 hours will be reported to the Sheriffs’ Department.
7.2 Motor Homes, Campers, Tow Trucks, Trailers & Boats. Except for loading or unloading, not to exceed 48 hours, no motor home, trailer, commercial truck, tow truck, camper, boat, or other similar vehicle shall be kept or parked upon any Lot in such a manner as will be visible from neighboring properties.
7.3 Inoperable Vehicles. Vehicles which are inoperable, unlicensed, or have expired registration tags must be parked in the resident’s garage.
7.4 Motorcycles. All motorcycles must have proper mufflers and must be QUIET.
7.5 Repairs of Vehicles. Construction, repair, service or maintenance of any vehicles is prohibited except for emergency repairs to the extent necessary for the movement of the vehicle to a proper repair facility.
7.6 Fluid leaks. Members must keep their driveways and the street in front of their Lots free of oil, brake fluid, power steering fluid, etc. at all times. Otherwise, the Board is authorized to Special Assess the Member for the cost of cleaning the affected areas, fine the Member, and/or tow the vehicle which is leaking fluids, after giving sufficient warning to the Member to repair the leak and clean the affected areas.
7.7 Dumping Into Street Drains Prohibited. Dumping oils, paints, chemicals, soaps, detergents, shampoos, dirty water or cleaning products of any kind into the street drains is prohibited.
8.1 General Nuisance. No one may cause or permit to be caused anything which is noxious, offensive or may become a nuisance or cause unreasonable disturbance or annoyance to other residents. To constitute a “Nuisance” an activity must be substantial, injurious to health, indecent, offensive to a reasonable person, or an obstruction to the free use of property.
8.2 Nuisance Noise. No radios, televisions, musical instruments, talking, equipment, barking dogs , screeching birds, or any other source of noise are permitted to create an unreasonable disturbance of annoyance to other residents. There is a noise curfew of 10:00 p.m. Sunday through Thursday and 12:00 midnight Friday and Saturday. No loud noises are permitted any day prior to 7:00 a.m. Please respect your neighbors and keep noise to reasonable levels.
8.3 Nuisance Odors. No fumes, gases, smoke or other odors are permitted which may cause an unreasonable safety or health hazard, an unreasonable disturbance or annoyance to others.
8.4 Construction Noise. In accordance with the Architectural Standards, the hours of construction are 7:00 a.m. to 5:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No construction noise is allowed on Sunday.
8.5 Enforcement Procedures. Because a nuisance is largely subjective, the Association is not obligated to become involved in nuisance disputes.
8.6 Violation of Law. Violation of any federal, state, municipal or local laws, ordinances or regulations by Member or their family, Tenants, and guests will be deemed a nuisance which may be abated as provided for in the Governing Documents or by law.
The recreational facilities are for the use and enjoyment of the Association’s residents.
The following rules are intended to make the facilities safe and enjoyable.
9.1 Supervising Minors. Residents must provide adult supervision for minors who reside in their residence or are guests who use the Association’s recreational facilities or Common Areas.
9.2 Guests. All guests must be accompanied by residents whenever the guest uses the Association’s recreational facilities.
9.3 Health Limitations & Communicable Diseases. Individualswho intend to use the Association’s recreational facilities should consult their doctor to make sure such use will not be harmful to their health. Persons with skin diseases, open sores, inflamed eyes, nasal or ear discharges, or any diseases which are readily communicable may not use the recreational facilities until such time as the disease is no longer communicable.
9.4 Impairment of Judgment. Controlled substances which would impair a person’s health, judgment or physical abilities are prohibited in the recreational areas.
9.5 No Glass. Glass containers are not allowed in any of the recreational areas.
9.6 No Pets. No Pets are allowed in the pool area.
9.7 Swimming Pools. The swimming pool is for the exclusive use of the Association’s residents and guests and is open from 8:00 a.m. to 10:00 p.m. seven days per week.
a. Assumption of Risk. NO LIFEGUARDS ON DUTY. Use of the swimming pool is at your own risk and residents assume full responsibility for their own safety as well as that of their guests
b. No children in Diapers. Children in diapers are not permitted in the pool.
c. Proper Swimming Attire. Appropriate swimming attire must be worn.
d. No Rough Play. Boisterous conduct and rough play are prohibited.
e. Inflatable Items. Inflatable items are permitted if they do not interfere with swimmers.
f. Pool Furniture. Pool furniture is on a “first served” basis. Furniture may not be reserved.
g. No Tampering With Pool Equipment. No tampering with pool equipment or the settings on pool equipment.
h. Pool Fence. Climbing over pool gates, walls or fences is prohibited.
i. Guests. Residents may invite a maximum of six (6) guests per Residence to use the pool. For larger groups, a special use permit is required. In order to obtain a special use permit, Resident must obtain and pay for the services of a lifeguard to supervise the pool during the entire period of special use. Additionally, the Resident must obtain special event liability insurance in amounts agreed to by the Association, and shall execute an agreement to indemnify, defend and hold harmless the Association and its affiliates for any liability arising out of the use of the pool pursuant to the special use permit. All guests must be accompanied by residents whenever the guest uses the Association’s recreational facilities.
9.8 Paddle Tennis Court. The tennis court is open from 8:00 a.m. to dark.
a. One Hour Limit. Court times are limited to one hour if others are waiting to play. Guests are welcome but must play with a resident in the game.
b. Proper Attire. Proper attire and tennis shoes are required at all times.
10.1 Six-Month Lease Term. No member may lease less than the entire Residence nor lease for an initial term of less than six (6) months except by written permission of the Board of Directors.
10.2 Governing Documents. Members must provide their Tenants with copies of and ensure compliance with the Association’s Governing Documents. Members are responsible for the actions of their Tenants and are subject to fines and/or legal action for any infraction of the Governing Documents by their Tenants.
10.3 Rights to Facilities Transferred. Upon leasing their Residences, Members automatically relinquish to their Tenants their right to use the Association’s Common Area facilities until such time as they re-take possession of their Residences.
10.4 Notice of Transfer of Occupancy. Members shall promptly notify the Association in writing of the name and address of lessee as well as such other information relative to the lease and lessee as the Association may reasonably request.
10.5 Liability for Damage. Members shall promptly repair any damage to Common Areas or other Lots caused by the transfer of occupancy of their residences.
11.1 Realtors. You may list your Residence with any realtor of your choice. The Association does not recommend Realtors.
11.2 Sign Restrictions. The Association has adopted the following regulations for posting “for sale” and “for lease” signs. Signs not in conformation will be removed and held for the owner or listing broker to retrieve.
a. For Sale or Rent Signs. Real estate signs, limited to two (2) stake signs per Lot, sale or rental which do not exceed three (3) square feet in area or 30” high.
b. Directional Signs. When Members host an open house for prospective buyers, One directional sign may be placed at the closest major street corner. That sign must be removed at the conclusion of the open house.
c. Pendants and Flags. Pendants may be placed in the front or side yard of the Lot only during open house hours. In no event is the use of electric signs, searchlights, large banners or other garish advertisements permitted.
d. Removal of Signs. All signs relating to the sale of a Lot must be removed at the close of escrow.
11.3 Full Disclosure. Members, not the Association, must fully disclose to potential buyers, information about the Association and their Lots. You should talk to your real estate broker and/or your attorney about your disclosures. At a minimum, you should disclose the following:
a. Documents. CC&Rs, Bylaws, Articles of Incorporation, Rules and Regulations, and Architectural Standards; the Association’s most recent financial statement; a copy of the Association’s current operating budget and Reserve study, along with the Association’s assessment enforcement procedures; and a summary of the Association’s insurance.
b. Significant Restrictions. Any significant restrictions such as limitations on occupancy, pet restrictions, etc.
c. Current Assessments. Current regular and special assessments and any unpaid assessments.
d. Pending Assessments. Any pending special assessments or changes in regular assessments which have been approved by the Board.
e. Litigation. Any litigation the Association is involved in, copies of the complaintswill be available in the management office.
f. Violations. Any architectural violations and Governing Document violations must be disclosed and resolved prior to the transfer of your Lot. The buyer of your Lot will be responsible for correcting such problems upon demand by the Association.
11.4 Notice of Transfer of Ownership. At least five (5) days prior to the assignment, Sale, quitclaim or other transfer of a Lot, Members must notify the Association of the name and address of the transferee and the nature of the transfer.
To ensure fairness in the enforcement of the Association’s Governing Documents, the Association’s Board of Directors has adopted the following policies and procedures.
12.1 Periodic Inspections. As part of the Association’s duty to enforce its Governing Documents, there may be periodic inspections of the property. Where appropriate, pictures may be taken to document alleged violations so that proper action may be taken to correct the violations.
12.2 Resident Complaints. Residents may submit written complaints of alleged violations to the management company. However, such complaints must be signed. Anonymous complaints will not be acted upon.
12.3 Right to View Complaints. Written complaints will be kept confidential except that the person accused of the violation will have the right to view, but not copy, the complaint.
13.1 Notice of Violation. Notice of violations will be given either personally or by prepaid First-Class mail to the most recent address as shown in the Association’s records.
13.2 Hearing Procedures. The following notice and hearing procedures will be followed whenever there is a violation of the Association’s Governing Documents which could result in the suspension of privileges or voting rights.
a. Notice of Hearing. Notice of the hearing will be sent at least fifteen (15) daysbefore the hearing.
b. Opportunity to Be Heard. Before privileges or voting rights may be suspended, Members have the right to send a letter, send an authorized representative, or appear in person to present evidence why they should not be disciplined. With prior notice, Members may bring an attorney with them to advise them or to speak on their behalf. The hearing will be held in executive session if so requested.
c. Rescheduled Meeting. Upon timely, written request and for worthy cause, an accused party may be granted a continuance to a new hearing date. In the event a person fails to appear for a hearing, the Board will review the evidence presented and make its decision accordingly.
d. Correction of Violation. In the event the violation is corrected prior to the hearing date, the Board may, if appropriate, discontinue the proceedings.
e. Decision of the Board. Following the hearing, the Board shall decide whether or not the Member shall be penalized and the amount of the penalty. The decision of the Board shall be final.
f. Notice of Determination. Within thirty (30) days of the hearing, the Member will be given notice of the determination.
13.3 Appeal of Fines. Monetary penalties for violations of the Association’s governing documents may be appealed by appearing before the Board or by writing a letter to the Board presenting reasons and/or evidence why the fine should be removed.
13.4 Conflicts of Interest. If a member of the Board or Committee has a conflict of interest (i.e., they filed the complaint, or the complaint was filed against them) such persons may not vote on the issue.
The Association’s Governing Documents may be enforced by any or all of the following as the Board may deem appropriate.
14.1 Reimbursement Special Assessments. The Board may levy reimbursement special assessments against Members for expenses incurred by the Association arising out of actions or omissions of such Members or their family, Tenants, guests, or pets. Such expenses will include but not be limited to: (I) enforcing compliance with the Association’s Governing Documents, (ii) collecting delinquent assessments, (iii) mitigating or repairing damage to Association property or Common Areas, and (iv) attorney’s fees and costs regardless of whether legal proceedings were instituted. Reimbursement special assessments will be fully enforceable by all means provided for in the Governing Documents including lien and foreclosure.
14.2 Monetary Penalties. The Board may assess monetary penalties for violations by Members or their family, Tenants, or guests as provided for in the Association’s current Schedule of Monetary Penalties. Unless otherwise noted in this Handbook, monetary penalties will be assessed as provided for in the “Schedule of Fees and Fines” in Exhibit “B”.
14.3 Suspension of Privileges. The Board may suspend the Common Area privileges of Members and their family, Tenants, and guests. For non-continuing violations the suspension will be for a period of time not to exceed thirty (30) days. For continuing violations, the suspension may be imposed for as long as the violation continues. Suspended privileges will include but not be limited to:
a. Common Area Facilities. Use of the Association’s recreational and other Common Area facilities will be suspended and the person will be asked to leave the facility or fined if they use the facilities
14.4 Suspension of Voting Rights. The Board may suspend a Member’s voting rights for failure by Members or their family, Tenants, or guests to comply with the provisions of the Association’s Governing Documents. Any such suspension will be for a period of time not to exceed thirty (30) days for any non-continuing violation. For continuing violations, the suspension may be imposed for as long as the violation continues. Regular and special assessments will continue to accrue and will be due and payable notwithstanding the suspension of membership rights and privileges.
14.5 Judicial Enforcement. In addition to monetary penalties, suspension of privileges and suspension of voting rights, the Association may file a lawsuit for damages and/or injunctive relief.
14.6 Right to Stop Work. The Association has the right to stop any work that is (I) in violation of this Agreement, (ii) creating a fire or safety hazard, or (iii) unreasonably interfering with activities in the Common Areas.
14.7 Association Right to Cure. The Association may also cure a violation provided, however, the Association gives the Member not less than thirty (30) days prior written notice of the violation and the Association’s intent to cure such violation. The Association’s expense in curing the violation will become a reimbursement assessment against the Member. In case of emergency, the right of entry and cure will be immediate.
14.8 Cumulative Remedies. The enforcement rights described above are cumulative and the Association may exercise one or more of their rights or remedies including those which may not be listed.
14.9 Failure to Pay Penalty. In the event Members fail to pay penalties assessed against them, the Board may seek judicial enforcement of the penalty including all costs of collection, attorneys’ fees, court costs and related expenses.
14.10 Alternative Dispute Resolution. Section 1354 of the Civil Code requires that before the Association or a Member files a lawsuit against the other, the filing party must endeavor to submit the dispute to alternative dispute resolution (“ADR”) if the lawsuit is (i) solely for declaratory or injunctive relief, or (ii) for declaratory or injunctive relief in connection with a claim for money under $5,000 (other than Association assessments), related to the enforcement of the Association’s Governing Documents. The ADR process is initiated by one party serving a “Request for Resolution” upon the other parties to the dispute. If the individual receiving the Request agrees to ADR, the process must be completed within 90 days unless otherwise extended by agreement. If a civil suit is filed, the filing party must submit to the court a “Certificate of Compliance” indicating the party has compiled with these requirements. Failing to do so would be grounds for challenging the lawsuit. Although the winning party may be awarded reasonable attorneys’ fees and costs, the court may consider a part’s refusal to participate in ADR. Failure to comply with the pre-filing requirements of this Section may result in the loss of your rights to sue the Association regarding enforcement of the Governing Documents. The full text of Civil Code 1354 is available in the management office. A sample “Request for Resolution” is attached as Exhibit “A.”
14.11 Attorneys’ Fees. If the Association is required to take legal action to enforce the Governing Documents, the prevailing party may be awarded attorney’s fees and costs by the court. In addition, the Association will levy special assessments for reimbursement of attorneys’ fees and costs from those Members against whom the Association must employ the services of an attorney to ensure compliance with the Association’s Governing Documents regardless of whether legal proceedings are instituted.
Schedule of Fees and Fines
Replacement Document Fees
- Governing Documents (CC&Rs), Bylaws, Articles of Incorporation – $60.00
- Budget – $10.00
- Financial Statement – $20.00
- Rules and Regulations – $30.00
- Architectural Standards – $30.00
- Replacement Pool Keys (non refundable) – $50.00 each
Monetary Penalties for each deficiency occurrence of the CC&Rs, Rules and Regulations and/or Architectural Standards will be assessed and will be continuous for repetition of the same violation within one year as follows:
- First Notice – Warning
- Second Notice – $25.00 to $100 for the same occurrence
- Third Notice – $200.00 for the same occurrence
- Subsequent Notice – $400.00 for the same occurrence
Last Revision: April 2010