Amended Declaration of Covenants, Conditions, and Restrictions of Cal-Villa Estates Homeowners Association

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Amended Declaration of Covenants, Conditions and Restrictions of Cal-Villa Estates Homeowners Association

NOTICE

If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

Recorder 29 (1/1/2020)
Government Code 12956.1
DOC# 2002-098931
06/10/2002 09:11A Fee:178.00
Page 1 of 58
Recorded in Official Records
County of San Joaquin

RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:

Gary U. Freeman
Assessor-Recorder-County Clerk

CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION
c/o BEADING & WEIL, LLP
3240 Stone Valley Road West
Alamo, California 94507

TABLE OF CONTENTS TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION

RECITALS

ARTICLE 1 - DEFINITIONS

1.1 Absolute Majority
1.2 Additional Charges
1.3 Annual Assessments
1.4 Architectural Committee
1.5 Articles
1.6 Assessments
1.7 Association
1.8 Board of Directors
1.9 Bylaws
1.10 Capital Improvement
1.11 City
1.12 Common Area
1.13 Common Area A
1.14 Common Area B
1.15 Contract Purchaser/Contract Seller
1.16 Condominium
1.17 Condominium Plan
1.18 County
1.19 Declaration
1.20 Enforcement Assessment
1.21 Exclusive Use Common Area
1.22 Governing Documents
1.23 Maintenance
1.24 Member
1.25 Member in Good Standing
1.26 Mortgage
1.27 Mortgagee
1.28 Owner
1.29 Project
1.30 Reimbursement Assessment
1.31 Repair
1.32 Replacement
1.33 Resident
1.34 Rules
1.35 Simple Majority
1.36 Special Assessment
1.37 Total Voting Power
1.38 Unit

ARTICLE 2 - PROPERTY RIGHTS AND RIGHTS OF ENJOYMENT

2.1 Ownership of Condominium; Exclusive Easements
2.2 Owners Non-Exclusive Easements of Enjoyment
2.3 Exclusive Use Common Area
2.4 Delegation of Use
2.5 Common Area Construction
2.6 Mechanic’s Liens

ARTICLE 3 - EASEMENTS

3.1 Easements in General
3.2 Easements of Encroachment
3.3 Utility Easements
3.4 Easements, Licenses and Rights of Way Granted by The Board

ARTICLE 4 - USE RESTRICTIONS

4.1 Residential Use
4.2 Rental of Units
4.3 Restriction on Businesses
4.4 Family Day Care Centers
4.5 Community Care Facilities
4.6 Offensive Conduct, Nuisances, Noise
4.7 Use of the Common Area
4.8 Hazards
4.9 Sports Apparatus
4.10 Mailboxes and Exterior Newspaper Tubes
4.11 Outside Drying and Laundering
4.12 Antennas and Satellite Dishes
4.13 Animals
4.14 Trash Disposal
4.15 Construction Materials, Construction Debris
4.16 Signs
4.17 Vehicles and Parking
4.18 Parking Enforcement
4.19 Assigned Covered Parking Spaces (i.e. Carports)
4.20 Window Coverings
4.21 Outside Barbeque Fires

ARTICLE 5 - HOMEOWNERS ASSOCIATION

5.1 Management and Operation
5.2 Membership
5.3 Voting
5.4 Board of Directors
5.5 Association Rules
5.6 Manager and Other Personnel
5.7 Assessments
5.8 Insurance
5.9 Acquisition of Property
5.10 Capital Improvements
5.11 Sale, Transfer or Dedication of Association Property
5.12 Easements and Licenses to Owners
5.13 Mortgage of Association Real Property
5.14 Access

ARTICLE 6 - ASSESSMENTS AND LIENS

6.1 Covenant of Owner
6.2 Creation of Lien
6.3 Annual Assessments
6.4 Authority of the Board
6.5 Annual Assessments
6.6 Special Assessments
6.7 Reimbursement Assessments
6.8 Enforcement Assessments
6.9 Failure to Fix Assessments
6.10 Offsets
6.11 Delinquent Assessments
6.12 Power of Sale
6.13 Certificate of Satisfaction and Release of Lien
6.14 Priority
6.15 Association Funds
6.16 Waiver of Exemptions
6.17 Property Exempt From Assessments

ARTICLE 7 - DAMAGE OR DESTRUCTION OF BUILDINGS; CONDEMNATION

7.1 Damage to Single Unit
7.2 Damage to Two or More Units or Common Area
7.3 Sale of Entire Project
7.4 Condemnation of Common Area
7.5 Appraisals

ARTICLE 8 - MAINTENANCE OF PROPERTY

8.1 Association Responsibility
8.2 Authority for Entry of Unit or Exclusive Use Common Area
8.3 Association Liability
8.4 Owner Responsibility
8.5 Interior Decorations
8.6 Board Discretion
8.7 Owner Liability

ARTICLE 9 - ARCHITECTURAL COMMITTEE

9.1 Submission of Plans and Specifications
9.2 Establishment
9.3 Duties
9.4 Meetings
9.5 Rules
9.6 Application
9.7 Grant of Approval
9.8 Form of Approval
9.9 Board Review
9.10 Commencement
9.11 Completion
9.12 Inspection
9.13 Non-Waiver
9.14 Liability
9.15 Compliance With Governmental Requirements

ARTICLE 10 - ENFORCEMENT

10.1 Violations as Nuisance
10.2 Violation of Law
10.3 Owners’ Responsibility for Conduct of Others and Damages
10.4 No Avoidance
10.5 Rights and Remedies of the Association
10.6 Disciplinary Rules
10.7 Emergency Situations
10.8 Alternative Dispute Resolution
10.9 Non-Waiver
10.10 Notices
10.11 Costs and Attorneys’ Fees

ARTICLE 11 - AMENDMENT

ARTICLE 12 - GENERAL PROVISIONS

12.1 Headings
12.2 Severability
12.3 Liberal Construction
12.4 Number; Gender
12.5 Easements Reserved and Granted
12.6 Power of Attorney
12.7 Term

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AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION

This Amended Declaration of Covenants, Conditions and Restrictions is made on the date hereinafter set forth by CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (hereinafter referred to as the “Association”).

RECITALS

A. WHEREAS, the Association is the successor in interest to McKean Construction, a California corporation, which, as Declarant, executed that certain Declaration of Restrictions–(Enabling Declaration Establishing a Plan for Condominium Ownership of Portion of Cal-Villa Estates), dated December 29, 1969, and recorded on January 6, 1970, in Book 3362, Pages 536 and following, as Instrument No. 401 in the Official Records of San Joaquin County, State of California (hereinafter referred to as the “1970 Declaration”); and

B. WHEREAS, an amendment to the 1970 Declaration was recorded on November 18, 1987 as Instrument No. 87-105821 in the Official Records of San Joaquin County, State of California; and

C. WHEREAS, the 1970 Declaration as amended establishes certain limitations, easements, covenants, restrictions, conditions, liens, and charges which run with and are binding upon all parties having or acquiring any right, title, or interest in that certain parcel of real property located in the County of San Joaquin, State of California, and more particularly described as follows:

Lots 1 through 56, inclusive, as shown upon the Map entitled “Tract No. 886, Cal-Villa Estates,” filed for record on November 17, 1969, in Vol. 19 of Maps and Plats at Page 7 in the Official Records of San Joaquin County, State of California; and

D. WHEREAS, the Members, constituting at least seventy-five percent (75%) of the Members of the Association, desire to amend, modify, and otherwise change the 1970 Declaration as amended, pursuant to Article H, Section 8 thereof;

E. NOW, THEREFORE, pursuant to Article H, Section 8 of the 1970 Declaration as amended, the Members constituting at least seventy-five percent (75%) of the Members of the Association, do hereby declare that the aforesaid 1970 Declaration as amended, be and it is hereby, AMENDED AND RESTATED IN ITS ENTIRETY as set forth in the within Amended Declaration of Covenants, Conditions and Restrictions of Cal-Villa Estates Homeowners Association; and

F. IT IS FURTHER HEREBY DECLARED that all of the real property described herein constitutes a “condominium project” within the meaning of section 1351(f) of the California Civil Code; and

G. IT IS FURTHER HEREBY DECLARED that all of the real property described herein is held and owned and shall be held, owned, operated, managed, conveyed, hypothecated, encumbered, leased, used, occupied, and improved subject to the following covenants, conditions, and restrictions, all of which are declared and agreed to be in furtherance of a plan and purpose of protecting, preserving, and enhancing the value, desirability, and attractiveness of the said real property and every part thereof, and of fostering the development, management, improvement, enjoyment, and sale of the said real property and any part thereof; and

H. IT IS FURTHER HEREBY DECLARED that all of the covenants, conditions, and restrictions herein set forth shall constitute enforceable equitable servitudes as provided in section 1354 of the California Civil Code, shall constitute covenants that shall run with the said real property, and shall be binding upon and inure to the benefit of each Owner of any portion of the said real property or of any interest therein and their heirs, successors, and assigns.

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ARTICLE 1: DEFINITIONS

1.1 Absolute Majority: “Absolute Majority” shall mean a majority of the Total Voting Power of the Association.

1.2 Additional Charges: “Additional Charges” shall mean all costs, fees, charges, and expenditures, including without limitation, interest, late charges, attorneys’ fees, recording and filing fees, and all other costs actually incurred by the Association in collecting and/or enforcing payment of Assessments, fines, and/or penalties.

1.3 Annual Assessments: “Annual Assessments” shall have the meaning set forth in Section 6.5.

1.4 Architectural Committee: “Architectural Committee” shall mean the Committee created pursuant to Article 9 of this Declaration and Article 10 of the Bylaws.

1.5 Articles: “Articles” shall mean the Articles of Incorporation of Cal-Villa Estates Homeowners Association, as they may be amended from time to time, and as filed with the Office of the Secretary of State of California.

1.6 Assessments: “Assessments” shall mean any or all of the following: Annual Assessments, Special Assessments, Reimbursement Assessments, and Enforcement Assessments.

1.7 Association: “Association” shall mean Cal-Villa Estates Homeowners Association, its successors and assigns.

1.8 Board of Directors: “Board of Directors” or “Board” shall mean the governing body of the Association.

1.9 Bylaws: “Bylaws” shall mean the Bylaws of the Association as they shall be adopted by the Board of Directors and Members and any duly-adopted amendments thereof.

1.10 Capital Improvement: “Capital Improvement” shall mean the original construction or acquisition of an improvement that did not previously exist in any form, as distinguished from the repair, upgrading, or replacement of an existing improvement.

1.11 City: “City” shall mean the City of Stockton.

1.12 Common Area: “Common Area” shall mean the entire Project other than the Units, as defined herein or as shown on the Condominium Plan. The Common Area shall consist of both Common Area A and Common Area B as defined herein.

1.13 Common Area A: “Common Area A” shall include each multifamily structure (except for the Units), the solid earth upon which the structure is located and the airspace above the structure, all bearing walls, columns, floors, roofs, slabs, foundations, storage spaces, balconies, lobbies, common halls, common stairways, central heating, central refrigeration and central air-conditioning equipment, hot water heaters serving more than one (1) Unit, reservoirs, tanks, pumps and other central services, pipes, ducts, chutes, conduits, wires and other utility installations of the multifamily structures, wherever located, except the outlets thereof when located within the Units, parking spaces, lawns, pavement, trees, and all other landscaping on the lots on which the multifamily structures are located. Each Owner has an undivided 1/4 interest in the common area of the lot upon which the multifamily structure containing the Owner’s Unit is situated.

1.14 Common Area B: “Common Area B” shall include the Association office, clubhouse, play areas and all other community facilities. Each Owner has an undivided 1/220th interest in Common Area B.

1.15 Contract Purchaser/Contract Seller: “Contract Purchaser” and “Contract Seller” shall mean the purchaser and the seller, respectively, under an installment land contract in which title to the property is transferred after the final installment payment is made.

1.16 Condominium: “Condominium” shall mean an estate in real property as defined in California Civil Code sections 783 and 1351(f), consisting of an undivided interest in common in the Common Area, and a separate fee interest in a Unit together with any easements or other interests in the Project or any portion thereof as are described in the Declaration, in the Condominium Plan, or in the deed conveying a Condominium.

1.17 Condominium Plan: “Condominium Plan” or “Plan” shall mean that certain Condominium Plan entitled “Tract No. 886, Cal-Villa Estates,” filed for record on November 17, 1969, in Vol. 19 of Maps and Plats at Page 7 in the Official Records of San Joaquin County, State of California and prepared for the Cal-Villa Estates Homeowners Association condominium project in accordance with the predecessor statute to section 1351 of the Civil Code.

1.18 County: “County” shall mean the County of San Joaquin.

1.19 Declaration: “Declaration” shall mean this Amended Declaration of Covenants, Conditions and Restrictions of Cal-Villa Estates Homeowners Association, recorded in the Office of the County Recorder of San Joaquin County, California, and any amendments thereof.

1.20 Enforcement Assessment: “Enforcement Assessment” shall have the meaning set forth in Section 6.8.

1.21 Exclusive Use Common Area: “Exclusive Use Common Area” shall mean any portion of the Common Area the exclusive use of which is set aside, allocated, assigned, and restricted to the exclusive use or possession of the Residents of a particular Unit. An exclusive easement to such Exclusive Use Common Area may be specifically granted in each individual grant deed conveying a Condominium; however, the failure of any such deed to set forth such grant of easement shall not invalidate the exclusive easement herein granted. Exclusive Use Common Area shall include (i) assigned covered parking spaces (i.e. “carports”), (ii) assigned storage spaces, (iii) balconies appurtenant to and adjoining a Unit, and (iv) air conditioners serving a Unit but located outside the boundaries of the Units.

1.22 Governing Documents: “Governing Documents” shall mean the Articles, Bylaws, Declaration, and Rules, and the policies and resolutions duly adopted by the Board and distributed to the Members.

1.23 Maintenance: “Maintenance” shall mean the act of caring for property and keeping it in its existing state, preserving it from failure or deterioration, including painting, caulking, cleaning, and minor, non-structural upkeep.

1.24 Member: “Member” shall mean an Owner.

1.25 Member in Good Standing: “Member in Good Standing” shall mean a Member of the Association who is current in the payment of all dues, Assessments, fines, penalties, and other charges imposed in accordance with the Governing Documents, and who is in compliance with all of the provisions of the Governing Documents, as more particularly set forth in the Bylaws.

1.26 Mortgage: “Mortgage” shall mean a deed of trust as well as a mortgage in the conventional sense.

1.27 Mortgagee: “Mortgagee” shall mean a beneficiary under a deed of trust as well as under a Mortgage.

1.28 Owner: “Owner” shall mean the record owner, whether one or more persons or entities, of the fee simple title to any Condominium which is a part of the Project, including Contract Sellers, but excluding Contract Purchasers and excluding those having such interest merely as security for the performance of an obligation.

1.29 Project: “Project” shall mean all of the real property described in this Declaration which comprises the Cal-Villa Estates Homeowners Association condominium project, including all structures and other improvements located at any time upon said real property.

1.30 Reimbursement Assessment: “Reimbursement Assessment” shall have the meaning set forth in Section 6.7.

1.31 Repair: “Repair” shall mean the minor restoration of property that is torn, broken, or otherwise damaged, or has sustained wear, tear, or deterioration such that minor restoration is necessary.

1.32 Replacement: “Replacement” shall mean substantial reconstruction, restoration, or substitution of the whole or a substantial part of property that has been damaged or destroyed through usage or through hazard or catastrophe such that it is no longer useable or serviceable in its current condition.

1.33 Resident: “Resident” shall mean any person who resides on a Unit within the Project whether or not such person is an Owner as defined in Section 1.28 above.

1.34 Rules: “Rules” shall mean the rules and regulations governing the use, occupancy, management, administration, and operation of the Project or any part thereof as adopted and published by the Board of Directors from time to time.

1.35 Simple Majority: “Simple Majority” shall mean a majority of the votes represented and voting at a meeting at which a quorum is present or by written ballot in conformity with Corporations Code section 7513 in which the number of votes cast by ballot equals or exceeds the number required to establish a quorum.

1.36 Special Assessment: “Special Assessment” shall have the meaning set forth in Section 6.6.

1.37 Total Voting Power: “Total Voting Power” shall mean the total number of votes of all Members entitled to vote at a particular time, calculated on the basis of one vote for each Unit, excluding any Units as to which an Owner is not then a Member in Good Standing.

1.38 Unit: “Unit” shall mean the elements of a Condominium that are not owned in common with the other Owners of Condominiums within the Project, which Units are shown as separately designated and numbered areas on the Condominium Plan. Each Unit consists of the interior space bounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, and trim of each of such interior spaces, and interior and exterior windows, window frames and glass window panes, interior and exterior doors and door frames, and window and door screens; provided, however, that bearing walls located within the aforesaid boundaries of a Unit (except for the finished surfaces thereof) are Common Area and not part of the Unit. Each Unit includes the utility installations, fixtures, and appliances located within its boundaries and/or which exclusively serve the Unit including, without limitation, the following: oven, range and fans; garbage disposal unit; dishwasher unit; hot water heaters; heating conduits, furnaces, space heaters and other heating equipment serving such Unit; lighting fixtures; bathtubs, sinks and wash basins, shower stalls, toilets, and other plumbing fixtures; and interior partitions which are located entirely within the boundaries of the Unit they serve. Each Unit includes both the portion of the building so described and the air space so encompassed. In interpreting deeds, the Declaration, and the Condominium Plan, it shall be conclusively presumed that the then existing physical boundaries of a Unit are its boundaries, rather than the metes and bounds or other description expressed in the deed, the Declaration, or the Condominium Plan, regardless of any settling or lateral movement of buildings and regardless of minor variance between the boundaries shown on the deed, the Declaration, or the Condominium Plan and the actual existing physical boundaries.

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ARTICLE 2: PROPERTY RIGHTS AND RIGHTS OF ENJOYMENT

2.1 Ownership of Condominium; Exclusive Easements: Ownership of each Condominium within the Project shall include (i) a designated Unit, (ii) the respective fractional interest as tenant in common in the Common Area A and the respective fractional interest as tenant in common in the Common Area B, (iii) a membership in the Association, and (iv) any exclusive easements or easements appurtenant to such Unit upon the Exclusive Use Common Area and such other easements as are applicable, all as described in the Declaration, in the deed to the Unit, or in the Condominium Plan. The undivided interests in the Common Area established in this Amended Declaration cannot be changed. The undivided interests in the Common Area shall not be severed or conveyed separately from the respective Units to which they are appurtenant and each such undivided interest shall in all cases be deemed to be conveyed or encumbered along with the respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Unit. Any purported severance or separate conveyance of an undivided interest in the Common Area apart from a conveyance of the respective Unit shall, for all purposes, be null, void, and unenforceable.

2.2 Owners Non-Exclusive Easements of Enjoyment: Every Owner of a Condominium shall have a non-exclusive easement of use of and enjoyment in, to, and throughout the Common Area of the Project for ingress, egress, and support over and through the Common Area; provided, however, such non-exclusive easements shall be subordinate to, and shall not interfere in any way with the exclusive easements, if any, appurtenant to Units over Exclusive Use Common Area. Each such non-exclusive easement shall be appurtenant to and pass with the title to every Condominium, subject to the following rights and restrictions:

  • (a) The right of the Board of Directors to establish and enforce reasonable rules and regulations governing the use of the Common Area and facilities thereon;
  • (b) The right of the Board to charge reasonable admission and other fees for the use of any facilities situated upon the Common Area;
  • (c) The right of the Board, as more particularly addressed in the Bylaws, to suspend an Owner’s rights and privileges as a Member, including voting rights and right to use the recreational facilities for any period during which any Assessment against such Owner’s Condominium remains unpaid and/or for infraction of the Governing Documents of the Association;
  • (d) The right of the Board, as set forth in Section 3.4, subject to the approval of Members, to grant easements and rights of way in, on, over, or under the Common Area subject to such conditions as may be agreed to by the Board;
  • (e) The right of the Board, subject to the approval of Members as set forth in Section 5.10, to construct Capital Improvements on the Common Area;
  • (f) The right of the Board, subject to approval of the Members as set forth in Section 5.11, to sell, transfer or dedicate property owned by the Association;
  • (g) The right of the Board, subject to approval of Members as set forth in Section 5.12, to grant easements or licenses to Owners;
  • (h) The right of the Board, subject to approval of the Members as set forth in Section 5.13, to mortgage, pledge, encumber, or otherwise hypothecate the Common Area and facilities thereon as security for money borrowed by the Association; and
  • (i) The right of the Association or its authorized agents, as provided in this Declaration, to perform its obligations under this Declaration, including obligations with respect to construction, Maintenance, Repair, or Replacement for the benefit of the Common Area or the Owners in common.

2.3 Exclusive Use Common Area: Certain portions of the Common Area, referred to as “Exclusive Use Common Areas,” are subject, as the servient tenements, to exclusive easements in favor of the Units to which they are attached or assigned, as the dominant tenements, and such exclusive easements shall be appurtenant to those designated Units and may not be conveyed or transferred apart from the Unit. Exclusive Use Common Area shall include the following portions of Common Area designated to serve the Owner’s Unit exclusively: (i) assigned covered parking spaces (i.e. “carports”), (ii) assigned storage spaces, (iii) balconies appurtenant to and adjoining a Unit, and (iv) air conditioners serving a Unit but located outside the boundaries of the Units. Said Exclusive Use Common Area shall consist of an assignment or easement for exclusive use to such covered parking space (i.e., “carport”), storage space, balcony and air conditioner as may be specifically designated on the Condominium Plan, deed conveying the Condominium Unit, past assignment by McKean Construction which is still in effect, past or future assignment by the Association, or by this Declaration, as appurtenant to any particular Unit. The Association acting on behalf of the Owners, may reserve to Owners in the name of all Owners as their attorney-in-fact (or in the name of the Association for any property to which the Association holds title) Exclusive Use Common Areas for any purpose not inconsistent with the rights of Owners under this Declaration.

2.4 Delegation of Use: Any Owner may delegate his rights of use and enjoyment, including easements, in the Project to the members of his or her family, tenants, Contract Purchasers, guests and invitees, subject to the terms of the Governing Documents and subject to the terms thereof. Upon the leasing or renting of a Unit, or upon occupancy of a Unit by a Contract Purchaser, the Owner shall be deemed to have delegated and assigned all such rights exclusively to the tenants or Contract Purchasers of such Unit. Each Owner shall notify the Board of the Association of the names of any tenants or any such Contract Purchasers of such Owner’s Unit. Each Owner, tenant, or Contract Purchaser shall also notify the Board of the Association of the names of all members of his or her household to whom such Owner, tenant, or Contract Purchaser has delegated any rights of enjoyment in the Project as provided herein and the relationship which each such person bears to such Owner, tenant, or Contract Purchaser. Any rights of enjoyment delegated pursuant to this Section 2.4 are subject to suspension to the same extent that rights of Owners are subject to suspension as provided in the Governing Documents.

2.5 Common Area Construction: Except as may be authorized by the Board, no person or entity, other than the Association or its duly-authorized agents, shall construct, reconstruct, refinish, alter, or maintain any improvement upon the Common Area, or shall make or create any excavation or fill upon the Common Area, or shall change the natural or existing drainage of the Common Area, or shall plant, remove, or destroy any seed, plant material, tree, shrub, or other vegetation upon the Common Area.

2.6 Mechanic’s Liens: In the event there shall be filed against the Common Area a Notice of Mechanic’s Lien for, or purporting to be for, labor or materials alleged to have been furnished or delivered for any Owner within the Project or his or her Condominium, such Owner shall forthwith cause such lien to be discharged by payment, bond, or otherwise. If the Owner fails to cause the lien to be discharged, the Board may send written notice to the Owner specifying that unless the Owner causes the lien to be discharged within five (5) days from the date of such notice, the Board may cause the lien to be discharged. Within such five (5) day period, the Owner shall be permitted a hearing before the Board regarding the validity of such lien and any offsets or defenses thereto. At that time, the Board shall determine whether the lien adversely and improperly affects and encumbers the rights and interests of the Association or the other Owners. If the Board of Directors determines that the lien does adversely and improperly affect and encumber such rights and interests and that adequate protection of such rights and interests has not been provided, the Board may cause the lien to be discharged by payment, bond, or otherwise. The Board shall have the right to levy a Reimbursement Assessment against the Owner responsible for causing the lien to be discharged in an amount equal to all amounts paid by the Association together with interest thereon at the legal rate and all costs and expenses paid or incurred in connection therewith, including reasonable attorneys’ fees.

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ARTICLE 3: EASEMENTS

3.1 Easements in General: In addition to all easements reserved and granted on the Condominium Plan and the easements provided in Article 2, there are hereby specifically reserved and granted for the benefit of the Units and Unit Owners in common and for each Unit and Unit Owner severally, and for the Association, as their respective interests shall obtain, the easements, reciprocal negative easements, secondary easements and rights of way as particularly identified in this Article 3.

3.2 Easements of Encroachment: There shall be reciprocal appurtenant easements of encroachment as between each Unit and such portion or portions of the Common Area adjacent thereto and/or as between adjacent Units due to the unwillful placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon in accordance with the terms of the Declaration; provided, however, that in no event shall an easement for encroachment exist if such encroachment occurred due to willful conduct on the part of an Owner, a tenant, or the Association.

In the event that a structure on any Unit is partially or totally destroyed and then repaired or rebuilt in accordance with the provisions of the Declaration, the Owners of each Unit agree that minor encroachments over adjoining Units shall be permitted and there shall be easements for the maintenance of said encroachments so long as they shall exist.

3.3 Utility Easements: Easements over and under the Project or any portion thereof for the installation, Repair, Maintenance, and Replacement of electric, telephone, water, gas, and sanitary sewer lines and facilities, heating and air-conditioning facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping as shown on the Condominium Plan, and as may be hereafter required or needed to service the Project, are reserved by and shall exist in favor of the Association, together with the right to grant and transfer the same. The Association shall Maintain, Repair and Replace all utility installations located in the Common Area except for (i) those installations maintained by utility companies, public, private, or municipal, (ii) utility installations which constitute part of a Unit (as such term is defined in Section 1.38) but are located outside the boundaries of such Unit, and (iii) utility installations serving a particular Unit but located outside the boundaries of such Unit (e.g., air conditioners). The Association shall pay all charges for utilities supplied to the Project except those metered or charged separately to the Units.

2.3 Exclusive Use Common Area: Certain portions of the Common Area, referred to as “Exclusive Use Common Areas,” are subject, as the servient tenements, to exclusive easements in favor of the Units to which they are attached or assigned, as the dominant tenements, and such exclusive easements shall be appurtenant to those designated Units and may not be conveyed or transferred apart from the Unit. Exclusive Use Common Area shall include the following portions of Common Area designated to serve the Owner’s Unit exclusively: (i) assigned covered parking spaces (i.e. “carports”), (ii) assigned storage spaces, (iii) balconies appurtenant to and adjoining a Unit, and (iv) air conditioners serving a Unit but located outside the boundaries of the Units. Said Exclusive Use Common Area shall consist of an assignment or easement for exclusive use to such covered parking space (i.e., “carport”), storage space, balcony and air conditioner as may be specifically designated on the Condominium Plan, deed conveying the Condominium Unit, past assignment by McKean Construction which is still in effect, past or future assignment by the Association, or by this Declaration, as appurtenant to any particular Unit. The Association acting on behalf of the Owners, may reserve to Owners in the name of all Owners as their attorney-in-fact (or in the name of the Association for any property to which the Association holds title) Exclusive Use Common Areas for any purpose not inconsistent with the rights of Owners under this Declaration.

2.4 Delegation of Use: Any Owner may delegate his rights of use and enjoyment, including easements, in the Project to the members of his or her family, tenants, Contract Purchasers, guests and invitees, subject to the terms of the Governing Documents and subject to the terms thereof. Upon the leasing or renting of a Unit, or upon occupancy of a Unit by a Contract Purchaser, the Owner shall be deemed to have delegated and assigned all such rights exclusively to the tenants or Contract Purchasers of such Unit. Each Owner shall notify the Board of the Association of the names of any tenants or any such Contract Purchasers of such Owner’s Unit. Each Owner, tenant, or Contract Purchaser shall also notify the Board of the Association of the names of all members of his or her household to whom such Owner, tenant, or Contract Purchaser has delegated any rights of enjoyment in the Project as provided herein and the relationship which each such person bears to such Owner, tenant, or Contract Purchaser. Any rights of enjoyment delegated pursuant to this Section 2.4 are subject to suspension to the same extent that rights of Owners are subject to suspension as provided in the Governing Documents.

2.5 Common Area Construction: Except as may be authorized by the Board, no person or entity, other than the Association or its duly-authorized agents, shall construct, reconstruct, refinish, alter, or maintain any improvement upon the Common Area, or shall make or create any excavation or fill upon the Common Area, or shall change the natural or existing drainage of the Common Area, or shall plant, remove, or destroy any seed, plant material, tree, shrub, or other vegetation upon the Common Area.

2.6 Mechanic’s Liens: In the event there shall be filed against the Common Area a Notice of Mechanic’s Lien for, or purporting to be for, labor or materials alleged to have been furnished or delivered for any Owner within the Project or his or her Condominium, such Owner shall forthwith cause such lien to be discharged by payment, bond, or otherwise. If the Owner fails to cause the lien to be discharged, the Board may send written notice to the Owner specifying that unless the Owner causes the lien to be discharged within five (5) days from the date of such notice, the Board may cause the lien to be discharged. Within such five (5) day period, the Owner shall be permitted a hearing before the Board regarding the validity of such lien and any offsets or defenses thereto. At that time, the Board shall determine whether the lien adversely and improperly affects and encumbers the rights and interests of the Association or the other Owners. If the Board of Directors determines that the lien does adversely and improperly affect and encumber such rights and interests and that adequate protection of such rights and interests has not been provided, the Board may cause the lien to be discharged by payment, bond, or otherwise. The Board shall have the right to levy a Reimbursement Assessment against the Owner responsible for causing the lien to be discharged in an amount equal to all amounts paid by the Association together with interest thereon at the legal rate and all costs and expenses paid or incurred in connection therewith, including reasonable attorneys’ fees.

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ARTICLE 4: USE RESTRICTIONS

4.1 Residential Use: Except as provided in Section 4.3, Units shall be occupied and used for residential purposes only. No Unit may be permanently occupied by more than two (2) persons per bedroom in the Unit, plus one (1) additional person.

4.2 Rental of Units: Subject to the provisions of the Governing Documents and this Section 4.2, an Owner shall have the right to lease his or her Unit, provided (i) the Owner, within ten (10) days of leasing or renting the Unit, notifies the Board (in care of the Association’s office) of the name and phone numbers of the tenants and members of the tenants’ household (including children), (ii) the Owner, within ten (10) days of the rental, provides the Board (in care of the Association’s office) with a copy of the signed lease, and (iii) there is a written lease or rental agreement for a term of at least six (6) months which expressly provides that the agreement is subject to the provisions of the Governing Documents and that the breach of any provision of the Governing Documents shall constitute a default under the lease. Owners are encouraged to thoroughly screen prospective tenants before entering into leases and rental agreements. No Owner may lease less than the entire Condominium, and no assigned parking space (i.e., carport) or storage space may be rented, leased or hired to anyone who does not have the right of possession or occupancy of the entirety of the Condominium. The foregoing shall not prohibit an Owner from having roommates, provided the number of permanent occupants does not exceed the limitations set forth in Section 4.1 above.

  • (a) Short-Term Rentals: No Owner shall be permitted to lease his or her Unit for transient or hotel purposes, which shall include, but is not limited to, rental for any period of less than thirty (30) days or any rental where the occupants of a Unit are provided customary hotel services such as room service for food and beverage, maid service, periodic furnishing of clean bed linen or towels, laundry service, and bellboy services.

  • (b) Owner’s Responsibility for Actions of Tenants and Occupants: Each Owner leasing or renting a Unit shall be strictly responsible and liable to the Association for the actions of his or her tenants and the Unit’s occupants in or about all Units and Common Area, and for each tenant’s and occupant’s compliance with the provisions of all Association Governing Documents. Each Owner leasing or renting a Unit shall further be responsible for all Reimbursement Assessments, fines and monetary penalties assessed on account of the actions or omissions of the tenants or occupants of his or her Unit. An Owner leasing or renting a Unit shall provide the tenant(s) with copies of the Governing Documents and all subsequent amendments.

  • (c) Association’s Enforcement Rights: In the event a tenant’s conduct involves damage or misuse of any Common Area or facilities on any Common Area or constitutes an unreasonable nuisance to Residents, the Association shall be entitled to, but shall have no obligation to, maintain an eviction action against such tenant to the same extent as the Owner of the Unit, the Association being deemed to be a third party beneficiary of any lease or rental agreement involving any Unit within the Project. The Association’s right to maintain an eviction action shall arise only in the event that (i) the Association has given notice to the Owner detailing the nature of the infraction and the Owner has had a reasonable opportunity to take corrective action or to appear before the Board to present arguments as to why eviction by the Association is not necessary, and (ii) the Owner has not taken action to prevent and/or correct the actions of the tenant giving rise to the damage or nuisance.

  • (d) Indemnification of Association: Every Owner of a Unit that is occupied by persons other than the Owner pursuant to a lease or otherwise, agrees to and shall indemnify and defend the Association, its officers, directors, and agents and shall hold them harmless from any cost, loss, claim, or damages of any kind, including but not limited to attorneys’ fees arising out of the conduct or presence of the occupants of the Unit upon the Project, including any such arising or alleged to have arisen out of the enforcement or nonenforcement by the Association of the Governing Documents against such occupants. Without limiting the generality of the foregoing, all costs, including attorneys’ fees incurred by the Association to enforce the Governing Documents against such occupants, including eviction as provided herein, shall be reimbursed to the Association by the Owner and may be assessed by the Association as a Reimbursement Assessment.

4.3 Restriction on Businesses: No business of any kind shall be established, maintained, operated, permitted, or conducted within the Project except (i) such professional and administrative professions as may be specifically permitted by applicable governmental ordinances and provided that there shall be no external evidence thereof, and (ii) care facilities to the extent specifically authorized by statute, including family day care centers and community care facilities as provided in Sections 4.4 and 4.5, respectively.

4.4 Family Day Care Centers: No family day care center for children shall be permitted within the Project except as specifically authorized by California Health and Safety Code section 1597.40 and other applicable state statutes. The owner/operator of any permitted day care facility shall provide the Association with prior written notice as to its operation, and comply with all local and state laws regarding the licensing and operation of a day care center and, in addition, shall:

  • (a) Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the day care center, as provided under Health and Safety Code section 1597.531. This Section 4.5(a) is intended to be and shall be conclusively deemed to be the written notice to the operator or owner from the Association as specified in Health and Safety Code Section 1597.231;

  • (b) Defend, indemnify and hold the Association harmless from any claim, demand, loss, liability action or cause of action arising out of the existence and operation of the day care center;

  • (c) Abide by and comply with all of the Association’s Rules;

  • (d) Supervise and be completely responsible at all times for children for whom day care services are provided while they are within the Project; and

  • (e) Cooperate with the Association if the Association’s insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of the center to these conditions, or other reasonable requests.

4.5 Community Care Facilities: Except for residential facilities defined as community care facilities under Health and Safety Code section 1502, serving six (6) or fewer persons, no health care facilities operating as a business or charity and serving the sick, elderly, disabled, handicapped, or retarded shall be permitted in the Project. The owner/operator of any such community care facility shall comply with all local and state laws regarding the licensing and operating of such a community care facility, and, in addition, to the extent permitted by applicable laws, shall:

  • (a) Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of such a community care facility;

  • (b) Defend, indemnify and hold the Association harmless from any claim, demand, loss, liability action or cause of action arising out of the existence and operation of such a community care facility;

  • (c) Abide by and comply with all of the Association’s Rules as applied to Units in the Project in a general manner;

  • (d) Supervise and be completely responsible for occupants of such a residential facility at all times while they are within the Project; and

  • (e) Cooperate with the Association if the Association’s insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of such a community care facility to these conditions, or other reasonable requests.

4.6 Offensive Conduct, Nuisances, Noise: No noxious, harmful, or offensive activities shall be conducted upon or within any part of the Project, nor shall anything be done thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to any Residents of the Project, or which shall in any way interfere with their use of the Common Area and facilities thereon or the use and enjoyment of their Condominiums or Units. Without limiting any of the foregoing, no Resident shall permit noise, including but not limited to the barking of dogs, to emanate from the Resident’s Unit, which would unreasonably disturb another Resident’s enjoyment of his or her Unit or of the Common Area.

4.7 Use of the Common Area: All use of Common Area is subject to the Governing Documents. Without limiting the generality of the foregoing, no alterations or additions to the Common Area shall be permitted without the prior written approval of the Board; nothing shall be altered, constructed, placed, kept, stored, parked, planted on, or removed from the Common Area without the prior written consent of the Board; and the Common Area shall be kept free of rubbish, debris, and other unsightly or unsanitary materials. Each Owner shall avoid causing any damage to the Common Area.

4.8 Hazards: There shall be no obstruction of any part of the Common Area. Nothing shall be done, placed, or kept within the Project that will increase the rate of insurance or result in the cancellation of insurance under any insurance policy obtained by the Association, or which will be in violation of any governmental statute, ordinance, rule, or regulation. Nothing shall be stored in the Common Area without the prior consent of the Board. Each Owner and Resident shall comply with all requirements of all federal, state, and local governmental authorities and all laws, ordinances, rules, and regulations applicable to his or her Unit.

4.9 Sports Apparatus: No basketball standards (including so-called portable basketball standards) or fixed or portable sports apparatus shall be placed upon or attached to any portion of the Project without the written permission of the Board or Architectural Committee.

4.10 Mailboxes and Exterior Newspaper Tubes: Mailboxes shall comply with all applicable postal regulations, and Architectural Rules, if any. There shall be no individually-owned free-standing exterior mailboxes or newspaper tubes.

4.11 Outside Drying and Laundering: No outside clothesline or other outside clothes washing, drying, or airing facilities shall be maintained in the Project.

4.12 Antennas and Satellite Dishes: No outside mast, tower, pole, antenna, or satellite dish shall be erected, constructed, or maintained on the Common Area including the outside of any Unit, except (i) those erected, constructed, or maintained by the Association, (ii) those expressly approved by the Board or the Architectural Committee, (iii) those initially installed during the construction of the buildings, or (iv) those antennas or satellite dishes which, by law, cannot be prohibited. The Board may adopt Rules regarding the installation and maintenance of antennas and satellite dishes.

4.13 Animals:

  • (a) Limitation on Pets: No dogs, cats, birds, reptiles, snakes, or other animals of any kind shall be kept, maintained, or bred for commercial purposes in any Unit or within the Project. The total number of all pets kept in any Unit is limited to one (1) dog or two (2) cats. Notwithstanding the foregoing limitation on the total number of pets, (i) unlimited numbers of fish and other marine life may be kept in an aquarium in a Unit, subject to the Association Rules, if any, and (ii) unlimited numbers of caged birds may be kept in a Unit, subject to the Association Rules, if any, and applicable governmental regulations. Dogs shall not exceed fifteen (15) inches in height at the shoulder, standing on four (4) legs.

  • (b) Notices and Licenses: Written notice shall immediately be given to the Board (in care of the Association office) when a pet is brought in to live in the Project, giving a description of the pet, the type and breed of the animal, and the name of the animal. Upon request, proof of a current license for the pet shall be provided to the Board (in care of the Association office).

  • (c) Pets in the Common Area: While in Common Areas each dog must be (i) restrained on a leash held by a responsible person capable of controlling it, or (ii) carried by a responsible person capable of controlling it, or (iii) maintained wholly within a secure pet carrier. No animal shall be caged or housed on Common Area (including Exclusive Use Common Area), or chained to trees or any structures or devices on any lawns within the Common Area.

  • (d) Owner’s Responsibility for Pets: The owner of each pet shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Project by such pet. Each Owner, Resident, and any person bringing or keeping an animal within the Project shall be absolutely liable to the Association and all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon the Project by such person or by members of his or her family, tenants, guests, or invitees. The Owner shall indemnify the Association and its officers, directors, and agents against any and all claims, damages, losses, demands, liabilities, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the presence or conduct of any animal brought upon or kept within the Project by the Owner, members of his or her family, guests, tenants, or invitees.

  • (e) Board Authority; Pet Rules: The Board shall have the right to prohibit the keeping of, and cause the removal from the Project of, any animal which constitutes, in the sole and exclusive opinion of the Board, a nuisance to any person, property, or other animal. The Board may adopt and enforce Pet Rules in addition to the provisions of this Section 4.13.

4.14 Trash Disposal: Trash, garbage, accumulated waste plant material, or other waste and refuse shall be deposited only in covered sanitary containers located in designated central pick-up points in the Project. No Owner or Resident shall permit or cause any garbage, trash, or other waste or refuse to be kept upon any portion of the Project, except in such containers at such central pick-up points. The Association shall be responsible for the removal of such trash from the central pick-up points.

4.15 Construction Materials, Construction Debris: No portion of the Project shall be used for the storage of building materials other than in connection with approved construction. All construction debris shall be picked up and deposited daily in an appropriate container.

4.16 Signs: No sign of any kind shall be displayed to the public view from any portion of the Project except that this limitation shall not apply to:

  • (a) Signs required by legal proceedings;

  • (b) Signs which by law cannot be prohibited;

  • (c) A single sign of customary and reasonable dimension and design, complying with the provisions of any applicable ordinance and Architectural Rules, and reasonably located on a Unit advertising a Unit for sale or rent;

  • (d) A single identification sign which has been approved by the Architectural Committee or Board located on a Unit identifying the number or address of the Unit and/or the names of the occupants;

  • (e) Signs approved by the Association located at or near any entrance to the Project identifying the Project;

  • (f) Signs required for traffic control and regulation of streets or open areas within the Project; and

  • (g) Signs on the Common Area as approved by the Board for a purpose reasonably related to the affairs of the Association.

4.17 Vehicles and Parking:

  • (a) Vehicles of Residents shall not be parked anywhere in the Project except wholly within an assigned covered parking space (i.e. “carport”) or in an unassigned Common Area parking space. No trailer, camper, mobile home, recreational vehicle, boat, or similar equipment or any commercial vehicle or truck other than a standard size pickup truck shall be parked, kept, stored, or permitted to remain upon any area within the Project, other than temporarily or as permitted by the Rules. No dilapidated, inoperable, unregistered, or abandoned vehicle shall be parked, kept, stored, or permitted to remain upon any areas within the Project.

  • (b) The term “commercial vehicles” shall not include sedans or standard size pickup trucks which are used for both business and personal uses, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board.

  • (c) The term “recreational vehicle” shall not include any standard sized vehicle which may have undergone minor alterations to make it suitable for recreational purposes provided such vehicle is also used for purposes of daily transportation.

  • (d) The term “temporary parking” or “parked temporarily” shall mean parking of vehicles such as delivery trucks, service vehicles, and other commercial vehicles being used in the furnishing of services to Residents, and parking of vehicles belonging to or being used by Residents or their guests for loading or unloading purposes. “Temporary parking” does not include repeated or consecutive overnight parking.

  • (e) Determinations concerning standard size, whether alterations are minor, what constitutes daily use, and whether signs or markings are unobtrusive and inoffensive shall be made by the Board in its sole discretion.

  • (f) No unreasonably noisy and no smoky vehicles shall be operated within the Project. No off-road or unregistered motor vehicles shall be operated within the Project.

  • (g) No overhaul, repair, or maintenance work on any motor vehicle, boat, trailer, or other vehicle shall be permitted upon any portion of the Project, except for emergency repairs thereto and then only to the extent necessary to enable movement thereof to a proper repair facility.

  • (h) Parking in unassigned Common Area parking spaces shall be on a “first come, first served” basis.

  • (i) Residents and guests are prohibited from parking in any manner which blocks or otherwise impedes access to carports, parking spaces, driveways, streets, fire lanes, alleys, or walks.

4.18 Parking Enforcement: In addition to the provisions of Section 4.17 above, the Board shall have the power and authority to adopt, promulgate, and enforce parking rules and shall have the power to impose fines and other sanctions for violations of provisions of the Governing Documents relating to vehicles and parking. Such power shall include the power and authority to cause the towing, at the vehicle owner’s expense, of vehicles which are parked within the Project in violation of any of the provisions of the Governing Documents, provided that towing of vehicles of guests and other non-Residents of the Project shall be subject to the provisions of applicable law. Costs incurred by the Association relating to the towing and/or storage of any vehicle parked in violation of any provision of the Governing Documents shall be assessed as a Reimbursement Assessment against the Condominium Owner responsible or whose household members, tenants, Contract Purchasers, or guests are responsible for the presence of such vehicle.

4.19 Assigned Covered Parking Spaces (i.e. Carports):

  • (a) Each Owner and Resident shall keep his or her assigned covered parking space (i.e. carport) in a neat, orderly, sanitary, and safe condition.

  • (b) Owners and Residents are expressly prohibited from storing anything other than a motor vehicle and personal property completely within a built-in storage locker in assigned covered parking spaces (i.e., carports).

  • (c) No vehicle shall be parked in any carport or assigned parking space so that any portion of the vehicle blocks or otherwise impedes access to driveways, streets, fire lanes, alleys, walks, or other carports or parking spaces.

  • (d) No carport may be used as a residence or for residential purposes, either temporarily or permanently, or converted for living or recreational purposes.

  • (e) As to any carport with a garage door and/or side door, the Owner shall be responsible for the Maintenance (including painting), Repair, and Replacement of the garage door and side door. The Owner shall also be responsible for Maintenance, Repair, and Replacement for Maintenance, Repair, and Replacement of items or components located in carports as set forth in Section 8.1.2. Installation of new or replacement garage doors and side doors must be approved in advance by the Architectural Committee or the Board in accordance with the architectural control provisions found at Article 9. Garage doors and side doors must be metal, must be painted to match the exterior surfaces of the carport, and must comply with the Architectural Rules.

  • (f) Owners must promptly notify the Board (in care of the Association office) of any damage or leaks occurring in the carport area.

4.20 Window Coverings: Drapes, curtains, window shades, blinds, shutters, and other window coverings which are installed in the windows of any Unit shall be (i) beige, white, off-white, or natural wood or lined in beige, white, or off-white, or (ii) of colors, materials, and patterns which have been approved by the Board or the Architectural Committee, or otherwise comply with any Rules adopted by the Board. In no event shall bed sheets, foil, cardboard, contact paper, or mylar be placed in windows.

4.21 Outside Barbeque Fires: There shall be no exterior fires anywhere within the Project except for barbeque fires contained within receptacles designed for that purpose and located in areas designated by the Board or the Rules. Barbeques and other exterior fires are expressly prohibited on balconies and in assigned covered parking spaces (i.e., carports).

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ARTICLE 5: HOMEOWNERS ASSOCIATION

5.1 Management and Operation: The Association shall manage and operate the Project in accordance with the applicable provisions of the Governing Documents and the applicable provisions of California law. The Association shall have all of the powers set forth in the Governing Documents together with general power to do any and all things that a nonprofit mutual benefit corporation may lawfully do under the laws of the State of California, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Governing Documents.

5.2 Membership: Every Owner of a Condominium within the Project shall be a Member of the Association and shall remain a Member thereof until such time as his or her Condominium ownership ceases for any reason. Membership shall be appurtenant to and may not be separated from ownership of a Condominium and shall not be transferred, encumbered, pledged, alienated, or otherwise hypothecated in any way, except in connection with the sale or encumbrance of the Condominium to which it is appurtenant.

5.3 Voting: Only Members in Good Standing shall be entitled to vote, and only one vote shall be cast for each Condominium, as more particularly set forth in the Bylaws.

5.4 Board of Directors: The affairs of the Association shall be managed by or under the direction of a Board of Directors. The number and qualifications of Directors shall be as established in the Bylaws, and the members of the Board shall be elected as provided in the Bylaws. The Board of Directors shall have all of the powers and duties set forth in any provision of the Governing Documents, including without limitation such powers and duties as may be expressly set forth in this Declaration.

5.5 Association Rules: The Board of Directors shall have the power and the authority to establish, promulgate, amend, repeal, and enforce such Rules as the Board deems necessary for the management and operation of the Project and the conduct of business and affairs of the Association. Such Rules may concern, but need not be limited to, matters pertaining to use of the Common Area, including Exclusive Use Common Area; pets; signs; collection and disposal of refuse; minimum standards for maintenance of property; use of recreation facilities; parking and traffic regulations; rental or leasing of Units within the Project; antennas and satellite dishes; barbeques and other outside fires; and any other subject matter within the jurisdiction of the Association as provided in the Governing Documents or by law.

5.6 Manager and Other Personnel: The Board of Directors shall have the power and authority to employ a manager and such other persons or entities as the Board shall deem appropriate to assist it in managing the Project and conducting the business and affairs of the Association, as more particularly set forth in the Bylaws; however, the Board shall not delegate to any manager its authority to levy Enforcement Assessments, hold hearings, or impose discipline.

5.7 Assessments: The Board shall have the power and duty to levy and collect Assessments, as more particularly set forth in Article 6 of this Amended Declaration.

5.8 Insurance: The Board shall procure and maintain liability insurance and property insurance as it shall deem proper and as required in the Bylaws.

5.9 Acquisition of Property: The Board acting on behalf of the Association shall have the power to acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, and maintain real or personal property in connection with the affairs of the Association.

5.10 Capital Improvements: The Board of Directors shall have the power and authority to provide for the construction, reconstruction, installation, or acquisition of Capital Improvements upon the Common Area, provided that in any fiscal year expenditures for Capital Improvements shall not exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year except upon the approval of an Absolute Majority (that is a majority of the Total Voting Power).

5.11 Sale, Transfer or Dedication of Association Property: The Board of Directors shall not in any fiscal year sell, transfer, or dedicate property owned by the Association having a value in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without approval of an Absolute Majority (that is a majority of the Total Voting Power).

5.12 Easements and Licenses to Owners: Upon approval of an Absolute Majority (that is a majority of the Total Voting Power), the Board shall have the power to grant and convey easements, licenses for use, and rights of way in, over, or under the Common Area or any portion thereof to Unit Owners, for such purposes as the Board deems to be appropriate and not inconsistent with the purposes and interests of the Association.

5.13 Mortgage of Association Real Property: Upon approval of an Absolute Majority (that is a majority of the Total Voting Power), the Board acting on behalf of the Association shall have the power and the authority to mortgage, pledge, encumber, or otherwise hypothecate the Common Area and facilities thereon as security for money borrowed by the Association.

5.14 Access: The Board and its duly authorized agents or representatives shall have the right, after reasonable notice to the Owner thereof, to enter any Unit for the purpose of inspecting the Unit, performing the maintenance authorized or required herein, or for any other purpose reasonably related to the performance by the Association or the Board of their responsibilities.

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ARTICLE 6: ASSESSMENTS AND LIENS

6.1 Covenant of Owner: Each Owner of a Condominium within the Project, by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or conveyance, shall be deemed to have covenanted and agreed to pay to the Association: (i) Annual Assessments, (ii) Special Assessments, (iii) Reimbursement Assessments, and (iv) Enforcement Assessments levied by the Association as hereinafter provided, together with all Additional Charges. Such deed or conveyance shall be deemed to vest in the Association the right and power to initiate all actions and procedures as the Board shall deem necessary or appropriate for the collection of such Assessments and Additional Charges and for the enforcement of the liens hereinafter provided for. Each Assessment levied by the Association under this Article 6, together with all Additional Charges, shall be a separate, distinct, and personal debt and obligation of the Owner against whom it is assessed, and shall bind his or her heirs, devisees, personal representatives, successors, and assigns. Such obligation to pay Assessments and Additional Charges and the right and power of the Association to initiate all actions and procedures for collection shall run with the land, so that each successive Owner or Owners of record of any Condominium within the Project shall, in turn, become liable to pay all such Assessments and Additional Charges assessed during the time he or she is record Owner of such Condominium. After an Owner transfers of record any Condominium he or she owns, he or she shall not be liable for any Assessments levied thereafter with respect to such Condominium. Such Owner shall remain personally liable, however, for all unpaid amounts due and owing at the time of transfer, together with Additional Charges accruing until time of collection. A Contract Seller of any Condominium shall continue to be liable for all Assessments and Additional Charges until a conveyance by deed of such Condominium is recorded in the Recorder’s Office of the County.

6.2 Creation of Lien: Each Assessment levied by the Association pursuant to this Declaration, together with all Additional Charges, shall be a charge upon the land and upon levy shall be secured by a continuing lien upon the property against which such Assessment is levied. The Association shall have a separate lien and a separate lien is hereby created upon each Condominium to secure the payment of any such Assessments and Additional Charges as may be levied under this Declaration. The lien provided for herein shall continue to secure all Assessments and Additional Charges levied upon any Condominium notwithstanding the transfer of record title to such Condominium, and any such transfer shall be subject to the Association’s lien, provided that, prior to such transfer, a Notice of Delinquent Assessment has been recorded as provided in the Declaration and by law. The priority of all such liens on each Condominium shall be in inverse order so that upon the foreclosure of the lien for any particular charge on any Condominium, any sale of such Condominium pursuant to foreclosure of the lien will be made subject to all liens securing the respective monthly Assessments and Additional Charges on such Condominium for succeeding months.

6.3 Annual Assessments: The Assessments levied by the Board shall be used exclusively to pay for the costs of management and operation of the Project, of conducting the business and affairs of the Association, to promote the recreation, health, safety, welfare, benefit, and interests of the Owners and Residents in the Project, and for the improvement and maintenance of the Common Area and, to the extent provided for in the Governing Documents or by law, of the Units situated within the Project or which, in the opinion of the Board, shall be deemed to be necessary or proper for the management of the Project or of the affairs of the Association, or the benefit of the Condominium Owners, or for the enforcement of the Governing Documents.

6.4 Authority of the Board: The Board shall have the power and the duty to levy Annual and special Assessments sufficient to meet the Association’s obligations under the Governing Documents and applicable law.

6.5 Annual Assessments:

  • 6.5.1 Calculation of Estimated Requirement: Not later than forty-five (45) days prior to the beginning of each fiscal year, the Board shall complete and distribute to all Owners an estimate of the net funds required by the Association for such fiscal year, including a reasonable amount allocated to contingencies and to a reserve fund for restoration, repair, and/or replacement of those components for which the Association is responsible and which must be repaired or replaced on a periodic basis; to manage, administer, operate, and maintain the Project; to conduct the affairs of the Association; and to perform all of the Association’s duties in accordance with this Declaration.

  • 6.5.2 Allocation of Annual Assessment: The Board shall allocate and assess the amount of estimated required funds equally among the Condominiums by dividing the amount by the number of Condominiums within the Project. Unless the Board shall designate otherwise, Annual Assessments shall be levied on an annual basis and shall be paid in twelve (12) equal monthly installments during the fiscal year, and each installment shall be due and payable on the first day of each month.

  • 6.5.3 Surplus Funds: If, as of the end of any fiscal year, there is an excess of membership income over membership expenses as defined in Internal Revenue Code section 277 for the year ended, such excess shall be applied against the subsequent tax year’s member assessments as provided in Internal Revenue Service Revenue Ruling 70-604, unless some other lawful disposition of such excess income is determined by the vote of the Members.

  • 6.5.4 Increases in Annual Assessment: Except as otherwise provided by law, the Board shall not increase the Annual Assessment for any fiscal year above the amount of the Annual Assessment for the preceding fiscal year by more than the maximum amount permitted by law, except upon the affirmative vote or written consent of a majority of Members voting on any such increase in the Annual Assessment, provided that a quorum is established. For purposes of the preceding sentence, a quorum shall mean more than fifty percent (50%) of the Members of the Association, notwithstanding any lower quorum requirement which may be set forth in the Bylaws.

6.6 Special Assessments:

  • 6.6.1 Purpose of Special Assessments: If at any time during any fiscal year the Annual Assessment proves inadequate for any reason, including nonpayment of any Owner’s share thereof or the unexpected repair, replacement, or reconstruction of improvements located in the Project, or if funds are otherwise required for any authorized activity of the Association, the Board may levy a Special Assessment in the amount of such actual or estimated inadequacy or cost.

  • 6.6.2 Allocation of Special Assessments: Special Assessments shall be allocated and assessed among the Condominiums in the same manner as Annual Assessments.

  • 6.6.3 Approval of Special Assessments: Except in the case of an emergency situation as defined in Civil Code section 1366, in any fiscal year the Board may not levy Special Assessments which, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, except upon the affirmative vote or written consent of a majority of the Members voting on any such Special Assessment, provided that a quorum is established. For purposes of the preceding sentence, a quorum shall mean more than fifty percent (50%) of the Members of the Association, notwithstanding any lower quorum requirement which may be set forth in the Bylaws.

6.7 Reimbursement Assessments: The Association shall levy a Reimbursement Assessment against any Owner and his or her Condominium if a failure by such Owner, or any person or pet for whom the Owner is responsible (for example, tenants or members of the tenant’s household), to comply with any provision of the Governing Documents has necessitated or resulted in an expenditure of funds by the Association to deal with such lack of compliance or to bring such Owner or his Condominium into compliance. A Reimbursement Assessment shall include any costs, including attorneys’ fees, incurred by the Association, and including attorneys’ fees, incurred by the Association, including costs of collecting from an Owner any amount which the Owner is obligated to pay to the Association. A Reimbursement Assessment shall be due and payable to the Association when levied.

6.8 Enforcement Assessments: The Board may levy an Enforcement Assessment (and any fine imposed by the Board in accordance with the provisions of the Governing Documents shall be deemed to be such an Enforcement Assessment), for violation of any of the provisions of the Governing Documents by the Owner or any person or pet for whom the Owner is responsible (for example, tenants or members of the tenant’s household). Any Enforcement Assessment shall be due and payable to the Association when levied.

6.9 Failure to Fix Assessments: The failure or omission by the Board to fix or levy any Annual Assessment provided for by the terms of this Declaration before the expiration of any fiscal year, for that fiscal year or the next fiscal year, shall not be deemed either a waiver or a modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay Assessments or any installment thereof for that or any subsequent year, but the amount of the Annual Assessment fixed for the preceding fiscal year shall be the amount of the Annual Assessment for the ensuing fiscal year until a new Annual Assessment is levied.

6.10 Offsets: All Assessments levied by the Board shall be payable in the full amount specified, including any Additional Charges imposed as provided by the terms of this Declaration, and no offsets against any such amounts shall be permitted for any reason whatsoever, including without limitation a claim that the Association has failed to properly exercise its duties of maintenance or enforcement.

6.11 Delinquent Assessments: Any installment or other portion of an Assessment not paid within fifteen (15) days after its due date shall be delinquent and shall be subject to interest and late charges not to exceed the maximum rate permitted by law, as well as all other Additional Charges. The Board, on behalf of the Association, may enforce the payment of any delinquent Assessment plus Additional Charges by bringing an action at law against any Owner personally obligated to pay the same, or by foreclosing the lien against the Owner’s Condominium by judicial or non-judicial foreclosure, except as prohibited by law. Prior to recording a Notice of Delinquent Assessment, the Association shall provide notice to the Owner as required by Civil Code section 1367(a) or other applicable statute. The Notice of Delinquent Assessment shall be mailed in the manner set forth in Civil Code section 2924b to all record owners of the Unit no later than ten (10) days after recordation as required by Civil Code section 1367(b). No procedures shall be initiated to foreclose the lien securing any Assessment levied under this Article 6 until after the expiration of thirty (30) days following the recording of a lien pursuant to Civil Code section 1367(b) or other applicable statute. Except as prohibited by law, upon the recording of the Notice of Delinquent Assessment referred to above, the Association may, at its option, declare the entire balance of all sums then due or to become due from the Owner, immediately due and payable, which total sum may then be included in any suit, action, or other procedure initiated to collect said sums, including all Additional Charges.

6.12 Power of Sale: Each Owner does hereby appoint the Association as trustee to enforce and to foreclose any lien which is established pursuant to the terms of this Declaration, by private power of sale, as provided in Division III, Part 4, Title 14, Chapter 2, Article 1, of the Civil Code of the State of California, and does further grant to the Board of Directors, on behalf of the Association, the authority and power to sell the Condominium of such Owner in the event of any default in payment of any Assessments or Additional Charges levied against such Condominium, for lawful money of the United States, to the highest bidder, to satisfy said lien. The Association, as trustee for the remaining Owners, or any other Owner, may purchase the Condominium at said sale. The Board may commence any procedure for the collection of delinquent Assessments upon its own decision, and it must so proceed upon the written request therefor signed by any five (5) Owners. The remedies provided in this Declaration for collection of delinquent Assessments shall be cumulative and not exclusive.

6.13 Certificate of Satisfaction and Release of Lien: Upon payment in full of a delinquent Assessment, including any Additional Charges, or the satisfaction thereof, the Board shall cause to be recorded, in the same manner as the Notice of Delinquent Assessment, a further certificate stating the satisfaction thereof and the release of the lien.

6.14 Priority: Except as otherwise expressly provided by law, the lien securing each of the Assessments provided for under this Article 6 shall have priority as of the date of recording of the original Declaration applicable to the Project over all other liens and encumbrances applicable to the Condominiums; provided, however, that such Assessment lien shall be subordinate to the lien of any first Mortgage recorded against the Condominium; and provided, further, that such subordination shall apply only to the Assessments which have become due and payable prior to the sale of such property pursuant to a decree of foreclosure of any such Mortgage, or pursuant to a power of sale contained in any such Mortgage. Such foreclosure sale shall not relieve such property from liability for any Assessments and Additional Charges thereafter becoming due, nor from the lien of any subsequent Assessment.

6.15 Association Funds: Unless otherwise determined by the Board, the Association shall maintain at least two separate accounts in one or more banks or other depositories selected by the Board, which accounts shall be clearly designated CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION OPERATING ACCOUNT and CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION RESERVE ACCOUNT. The Assessments collected by the Association shall be properly deposited into such accounts. The Assessments collected by the Association shall be held in trust by the Association for and on behalf of each Owner and shall be used for the purposes set forth in Section 6.3. The Board shall allocate a portion of said funds as collected for the annual maintenance and operation of the Project and another portion of said funds as collected as reserves for contingencies, replacements, and deferred maintenance of the capital improvements of the Project, as specified in the annual budget. Upon sale or transfer of any Condominium by any Owner, the Owner’s interest in the funds held in trust by the Association shall terminate and shall be deemed automatically transferred to the successor-transferee of such Owner.

6.16 Waiver of Exemptions: Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Article 6, the benefit of any homestead or exemption laws of the State of California in effect at the time any Assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms of this Article 6.

6.17 Property Exempt from Assessments: The following property subject to this Declaration shall be exempt from the Assessments, Charges, and liens created herein:

  • (a) All property dedicated to and accepted by the City or County or other local public authority and devoted to public use;
  • (b) Any Condominium which is owned by the Association as a result of the Association having acquired such Condominium through foreclosure; provided, however, that such exemption shall be applicable only during the period in which the Association is record owner of such Condominium; and
  • (c) All Common Area.
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ARTICLE 7: DAMAGE OR DESTRUCTION OF BUILDINGS; CONDEMNATION

7.1 Damage to Single Unit: If the Project is damaged by fire or other casualty which it is insured against, and damage is limited to a single Unit, the insurance proceeds shall be paid to the Association, and the Association shall use the same to rebuild or repair such Unit. The Unit Owner shall be responsible for any applicable insurance deductible. In the event the insurance proceeds are insufficient to complete such work, the Unit Owner shall pay and advance such additional sums as may be necessary to complete such rebuilding and repair.

7.2 Damage to Two or More Units or Common Area: If such damage extends to two (2) or more Units or extends to any part of the Common Area, then and in that event:

  • (a) If the amount of available insurance proceeds is equal to at least eighty-five percent (85%) of the cost of repairing or rebuilding the damaged property to its original design and specifications, the insurance proceeds shall be paid to the Association, and the Board shall thereupon contract to repair or rebuild the damaged portions of the Project, including all Units, and the Common Area so damaged. The Owners of the damaged Units shall pay the applicable insurance deductible, if any. In the event the insurance proceeds are insufficient to pay all of the costs of repairing and/or rebuilding, the Board shall levy a Special Assessment against all Unit Owners pursuant to Section 6.6 hereof.

  • (b) In the event that the amount available from such insurance proceeds is less than eighty-five percent (85%) of the cost of repairing or rebuilding, then such insurance proceeds shall be paid to a bank, savings and loan association, or trust company designated by the Board. Said funds shall be held for the benefit of all Unit Owners and their Mortgagees, as their respective interests shall appear, pursuant to an insurance trust agreement consistent with the provisions of this Declaration, approved and executed by the Board. The Board shall obtain bids from responsible contractors to restore the Project, including all damaged Units and all damaged Common Area, to its condition immediately prior to such damage or destruction and shall, as soon as possible, call a special meeting of the Association Members and all first Mortgagees to consider and vote on such bids. An acceptable bid may be approved by a vote of not less than sixty percent (60%) of the Members attending such meeting. Alternatively, the Owners by vote of a majority of the Total Voting Power may elect to sell the Project.

In the event a bid is accepted, the Board shall levy a Special Assessment against all Unit Owners pursuant to Section 6.6 to make up the deficiency, if any, between the total insurance proceeds and the contract price for such repair or rebuilding. All insurance proceeds, including any subject to liens of Mortgagees, shall be used for such rebuilding or repair. If any bid shall be accepted to repair or rebuild, the Board may require the contractor to provide a completion bond naming the Association and each Owner as beneficiaries.

In the event all bids are rejected but a majority of the Total Voting Power has not voted to sell the Project, the Board shall recommend such alternative reconstruction of the damaged or destroyed improvements at a lesser cost as it deems reasonable or adequate, which alternatives shall be placed to bid and the bids presented for a vote of the Members and first Mortgagees in the manner described above. In the event that no such alternative is accepted by the Owners and first Mortgagees, the Board is hereby empowered, as the agent for all Owners, to sell the entire Project, including all Units and the Common Area in its then present condition, on terms satisfactory to the Board.

7.3 Sale of Entire Project: In the event of the sale of all Units and the Common Area, proceeds from such sale and insurance proceeds received by the Association on account of the destruction of the Common Area shall be distributed by the Association among the Owners and their respective Mortgagees according to the respective fair market values of the Units at the time of the destruction as determined by an independent appraisal. The members of the Board are hereby authorized to execute and deliver, in behalf of all of the Owners, any instruments necessary or required to effect such a sale or sales and each Owner shall be obligated to execute and deliver such instruments and to perform such acts as may be necessary to effect such sale or sales.

7.4 Condemnation of Common Area: If at any time all or any portion of any Common Area, or any interest therein, shall be taken for any public or quasi-public use, under any statute, by right of eminent domain, or by private purchase in lieu of eminent domain, the entire compensation or award in condemnation to the extent such award is not apportioned among the Owners by court judgment or by agreement between the condemning authority and each of the affected Owners in the Project, shall be paid to the Association and shall be used in the manner determined by the Board, provided that such use shall not be inconsistent with the purposes of the Association. The Association shall represent the interests of all Owners in any proceedings relating to such condemnation to the extent such Owners have an interest in the Common Area.

7.5 Appraisals: Where the provisions of this Article 7 require an independent appraisal of property, said appraisal shall be made by a qualified real estate appraiser with an M.A.I. certificate or the equivalent, which appraiser shall be selected by the Board.

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ARTICLE 8: MAINTENANCE OF PROPERTY

8.1 Association Responsibility:

  • 8.1.1 Common Area Maintenance: The Association shall provide Maintenance, Repair, and Replacement of the Common Area and all facilities, improvements, and landscaping thereon, including, without limitation, the following: (i) the clubhouse/community building, (ii) the Association office, (iii) alleys, private driveways and walks, (iv) utility facilities, including hot water heaters, but excluding those utility facilities which are maintained by public or private utility companies or agencies, and (v) all other real and/or personal property that may be acquired by the Association, keeping such property in good condition and good repair. The Association shall further be responsible for providing lighting, landscaping, gardening, and janitorial services for the Common Area, as needed, and shall cause any and all other acts to be done which may be necessary to assure the maintenance of the Common Area in good condition and repair, including painting of the exterior surfaces of the building(s) and such other portions of the Common Area as the Board, in its discretion, determines to be necessary.

    Notwithstanding the foregoing, the Association shall not be responsible for Maintenance, Repair, or Replacement of Exclusive Use Common Area and other portions of the Common Area to the extent the responsibility therefor is expressly assigned to one or more Owners in this Article 8 or otherwise.

  • 8.1.2 Maintenance of Units and Exclusive Use Common Area: Subject to the provisions of Article 8, including this Section 8.1.2, the Association shall be responsible for the Maintenance, Repair, and Replacement of only the following items within Units or constituting Exclusive Use Common Area: (i) hot water heaters located within Units, provided, however, that when any individual hot water heater in a building is replaced, all other individual hot water heaters in that building shall be replaced by the Association with a commercial hot water heater servicing the entire building, (ii) assigned covered parking spaces (i.e., “carports”), (iii) assigned storage spaces, and (iv) balconies appurtenant to and adjoining a Unit.

    Notwithstanding the foregoing, the Association shall not be responsible for Maintenance, Repair, or Replacement of any of the following located in assigned covered parking spaces (i.e., “carports”) or assigned storage areas, regardless of whether such items were installed by the Association, or an Owner or Resident: (i) entry or side doors or door frames, (ii) overhead garage doors and garage door frames, (iii) window frames and screens, (iv) exterior and interior (glass) window panes, (v) mechanical devices and hardware (including automatic garage doors and openers), (vi) equipment, utility facilities, fixtures and appliances, (vii) the finished surfaces of the interior walls, ceilings and floors, (viii) light bulbs and light fixtures, (ix) plumbing and electrical facilities, and (x) any other accessories located within the assigned covered parking spaces (i.e., “carports”) or assigned storage areas. Further, the Association shall not be responsible for the flooring of balconies, or any Owner or Resident-installed improvements to the Owner’s Unit or Exclusive Use Common Area appurtenant to such Unit.

8.2 Authority for Entry of Unit or Exclusive Use Common Area: The Association or its agents may enter any Unit or any portion of Exclusive Use Common Area which has been designated or assigned for the exclusive use of the Residents of a particular Unit, whenever such entry is necessary, in the Board’s sole discretion, in connection with the performance of any Maintenance, Repair, construction, or Replacement for which the Board is responsible or which it is authorized to perform. Such entry shall be made with as little inconvenience to the Residents as practicable and only upon reasonable advance written notice of not less than twenty-four (24) hours, except in emergency situations.

8.3 Association Liability: Except as specifically provided in Section 8.1.2, the Association shall not be responsible or liable for any Maintenance, Repair, or Replacement of a Unit or Exclusive Use Common Area or any improvement thereon, except to the extent that the need for such Maintenance, Repair, or Replacement results from the negligence or fault of the Association, its employees, contractors, or agents.

8.4 Owner Responsibility:

  • 8.4.1 Maintenance of Units: Each Owner shall be responsible for providing Maintenance, Repair, and Replacement of his or her Unit or any portion thereof, including any equipment, utility facilities (except for individual hot water heaters), fixtures, and appliances located therein, and the finished surfaces of the interior walls, ceilings, and floors of the Unit, in a clean, sanitary, workable, and attractive condition, subject to the provisions of this Article 8. Each Owner shall also be responsible for the cleaning, Maintenance, Repair, and Replacement of all doors and door frames, windows and window frames, screens, and glass serving his or her Unit, both interior and exterior. Each Owner shall further be responsible for providing Maintenance, Repair, and Replacement of the internal installations, appliances, equipment, and other features exclusively servicing his or her Unit, even though located partly outside of such Unit, including, without limitation, (i) garbage disposals, (ii) hot water heaters, (iii) ranges, refrigerators, freezers, dishwashers, and other kitchen appliances, (iv) washing machines and dryers, (v) heating, ventilating and air conditioning units, condensers and equipment, (vi) light bulbs and light fixtures, (vii) plumbing facilities, showers, bathtubs, sinks, toilets, (viii) telephone facilities, (ix) smoke detectors, and (x) any other accessories within the boundaries of the Unit or exclusively servicing such Unit, even though located partly outside of the Unit. The Owner shall also be responsible for the Maintenance, Repair, and Replacement of any Owner or Resident installed improvements to the Unit.

    The provisions of this Subsection 8.4.1 shall not be construed to permit any interference with or damage to the structural integrity of any building.

  • 8.4.2 Exclusive Use Common Area: Each Owner shall be responsible for Maintenance, Repair or Replacement of any of the following located in or on assigned covered parking spaces (i.e., “carports”) or assigned storage areas, regardless of whether such items were installed by the Association, or an Owner or Resident: (i) entry doors, overhead garage doors, and door frames, (ii) window frames and screens, (iii) exterior and interior (glass) window panes, (iv) mechanical devices and hardware (including automatic garage doors and openers), (v) equipment, utility facilities, fixtures and appliances, (vi) the finished surfaces of the interior walls, ceilings and floors, (vii) light bulbs and light fixtures, (viii) plumbing and electrical facilities, and (ix) any other accessories located within the assigned covered parking spaces (i.e., “carports”) or assigned storage areas. The Owner shall be completely responsible for the flooring of the balcony appurtenant to his or her Unit. The Owner shall also be responsible for the Maintenance, Repair, and Replacement of (i) any Owner or Resident installed improvements to any Exclusive Use Common Area appurtenant to the Owner’s Unit, (ii) the air conditioner serving his or her Unit but located outside the boundaries of the Unit, and (iii) any other Exclusive Use Common Area assigned to such Owner except to the extent the responsibility therefor has been specifically assigned to the Association.

8.5 Interior Decorations: Each Owner shall have complete discretion as to furniture, furnishings, and interior decorating of the interior of his or her Unit and shall have the exclusive right to paint, plaster, panel, tile, wax, paper, or otherwise refinish and decorate the interior surfaces of the walls, ceilings, floors, and doors bounding his or her Unit, and to substitute new finished surfaces for the finished surfaces existing on said walls, ceilings, floors, and doors, including, without limiting the generality of the foregoing, substitution of paint for paper or paper for paint, substitution of any type of panel for plaster or plaster for paneling, substitution of tile for paneling or paneling for tile, or substitution of wood for linoleum or tile or of linoleum or tile for wood; provided that no Owner shall do anything in or about his or her Unit that will affect the structural integrity of the building in which it is located.

8.6 Board Discretion: The Board shall have the absolute discretion to determine whether any Maintenance, Repair, or Replacement, which is the responsibility of an Owner, is necessary to preserve the appearance and value of the property within the Project or any portion thereof and may notify an Owner of the work the Board deems necessary. In the event an Owner fails to perform such work within sixty (60) days after notification by the Board to the Owner, the Board may, after written notice to the Owner, and the right of a hearing before the Board, cause such work to be done and charge the cost thereof to the Owner as a Reimbursement Assessment.

8.7 Owner Liability: In the event the need for any Maintenance, Repair, or Replacement is caused by the willful or negligent act or omission of an Owner or an Owner’s family, tenants, Contract Purchaser, guests, invitees, or household pets, the cost of such Maintenance, Repair, or Replacement, including the cost of materials, labor, supplies, and services shall be charged to, and paid by, such Owner in the form of a Reimbursement Assessment.

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ARTICLE 9: ARCHITECTURAL COMMITTEE

9.1 Submission of Plans and Specifications: Except for improvements made or constructed by or on behalf of the Association, no building, fence, wall, obstruction, balcony, screen, tent, awning, pole, standard, banner, flag (except for the American flag in compliance with California Government Code section 434.5) carport cover, exterior or entry door, garage door, improvement or other structure of any kind or any landscaping shall be commenced, erected, painted, or maintained within the Project, nor shall any exterior addition to or change or alteration therein be made, until the plans and specifications showing the nature, kind, shape, color, height, size, materials, and location of the same shall have been submitted to and approved in writing by the Board or if in existence, the Architectural Committee, as to quality of workmanship and design, harmony of external design and location in relation to surrounding structures, topography and finished grade elevation.

9.2 Establishment: The Board may appoint an Architectural Committee consisting of three (3) Members of the Association at least one of whom shall be a Director. The Board may also appoint one (1) alternate Committee member who may be designated by the Committee to act as substitute on the Committee in the event of absence or disability of any Committee member. In the event of death or resignation of any member of the Committee, the Board shall have the full authority to designate a successor. If at any time there shall not be a duly-constituted Architectural Committee, the Board shall exercise the functions of the Architectural Committee in accordance with the terms of this Article 9.

9.3 Duties: It shall be the duty of the Architectural Committee to consider and act upon proposals or plans submitted to it pursuant to the terms of this Article 9 to perform other duties delegated to it by the Board, and to carry out all other duties imposed upon it by this Declaration.

9.4 Meetings: The Architectural Committee shall meet as necessary to properly perform its duties hereunder. The vote or written consent of a majority of the members shall constitute an act by the Committee. The Committee shall keep and maintain a record of all actions taken by it at such meetings or otherwise. The Architectural Committee and its members shall be entitled to reimbursement for reasonable out-of-pocket expenses incurred by them in the performance of any Architectural Committee function.

9.5 Rules: The Architectural Committee may, from time to time, recommend for adoption by the Board, rules and regulations to be known as “Architectural Rules.” Said Rules shall interpret and implement the provisions of this Article 9 hereof by setting forth the standards and procedures for Architectural Committee review and guidelines for architectural design, placement of buildings and other structures, and landscaping, color schemes, exterior finishes and materials, and similar features which are recommended for use in the Project; provided, however, that said Architectural Rules shall not be in derogation of the minimum standards required by this Declaration.

9.6 Application: Any Owner proposing to perform any work of any kind whatever, which requires prior approval pursuant to this Article 9, shall apply for approval by notifying the Association, in writing, of the nature of the proposed work and furnishing such information and documentation as the Committee or Board may require.

9.7 Grant of Approval: The Architectural Committee shall grant the requested approval only if:

  • (a) The Owner shall have complied with the provisions of Section 9.1 above;
  • (b) The Committee shall find that the plans and specifications conform to this Declaration and to the Architectural Rules in effect at the time such plans were submitted to the Committee; and
  • (c) The Committee shall determine that the proposed improvements would be consistent with the standards of the Project and the purposes of this Declaration as to quality of workmanship, design and materials, and as to harmony of exterior design with the existing structures.

9.8 Form of Approval: All approvals and rejections of requests for approval shall be in writing; provided, however, that any request for approval which has not been acted upon within forty-five (45) days from the date of submission thereof to the Architectural Committee shall be deemed approved.

9.9 Board Review: The Committee shall submit a copy of its findings and determinations to the Board, which may review and modify or overrule any decision of the Committee, upon its own initiative, or upon the written request of the Committee or of any Association Member, provided that any such request shall be presented to the Board within thirty (30) days after submission of the Committee’s findings and determinations to the Board.

9.10 Commencement: Upon receipt of approval pursuant to Sections 9.7 and 9.8 above, the Owner shall, as soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of all construction, reconstruction, refinishing, and alterations pursuant to said approval, said commencement to occur, in all cases within ninety (90) days from the date of such approval. If the Owner shall fail to comply with this paragraph, any approval previously given shall be deemed revoked unless the Board, upon written request of the Owner made prior to the expiration of the time for commencement, extends the time for such commencement. No such extension shall be granted except upon a finding by the Board that there has been no change in the circumstances upon which the original approval was granted.

9.11 Completion: The Owner shall, in any event, complete the construction, reconstruction, refinishing, or alteration of any such improvement within one (1) year after commencing construction thereof, except and for as long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or his agents. If an Owner fails to comply with this Section 9.11, the Architectural Committee shall notify the Board of such failure, and the Board shall proceed in accordance with the provisions of Section 9.12, below, as though the failure to complete the improvements was a non-compliance with approved plans.

9.12 Inspection: Inspection of work and correction of defects therein shall proceed as follows:

  • (a) Upon the completion of any construction, reconstruction, alteration, or refinishing of the exterior of any improvements, or upon the completion of any other work for which approved plans are required under this Article 9, the Owner shall give written notice thereof to the Architectural Committee.

  • (b) Within sixty (60) days thereafter, the Committee, or its duly authorized representative, may inspect such improvement to determine whether it was constructed, reconstructed, altered, or refinished to substantial compliance with the approved plans. If the Committee finds that such construction, reconstruction, alteration, or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such non-compliance within such sixty (60) day period, specifying particulars of non-compliance and shall require the Owner to remedy such non-compliance.

  • (c) If the Owner shall have failed to remedy such non-compliance upon the expiration of thirty (30) days from the date of such notification, the Committee shall notify the Board in writing of such failure. The Board shall then set a date on which a hearing before the Board shall be held regarding the alleged non-compliance. The hearing date shall be not more than thirty (30) nor less than fifteen (15) days after notice of the non-compliance is given to the Board by the Architectural Committee. Notice of the hearing date shall be given at least ten (10) days in advance thereof by the Board to the Owner, to the Architectural Committee and, in the discretion of the Board, to any other interested party.

  • (d) 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 non-compliance. After considering all such information, the Board shall determine whether there is a non-compliance, and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a non-compliance exists, the Board shall require the Owner to remedy or remove the same within a period of not more than forty-five (45) days from the date of the Board’s ruling. If the Owner does not comply with the Board’s ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board, at its option, may either remove the non-complying improvement or remedy the non-compliance and all expenses incurred in connection therewith shall be assessed against the Owner as a Reimbursement Assessment.

  • (e) If, for any reason, the Architectural Committee fails to notify the Owner of any non-compliance within sixty (60) days after receipt of a notice of completion from the Owner, the improvement shall be deemed to be in accordance with the approved plans.

9.13 Non-Waiver: The approval by the Architectural Committee or the Board of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Committee under this Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval.

9.14 Liability: Neither the Board, the Architectural Committee nor any member thereof shall be liable to the Association or to any Owner for any damage, loss, or prejudice suffered or claimed on account of: (i) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; or (iii) the development of any property within the Project; provided, however, that the Board, the Committee or such member has acted in good faith on the basis of such information as may be possessed by it or him. Without in any way limiting the generality of the foregoing, the Board, the Architectural Committee, and any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee. Every purchaser, by acquiring title to a Unit or portion thereof agrees not to bring any action or suit against the Board, the Committee, or their members seeking to recover any such damages.

9.15 Compliance With Governmental Requirements: The application to the Association and the review and approval of any proposals, plans, or other submittals shall in no way be deemed to be satisfaction of or compliance with any building permit process or any other governmental requirements, the responsibility for which lies solely with the respective Owner, nor shall it constitute the assumption of any responsibility by or impose any liability on the Board, the Committee, or their members as to the accuracy, efficacy, or sufficiency thereof.

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ARTICLE 10: ENFORCEMENT

10.1 Violations as Nuisance: Every act or omission constituting or resulting in a violation of any of the provisions of the Governing Documents shall be deemed to constitute a nuisance and, in addition to any other remedies which may be available, such nuisance may be abated or enjoined by the Association or its Officers or Board of Directors or by any Owner; provided, however, that the Board shall not be obligated to take action to abate or enjoin a particular violation if, in the exercise of its discretion, the Board determines that acting to abate or enjoin such violation is not likely to foster or protect the interests of the Association and its Members as a whole.

10.2 Violation of Law: Any violation of a state, municipal or local law, ordinance or regulation pertaining to the ownership, occupancy, or use of any property within the Project is hereby declared to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein.

10.3 Owners’ Responsibility for Conduct of Others and Damages: Each Owner shall be fully responsible for informing members of his or her family and his or her tenants, Contract Purchasers, and guests of the provisions of the Governing Documents, and shall be fully responsible for the conduct, activities, any Governing Document violation of any of them, and for any damage to the Project or the Association resulting from the negligent or intentional conduct of any of them or any household pets. If a Condominium is owned jointly by two (2) or more persons, the liability of each Owner in connection with the obligations imposed by the Governing Documents shall be joint and several.

10.4 No Avoidance: No Owner may avoid the burdens or obligations imposed by the Governing Documents through non-use of any Common Area facilities or by abandonment of his or her Unit.

10.5 Rights and Remedies of the Association:

  • 10.5.1 Rights Cumulative: The Association, its Directors, Officers, or agents, and any Owner shall have the right to enforce any and all provisions of the Governing Documents by any proceeding at law or in equity, or through the use of such other remedies as are available and deemed appropriate by the Board. Each remedy provided is cumulative and not exclusive.

  • 10.5.2 Member Not In Good Standing: Upon a determination by the Board of Directors, after prior notice to the affected Member and an opportunity for a hearing, that said Member has violated any provision of the Governing Documents including a failure to pay any Assessment when due, the Board may give notice in writing to such Member that he or she is deemed not to be a Member in Good Standing. Such Member shall be deemed to remain in that status until such time as the Board shall determine in writing that the violation which resulted in the Board’s determination has been cured or remedied or, on some other basis as in the judgment of the Board is just and proper, that such Member shall again be deemed to be a Member in Good Standing of the Association.

  • 10.5.3 Imposition of Sanctions: In the event of a breach or infraction of any provision of the Governing Documents by an Owner, members of an Owner’s family, or his or her tenants, Contract Purchasers, or guests, the Board shall have the power to impose a sanction against the Owner who is responsible as provided in Section 10.3 for such breach or infraction. A sanction may include, but shall not necessarily be limited to, the imposition of a monetary penalty and/or the suspension of an Owner’s rights as a Member of the Association, including an Owner’s voting rights or an Owner’s right to use the recreational or community facilities on the Common Area. Imposition of a sanction shall be effective only after notice and an opportunity for hearing as provided in the Bylaws. Any monetary penalty imposed pursuant to this Section 10.5.3 shall not exceed the amount for each violation, as set forth in the Bylaws. The payment of any such monetary penalty may be enforced as an Enforcement Assessment as provided in Article 6 as well as in any manner permitted by law. Further, each Owner shall be obligated to pay Reimbursement Assessments levied by the Board for reimbursement of any costs incurred by the Association relating to violation of any provisions of the Governing Documents by such Owner’s family, tenants, Contract Purchasers, guests, pets, or other invitees.

  • 10.5.4 Inadequacy of Legal Remedy: Except for the non-payment of any Assessment levied pursuant to the provisions of Article 6, it is hereby declared that a remedy at law to recover damages for a default in the performance of any of the terms and provisions of any of the Governing Documents or for the breach or violation of any such provisions is inadequate and that the failure of any Owner or a member of the family of any Owner or an Owner’s tenants, guests, or household pets or any other occupant or user of any of the property within the Project to comply with any provision of the Governing Documents may be enjoined in any judicial proceedings initiated by the Association, its Officers or Board of Directors, or by any Owner or by their respective successors in interest.

  • 10.5.5 Limitation on Disciplinary Rights: The Association shall not have the power and authority to cause a forfeiture or abridgment of a Member’s right to the full use and occupancy of his or her Unit as the result of the failure by such Owner, members of such Owner’s family, or his or her tenants, guests, invitees or household pets to comply with any provision of the Governing Documents, except where such forfeiture or abridgement is the result of the judgment of a court of competent jurisdiction, a decision arising out of an arbitration proceeding, or a foreclosure or sale under private power of sale for failure of such Owner to pay Assessments levied by the Association pursuant to Article 6. The provisions of this Section 10.5.5 shall not affect the Association’s right to impose fines or monetary penalties or to suspend an Owner’s membership rights, as provided in the Governing Documents.

10.6 Disciplinary Rules: The Board or a committee appointed by the Board for that purpose may adopt rules and regulations that further elaborate upon and refine procedures for conducting disciplinary proceedings and otherwise imposing sanctions upon Members of the Association for violation of provisions of the Governing Documents. Such rules, when approved and adopted by the Board, shall be deemed to be a part of the Association Rules provided for in and constituting a part of the Governing Documents.

10.7 Emergency Situations: The following shall constitute emergency situations: (i) an immediate and unreasonable infringement of or threat to the safety or peaceful enjoyment of Residents of the Project, (ii) a traffic or fire hazard, (iii) a threat of material damage to or destruction of the Project or any portion thereof, or (iv) a violation of any provision of the Governing Documents that is of such a nature that there is no material question regarding the identity of the violator or whether the violation has occurred (such as parking violations). Notwithstanding any other provisions of the Governing Documents, under circumstances involving conduct that constitutes an emergency, the Board or its duly authorized agents may undertake immediate corrective or disciplinary action and, upon request of the Owner as to whom such corrective or disciplinary action has been taken, or on its own initiative, conduct a hearing as soon thereafter as reasonably possible. If the Association acts on its own initiative to schedule a hearing, notice of the date, time and location of the hearing shall accompany the notice of the disciplinary action which is transmitted to the Owner. If the Board has not scheduled a hearing and the Owner desires a hearing, the Owner’s written request therefor shall be delivered to the Association no later than five (5) days following the date when the notice of the Board’s disciplinary action is transmitted to the Owner. The hearing shall be held not later than fifteen (15) days following the date of the Board’s notice of the disciplinary action or fifteen (15) days following the receipt of the Owner’s request for a hearing, whichever is later. If a hearing is scheduled or requested, any sanctions imposed or other disciplinary action taken by the Board shall be held in abeyance and shall become effective only if affirmed at the hearing.

10.8 Alternative Dispute Resolution: As to any dispute between the Association and any Member or between two or more Members of the Association which is subject to California Civil Code section 1354(b), the parties shall abide by the alternative dispute resolution procedures as provided in Civil Code section 1354, or successor statute.

10.9 Non-Waiver: Failure to enforce any provision of the Governing Documents at any time shall not be deemed a waiver of the right to do so thereafter with respect to the same or any other violation of any provision of the Governing Documents.

10.10 Notices: Any notices required or given under this Article 10 shall, at a minimum, set forth the date, time, and location of any hearing, a brief description of the act or omission constituting the alleged violation of the Governing Documents, a reference to the specific Governing Document provision or provisions alleged to have been violated, and the sanction, disciplinary action, or other enforcement action being contemplated by the Board, if any. The notice shall be in writing and may be given by any method reasonably calculated to give actual notice to the affected Member; provided, however, that unless otherwise required by law, if notice is given by mail, it shall be sent by first-class mail, postage prepaid, sent to the most recent address for the affected Member as shown on the records of the Association.

10.11 Costs and Attorneys’ Fees: In the event the Association shall take any action to enforce any of the provisions of the Governing Documents or shall determine that any Member or members of his or her family or his or her tenants, Contract Purchasers, guests, invitees or household pets have violated any provision of the Governing Documents, and whether or not legal or judicial proceedings are initiated, the Association shall be entitled to recover the full amount of all costs including attorney’s fees incurred by the Association in responding to such a violation and/or in enforcing any Governing Document provision. The remedies of the Association to recover the amount of such costs and attorney’s fees shall include, but shall not necessarily be limited to, the imposition of a Reimbursement Assessment as provided in Article 6.

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ARTICLE 11: AMENDMENT

This Declaration may be amended by the affirmative vote or written consent of at least an Absolute Majority, that is, a majority of the Total Voting Power. Any amendment of the Declaration shall be signed and acknowledged by the duly authorized officer(s) of the Association and recorded in the Office of the San Joaquin County Recorder.

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ARTICLE 12: GENERAL PROVISIONS

12.1 Headings: The headings used in this Declaration are for convenience only and are not to be used in interpreting the meaning of any of the provisions of this Declaration, or otherwise.

12.2 Severability: The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision hereof shall not invalidate any other provisions hereof.

12.3 Liberal Construction: The provisions of this Declaration shall be liberally construed to effectuate its purpose of fostering a plan of community ownership and occupancy and of management of the Project for the benefit of the community.

12.4 Number; Gender: The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter, as the context requires.

12.5 Easements Reserved and Granted: Any and all easements referred to herein shall be deemed reserved or granted, or both reserved and granted, as appropriate, by reference to this Declaration in a deed to any Condominium.

12.6 Power of Attorney: To the extent necessary to carry out and enforce the provisions of this Declaration, an irrevocable power of attorney coupled with an interest is granted to the Association by the Owners and each of them.

12.7 Term: The covenants, conditions, restrictions, limitations, reservations, grants of easement, rights, rights-of-way, liens, charges, and equitable servitudes contained in this Declaration shall run with and shall benefit and burden all of the real property subject to this Declaration, including without limitation the Units and Common Areas, and shall inure to the benefit of and be binding upon the Owners, the Association, its Board of Directors and officers, and their respective agents and successors in interest, for a term of thirty (30) years from the date of recordation of this Declaration. Thereafter the term shall be automatically extended for successive periods of ten (10) years each, unless within the six (6) months prior to the expiration of the initial 30-year term or any 10-year extension period a written instrument, approved by Owners entitled to vote and holding at least a majority of the Total Voting Power of the Association, terminating the effectiveness of this Declaration shall be recorded in the Office of the County Recorder of San Joaquin County, California.

IN WITNESS WHEREOF, we, the Members of CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION, constituting at least seventy-five percent (75%) of the Members of said Association, hereby affirm, approve, and adopt the foregoing Amended Declaration of Covenants, Conditions and Restrictions of CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION, in accordance with Article H, Section 8 of the 1970 Declaration as amended, by means of the signatures of the President and Secretary of Cal-Villa Estates Homeowners Association, duly authorized by written consent of at least seventy-five percent (75%) of the Members of said Association, which Amended Declaration of Covenants, Conditions and Restrictions shall be recorded in the Official Records of San Joaquin County, California.

DATED: 05/29/02

CAL-VILLA ESTATES HOMEOWNERS ASSOCIATION

By: [Signature] President Pete R. King

By: [Signature] Secretary Reed Eldridge