Rules and Regulations For the Emerald Ridge Homeowners Association

Transcription

1 Rules and Regulations For the Emerald Ridge Homeowners Association Emerald Ridge 1

2 EMERALD RIDGE HOMEOWNERS ASSOCIATION I. INTRODUCTION AND PURPOSE A primary purpose of the Association is to enforce the requirements and restrictions contained in the legal documents governing our community (the Association s Articles, Bylaws and CC&R s). Under the Bylaws, the Board of Directors has the power and the duty to adopt such Rules and Regulations as it deems necessary to accomplish this purpose. The Board has adopted the Rules and Regulations set forth in this booklet to clarify and provide homeowners with guidance in fulfilling the most frequently encountered requirements and restrictions in the CC&R s. The Rules and Regulations in this booklet are a supplement to the CC&R s and are binding upon all homeowners and their families, tenants and guests to the extent that they are not in conflict with the CC&R s. These Rules and Regulations, together with the CC&R s and the Association s Articles of Incorporation, Bylaws, and Architectural Guidelines and Policies constitute our community s Governing Documents. All residents are encouraged to read this booklet as well as the other Governing Documents so that they will be aware of the requirements that affect them and so that compliance problems can be kept to a minimum. Additionally, any owner who leases a residence must provide a copy of the Rules Booklet and the other Governing Documents to the tenant before the effective date of the tenant s occupancy. All correspondence concerning these Rules and Regulations or the other Governing Documents, including any correspondence concerning non-compliance issues, should be relayed to our Management Company at the following address: EMERALD RIDGE HOMEOWNERS ASSOCIATION c/o Accell Property Management Avenida de la Carlota, Suite 700 Laguna Hills, CA Terms used as defined terms in this Booklet shall have the same meaning as when used in the CC&R s except as otherwise expressly stated. II. BOARD OF DIRECTORS The Board of Directors consists of five (5) directors elected by the Owners for two (2) year terms. The board is responsible for managing the affairs of the Association. III. MEETINGS AND MANAGEMENT The Board of Directors meetings are held monthly and conducted in accordance with the Common Interest Development Open Meeting Act. Owners are given the first 15 minutes of the meeting to bring issues and concerns to the attention of the board for its consideration. Emerald Ridge 2

3 The Annual Meeting is the general membership meeting conducted yearly. The specific purpose is to elect directors to serve a two (2) year term on the Board. The members are provided correspondence regarding the election and its process approximately 45 days prior to the meeting. All owners are notified about the date, time and location of Annual Meetings no less than 30 days prior to the meeting. MANAGEMENT COMPANY All correspondence and documentation related to the Association should be forwarded directly to the Management Company. Emerald Ridge Homeowners Association c/o Accell Property Management, Inc Avenida de la Carlota, Suite 700 Laguna Hills, CA (949) * FAX (949) IV. DELINQUENCY AND COLLECTION POLICY Prompt payment of Assessments by all owners is critical to the financial health of the Association and to the enhancement of the property values of our homes. Your Board of Directors takes very seriously its obligation under the Declaration of Covenants, Conditions and Restrictions (CC&Rs) and the California Civil Code to enforce the member s obligation to pay assessments. The policies and practices outlined shall remain in effect until such time as they may be changed, modified, or amended by a duly adopted resolution of the Board of Directors. Therefore, pursuant to the CC&Rs and Civil Code, the following are the Association s assessment practices and policies: 1. Assessments, late charges, interest and collection costs, including any attorney s fees, are the personal obligation of the owner of the property at the time the assessment or other sums are levied [Civil Code Section 5650(a)]. 2. The association shall provide notice by first-class mail to the owners of the separate interests of any increase in the regular or special assessments of the association, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. Regular monthly assessments are due and payable on the first day of each month. A courtesy billing statement is sent each month to the billing address on record with the Association. However, it is the owner s responsibility to pay each assessment in full each month regardless of whether a statement is received. All other assessments, including special assessments, are due and payable on the date specified on the Notice of Assessment. 3. Any payments made shall be first applied to assessments owed, and only after the assessments owed are paid in full, shall such payments be applied to late charges, interest, and collection costs, including attorney s fees, unless the owner and the Association enter into a written agreement providing for payments to be applied in a different manner. 4. Regular and special assessments levied pursuant to the governing documents are delinquent thirty (30) days after they become due. The association will levy late charges at thirty (30) days past due. If an assessment is delinquent the association may recover all of the following: (a) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney s fees. (b) A late charge not exceeding five (5%) percent of the delinquent assessment or eleven dollars and fifty cents ($11.50), whichever is greater, unless the Emerald Ridge 3

4 declaration specifies a late charge in a smaller amount, in which case any late charge imposed shall not exceed the amount specified in the declaration. (c) Interest on all sums imposed in accordance with this section, including the delinquent assessments, reasonable fees and costs of collection, and reasonable attorney s fees, at an annual interest rate not to exceed twelve (10%) percent, commencing thirty (30) days after the assessment becomes due, unless the declaration specifies the recovery of interest at a rate of a lesser amount, in which case the lesser rate of interest shall apply and shall continue to be assessed each month until the account is brought current. 5. If a special assessment is payable in installments and an installment payment of that special assessment is delinquent for more than thirty (30) days, all installments will be accelerated and the entire unpaid balance of the special assessment shall become immediately due and payable. The remaining balance shall be subject to a late charge and interest as provided above. 6. If an assessment is not received within thirty (30) days after the assessment becomes due and at least thirty (30) days prior to recording a lien, the Association or its designee will send a pre-lien letter to the owner as required by Civil Code Section 5660 by certified and first class mail, to the owner s mailing address of record advising of the delinquent status of the account and impending collection action. The owner will be charged a fee for the pre-lien letter. The pre-lien letter will include an offer by the Association to engage in informal dispute resolution upon receipt of a written request by the owner within fifteen (15) days of the pre-lien letter. The Board shall meet with the owner in executive session within forty five (45) days of receipt of the owner s written request pursuant to the association s meet and confer (commencing with Section5905 of the Civil Code), unless there is no regularly scheduled board meeting within that period, in which case the Board may designate a committee of one or more members to meet with the owner. 7. If an owner fails to pay the amounts set forth in the pre-lien letter within thirty (30) days of the date of that letter, the Association will authorize a lien be recorded for the amount of any delinquent assessments, late charges, interest and/or costs of collection, including attorneys fees against the owner s property. The owner will be charged for the fees and costs of preparing and recording the lien. Thirty (30) days following recordation of the lien, the lien may be enforced in any manner permitted by law, including, without limitation, judicial or non-judicial foreclosure [Civil Code Section 5700] 8. Prior to recording of a lien, the Board of Directors will approve the recording of the lien in open session at a regular or special board meeting pursuant to Civil Code section5705(c), et seq. Prior to recording of a lien for delinquent assessment, the Association shall offer the owner and, if so requested by the owner, participate in dispute resolution pursuant to section 5705(b) of the Civil Code. 9. An owner is entitled to inspect the Association s accounting books and records to verify the amounts owed pursuant to Civil Code Section 5200 et seq. and Corporation Code Section In the event it is determined that the owner has paid the assessments on time, the owner will not be liable to pay the charges, interests, and costs of collection associated with collection of those assessments. 11. Any owner who is unable to pay assessments will be entitled to make a written request for a payment plan to be considered by the Board of Directors. An owner may also request to meet with the Board in executive session to discuss a payment plan. Payment plans may incorporate any assessments that accrue during the payment plan period. Payment plans shall not impede an association's ability to record a lien on the owner's separate interest to secure payment of delinquent assessments. Additional late fees shall not accrue during the payment plan period if the owner is in compliance with the terms of the payment plan. In the event of a default on any Emerald Ridge 4

5 payment plan, the association may resume its efforts to collect the delinquent assessments from the time prior to entering into the payment plan. The Board will consider payment plan requests on a case-by-case basis and is under no obligation to grant payment plan requests. 12. Nothing herein limits or otherwise affects the Association s right to proceed in any lawful manner to collect any delinquent sums owed to the Association. 13. Prior to the release of any lien, or dismissal of any legal action, all assessments, late charges, interest, and cost of collection, including attorney s fees, must be paid in full to the Association. 14. All charges listed herein are subject to change upon thirty (30) days prior written notice. 15. The mailing address for overnight payment of assessments is: Emerald Ridge Homeowners Association c/o Accell Property Management, Inc Avenida de la Carlota, Suite 700 Laguna Hills, CA (949) The Association may not foreclose unless delinquent assessments are greater than $1,800 or greater than twelve (12) months delinquent. 17. Prior to initiating a foreclosure for delinquent assessments, the association shall offer the owner and, if so requested by the owner, shall participate in dispute resolution pursuant to the association s meet and confer program required in Civil Code Section 5905 et seq. or alternative dispute resolution with a neutral third party pursuant to Civil Code Section 5925 et seq. 18. Prior to commencement of foreclosure, the Board of Directors will approve the foreclosure in executive session and note the approval in the regular minutes of the Association without identification of the name of the individual. 19. A nonjudicial foreclosure by the Association to collect upon a debt for delinquent assessments shall be subject to a right of redemption. The redemption period within which the separate interest may be redeemed from a foreclosure sale under this paragraph ends ninety (90) days after the sale. Owners have the right to request that all collection correspondence and legal notices be mailed to both a primary and secondary address. Upon receipt of a written request by an owner sent by United States Mail or facsimile transmission, identifying a secondary address for purposes of receiving collection notices, the Association shall send additional copies of all collection correspondence and legal notices to both the primary and secondary address provided in the written request. V. USE RULES AND REGULATIONS 1. Membership in Association- Article III, Sections 1 & 2 of the CC&R s are supplemented by the following: a. Lease Notification. Any lease or rental agreement must provide that the tenant is subject in all respects to the provisions of the Governing Documents. The Owner must provide his tenant with a current copy of the Governing Documents and must provide the Management Company with a written receipt signed by the tenant acknowledging that the tenant has received them. The Owner shall be responsible if his tenant fails to comply with the Governing Documents. Emerald Ridge 5

6 b. Owner s Notice Requirements. A nonresident Owner must notify the Management Company of his current mailing address and telephone number. A new Owner must provide the Management Company with that new Owner s name and contact information. 2. Residential Use. a. Single Family Use. Except as provided below, each Lot shall be used only as a residence and not used, or allowed or authorized to be used, in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending, or other such nonresidential purpose, excepting professional and administrative occupations without external evidence thereof, for so long as such occupations are in conformance with City Ordinances and are merely incidental to the use of the residence as a home. 3. Nuisances. Article IX, Section 4 of the CC&R s is supplemented by the following: a. Objects Emitting Noise or Odors. No object that emits any loud noise, noxious odor, or offensive activity shall be located or used in any portion of the Properties or any public street abutting the Properties, without the Board s prior written consent. b. Window Coverings. No window may be covered with any mirror-like reflective material or aluminum foil, newspaper, or similar materials. Neutral colored bed sheets may be allowed on the bedroom windows, at the Board s discretion for a period not exceeding (60) days after the close of Escrow. c. Accountability for Residents and Guests. Each Owner shall be accountable to the Association and other Owners for the conduct and behavior of his/her residents or persons residing in or visiting his/her Dwelling Unit. Any damage to the Common Area, personal property of the Association, caused by such individuals shall be repaired at the responsible Owner s sole expense. 4. Signs. Article IX, Section 5 of the CC&R s is supplemented by the following: General Restrictions. Subject to Civil Code Section 712, 713 and 4710 an Owner may post or display noncommercial and non-advertising signs, flag or banners on or in an Owner s Lot except as required for the protection of public health or safety, or if the posting or display would violate a local, state, or federal statute. The sign, flag or banner may be made of paper, cardboard, cloth, plastic or fabric, but may not be made of lights, roofing, siding, paving materials, flora or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces. The signs and posters must be less than 9 square feet in size and noncommercial flags or banners must be less than 15 square feet in size. No such signs or banners may be placed within the Common Area. One sign advising of the existence of security services protecting a Lot is allowed as long as it complies with Architectural Review Committees Guidelines. For Sale/ Lease Signs. One for sale or for lease sign per property is allowed and shall be considered of reasonable dimensions and design if it is not larger than 36 inches by 24 inches. All signs for the purpose of selling a home must be professionally prepared. The sign color and style and location must be authorized by the Architectural Review Committee. All signs must conform with the requirements of the City/County, and must not adversely affect public safety, including traffic safety. 5. Parking and Vehicular Restrictions. Article IX, Section 6 of the CC&R s is supplemented by the following: Emerald Ridge 6

7 a. For the safety of our residents, the maximum speed limit on Emerald Ridge streets is 15 m.p.h. b. All residents must follow the parking requirements set forth in the CC&R s. c. No Owner shall park, store, or keep any vehicle except wholly within the designated parking area, and any inoperable vehicle shall be stored only in enclosed garages. d. d. Garages shall be used for garage purposes only and shall not be converted to other uses, and each garage shall be so maintained that adequate space is available therein to park at least two (2) full sized automobiles. e. No inoperative, commercial, or recreational vehicles are allowed, except as permitted under the terms of the CC&R s. f. No vehicles may be parked at any time within fifteen (15 ) feet of a fire hydrant, in a fire lane, or in a manner that interferes with an entrance to, or exit from, that private property and any such parked vehicles are subject to tow without notice at the vehicle owner s expense. g. Please park vehicles off of the streets on trash collection days. h. Repair and restoration of personal vehicles only are permitted within an Owner s garage when the garage door is closed, provided that such activities may be prohibited entirely if the Board determines, in its reasonable discretion, that such activity constitutes a nuisance. 6. Animals and Pets. Article IX, Section7 of the CC&R s is supplemented with the following: a. Reasonable Quantities. Animals kept on the Properties shall be limited to ordinary domestic pets in reasonable quantities such as dogs, cats, fish and birds. Reasonable Quantities ordinarily means a total of two (2) pets per household, regardless of species or combination of species. The Board, however, reserves the right (1) to determined that a reasonable quantity is more or less than two (2) pets per household, depending on individual circumstances, and (2) to prohibit the maintenance of any animal that it considers to be a nuisance or hazard. b. Control of Animals. All animals belonging to the Owners, occupants, tenants, or guests within the Properties must be either kept within an enclosure or on a leash being held by a person capable of controlling the animal. c. Owner s Responsibility. The Owner of a Lot on which an animal is brought or kept is responsible for any unreasonable noise, barking or damage that animal may cause. The Owner is responsible to keep the animal in good health and condition. d. Clean Up. Each Owner, tenant, occupant, guest, and invitee shall immediately clean up after their animals within all parts of the Properties, including the Owner s Lot, the Common Area, and public property abutting the Properties. 7. Trash. Article IX, Section 8 of the CC&R s is supplemented as follows: a. Containers. All household trash shall be placed in sanitary containers or plastic trash bags and kept out of view, except as noted in item 7b. Emerald Ridge 7

8 b. Pick-up. Trash for pick-up shall not be placed at the curb prior to 6:00 p.m. on the day preceding scheduled pick-up and all empty containers shall be returned to their storage area before 8:00 p.m. on the day of pick-up. Residents are reminded that the date of pick-up may be delayed 1 day on New Year s Day, Memorial Day, July 4 th, Labor Day, Thanksgiving Day and Christmas Day. 8. View Obstruction/Outside Installations. The Emerald Ridge Homeowners Association governing documents specifically require that the Association respond to concerns regarding unreasonable view interference. Specifically, the Declaration of Covenants, Conditions and Restrictions (the CC&Rs ) provides that: No fence, structure, Improvement or vegetation shall be constructed or planted anywhere on a Lot, if to do so may unreasonably interfere with the view from any adjacent or nearby Lot In the event of a dispute between Lot Owners as to the obstruction of a view, such dispute shall be submitted to the ARC whose decision in such matter shall be binding. Any such obstruction shall, upon request of the ARC, be removed or otherwise altered to the satisfaction of the ARC by the Owner of the Lot upon which the obstruction is located. Each owner, by accepting a deed to a Lot, hereby acknowledges that any construction by Declarant may impair the view of such Owner and hereby consents to such impairment. The CC&Rs state that the Architectural Review Committee ( ARC ) shall resolve disputes regarding view obstructions. (See CC&Rs at Article IX, Section 9, above). The CC&Rs also provide for building height restrictions and place other restrictions on view blockage by chimneys, etc. (Article IX, Section 20). 9. Drainage. There shall be no interference with, or alteration of, the established drainage pattern over any Lot within the Properties unless adequate alternative provision is made for proper drainage that is approved by the ARC. 10. Garage Sales. Individual garage sales or similar type sales are prohibited within the Properties. Upon request, the Board may authorize and coordinate an Association garage sale for all Owners who desire to participate. Such sales shall generally occur no more than once per year. VI. CONSTRUCTION RULES The following summary of construction rules has been adopted by the Emerald Ridge Homeowners Association to clearly define the responsibility of each homeowner and their contractors, during the architectural improvement process. We request that you take the time to review these rules with your contractor and ensure that they comply with each provision herein. 1. Construction. The Homeowner and his or her general contractor or superintendent is responsible for familiarizing themselves and complying with all portions of the Association s Governing Documents, which affect construction. Each general contractor or superintendent is responsible for familiarizing his or her employees, subcontractors and suppliers with all relevant construction requirements. The Homeowner and his or her general contractor or superintendent are required to construct the Dwelling Unit and surrounding improvements according to the plans specifications and revisions approved in writing by the ARC and the City. Contractors may be authorized for entry for periods of one month or the period of the contract, which ever is less. Authorization for entry must be renewed each month for longer contracts. Emerald Ridge 8

9 Subcontractors and other workers who are called to the site by the general contractor must be authorized for entry by the general contractor or by the resident. Workers attempting to enter without advance clearance will be directed to call the contractor or resident on the pay phone to obtain authorization for entry. The gate access staff is not allowed to make telephone calls on behalf of the subcontractor or worker. Please do not u-turn into resident s driveways. Each Owner having construction work done on his Lot must provide restroom facilities for the work crew. No admittance before 7:00 a.m. Monday through Friday, 9:00 a.m. on Saturdays. No admittance on Sunday or Holidays. Contractors and service personnel must be cleared by resident. Contractors (and resident) must also clear their subcontractors and workers. 2. Restricted Access. All Access Permits will be identified by address and permit numbers and all construction personnel will be restricted to the address or addresses on which they are employed. This also will apply to their delivery drivers and those with whom they have appointments. Access will not be allowed after hours or on weekends when no work is being done. No one shall be permitted to bring with them guests, or anyone else who has not been cleared through the gate access staff. Dogs and other animals are not permitted on construction sites. The use of property adjacent to Lots under construction for vehicular access purposes, parking or equipment and material storage will not be permitted without the written permission of the adjacent property Owner. 3. Construction Hours. All construction operations shall be limited to: Monday through Friday from 7 a.m. to 4:30 p.m. and Saturday from 9:00 a.m. to 4:30 p.m., but no excavation, earth moving or loud equipment, other than normal landscape maintenance activities, shall be allowed on Saturdays. No construction activities are allowed on Sundays or federal or state holidays. All contractors, subcontractors, suppliers and employees must be off the job site prior to 6:00 p.m. 4. Construction Bins. All construction bins, building equipment, building materials and temporary toilets used in connection with new construction or remodeling must be placed on the owner s property behind the curb and off the street. If this is not possible, written permission must be obtained from the ARC prior to placing any of the above items on the paved street area. Construction bins, if placed in street, must have 3/4 plywood plate under each foot, or other adequate protection to prevent damage to the street. 5. Site Conduct and Safety Precautions. The general contractor, job superintendent, employees, subcontractors and suppliers shall: a. comply with all of the construction provisions established in the Architectural Guidelines and applicable Governing Documents; b. follow the directives of the Emerald ridge Access staff and the ARC; c. not consume alcoholic beverages on the site; d. not damage or disturb the work of others; Emerald Ridge 9

10 e. not play radios, CD players, tape players or other audio equipment at any time, unless inside an enclosed structure, and never so loud as to disturb neighbors; and f. take all necessary precautions for the safety of all person, materials and equipment or adjacent to the site; furnish, erect and maintain approved barriers, lights, signs, and other safeguards to give adequate warning to everyone on or near the site of dangerous conditions during the work. 6. Site Maintenance. The general contractor, job superintendent, employees, subcontractors, and suppliers shall comply with the following rules established for daily maintenance and cleanliness of the site. It is the responsibility of the Owner of the Lot to ensure such compliance. a. Maintain the site daily in a neat and clean condition, neatly stockpiling delivered for or generated by the work and immediately removing and waste material or debris generated by the work to a dumpster or off-site. b. All debris generated by employees, i.e. paper, cans, bottles and litter shall be removed and properly disposed of from the job site on a daily basis. c. Remove all equipment, materials, supplies and temporary structures when any phase of the work is complete, leaving the area neat and clean. Equipment not in daily use must be removed from the job site. d. Keep the streets, gutters and adjacent property clean and free of dirt, trash debris or other material related to or caused by the work. e. Maintain continuous dust control on the Lot during construction operations. f. Dirt, gravel, cement powder, wet concrete, and other contaminants that spill onto the street shall be removed from the street at the end of each day of work. The contaminant must be swept, shoveled or otherwise removed from the street and taken away by the contractor or placed in a trash bin. Application of water to dilute the contaminant and wash it down the street where it deposits in front of adjacent homes is not permitted. If the Homeowner does not adhere to this guideline, the Board may have the contaminant removed, and the cost of such contaminant removal will be paid by the Homeowner from the construction deposit or from additions to the construction deposit. g. No construction equipment shall be parked in the streets of Emerald Ridge over weekends or holidays without prior written approval from the ARC. h. Any spoils generated from the site grading must be placed on the Owner s Lot. No material may be placed on the street or common area. Storage of spoils on adjacent property will not be permitted. All excess spoils shall be removed promptly and disposed in accordance with City and County rules and regulations at controlled dumpsites. 7. Compliance. The ARC and/or the Board reserve the right to stop construction and deny site access to any general contractor, job superintendent, subcontractor, supplier or their employees who are in violation of these Guidelines and any other relevant provision hereof. VII. TENNIS COURT, BASKETBALL COURT AND CLUBHOUSE RULES Emerald Ridge 10

11 HOURS: 7:00 AM TO 9:00 PM DAILY Anyone not adhering to the tennis court rules may be asked to leave immediately and/or be subject to subsequent Board action. 1. The tennis courts, basketball court and clubhouse are exclusively limited to Emerald Ridge Homeowners Association residents and their invited and accompanied guests. 2. All gates and doors remain locked at all times when not used for entry or exit purposes by residents or their invited guests. 3. Excessive noise, including loud radios, that is disruptive is prohibited. 4. There is a $ replacement fee for a lost or stolen key. 5. Homeowners shall be held responsible for damages that they or their guests cause. The homeowner s liability is primary. Please monitor the activities of your residents and guests.. Common courtesy and consideration for the rights of others are essential for the full enjoyment of these facilities by everyone. VIII. COMMUNITY ACCESS Emerald Ridge is gated to provide access control to the community, but is not a secured community. Personal security of each resident and their property is the responsibility of the individual residents or owners. 1. Gate Access Staff Service. Is provided seven (7) days a week from 7:00 a.m. to 11:00 p.m. 2. Resident access. Each permanent resident should have a decal on the windshield of their permanent vehicles. 3. Guests. Names of guests must be called in, in advance, by the resident to the gate access staff on duty. If a guest arrives that has not been called in, the gate access staff will attempt to reach the resident by telephone. If the resident is not available to access authorization, the guest will be denied access. 4. Permanent guest list. You may maintain a permanent frequent guest list with the gate access staff to allow access to certain individuals that should have access to your home. This is useful for cleaning services, guests, etc. 5. Telephone access. If you receive a guest while gate access staff is not on duty, the guest can contact you via the intra-community telephone at the gate. When you receive the call, press the 9 key on your telephone to open the gate. 6. Transmitter and fob access. If you desire a transmitter or key fob to operate the gate, please contact the Gate Guard. There is a $50.00 deposit for the transmitter and a $50.00 deposit for the key fob. Emerald Ridge 11