Viewpointe Community Homeowners Association

Transcription

1 Viewpointe Community Homeowners Association OPERATING RULES AND REGULATIONS REV. B: JANUARY 2016

2 Table of Contents Change Control Table... 3 General Information... 4 All Homeowners... 4 Homeowner Meetings... 4 Property Management... 4 General Rules & Regulations... 5 Satellite Dishes and Antennas... 6 Real Estate Signs... 6 Pool & Spa s... 7 Pets... 8 Parking... 9 General... 9 Parking Permits Parking FAQ s Architectural Rules & Guidelines Fine Policy and Enforcement Violation & Fines View Pointe Maint. Corp. Rules & Regulations Rev. B Page 2

3 Change Control Table Date Revision Changes August 31, 2015 Rev A 1. Combined documents: Architectural Guidelines, Parking Rules, Rules and Regulations. Modification to format and layout to accommodate the aggregation of data. Any modification unless otherwise noted below are non-substantive. Eliminated redundant references due to consolidation. 2. Added several existing CC&R references Clarification. 3. Driveway Parking Rule Change. 4. Pool and Spa Hours Clarification. 5. Satellite Dishes Clarification. December 17, 2015 Rev B 1. General wording changes to clarify existing parking rules. 2. Permit categories are removed. 3. Additional FAQ items added for clarification 4. Additional already existing conditions repeated from our CC&R s to the rules package to aid tenants and owners in better understanding the existing rules. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 3

4 General Information Our community, officially incorporated and named as, View Pointe Maintenance Corporation is commonly known as, Viewpointe and will be referred to as such throughout this document. Our community has no relationship with a neighboring community sharing a similar name, Viewpointe North. Viewpointe is governed by a set documents commonly known as, The Governing Documents including a declaration of Covenants, Conditions and Restrictions commonly referred to as CC&R s. Article VI, Powers and Duties of the Association, Section 13, Association Rules and Regulations of our CC&R s allows the Board of Directors to adopt, amend and repeal Operating Rules and Regulations as it deems reasonable. This includes the power to establish and enforce a system of fines and penalties. This Operating Rules and Regulations document contains rules that are in addition to our CC&R s as well as commonly referenced rules that have been established and remain unaltered in our CC&R s. If a reference to a section in our CC&R s is not represented in full, excerpt will be noted. All Homeowners It is your responsibility to make sure your guests and tenants are aware of these rules and regulations as well as those contained in our CC&R s. You are responsible for your guests and tenants. Please provide the current Operating Rules & Regulations to your tenant prior to their move in date and anytime they are revised. Homeowner Meetings With the exception of December, the Board of Directors meet once per month on the third Tuesday at Denny s Restaurant in Yorba Linda (Savi Ranch). The General Session starts at 7 PM in the rear meeting room. Our Annual Meeting is held in May on the third Tuesday. Meeting notices, agendas and other communications to the community are posted at the main pool adjacent to the restrooms on the notice board. Property Management Tritz Professional Management Services (TPMS) (714) (714) (After Hours Emergency Only) (949) Fax 2569 McCabe Way, Suite 220 Irvine, CA Property Manager: Sue Norman sue@tpms.net View Pointe Maint. Corp. Rules & Regulations Rev. B Page 4

5 General Rules & Regulations As per the governing documents allow, the Board of Directors reserves the right to assess a homeowner for damage to the common area property, including buildings, equipment, furnishings and landscaping, as a result of negligence, carelessness, or misuse by an owner, tenant, guest or pet. 1. Quiet Enjoyment: No owner shall permit or suffer anything to be done or kept upon such Owner s Condominium which will obstruct or interfere with the rights of quiet enjoyment of the other occupants. Article IX, Section 7 (excerpt) 2. Windows: No window in any Condominium Unit shall be covered in whole or in part, inside or outside, with aluminum foil, newspaper, paint, tint or any other material reasonably deemed inappropriate for such use by the Architectural Control Committee; provided, however, an Owner may use plain white sheets to cover windows for a period not to exceed six (6) months after the close of escrow pending the installation of drapes, curtains, shutters or other appropriate interior window coverings. Article IX, Section Hanging Laundry: Clothes, towels, blankets, laundry, similar items or clotheslines shall not be placed on or hung from any patio, balcony, courtyard or any other portion of the Common Area or Exclusive Use Common Area, where doing so would be visible from any other Condominium Unit or the Common Property. Article IX, Section 22 (excerpt) 4. Garage Doors: Garage doors shall remain closed at all times, except as reasonably required for entry to and exit from the garage. Article IX, Section 12 (d) (excerpt) 5. Trash Cans: Trash cans are to be put out no earlier than 6:00 p.m. the night before pick up must be taken in no later than 9:00 p.m. the night of pick up. 6. Utility Closets: No items shall be stored, displayed or discarded in the electrical utility closets. Items will be discarded without notice, possibly resulting in any related costs being assessed to the owner of the items. 7. Junk: All clotheslines, refuse containers, woodpiles, storage boxes, tools, and equipment shall be prohibited from view. Garden hoses shall not be left in common areas such driveways, walkways front yards, etc. 8. Outside Storage: Any outside or carport storage shall be prohibited. This shall include and not be limited to recreational equipment such as boats, trailers, etc., storage containers, inoperative or non-registered vehicles, etc. 9. Habitable Space: The use of the garage or attic space as habitable space is prohibited. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 5

6 10. Holiday Lights: The installation of exterior holiday lighting is permitted. Such installation of holiday lights shall be by a means that will not in any way damage, penetrate, or deface the exterior surfaces and finishes of the building. Walking on any portion of the roof is prohibited. Holiday lights are to be removed no later than February 1st. 11. Balcony Rails & Walls: No potted plant or other item may be placed on any second level balcony wall or railing. Satellite Dishes and Antennas 1. Antennas: No Owner shall install, or cause to be installed, any television, radio, "Citizens Band". (C.B.) antenna, satellite dish or other similar electronic receiving or broadcasting device on the exterior of any Condominium Building or elsewhere within the Common Property. Article IX, Section Satellite Tripod: Satellite dishes are only allowed in your Exclusive Use Common Area balcony or patio. Satellite dishes must be mounted on a purpose built, commercially available tripod stand. The total height of the tripod stand and satellite dish must not exceed a height of 72 inches from the balcony or patio walking surface. Satellite dish tripod stands may not be fastened in any way to the walking surface, interior walls, ceiling or any other portion of the buildings. Owners are solely responsible for the safe installation and operation of their satellite tripod stand and dish. 3. Satellite Signal Cable: Satellite signal cables must enter your unit through a single, professionally installed, stucco bushing pass-through hole not to exceed 18 inches above the walking surface where the satellite tripod stand is sitting upon. No signal cable may extend vertically, fixed to the building or left dangling, up the outside of any wall. Owners are responsible for any resulting damage such as water or stucco and all related costs to repair. Real Estate Signs 1. Signs: No sign of any kind shall be displayed to the public view on or from any condominium unit or the common property without the approval of the Association, except one FOR SALE, FOR LEASE, or FOR EXCHANGE sign of reasonable size on any condominium unit. Article IX, Section 5 (excerpt) 2. Real Estate Sign: A small stake real estate sign may be placed in the driveway planter (or inside the window of the unit ONLY.) 3. Open House Sign: One (1) OPEN HOUSE sign may be posted outside the main entrance gate. The OPEN HOUSE sign shall be posted in a designated area of the southeast corner of Highcrest and Serrano, between the hours of 9:00 a.m. and 5:00 p.m., on Saturdays and Sundays only. Any sign(s) posted that is in noncompliance with the above requirements or located in any common area not listed above shall be removed at owner s expense. Such noncompliance may also result in violation hearings with the possibility of an assessment levied against homeowner s account. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 6

7 Pool & Spa s 1. Pool and Spa Hours: Hours are 8 a.m. to 10 p.m. every day. Posted pool/spa hours will be enforced. 2. Keep Gates Closed: At no time should any gate be propped open or blocked from properly closing. 3. No smoking: All pool and spa areas are smoke free. 4. No Glass: No glass containers or bottles of any kind are allowed in the pool or spa areas. 5. No Pets: Pets are NOT allowed in any pool or spa area at any time. 6. Children: Children under the age of 14 must be accompanied by a responsible adult in the pool or spa areas. Children under the age of 14 are not allowed in the spa. 7. Guests: Guests must be accompanied by a resident at all times. 8. No Diving: No diving, running or climbing on gates, fences, or furniture is permitted. 9. Prohibited Items: The following items are not allowed in the pool area: Frisbees, footballs, bicycles, skateboards, or any other wheeled toys. 10. No Private Parties: The pool or spa area may not be reserved for private parties. 11. Do Not Remove Furniture: Association furniture shall not be removed from the pool or spa area. 12. Remove Personal Items: Residents who bring their own personal property must remove it upon leaving. 13. Pick Up Your Trash: All trash must be picked up and put in the trash containers provided. 14. Do Not Disturb Others: Radio and conversation volumes should not disrupt others enjoyment of the pool or spa areas. 15. Pool Key: You must have your pool key at all times and show it upon request. Any director, owner or security personnel may request you to show your key. Anyone who cannot produce a valid key will be asked to leave the premises. Trespassers will be prosecuted. 16. Pass Keys At Sale: Upon the sale of your Viewpointe home, you are required to turn over all pool keys to the new owner. 17. Purchase Keys: Replacement keys may be purchased by contacting the property management company. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 7

8 Pets 1. Maintenance of Animals: No animals of any kind shall be raised, bred or kept in any Condominium Unit, Exclusive Use Common Area or in the Common Property, except that one (1) common domesticated dog, cat, bird or other household pet (other than a small household pet such as fish, which may be kept in reasonable numbers so long as there is no external evidence thereof) may be kept in each Condominium Unit; provided, however, that no animal shall be kept, bred or maintained for any commercial purpose and shall not exceed any weight limitations established by the Board. Each Owner shall be responsible for cleaning up any excrement or other unclean or unsanitary condition caused by said animal in the Project. All permissible pets belonging to Owners, tenants, lessees or guests must be kept within an enclosed area, or on a leash being held by a person capable of controlling the animal. The Association, upon the approval of two-thirds (2/3) of the Board, shall have the right to prohibit maintenance of any animal within the Project which constitutes a private nuisance to any other person. Every person bringing an animal upon or keeping an animal in the Project shall be liable pursuant to the laws of the State of California to each and all persons for any injury or damage to persons or property caused by such animal. Article IX, Section 6 2. Dog Tags: All dogs and cats must wear identification at all times when out of doors. All dogs must maintain proper licensing with the County of Orange (OC Animal Care). 3. You Are Responsible: Pet owners will be held responsible for any damages or nuisance caused by their pets. 4. Pool & Spa Areas: Pets are NOT allowed in any pool or spa area at any time. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 8

9 Parking Viewpointe has 232 residential homes. Our community has 162 additional unassigned parking locations for use by residents with permits and their guests. These rules are intended to help balance the parking needs of both residents and guests. All streets in Viewpointe are privately owned and maintained by the Association. California Vehicle Code Sections 22500, and the CC&Rs allow the Association authority to establish parking rules within the community, including the authority to issue citations and tow vehicles in violation of the established rules. The following rules are in addition to the parking rules found in our CC&R s Article IX; Sections 12 and 13. The following does not apply to individually deeded carport locations to those homes with single car garages. General Guest Only Parking (42): Permit Parking (120): Locations designated with green curb paint and the word Guest. All other locations not designated as guest. 1. Resident parking in Viewpointe is by permit only. Guests may park in either guest or permit locations on a first come basis. Parking is never reserved. 2. Residents may not park in guest parking for any period of time. Resident vehicles in guest parking are subject to citation and/or immediate tow without prior warning or citations. 3. Guests may park a maximum of five times per 30 day period in any permit or guest parking location. Guests needing to park in excess of five times per 30 day period may contact Anaheim Hills Patrol. 4. Residents are required to fully utilize their garages solely for the purpose of parking their vehicles. Residents are required to park their vehicles in their garages and/or carport spaces as outlined in the CC&R s. Article IX, Section 12 (excerpt) 5. No vehicle shall be stored or parked within the community in excess of 72 hours. Vehicles with valid permits are exempt. 6. Vehicles utilizing on street parallel parking must park with both right wheels within 18 inches of the curb and only within marked spaces. Vehicles must be facing with the flow of traffic. 7. Parking is only allowed in designated spaces (within the white lines provided for parking) and must fit wholly within a single parking space as outlined in CC&R s. 8. Driveway parking is allowed only if the vehicle is parked straight (perpendicular to the garage door, not parallel or crosswise), and driveways are long enough to accommodate the vehicle without extending over any portion of the sidewalk and or driveway apron with the garage door fully closed as outlined in the CC&Rs. 9. Unless it can be fully enclosed within a garage, all large commercial vehicles, recreational vehicles, campers, motorhomes, trailers, boat trailers or other similar vehicles are prohibited from parking in Viewpointe as outlined in the CC&Rs. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 9

10 10. Parking is not permitted in the following areas and is always subject to immediate tow without warning: Any red curb Within 15 feet of a fire hydrant. 11. Unauthorized parking in any carport or driveway is subject to immediate tow without warning at the violator s expense. 12. Maximum speed limit in Viewpointe is 15 MPH. 13. Homeowners are responsible for informing their tenants and/or guests of the parking rules and speed limits within the community. Parking Permits Any resident may request a parking permit. Parking permits will only be considered for those residents with accounts in good standing, garages and carport clear and fully utilized for the parking of vehicles as designed and in compliance with the CC&R s. 1. A non-refundable administrative fee of $50 will be charged for each approved permit. Administrative permit fee is non-transferable with the exception of the sale and replacement of a vehicle. 2. Permits are issued to a single license plate, per calendar year. Permits do not automatically renew. 3. Owner shall remain in good standing in payment of their account, including assessments, late charges, fines, etc. Permits issued to accounts that do not remain in good standing will be revoked. 4. Applicants must utilize their garages and/or carports for the parking of vehicles to the full extent for which the garage was designed. Garages shall not be used for storage if such storage would prohibit a vehicle from being parked therein. Garage/carport must be utilized for the parking of operational, DMV registered, street-legal vehicles only, not for recreational vehicles such as boats, trailers, dirt bikes, ATVs, etc. Prior to issuance or renewal of a permit, a garage inspection is required. Article VIII, Section 12 (a) (excerpt) 5. Residents with a non-commercial vehicle that exceed the door height or garage length may apply for a Parking Permit as long as the garage and account is in full compliance with the CC&R s. 6. Applicants may be required to show proof of licensed drivers and vehicles registered to the address requesting the permit. 7. All permitted vehicles are required to display the approved permit decal in the rear window or in a location designated by Anaheim Hills Patrol. No Exceptions. 8. If the condition under which the permit was approved changes, the permit may be revoked. 9. Permit holders must remain in compliance with the parking rules of the community. 10. Complete and the Parking Permit Application form to Ron@AnaheimHillsPatrol.com View Pointe Maint. Corp. Rules & Regulations Rev. B Page 10

11 Parking FAQ s Q How long can I park without getting towed? A Citations or the decision to tow a vehicle are based on the observation of the violation, not the length of time the vehicle is in violation. As homeowners, we do not want to pay security to sit and watch a vehicle for a period of time. We want security to spend their allotted hours protecting our community against crime, not watching parking violators that refuse to follow the rules. Q How long can I park in guest parking without getting a citation or being towed? A Residents cannot park in guest parking for any period of time. Residents are subject to immediate tow without warning. Guest parking is reserved for guests only. Q I have a guest staying for a week, what do I do? A If you have a situation that does not warrant a permit, simply call Anaheim Hills Patrol. They can safe list a car as needed on a per-case basis. Q Can my guest park in a spot that is not marked as green Guest? A Yes, guests may park in either the reserved green guest locations or any permit parking location. The only place they may not park is in an assigned covered carport spot. Q Does the Security Company or HOA make any money from towing my car? A No. By law only the tow/impound company profit from a vehicle tow. Reality is, it takes a lot of time to tow a vehicle. Both the board and security company view it as a last resort for someone that refuses to follow the rules of the community. It s likely that if you got towed you probably knew it was coming. Q I have a rental car. Can I park it where I want, it s not my vehicle after all? A No. Residents must follow all rules regardless of the vehicle they drive. Questions, contact Anaheim Hills Patrol. Q I m a tenant with a permit. If my owner fails to keep his account current am I at risk of losing my parking permit? A Yes. Q I have a valid handicap placard registered to my name, where do I park? A As private property, the community is not required to adhere to ADA law. We will however accommodate your needs on a case-by-case basis, please contact Anaheim Hills Patrol or the Board of Directors for more information. If granted, all permit requirements will still apply. If you still have questions about parking or permits, please contact Ron Duffin at Anaheim Hills Patrol (714) , address the Board of Directors in writing or bring your questions to the regular meeting of the Board of Directors. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 11

12 Architectural Rules & Guidelines All plans for improvement shall follow the rules as set forth in the CC&R's (see Articles IX and XI), and these Architectural Guidelines. These guidelines have been Board approved and will be implemented by the Architectural Control Committee. In the event of a discrepancy between these guidelines and the CC&R's, the CC&R's shall govern. 1. Interior Partition Changes: No person shall build, construct, erect or install any improvement, alteration modification or structural change to the interior of the condominium unit or garage (carport) until all conditions which may be imposed by the City of Anaheim have been satisfied and until any and all required plans and specifications are submitted to and approved in writing by the Architectural Control Committee. 2. Exclusive Use Common Area: No planting, construction, alteration, grading, excavation, modification, decoration, redecoration or reconstruction of patios, balconies, or courtyards shall be installed or maintained by any homeowner until the plans and specifications have been submitted to and approved in writing by the Architectural Control Committee. 3. Common Property: The planting, construction, alteration, grading, excavation, modification, decoration, redecoration or reconstruction of Common Property areas shall be prohibited. 4. Skylights: The installation of any skylights will not be permitted. 5. Window Tinting: Homeowner to obtain the established prescriptive standards from the Architectural Committee. Approved Architectural Application is required. 6. Screen Doors & Security Doors: Installation of screen or security doors are restricted to the unit "primary entry door only and shall be properly installed and maintained by the homeowner. Approved Architectural Application is required. 7. French Doors: Approved Architectural Application is required. 8. Balconies and Stairs: Homeowner shall be responsible for the necessary periodic resurfacing of their balcony and/or exterior stairs with a seal coat moisture barrier system. Such seal coat shall be of color and material as selected and approved by the Architectural Control Committee. Approved Architectural Application is required. 9. Patio Decking or Paver Stones: The proposed installation of patio decking shall be approved in writing by the Architectural Control Committee prior to installation. The design, style and materials shall be compatible with the existing building architecture. Patio decking or stone shall be installed to maintain proper drainage. Approved Architectural Application is required. 10. Patio Covers: The installation of a patio covers, sunshades or canopies of any type shall not be permitted. 11. Glass Patio Sound Walls: Unless already provided by the builder, glass patio sound wall enclosures shall be prohibited. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 12

13 12. Door Lockset: Only an approved lockset may be installed on your homes front door. Contact the management company for vendor and product information. 13. Miscellaneous: Items such as flag pole holders, bird feeders, hanging plant holders, wind chimes, hose hooks, bug zappers, lights and light fixtures, bamboo sun shades, etc. shall be regulated by the Architectural Control Committee. All such installations shall require the prior written approval of the Architectural Control Committee. Approvals. All improvements shall follow the rules set forth in the CC&R's and these Architectural Guidelines. Approval by the City of Anaheim Building Department does not constitute the approval by the Architectural Control Committee. The Architectural Control Committee reserves the right to inspect and reject any and all improvements. All improvements must be completed within ninety days of approval or another Request for Architectural Approval Form shall be submitted to the Architectural Control Committee. Since no fees are charged to the homeowner for approval, failure by the homeowner to obtain approval from the Architectural Control Committee for any proposed or existing improvement(s) shall be subject to any Assessment Fine(s) by the View Pointe Maintenance Corporation until such improvements are approved or existing improvement (s) shall be subject to removal. Appeal Process. In the event an architectural application is denied by the Architectural Committee, the owner may appeal the decision to the Board of Directors within thirty days of the denial. The Board of Directors will have forty-five days to review the appeal request at a Regular Board Meeting and render its decision to the homeowner. Fine Policy and Enforcement Your Board of Directors have been granted the authority by the CC&R s to establish a system of fines for violation of any rule or regulation in our Governing Documents. Article VI, Section 13 (excerpt) Violation & Fines 1. First Violation: Violation letter to homeowner requesting corrective action. 2. Second Violation: (if not corrected) Violation letter to homeowner. 3. Hearing: Homeowner hearing where the Board of Directors can vote to impose a fine according to the following fine structure First Fine: $50 for non-correction Subsequent Increase: Fines increase by $50 for each month thereafter until the violation is corrected. View Pointe Maint. Corp. Rules & Regulations Rev. B Page 13

14 View Pointe Maintenance Corporation Architectural Application Date Submitted: Owner Name: Phone Number: Viewpointe Address: Address: Description of Request: Reviewed By: Approved: Denied: Request for Information: Comments or Instructions: View Pointe Maint. Corp. Architectural Application Rev. A - September 2015