SMOKETREE HENDERSON DRIVE OWNER S ASSOCIATION Rules & Regulations. HOA fees Due to Accountant

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1 ANNUAL MEETING OF MEMBERS The annual meeting is held in the Club House the first Wednesday of August at 5:30 pm. At the annual meeting, each owner may vote in person or via proxy. The Association s Board of Directors (BOD) are elected in the annual meeting by secret ballot. MONTHLY BOARD OF DIRECTORS MEETINGS Monthly meetings of the Board of Directors (BOD) are held the first Wednesday of each month at 5:30 pm. Owners and residents are welcome to attend. Comments and/or suggestions from residents and off-site owners may be added to the agenda for the current or future meetings. To request that an item be added to the agenda please contact the Secretary. Motions and voting are the sole responsibility of Board members. In special cases, owners may also vote as required by the By- Laws and/or Declaration of Covenants, Conditions and Restrictions for Smoke Tree Owners Association. MONTHLY FEES Home Owner s Association (HOA) fees are due the first of each month, and may be electronically submitted or mailed to the accountant s office. Addressed envelopes are available from the Treasurer. HOA monthly fees 1 are due by the first of each month. If the fees are not received by the end of the month, the Accountant will send out a "Late Fee" letter 1 The fees are the monthly dues or assessment each unit is responsible to pay to the HOA. and inform the owner that a $25 late fee will be added to the amount due. If the account has not been paid in full by the end of the following month, the accountant will send a "Second Late Fee" letter informing the owner that the $25 late fee will be added each month for every month that is unpaid. If the fees (including penalties) have not been paid for a period of three months, the treasurer will request the attorney will file a lien against the owner, who will also be responsible for all legal fees and costs associated with the collection process and the lien. Any payment made will be credited against the earliest delinquent month(s), and if the account is not paid in full at the time of payment, including all penalties due, this procedure will be re-initiated starting at the first of the earliest month for which full payment has not been received. Process of Monthly Home Owners Association Fee Jan 1 Feb 1 March 1 April 1 HOA fees Due to Accountant Late Fee Letter and additional $25 penalty 2nd Late Fee Letter plus $25 penalty for Jan and $25 penalty for Feb Lien Filed Against Owner s Property plus $25 Jan and 1

2 $25 Feb and $25 Mar IMORTANT REQUIREMENT: The HOA is responsible to contract for and maintain fire, casualty, liability, worker s compensation insurance, legal and accounting services for the complex. Owners are responsible for insurance coverage for inside structure of each unit and the contents. The HOA provides maintenance, utility, gardening and other services benefiting the Common Area. REGULATIONS GOVERNING THE COMMON AREA The common area includes the entry to the complex, driveways, mail kiosk, lawns, parking spaces, landscaped areas and the fenced recreational areas (clubhouse, pool, spa and restrooms). Rear patios are legally part of the common area but are understood to be for the private use of individual occupants as long as regulations are observed and they are properly maintained by the owner. Except for termite control, owners are responsible for maintenance of rear patio structures (decks, overhead covers, fences) inasmuch as these have been installed by owners. (Exceptions: Units 9-12 as the model homes for the complex) ARCHITECTURAL AND LANDSCAPING REGULATIONS No exterior changes or additions to the building or landscaping may be performed by homeowners unless approved by the Board of Directors. Architectural Request forms are available from the Board. Approved changes must be executed according to the approved plans. Projects completed and/or executed contrary to the Board s approval will be removed within 30 days at the owner s expense. Failure to remove unauthorized changes, within the timeframe, will result in the Board s authorization of work to be done at the owner s expense. The owner may be assessed an additional fine for failure to comply with Board regulations. TV antenna and satellite dish installations are regulated by the Board. Rules for installation and owner notification forms are available from the Board. Patio fences are the responsibilities of each owner and are not covered under the HOA monthly maintenance or replacement except for treatment of termite infestation. Without prior Board approval, residents may not water, prune or apply insecticide to any vegetation in the common area, except for their entrance areas, walkways and patios. To control pests and rodents, no bird feeders may be placed within the common area or in patios. All standing water containers such as birdbaths must have the water changed on a regular and must have prior Board approval. TRASH 2

3 Trash and recycled materials are collected every Thursday. Trash is collected one day later following a holiday. Containers may be put out no earlier than 4 pm on Wednesday, and must be removed by Thursday evening. At all other times, containers must be kept out of sight of neighboring units and not visible from the street. Only materials approved by the City of La Mesa may be placed in the trash containers. Fluorescent bulbs are not to be put in trash and are to be disposed of in the dumpster in the enclosed area opposite units The dumpster is for common area gardening waste and should not be used otherwise. Residents may obtain garden waste receptacles for individual use from EDCO. VEHICLE USE AND PARKING Driveways within the complex are reserved for vehicular traffic only. Bicycles may be used to enter and exit the complex but may not be used within the complex for recreation. Skateboarding within the complex is not allowed. Speed limit in the complex is 10 miles per hour. Parking spaces are intended for visitors or temporary residential parking. Cars belonging to residents should be parked in garages; no more than one resident-owned vehicle per unit may be parked outside. To avoid damage to sprinklers, cars may not be backed into spaces. Parking is permitted only in designated spaces except for temporary loading and unloading. Vehicles parked in driveways in front of garages overnight or otherwise in violation of these regulations are subject to fines/towing. The following are prohibited within the common area: Overnight parking in front of garage. Parking of recreation vehicles except for temporary loading and unloading. Parking of unsightly, inoperative, unlicensed or unused vehicles. Use of commercial vehicles of one ton capacity or more except during the course of work within the complex. Maintenance or repair work on vehicles. Loud music from vehicles. Garage doors should be kept closed. Following a warning, failure to observe these regulations may result in a fine and/or towing of vehicles at owner s expense. RECREATION AREA Games and activities for adults and/or children may not take place outside of the pool/club house area. The pool and clubhouse are for the enjoyment of all residents and their guests. (A house sitter for more than three consecutive days is considered a guest). Activities may not annoy or inconvenience other residents. No loud music or boisterous activity may take place. Minors under the age of 18 may use the pool, spa and/or clubhouse only if accompanied by an adult resident. Hours of use: The pool and clubhouse may be used only between the hours of 9 am and10 pm daily. Exceptions may be made by the Board for special events. 3

4 Each unit is issued a key for the pool area gates, rest rooms and clubhouse. The keys remain the property of the HOA and are not to be duplicated or given to a nonresident. (A housesitter is exempt.) The last person leaving the area must turn off the lights, heater/air conditioner; and secure all windows, doors, rest rooms and gates. Residents must accompany their guests when using the pool, spa or clubhouse, and are responsible for their guests (and their children s) conduct and for any damage they may cause. RECREATION ROOM Wet feet, clothing or towels are not permitted in the clubhouse. When there are multiple parties waiting to use the pool/ping pong table, play is limited to 30 minutes. Only residents have the right to reserve the clubhouse. There may be no exclusive use of the pool or spa. Written reservations are to be made with the Treasurer at least a week in advance. A notice of the event will be posted on the mail kiosk. A deposit of $100 may be required and will be refunded if there is no damage or need for cleaning. Note: Boards are available to cover the billiard table for use as a buffet table. POOL/JACUZZI Posted rules are laws and carry the weight of sanctions. Violation of the posted pool rules may result in loss of pool use. Usual and customary swim attire is required. Pets are not allowed in the pool or clubhouse area. The following are prohibited in the pool, spa and adjacent areas: Use of soaps, bath oils or salts. Glassware of any kind (California law). Running on pool deck, boisterous activities on deck or in pool and diving (the pool is too shallow). Children under eight should not be in the spa. Inflatable toys and mats are permissible as long as their use does not restrict others. Life saving equipment is for emergency use only. PETS No more than two dogs of 30 pounds each are allowed per unit (La Mesa Code). Pets (dogs or cats) are to be indoors or on a leash at all times. Dogs may not be tethered or confined outside. Owners are responsible for animal behavior and for sanitarily removing their pets wastes. Caged birds are permitted but should not create noise that may be disruptive to others. The La Mesa City Code governs all unusual exotic pets. MISCELLANEOUS The following are prohibited within the SMOKETREE complex: Climbing on trees or fences Garage sales or businesses open to the public Signs, except for real estate signs, and those must be placed only at the entrance to the complex. 4

5 VIOLATIONS Violations of any of the above rules should be reported to the Board either in writing or verbally. Following a warning, continued failure to comply with HOA rules may result in a fine. PEST CONTROL Treatment for termites is included in the monthly HOA fees. Residents should report any signs of termite activity to a Board member promptly so that treatment can be scheduled. 5