Capitola Greens Homeowners Association. Rules and Regulations

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1 Capitola Greens Homeowners Association Rules and Regulations (As Amended July 2000) The nature of condominium living requires that each of us as homeowners/tenants and members of a close community recognize that special obligations and responsibilities of sharing and maintaining a common area and living in harmony. Self-government of this community requires mature acceptance of restraints on our individual desires and life styles. The Association s governing documents grant the Board of Directors with full authority to draft and enforce our Rules and Regulations, in accordance with California Civil and Corporate Codes. We wish to clarify and publicize our enforcement policy to all owners and residents, in the interests of fairness and due process. Unit owner enforcement: Article 31 or our CC&Rs (p.22) grants enforcement power to all unit owners. Therefore, any direct request for compliance with our rules and regulations made by a unit owner to any resident is legitimate and must be respected. This also applies to requests made to children and guests in the common area. Residents are responsible at all times for the behavior of their household members and guests. Failure to comply may lead to formal action. Board enforcement: Violations come to the Board s attention through resident complaints or through the direct observation of our Management Agent or Board members. The management agent will send a letter to the owner of the unit in question, describing the alleged violation and requesting prompt compliance. The owner will have ten (10) days to seek clarification of the rule infraction, request details of our documentation of the matter, and present evidence in self-defense, if the violation is contested. As much as the owner may dislike the existing rule, that is a matter that must be discussed separately with the Board, once the violation is resolves. If the violation is not permanently resolved in fifteen (15) days, a fine of $75.00 will be imposed. When a notice has been sent, and if an effective defense has not been made, any continuation or repetition of the offense will incur additional fines as follows: second violation - $150.00, third and continuing violations $ each. Further failure to comply will result in our seeking a court injunction or binding arbitration against the owner. Our CC&Rs grant us the authority to recover court costs and reasonable attorney s fees in this event. Should any owner/tenant wish to request a temporary exception to the Association Rules and Regulations, the request must first be submitted in writing to the Management Agent for the Association, who will refer it to the Board of Directors for its consideration and action.

2 Investor/Tenant It is the owner s or his agent s responsibility to provide any leaseholder with a copy of these Rules & Regulations. Copies may be obtained from the Board or its Agent. All lease agreements must contain a clause, which references the fact that tenants have received a copy of these Rules and Regulations. Tenants may be evicted for failing to abide by our rules. It is the owner s or his agent s responsibility to notify the Association s Management Agent in writing of the names of the tenant or any change in the tenancy of the unit. This notification shall include the phone number(s) of the tenant(s). Failure to provide this information is a violation of these Rules and Regulations. The fine for such failure to provide this information by the first day of the month following tenancy is $ This fine shall be $50.00 for each successive month until the information is provided to the association management office. Building & Grounds 1. All exterior repairs and maintenance necessitated by intentional negligent or careless acts of any resident or guest shall be repaired by the responsible owner to the satisfaction of the Board within (30) thirty days of the occurrence. If the owner does not repair such damage within (30) thirty days of the occurrence, then the repairs shall be completed under the direction of the Board and shall be charged to the owner, If necessary, a lien shall be maintained on the unit until payment has been made. 2. No alterations, modifications, additions, or changes in the exterior design or finish of the building or landscaping of any Common Area shall be undertaken by any owner or leaseholder without written consent of the Board. 3. No owner or leaseholder shall erect any antenna or wiring on the exterior of any building without written consent of the Board. Failure to secure written consent in advance will cause the item to be removed at the owner s expense. The owner may then apply in the proper manner for any exemption to the standard rule. 4. No resident shall keep any unsightly object in or about his unit which is visible from the exterior of such unit; determination of what is an unsightly object shall be at the discretion of the Board of Directors. 5. No signs of any kind are to be erected on or placed in the Common Area by owners or leaseholders at any time. One (1) FOR SALE sign of reasonable and customary dimensions may be placed within the inside window of a unit and one (1) at curbside in the reasonable and customary manner. 6. Garden hoses must be stored off of the ground on a suitable hanger in a coiled fashion. Contact the association manager for a list of suitable hose hangers. 2

3 7. The Association shall be responsible for repair and maintenance of the Common Area occasioned by the presence of wood destroying pests and organisms. Such repair and maintenance shall occur during the painting cycle (5-6) years as determined by the reserve study based on inspections and recommendations from professionals retained by the Association. Severely damaged wood may be replaced sooner. Maintenance shall not include eradication of structural pests. This shall not preclude any individual owner from performing local eradication within the areas affecting their unit at their own expense upon written approval of the Board. (Adopted 05/29/02) Garbage Each resident must contact Waste Management ( ) to arrange for service. Each unit resident is responsible for the storage of his individual garbage containers. Containers will be stored inside of units with garages and within the enclosure at the rear of those units without garages. Garbage collection is early Friday morning. It is the resident s responsibility to place his containers outside on Thursday evening or early Friday morning. Empty containers must be removed from the Common Area as soon as possible, but not later than 8:00 PM Friday. Those residents who may require special pick-ups must make individual arrangements by contacting Waste Management. The Association will not be responsible for any charges incurred by residents. Vehicles All of the streets within the Common Area are private streets subject to the control of the Board of Directors. 1. The speed limit on all streets shall be 5 MPH All users shall exercise due care. 2. Skateboards are not permitted on the driveways. Bicycle riding is only permitted on driveways. Unlicensed vehicles are prohibited. 3. No trailers or boats shall be parked in any of the parking areas or on the common grounds. 4. Recreation vehicles may be parked in designated spaces as long as they do not block other vehicles or create a blind approach that hinders safe movement of pedestrians or vehicles. 5. There shall be NO PARKING on any roadway at any time. 3

4 6. Occupancy of RVs is not allowed at any time within the Common Area. 7. The parking space to the outside of the carport is assigned to the end unit. 8. Parking is not allowed at the end of concrete paths. This is an impediment to emergency vehicles and personnel. 9. One vehicle shall be parked in front of one-car garages; two vehicles shall be parked in front of two-car garages. Any attempt to park more than this designated number of vehicles in front of garages is prohibited. 10. Residents are not allowed to park in visitor parking areas without written approval on file at the association management office. 11. Parking is not allowed where it would block another vehicle or garage. 12. Parking is not allowed where it would impede the progress of any emergency vehicle. 13. No owner or resident shall keep any disabled or inoperative vehicle or make or cause to be made any major repairs in any open area. 14. Violations will cause the removal of the subject vehicle at owner s expense and / or a fine imposed by the board on the owner. Children 1. Minor children shall be under the direct control of their parents or other adults at all times. Small children (under eight (8) years old) shall not be left unattended outside their units. 2. Children are not permitted to climb or sit on fences or roofs. They shall not engage in any activity that is possibly harmful or damaging to the Common Area or themselves. 3. The Common Area is for the daylight use and enjoyment of all residents and guests. It is not to be used as a playground area for organized group sports, games or activities that unreasonably interfere with the use to the Common Area by others. 4. The Common Greens may not be used as a play area for sports and games of any kind. 5. Large toys, bicycles and other playthings shall not be left in the Common Area. 6. Skateboarding, roller-skating, etc. is prohibited within the Common Area. 4

5 Pets 1. No animals, except ordinary household pets shall be kept by any resident in or about the Common Area. Pets shall be limited to two per unit. 2. All pets are to be under the immediate control of the owner. 3. No pet shall be permitted outside the owner s unit on any Common Area unless secured by a leash or other suitable restraint. Any pet found running loose will be turned over to the Animal Control Center. 4. No pet shall be left unattended in the Common Area, even though secured on a leash or other restraint if the pet behaves as a nuisance or danger to residents. 5. Written notices to control the animal will be given by the Board to an owner whose pet unreasonably created a disturbance or other nuisance. 6. If after such notice, the owner(s) fail to control the pet, then the owner of the unit in which the pet resides, shall be subject to the standard fine. If after notice and assessments of a fine, and owner continually fails to control a pet, then the Board may, in it absolute discretion, order the owner to remove the pet from the Common Area and unit. 7. The owner of the unit where the pet resides shall be liable for all damages to any part of the Common Area caused by the pet. 8. The owner/tenant of the unit in which a pet resides has the responsibility to clean up after the pet. This has been a common and persistent problem. The Board will exercise its authority vigorously when complaints arise. Prohibition of Nuisances Nuisance is defined as any activity, condition, business activity or thing which causes trouble, annoyance, or inconvenience and disturbs the privacy and quiet enjoyment of the residents. The Board of Directors shall, at its discretion, give notice for the abatement of nuisances and levy fines against unit owners who refuse to comply with such notices. *** Leaseholder acknowledgement: Unit: Sea Pines Court Date: 5

6 Date: 10/02/ :11 6

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