IN

Transcription

1 RECORDING REQUESTED BY Bellefontame Condominium Owners Association DOCif IN OCT17,2011 4:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDERS OFFICE Ernest J. Dronenburg. Jr.. COUNTY RECORDER FEES: PAGES: 8 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Epsten, Grinnell & Howell, APC Willow Creek Road San Diego, California (Above Space for Recorder s Use) 2011 AMENDMENTS TO THE DECLARATION OF RESTRICTIONS FOR BELLEFONTAINE CONDOMINIUM OWNERS ASSOCIATION A Residential Condominium Project NOTICE (Govt. Code ) If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, 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 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. 114flv1 ( 1

2 2011 AMENDMENTS TO THE DECLARATION OF RESTRICTIONS FOR BELLEFONTAINE CONDOMINIUM OWNERS ASSOCIATION 9434 These 2011 AMENDMENTS TO THE DECLARATION OF RESTRICTIONS FOR BELLEFONTATNE CONDOMINIUM OWNERS ASSOCIATION ("2011 Amendments") is made on the day and year hereafter written, by Bellefontaine Condominium Owners Association, a California nonprofit mutual benefit corporation ("Association"), with reference to the following Recitals which shall be deemed to be part of and incorporated into these Amendments by this reference. RECITALS A. Association is a corporation whose Members are the Owners ("Owners") of the Condominium Units or separate interests within the following real property in the County of San Diego, State of California ("Property") described as follows: Lots G, H, & I in Block 282 of Horton s Addition in the City of San Diego, County of San Diego, State of California, according to map thereof filed July 21, 1871, in Deed Book 13, Page 522, in the Office of the Recorder of said San Diego County. B. The Property was developed as a Condominium Project, as defined in California Civil Code Section 1351(f), and consists of thirty Condominium Units ("Units") or separate interests and related Common Areas. C. Ownership of the Property is currently subject to the covenants, conditions, restrictions, rights, reservations, easements, equitable servitudes, liens and charges set forth in the following documents: 1. That certain Amended and Restated Declaration of Restrictions for Bellefontaine Condominium Owners Association recorded on June 17, 1999 as Document No ("Declaration"); 2. Any other amendments, annexations or similar documents containing restrictions applicable to the Property that may appear of record, all in the Official Records of San Diego County, California, hereinafter referred to collectively as "Declaration," unless the context clearly indicates otherwise. D. The Association now desires to amend Article 2, Sections ("Parking Areas and Vehicle Maintenance") and 2.5 ("Exclusive Use Common Areas") of the Declaration to authorize a procedure for correcting long standing, but unrecorded, usages of parking spaces, primarily relating to a parking space used by the Association for a booster pump and spaces used 1114(h,1 (2

3 9435 by the Owners of Units 403, 903 and 1102, as more fully described below in these 2011 Amendments. E. Under California Civil Code Section 1355, an amendment is effective after (1) approval of the percentage of Owners required by the governing documents has been given, (2) that fact has been certified in a writing executed and acknowledged by the Association President when no Officer has been designated by the Association for such purpose, and (3) the writing has been recorded in the County in which the Property is located. F. The Declaration, in Article 12, Section 12.1, provides that it may be amended by an instrument in writing approved by the vote or written consent of at least fifty-one percent of the Voting Power of the Association. G. By her signature and acknowledgment affixed to these Amendments, and as more fully set forth in Exhibit "A" attached hereto the President of Bellefontaine Condominium Owners Association certifies that, to the best of her knowledge and belief, the approval of the requisite percentage of the Voting Power of the Association has been obtained as to these 2011 Amendments, and thus this document is being recorded to give effect to these 2011 Amendments. NOW, THEREFORE, Article 2, Sections 2.39 and 2.5 of the Amended and Restated Declaration of Restrictions for Bellefontaine Condominium Owners Association are hereby amended to read as follows: Parking Areas and Vehicle Maintenance. No one may park any automobile or other motor vehicle in the Common Area, except in a space designated for the Owner by the Board or the Governing Documents. The parking appurtenant to each Living Unit shall be utilized for vehicular parking purposes in accordance with the Rules and Regulations, and nothing other than a motor vehicle may be stored in it, except that parking space P may and shall continue to contain a booster pump and/or other building maintenance equipment installed by the Association for the benefit of the building. No automotive overhaul or maintenance work, in the absence of an emergency, shall be performed on the Property. The interior of the parking area shall be kept clean. No work involving the use of motor power equipment or other work causing excessive noise shall be performed or undertaken. No washing of cars is permitted in the Common Area. 2.5 Exclusive Use Common Areas. Each Unit includes the exclusive right to possession and occupancy of at least one parking space and one balcony space as assigned in each Owner s deed. Certain Owners were assigned a second parking space by the developer at the time their units were originally purchased. Parking space designations as shown in the Condominium Plan are indicated on Owners deeds. The Board shall be empowered to act on behalf of the Association to address two problems known to exist in First, at some time before 1985, 1114flv1

4 the Association apparently asked, and the Unit 403 Owner agreed, to allow the Association to install a booster pump in parking space P assigned to Unit 403. In exchange, the Association agreed to give the Unit 403 Owner the right to use unassigned parking space PS-1-1. However, nothing was ever formally reduced to writing or Recorded in any manner with the Office of the County Recorder so that the exclusive right to possession and occupancy of parking space PS-1-1 would appear on the Unit 403 Owner s deed. Second, there was an apparent typographical error on the original deeds from the developer for Unit 903 and Unit 1102, an error that was not known until the sale of Unit 903 in It was discovered that the original Unit 903 Owner and the original Unit 1102 Owner were both deeded the exclusive right to possession and occupancy of parking space PS-1-3, whereas one of these Owners was meant to be deeded parking space PS-1-3 and the other to be deeded parking space PS To correct both of these situations, the Board is empowered, on behalf of the Association, to sign a deed or take whatever action may be necessary to transfer the exclusive right to possession and occupancy of parking space PS-1-1 to the Owners of Unit 403 so long as the Owners of Unit 403 transfer the rights to use parking space P to the Association, except that Owners of Unit 403 may reserve the right to continue to use the storage locker attached to the East wall of parking space P Any transfer from the Owners of Unit 403 to the Association of the rights to use parking space P shall be considered a transfer of such space for use as Common Area including the right to place and maintain a booster pump in parking space P-1-403, and any transfer from the Association to the Owners of Unit 403 of the rights to use parking space PS-1-1 shall be considered a transfer of the exclusive right to possession and occupancy of the area designated as PS-1-1 on the Condominium Plan. Likewise, the Board is empowered, on behalf of the Association, to sign a deed or take whatever action may be necessary to transfer the exclusive right to possession and occupancy of parking space PS-1-4 to the proper party. The responsibility for determining the proper party shall be the responsibility of the Unit 903 and Unit 1102 Owners and/or their respective title insurance companies, not the Association. The Association, through the Board, may take whatever actions reasonably may be needed for a title company to insure the titles to the Units in question, so as to correct the problems identified by these amendments on a permanent basis. The Association, through the Board, shall also be empowered to take other corrective actions that may be necessary to address similar problems involving parking that may currently exist but as yet are undiscovered. However, the Board shall have no power to deed or permanently transfer the rights to any unassigned parking space to any Owner. (Unassigned spaces at the time of this writing in 2010 are P-BF-803, PS-1-1, PS-1-9, and PS If this amendment is approved, P would become an unassigned space and PS- i-i would become an assigned space.) 1114flv1 (4)

5 9437 If the Association grants the exclusive right to possession and occupancy of any parking space as provided in this section, it will not receive any monetary consideration paid to it by the Owners who receive the benefit. These rights are intended to memorialize conditions that have existed for several decades. The Association will continue to provide fire and casualty insurance for the Association s Common Areas, including the parking spaces, but it does not provide property and casualty insurance for vehicles or any personal property Owners may place in their respective parking spaces or liability insurance for the acts or omissions of Owners in or relating to their parking spaces. All Owners who have the exclusive right to possession and occupancy of a parking space are responsible for their own acts, omissions or other liabilities relating to those spaces and should have their own liability insurance to cover such risks. Each Exclusive Use Common Area shall be used only for the purposes set forth in this Declaration. The right to use an Exclusive Use Common Area shall be exercisable only by the Owner of the Unit appurtenant thereto and/or said Owner s tenants and licensees. Conveyance of a Unit shall effect conveyance of Exclusive Use Common Areas appurtenant thereto and shall transfer all rights thereto to the vested Owner of the Unit. Any licenses thereto shall be terminated upon such conveyance. No Exclusive Use Common Area or any rights thereto (other than said revocable licenses) shall be transferred or conveyed apart from conveyance of the Unit to which they are appurtenant, except as otherwise provided in this section. Exclusive Use Common Area shall be deemed to be Common Area for all those purposes set forth in this Declaration which are not inconsistent with this Declaration. Subject to Rules and Regulations, each Owner shall have the right to place furniture and potted plants on any Exclusive Use Common Area which the Owner has the exclusive right to use, and should any Exclusive Use Common Area have appropriate areas therefor, to landscape and plant flowers and shrubs which do not unreasonably interfere with the enjoyment of adjacent Units or other portions of the Common Area. Each Owner shall have the right to park and store one (1) vehicle in the parking space which he has the exclusive right to use, so long as the vehicle fits under the garage gate and into the parking space without unreasonably interfering with vehicles in adjacent spaces. Except as provided in this Section, nothing contained herein shall give any Owner the right to paint, decorate, remodel or alter said Exclusive Use Areas or any other part of the Common Area without the prior written consent of the Board. This completes the text of these amendments. It is intended that the terms of these amendments shall control to the extent any other provisions of the Declaration may conflict with them. If there is any error or omission in these amendments that is discovered after the date 1114I)v1

6 RAW these amendments are recorded, the Association, through the Board, reserves the right to record a document to correct any such error. Except as expressly modified by these amendments, all remaining provisions of the Declaration not shown above, shall remain in full force and effect. These amendments shall take effect immediately upon recording. IN WITNESS WHEREOF, the undersigned has executed these 2011 Amendments and certified to their approval on the date indicated in the attached acknowledgment. Bellefontaine Condominium Owners Association, a California nonprofit mutual benefit corporation By: Carol Frances Venable, President [A cknowledgment follows on the next page. The remainder of this page is blank] 1I1c400 (6

7 STATE OF CALIFORNIA) ) ss. COUNTY OF SAN DIEGO) NOTARY ACKNOWLEDGMENT 9439 On O ł6i z 4" 20 it before me, Ltt-v-i r-4 &?6rn5 t,1 N Pu Date Name and Title of Officer (e.g. iane Doe, Notary Public") personally appeared (L4i2o L 1Q-44-iCS V t74i4 1, LL Name of Signer 1NNEPOTTE 1 Commission # Notary Public - California z Z San Diego County My Comm. Expires Oct Place Notary Seal Above Signature of Notary Public Who proved to me on the basis of satisfactory evidence to be the personk whose name(s) we subscribed to the within instrument and acknowledged to me that 4% (sthey executed the same in hi&tttheir authorized capaci, and that by his/thsir signatures5 on the instrument and the person), or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal ) e tt OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /- 6X t) M 1Vr $ m n,sth- c ri Document Date:ºl c 4?z) I i Signer Other Than Named Above: Number of Pages:! cim )1 h ( C; (ION 00 ini J 4)z..5-5oe.ii-rio 5 Individual I Corporate Officer Title: Partner- 0 Limited 0 General Attorney-in-Fact Trustee Guardian or Conservator Other: IMM-M CAPACITY(LES) CLAIMED BY SIGNER(S) Signer s Name: Signer is Representing: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer s Name: Individual Corporate Officer Title: Partner- 0 Limited 0 General E Attorney-in-Fact Trustee Guardian or Conservator I Other: Signer is Representing: I (7)

8 Exhibit A Certification of President As to ADDrOVa1 of Amendments I, Carol Frances Venable, declare and state as follows: 1. I certify that I am the President of Bellefontame Condominium Owners Association, a California nonprofit mutual benefit corporation (hereafter "Association"). 2. As provided in California Civil Code Section 1355, I have executed this certification to certify that the amendment requirements of the Declaration have been met. 3. I certify that there are currently thirty condominium Units that are subject to the Declaration, and each Owner has one vote for each Unit owned in the Association. 4. I certify that, based on the facts recited in Paragraph 3 above and according to Article 12, Section 12.1 of the Declaration, the Declaration may be amended by an instrument in writing approved by the vote or written consent of at least fifty-one percent of the Voting Power of the Association. thus at least sixteen affirmative votes are needed to amend the Declaration. 5. I certify that, at a Board meeting held on April 19, 2011, the Election Inspector opened the ballots and tallied the votes on these Declaration amendments. The Election Inspector determined that the foregoing Declaration amendments received twenty-six affirmative votes and zero negative votes. 6. Since these 2011 Amendments were approved by the affirmative votes of at least sixteen Owners, I certify that these 2011 Amendments have been approved. On behalf of the Association, I declare under penalty of perjury under the laws of the State of California that the foregoing facts are true and correct. Executed on October JJ 2011 at San Diego, California. By: Carol Frances Venable, President ( 8 )