Capitola Shores HOA. Rules and Regulations. Mission: To make Capitola Shores a safe, happy and beautiful place to live.

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1 Rules and Regulations Mission: To make Capitola Shores a safe, happy and beautiful place to live. Please be considerate of your neighbors. Capitola Shores is a condominium project. Common Area is defined as outside of the interior surface of your perimeter walls. Exclusive Use Common Area is defined as that Common Area design to serve your unit only i.e. carport, storage closets approved patios. 1. Landlords must ensure that tenants have received and understand the rules and the CC&Rs. 2. No building, fence, wall, pool, spa, obstruction, outside or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, trellis, addition, improvement or structure of any kind shall be installed, erected, painted, repainted or maintained on the property. No exterior or interior alteration, improvement or change, or structural modification of any kind can be made unless it has been approved in writing by the Board, or by the Architectural Committee appointed by the Board. 3. Owners, tenants or guests may not install signs in the Common Area. 4. Owners, tenants or guests may not install satellite dishes unless they are approved, in writing, by the Association prior to installation. Any unapproved satellite dishes are subject to monetary penalties. 5. Window coverings should be designed for windows and must be of a neutral color. 6. No charcoal, or open flame devices (B.B.Q.s, fire pits etc) are allowed anywhere on the property and may be removed without notice. Propane devices are permitted. 7. No more than two household pets may be kept per unit. Dogs must be leashed at all times outside the unit and picking up any pet waste immediately is mandatory. 8. No RVs, boats or trailers in the Common Area or Exclusive Use Common Area. 9. Parking is authorized in the assigned carport and apron. 10. Vehicles should not be parked with the exhaust facing the wall to prevent exhaust damage. 11. All vehicles on the property must be operable with a current registration. Inoperable vehicles may be towed without notice at the owners expense. 12. No parking in Fire Lanes or in Common Areas. Vehicles in fire lanes may be towed without warning 13. Oil dripping in the Common Area will be cleaned up immediately AT THE OWNERS EXPENSE. Reimbursement costs are currently $100 and may be subject to change. 14. No vehicle repair or vehicle painting of any kind on the property. Immediate, emergency repairs to vehicles are permitted. Approved: September 14, 2011 Page 1

2 15. No storage in carports, on patios, on balconies or under stairs. This includes bicycles. Bicycles may be stored in the storage cabinets or closets or directly in front of your vehicle in the carport. Bicycles cannot be stored on the sides of the carports. 16. Only outdoor patio furniture is allowed in Exclusive Use Common Area patios or balconies. 17. Laundry rooms are for the use of building residents ONLY and should be kept clean and locked at all times. 18. Washers and dryers may only be used from 7a.m. to 10pm. 19. Refuse areas should be kept clean and free of debris. All containers must be at curbside by Monday night at 10pm and replaced in the refuse area by 10pm on Tuesday night. Trash cans left out after Tuesday 10p.m. are subject to a reimbursement fee. (currently $16) 20. Owners, tenants or guests may not dry clothing/towels/wetsuits on balcony railings or patios. 21. No skateboarding in the Common Area 22. Holiday decorations must be removed within two weeks of the holiday. 23. Plants restricted to 10 pot maximum (8 to 20 only) and must be placed on approved patios. No hanging plants or plants may be on the walkway or stairways. In #4 units plants must be elevated to allow air space under plants to prevent wood decay to the deck. 24. Nothing may be placed in existing landscape without written approval from the Association. This includes potted plants, plantings in lawns or planting beds, or any other decoration. 25. Enhanced landscapes around planting area or anywhere and within landscape without written approval are subject to monetary penalties and removal without notice. 26. Pest Control if a unit is infested with insects or pests the owner is required to correct the problem and inform adjacent unit owners. 27. Landlords must notify management of any change of residency and provide necessary information. Violations of the Rules are subject to monetary penalties. Please see Schedule of Monetary Penalties. Approved: September 14, 2011 Page 2

3 Pool Rules 1. The pool is open from 6:00 a.m. to 9:00 p.m. from Spring to Fall. 2. Use of the pool is subject to the posted warning, No Lifeguard on Duty. Children under 14 years of age, by state law, must be accompanied by an adult (18 years or older). Persons using the facility do so at their own risk and have no further recourse towards the Homeowners Association. 3. ALL Persons using the facility must comply with the rules. Violations will result in use restrictions, penalty assessment, or both. All residents can help enforce the pool rules. The pool will be in operation as long as proper use permits. If vandalism or misuse of the pool takes place, it will be closed. Guests are welcome to use the pool when accompanied by an adult resident. Because the pool is small, each unit is limited to two guests per day. 4. People using the pool must wear swimming attire. Street clothes are acceptable only when supervising children. Swimwear must be hemmed. No jeans or cutoffs in the pool. 5. The following behavior is unacceptable in the pool area: A. Profanity and/or loud offensive language or Music (electronic devices with headphones are permitted) B. Fighting, rough play and towel fights. C. Diving D. Running 6. The following items are not allowed in the pool area: A. Pets (dogs, cats, etc.) B. Bicycles, skateboards, scooters, etc. C. Glass of any description. D. Food E. Alcohol F. Toys or inflatable devices G. Disposable diapers H. BBQ s 7. Owners are to ensure that all residents and guests read and understand these rules. All will be expected to abide by them. 8. Please close the entry gate securely when leaving the pool area and do not open the pool for anyone other than your immediate party. Failure to abide by these rules may result in revocation of pool privileges. 9. Vandalism hurts us all. If you observe an incident, please contact the management office ( ) or call Capitola Police ( ). Approved: September 14, 2011 Page 3

4 Schedule of Monetary Penalties REFER TO CC&RS FOR THE SPECIFIC LANGUAGE IN THE FOLLOWING ARTICLES ARTICLE IX Section 9.01 Architectural Control $ Section 9.02 Common Area $ ARTICLE X Section Residential Use $50-$ Section Common Area $50-$ Section Prohibition of Noxious Activities $50-$ Section Temporary Structures $50-$ Section Household Pets $50-$ Section Signs $50-$ Section Business Activities $100-$ Section Garbage and Storage $50-$ Section Exterior Storage $50-$ Section No Common Area Maintenance $50-$ Section No Structural Alterations $100-$ Section No Alteration or Antenna $100-$ Section Parking and Vehicle Restrictions $50-$ Section Use of Private Streets in Common Areas $50-$ Section Barbecues $50-$ Section Sports Apparatus $50-$ Section Sidewalks $50-$ Section Machinery $50-$ Section Compliance with Local Laws $50-$ Section Restriction of Further Subdivision $500-$ Section Diseases and Insects $50-$ Section Window Coverings $50-$ Section Heavy use of Electrical Power $50-$ Section Floor Coverings $50-$ Section Flags $50-$ Violations not listed above Single Event Nuisance Violations - $50 fine Recurring Event Violations - $50 per day A per diem fine in addition to the original fine accumulates for any repetitive violations within one year that occur following issuance of a formal complaint notice. Pool Violations - $50 per violation A per violation fine accumulates for any repetitive violations within one year that occur following issuance of a formal complaint notice. See the following for monetary penalty procedures Approved: September 14, 2011 Page 4

5 Here are the steps involved to pursue violations of the rules. 1. The Board receives and acts to investigate a complaint. 2. If a violation of the rules (or other Association Management Documents) is alleged to exist the Board delivers a notice by U.S. mail to the unit owner s address. 3. The letter of notice contains a brief description of the alleged violation and, if appropriate, a date by which to correct any violation. Should it become necessary to impose a monetary penalty because the violation has not been corrected, a notice of monetary penalty hearing will be sent. 4. The letter of notice indicates the opportunity for the owner to be present at the hearing. The hearing may not occur sooner than 10 days from the postmark of the letter. 5. Delivery of the hearing results and Board decision will be sent to the owner is within 15 days after the hearing; and the Board decision becomes effective immediately. THE FOREGOING FINE SCHEDULE IS BASED ON LEVEL OF NUISANCE CAUSED BY THE VIOLATION AND THE DEGREE AT WHICH A PARTICULAR VIOLATION MAY CAUSE A LIFE SAFETY ISSUE. PLEASE REFER TO THE ASSOCIATIONS CC&RS FOR FURTHER DESCRIPTION. A VIOLATION IS CONSIDERED A SINGLE ACT OR OMISSION OCCURING ON A SINGLE DAY. THEREFORE, A MONETARY PENALTY MAY BE ASSESSED ON A PER DAY BASIS. ALL MONETARY PENALTIES WILL ONLY BE ASSESSED AFTER PROPER NOTICE OF HEARING BEFORE THE BOARD OF DIRECTORS TO CONSIDER MONETARY PENALTIES, TEN (10) DAYS PRIOR AND NOTICE OF THE RESULT OF THE HEARING FIFTEEN (15) DAYS THEREAFTER TO THE ALLEGED VIOLATING OWNER. THE IMPOSITION OF A MONETARY PENALTY DOES NOT PRECLUDE OTHER ENFORCEMENT REMEDIES AVAILABLE TO THE BOARD OF DIRECTORS AND WOULD BE IN ADDITION TO ACTUAL DAMAGES CAUSED BY THE VIOLATION. Approved: September 14, 2011 Page 5