San Clemente - Cypress Pointe Homeowners Association. (The Breakers Community) Rules & Regulations
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1 San Clemente - Cypress Pointe Homeowners Association (The Breakers Community) Rules & Regulations SECTION A: STATEMENT OF GENERAL POLICY 1. Purpose The following Cypress Pointe Homeowners Association ("CPHA") Rules and Regulations are promulgated for the purpose of promoting the health, safety, and welfare of the residents, for the preservation of the aesthetic value of the development and community, and for the enjoyment and benefit of Homeowners and their guests. 2. Authority These CPHA Rules & Regulations are adopted pursuant to the governing documents of this Association and California Civ. Code These Rules and Regulations have as much force as that of the CPHA's Declarations of Restrictions (CC&R's). 3. Scope The following Rules & Regulations are, in part, a concise restatement of the CPHA's CC&R's. Interpretation has been exercised where necessary in order to provide a more specific and itemized text as to what is expected of Homeowners, their tenants, and their guests to address those occasions and situations considered unique to the Cypress Pointe Homeowners Association. They should present a clear picture to Homeowners of exactly what guidelines should be adhered to in order that the community be a pleasant one in which to live. In no instance is it the intent of these Rules & Regulations to liberalize, limit, or in any way change or modify CPHA's CC&R's. In the event of a conflict or inconsistency with any section of the CPHA's governing instruments, the CC&Rs shall prevail. SECTION B: GENERAL 1. Peddling and solicitation is prohibited, except in the case of a resident child's funding event. 2. Trash containers shall not be put out for collection more than 24 hours in advance and are not permitted to remain left out overnight after the collection. 3. Garage doors shall remain closed when not in use. 4. The use of portable, temporary playground equipment or basketball stands must be placed on the owner's property. When not in use, it must be stored and not visible from an adjacent neighbor's lot or common area. 5. The following activities, skateboarding, rollerblading, biking, and other similar activities are done at your own risk. The Association is not liable for any accidents or injuries that may occur during these activities. No skateboarding is allowed on Ave de las Palmeras, per Cyprus Shore Community Association rules and regulations. 6. No items such as sporting equipment, toys, etc. are permitted to remain in the common area unless in use. 7. No drones/uavs shall be permitted to hover or fly over any residential lots or properties unless permission has been obtained from the owner of said property. 8. Owners / residents have a right to quiet enjoyment of his/her property. Ongoing loud noise, such as a barking dog, skateboard ramp, loud music, etc, constitute a nuisance and are not allowed in the community. 1
2 9. Special events conducted in the common area must be approved by the Board of Directors a minimum of seven (7) days in advance of the event. 10. Foliage along perimeter walls of a residence must be kept even with the walls adjoining the common areas. Foliage should be trimmed to avoid obstruction of common areas such as sidewalks, and neighborhood lights and signs. 11. Homeowners are responsible for maintaining their property in a well-maintained condition. This includes the exterior of the house, landscaping, garage doors, gates, fences, and driveways. Malfunctioning items or unsightly visual appearance must be corrected immediately. 12. The exterior of homes should be repainted in order to maintain the visual appearance of the neighborhood. It is recommended that painting should be done at least every 10 years. 13. Common areas, including sidewalks and streets, may not be altered or marred at any time. 14. Exterior visible changes must be cleared by the Architectural Review Committee prior to commencement of work (See Application for Architectural Changes). 15. Homeowners and their guests should be cautious of the possibility of animals and children playing when driving through the neighborhood. The speed limit for driving in The Breakers is 15 mph. Homeowners and their guests are responsible for the safety of their children and animals, and they are discouraged from permitting activities that put children and animals in danger on the streets. SECTION C: ANIMALS 1. Dogs must be on a leash when in the common area outside the confines of a residence or fenced yard. 2. Owners/residents shall be liable for any noise, injury or damage to a person or property caused by any pets. 3. Pets that bark on a continued basis are prohibited and may be determined to be a nuisance by the Board of Directors. Any pet determined to be a nuisance is prohibited. 4. Animal droppings are required to be quickly picked up and disposed of properly. SECTION D: PROPERTY FOR SALE/LEASE 1. Owners listing their property for sale or lease must notify the management company of the listing of their property and listing agent contact information (if applicable). 2. The security guard must be notified of any appointment to show a property by a listing agent. Open houses are not permitted. 3. No more than one "For Sale" or "For Lease/Rent" sign is permitted on a listed property. Signs are not permitted in the common area. 4. No keys for the purpose of showing property are to be left with the security guard. 5. Owners are required to provide new buyers or tenants with a copy of the CPHA ("Cypress Pointe Homeowner's Association") CC&R's, CPHA Rules & Regulations, and the CSCA ("Cyprus Shores Community Association") Rules & Regulations prior to close of escrow or occupancy. 6. Short-term rental of property less than 90 days is not allowed. Owners are responsible for ensuring that renters abide by the Rules and Regulations and CC & Rs of CPHA. SECTION E: ENTRY/GUESTS/SERVICE WORKERS 1. Only property owners, residents, their authorized guests, service workers, and Cypress Pointe Pool/Tennis Members are permitted. No "blanket' or "open" guest invitations are permitted. 2. Residents must notify the Guard Gate daily regarding the names of guests. 3. Guests must be accompanied at all times by owner/resident when using the beach, pool, or tennis facility. 4. Only owner/residents and Cypress Pointe Pool/Tennis Members are permitted to authorize guests for entry. 5. Guests and service workers operating a vehicle must obtain a temporary Guest/Service worker vehicle pass from the security guard. 2
3 6. Temporary Guest/Service Worker Vehicle Passes are issued for periods not to exceed 30 days. 7. Temporary Guest/Service Worker Vehicle Passes must be prominently displayed in plain view on the guest's/service worker's vehicle at all times. 8. Service workers are allowed Monday through Friday 7:00 am to 5:00 pm and Saturday 10:00 a.m. to 2:00 p.m. No service workers are allowed on Sundays and Holidays, per San Clemente Municipal Code Owner/resident permanent guest lists are restricted to 10 individuals. 10. Permanent guest lists on file with the Guard Shack are restricted and controlled by the Cyprus Shore Community Association (CSCA). 11. Non-resident owners shall assume responsibility for the violation of CPHA CC&Rs, Rules and Regulations, or applicable CPHA/CSCA agreements by tenants or their authorized guests. SECTION F: VEHICLES 1. The speed limit within The Breakers community is 15 MPH. 2. Vehicles are permitted to enter or exit through the right side of gate only. 3. Non-licensed operators are not permitted to operate any vehicle, including golf carts. 4. All owner/resident automobiles, trucks, golf carts or motorcycles must display The Breakers Vehicle Decals. 5. The Breakers Vehicle Decal must be prominently displayed for the security guard to easily identify the vehicle to enter The Breakers community. A vehicle must be adequately licensed and registered for operation in the State of California to be eligible for a Breakers Vehicle Decal. SECTION G: PARKING 1. Owners/residents parking is allowed in designated parking areas. Designated parking areas are residential garages and driveways only, leaving clear access to the sidewalk adjacent to Homeowner's driveway. 2. Pursuant to Section of The Breakers CC&Rs, "Each garage within each Lot shall be used exclusively as parking spaces for the automobiles driven by the Owner of said Lot." Homeowners are expected to utilize their garage as the primary location for parking their vehicles utilizing at least one half (of a 2-car) or two-thirds (of a 3-car) garage for parking vehicles. 3. Temporary/Guest parking is permitted on a Homeowner's driveway, curbside parking in front of private residences; adjacent to the pool facility on Calle Isabella; and the cutout area adjacent to the tennis facility on Via Calandria pursuant to CC&Rs Section Temporary vehicles parked on the street must display a temporary parking pass at all times, but NO OVERNIGHT PARKING IS ALLOWED on the street 5. Owner/resident vehicles displaying commercial advertisement cannot be parked in plain view. Pursuant to Section of the CC&Rs. 6. No commercial vehicles are allowed to be parked overnight within the community. Per the CA DMV: A commercial vehicle is a vehicle which is used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property (for example, trucks and pickups). Vehicle Code Section Parking of boats, motor homes, RVs, and camping trailers is permitted on the street on a temporary basis and not to exceed (24) hours for the purpose of loading, unloading, or cleaning. Owner/resident should obtain a Temporary Guest Vehicle pass from the Security Guard for display inside the vehicle. 8. Homeowners that utilize their garage with 2 residence vehicles and utilize all their driveway apron spaces, have the option to request a 90-day Temporary Permit to park a residential vehicle on the curbside in front of their residence upon board approval. Residents may request Board approval for a Temporary Permit by providing the following: (a) Proof of proper use of garage and driveway apron spaces and (b) Proof of vehicles registered with the management company displaying Breaker's decals. SECTION H: POOL 3
4 1. The use of the pool facility is at the risk of the residents and their accompanied, authorized guests. There is no Lifeguard on duty at the pool facility. 2. The pool facility hours are from 7:00 a.m. to 10:00 p.m. 3. The two entrance gates to the pool facility are not to be left open at any time. 4. The tennis facility is not to be used as a shortcut or passageway to the pool facility. 5. All persons must shower and rinse off any sand prior to entering the pool. Persons coming from the beach must use the Beach Facility shower to rinse off so that sand is not brought into the pool facility where it can damage the pool filtration system. 6. A person over the age of 18 must accompany a child under the age of 14 at all times in the pool facility. 7. No items other than clean, free of sand, single-person soft material flotation items are permitted in the pool. 8. Residents are permitted to receive commercial or professional swimming instruction in the pool facility only after CPHA liability Waiver Form, a copy of the instructor's current City of San Clemente Business License, and a copy of proof of the instructor's Liability Insurance Policy must be on file with the management company prior to commencement of instruction. Classes are restricted to Monday through Friday. 9. Any activity that endangers or disturbs persons in and around the pool is prohibited. 10. Animals are prohibited in the pool area. 11. Only "pool-safe" diapers manufactured for the express purpose of pool entry may be worn in the pool. 12. Any person with a communicable disease is prohibited from entering into the pool. 13. No glass items are permitted in the pool facility. 14. No pool equipment (chairs, tables, etc.) are to be placed in the pool. 15. Safety rings or rescue poles should be used for emergency rescue only. 16. The dining area, pool area, and barbeque must be thoroughly cleaned and all trash properly disposed after each use. Please be sure to turn off the gas supply located at the rear of the barbeque grill after you are finished. 17. No persons other than those authorized by the CPHA Board of Directors are to adjust or operate the pool equipment. 18. The pool will be heated from spring through the fall. SECTION I: TENNIS 1. The use of the tennis facility is at the risk of the residents and their accompanied, authorized guests. 2. Play may be reserved up to one week in advance by writing your name and reservation date on the schedule board located in the tennis court. 3. Residents may not have more than two periods of play reserved at any time. 4. Periods of play are for 90 minute intervals. Reservation times begin at 8:00 a.m., 9:30 a.m., 11:00 a.m. and 5:00 p.m. All other times cannot be reserved and are available for walk-on play. 5. If at least one person is waiting at the changeover time, only the service game in progress may be finished. 6. If no one is waiting to play by 15 minutes past the changeover time, the persons on the court may continue to play until the next changeover time. 7. Tennis shoes only. Any footwear that can mark or scratch the surface of the court is prohibited. Dark or black-soled shoes will permanently mar the surface and are prohibited on the court. 8. No activity other than the playing of tennis is permitted on the tennis court. 9. No food other than protein/energy bars, etc. or liquids other than water are permitted on the tennis court. 10. Leaning or hanging on the tennis court net is prohibited. 11. The tennis facility must be thoroughly cleaned and trash properly disposed of in the pool dining area when play is finished. 12. Only residents of The Breakers community are permitted to receive commercial or professional tennis instruction in the tennis facility. A CPHA Liability Waiver Form, a copy of the instructor's current City of San Clemente Business License, and a copy of proof of the instructor's liability Insurance Policy must be on file with the management company prior to commencement of instruction. 4
5 13. The tennis facility is closed for use for several hours one day each month as posted on the pool facility bulletin board for the washing and maintenance of the tennis court. SECTION J: BEACH (From CSCA Rules and Regulations) The following "Beach Rules" are provided directly from the CSCA Rules and Regulations. CSCA is responsible for enforcement of said Rules and Regulations. They are provided here as a courtesy only and are not enforced by CPHA. GENERAL 1. The main beach entrance area where the barbecues and tables are located may not be reserved for private parties. 2. Reservations for all private parties will not be permitted unless arranged with the Association Manager. 3. Night beach parties will not be permitted unless arranged with the Association Manager at least 48 hours in advance. 4. All trash must be placed in containers provided. Residents will be held responsible. 5. Dogs are not permitted on the beach. 6. Orange County Ordinance makes it illegal to launch or land jet skis or other motorized craft on our beach. Jet skis are prohibited within 200 feet of the beach, within 100 feet of swimmers or if creating a nuisance for persons using the beach. 7. Fires are permitted only within the grills and fire rings located on the beach. Fire rings should not be moved from their present location. 8. Surfboards and surf fishermen must not interfere with or endanger swimmers or others using the beach. 9. Games or other activities, which will cause inconvenience, annoyance or danger to others, are prohibited. 10. No alcoholic beverages, per City Ordinance and Board of Directors. ACCESS - VEHICLES/BOAT 1. Only approved resident-owned 4-wheel drive vehicles will be permitted on the beach. Approval will be given only after certification of insurance in the minimum amount of $300,000 with CSCA named in the policy as additional insured. Generally vehicles will be used for beach ingress and egress only with operation confined to the immediate family of the vehicle owner. Three-wheel "All Terrain Vehicles" will not be approved. Joy riding of vehicles on the beach is strictly prohibited. 2. Non-motorized small boats (e.g. catamarans) may be landed or launched only if owned by a resident who has furnished an insurance certificate described in "1" above. 3. Beach parking of boats is restricted to areas adjacent to the railroad, south of the south volleyball court and not of the north court. 4. Non-resident motor vehicles and boats are not permitted on the beach. 5. A key controlling the vehicle gate leading to the railroad underpass at the main beach and the ramp from the clubhouse parking lot to the vehicle gate will be furnished only to residents who have approved beach vehicles. The vehicle gate and ramp are not to be used by other vehicles to transport beach gear. 6. The drainage channel at the south border of Cyprus Shore is not to be used for vehicle traffic. ACCESS - GATE 1. A key for the pedestrian gate to the North Beach may be obtained from Cyprus Shore Association Manager. The same key fits the outdoor restrooms. 2. A separate key is required for the gate to the South Beach. It may be obtained by making inquiry of the Association Manager. 5
6 BEACH - SAFETY 1. RESIDENTS AND GUESTS SHOULD BE CAUTIONED THAT THERE ARE NO LIFEGUARDS ON DUTY AT CYPRUS SHORE. SWIMMING IS AT YOUR OWN RISK. 2. At certain times of the year, rip currents occur along the beach. Parents should watch children carefully. 3. Telephones with lines direct to the lifeguard station at Main Beach in San Clemente are located at North underpass and South gate of the Cyprus Shore beach. 6
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