HOMEOWNERS ASSOCIATION, INC.
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1 HOMEOWNERS ASSOCIATION, INC. RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE PEACH HILL HOMEOWNERS ASSOCIATION Adopted by the Board of Directors on March 14, 2001 Revised on September 8, 2010 TABLE OF CONTENTS Introduction (Purpose, Scope of Rules, Violations, Etc.)... 1 General Community Rules... 2 Architectural Control... 3 Uniform Fence Policy... 3 Auto and Vehicle Guidelines... 4 Recreational Facilities... 4 Animals/Pets... 5 Assessments & Collection Policies... 5 Rules Enforcement... 6 Rental Properties... 6 Closing Summary... 6 INTRODUCTION Residents of Peach Hill Owners Association are presumed to have a copy of the Covenants, Conditions and Restrictions (CC&Rs) and Bylaws. Additional copies of the rules may be purchased from the management company. The Bylaws authorize the Board to publish rules for the conduct of the business of the Association and grant the power to enforce the rules by monetary penalties, and/or removal of privileges. The rules and regulations are meant to supplement your CC&Rs. It is important that all homeowners read and understand them, as they are responsible for compliance. It is equally important that homeowners see that their tenants and guests are aware of the CC&Rs and these Rules and Regulations as the homeowner is responsible for the actions of tenants and guests. PURPOSE The purpose of the Homeowners Association, as stated in the Articles of Incorporation, Article IV is to: provide athletic, recreational, park and club facilities for use of its members and their guests, and, to provide for the maintenance, preservation and architectural control of the residential lots and common areas. By maintaining both personal and common properties within the Association, property values will remain high and living within the Association will be more enjoyable for all residents. PURPOSE OF THE BOARD OF DIRECTORS The Board of Directors is responsible to work with all parties associated with the Association to accomplish the stated purpose of the Association. The Directors are volunteers who seek to administrate the Association with the best interests of homeowners and residents in mind. PURPOSE OF THE RULES AND REGULATIONS The purpose of the Rules and Regulations is to promote a peaceful environment, preserve property values, economize in the operation of the Association, and encourage occupants and guests to conduct themselves in such a way that living in Peach Hill is a pleasurable experience. Each resident has a right to quiet enjoyment in a well-managed environment. The Rules and Regulations provide specific interpretation and means of enforcement of the contents of the Association s Bylaws and CC&Rs. 9/8/2010 Page 1 of 6
2 SCOPE OF THE RULES AND REGULATIONS The Rules cover resident responsibilities, pets, recreational facilities, landscaping, maintenance, complaints, enforcement of the Rules, architectural control and administrative practices. VIOLATIONS OF THE RULES AND REGULATIONS Violations of the Rules and Regulations are subject to fines as stated in the section entitled RULES OF ENFORCEMENT, or as otherwise stated in the Rules and Regulations. Homeowners are expected to be aware of all Rules and Regulations of the HOA. Being unaware of the Rules and Regulations, the RULES OF ENFORCEMENT, or of fines will not be considered an excuse for violations or for the waiving of any fines. KEEPING COSTS AND ASSESSMENTS DOWN Since the members of the Association pay for certain services from the monthly assessments, cooperation by all will keep costs and assessments down and is a reasonable expectation. Cost savings can be attained when all residents do their part to take care of walks, plants, light posts, playground equipment, the pool area, etc. Control of litter and halting vandalism are important ways that homeowners and residents can maintain a pleasant environment and keep their assessments from increasing more than necessary. The maintenance of the common area is the responsibility of the Association and is overseen by the Board and Management Company. Defects and deficiencies should be reported to the Management Company when and as observed. All owners and residents are encouraged to participate in the enforcement of all rules on behalf of the welfare or our community and association. This means being tactfully bold to stop vandals or anyone else seen breaking rules in the common areas. The costs for any damage to Association property will be billed to the party responsible for the damage. The homeowner is responsible for tenants and guests. GENERAL COMMUNITY RULES 1. Any offenses, caused by any resident, tenant or guest, which require association fund expenditure, whether or not an emergency situation exists, are at the homeowner s liability/expense. 2. ALL EXTERIOR BUILDING MODIFICATION, ADDITIONS AND ALTERATIONS must be submitted to, and approved by the Architectural Review Committee in writing before the work can be started. No exceptions. Please see ARCHITECTURAL CONTROL 3. Nuisances. No nuisances of any kind shall be permitted on any lot. No noxious or offensive activity shall be carried on in any part of Peach Hill that may become an annoyance or nuisance to the neighborhood, or in any way interfere with the quiet enjoyment of each home. Nuisances shall be determined on a case by case basis as decided by the Board of Directors. 4. Noise. Noise from any lot (loud TV, radios, stereos, parties, animals, etc.) shall be kept at a reasonable level so as not to be heard by or disturb ones neighbors AT ANY TIME OF THE DAY OR NIGHT. 5. Motor-driven vehicles or toys are prohibited from use in the park and greenbelt areas. 6. Trash cans may not be put outside for pick-up before 4:00 p.m. the day before pick-up. Trash cans must be removed from sight on the day of pick-up. 7. It is the responsibility of the resident to remove any throwaway papers and advertising material left at each home. Residents are also responsible for removal of any debris resulting from their use of the common area and facilities. 8. No personal property of any type may be stored in the common area. 9. The Association cannot allow or condone any activities in the common areas which constitute a violation of any city, county, state or federal law(s), rule(s), or regulation(s). Any such violation will result in the imposition of an appropriate fine and/or reporting of such infraction to the proper authorities. 10. Exterior holiday decorations may not be put up prior to 45 days before the holiday and must be removed no later than 21 days after the holiday. Homeowners with decorations left up past the 21 day limit will receive a courtesy reminder letter giving one week to remove them. If they are not down 31 days after the holiday, a $10 per day fine will be assessed until they are removed. 11. No one shall remove, add to, displace, or alter any plantings or structure in the common area without prior permission in writing from the Board of Directors. 12. Anyone known to vandalize any portion of the greenbelt, common ground, and/or facilities will be held liable for repair charges and may lose use of recreational facilities. 13. Landscaping within the owner s property, but affecting the aesthetic value of the complex, must be kept in presentable condition. This means yards must be planted (no bare dirt, or dirt and weeds), lawns must be mowed, weeds must be kept in check, plants and trees must be trimmed, etc. Landscaping and 9/8/2010 Page 2 of 6
3 maintenance of slopes outside of owners fences, that belong to owners are the responsibility of owners. 14. Painting, home exteriors and fence maintenance are the responsibilities of the homeowner as per CC&Rs and city codes. Colors for exterior of homes must comply with Architectural standards. Please see: ARCHITECTURAL CONTROL. 15. No rubbish, debris, objects, or materials OF ANY KIND including, but not limited to toys, shall be placed or permitted to accumulate within any portion of property in a location visible to the general public. 16. Storage units and trash dumpsters that are visible from the street or common areas are only allowed for 1 week. If these items are needed for a longer time they must be pre-approved by the Board of Directors, who may grant extensions on a case-by-case basis. If any of these items remain beyond the 1 week limit, or an extended time, as pre-approved by the Board of Directors, a $10 per day fine will be assessed from the time the violation first occurs until such items are removed. 17. Portable basketball standards may NOT be left in the street, yard, or sidewalk when not in use. They must be stored next to the garage (preferably out of sight) when not in use. architecture, shape, height, style, appropriateness of the proposed improvement, and/or material to be used which would render the improvement or change inharmonious with the concept or general plan of Peach Hill. 4. ARC/Board of Directors approval is a prerequisite to obtain required building permits from the City of Moorpark. 5. Work done without an appropriate ARC/Board of Directors approval and city permit(s) is subject to fines and the requirement that the project be redone or removed, at the homeowner s expense, should it not be in compliance with all Association and City specifications. 6. Color schemes of house exteriors must be within the scope of approved colors. It is the responsibility of the homeowner to see that his colors are acceptable BEFORE painting. Houses not within the approved colors at the time these Rules and Regulations are adopted do not need to change colors, but the next time the house is painted, it must be brought into compliance. Any home painted with colors that are not acceptable will have to be repainted at the owner s expense. Approved color schemes may be obtained from the Management Company. 18. No business may be conducted in the residential neighborhood that is visible from the street, causes noise or fumes of any kind, or is prohibited by any county or city ordinance. 19. It is requested that resolutions to disputes between homeowners be sought between the homeowners themselves before being brought to the Board of Directors. ARCHITECTURAL CONTROL 1. The Architectural Review Committee (ARC, or Board of Directors) is primarily concerned with preserving and enhancing the structural quality, aesthetic integrity, and design concept of Peach Hill. Structures, fences and landscaping are within the scope of the ARC. 2. BEFORE BEGINNING ANY EXTERIOR ADDITION OR ALTERATION TO HOMES, FENCES AND/OR LANDSCAPING (including, but not limited to painting exteriors) homeowners must submit in writing, and have approval from the ARC/Board of Directors. Alterations of any kind made without pre-approval that are judged to be in violation of the Rules and Regulations may have to be undone at the homeowner s expense. 3. The ARC/Board of Directors has authority to withhold approval of any plan if it is dissatisfied with the location, structure, color, design, proportions, 9/8/2010 Page 3 of 6 UNIFORM FENCE POLICY (Adopted: April 2002) Amended: 8/2010) 1. Fences Defined: This fence policy is for all fences that are visible from public or common areas. This fence policy does not effect fences between private lots. 2. Material and Construction: Fences shall be six feet in height, constructed of six-inch dog-eared boards. Boards may be either side-by-side or overlapping. Fences at the ends of the greenbelt entrances may be tapered to three feet in height. Fences that face public or common areas shall be constructed so that cross member rails are on the inside of the fence, not visible from outside the public or common area. 3. As fences need to be replaced, they must be replaced with fencing as prescribed in this fence policy. No section or sections of a fence may be constructed differently or from differing kinds of materials. Entire fences must be uniform. 4. Color: Fences shall be stained or painted Monterey Gray, (Dunn-Edwards #SP131). New fences, and/or sections of a fence, must be painted within thirty days of being built. 5. Retaining Walls: Retaining walls that face public or common areas shall be constructed using 16 x 6 slump stone, beige ( doe skin ) in color. Retaining walls that are in good condition and well-maintained, do not have to be replaced. However, as they need to be replaced, they
4 must be replaced with retaining walls as prescribed in this fence policy. 6. Variances: Any variance from these specifications must be approved by the Board of Directors before work is begun. AUTO AND VEHICLE GUIDELINES 1. Residents may not store unregistered or unused vehicles, recreational vehicles, trailers, campers, boats, and recreational equipment outside a garage building or in a location visible to the general public. Disabled, unregistered, or abandoned vehicles parked on the street may be cited by the Sheriff, and may be towed at owner's expense. 2. Residents vehicles should be kept in garages and garage doors must be kept closed when not in use by residents. 3. Ongoing repair work on vehicles is permitted within the garage area only. Repair work that will be completed on the day it began, so that vehicles will not be left in disrepair overnight, may be done in the driveway or in the street in front of a residence. 4. Commercial vehicles, excluding pick up trucks and vans, may not be parked in view of streets or common areas. This includes, but is not limited to: trucks and trailers of any kind. Homeowners with vehicles in violation will be given one courtesy letter. If the violation is not corrected within the specified time, or if the same violation occurs again, the homeowner will be subject to a $10 per day fine. RECREATIONAL FACILITIES 1. The pool and park areas are for the exclusive use of residents and their guests (when accompanied by their host). Residents are responsible for the behavior of their guests. LOANING AND RENTING POOL KEYS BY RESIDENTS IS PROHIBITED. You may be requested to show your key at any time as proof of residency. 2. Only four residents per household, plus 2 guests (for a maximum of 6 per household) are allowed in the pool area at one time. Guests must be accompanied by a resident at all times. Homeowners are responsible for the actions of tenants, family members, and guests, including payment for any damages caused by their actions. 3. Pool hours are from 7:00 a.m. until 10:00 p.m. 4. Children under 16 years of age are prohibited from using the pool unless accompanied by a responsible adult 18 years of age or older. 5. Gate entrance to the pool area must be kept latched and locked at all times. THE GATE SHALL NOT BE PROPPED OPEN OR LEFT AJAR. Entry/exit requires the use of the pool key. 6. The restroom doors are to be kept closed and locked at all times. 7. No lifeguard is on duty. Resident assumes full responsibility for self, family and guests. Please observe safety and sanitation rules. 8. The Board reserves the right to limit usage should occupancy of the pool area exceed an appropriate safety level. 9. Cooperation in maintaining maximum cleanliness in the pool area is required. Don't litter. Appropriate swim attire must be worn by children as well as adults. For sanitation purposes, babies/toddlers must wear rubber pants over their diapers (including disposable diapers) when in the pool. 10. Running, horseplay, unnecessary noise, and profane language are not permitted. Standing on and/or jumping or diving from handrails is not permitted. 11. Radios and other sound equipment must be used at sufficiently low volume that they cannot be heard from 15 feet away. If another pool user requests the music be turned down, it is too loud, and courteous compliance is expected. 12. The following items are not permitted in the pool area at any time: Glassware / breakable containers Pets Surfboards, skateboards, bicycles, skates, and other large equipment Alcoholic beverages of any kind 13. Floats, rafts, and other water play devices are not allowed in the pool when other guests are in the water and must be removed from the pool at the request of pool users. 14. The official pool season is from Memorial Day Weekend through October 1. During the rest of the year, the restrooms will be locked and inaccessible and the pool may be closed. 15. Clubhouse Use: a) Reserving the clubhouse is permitted by contacting the Management Company or authorized Board Member. Deposit and fees are required. Deposits will not be returned until it is determined that the clubhouse has been cleaned, all decorations have been removed, and that there has been no damage either to the clubhouse or its contents. 9/8/2010 Page 4 of 6
5 b) Music is allowed in the clubhouse until 9:30 p.m. only. c) Other rules are stated on the Facility Use Rental Agreement and must be adhered to at all times. 16. Neither the park nor the pool may be rented for private party use. ANIMALS/PETS 1. Pets: General. Pets may be kept on lots provided that no animal, poultry, bird or reptile be kept on any lot either (a) for commercial purposes or (b) for any purpose if there would be involved an odor or noise which disturbs the comfort of any occupant of a lot in the vicinity. In the event of a dispute as to any pet, the matter shall be determined as decided by the Board of Directors. No animals traditionally considered farm animals may be kept on any lot. The Board of Directors may grant exemptions for miniature animals provided that such animals do not disturb the comfort of any occupant of a lot in the vicinity. 2. The County and City Ordinances regarding dogs apply to this community. (a) Dogs must be on a leash and under control of the person holding the leash, unless within an enclosed yard. (b) The owner is responsible for clean-up of animal waste immediately. 3. Cats are not allowed to roam free in the neighborhood. 4. No animal shall be permitted to make an unreasonable amount of noise or be a nuisance at any time, day or night. Unreasonable noise from a dog is defined as barking, yelping or whining for more than 5-minutes in any 1-hour period. a) Complaints about noise or odor from pets must be submitted in writing and be signed by the party registering the complaint. b) Upon receiving a duly submitted complaint, the pet owner will be informed of the violation and will be responsible to rectify the problem to the satisfaction of the Board, or will be subject to monetary fines until the problem is rectified. 5. No feces shall be permitted to accumulate within a lot in the complex and no odor shall be permitted that would render any portion of Peach Hill unsanitary, unsightly, offensive, or detrimental. 6. All animals are prohibited from pool area at all times. 7. Homeowners are solely responsible/liable for any damages or injuries inflicted by their pets, or their tenants or guest s pets. Damage to landscaping or any other common area by animals will be replaced/repaired at the expense of the owner. ASSESSMENTS & COLLECTION POLICIES 1. Homeowners assessments are due on the first of the month. 2. Any payment which is not received by the Association s bank by the last business day of the month will be delinquent and will be charged a $10.00 late fee. 3. Late fees will be charged per each delinquent assessment period. Accounts that are 30 days late will be charged interest on the balance at the then legal rate. (C.C. & R.s, Article VII, Section 1.) 4. If an assessment remains unpaid 60 days after the original due date the Management Company will send a collection letter offering a payment plan to bring the account current. The homeowner will be responsible for collection fees charged by the Management Company. 5. Payment Plans: Payment plans to bring accounts current are available and can be arranged with the Management Company. 8. A detailed DELINQUENT ASSESSMENT COLLECTION POLICY STATEMENT is mailed to every homeowner annually. All policies are according to the Davis- Stirling Common Interest Development Act (Civil Code Sections ) RULES ENFORCEMENT 1. Homeowners and residents are expected to work together to enforce the Rules, and to do so in a courteous and cooperative manner. Any violations of the Rules and Regulations should be reported in writing to the Board of Directors c/o the Management Company, stating the nature of the infraction(s), the person(s) involved, the date, time, and place of incident, and the resident s address. 2. Any owner or tenant charged with a violation of any of these Rules and Regulations shall be notified of the alleged infraction in writing. If the owner/tenant wishes to appeal the violation, he/she must attend the next Association meeting and defend his/her position OR submit his/her case in writing for review by the Board within 30 days of the date of notification of the violation. The Board will consider requests for extra time to bring a violation into compliance on a case by case basis. 3. The Association may impose monetary penalties upon owners as a disciplinary measure for failure to comply with the CC&Rs, By-Laws, or Association Rules and Regulations, as a means of reimbursing the Association for costs incurred by the Association in the repair of damages to common areas; or to bring an owner or his/her unit into compliance with the 9/8/2010 Page 5 of 6
6 CC&Rs, By-Laws, and Rules and Regulations of the Association. 4. Violators of the CC&Rs, By-Laws, and Rules and Regulations of Peach Hill are subject, but not limited to: TENANT, ACKNOWLEDGES THAT HE/SHE IS FAMILIAR WITH ALL SAID RESTRICTIONS AND RULES OF THE ASSOCIATION AND AGREES TO ABIDE BY THEM." lst Offense 2nd Offense Additional Offenses Continuing Offenses Courtesy Letter. $25 monetary penalty, plus costs. $50 monetary penalty, plus costs. $10 per day after courtesy letter. (Up to $310 per month.) IN CONCLUSION All owners and residents are encouraged to participate in the enforcement of all rules on behalf of the welfare of your community and Association. Our Association is a partnership between the homeowners, residents, the Board of Directors, and Management Company. Thank you for your mutual support and cooperation. 5. If a monetary penalty is levied against a resident, tenant or guest, payment is the responsibility of the homeowner. Prosecution may result from continued failure to pay monetary penalties. Additional violations may result in loss of recreational privileges. 6. Any vandalism of any of the Association s property (e.g. graffiti, breakage of lights, etc.) will result in fines, plus costs of the repair/replacement. Association will prosecute any violators. 7. The Association has the right to file Small Claims Court action and to recover any sums not promptly paid as a result of said monetary penalties being assessed against a homeowner/tenant. 8. The Peach Hill Homeowners Association and its Board of Directors cannot condone or allow any violations of the Association Rules and Regulations, the governing CC&Rs and By-Laws, local City, County, State, or Federal ordinances, regulations, or laws. Any such infractions will be subject to appropriate monetary penalties and/or notification to the appropriate authorities. There will be NO exceptions. RENTAL PROPERTY 1. Homeowner/Landlords are required to inform the Management Company of the name(s) and telephone numbers of their tenants. 2. Homeowners are required to provide their tenants with a copy of the Rules and Regulations prior to their moving in. 3. All rental or lease agreements must include the following language: "The terms of this agreement are subject in all aspects to the provisions of the Declaration of Covenants, Conditions & Restrictions (CC&R's), Bylaws, and Rules and Regulations of the Peach Hill Homeowners Association. Any failure by lessee to comply with the terms of such documents may result in a default under the lease. THE UNDERSIGNED, AS LESSEE OR 9/8/2010 Page 6 of 6
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