August 2, 2000 Canyon Colony Homeowners Association Proposed Rules and Regulations August 2000 Compliance with the Rules & Regulations: All homeowners, residents, tenants, guests and invitees shall be subject to the Canyon Colony Homeowners Association (CCHOA) CC&R s and these Canyon Colony Homeowners Association Rules and Regulations. Homeowners are held responsible for, as well as, required to provide tenants, guests and invitees with a copy of these Rules and Regulations. Homeowners are held responsible for any littering and/or damages which they, their tenants, their guests and/or invitees, may cause to the Common Areas. Homeowners are liable to the CCHOA for any damage to the Common Area of CCHOAowned property caused by their tenants, guests or invitees. Enforcement and Enforcement Policy: Right to Enforce: The CCHOA or any homeowner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges, now or hereafter, imposed by this document. Each owner of a condominium shall have a right of action against the CCHOA (Association) or any homeowner for failure to comply with the provisions of the CC&R s or these Rules and Regulations duly adopted by the Association Board of Directors (the Board). Failure to Enforce: Failure by the Association or any homeowner to enforce any provisions of the CC&R s shall in no event be deemed a waiver of the right to do so thereafter. Policy: First Offense: Once a violation is noted, a Warning Letter will be sent out to both homeowner and/or resident, describing the violation. The homeowner in violation will be given not more than fifteen (15) days from receipt of the Warning Letter to cure or correct the violation and respond to the letter. If the alleged violation is corrected or satisfactorily responded to, the Board shall take no further enforcement action. Notice of Hearing: If the violation is not satisfactorily corrected, the Board shall schedule a hearing, and provide a Notice of Hearing to the homeowner against whom such charges are made. The notice shall be sent first-class, postage prepaid or registered mail to the address of the homeowner appearing on the Association records. The Notice of Hearing shall, (a) specify the date on which the charges shall be heard, (b) recite the violation, (c) provide that the homeowner may present evidence 1
either in person or in writing and (d) specify the penalties which may be imposed. No proceeding shall be brought against any homeowner unless such homeowner shall have received a written statement of charges at least fifteen (15) days prior to that hearing. At such time, the homeowner so charged shall have the right to present oral and/or written evidence. In the event that a homeowner shall satisfactorily correct a violation prior to the hearing date, or respond to the Board in a satisfactory manner, the Board shall continue the proceeding. Determination: Either at or after the hearing, the Board shall make a determination as to the violation and provide the homeowner with a Notice of Determination within seven (7) days of the hearing date. The Notice of Determination shall specify the decision of the Board and shall specify the action taken. No action specified in the Notice of Determination shall be effective until at least seven (7) days after the hearing. Continuing Violations: If the violation(s) continue(s) or the response is otherwise unsatisfactory after the hearing, the Board may impose additional and/or continuing fines and take other actions, including: suspension of voting rights and use of Common Area facilities upon notice but without a hearing, for a period not to exceed thirty (30) days following notice of each infraction. Continuing infractions will be deemed committed anew if the homeowner remains in violation thirty (30) days after previous notice was communicated. (See Article IV, paragraph 6.) The Board may also refer the matter to the Association s legal counsel. Fines: Fines shall be in addition to a penalty assessment levied to reimburse the Association for expenses and costs, and may be in addition to other enforcement activity. Fines for continuing or repeated violations may be increased in $25.00 increments at the discretion of the Board. Three (3) or more violations assessed to a single homeowner in any six-month period may result in an additional fine of up to $100.00 at the discretion of the Board. 2
Animals: There is a limit of two (2) common household pets per unit, maximum weight of 40 pounds each. Common household pets include dogs, cats, birds, hamsters and their like. No homeowner or other resident may raise or keep pets which interfere with, or have a reasonable likelihood of interfering with the rights of any homeowner or resident to a peaceful and quiet enjoyment of the complex. In the event the Board determines that any such pet(s) create(s) an unreasonable annoyance or nuisance to any homeowner or resident, the raising or keeping therefor shall be discontinued within a reasonable time after such determination. No pets or other animals shall be permitted in the Common Area without its respective owner and without being on a leash. No homeowners or residents may raise or keep animals for commercial purposes. No livestock is allowed and/or any creature which, in its natural state produces venom, sera, toxin or a noxious odors. Dogs and cats must be on a leash and tethered at all times when in the Common Areas. Pet owners will be held responsible for the immediate removal and disposal of pet waste deposited by pets in Common Areas. The Civil Code and common courtesy govern this rule. Pet owners will be held responsible and liable for any personal injury or property damage caused by their pet(s). Pets shall not be tethered or left unattended in the Common Areas. Pets are never allowed within the confines of the pool and spa. Assistance Dogs are exempted. Pet owners are responsible for maintaining their enclosed patios and balconies in a clean and sanitary condition. Homeowners and/or residents may not install pet doors that allow pets to leave the confines of their unit or roam the Common Areas. Architectural Modifications: A written request to the CCHOA Architectural Committee must be made for any changes that homeowners wish to make in any unit which would structurally change the building. The Architectural Committee will review the request and present their recommendation in executive session at the monthly meeting of the CCHOA Board of Directors. The Board will notify the homeowner of its decision, in writing within seven to ten (7 to 10) days after the meeting following the receipt of the letter or thirty (30) days after receipt of the request letter from homeowner, whichever is later in time (see Article IX, section 10). There will be no alterations made to any Common Area without written approval of the Board. Government Code Section 434.5 provides that all persons have a legal right to display a United States Flag. The resident must first submit a request, in writing that names the exact desired location for display, to the Board and obtain written Board approval therefrom. 3
Holiday lights and/or ornaments displayed outside must be taken down no later than fifteen (15) days following the respective holiday. Balconies, Patios, Front Entries and Windows: Residents must keep their front entries, patios and balconies clean, neat and clutter-free. No trash is to be stored in these areas. No storage is permitted in these areas. No clothing, laundry, towels, bathing suits, blankets, etc. may be hung on the balconies, patios or draped over railing and/or fences. Plants may not be placed on porch or balcony railings. Each resident may place on the balcony and/or patio suitable furniture and decorative items. All plants must be kept in drip/catch basins/trays. Do not over-water plants causing water to stand on decks. Homeowners are responsible for replacing deck coatings due to over-watering of plants, maintenance of animals thereon and/or damaged caused by covering the decks with materials including but not limited to plastic and vinyl. When barbecues are used on patios or balconies, care should be taken to avoid smoke discoloration to the exterior of the buildings. Please do not allow smoke to blow into a neighboring unit. Trees and/or shrubs and/or their roots from Homeowner s landscaping may not interfere with neighboring patios, balconies, Common Areas or fencing. Homeowners landscaping must be contained within their own patios and/or balconies. Front door screens must be either black or white in color and must be kept in good working condition. No carpeting or grass matting may be placed on balconies, patios or entries. Unless otherwise specified herein, only a security notice may appear on any window in a unit. Only one (1) For Sale (either by homeowner or a real estate company) sign may be displayed. All window coverings must be a neutral color. No tinfoil, sheets, boxes or permanent flags may be used as window coverings. Windows may be tinted using non-reflective film no darker than 35% light permeation. Common Areas: Homeowners are responsible for any damages to the Common Areas, and/or personal property that they, their children, guests, pets, invitees and/or tenants cause. Oil and grease stains on driveways or Common Areas should be promptly cleaned up. They are not only unsightly, but also represent a safety hazard. Skateboards, roller skates, in-line skates and/or bicycles may not be used within the Common Areas of Canyon Colony Condominiums. Complaints: 4
Homeowners and/or residents may report complaints and/or violations to the Board of Directors, a Board member, at an open CCHOA Board Meeting or to the Management Company by submitting a written notice describing the violation. The Board may also note any complaints and/or violations covered during a walk-through or by personal knowledge of any of its members or representatives. Fences: Wooden and/or steel fences are not to be climbed on, played on or sat on. Homeowner is responsible for repairs to fences and gates for resident-caused damage, including but not limited to, overgrown trees, bushes and shrubbery. HOA Monthly Dues: The income derived from the Homeowners Monthly Dues is the only means by which the Association can meet the obligations of administration and maintenance. To help ensure that the dues are received by the date due (the first [1 st ] of each month), delinquent dues are subject to late fees by the fifteenth (15th) of each month. Delinquent dues are recoverable in accordance with Civil Code Section 1367, barring exceptional circumstances. The Board will file a lien on every property whose account is ninety (90) days in arrears. In each case the attorney s fees and costs of processing the lien documents will be added to the amount owed. Please see the Delinquency Policy for Canyon Colony Condominiums. Section 1366 of the Civil Code allows for the one time imposition of a late charge of $10.00 or 10% of the balance due, whichever is greater, fifteen (15) days after an assessment is due and remains unpaid. Insurance: Common Area and structural building, fire, public liability and property damage insurance are covered under a Master Policy which states under Article X, Section 8 of the CC&Rs: The Association shall obtain and continue in effect a policy or policies for fire and casualty insurance with an extended coverage endorsement for the full, insurable replacement value of the improvements in the Common Area, excluding any personal belongings or interior improvements of the individual residents. This insurance shall be maintained for the benefit of the Association, the homeowners and their mortgagees. The Association policy shall conform in all relevant respects to Sections 1365.7 and 1365.9 of the California Civil Code. Premiums for the Master Insurance policy are paid through the monthly dues. Landscaping: Careless and/or willful damage and/or destruction of any part of the landscaping should be immediately reported to a Board Member, the Management Company or at a monthly Board Meeting. Drip-water systems, sprinklers, shut-off valves and hose bibs should not be tampered with. Climbing of trees in the Common Areas is expressly prohibited. Foot traffic is allowed on sidewalks only through the Common Areas. 5
Miscellaneous: Each homeowner shall be solely responsible for the repair and/or replacement of damage to any and all interior items of his/her unit and the cost thereof, including but not limited to any personal property, decorations, interior surfaces, floors and/or wall coverings, appliances, fixtures or other items therein, caused by water intrusion from whatever source. It is therefor recommended and encouraged that each homeowner should obtain a policy of Primary insurance, which covers such a loss. Should a claim be made upon the Association policy, the homeowner advancing such claim shall pay any required deductible due and owning on said policy, plus any attorneys fees incurred by the Association s counsel to determine eligibility or entitlement to submit such a claim. If the hurdle to submit a claim under the Association s Master Policy appears high, such a result is intended, in order to discourage individual claims thereon. Upon leasing a unit and relinquishing principal residence therein, a homeowner relinquishes all rights and privileges to use Common Area facilities, including but not limited to the pool and spa. No bouncing of balls, hockey pucks, etc. against the siding of the buildings, walls or fences. Bouncing of balls and other items against garage doors is only permitted with the consent of the particular homeowner. All complaints alleging city/county curfew violations are to be directed to the San Diego City Police Department (phone 858-484-3154). The Association shall seek to avoid isolated enforcement of private nuisance issues. Public Nuisance controversies shall typically be enforced for the good of the community. Noise: Each resident is entitled to quiet enjoyment. No obnoxious activity shall be carried on in any unit, or upon any part of the community. Nor shall anything be done which may be or may become an annoyance or nuisance to the neighborhood. Noise can be a problem at any time and particularly during the summer months when windows are open. Radios, musical instruments, stereo systems, party activities, power tools, loud music from cars, must be restricted to a level that is not disturbing to other homeowners/residents/tenants. Car stereos shall be kept to a level that is not offensive to residents and allows for the peaceful enjoyment of others. Residents shall not unnecessarily rev-up their engines in the garages or parking areas. Residents are responsible for the noise/disturbances caused by their children, invitees and/or guests, even when the residents are not at home. Please insure that your children, invitees and/or guests are considerate of the other homeowners and residents. Noise problems may be reported to the San Diego City Police Department (phone 858-484- 3154). This is the recommended course of action for isolated disturbances that cannot otherwise be resolved. Parking Areas and Garages: 6
Speed limit in the community is ten (10) mph. Numbered spaces are reserved for the residents of that unit only. Guest parking is limited to seven days in any one given month OR thirty (30)-day period commencing from the first day the car is parked in a guest spot. Guest parking is for guest vehicles only. Vehicles of homeowners and/or residents observed to be parked in guest parking for longer than twenty (20) minutes are subject to being immediately towed. No parking is allowed in fire lanes at any time. This is prohibited by the Fire Department Regulations. Violators will be towed away at their own expense, pursuant to the California Vehicle Code. Visitors and/or delivery persons must park in guest areas or on the public street. No parking space, garage or Common Area shall be used for major repairs to vehicles. No vehicle overhaul work other than emergency minor repairs will be performed in the parking spaces, garages or Common Areas. Vehicles must be in operational condition to be parked in parking spaces located within Canyon Colony Condominium grounds. Non-operational vehicles are not allowed to be parked in these areas. Fluid spills, i.e., oil, transmission, radiator, brake, etc. must be cleaned up immediately. No boats, trailers, mobile homes or RV s may park within the community. Parking spaces shall be used only for the parking of automobiles, trucks, vans or motorcycles. Unattended garage doors must be kept closed at all times, except when entering or leaving. Only motor vehicles that can fit in a garage may be parked on site. Residents and/or their guests may not leave vehicles parked in front of their garage (unless it is a designated parking space) or another resident s garage. Businesses may not be run in garages. People who wish to operate hobby shops or carpenter shops in their garage must first procure written approval from the Board. Any approval shall be subject to revocation by the Board for a homeowner s and/ or resident s failure to abide by the rules of the Board with respect to the specific activity or use identified in the application. Said application must be amended if the specific activity or use changes. No items may be stacked or stored in any parking space or against any garage door except for the purpose of immediate loading and unloading. Washing of resident vehicles only is permitted and only in the resident s assigned parking space, not in the Common Areas. Residents are not allowed to park in Guest Parking spaces for more than twenty (20) minutes. Resident vehicles observed to be parked in guest parking for more than twenty (20) minutes are subject to being towed immediately thereafter. All vehicles parking in guest spaces must display a yellow parking card (or 5 x 8 slip of paper) with the unit number written in two-inch (2 ) tall number and placed on the dashboard of the vehicle. Any vehicle not displaying this card will be subject to tow. Towing: 7
Towing policy and procedure shall be in conformance with the provisions of the California Vehicle Code Section 22658 regarding Removal of vehicle from common interest development. Notice of violation is deemed provided by issuance of these rules and regulation to the mailing address of every unit owner in the project. Each owner shall provide copies and/or reasonable notice of these rules to their family, tenants, invitees and guests. Roofs: No one, except authorized Maintenance personnel, is allowed to climb on the roofs or use fences to obtain access to the roofs. Please contact the Management Company if you should need to retrieve lost items. Swimming Pool and Spa Area: Hours of Operation: 8am-10pm Sunday-Thursday, 8am to midnight Friday and Saturday. Uniform Building Code, Section 9025e and California Building Code: 3119B.5 both caution that: Unsupervised use of the pool by children under the age of fourteen (14) is prohibited. Such restrictions are designed to protect the health and safety of children. Children under the age of fourteen (14) must be accompanied by an adult resident who is eighteen (18) years of age or older. The supervising adult resident must remain inside the pool area. The adult resident will solely be responsible for the conduct, safety of the children and the observance of these rules. Swimsuits must be worn while in the Pool and/or Spa. Street clothing, including cut-off jeans is not approved for use in the water. Hair that is longer than shoulder length should be confined by non-metallic restraints such as a bathing caps or rubber bands. Infants must wear plastic or rubber pants over cotton or disposable diapers while in the pool, spa and around pool areas. Please use outdoor showers before entering Pool and/or Spa. No diving or jumping ton the Pool and/or Spa is allowed. No running around the Pool and/or Spa areas is allowed. No person will be allowed to disturb other swimmers, play roughly and/or monopolize the Pool and/or Spa area for an excessive period of time. No metal objects are allowed in the Pool and/or Spa (i.e. coins, etc.). No glassware or other breakable materials are permitted within the Pool and/or Spa areas. Only one (1) exposed opened container (metal or plastic only) of alcohol per adult (21 years or older) is allowed in the Pool and Spa areas at any given time. No animals are allowed in the Pool and/or Spa areas at any time, except for Assistance Dogs. Each person is responsible for his/her own cleanup, please use the provided trash containers and ashtrays. 8
Bicycles, skateboards, in-line skates, roller-skates, etc. are forbidden to be operated in any manner within Pool and/or Spa areas. Each resident may have up to four (4) people at the Pool and/or Spa area at any one time. Parties may not be held at the Pool and/or Spa areas without prior written consent from the Board of Directors. All Spa controls and switches must be turned off and spa covered after each use. Damage to the Pool and/or Spa requiring maintenance and/or repairs will be assessed to the responsible homeowner. Any damage caused by a tenant, their invitee or guest will be charged to that unit s homeowner. Flotation devices are allowed for anyone who can not swim and/or needs extra assistance. No other flotation devices are allowed. No flotation devices are recommended, approved or provided by the association. An adult supervisor must accompany every resident, guest and/or invitee that requires assistance in the Pool and/or Spa areas. A resident must accompany all guests and/or invitees in the Pool and/or Spa areas. Radios are allowed so long as homeowner, resident, invitees and/or guests use headphones and/or earphones. Do not remove any furniture from the Pool and/or Spa area or put furniture into the pool and/or spa. Maximum capacity in the pool is fifteen (15) people; spa is six (6) people. Trash Areas and Dumpsters: Trash shall not be put on the ground around the trash containers. All trash needs to be put inside the containers. Homeowners are subject to fines for non-compliance. All trash needs to be put into plastic bags, sealed and then put into the trash dumpster. Close lid on dumpster after depositing your trash. No individual trash containers are allowed in the Common Area. Trash must be deposited in the designated trash containers only. All cardboard boxes must be broken down before being deposited into the trash dumpster. Residents, invitees and guests are not allowed to play in, on or around the trash areas. No furniture, bedding or appliance(s) shall be left at the trash area or inside the trash containers. No flammable materials are to be placed into or left around the trash containers, i.e. hot coals, fireplace ashes, lighter fluid, paints, etc. Please call Household Hazardous Materials Program hotline, (619) 235-2111, for the nearest disposal area. Visiting Guests: Residents are responsible for notifying their guests and/or invitees of these Rules and Regulations. 9
Homeowners will be help responsible for damages and/or violations caused by their residents, tenants, invitees and/or guests. Visitors parking within the community need the homeowners Yellow Parking Pass (or a 5 x 8 slip of white paper with the unit number written in 2 tall numbers) on their vehicle dashboard (see parking rules on page 8 of these Rule and Regulations). Visitors may not park in numbered spots, but may park in GUEST labeled spaces. Definition of Terms: Association: Canyon Colony Homeowners Association, CCHOA. Its membership includes all Canyon Colony Homeowners. The Board: The five (5) member Canyon Colony Homeowners Association Board of Directors. Volunteers elected by the Association homeowners to run the affairs of the Association. CC&R s: Declaration of Covenants, Conditions and Restrictions. Common Area: All portions of the condominium project not located in a living unit. Guest/Visitor/Invitee: Anyone visiting a resident in Canyon Colony Condominiums for business or social purposes. Homeowner: Record owner of a Canyon Colony Condominium, whether living in it or not. Resident: Anyone living in Canyon Colony Condominiums, whether homeowner or tenant. Tenant: Any renter or lessee living in Canyon Colony Condominiums. 10