BRIARWOOD CONDOMINIUM HOMEOWNERS ASSOCIATION Rules and Regulations O~enin~ Statement: When a group of people, no matter what size, share property, rules must be established for its use. These rules and their enforcement are essential to preserve property values and to provide an I A. Disturbing the peace is prohibited. No person shall disturb the peace, quiet and comfort of his/her neighbors by cre ecessary noises.- %pecial Attentio 10:OO p.m. and 8:00 a.m. re shall be no obstruction s, bicycles, skateboards, skate C. Drying of clothes, bathing suits, beach towels or other laundry shall not be permitted in any common or restricted areas where visible. D. Guests must observe all rules and regulations. Homeowners are responsible for the actions of their guests and tenants. E. Nothing shall be done or kept in any unit or common area which will cause an increase in the cost or cancellation of insurance to the Association. F. No signs shall be placed or put in view from any unit or common area, with the exception that one (1) sign of reasonable dimensions and design may be placed within window of a unit to advertise the property for sale, lease or exchange. the G. No antennas of any kind shall be erected or constructed on the common area or be visible from the outside of the unit. H. The speed limit in the common area streets is five (5) MPH. Revised 02/01 I. No power equipment, hobby shops or car maintenance shall be permitted on the 1
property without prior approval of @e Board of Directors. J. AU garbage shall be regularly removed from units and shall not be allowed to accumulate thereon. Only household garbage shall be placed within the dumpsters provided within the complex. Items such as, but not limited to, yard trimmings, landscape debris, lumber, construction debris, Christmas trees, furniture and household appliances shall be disposed of by the property owner or tenant, and shall be put in the dumpster or dumpster enclosure. Homeowners who violate this will be responsible to reimburse the Association for the cost incurred to remove not, policy such items. than six (6) in a three (3) bedroom unit. N. Moving vans, transfer company vehicles or any other veh ot be allowed on the Ass-ociation prbperty. dogs and length. e on a leash not B. Owners of pets are required to remove and properly dispose of their pet's droppings. C. Owners of pets are responsible for the behavior of their pets. They shall keep their pets from annoying other residents, including keeping their dogs from barking and whining. D. Owners or residents with pets will be required to keep units and yards in a sanitary condition. 111. park in^: Revised 02/01 A. No trailers, campers, motor homes, RV's, commercial vehicles or boats shall be permitted upon the property, except temporarily, unless placed within an enclosed garage or carport. Inoperable or unregistered vehicles are not allowed on property unless placed in an enclosed garage. B. No noisy, smoky or off- road vehicles shall be operated on the property.
C. Resident parking in common area is limited to one car per unit. D. Visitor parking spaces are for use of visitors (nonresidents) only. Residents who continually disregard this rule will be subject to towing. E. Guests may park in visitor parking for a period of 24 hours. F. Homeowners must obtain permits from Santa Cruz Property Management if their guests will be par sitor parking for more th rmits are valid for 72 hours). A. All homeowners who lease or rent their condominiums must provide a copy of the lease/rental agreement to the Association's managing agent (Santa Cruz Property Management), which must include the following clause initialed by both -- e tenant(~):--- --=- - -- "Any violation by the tenant(~) of the Association C.C. & R.'s, By-Laws or Rules ind egulations shall be a breach of this agreement allowing termination of this agreement the Board of Directors." B. All renters and lessees shall be provided with a copy of the Briarwood Homeowners Association's Rules and Regulations and C. C. & R.'s by the owner of the unit. These can be obtained for a fee by contacting Santa Cruz Property Management. C. No unit may be rented (either for free or for a fee) for any period less than thirty (30) days and will not be rented for transient or hotel purposes. V. Exterior and Interior A~~earance: Revised 02/01 A. All drapes and other window coverings installed shall have an exterior facing or lining that is white, beige or off-white. B. No alterations or improvements of any kind shall be made upon the property, until approved in writing by the Architectural Control Committee and/ or the Board of Directors. Should alterations be desired, an "Alteration Request Form" is available Santa Cruz Property Management and must be submitted for approval. at C. All owners are required to maintain and repair their unit and shall maintain the
landscaping within the private yard wea in good condition and in a manner which is necessary to preserve the appearance and value of the property. D. In the event of damage to or destruction of any unit, owner shall reconstruct the unit in accord with the original plans and specifications. Revised 02/01
BRIARWOOD CONDOMINIUM HOMEOWNERS ASSOCIATION C/O SANTA CRUZ PROPERTY MANAGEMENT CO. 1240 41ST AVENUE:WITOLA, CA 95010 831-462-6424 RESOLUTION OF THE BOARD OF DIRECTORS Resolution 2002-01... _..-._..._...... -. _-.-... I"._.-.- FEE - - SCHEDULE........ FOR -.... -. VIOLATIONS........ - _...----. - -... -. ---.-.. --.--... WHE1REAS, the Board of Directors has the authority to impose a monetary penalty as a ciplinary measure and to recover all costs incurred by the Association in the enforcement the Rules and Regulations and the Declaration of-covenants, Co and ~esti-ictio&; WHXREAS, it is the responsibility of the Board of Directors to levy an assessment against any owner as a monetary penalty for violations of the Rules and Regulations or the C.C. & R.'s or for damages or costs resulting from the owner's actions, in accordance with Article TV and VIII of the C.C. & R's; and WHEREAS, the Board of Directors have determined that the following conditions constitute violations and do incur extraordinary costs and expenses to the Association; and that such monetary penalties or costs shall be levied in accordance with the Declaration of Covenants, Conditions and Restrictions against the owner. In addition, the Owner shall be responsible for any attorney fees, court costs, and expenses that may be incurred. NOW THEREFORE LET IT BE RESOLVED, that the following charges shall be made against any owner found to be in violation of any of the rules and regulations as set forth below: 1. Parking Violations. A charge shall be levied against the owner in the amount of not less than $30.00 nor more than $50.00 for each infraction of the parking rules. 2. Vehicle Operation Violations. A charge of not less than $30.00 nor more than $50.00 shall be levied against the owner for the first infraction of the vehicle operation rules., The charge for each subsequent violation during each calendar year shall be not less than I $50.00 nor more than double the prior levy. 1 Resolution 2002-01.
3. Animal Control Violations. A charge of not less than $30.00 nor more than $50.00 shall be levied against the Owner for the first infraction of the animal control rules. The charge for each subsequent violation during each calendar year shall be not less than $50.00 nor more than double the prior levy. 4. Violation of any other published Rule or Regulation shall incur a fine not less than $30.00 nor more than $50.00. The fine for each subsequent violation of the same Rule or, Regulation during each calendar year shall be not less than $50.00 nor more than double the prior levy.......... -.- The Board of Directors shall take such actions as deemed appropriate with respect to the...... collection of any ffgwhich remains unpaid for.- more than (30) -- days. SU& actions-., -.. This resolution is adopted effective March 5,2000, and supercedes ~esolutioe001-01 and all other previous resolutions with respect to the Fee Schedule for Violations...
BRIARWOOD CONDOMINIUM HOMEOWNERS ASSOCIATION C/O SANTA CRUZ PROPERTY MANAGEMENT CO. 1240 41ST AVENUE2:-CAPITOLA, CA 95010 831-462-6424 RESOLUTION OF THE BOARD OF DIRECTORS Resolution. 2002-02 NOTICE OF VIOLATION, HEARING AND APPEAL PROCESSES WHEREAS, we have found that such Rules and Regulations must be implemented by the option of the fo able a on of NOW THEREFORE LET IT BE RESOLV adopt the following policies and procedures for the administration of the Notice of Violation and Hearings: I. NOTICE OF VIOLATION It shall be the policy of the Association that a Notice of Violation shall be given to the owner at least fifteen (15) days prior to the effective date of any monetary fine. Even if the violation is perpetrated by a guest or tenant of the Owner, the Owner is ultimately responsible. The Notice of Violation shall be in writing and contain the following: a. Nature of Violation b. Time and Place of Such Violation c. Amount and Effective Date of any Monetary Fine d. Date, Time and Place for Hearing e. The deadhe for any written response to the Notice of Violation f. The name and address where the owner may respond concerning the hearing 1 Resolution.. 2002'-02
11. HEARING In carrying out the purposes of Section 5.05 of the Bylaws, it shall be the policy of the Association to grant all Owners an opportunity to be heard, orally or in writing, by the Board of Directors not less than five (5) days before the effective date of the fine. In the event that the Board of Directors is unable to conduct the hearing, the Board shall appoint a Hearing Committee composed of owners of the Association. In lieu of a ~ersonal appearance at the hearing, the Owner may present a written, response to the Notice of Violation. Such written response must clearly set forth the reasons for appealmg the Notice of Violation and must be received at the Association's legal mailtng address no later than one day prior to the hearing date. HI. HEARING CO-EE IV. HEARING DECISIONS If the Board or Hearing Committee reaches a decision at the hearing it shall - communicate such decision to the owner if the owner is present at the hearing. I the owner has presented hidher appeal in writing only, and is not present at the hearing, the owner shall be advised of the decision in writing within five days oft hearing date. The effective date of any monetary fine shall be as stated in the Notice of Violation. If the Board or Hearing Committee determines that it needs additional time for deliberation or for consideration of additional evidence, it may postpone its decision until a later date. In such case, the owner shall be notified of the decision in writing, and the effective date of any monetary fine shall be five days from the date of such written notification. However, if the Board or Hearing Committee fails to reach its decision with 90 days of the date of the ori,&al hearing date, then the Notice of Violation and any associated monetary fine shall be canceled. However, in no case shall this ~rohibit or prejudice other actions by the Association with respect to these procedures for Notices of Violations and Hearing. V.. I-EARING PROCEDURE Hearings may be held at regular or special meetings of the Board of Directors. As permitted by Section 10.08 of the Bylaws, the owner may request that the Board meet in executive session with the owner in attendance. Any matter discussed in executive session shall be generally noted in the minutes of the Board of Directors. VI. HEARING RECORDS i A written record shall be kept of all hearings and the decisions reached. Such record shall be filed with the Secretary of the Association within fifteen (15) days of the ' hearing decision. Notation in the minutes ohhe Board of Directors shall be sufficient records of hearings held during meetings of the Board of Directors. 2 Resolution 2002-02
VII. - DATE OF ADOPTION This resolution is adopted March 5,2000, and supercedes Resolution~01--02 other previous resolutions with respect to Notice of Violation and Hearing Procedures. and all 3 Resolution 2002-02