FirstService Residential Mountain Cove Homeowners Association Rules & Regulations Issued: December 2002 Revised January 2010 1
TABLE OF CONTENTS Page Introduction... 3 Definitions... 3 Property Management Company/Board of Directors Meetings... 4 General Rules... 5 Private Lot Improvements... 6 Trash Collection/Storage/Placement... 6 Lodge Rules... 6-7 Pet Rules... 7 City of Azusa Street Lights... 8 Pool Rules... 8 Sign Rules... 8 Parking/Traffic Regulations... 9-10 View Obstructions.... 10 Vehicle Sales... 10 Garage/Yard Sales..... 10 Enforcement Procedures... 11 Enforcement Policy... 11 Schedule of Fines... 11 Forms... 12-15 2
Introduction Welcome to Mountain Cove! As a new or existing homeowner, we again welcome you to this unique gated community. We believe Mountain Cove is a special place with the Angeles National Forest, mountains, streams and of course, the beautiful homes and the community we enjoy. The purpose of this booklet is to provide each homeowner with information on the Rules and Regulations that govern our community. These Rules and Regulations apply to everyone. They have been established to maintain and enhance the property values within our gated community. The Rules and Regulations are to be used along with the CC&R s and Design Guidelines. Definitions The following definitions may be helpful in understanding the contents of this document. Design Review Committee Association Rules Board CC&R's Common Area Design Guidelines The committee of owners appointed by the Board to review and approve or reject homeowners' requests for improvements or modifications to private lots as well as common areas. Rules and Regulations adopted by the Mountain Cove Community Association's Board. These rules regulate the use and enjoyment of the property. The Association is a corporation. The "Board" consists of five (5) Directors, elected by the Owners. The Directors are elected to two (2) year terms. Each Director is an owner of a lot within the Association. The Board is responsible for running the corporation, enforcing the Association's CC&Rs and other governing documents (including these Rules) and maintaining the Association's common areas. Refers to the Declaration of the Covenants, Conditions and Restriction recorded against each lot within the Association. Property owned by the Association (or over which the Association has an easement) for the common use and enjoyment of the Owners and their guests, including the Lodge, pool, picnic area and the common streets and sidewalks. Procedures and standards for submission of plans to 3
the Design Review Committee. The Design Guidelines are a separate document prepared by the Association. Owner Resident The Property The owner of the property. The resident of the property. Refers to the common areas, streets and walking trails. FirstService Residential The Mountain Cove Homeowners Association has hired the services of the FirstService Residential to assist the Board and homeowners in the daily management of our Association. Their duties include billing and collection of monthly association dues, general correspondence, weekly inspections, dispatching of service personnel for repairs to the common areas (front gate repair, directory additions and changes, pool/spa maintenance and landscape maintenance). In addition, FirstService Residential is to receive all homeowner Architectural Request Forms. Please send all correspondence and/or contact to: Mountain Cove Homeowners Association C/o FirstService Residential 195 N Euclid Ave Upland CA 91786 Fax Number is (909) 981-7631 The telephone number is (909) 981-4131. Voice mail messages may be left at any time. Please remember to leave your name, address and phone number with your message. Authority The Board of Directors has adopted these Rules & Regulations by authority of Mountain Cove CC&R's Article IV.4.2.7. The Board of Directors reserves the right to change, add, or delete any information contained within the Rules and Regulations. Homeowners will be notified of any changes, additions, or deletions. The implementation of the updated Rules and Regulations supersedes any existing written or verbal rules or regulations implemented by this or past Board of Directors. Board of Directors Monthly Meeting The Mountain Cove Homeowners Association Board of Directors meets monthly (except in December). In the event that the meeting date falls on a holiday, the meeting will generally be held on the next business day. The meetings are held at 7:00 p.m. at the Mountain Cove Lodge, Homeowners are welcome to attend. *** The Board of Directors reserves the right to cancel or change the meeting date or time. Every effort will be made to notify the homeowners of any changes. 4
However, changes are sometimes made with short notice. Please call (909) 981-4131 for meeting verification. Emergency Notification Any homeowner reporting an emergency (fire, flood or life threatening issue) to FirstService Residential may call (909) 981-4131, 24 hours a day, 7 days a week. But first call the appropriate governmental agency, such as the fire department or police department. If you are calling to report a service request, please call during regular business hours. General Rules The following general policies have been established by the Mountain Cove HOA. 1. Party Walls. In accordance with the CC&Rs (Article IV- 4.6.1 a-b) each wall or fence placed on the dividing line between adjacent Lots is a party wall. The cost of reasonable repair and maintenance shall be shared by the Owners of the lots connected. The general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply thereto. 2. Walkways. Walkways are limited to pedestrian traffic. Bicycles, roller blades, roller skates, scooters (non-motorized) are allowed as long as they are operated in a safe manner. Pedestrians shall have the right of way at all times. Please exercise safety at all times. 3. Parkway grass and trees are Association responsibility. Climbing on common area trees is prohibited except by authorized maintenance and landscaping personnel. No cutting or removing of parkway trees is permitted. 4. The MAXIMUM SPEED within the Mountain Cove Association is 25 MILES PER HOUR. Children are at play at all hours. PLEASE DRIVE SLOWLY. 5. Holiday lights may be installed as early as November 15th and must be removed no later that January 15th. Flags and decorations for other holidays may be installed, but must be removed one week following said holiday. 6. Each homeowner shall be liable to the Association for any damage to the common area or Association owned property. 7. Vehicle repairs shall not be performed on any driveway or in the streets. Vehicle repair must occur completely inside the garage. 8. Excessive noise caused by loud music or other devices that becomes an annoyance or nuisance to other residents shall not be permitted. Quiet Hours from 11:00 p.m. until 7:00 a.m. No construction work, gardening, or similar type of work 5
shall not begin before 7:00 a.m. on Saturday, Sunday or Holidays. 9. No skateboard ramps, portable basketball hoops or any other type of similar amusement items may be left in the common area. These items must be stored off common area when not in use. 10. Homeowners must maintain well-manicured front and rear landscaping. Private Lot Improvements Private lot improvements, including but not limited to, tree additions/removals, pool/spa installations, fountain/pond installations, walls, concrete tree wells, balustrades, columns, retaining walls, planters, sidewalk additions, front door changes, patio and patio covers, basketball hoop installation, exterior television antennas, and exterior paint or stucco color changes must be approved by the Design Review Committee. An owner whose application for Design Review Committee approval is denied can appeal that denial to the Board. See the Design Guidelines for more information on the application and appeal process. Failure to obtain the necessary approvals from the Design Review Committee before commencement of construction shall be considered a violation and may result in disciplinary and/or enforcement action. The Mountain Cove Board of Directors has the authority to stop construction until there is compliance with the Rules and Regulations and CC&R's. All necessary permits or licenses shall be the responsibility of the owner. All work shall be completed in a timely manner, not to exceed six months from the commencement of the project, or as approved by the Board. Mountain Cove Design Review Committee application forms may be obtained from FirstService Residential at (909) 981-4131. See the Design Guidelines for more information on the architectural application and approval process. Architectural Security Deposit: A refundable security deposit in the amount of three hundred dollars ($300.00) was collected through escrow. If during construction of the improvements, the common area is damaged by the Owner or the Owner s agents, the security deposit will be applied to costs incurred in restoration, clean up and repair of the common area. The Association may require other additional security deposits. Any remaining security deposit not applied to repairs, restoration or clean-up of Common Areas shall be returned to Owner after completion and final inspection of the proposed Improvement. In addition to or in lieu of a security deposit, the Committee may require an indemnity, bond or restoration agreement. The requirement of a security deposit shall not be construed to be a waiver of 6
the Association s right to levy Special Assessments under the CC&R s for amounts not covered by the deposit. Owner s who posted the deposit, will forfeit the deposit unless the following conditions have been satisfied: 1) Landscaping plans are submitted and approved 2) Landscaping is installed in compliance with those plans. 3) Notice of Completion has been filed and inspection completed by Architectural Committee Member and no architectural violation fines have been posted against the property. 4) No architectural violations have been applied to the account because of the not meeting rules 1-3 within the six months as stipulated in the Architectural Guideline not being satisfied. Unless otherwise noted: Owner s who have originally posted the deposit transferred the property prior to the refund conditions being satisfied, the deposit will forfeit to the Association. If any of the above Architectural Rules have not been completed the $300.00 deposit will be forfeited to the Association under the direction of the Board of Directors. Trash Collection/Storage/Placement The City of Azusa trash collection is each Monday except on national holidays. Household trash is to be placed in trash container. All trash containers MUST BE COVERED. Please remember that wild animals are still in the area. Trash containers and refuse should be placed out no earlier than 5:00 p.m. the night prior (Sunday night) to collection. THE SIDEWALKS ARE ALWAYS TO REMAIN CLEAR. Empty containers are to be removed the evening of collection. You may contact Athens with questions regarding trash service. Lodge Use: RESERVATION AGREEMENT: Use of the Lodge is strictly for homeowners in good standing only. Individual homeowners must reserve the Lodge for special events by submitting the lodge application with deposit and must be received by the management company 15 days prior to their event. There is a $250.00 fee/deposit, $150.00 which is refundable only after an inspection of the facilities, two separate checks must be written to Mountain Cove HOA, 1 st check for non-refundable $100.00 fee and 2 nd check in the amount of $150.00. The homeowner is solely responsible for any damages to the building and/or furnishings; and in the event the damages exceeding the $250.00 fee/deposit, the excess amount for same will be billed to the Homeowner. Mountain Cove HOA reserves the right to increase 7
the deposit amount. $150.00 of the deposit will be refunded if there is not any property damage sustained to the lodge and all rules are adhered to. Use of the lodge is on a first come first serve basis. 1. Absolutely NO ALCOHOLIC BEVERAGES or glass containers allowed. 2. Reservation is strictly for the clubhouse only and should not interfere with the use of the pool by other residents. 3. You must remove all trash generated by your party when you leave. In the event that the lodge is not cleaned the same evening of the party, all or a portion of your deposit will be kept for cleaning costs. 4. There is a maximum of 73 guests allowed. 5. You may not use tape on any painted surfaces. 6. All guests must park along Mountain Laurel north east of the round about. RESIDENTS AND GUEST THEREOF MAY NOT PARK ALONG WILD FLOWER. NOTE: Place all the No Lodge Parking cones located in the storage room on the parkway along both sides of Wildflower. Failure to do so will be loss of entire lodge deposit. 7. No structure, such as a "bounce house" is permitted to be installed or used anywhere on the common areas, at any time. 8. Homeowner is responsible for any damage and for all plants, candles and decorative items. 9 Any resident utilizing the lodge is responsible for notifying their guests of the rules. Pet Rules 1. Homeowners are required to keep pets on a leash when in the common area. This is for the protection and the safety of our residents. 2. Pet owners are responsible for the immediate clean up of pet litter dropped in any area of the complex. This includes all common areas, trails, street, sidewalk area, and neighbor's yards. Be sensitive to your neighbors and clean up all pet litter in your own yard daily and place the waste in a COVERED trash container. 3. Failure to clean animal waste from your front or back yard, may result in fines from the Homeowners Association and may be reported to the LA County Health 8
Department. 4. Excessive Dog Barking could constitute a nuisance and as such be prohibited by Article II - Section 2.3 of the CC&Rs. Homeowners may be invited to appear before the Board regarding barking dogs. Please be considerate of your neighbors. 5. The Board has the right to require removal of any animal or animals that constitutes a nuisance or danger to other residents. 6. Cats should be left indoors. Street Lights 1. The street lights are the property of City of Azusa. Please report any burned-out street lights to City of Azusa Light and Water (626) 812-5225. Pool/Spa Rules 1. Pool/spa may be used from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 am to 11:00 p.m. on Friday and Saturday. 2. Residents are allowed four guests per home. Resident must accompany guests when using the pool/spa. 3. Animals are prohibited from being inside the gated pool area. 4. Glass containers and alcoholic beverages are prohibited in the pool/spa area. 5. Battery operated radios are allowed but prohibited within 3 feet of the water and must be kept at a volume so as not to interfere with the enjoyment of other residents using the pool/spa. 6. Residents must have a pool key in their possession while using the pool. Gates must be kept closed and locked at all times. 7. No bicycles, roller blades, scooters, or skateboards are allowed in the enclosed pool/spa area. 8. Residents and or guests thereof must be 14 years of age or accompanied by an adult. 9. Incontinent persons must use rubber pants when using the pool/spa. Diapers are 9
prohibited. 10. Running, diving and horseplay is prohibited in the pool/spa area. 11. Life guard services are not provided. Residents and guests using the pool do so at their own risk. 12. California Health Department prohibits the use of the spa by children under the age of 14 unless accompanied by an adult. Sign Rules 1. No sign, poster, billboard, advertising device or other display shall be displayed or affixed to any common area without Board approval. This includes signs for lost animals or signs for parties. 2. Only one (1) real estate for sale, lease or rent sign of reasonable dimensions, shall be permitted per dwelling. The sign must be displayed within the owner's property. 3. Contractor signs must be removed from the property at the completion of contracted job. 4. Any items advertised for sale, rent or lease may not include the front gate code in the publication. This includes publications such as the MLS used by realtors. Parking & Traffic Regulations Parking: 1. All vehicles owned operated or under the control of an Owner or resident must be parked in the garage or driveway of that Owner or resident to the extent of space available. Vehicles parked in the street between the hours of 3:00 a.m. and 5:00 a.m. must have an Association issued parking permit. 2. Vehicles parked on the street between the hours of 3:00 a.m. and 5:00 a.m. will receive one warning. Vehicles parked on the street without a permit will be towed at the registered owner s expense, on the second violation in any thirty day period. 3. Subject to the following restrictions, over night parking permits may be applied for by owners or residents for each vehicle exceeding four. Each owner obtaining an over night permit may do so at no cost. All vehicles (including the qualifying four) must be registered to the applicant s home in the complex. Owner must show proof of ownership of all vehicles to qualify for a permit. Permits will only be 10
granted if the requirements of CC&R s Article II 2.5.3 are met. The first permit shall be granted without hearing upon a showing that the requirements of this paragraph are met. Additional permits may be granted by the Board in its discretion after a hearing open to members of the Association. Residents of the street on which the applicant lives shall be notified of such hearing in advance and given an opportunity to provide input in person or in writing. 4. Replacement permits for lost or damaged permits may be obtained at a cost of $10.00. Each permit reported as lost or damaged will be void by serial number. Vehicles found displaying a voided permit will be subject to tow as outlined in section 2. Permits must be renewed every January 1 of the New Year at no cost. Should the original request be received within six months of the New Year, the permit will be granted for that next year. 5. Issued permits must be must be affixed to the vehicles drivers side rear bumper only. Any deviation from this rule will void the permit. 6. Authorized Vehicles (CC&R s, Article II, Section 2.5) with current and valid DMV registrations may be operated on the Association's streets by properly licensed drivers. Unregistered vehicles, including motorized skateboards, motorized scooters, motorized bicycles and similar vehicles may not be operated on the Association's roads, sidewalks or common area. 7. Boats and Recreational Vehicles must be stored in garages. Boats, and Recreational Vehicles may not be stored on the driveways or front or side yards, unless they are fully enclosed in a manner approved by the Association. Recreational vehicles may be parked in driveways up to 24 hours two times in a fourteen day period for loading and unloading only and may not be parked in a manner that impedes walkways and roadways. Only licensed non-commercial vehicles may be parked on Associations streets. Licensed recreational vehicles not bearing Association approved parking permits must be safe listed and for only (2) two 24 hour periods in a fourteen day period. Non Recreational Vehicles may be safe listed for a 72 hours. To safe list a vehicle, members can call directly to Russell Security (909) 608-7233 or log into their website, www.russellsecurity.us. It will prompt you to put the name of the association then please have the make, model and license plate number available when safe listing. Any vehicle parked on Association streets must be in compliance with California Vehicle Code requirements for street parking. Those that exceed or obstruct walkways, driveways and roadways will be subject to immediate tow. 8. Parking on the sidewalk or blocking of the sidewalk is prohibited. 11
9. Non operable vehicles or vehicles not used as primary transportation may not be stored in view of the common area. Traffic: 1. The speed limit is 25 mph. Please watch your speed! 2. Obey all traffic laws at all times. 3. Please use extra care and caution when driving on our streets, we have children that live and play in our community. 4. Loud music from moving or parked vehicles is prohibited at all times. 5. Motorized vehicles and motorized skateboards, motorized scooters and motorized bicycles are NOT permitted on the Association's roads, sidewalks or common areas, except properly registered, street legal cars and motorcycles not otherwise prohibited by the CC&R s or these Rules may be operated on the Association's roads by a properly licensed driver. View Obstructions Each owner acknowledges that there are no protected views in the properties and no lot is assured the existence or unobstructed continuation of any particular view. Vehicle Sales Passenger vehicles for sale are not allowed to be displayed in any common area. An unobtrusive "for sale" sign may be displayed on a vehicle otherwise allowed to be parked on a driveway under these Rules. Boats and Recreational Vehicles are not permitted to be sold on Association property. GARAGE/YARD SALES: Garage and yard sales are prohibited in the Association. Enforcement Procedures Any homeowner may report a violation; however reports must be submitted in writing and signed by the complainant. Written Complaints may be mailed to: Mountain Cove Homeowners Association 195 N Euclid Ave, Ste. 100 Upland, Ca. 91785 Fax Number is (909) 981-7631 E-Mail Address is custsvc@euclidmanagement.com 12
The Rules and Regulations are established to maintain property values and allow our homeowners to live in a beautiful and tranquil community. The primary objective of the Board of Directors is to achieve compliance. Enforcement and fines may vary depending on the Board's interpretation of the facts presented. Enforcement Policy: First offense...courtesy Letter Second offense...warning Letter Third and subsequent offense of same violation...hearing Schedule of Fines General Rules and CC&R's: 1st...$50.00 2nd...$75.00 3rd...$100.00 Schedule of Fines Architectural: $100 per month. The Board reserves the right to assess reoccurring fines for any Architectural work that is not completed in the time frame outlined in the CC&R's. Failure to pay fines within 60 days from the date of assessment may result in homeowners being sued in Small Claims Court. Fines may be assessed daily, weekly, or monthly. Fines may vary depending on severity and may increase due to repeated violations. The payment on any and all legal fees or costs incurred by the Association to enforce violations or collect fines will be the responsibility of the owner and subject to small claims action against the homeowner. The homeowner will be responsible for all administrative and court cost. It is the owner's sole responsibility to inform their tenants of all Rules and Regulations. The owner is responsible for any damage caused by the tenants and or guests. The Board reserves the right to deviate from the courtesy letter, warning letter, hearing approach where the Board believes the same is appropriate. For instance, the Board could decide to send multiple warning letters before resorting to a hearing. Also, the Board could decide to skip the courtesy, warning and hearing process and instead immediately refer a violation out for legal enforcement. 13
MOUNTAIN COVE COMPLAINT FORM Name and/or Address in violation: (one address per complaint form) Date of Violation: Time of Violation Place of Violation: CLEARLY STATE THE FACTS CONCERNING YOUR COMPLAINT: Your Name (please print) Daytime phone number Your address in the Association Your signature Date NOTE: No action will be taken if this form is anonymous. Information pertaining to disciplinary actions taken will not be disclosed. 14
MOUNTAIN COVE COMMUNITY ASSOCIATION APPLICATION FOR PRIVATE USE OF LODGE NAME OF HOMEOWNER: ADDRESS: PHONE NUMBER (H) (W) DATE REQUESTED TIME - FROM TO TYPE OF FUNCTION: ***************************************************************************************************************** LODGE RULES 1) Absolutely, NO ALCOHOLIC BEVERAGES or glass containers allowed. 2) Reservation is strictly for the clubhouse only and guests may not use nor interfere with the use of the pool by other residents. During the summer months, pool monitors will be hired and will enforce the pool guidelines. 3) You must remove all trash generated by your party when you leave. In the event that the lodge is not cleaned, the same evening of the party, all or a portion of your deposit will be kept for cleaning costs. 4) There is a maximum of 73 guests allowed. 5) You may not use tape on any painted surfaces. 6) All guests must park along Mountain Laurel north east of the round about. RESIDENTS AND GUEST THEREOF MAY NOT PARK ALONG WILD FLOWER. NOTE: Place all the No lodge parking cones located in the storage room on the parkway along both sides of Wildflower. Failure to do so will be loss of entire lodge deposit. 7) No structure, such as a "bounce house" is permitted to be installed or used anywhere on the common areas, at any time. 8) Homeowner is responsible for all plants, candles and other decorative items. 9) Member must be in good standing to use lodge e.g. no violations and dues must be current. RESERVATION AGREEMENT: Use of the Lodge is strictly for homeowners in good standing only. Individual homeowners must reserve the Lodge for special events by submitting the lodge application with deposit and must be received by the management company 15 days prior to their event. There is a $250.00 fee/deposit, $150.00 which is refundable only after an inspection of the facilities, two separate checks must be written to Mountain Cove HOA, 1 st check for non-refundable $100.00 fee and 2 nd check in the amount of $150.00. The homeowner is solely responsible for any damages to the building and/or furnishings; and in the event the damages exceeding the $250.00 fee/deposit, the excess amount for same will be billed to the Homeowner. Mountain Cove HOA reserves the right to increase the deposit amount. $150.00 of the deposit will be refunded if there is not any property damage sustained to the lodge and all rules are adhered to. Use of the lodge is on a first 15
come first serve basis. The undersigned agrees to hold harmless Mountain Cove Community Association, FirstService Residential and any agents thereof free from any liability for any personal injury and/or property damage sustained by him or his family or guests while using the premises of the clubhouse. The undersigned further agrees to be present throughout the entire function for which the clubhouse is being rented and will be responsible for the conduct of the participants at that function. It is understood that if your check in the amount of $250.00, submitted with this application, does not clear the bank, your reservation will be null and void and a $25.00 NSF fees will be assessed to your account. Applications must be received 15 business days prior to the scheduled event and used is on a first come first serve basis; therefore it is recommended that applications are submitted as soon as possible to confirm your date. The undersigned has read all of the above and agrees to same. I UNDERSTAND THAT ANY VIOLATION OF THE RULES BY ME OR MY GUEST WILL RESULT IN LOSS OF ALL OR A PORTION OF MY DEPOSIT. HOMEOWNER'S SIGNATURE DATE * * * * * * * * * * * * * * *FOR OFFICE USE ONLY* * * * * * * * * * * * * * * * * * * Check received on: Check number: Amount: Sent to Clubhouse Chairperson: * * * * * * * * * * * * * * CLUBHOUSE COMMITTEE USE ONLY * * * * * * * * * * INITIAL INSPECTION Lodge inspected with homeowner on: Are any items missing or damaged?: FINAL INSPECTION Was lodge left clean and in same condition of initial inspection? Yes If no please list items damaged and or missing. No PLEASE CIRCLE ONE: A) I have inspected the lodge and authorize the Association to refund the deposit. B) Lodge was not cleaned apply $75.00 for cleaning costs and refund balance. C) Apply deposit to the above damages and obtain cost for replacement value of missing and or damaged items. Committee member name: Signature: 16