HomeMy WebLinkAbout2016042218 CC&RsRECOR O G REQUESTED BY:
FIRST A_51ER1C-ON TITLE COiiPAN-Y
Recording Requested By and
When Recorded Mad'I'o:
Midland Pacific Building Corporation
7305 Morro Road, Suitc 207
Ataseadero, California 93422
With a Copy'1'o:
- LZ-
ncclaration orCocrnants. Conditions and Re oiclioils
"I act 2428-1
(0ti '_9-2016)
n
2016042218
Tommy Gong
San Luis Obispo - County Clerk -Recorder
08/29/2016 08:00 AM
Recorded at the request of
FIRST AMERICAN TITLE COMPANY
Titles: 1 Pages: 47
Fees: $159.00
Taxes: $0.00
Total: $159.00
(0
ITIONS, AND RESTRICTIONS
Association
3enefit Corporation
-Page I of 46 -
DOC #2016042218 Page 2 of 47
INDEX
to
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
Toscano Homneowner's Association
a California Nonprofit Mutual Benefit Corporation
DEFINITIONS
.I
Annexable Property -------------------------------6
1.2
Articles 6
1.3
Assessment 7
1.4
Association 7
- ------------------ ----- ---------------------------------------------------
1.5
Board of Directors 7
----------- --- - ---- ------- --- ----------------------------------------------
1.6
Bylaws.----- --------7
- - -- - - - - - - - -
1.7
Common Area - - - 7
- - ---------------------- ---------------------------
1.8
Common Facilities- __.. ........... .. 7
- - _............._ --- -----7
-
1.9
Common Expenses-
1.10
----- ----- -----------------------------------------------------------------------
Common Inter s - 7
1.11
Declarant 7
1.12
��,.---------- ------------- --- ------------------------------------------------------------------------
)cc rr, ion...- - .................... - 7
1.13
GI'gi le io er o s 7
...-. -- - ..........
1.14
I �i . ns -e r uarantor- - - 7
1.15
li e ortg e-lolder-----------------------------------------------------------------------7
1.16
I' s Len r _ _ 8
1.17
igot ortga ........................................ ------------------------------ ------------------8
1.18 I -cc sr e
1. Mei b r 8
- Page 2 of 46 -
Declaration of Co, ena tits. Condit ons and Restrictions
Tracl2428-1
(06-29-2016)
DOC #2016042218 Page 3 of 47
1.30 Subdivision Map ---
ARTICLE II
DESCRIPTION OF LAND AND IMPROVEMENT'S, DIVISION OP PRO
AND CREATION OP PROPERTY RIGHTS
2.1 Description of Property
2.2 Division of Property ..............................................
2.3 Exclusive Ownership and Possession by Owner--
2.4 Easement of Use
2.5 Delegation of Use
2.6 Encroachments
------------------------------------- ---2.7 Association's Association's Easements and Grant f easement
2.8 Other Easements
----------------------------------- --- --------------
2.9 Rights of Entry and Use
-------------------------- ------ --------
2.10 Partition Prohibited
ARTICLE III
USES OP THE PROPERTY
ARTICLEIV
---9
3.1 Residential User--_-__- _-_ _ __-- _- _ - I
3.2 Delegation of Righ Use __ ------------------------------------------------ -----_- I I
3.3 Leasing---------- - 12
3.4 Restrictions of f Lo ..............-........__... - --_---... ---- ------------ 13
3.5 Restrictions n se of o nmon Area and Common Facilities 16
-
---------
ASSOCIATI
4.1
4.2
4.3 -
IST ION, MEMBERSHIP AND VOTING RIGHTS
18
-------------------
tion anag a Common Area 18
nted to a Nonprofit Mutual Benefit Corporation--- I9
-----------
ors 19
rredMembership ------------------------------------------------------------------- -----19
Rights 19
for Service of Process 19
S
:reation of the Lien and Personal Obligations of Assessments 20
'urpose of Assessments------------------------------------------------------------------------ 20
\sscssments 20
----------------------------------------------------------------------------------------------
- Page 3 of 46 -
Declaration of Covenants. Conditions and Restrictions
'I tact 2428-1
(06-29-2016)
DOC #2016042218 Page 4 of 47
5.4
Restrictions on Increases in Annual or Special
Assessments
5.5
Notice
---------- --21
22
5.6
Mcetings---------------------------------------------------------------------------------------------
22
5.7
Division of Assessments -----------------------------------------------------------------------
5.8
Effect of Nonpayment--------------------------------------------------------------
-------- -22
5.9
Transfer of Lot by Sale or Polcclosurc
5.10
Remedies.
5.11
Unallocated Taxes,--- -_-
ARTICLE VI
DUTIES AND POWERS OF THE ASSOCIATION
6.1 Duties 26
6.2 Powers- - - - - - - - - - - - - - - - 30
ARTICLE VII
UTILITIES
7.1 Easements for Utilities and ❑ ance 34
7.2 Association's Duties 34
ARTICLE Vill
INSURANCE, DAMAGE OR DE tUC" i ONDEMNATION
8.1 Insurance -- 34
--------------------------------------------------
8.2 Limited Liabil' � olu e Officer or Director;
Scope of Duti -- - 37
8.3 Dal or D t coon 38
9.4 C 1 cm tl o o I on Area 39
--------------------------------------------------
8.5 Co`Iy an 'P I
-.-........ ...-....... .-----39
ARTICLE IX
ARCHITEC"' AL� ITTEE
9. m Itt embers 39
---------------------------------------------------------------------------
9. Mee i s- 39
9. App o al Required. --...._........................... 39
�4��_Ilioduce 40
iability. 40
9.6 ubsequent Governmental Approval Required .... -... ___ -----_.....__..-_-40
: -7 Failure to Respond by the Association --_-------------- ........... 40
- Page 4of46-
I)cc lit, tit ion of Coven ants, Con, Iit ons and Res tricItons
'I i act 2428-1
(06--29-2016)
DOC #2016042218 Page 5 of 47
ARTICLE X
GENERAL PROVISIONS
10.1 Enforcement
10.2 Invalidity of Any Provision 4
10.3 Term
a
----------
10.4 Amendments 110.5 Annexation
10.6 Rights of First Lenders10.7 Owner's Compliance----
--------------------------------------------- --------
10.8 Notice 4---- -------
10.9 Alternative Dispute Resolution___-__--. --.-.46-------10.10 Number and Gender, _--__--_.---_--46
- --- - --------------
- Page 5 of 46 -
I)tGai at,on of Covenants, Conditions and Restnaions
Tract 2428-1
tu6w-2o 16
DOC #2016042218 Page 6 of 47
RECITALS
THIS DECLARATION, made on the date set forth below in this instrument
Margarita Ranch SLO, LLC (die "Declarant"), is made with reference to the following ac ,
A. Location of the Property. Declarant is the Owner of a certai real
property (the "Property") located in the City of San Luis Obispo , County of ' n L7iSl i po ,
State of California, more particularly described as Lots I through 14, 72 throug 8 4 and
Lots 86 through 107 of Tract Map 2428-1. as recorded in Book36. of M a In the
office of the County Recorder of the County of 5M Lu(s e o a Porl 'a. 12
D. The Project. The development shall be refe(e�toas the as defined by
the provisions of this Declaration.
E. Owner's Interest. Each Owner of a Lot WI ecelve a la s pate interest in an
individual Lot. Each Lot shall have appurtenant to it a mein ship I 'oscano I-lomcowner's
Association, an incorporated association.
F. Mutually Beneficial Restrictions. DeeW i ntcnds by this document to impose
upon the Project mutually beneficial restriction d the =e ral plan of improvement for the
benefit of all Owners of Lots in the Project.
NOW, THEREFORE, De O
conveyed, mortgaged, encumbered, I
the declarations, limitations, covenal
Declaration, all of which are impo<
development of the Pro' t for t
attractiveness of the Pro' a1
of the Project. All of I - tat' f
constitute covenants h t r w' h tht
assigns, and all parti h 'ug a t '
or the Property in the I r c
Iara t iere d ires that the Project shall be held,
used t occupied, sold, and improved subject to
nditt is, •estrictions, and easements contained in this
as eqi t le servitudes pursuant to a general plan for the
c urpo e of enhancing and protecting the value and
a o it, in accordance with the plan for improvements
,covenants, conditions, restrictions, and easements shall
n and are binding upon Declarant and its successors and
ng any right, title, or interest in or to any part of the Project
ARTICLE l
DEFINITIONS
I.I. xa 1)erly. "Annexahle Property" means the property included in the
�inail Lot of - Map 2428-1 which may subsequently be annexed to the Project.
1.2.'Aliclds�`Articles" means the Articles of Incorporation of Toscano Homeowner's
Assocla o as amended from time to time.
- Page 6 of 46 -
nttlaration of Covenants, Conditions and Restrictions
"I'rt ct 2428-1
106 29-2U16)
R
DOC #2016042218 Page 7 of 47
1.3. Assessment. "Assessment" means that portion of the cost of maintaining, impro ing,
repairing, operating, and managing the Project that is to be paid by each Owner as determin 1d y
the Association, and includes regular and special assessments.
1.4. Association. "Association" means the owners association which shal
Homeowner's Association, in incorporated association, the Members of which
of the Lots of the project.
1.5. Board of Directors. "Board of Directors" means the governing bo0y-of hee'ss ciiafion.
1.6. Bylaws. "Bylaws" means the Bylaws of the Association, as ameiuleed from time to h6c.
1.7. Conanon Area. "Common Area" means all real pr rty owned Association for
the common use and enjoyment of the Owners and s al include u o conveyance to the
Association, the land designated as Lots 81, 84, and the e s meats for p -i ate streets as shown
on the recorded final map of Tract, and any other plot of if which r be conveyed to the
Association.
I.S. Common Facilities. "Common Faciliti
Common Area and/or the easements for private
1.9. Common Expenses. "Common Ex
maintaining, repairing, operating and c a
by the Board of Directors, and all sums<
Governing Documents.
1.10. Common Interest. ""Comm n Inte
Association.
1.11. Declarant. ai i ' 1 •a N
assigns.
n
1.12. Declaration. c rationt
Restrictions for Tra 8- a me
1.13. Eligible I older o ?gages.
"Eligible Mortga e older ".
any improvements constructed in the
yvactual and estimated expenses of
Area for that purpose as determined
on Expenses by or pursuant to the
the Common Area that is owned by the
Ranch SLO, LLC , and its successors and
Ancans this Declaration of Covenants, Conditions and
tided or supplemented from time to time.
"Eligible Holder Mortgages" means mortgages held by
1.14. 1'gib I firer or Guarantor. "Eligible Insurer or Guarantor" means an insurer or
90�vein r al guar t r of a First Mortgage who has requested notice of certain matters from the
A�sc Jatio a ccordance with the provisions of this Declaration.
1.15. �h ible Mortgage holder. " E;ligible Mortgage Holder" means a First Lender who has
rcyuestcd i lice of certain matters from the Association in accordance with the provisions of this
'Jar, I
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nedaration of Covenants. Conditions and Restrictions
I rnc12428-1
(06 29-2016)
DOC #2016042218 Page 8 of 47
1.16. First Lender. "First Lender" means any person, entity, bank, savings and loan ins
insurance company, or financial institution holding a recorded First Mortgage on any Lot.
1.17. First Mortgage. "First Mortgage" means any recorded mortgage made in
for value on a Lot with first priority over other mortgages on that Lot. /
1.18. Foreclosure. "Foreclosure" means the legal process by which the mortga Ie rope - y of a
borrower in default under a mortgage is sold, and the borrower's interest is ro rt sold,
pursuant to California Civil Code section 2924 et seg.; sale by the co u t ursu It It rnia
Code of Civil Procedure section 725a el seq.; or transferred by deed ( r assignor r t) in a of
foreclosure. �7
1.19. Lot. "Lot" means any plot of land numbered Lots I through l4, 7 through 80, 81, 84,
and Lots 86 through 107 of Tract Map 2428-I, inclusive a s 7 on the Subdivision Map, and
all lots included within any Annexable Property.
1.20. Member. "Member" means a person %edtombershipin the Association as
provided by this Declaration.
1.21. Mortgage. "Mortgage" means a deeds a mortgage, both of which are
security for the performance of an obligation.
1.22. Mortgagee. "Mortgagee" i
mortgagee.
1.23. Mortgagor. "Mortgagor"
1.24. Owner. "Owne
any person having fee .
interest merely as se up
of sale and the cent c
considered the Ownet<
contract
a holder of a deed of trust as well as a
of a deed of trust as well as a mortgagor.
Wider of title to a Lot in the Property. This includes
Lot, but excludes persons, entities or trusts having any
ante of an obligation. If a Lot is sold under a contract
Drded, the purchaser, rather than the fee owner, shall be
the Association receives written notice of the recorded
1.25. Person. erson" anus a natural person, a corporation, a partnership, a trust, or other
legal entity
1.26. =ise.-�hase" means two or more Lots and/or Common Area which will
moult co sly be made subject to the provisions of this Declaration.
1.2 oieProject" means Lots I through 14, 72 through 80, 81, 84, and Lots 86 through
107 of ' a Map 2428-I subject to this Declaration as described on the Subdivision Map, the
Annexabl 1 roperty, and all improvements on the real properly.
- Page 8of46-
Declnndion orCorrnants. Conditions and RegncIions
Tn,ct 2429-1
(06-29-2016)
DOC #2016042218 Page 9 of 47
1.28 Projecl Dociemews. "Project DOCUments" means this Declaration, as amended fron
to time, together with the other basic documents used to create and govern the Project, incl
the Subdivision Map, the Conditions of Approval, the Articles, the Bylaws, (but excl
unrecorded Rules adopted by the Board of Directors or the Association).
1.29 Rules. "Rules" means the rules adopted from time to time by the As
the terms of this Declaration.
1.30 Subdivision Map. "Subdivision Map" means the final recorded
which is recorded in the book of Maps at the pages referred to above i
Page 9 of 46 -
Declaration of Covenants, Conditions and Restrictions
'Tract 2428-1
(06 29-2010)
to
nap 'rac 8-1,
office o'thc unty
, bd' 1 on maps for
PROPS, RTY,
Property will consist
he Association, and
fly shown and as set
nnexed property.
le entirety of Lots 81
. The Common Area
Jdent with, the first
vider shall retain for
Area and casements
shall be entitled to
deemed to own the
Owner's Lot which
such utilities, except
Any conveyance or
id any other benefits
cnant to each Lot is
consent of all the
DOC #2016042218 Page 10 of 47
2.4 Easement of Use. All Common Area shall be available for use by all Owners.
2.5. Delegation of Use. Any Member may delegate his or her right of enjoyment to
Common Area facilities to persons who are actually occupying that Owner's Lot all"
members of that Owner's staff, or that Owner's invitees, guests, tenants or contra rcha!
The guests of a legal or equitable Owner of lessees shall be entitled to use of the of A
subject to such Rules as the Board of Directors may adopt.
2.6. Encroachments. Each Lot and its Owner shall have and is grante n c eni ,er all
adjoining Lots and the Common Area for the purpose of accommodatiIII ny c r ac e due
to engineering errors, errors in original construction, settlement or shir, it I of str c ores, Wany
other cause as long as the encroachment remains. However, ' no ven s II a , id easement
for encroachment exist in favor of an Owner if' the ci r chment o'c - due to willful
misconduct of the Owner. An encroachment permit froi the City sh II be required prior to
encroaching within a public easement.
A. In the event a structure on any Lot is partialfy-qor-Cotaffy destroyed, and then
repaired or rebuilt, the Owner of each Lot agree, t , t minor encroachments over adjoining Lots
and the Common Area shall be permitted and there . is be valid easements for the maintenance
of the encroachments as long as they shall exist. Ea t and its Owner shall have and is
granted an easement, appurtenant to such Lot e. ca i a _ r 'ng Lot or the Common Area, as
the case may be, for retaining walls and other •t ue( rat c onents as originally constructed or,
if partially or totally destroyed, as a seen n 1y r bu I r repaired in accordance with the
original plans and specifications.
B. There shall be, in advali appropriate easements for the maintenance
of such encroachments.
2.7. Association's Ea. eenl n G nT Basements. The Association shall have an easement
over, under and throu i I ml of rea and each Lot where necessary for any construction,
maintenance, repair o o 1 -tio quired of the Association by this Declaration. The
Association shall ha • i rig t rant exclusive and non-exclusive, and specific as well as
blanket, easements in, ver, dt46r, and through the Common Area for public and private
access, public and p • e u t , and drainage purposes.
2.8. Other E s menls. -a �h Lot and its Owner and the Association, as the case may be, is
declared to be su j 't to al asements, dedications, and rights -of -way granted or reserved in, on,
over, and W et ie 'rope - and each Lot.
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neclmntion of Coecnants. Conditions and Restrictions
'I nid 2428-1
(06=29-2016)
DOC #2016042218 Page 11 of 47
2.9. Rights of LnDy and Use. 'file Lots and Common Area shall be subject to the to]]o ing
rights of entry and use:
A. 'file access rights of the Association to maintain, repair, or replace im
on property located in the Common Area and the individual lots as may be requir
6.I.A. /i
B. The access rights of each residential Lot Owner to maintain, r a' or I- lace
improvements or property located on his or her individual Lot.
B. The rights of the Owners and the Association to inst I mamt, it , rep or
replace public and private accessways, public and private crib' s, at dr, in IC St ores.
C. 'file encroachment easements described abo e A
E. The rights of Owners to make improven n or al r- bons authorized by
California Civil Code section 4760, subject to the provisions t Is claration to the extent
applicable.
F. Solid waste collection vehicles, utility s v' e vehicles, and emergency vehicles
shall have the right to access the private accessc t ar s . sown on the Subdivison Map.
2.10. Partition Prohibiled. The C�tt ion l
provisions of this Declaration. Except a •o
Owner shall bring any action for partitio 1
restriction is necessary in order to p(icial
the
and management of the Project. RI partipersons and division ofthcproc is no
YaalHain undivided as set forth in the
fornia Civil Code section 4610, no
on Area, it being agreed that this
of the Owners with respect to the operation
sale of a single Lot owned by two or more
cited.
TICLE III
THE PROPERTY
3.1 ResicfI/ sec's Lots shall be restricted to only those residential uses approved
by the City of S O spo, nd no part of the Project shall be used or caused, allowed, or
authorized to be a ed in a y way, directly or indirectly, for any other use. Secondary dwelling
units are express .ohibi I. Notwithstanding the above, Declarant, its successors and assigns,
may use t and .ots for models and model sites, advertising and other purposes
incidenta nd I c sary for completion of construction and sale purposes; provided however,
I�eclar gall not casonably interfere with any Lot Owner's use or enjoyment of his/her Lot.
3.2 \ \ '�PiJegalion of Rights of Use. Any Owner may delegate his rights of use and
ct, including any recreational facilities, to the members of his family, his
/ees, and invitees, and to such other persons as may be permitted by the
ation Rules, subject however, to this Declaration. However, if an Owner
- Page I I of 46 -
Declaration of Covenants, Cond icons and Restrictions
'Ciao 2429-1
(06-29-2016)
DOC #2016042218 Page 12 of 47
has sold his Lot to a contract purchaser or has leased or rented it, the Owner, members o'the
Owner's family, guests, tenants, employees, and invitees shall not be entitled to use and ci.l �y
any of such rights in the Project, while the Owners Lot is occupied by the contract purchaser o-
tenant. Instead, the contract purchaser, or tenant, while occupying such Lot, shall be in t
use and enjoy such rights, including the recreational facilities, and can delegate the its o
and enjoyment in the same manner as if such contract purchaser or tenant were a v r wring
the period 01' his occupancy. Each Owner shall notify the Secretary of the 1 M ciation o the
names of any contract purchasers or tenants of such Owner's Lot. Each N er, c I ract
Purchaser, or tenant also shall notify the Secretary of the Association of t nai a rsons
to whom such Owner, contract purchaser, or tenant has delegated a y ng t o Is and
enjoyment and the relationship that each such persons bears to the Own r, contrac urchas r, of -
tenant.
Any delegated rights of use and enjoyment are subject > sus enst n th s me extent as
are the rights of Owners. No such delegation shall reli v an Owner lability to the
Association or to other Owners for payment of assessnie it or perforl at ce of the covenants,
conditions, and restrictions contained in this Declarati i. Any lease, rntal agreement, or
contract of sale entered into between an Owner and a tenan r -ontract ) -chaser of a Lot shall
require compliance by the tenant or contract purchaser with al the c enants, conditions, and
restrictions contained in this Declaration, which pr wlsion shall be for the express benefit of the
Association and each Owner. The Association an e h Owner shall have a right of action
directly against any tenant or contract purchaser of an'owr, as well as against the Owner, for
nonperformance of any of the provisions of thi, la tic 00 he same extent that such right of
action exists against such Owner. n
3.3. Leasing. An Owner is permitteddtt Ilse Y is Lot for a period not less than ninety
(90) days. The lease must be for the entire t it a portion thereof. No Lot shall be used
for operation of a timesharing, fract'o arin o imilar program on a fixed or floating time
schedule over a period of years. An ease or e to agreement shall be in writing and any tenant
shall abide by and be su to a Irms a provisions of the Project Documents and the
Association Rules. All r h r n rc a nts shall specify that failure to abide by such
provisions shall be a It der ie ease or rental agreement. All Owners and tenants shall be
subject to the follow" : /�,
A. Each O r all provide a copy of the Project Documents and Association Rules
to each tenant and ber ie tenant's family of his/her Lot. By becoming a tenant, each
tenant agrees to�sa documents, and recognizes and accepts the right and power of
the Association t vrct a t n nt for any violation by the tenant of these documents.
B. ci wnor who lease or rent his/her Lot shall promptly notify the Secretary of
the Asq
lion �n riting of the names of all tenants and members of the tenant's family
upyuch Lo T d shall provide the Secretary of the Association with a complete copy of
t tc Owner leasing his/her Lot shall promptly notify the Secretary of the Association
of th a ress n telephone number where such Owner can be reached.
C. Any failure of a tenant to comply with the Project Documents and/or the
tint I Rulcs, shall be in default under the lease, regardless of whether expressly so
- Page 12 of 46 -
Declaration or Covenants. Conditions and Restrictions
Tract 2429-1
(06-29-2016)
DOC #2016042218 Page 13 of 47
provided. In the event of any such default, the Owner immediately shall take all actions
the default including, if necessary, eviction of the tenant.
D. If any tenant is in violation of the provisions of the Project Do mart
Association Rules, the Association may bring an action in its own name and/or iI nam
the Owner to have the tenant evicted and/or recover damages. The Associationays
e the
tenant and Owner notice in writing oP the nature of the violation and twenty )I the
mailing of the notice in which to cure the violation before the Association may f1i n.
E. if the Court finds that the tenant is violating, or has violas , any e p Ions
of the Project Documents and/or the Association Rules, the Court may 1 td the t n nt gut y of
unlawful detainer notwithstanding the fact that the Owner is I the lain ' t tl ction, and/or
the tenant is not otherwise in violation of tenant's lease. 17 r pw.poses o o tg an unlawful
detainer against the tenant, the Court may assume that the wrier or pc so in whose name the
contract (the lease or rental agreement) was made was acts 1 for the ben �ft of the Association.
The remedy provided by this subsection is not exclusive an i, in addi I to any other remedy
or remedies which the Association has. The Association may re cr ,if ' s costs, including court
costs and reasonable attorney's fees incurred i osccuting the unlawful detainer action in
accordance with applicable law.
3.4. Restrictions on Use of Lots. The Lots
A. Each Owner of a Lot e! II
his/her Lot, including the equipment ands
windows and doors in a clean, sanitar
complete discretion as to the choice
windows can be covered only by dr t es, sl
foil, cardboard, or other siy� ntat4 i s.
( on die Lot if it is
neatly trimmed; pr(
manner designed to
diseased plants shal
maintain all por
maintained on his/i
located
ot.
Lot.
following restrictions:
isib e or maintaining all improvements on
structure and its walls, roof, ceilings,
d attractive condition. Each Owner has
iishings, and interior decorating; except that
shades and cannot be painted or covered by
O ne is Lrther required to maintain the grounds and landscaping
cmg r'ntaincd by the Association. All landscaping shall be
ulti • tc and maintained in a neat and orderly condition and in a
is appef ranec. No plants or seeds infected with noxious insects or
h , gown, or maintained within the Project Lach Owner shall also
�ks, cks, balconies or other additions or improvements built or
==�Owncr shall maintain, repair, and/or replace any drainage facilities
At no time may an Owner fill in, change, and/or landscape in or around
hange the contour of the drainage facilities installed by the Declarant.
It shall be the equal obligation and responsibility of the adjacent Owners
costs of maintenance, repair or replacement of fences and/or walls bordering
Page 13 of 46 -
Declaration ofCo ,cnants. Conditions and Resirictions
'It act 2428-1
(06-29-2016)
DOC #2016042218 Page 14 of 47
B. Any building, landscaping or appurtenance of any kind shall require
approval by the Architectural Committee. No building, landscaping or appurtenance of a
shall be erected, placed or altered on any Lot in a manner that is inconsistent with the
architecture of the Project. This shall include harmony of external design and m
existing structure and as to location with respect to topography and finish grade clev ' n.
C. Each Owner, their successors and heirs shall comply
improvement restrictions and design criteria:
(1) Modification of anything permanently or tem o arily, i thoside
portions of the home is not allowed, whether such portion is improved r mimprov d, exe pt in
strict compliance with this section of the Declaration. This sh ne de it ut Ii ation, signs,
basketball hoops, swing sets and similar sports/play equipm , clotheslins, gc cans, wood
piles, above ground swimming pools, decks, patio covers an similar strt ct ires, walls, dog runs,
animal pens, fences of any kind.
(2) No Owner shall erect, construct or insta tent ack, basement, garage,
or outbuilding at any time to be used on his e Lot as a residence either temporarily or
permanently.
(3) No Owner shall erect, co str�c , or r t I outdoor storage units except in
designated storage areas.
(4) Replacement o
conform to the original fencing and/or Wa
(5) Fences shall
individual dwelling. /_1
Its on each Lot in this Project shall
Declarant.
the front setback beyond the front of the
(6) AlLfirep$ace�s�ll be gas -supplied, ratherthan wood -burning.
(7) h re th fi shed pad elevation for a lot along the westerly or southerly
boundary of project is more ei higher than the highest pad elevation of the lots adjacent
to it within the Ch r I tome Park, LI Camino Estates, or approved "tract Map 2353,
development of i e lot ithin this project shall be limited to a single story structure. In
no instance shal ear yar s tbacks for lots adjoining existing Chumash Village Mobile Home
Park, 131 Camino tes or a proved Tract Map 2353 be less than 20 feet.
Holiday decorations are welcome to be displayed 30 days prior to the
h,alida an must b oved 10 days after the holiday.
temporary structure, trailer, camper, mobile home, recreational vehicle, boat,
inopera e utomobile or similar equipment shall be permitted on any Lot.
No sign of any kind shall be displayed to the public view on any Lot except one
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(1) sign of not more than five (5) square feet advertising the property for sale or rent, or
used by the builder to advertise the property during the construction and sales period or
used in support of political candidates in accordance with state and state law.
h. No animals, reptiles, rodents, birds, fish, livestock, or poultry shall ept� er
on any Lot or elsewhere within the Project except for a reasonable number of is louse
pets of a kind approved by the Board in its discretion. No such animals steal e kept, b el, or
raised for commercial purposes. A reasonable number shall ordinarily include n t re th t two
(2) pets per household; provided however, a reasonable number may be I re le nding
on whether the pets constitute a nuisance to other Owners. Pets must b n lea i id the
control of owners at all times when outside the confines of the Lot wner(s , heir mily
members, guests, invitees, and tenants bringing or keeping a on pis/Ir .ot s a be liable to
other Owners, their family members, guests, invitees, and t t _ fits for any u nable noise or
damage to a person or property caused by their pet(s). Owt c s are requir d o immediately clean
Lip and dispose of all pet waste. Animal waste must be pla e into plastic b gs and properly tied
before disposing in an appropriate receptacle.
G. No noxious or offensive conduct sual1je allowed to occur upon any Lot nor shall
anything be done or maintained thereon which may c r become any annoyance or nuisance to
the Project or that in any way interferes with the uiet ment of occupants of the remaining
Lots or detract from their value. These restricti c de, u • re not limited to, the disposal of
any noxious, illegal, toxic or hazardous mat r'aI t gasoline, used motor oil, kerosene,
cleaning solvents or pesticides. Res o sibil y f r c I e t p and costs of clean up for such
infractions shall be the sole responsi i and o li a ion of the Lot Owner violating this
restriction. The use and discharge of firecra c an cr fireworks is also prohibited.
H. Exterior antennas and sate] l' c dishes greater than thirty-six (36) inches in
diameter or diagonal me men d ext i or antennas and satellite dishes designed for
Purposes other than the m r cep of of t ogratning and as provided in California Civil
Code section 4725 are, je aMrbval by the Board of Directors.
I. Any e oeYiclo "plying facilities erected or maintained in private yards must
be substantially screet r vie"othe street or any other residence in the Project. There
shall be no exterior o la dering of clothes on balconies, patios, porches, fences or other
outside areas.
1. N t egal a f vity of any kind shall be carried on upon any portion of the Project
or on any � t. or to a activity occur that shall increase the rate of insurance on an adjacent
Lot or in 6 "fine with the Common Area.
)Vif
All rubbish, trash and garbage shall be regularly removed from the Lots in
accti h City required provisions for trash collection and shall not be allowed to
accn any Lot. Trash, garbage and rubbish shall be kept only in sanitary containers. All
equarbage cans or recycling containers, woodpiles, or storage piles shall be screened
\ other Lots, streets and driveways, and Common Area. Garbage and recycling
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containers may be set out no more than 24 hours prior to pick up, and must be replaced in A,eir
usual storage place within 12 hours after pickup. Outside burning of trash, leaves, debris oi-ter
materials is prohibited. It is prohibited to dump any landscaping materials, trash, garbage, o
other debris on, over, or across the Common Area. The clean-up and costs of clean-r o , c
an infraction shall be the sale responsibility and obligation of the Owner violating th' stnc
and said Owner shall be obligated to clean up and/or pay the clean-up costs roily
member, visitor, or tenant who has violated this restriction.
L. All casements for private streets and private access an pa 'ng, s1 alks;
entries and passages outside of each Lot shall remain unobstructed at d �ei
be s for
purposes other than ingress and egress to and from Lots. Signs in ac o di Call rnia
Vehicle Code section 22658 shall be posted and maintainod—.—Whicl vi a on shall be
removed at the owner's expense. Garage spaces shall not e onverted i t use (such as a
recreational room or s(orage) that would prevent its use a parking s c- for the number of
vehicles the space was designed to contain, typically a two ,a maximum.
M. No motor vehicle shall be constructed, reco u�e'd r repaired within the
Project unless enclosed inside a private garage at displaced or inoperable vehicle, including
vehicles without wheels) or an engine shall be storbd,,ikvthc Project unless enclosed in a private
garage, provided, however, that the provision of this se6 1*ollshall not apply to emergency vehicle
repairs.
N. None of the Lots shall ford64
e v de subdivision map or parcel map, or
other means.
3.5. Restrictions on Use of Com o
Common Facilities shall onl be u e for
with common areas locatte within'lar
following restrictions:
A. No nl
Area nor shall anyth
or nuisance to the PI
the Lots or detract fr
of any noxious, i
cleaning solvent o
infractions shall bb
restriction. Tlie use
'ommon Facilities. The Common Area and
compatible with, and commonly associated
I developments in California, subject to the
u o ensi�cnduct shall be allowed to occur within any Common
don r aintained thereon which may be or become any annoyance
of hat in y way interferes with the quiet enjoyment oPoccupants of
lieu a c. These restrictions include, but are not limited to, the disposal
c o azardous material such as gasoline, used motor oil, kerosene,
sat es. Responsibility for clean-up and costs of clean up for such
s 1 responsibility and obligation of the Lot Owner violating this
I large of firecrackers and other fireworks is also prohibited.
No dal activity of any kind shall be carried on upon any portion of the
,,Nor shall an activity occur that shall increase the rate of insurance on any of the
All easements for private streets and private access and parking shall remain
and shall not be used for purposes other than ingress and egress to and from Lots.
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Signs in accordance with California Vehicle Code section 22658 shall be posted and mair
Vehicles in violation shall be removed at the owner's expense. Parking in the easeme
private streets and private access and parking shall be allowed in designated parking areas
(1) The applicable Public Agency shall be allowed to impose an nforcr
provisions of the applicable California Vehicle Code sections or local ordin o ained
within the Project. No unlicensed motor vehicles shall be operated on the Proje n addit and
in compliance with the Vehicle Code 112658.2 the Association may cause th e oval f any
vehicle wrongfully parked in the Common Area property, including a e ne y an
occupant. If the identity of the vehicle owner is known or readily ascert i a e, It Pr 'i in of
the Association shall, within a reasonable time, notify the owner by i rst clas 1 ail o' said
removal. If the identity of the owner is not known or ascertai e, he s ciati 1 must send a
written report of the removal by mail to the California D p rtmcnt of J in Sacramento,
provided the vehicle has not been returned to the owner wit in one hun c twenty (120) howl.
Immediately after the vehicle has been removed, the Assoc a 'on must not f the local traffic law
enforcement agency of said removal. The notice must incl de descri i n of the vehicle, the
license plate number and the address from which the vehicle w ref v . However, the vehicle
may be removed without notice if it is parked in arked fire lane, within fifteen (15) feet of a
fire hydrant, or if it interferes with an entrance o e 't of the Project and driveways located
thereon. The Association shall not be liable for any ges incurred by the vehicle owner
because the of removal in compliance with this e ti or r ny damage caused to the vehicle
caused by the removal, unless such damage r s tei the intentional or negligent act of the
Association or any person causing thmo I o r m v' g the vehicle. The City of San Luis
Obispo has the right tc tow away vchic es o a co lai t asis which are parked in unauthorized
places. Owner(s) shall jointly and individt I re se the City of San Luis Obispo for all
measures required to enforce the of rd pr 1 'tions against parking. Owner(s) understand
that the city cannot regulate vehicl sage o az, rds upon said common access driveway and
shall jointly and individua lv efen d hold t e city harmless from all claims for damages or
liability arising from the a eg I ilu - o e ity to regulate vehicles or to provide protection
from hazards upon saii Y.
(2) y affe e roperty owner may avail himself of the vehicle -removing
authority granted priv t erty owners in California Vehicle Code Section 22658 when any
vehicle is parked i col -access driveway so as to interfere with entry or access to a
parcel it serves.
(3 No r iler, camper, mobile home, commercial vehicle, recreational
vehicle, tr v1 a c• rying capacity of greater than one-half (1/2) ton, or van having a
seating c p cIt 'n cess of eight (8) persons, boat, inoperable automobile, or similar equipment
II b e mitted e parked, stored or otherwise remain upon any area within the Common
:up,toi
xce 1 any special recreational vehicle parking areas that may be established within the
t t.
(4) Temporary parking of recreational vehicles will be permitted for a period
24 o rs for packing and unpacking purposes only.
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(5) Temporary parking of commercial vehicles, trucks or vans which
otherwise prohibited vehicles shall be allowed for providing services to Owners within
Project and during the performance of commercial activities permitted within the Proje t
(6) Permitted vehicles shall include sedans (or standard -size r ickup
trucks) which are used both for business and personal use, provided that any si i or ma ting
of a commercial nature on such vehicles shall be unobtrusive and inoffensive •termi e by
the Board.
(7) No temporary structure, trailer, camper, mo i home recrea'onal
vehicle, boat, inoperable automobile or similar equipments b per �1 d o ie Common
Area.
D. No sport apparatus, such as portable be
sport apparatus may be placed on any portion of the
Project.
E. No fences, statuary or structures
maintained by the Association shall be installed or
1'. No plants or other imp
Association shall be planted, installed
back boar , tether -ball or fixed
R Area ' ie streets within the
kind other than those installed and
many portion of the Common Area.
installed and maintained by the
on Area.
G. No living tree, plant, or th v eixtief located in any portion of the Common
Area shall be cut, trimmed, prune oVid
laced, or otherwise altered without prior
approval from the City of San Luis spo. be sanicle shall not be removed without the
prior approval of the Dcpa�nt of i and.
1-I. None o t Poram rea shall be further divided by subdivision map or parcel
map, or other means n
ARTICLE IV
ASSOCIAT"N AQMIMSTRATION, MEMBERSHIP AND VOTING RIGHTS
4.1. Notice. recor , ion of this Declaration shall be deemed proper notice of this
Declaratio an th ro ' ions thereof. Each Owner shall be provided a final copy of this
Declarati r by Declarant and agrees to provide a copy of same to his/her successor in
eves h Own by acceptance of a deed, successors in interest agree to be bound by the
pTov": ions is Declaration. failure to read or understand this Declaration does not obviate
any, w r fr i is/her duties and obligations under this Declaration.
4.2. As o iation to Manage Common Areas. The management of the Common Area shall be
ted i t c Association, in accordance with its Bylaws. The Owners of all the Lots covenant
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and agree that the administration of the Property shall be in accordance with the provisiolisol I
this Declaration, the Articles, and the Bylaws. The Owners of all the Lots further covenan a d
agree that the Bylaws cannot conflict with this Declaration, the Articles or California statute.
4.3. Powers Granted to a Nonprofi/ Mutual Benefit Corporation. Pursuant to
Code section 4805, the Association shall exercise powers granted to a nonprof
corporation, as enumerated in the California Corporations Code section 7140. �-
4.4. Membership. The Owner of a Lot, upon becoming the Own , si a tot , ically
become a Member of the Association until the ownership ceases for at y reasot , w i 1 ime
the membership in the Association shall automatically cease. Mem e hip sh II be he d in
accordance with the Articles and Bylaws.
4.5. Transferred Membership. Membership in the ss ciation sh II not be transferred,
encumbered, pledged, or alienated in any way, except upon th sale or enc a brance of the Lot to
which it is appurtenant, and then only to the purchaser, in th c" of a I , or mortgagee, in the
case of an encumbrance of the Lot. On any transfer of title an ner's Lot, including a
transfer on the death of an Owner, membership s automatically with title to the transferee.
A mortgagee does not have membership rights anti ' t o ains title to the Lot by Foreclosure or a
deed in lieu of Foreclosure. Any attempt to make a rob1 d transfer is void. No Member may
resign his or her membership while retaining rs o a Lot. On notice of a transfer, the
Association shall record the transfer on its boo c .
4.6. Voting Rights. 0�
A. Each owner of a suVdivi4on i
member. Class A membership enti I s the h I er tc
owned.
B. I'he Styb�l i�ri.s s B member
three (3) votes for ea l sun in c t owned.
other than the Subdivider is a Class A
one (1) vote for each subdivision interest
Class B membership entitles the holder to
C. The CI cmbelskiip shall be irreversibly converted to Class A membership
on the first to ocC he wing: (i) a prescribed date certain which is not later than the
second anniversa y st nveyance of a subdivision interest in the most recent phase of
the development r a prey ri ed date certain which is not later than the fourth anniversary of the
first conveyance subd' i ion interest in the first phase of the development.
D c t in those subdivision offerings where there is a subsidization plan which
crw e rovicics oting rights attributable to subdivision interest shall not vest until
as�c , nen a linst those interests have been levied by the Association.
4.7 e I for Process of'Service. The Secretary of the Association shall be the agent for
process of srvicc.
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ARTICLE V
ASSESSMENTS
5.1. Creation of the Lien and Personal Obligation of Assessments. Each Owner LoI�X
acceptance of a deed for that Lot, whether or not it shall be expressed in that dee , z sve ya s and
agrees 7 7
A. To pay the Association Annual Assessments or charges, an I'Assessffients
for purposes permitted in this Declaration, these Assessments to be est she n I co c d as
provided in this Declaration; and
B. To allow the Association to enforce any as e sment lien //e�,ttabl-ished under this
Declaration by non judicial proceedings under a power of a e or by any other means authorized
by law.
C. The annual and special Assessments, togeti wltl interest, late charges,
collection costs, and reasonable attorneys' fees, s II be a charge on the Lot, and shall be a
continuing lien upon the Lot against which eac , essment is made, the lien to become
effective upon recordation of a notice of delinquent Ass s1 ent. Each Assessment, together with
interest, late charges, collection costs and teas c ttor ' fees, shall also be the personal
obligation for delinquent Assessments of the p rso h as the Owner of the Lot when the
Assessment fell due. The Owner's pedal o li a r i f r linquent Assessments shall not pass
to his or her successors in title unless e sly s I by them. No Owner shall be exempt
from liability for payment of Assessments wa' of the use or enjoyment of any of the
Common Areas or by the abandonmo o he n 's Lot.
D. The interes n w r in t e amounts paid pursuant to any Assessment upon
the transfer of ownershi s all a , to e Owner. Upon termination of these covenants for
any reason, any amou s e a in r n t e collection of Assessments after paying all amounts
properly charged ag, l 't t , e ssess e is shall be distributed to the then Owners on the same
pro rata basis upon w 'c ie A e ients were collected.
5.2. Purpose ofss The Assessments levied by the Association shall be used
exclusively to pr ie co uric interests, health, safety, and welfare of all the Owners of
the Property, an t enable th Association to perform its obligations under this Declaration. Any
funds designate a reser e funds shall not be expended for any purpose other than those
purposes s o r a r nia Civil Code section 5510(b).
s ssmenft
Zc ular Assessments. The Board of Directors shall establish and levy annual
Regular s essments in an amount that the Board of Directors estimates will be sufficient to
raise the f ds needed to perform the duties of the Association during each fiscal year. Annual
A�essm n shall be levied against each Owner of a Lot according to ratio of Lots by the Owner
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to the Total number of Lots subject to Assessment. Regular Assessments shall be d
payable in monthly installments on the first day of each month during the term
Declaration. Regular Assessments for all Lots in any Phase shall commence on the first
the month following the conveyance to an Owner of the first Lot in that Phase. Each V ia�
be an implemented phase under the authority of a Public Report issues by the State a
Bureau of Real Estate. ��
B. Required Annual Notice. The Association shall distribute a w ' t noti c in at
least 12-point type to each Member during the sixty (60) day period iron is I --c • ig the
beginning of the association's fiscal year reading as follows:
NOTICE ASSESWENT,SAND 1;'01 RE
This notice outlines some of the rights and resivons•ibiliti s of owners property in common
interest developments and the associations that manage th n Please refer o the sections of the
Civil Code indicated for further information. You may wish nsult a a Ayer ifyou dispute an
assessment.
C. Special Assessments. Except as
the Board of Directors may at any time levy a
unexpected operating or other costs, insufficicn
of Directors in its discretion considers appr p
section 5600. Special Assessments s i�a j be < II1
Annual Assessments, provided that the71sito
vd
against a Member to reimburse the Assoo
hislher Lot into comp liance with th n
notbe levied without complying wi 4 he pro is'
i
c in California Civil Code section 5605
caa essmcnt in order to raise funds for
:6cts
gorotherproposes as the Board
aordancwithCalifornia Civil Code
II theLotsinthe same manner as
orsmaylevya Special Assessment
incurred in bringing the Member and
bis Declaration. A Special Assessment may
of California Civil Code section 5615.
5.4. Restrictions on 1 c asds i Ann u�r I pec•ial Assessments. The Board of Directors may
not impose on any L < i ua essment that is more than twenty percent (20%) greater
than the Annual A s ssi t r th I unediately preceding fiscal year or levy a special
Assessment to defra h ost a action or undertaking on behalf of the Association that in
the aggregate exceeds rcent /o) of the previous year's annual operating budget of the
Association for tha al r ithout the votes at the meeting of the Association at which a
quorum is presen i a r nc ith California Civil Code section 5605(b). For purposes of this
paragraph, a "qu um" men Members constituting more than fifty percent (50%) of the voting
power of the Ass c' tion. 'he Board of Directors must comply with the provisions of California
Civil Code cc ' n SE) for to any increase in assessments.
Airy eting of the Association for purposes of complying with this paragraph
s c c i cted in accordance with California Corporations Code section 7510 et seq. and
CaII rn' Co o tions rig
section 7613.
B. Notwithstanding the foregoing, the Board of Directors, without membership
ik may increase Annual Assessments or levy Special Assessments necessary for an
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emergency situation pursuant to California Civil Code section 5610. For purposes of this
paragraph, an emergency situation is one of the following:
An extraordinary expense required by an order of a court;
(2) An extraordinary expense necessary to repair or maintain y or
any part of it for which the Association is responsible when a threat to pers safety 1 the
Property is discovered; or
(3) An extraordinary expense necessary to repair or I i urtait h Pr e , or
any part of it for which the Association is responsible that could n t lave be n reaso ably
foreseen by the Board of Directors in preparing and distribLi the ro r1 o r ting budget;
provided, however, that prior to the imposition or collect* 1 of the Ass s the Board of
Directors shall pass a resolution containing written fin ings as to t e necessity of the
extraordinary expense involved and why the expense was n t or could no I ave been reasonably
foreseen in the budgeting process, and the resolution shall be i -ibuted c Members with the
notice of Assessment.
C. The Association shall provide to Owl rs first-class mail notice of any increase
in the regular or special Assessment of the Association i less than thirty (30) nor more than
sixty (60) days prior to the increased Assessmel01 ing Ie
5.5. Notice. Any action authorized a er th
the membership shall be taken at a meeti ) ,it
be sent via first-class mail to all Members n
in advance of the meeting and shall ' i can
and hour of the meeting, and, in th •ase of
undertaken. J
5a�n of this article that requires a vote of
purpose, written notice of which shall
en (10) nor more than ninety (90) days
a of the meeting specifying the place, day,
I meeting, the nature of the business to be
5.6. Meetings. Any c or le ion of the Association called for purposes of complying
Witt) the provisions c ' t I Clara ' )i shall be conducted in accordance with California
Corporations Code a tr 5 n fencing with section 7510) of Part 3, Division 2 of Title I
and California Corpor, ' s ode s • Ion 7613. For purposes of this Title, a quorum means more
than fifty percent (5' ft n mbership.
5.7. Division 04 Assess enls. Annual Assessments shall be collected on a monthly basis
unless the Board rcct(r directs otherwise. Special Assessments may be collected in one (I)
payment o er dic I a e Board of Directors shall direct. All Assessments, both annual and
special, s be v d and apportioned equally among the Lots.
Nonpayment. Any Assessment not paid within fifteen (15) days after the due
inquent, shall bear interest at the rate of ten percent (10%) per annum
thirty (30) days after the due date until paid, and shall incur a late payment penalty
to be set by the Board of Directors from time to time, not to exceed the maximum
applicable law.
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5.9. 7ransfer of Lot by Sale or Foreclosure. Transfer of Lot by Sale or F01-CCIOSUre shal
the following effect on assessment liens:
A. Sale or transfer of any Lot shall not affect the assessment lien. 1-low Chc�st4
of any Lot pursuant to Foreclosure shall extinguish the lien of any Assessme o tI t Lot
(including attorneys fees, late charges, or interest) as to payments that beca-n Le prior o that
sale or transfer (except for assessment liens as to which a notice of delinquent s • sure t has
been recorded prior to the mortgage). No amendment of the preceding el n 14 made
without the consent of Owners of Lots to which at least sixty-seven perc 1 (67 1th v s in
the Association are allocated, and the consent of the Eligible Mortga c Holders holding 'irst
Mortgages on Lots comprising fifty-onc percent (51 %) of the .ots s jec to 'irs ortgages.
B. No sale or transfer shall relieve a Lot from 1i fifty for an A sessments thereafter
becoming due or from the lien of those Assessments. 'hh L paid share o those Assessments
shall collectible from the acquirer and his/ successors or a i s.
C. If a Lot is transferred, the grantof
unpaid Assessments against the Lot through and i
shall be entitled to a statement from the Associatita,
o
the amount of the unpaid Assessments agains
subject to a lien for unpaid Assessments in
provided, however, the grantee shall NQ
of the transfer.
I remain liable to the Association for all
din
g the date of the transfer. The grantee
of the date of transfer, setting forth
o b r sferred, and the Lot shall not be
%t amount set forth in the statement;
ments that become due after the date
D. In the case of a subor ' 4 n of for Assessments to a first encumbrance, the
transfer of a subdivision interest a e resu f re exercise of a power of sale or a judicial
foreclosure involving arlt u the i st encumbrance shall extinguish the lien of
Assessments which were dt(e a d6t ava cbrloYAo the transfer of the subdivision interest.
5.10. Remedies. Ali m I o Spece`"I sseesment and any late charges, reasonable fees and
costs of collection, i a o able It ney's fees, if any, and interest, if any, as determined in
accordance with Calif 'vil C section 5650, shall be a debt of the Owner of the separate
interest at the time the -asses e or other sums are levied.
A. A I ast thin y (30) days prior to recording a lien upon the separate interest of the
Owner of record o ollec debt that is past due under this subdivision, the Association shall
notify the n o corn writing by certified mail of the following:
(1) \A general description of the collection and lien enforcement procedures of
t socr i and the method of calculation of the amount, a statement that the Owner of the
sepa to ' rter as the right to inspect the Association records; pursuant to Section 8333 of the
Corpora 'o Code, and the following statement in 14-point boldface type, if printed, or in
capital le e s, if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS
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PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSES
IT MAY BE SOLD WITHOUT COURT ACTION."
(2) An itemized statement of the charges owed by the Owner, i
on the statement which indicate the amount of any delinquent assessments,
reasonable costs of collection, reasonable attorney's fees, any late charges, and inX(
(3) A statement that the Owner shall not be liable to pay the
and costs of collection, if it is determined the assessment was paid on timctoth
(4) The right to request a meeting with the board. Th oard of rector hall
meet with the Owner in executive session within forty=five 5 ays f e mark of the
request, if the request is mailed within fifteen (15) days of the/date of the o of the notice,
unless there is no regularly scheduled board meeting withi at period, hich case the Board
of Directors may designate a committee of one or more mel rs to meet t h the Owner.
(5) The right to dispute the Assessment deb sub fitting a written request
for dispute resolution to the Association.
(6) The right to request alternative dispu resolution with a neutral third party
before the Association may initiate Foreclosure a 'n the cr's separate interest, except that
binding arbitration shall not be available the o ation intends to initiate a judicial
Foreclosure.
B. The amount of the Asse sm t, lrL s my costs of collection, late charges, and
interest assessed in accordance wit ornia 'I Code section 5650, shall be a lien on the
Owner's interest from and after the time the sociation causes to be recorded with the county
recorder of the county in the rate in e est is located, a notice of delinquent assessment,
which shall state the at o nt f e se,,t nt and other sums imposed in accordance with
California Civil Code i 6 a gal description of the Owner's interest against which the
assessment and oth r u s r evie t e name of the record owner of the Owner's interest
against which the l' n i im s In order for the lien to be enforced by non -judicial
Foreclosure as provid e w, t otice of delinquent assessment shall state the name and
address of the trust itholyzc4 by the Association to enforce the lien by sale. The notice of
delinquent asses, n a be igned by the person designated in the declaration or by the
Association for It, t purpo e, or if no one is designated, by the president of the Association, and
mailed in them i n set f in California Civil Code section 2924b, to all record owners of the
Owner's i ere in ie c mon interest development no later than ten (10) calendar days after
recordati i twenty-one (21) days of the payment of the sums specified in the notice of
inq nt ssessm i the Association shall record or cause to be recorded in the office of the
un rec in which the notice of delinquent assessment is recorded a lien release or notice
of re i 'on rovidc the Owner of the separate interest a copy of the lien release or notice
that the linquent assessment has been satisfied. A monetary charge imposed by the
Associati n as a means of reimbursing the Association for costs incurred by the Association in
lltc�'repa' - f damage to common areas and facilities for which the member or the member's
Page 24 of 46 -
Decimation ofCovcnonts, Conditions and Restrictions
Tract 2428-1
(06-29-2016)
DOC #2016042218 Page 25 of 47
guests or tenants were responsible may become a lien against the member's separate in
enforceable by the sale of the interest under California Civil Code sections 2924, 2924b,
2924c.
C. The Association may not voluntarily assign or pledge the Associat' rig�i[ to
collect payments or assessments, or to enforce or foreclose a lien to a third par when
the assignment or pledge is made to a financial institution or lender chartered icense u ider
federal or state law, when acting within the scope of that charter or license, as s m' for a call
obtained by the Association; however, the foregoing provision may n rect le ` flit or
ability of the Association to assign any unpaid obligations of a former rube o T t ' arty
for purposes of collection. Subject to these limitations, after the expir t on of tl iry (30 days
following the recording of the lien, the lien may be enforce -in al in, in i tted by law,
including sale by the court, sale by the trustee designated it t e notice of e ' ent assessment,
or sale by a trustee substituted pursuant to California Civil C de section 9 4a. Any sale by the
trustee shall be conducted in accordance with California i *I Code see io is 2924, 2924b, and
2924c applicable to the exercise of powers of sale in mortga s id dee f trust. The fees of a
trustee may not exceed the amounts prescribed in California i v i de sections 2924c and
2924d.
D. The Association, acting on behal e Lot Owners, shall have the power
to bid for the Lot at Foreclosure sale, and to a 1 I lease, mortgage, and convey the
Lot. The purchase shall require the voteorwrit n c n f a majority of the total voting power
of the Association.
(1) During th I 'a, tlk—owned by the Association, following
Foreclosure, the following provision s be in A:
(a) o rig t vote 1 all be exercised on behalf of the Lot.
o , s , ment shall be levied on the Lot.
c b r other Lot shall be charged, in addition to its usual
Assessment, its share e ssess nt that would have been charged to the Lot had it not been
acquired by the Assso ton esult of Foreclosure.
O Afte- cquiring title to the Lot at Foreclosure sale following notice and
publication, the s ciatio ay execute, acknowledge, and record a deed conveying title to the
Lot, whit ce h be ' ding upon the Owners, successors, and all other parties.
��� ,� The rd of Directors may temporarily suspend the voting rights of a Member
in e ilt in payment of any Assessment, after notice and hearing, as provided in the
F. In conformity to California Civil Code section 5725 fines and penalties imposed
s ciation for violation of this Declaration as a disciplinary measure for failure of an
- Page 25 of 46 -
Declaration ofCoaenants. Conditions and Restrictions
Tract 2428-1
(06-29-2016)
DOC #2016042218 Page 26 of 47
Owner to comply with this Declaration or the Rules, except for late payments, a
"Assessments", and are not enforceable by assessment lien, but are enforceable by
proceedings; provided, however, pursuant to California Civil Code section 5725 me
penalties imposed by the Association to reimburse the Association for costs incurred fy
damage to Common Area or facilities for which the Owner, or tenants of an�_Owtte,
responsible may become the subject of a lien.
G. Notwithstanding the above, the Association may not collect
special assessments of an amount less than one thousand eight hundred dot
including any accelerated assessments, late charges, fees and costs of colt
or interest, through judicial or non judicial Foreclosure, but may attempt tcl
debt in any of the following ways:
(1) By a civil action in small clain-
collect
or
(2) By recording a lien on the owner's se , rate i t est upon which the
association may not foreclose until the amount of the del inquen sessl nts secured by the lien,
exclusive of any accelerated assessments, lake cares, fees and costs of collection, attorneys
fees, or interest, equals or exceeds one thousand-,etght hundred dollars ($1,800.00) or the
assessments secured by the lien are more than twelve (1 nth delinquent.
(3) Any other manner pro i ed la except for judicial or non judicial
Foreclosure. 0
5.11. Unallocated Taxes. In the event at -a
the personal property of the Asso ' i , rt
included in the Assessments made der the
special Assessment may b �icd a a st the
in two installments, thirty( 0) y t
e re assessed against the Common Area or
tan against the Lots, those taxes shall be
dons of this Declaration and, if necessary, a
in an amount equal to those taxes, to be paid
date of each tax installment.
TICLE VI
AND POWERS OF THE ASSOCIATION
6.1. Duties. I a t ' th�6utics enumerated in the Bylaws, or elsewhere provided in this
Declaration, and ithout ') iting the generality of those duties, the Association shall have the
following duties:
Agr,
ement and Maintenance. The Association shall manage and maintain in
d c ninon Area including the Common Facilities, improvements, landscaping,
a tel or real property acquired by or subject to the control of the Association. The
Asso 'a acquire, provide, and pay for all necessary utility services for the Common
Area. wners shall share equally in the assessments for maintenance of the Common Area.
These maia ement and maintenance responsibilities shall include, but not be limited to, the
- Page 26 of 46 -
IkcIanrtfon of( ovcna,i s, Conmlioils and Restrictions
Tract 2428-1
(06-29-2016)
DOC #2016042218 Page 27 of 47
(1) Fire Protection. The Association shall be obligated to
Common Area and Common Area Facilities in a fire safe condition;
(2) Wild Land Duel Reduction Gone. The Association shall annu tat tau
a 30 foot wide wild land fuel reduction zone along all open space lots and Lc7abutt7 the
Project;
(3) Drainage Facilities Maintenance. The Associati s I au in the
drainage swales and storm drainage improvements in a viable condition mat e as ig' ally
designed or improved upon as installed by the Declarant on an ongoing b sis in p r etuity. aid
drainage swales and improvements to be maintained by the socia ion ' c de nage swales
and infrastructure within the Common Area, drainage infra tr ctwc with i Nate Drainage
Easement on Lot 172, and the drainage infrastructure fr the Lot I wales to the public
storm drain system in Arrezo Drive. Drainage swales alon e west and s uth tract boundaries
shall be maintained, repaired and/or replaced by individua O lets in h a way as to allow
clear and unobstructed storm water flows. No storage, a alto construction and/ or
landscaping may be permitted in or around t es swales in a manner that interferes with
accessibility to, the design of, and function of the v all tract storm drainage system. In the
event individual Owners do not properly maintai air and/or replace the drainage
improvements, the Association shall have the 'ghY t cut sd Owner's property, effect such
maintenance, repair and/or replacement, and b' I sat (pw for costs related thereto;
(4) Off -Site Storm Wa
The Serra Meadows Residential Heinen ne
2342 for The Association's share of c
Regional Storm Water Detention B , ins as
and Maintenance of Stor �ater t itioi
Instrument No. 201401 5 i t o ce
Obispo, State of Califon` a;;
t'rn asin. The Association shall reimburse
ss ion (or other responsible entity) of Tract
Maintenance and improvement costs of the
o h n the "Agreement for Drainage Easement
ins" recorded on the 3rd day of April, 2014 as
County Recorder of the County of San Luis
(5) ?l sea .Landscaping and irrigation systems lying in the Common
Area and pathways sh e mint' d by the Association as installed by the Declarant and as
approved by the Ci�S�an u' Obispo in the Conditions of Approval for Tract 2428;
() Stre t. The easements for private streets known as Tresana Lane (Pvt.)
and Calle Mal t.) an rivate access and parking over Lots 86 through 89, Lots 90, 91, 95,
and 96, al ai-s-dt n to Tract Map 2428-1 and any other casements for private streets and
private a ess arking shall be maintained in the manner as originally installed by the
clar
Sewers. The Association shall maintain the sewer lines located within the
private , e is in a manner as originally installed by the Declarant;
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I)cc arahon of Covenants. Conditions and Restrictions
Tr d 2428-1
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DOC #2016042218 Page 28 of 47
(8) Water. The Association shall maintain the private water services k
within the easements for private streets in a manner as originally installed by the Declarant;
(9) Street Lights, Signage and Facilities. The Association shall
operate all street lights, signage and facilities controlled by the Association �
roadways including "no parking" signs and red curbing required by the City Fire �'1
(10) Walls, Fences and Slopes. The Association shall ruainlal retaining
walls taller than three (3) feet and an area at the top of the walls equal to c o wall
plus one (1) foot. This area includes but is not limited to all fencin ,drain sw c , and
gcogrid in a manner as originally installed by the Declarant; and
(11) Pedestrian and Bike Palhs. The Asscl6iation shall n a?ntail operate all
pedestrian and bike paths and lighting in a manner as origi al y installed y he Declarant.
However, the responsibility of the Association fo i 'ntenan e and repair shall not
extend to repairs or replacements arising out of or caused b lie w' ut or negligent act or
omission of an Owner, or his/her tenant; except ' e repair is covered by the insurance carried
by the Association, the Association shall be re, o ible for making the repairs, and the
responsible Owner shall pay any deductible pursuant t h in
policy. If the Owner fails
to make the payment, then the Association 1 , ke It payment and shall charge the
responsible Owner, which charge shall bear a er t e rate of twelve percent (12%) per
annum (or more if allowed by law) urt? paid 'n f 1 An , pairs arising out of or caused by the
willful or negligent act of an Owner, o s/her t na t the cost of which is not covered by
insurance carried by the Association, sha b it y the responsible Owner, provided the
Board of Directors approves the per i ual ing the repairs and the method of repair. If
the responsible Owner fails to take t e nece sa y teps to make the repairs within a reasonable
time under the circumstan s�the A s ciatio all make the repairs and charge the cost to the
responsible Owner, whi ost h I b r ' e A at the rate of twelve percent (12%) per annum
(or more if but no gr t t ximum rate authorized by law) until paid in full. if an
Owner disputes his r er e o sibili r the repairs, the Owner shall be entitled to notice and
a hearing as provide n By efore any charge may be imposed.
B. The ' I'- aintain.
(1 The Hers of all Lots subject to these covenants, conditions and restrictions
recognize that pr maint nee of the Common Area is for the benefit of all citizens of the City,
and that t an tended third party beneficiary of these covenants, conditions and
restrictio s an n upon notice and hearing set forth below, exercise the same powers of
enforc i ran
� ciaYion.
In the event the City determines that the Association has not adequately
maintain d he Common Area, then the City may give written notice to the Association, which
notice sha I ontain the date of hearing on the matter, which hearing shall be held no sooner than
fifteen ( ) days after the mailing of such notice, and in the event after such hearing the City
- page 28 of 46 -
reel amtton ol'Covennnls, Conditions and Restrictions
I mct 2428-1
(06-29-2016)
DOC #2016042218 Page 29 of 47
determines to so act, then the City may undertake the maintenance of such common area. At
shall be a lien against the maintenance fund and the property subject to assessment, and shall
personal obligation ofthe members of the Association.
(3) The City shall have the right to inspect the site at inutuall ed-tea
times to assure that the conditions of the covenants, conditions and restrictions and u 1 2p are
being met.
C. Insurance. The Association shall maintain the policy
required by the provisions of this Declaration and the Bylaws.
D. Discharge afLiens. The Association shall disc r pa nil f cessary, any
lien against the Common Area, and charge the cost to the tuber or M inresponsible for
the existence of the lien (after notice and hearing, as provid d in the Byla s .
E. Assessments. The Association shall fix, levy, o ct, an 1 'orce Assessments as
set forth in the provisions of this Declaration and the Bylaws.
1'. payment of Expenses and 'faxes. ' ssociation shall pay all expenses and
obligations incurred by the Association in the con -t f its business, including, without
limitation, all licenses, taxes, or governmental s vi o imposed against the property of
the Association.
O
G. Bank Accounts. The Assc
bank account from any capital reserve
the Association's federal tax identifi
bank account employing a embe•' fe
impose a constructive t u er th 1,
seek the return of those fs._
H. Incom
income taxes owed, i
commence the runni
Internal Revenue S
agencies should 1
by an independe it lit
March I Sth' or s
letter
Lk�ep its operational funds in a separate
gold. These bank accounts shall employ
could any Association funds be placed in a
,ntif cation number, the Association shall
appropriate and immediate legal action to
a e -ns. 'T �iO Association shall file income tax returns and pay
1 and 1 'ncome tax is owed, file informational tax returns in order to
t state of limitations. Income tax returns shall be filed with the
a e California Franchise Tax Board, and with any local taxing
e ax quirement be imposed in the future. Returns shall be prepared
;ec o the California State Board of Accountancy and filed no later than
w s required, for the preceding calendar year. The Secretary of the
e copy of the income tax returns, along with a copy of the engagement
iation and the certified public accountant, to each Owner each year.
ther "Taxation Filings. The Association shall be in compliance of all federal and
ling requirements, including, but not limited to the issuance of 1099's to all
vendors no later than January 31't, or as otherwise required, for the preceding
,hese 1099's shall reflect the federal tax identification number of the Association.
11099's reflect a Member's federal tax identification number unless that Mernber
- Page 29 of 46 -
Declaration ofCovennnts, Conditions and Restrictions
I lac1 2428-1
(06-29-2016)
DOC #2016042218 Page 30 of 47
actually paid an unincorporated vendor who performed services for the Association
Member was not reimbursed by the Association.
J. Secretary of State Filings. The Association shall file every two (2) ycal; o+
otherwise required by statute, with the California Secretary of State a Statement Comn
Interest Development pursuant to California Civil Code section 5405. This state] o to be
confused with the registration which is required by mutual benefit nonprofit eo • ] Lion.
K. Enforcement. The Association shall be responsible for if en �ce en f this
Declaration. The Association shall maintain and operate the Common -ca o h Pr e in
accordance with all applicable municipal, state and federal laws, statutes, nd ord] nces, s the
case may be. The Association shall also, as a separate aritbecomes
t re o 'bi ' , ensure that
third parties (including Owners and their tenants) utilize ton A a ' ccordance with
the aforementioned regulations. The Association shall, wh a are of any violation
of the aforementioned regulation, expeditiously correct the.
L. Inspection and Maintenance Guidelines. The arJ � Directors shall adopt
inspection and maintenance guidelines for the -iodic inspection and maintenance of the
Common Area improvements and landscaping, ine i but not limited to private streets, light
fixtures, storm drainage facilities, landscape planting, he irrigation system. The Board of
Directors periodically, and at least once every t ea] all review and update inspection
and maintenance guidelines. The Board of Dir ors s II e all appropriate steps to implement
and comply with the inspection and m i enan ,
6.2. Powers. In addition to the
provided for in this Declaration, a
the following powers:
A. Ease]
President and the Se
on the Subdivision
Common Area to se
appropriate governrr
J-4n the Articles and Bylaws or elsewhere
their generality, the Association shall have
ioirshall have the authority, by document signed by the
nits, licenses, and easements in addition to those shown
a y for roads, utilities, and sewer facilities over the
ms and the Lots, or when necessary to satisfy or achieve
uest.
B. Mno.tm,"t
eociaton may employa manager or other persons and contract
with independe tr, or managing agents to perform all or any part of the duties and
responsibilities o cation, except for the responsibility to levy lines, impose discipline,
hold heari s, s tee rd or foreclose liens, or make capital expenditures, provided that any
contract a r person shall not exceed a one-year term and shall provide for the right of
As c] tion to minate the contract for cause on thirty (30) days' written notice, or
t i' atet ut cause or payment of a termination fee on ninety (90) days' written notice.
Adoption of Rules. The Board of Directors, or Members of the Association by
majority v t , may adopt reasonable rules that are not inconsistent with this Declaration relating
04he us the Common Area and all its facilities and the conduct of Owners and their tenants
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Ucclanrtfon ofCorcnants, Condfbons and Restricoom
'Tract2429-1
(06-29-2016)
DOC #2016042218 Page 31 of 47
with respect to the Property and other Owners. Written copies of the Rules and any schedyke of
fines and penalties adopted by the Board of Directors shall be furnished to Owners. �
D. Access. For the purpose of performing construction, maintenance, or ergeric�
repair for the benefit of the Common Area, the Association's agents or employees have
right, after reasonable notice (in no case less than seventy-two (72) hours except In cies)
to the Owner of the Lot, to enter that Lot at reasonable hours. Entry shall bet with ittle
inconvenience to the Owner as practicable, and any damage caused bN
r s a be
repaired by the Board of Directors at the expense of the Association.
E. Assessments, Liens, Penalties and Fines. The Board of Dall ha the
power to levy and collect Assessments in accordance with thons f s , aration e ro is
F. Enforcement. The Board of Directors sha I have the a tl ority to enforce the
provisions of this Declaration.
G. Loans. The Board of Directors shall have the p r to orrow money and, only
with the assent (by vote or written consent) of e my -five percent (75%) of the total voting
power of the Association, to pledge personal prope s in a Special Assessment) as security
for money borrowed or debts incurred.
H. Service and Goods Contracts. T e Directors shall have the power to
contract for goods and services for Co Ar or for the Association, subject to
limitations set north in the Bylaws or else h e in h , e laration.
1. Construction Contracs e Bo Directors shall have the power to contract
for construction contracts for the r p ir, mai t nance and improvements to the Common Area
subject to limitations set in t e ylaw r elsewhere in this Declaration. However, the
Board of Directors shall en r' to co truction contracts in which the aggregate contract
price for labor, materi n e ' e s exceed five hundred dollars ($500), or such other dollar
amount set by Cali `o ni s' ess Professions Code section 7048, unless construction
performance is by a a t' rnia 'c sed contractor in the specific trade hired. No construction
contracts shall be paid h ssocion or its managing agent, if any, without signed labor and
material releases r to h 'ob performed. All construction contracts shall remain in the
Association's oTc an s II made available for inspection by any Owner during regular
business hours.
J.
delegate
io . he Association and the Board of Directors shall have the power to
Zr.ty and powers to committees, officers, or employees of the Association, or
led by the Association, provided that the Board of Directors shall not
ibility:
(1) To make expenditures for capital additions or improvements chargeable
funds;
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Deelmat ion of Covenants. Conditions and Restrictions
Tmcl 2428-1
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DOC #2016042218 Page 32 of 47
(2) To conduct hearings concerning compliance by an Owner or his
tenant, with this Declaration, Bylaws, or Rules promulgated by the Board of Directors;
(3) To make a decision to levy monetary fines, impose Special
against individual Lots, temporarily suspend an Owner's rights as a Member of tthg
or otherwise impose discipline;
(4) To make a decision to levy Annual or Special
(5) To make a decision to bring suit, record a cl a of n, or 'n 'httc
Foreclosure proceedings for default in payment of Assessments.
K. Mailings. The Board of Directors shall n uspend the rights of any
Member who is not a member of the Board of Directors, n it a hearing 1n an appropriate fine
is imposed according to the Bylaws, upon the mail'n or perso I delivery, of any
correspondence with the return address of the Association 'th t first e eiving prior approval
of the entire Board of Directors.
(1) In the event that a Member t i , or personally delivers, correspondence
with the return address of the Association without rior7,ona0eliver,
val of the entire Board of Directors,
the Board of Directors shall immediately send e correspondence to every
known recipient of the unauthorized co r spo informing him or her that the
correspondence was not authorized byj�e Ass 'a
(2) Any Mcmbcr (o �Zporo
�vhis not a member of the Board of
Directors who mails, or hand deli e , anysencewith the return address of the
Association, or participates in such o duct, without the prior approval of the entire Board of
Directors, shall indemntnd d fed the ssociation, the Board of Directors, and the
nonparticipating Mern ig ion w Ich may ensue by an aggrieved Member or third
party as a result of the/r i elivery of the unauthorized correspondence.
L. Litiga.' n. 'he s ration, subject to the provisions of this Declaration, shall
have the power to in ' e, efen ettic, or intervene in litigation, arbitration, mediation, or
administrative proceedings half of the Association pursuant to California Code of Civil
Procedure sectio id 85. The Board of Directors has authority to enter into a
contingent fee 'ontracth an attorney in a matter involving alleged design or construction
defects in the Pro s to the facilities or improvements the Association is responsible for
maintaini as robide� this Declaration, and then only after obtaining the vote at a duly
noticed a pro r held membership meeting of a majority of a quorum of the Members. The
and irectors .I II, not later than thirty (30) days prior to filing any civil action by the
so 'atio alleged design or construction defects in the areas of the Property that it is
obli e tot t tain, notify the Members in the manner required by California Civil Code
section 0 In the event the Board of Directors files an action in advance of a meeting of the
Members, i order to avoid the running of a statute of limitations, the Board of Directors shall
- Page 32 of 46 -
Dec lnrstion ofCovemmts, Conditions and Kosoictions
I rict 2428-1
(16-29-2016)
DOC #2016042218 Page 33 of 47
call a special meeting of the Members within thirty (30) days after filing the action,
purpose of discussing the action taken by the Board of Directors.
M. Common Area C'omplelion Bonded Ohligalions. If Common Area im vee
included in the subdivision offering have not been completed prior to the issuance e pu
report and the Association is an obligee ruiner a bond or other arrange ecure
performance of the obligations of the Subdivider to complete the impro nts, th n the
following provisions shall apply to the initiation of any action to enforce those o ' ions•
(1) The Board of Directors shall be directed to co der vo"on the
question of action by the Association to enforce those obligatio s with r s ect to any
improvement for which a Notice of Completion has not been ared kwithin i 6 ays after the
completion date specified for that improvement in the PlainConstructi n ent appended
to the bond. If the Association has given an extension in writing for h completion of any
Common Area improvement, the Board of Directors shall irected to e n ider and vote on the
this matter if a Notice of Completion has not been file ' hill th' (30) days after the
expiration of the extension.
(2) A special meeting of mem
decision by the Board of Directors not to initiate a
or on the failure of the Board of Directors to o
shall be required to be held not less than thirty fw
by the governing body of a petition 0 sucl 1
percent (5%) or more of the total voting p of t
(3) A vote by me h . of
special meeting called for the purpo e set forth
the purpose of voting to override a
�force the obligations under the bond
te on the question. The meeting
,s nor more than 45 days after receipt
�gned by members representing five
iation other than the Subdivider at the
(4) A v to c ' a rta' rity-�o'the voting power of the Association residing in
members other than t dh i ide 6take action to enforce the obligations under the Bond shall
be deemed to be t e d, i 'or of t ssociation and the governing body shall thereafter
implement this deci,'oi y it' ia'ng and pursuing appropriate action in the name of the
Association.
N. C(oe,
nand
r! rovemeni.r. The Association shall have the authority and power
to demolish, ref c nstruct any and all improvements on or over or under the Common
Area in a mansn istent with this Declaration, and to construct, improve, and repair
improvem its at'a rcaopriate for the use and benefit of the Members of the Association, and
to charg f r t u, of those improvements, provided that the Association shall not include in
A es hhent, at il l or special, the cost of any new capital improvement that exceeds ten
p c t (I °o f the previous year's annual operating budget in cost to be expended in any one
cafe ar ear, a ess fifty-one percent (51%) or more of the voting power of the Association
previous hall have approved that expenditure.
page 33 of 46 -
Declaration ofC'o.cnxnts. Conditions and Itcstrictions
'tract 2428-1
t06-29-2016)
DOC #2016042218 Page 34 of 47
ARTICLE VII
UTILITIES
7.1. Casements for Utilities and Maintenance. Easements over, under, and ugh
Project, if any, for the installation, repair, and maintenance of electric, gas, lelepl o e, c sion,
water, and sanitary sewer lines and facilities, drainage facilities, walkways at I ndscapm , as
may be required or needed to serve the Project, are reserved by and for th b left the
Association and its Members.
7.2. Association's Duties. The Association shall maintain all utility f cilities o•ated I the
Common Area except those facilities maintained by utilrdleseparatel
pan •s, ub'c, private, or
municipal, and those maintained by the Owners. The A shaJ� I charges for
utilities supplied to fire Project except those metered or chatg t the Lots.
ARTICLE VIII
INSURANCE; DAMAGE OR DESWCTION; CONDEMNATION
8.1. Insurance. The Association shall obtain and rriafn�nvas specified below:
A. Liability Insurance. Compre e siv en -al liability and property damage
insurance shall be maintained and in o e at t I es, premiums thereon to be paid out of
the annual Assessment fund. The insuran e all e a I d with reputable companies authorized
to do business in the State of Caliform an"
al m an amount which satisfies California
Civil Code section 5805.
(I) Pift 1 ) befor e policy (or policies) is renewed, the Board of
Directors shall authorize c m ei le I c u el, or such other competent person, to verify the
threshold amount of itpsyi*iii e cq e 'n order to satisfy California Civil Code section 5805.
(2) I% polio • policies shall name as insured the Association and the
Owners, and shall bet of po ' y sold for residential common interest developments. The
policy or policies nsu' lainst loss arising from perils in the Common Area and shall
include contractu xposw of e Association and the Board of Directors.
13. IC d In. i ance on Common Area. Fire, extended coverage, vandalism,
malicious Ise ' f c o r hazard insurance shall be maintained and in force at all times, die
premium o b id out of the annual Assessment fund. The policy shall provide for the
land o •ccrtifica or such endorsements evidencing the insurance as may be required by the
r ; c • ive o agees. The policy or policies shall insure against loss from perils therein covered
to a ie lnpr v • ncnts in the Common Area. The improvements to be insured under this clause
shall cot at I an insured value, and the policies or policies shall contain a stipulated amount
clause or terminable cash adjustments clause, or similar clause to permit a cash settlement
e 'erin, s ccific value in the event of destruction and the inability to rebuild pursuant to the
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Traci 2428-1
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DOC #2016042218 Page 35 of 47
provisions of this Declaration. The policy or policies shall name as insured the Association the
"Owners", and any mortgagees of record. The policy or policies shall also cover per.o al
property owned in common and shall further contain a waiver of subrogation rights by the ca •i
as to negligent Owners. �\
(1) Hazard Insurance on Structures. Except as expressed and r e 'n this
Article V111, every Owner shall separately insure his/her structure or any part t of agar s loss
by fire or other casualty. The Association shall have no responsibility to sect e y ins r ace
thereof.
(2) Copies of Policies. The Association shall provide e cry Ow c a coixplete
copy of all insurance policies, and if the policy is renewed th wi ars(s very Owner
shall be provided a copy of the renewal and any changes in t e ollcy.
C. Endorsements. The following endorsements'�hpuld be inclgd4d if applicable:
(1) Changes in building codes, and demoli ' n� r e (sometimes referred
to as "ordinance or law endorsement");
(2) Inflation guard coverage;
(3) "Agreed -amount" cndo
(4) Replacement
(5) Primary co
D. Workers Consati
workers compensation i s an e
Board of Directors de I s c s r
naming it as an addifo al u d in
contractor who oerfchrrn , vie
Certificates of I
Association and
hours.
a coinsurance problems);
rra e. The Association shall obtain and maintain
1required by law (or such greater amount as the
Association shall obtain a Certificate of Insurance
to workers compensation claims for any independent
sociation.
to workers compensation shall remain in the office of the
ilable to any Owner for inspection during regular business
E. o . itcHo Contractors Insurance. The Board of Directors shall obtain a copy
of a Cert'f at o nsurance naming the Association as an additional insured in regard to any
c nstr contt c prior to the commencement of any construction. Any construction
n - cto , i any trade, shall not commence work on the Property unless he/she maintains a
min' a mo it f liability insurance to be determined by the Board of Directors pursuant to the
provisi s f this Declaration. Certificates of Insurance regarding contractors' liability insurance
shall remain in the on -site office of the Association and shall be made available to any Owner for
irispectio wing regular business hours.
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1'. Performance of Construction by an Oivnner-Member. Any Owner or Memb`e
the Association who makes any repairs to the Common Area, or makes any improvements to
Common Area, will indemnify and hold harmless the Association for any injury resu m
performance of such activity. K_
G. Directors and officers Liability Insurance. The Board of Direct s shall m u tain
in force at the expense of the annual Assessment fund Directors' and c s' Li ility
Insurance in the minimum amount of $1 million.
H. Other Insurance Coverage. The Board of Directors may Ou�chasc au�a4 main'tai"i in
force at the expense of the annual Assessment fund debris ref a sur n fid i bonds and
other insurance and/or bonds that are necessary. The Bo . of hector h� purchase and
maintain workers compensation insurance to the extent o Ithat requ e by law respecting
employees of the Association. Any and all politics purchas d ulsuant h'Iet by the Association
may be combined into one or more blanket or consolidated p II or poli e .
I. Representation for Claims. Each er appoints the -Association or an insurance
trustee designated by the Association to act on b is ' of the Owners in connection with all
insurance matters arising from any insurance policy 1 1 ained by the Association, including
without limitation, representing the Owners / an 1 pr e ing, negotiation, settlement, or
agreement.
J. Waiver of Subrogation. Yl
shall contain a waiver of subrogation.
covering any portion of the Project
(1) Any insurane naintai i by the Association shall contain a waiver of
subrogation as to the Ass a tion 11 its o Pi ers, directors and Members, the Owners and
occupants of the Lot a1 o tg c obtainable, a dross -liability or severability of
interest endorsement iry�t i e c '1sure against liability to each other insured.
(2) Alf ' �div' uly owned insurance shall contain a waiver of subrogation as
to the Association and t o ccrs, 'r ctors and Members, the Owners and occupants of the Lots
and Mortgagees, and II 1 ers are deemed to have waived subrogation rights as to the
Association and/ohm - , whether or not their policies so provide.
K. Lin rlion o Liability. The Association and its directors and officers, shall have
no liability iy r r Mortgagee if, after a good faith effort, it is unable to obtain the
insurance I qu' rereunder, because the insurance is no longer available or, if available, can
oily b tained cost that the Board of Directors in its sole discretion determines is
n' ona le nder the circumstances, or the Members fail to approve any Assessment increase
lie Id Fin t insurance premiums. In such event, the Board of Directors shall notify each
menbe an any Mortgagee entitled to notice that the insurance will not be obtained or renewed.
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Dee Iiration of Covenants, Conditions and Rest, ictions
Trout 2428-1
(06 29-201G)
DOC #2016042218 Page 37 of 47
8.2. Limiled Liobilily of Volunleer Officer or Director, Scope of Dwies.
(A) A volunteer officer or volunteer director of an Association that manage.
common interest development that is exclusively residential, shall not be personal
excess of the coverage of insurance specified in paragraph (D) to any person who suffers u
including, but not limited to, bodily injury, emotional distress, wrongful dea ) perty
damage or loss as a result of the tortlOnS act or omission of the volunteer of r or vo a teer
director if all of the following criteria are met:
(1) The act or omission was performed within the s e o t o'- c 's or
director's Association duties which shall include, but shall not be li nited t oth the
following decisions:
(a) Whether to conduct an in ertigaptipoiiic o tie common interest
development for latent deficiencies prior to the expiration oabl s atute of limitations.
(h) Whether to commence a civil
in design or construction.
(2) The act or omission was perform
(3) The act or omission w,,
(4) The Assoc iatioli
omission occurred and at the time a claim
include coverage for (i) general liabi ' th
and directors of the Association fo egligel
both types of coverage are i i0h fol o ing In
builder for defects
faith.
or grossly negligent.
I an ad in effect at the time the act or
or more policies of insurance that shall
o7iation and (ii) individual liability of officers
r omissions in that capacity; provided that
In amounts:
a t s five iundred thousand dollars ($500,000) if the common
interest developmen n_ s 10 r ewer separate interests. providing Legal Services To
Community Associat'oi . iro =h it Ca ifornia
b least one million dollars ($1,000,000) if the common interest
development con s ('in re t 100 separate interests.
(13) T e aymei f actual expenses incurred by a director or officer in the execution
Of the duti a o ' io does not affect the director's or officer's status as a volunteer within
the mcan'nvor, ection.
( An officer or director who at the time of the act or omission was a Declarant, or
who e ive i r direct or indirect compensation as an employee from the Declarant, or from
a financ', I institution that purchased a separate interest at a judicial or nonjudicial foreclosure of
a mortgag r deed of trust on real property, is not a volunteer for the purposes of this section.
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'tract 2428-1
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(D) Nothing in this section shall be construed to limit the liability of the Associjati
for its negligent act or omission or for any negligent act or omission of an officer or directpl'
the Association.
(E) This section shall only apply to a volunteer officer or director who is a tonal a
separate interest in the common interest development or is an Owncr of it ��71
two
separate interests in the common interest development.
8.3 Damage or Destruction. If Common Area improvements are dam or esho ,d by
fire or other casualty, the improvements shall be repaired or recon- r cte si st h I in
accordance with the original as -built plans and specifications, modifie Is may e requr by
applicable building codes and regulations in force at the time re , it cons 'tion, unless
either of the following occurs: (i) the cost of repair or rec s uctlon is in t fifty percent
(50%) of the current replacement costs of all Propert 'mprovemel s, available insurance
proceeds are not sufficient to pay for at least eighty-fiv ercent (85n ) f the cost of those
repairs or reconstruction, and three -fourths of the Members it their Fi • t Lenders vote against
the repair and reconstruction; or (ii) available insurance ro are not sufficient to
substantially repair or reconstruct the improvem within a reasonable time as determined by
the Board of Directors, a special Assessment levie to supplement the insurance fails to receive
the requisite approval (if that approval is required) as p v' ed in this Declaration, and the Board
of Directors, without the requirement of appro o' he ers, is unable to supplement the
insurance by borrowing on behalf of the ss C. it r s Ifficient moneys to enable the
improvements to be substantially repa or r c"n�ncctt)<�thin a reasonable time
A. Process ,Jor Repair or Rea c et?ot2.�lf the improvement is to be repaired or
reconstructed and the cost for repair it ons c ' n is in excess of twenty-five percent (25%)
Of the current replacement cost of I the Pr p rtimprovements, the Board of Directors shall
designate a construction c n uRan goner I contractor, and an architect for the repair or
reconstruction. All ins r, ice )ce -ds, s ociation moneys allocated for the repair or
reconstruction, and an o in tie ssociation for the repair or reconstruction shall be
deposited with a con it rc a ding ' s * ution experienced in the disbursement of construction
loan funds (the "dep I r ') a s ecte by the Board of Directors. Funds shall be disbursed in
accordance with the In .tea onstr t it loan practices of the depository.
l3. Pr c a'r Reconciruction Nol Undertaken. If the improvements are not
required to be re Ired or nstructed in accordance with the foregoing, all available insurance
proceeds shall b ' burse mong Owners and their respective mortgagees in proportion to the
respective."ark t vtrh s of their Lots as of the date immediately preceding the date of the
damage , es c 'on as determined by a qualified independent appraiser selected by the Board
Dir Is, after rs applying the proceeds to the cost of mitigating hazardous conditions on
ille omi n rea, making provision for the continuance of public liability insurance to protect
the 'nt ests o the Owners, and complying with all other applicable requirements of
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Declaration ol'Covenants. Conditions and Restrictions
Tract 2428-1
(06-29-2016)
DOC #2016042218 Page 39 of 47
8.4. Condemnation of Common Area. The Association shall represent the Owners in
condemnation proceedings or in negotiations, settlements, and agreements with the conden�
authority for acquisition of the Common Area or any part of the Common Area. In the event
taking or an acquisition of part or all of the Common Area by a condemning authority, tl
or proceeds of settlement shall be payable to the Association, or to any trustee appointed
Association, for the use and bencft of the Owners and their mortgagees as the' +r#eCe s
appear.
8.5. Condemnation of Project. If there is a substantial taking of the
terminate the legal status of the Project and, if necessary, bring
California Civil Code section 4610 or any successor statute, on the elec
one percent (51 %) of the total voting power of the Associt n d
Mortgage Holder Mortgages. The proceeds from the part i sa e s
Owners and their respective mortgagees in proportion to h fair mar
determined under the provision of this Declaration.
ARTICLE IX
ARCHITFCTU
9.1. Committee Members. The Architectural
A. Initial Committee A4
the initial members of the Arc]
anniversary of the issuance of the
himself the power to appoint a maj
all the subdivision interests in the
issuance of the Final Public 4(%Dort
13. Con
of issuance of the
power to appoint c
all the subdivision
issuance of the Fir
shall have the Dova
e
cet
MITTEE
ny
may
may
to tern a ate b�l fty-
prlo a of Eligible
ributed to the
alues of their Lot as
consist of three (3) members.
lby arant. Declarant shall appoint all of
tte and all replacements until the first
t for the Project. Declarant reserves to
ittee members until ninety percent (90%) of
n sold or until the fifth anniversary of the
; first.
orn rd by Association. After one (I) year from the date
re i or the Project, the Board of Directors shall have the
the Architectural Committee until ninety percent (90%) of
to
have been sold or until the fifth anniversary of the
rt, whichever occurs first. Thereafter the Board of Directors
of the members of the Architectural Committee.
9.2. Meetings. ' e Ar i' ectural Committee shall meet from time to time as necessary
properly to r its rf s hereunder. Any two (2) members of the committee shall constitute
a gaorur . " ie o or written consent of any two (2) members shall constitute an act by the
c,Qnuni The co m�ttee shall keep and maintain a record of all its actions.
9.3. 7pro � Zequired. Any Owner who proposes to construct a new structure, reconstruct
an exis ' ig strue ure, or make significant alterations to the character of an existing structure shall
submit a of iplete set of design plans to the Architectural Committee for review and approval
for to I- it g for the necessary permits from the local building and planning.
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Declaration of Covenants. Conditims and Restrictions
t ract 2428.1
(06-29-2016)
DOC #2016042218 Page 40 of 47
9.4. Procedure. Within fifteen (15) days after submittal of design plans the Architcc a al
Committee shall schedule a meeting with the Owner during which the proposal will be discuss
and evaluate for conformity with the Requirements contained in this Declarati 1 tl
Conditions of Approval for the Subdivision Map. At the conclusion of the 1 iecting e
committee shall take a vote to approve the design plans. A vote to deny the deli qfa s all be
accompanied by a list of items to be addressed prior to approval.
9.5. Liability. Neither the Architectural Committee not, any member th ha bet • le to
any Owner or to any other party for any damages, loss or prejudice Buff r or 1a' n o a 'oust
of (i) the approval or disapproval of any plans, drawings, specifications r (ii) the 01 Arne ' n or
performance of any work, whether or not pursuant to pp vec ms, awings and
specifications. It shall be presumed that the Architectural mmittee, or dual members
thereof; have acted in good faith on the basis of actual kno I dge within h it/his/her possession.
9.6. Governmental Approval Required. Before coin e ement o any alteration or
improvements approved by the Architectural Committee, the wn sl II comply with all the
appropriate governmental laws and regulations. "oval by the Architectural Committee does
not satisfy the appropriate approvals that may be rc u d by the City of San Luis Obispo or any
governmental entity with
9.7. Failure to Respond. In the event
disapprove such design and location I'll,
have been submitted to it, approval will
shall be deemed to have been complied wi
AR �L� X
GE L ROVISIONS
'Committee fails to approve or
after the plans and specifications
the provisions of this Declaration
10.1. Gnforcemen1.(E c o atio a _ject to compliance with California Civil Code section
5975; or any Owner, s av [ right to enforce, by any proceeding at law or in equity; all
restrictions, condition cants, e ervations, liens, and charges now or hereafter imposed by
the provisions of th' Dec aura 'on, the Articles, and the Bylaws, and in that action shall be
entitled to recou r so b ttorney fees as are ordered by the court. Failure by the
Association or b ny Ow e to enforce any covenant or restriction contained in this Declaration
shall in no event e eemc waiver of the right to do so thereafter.
A r Blare of Rights. The Association may not cause a forfeiture or abridgement
an is righ o the full use and enjoyment of his individual ownership interest on account
t fa' r by Owner to comply with provisions of the governing instruments or of duly
ena �c •ulcs peration for common areas and facilities except by judgment of a court or a
decisioi it' ing out of arbitration or on account of a Foreclosure or sale under a power of sale for
failure of h owner to pay assessments duly levied by the Association.
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Intel 2428-1
(06-29-2016)
DOC #2016042218 Page 41 of 47
13. Imposition of Penalties. The Board of Directors may impose monetary pena es,
temporary suspensions of an Owner's rights as a member of the Association or other appro i to
discipline for failure to comply with the governing instruments provided that the procedures fo
notice and hearing, satisfying the minimum requirements of California Civil Codes L 8
are followed with respect to the accused member before a decision to impose discip ' s
reached. A monetary penalty imposed by the Association as a disciplinary meanu e • fa' Ire of
a member to comply with the governing instruments or as a means of ennburs ig the
Association for costs incurred by the Association in the repair of damage to c I it are s and
facilities for which the member was allegedly responsible or in bringin 1 ne be 1 d his
subdivision interest into compliance with the governing instruments i t no e ha' c rized
nor treated in the governing instruments as an assessment which may be ome a I I agail , the
member's subdivision interest enforceable by a sale of the c st � ecor Ice with the
provisions of California Civil Code sections 2924, 2924(b) 92 (c). _
10.2. Invalidity of Any Provision. Should any provisioi r portion f this Declaration be
declared invalid or in conflict with any law of the jurisdictio ere this 'r perty is situated, the
validity of all other provisions and portions shall remain unlit i full force and effect.
10.3. 'Term. The covenants and restrictions of th�,
Property, and shall inure to the benefit of and shall
Owner of any property subject to this Declarati it,
and successors and assigns, for a term of twen y on
recorded, after which they shall be itgmati a ly ea
years, unless an instrument in writing, 1 d by (�
the City of San Luis Obispo, has been reco e w1
successive period of ten (10) years, a r g to >
in part, or to terminate same.
0
cclaration shall run with and bind the
forceable by the Association or the
it I five legal representatives, heirs,
I eats from the date this Declaration is
for successive periods of ten (10)
Ity of the then Owners of Che Lots and
e year preceding the beginnin of each
the covenants and restrictions in whole or
10.4. Amendments. Thi I ecl r, 'on na mended only by the affirmative vote (in person
or by proxy) or written c it o fibers representing a majority of the total voting power of
the Association and as < b e ma' rI of the votes of members other than the Subdivider.
However, the percen o vo ' > ower necessary to amend a specific clause shall not be less
than the prescribed per t e of a r ative votes required for action to be taken under that
clause. Any such am dine I st be certified in a writing executed and acknowledged by the
President or ViceF it oft Association and shall become effective upon recordation in the
office of the Cot n y Rcco1 e - of the County of San Luis Obispo, State of California. Before the
close of the first s ow (fi s sale) of a Lot in the Project to a purchaser other than the Declarant,
this Dcclar n an I endments to it may be amended in any respect or revoked by the
executio Lit by a recorded instrument amending or revoking the. Notwithstanding any
her p o i ion of 's declaration, no amendment, change, modification, or termination of the
n 'tion" c enants, and restrictions of this Declaration that relate to any of the Conditions of
App v for a t 2428 shall be effective unless approved in writing by the City of San Luis
Obispo, 'n uding Sections I.I, 1.7, 1.8, 1.19, 1.26, 1.27, 2.2.8, 2.4, 2.7, 2.9, 3.4, 3.5.C(I),
3.5.C(2), .5.G, 6.1.A, 6. LB, 7, 10.3, 10.4, and 10.5 hereto.
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Tmc1 2428-1
(06-29-2016 )
DOC #2016042218 Page 42 of 47
10.5. Annexation. The Annexable Property may be added to the Project by Declarant as o1 or
more subsequent Phases without the approval of the Association or any Owner. Otherwise, a ry
other property may be annexed to the Project only with the approval of two-thirds (67%) of �c
class of Members of the total votes residing in Association members other than the Su dr
A. The plan for phased development through annexation referred to r9 �t b 'vision
(a) must include, but need not be limited to, the following 4
(1) Proof satisfactory to the Commissioner that no proposed
in an overburdening of common facilities.
(2) Proof satisfactory to the Commissioner that n os d vinexa i n will cause
a substantial increase in assessments against existing o i hich gas o disclosed in
subdivision public reports under which pre-existing owners rchased thoi)nterests.
(3) Identification of the land proposed to c nnexed an,1 the total number of
residential units then contemplated by the subdivider for the o erg suv', ion development.
(4) A written commitment by
concurrently with the closing of the escrow for
annexed phase, appropriate amounts for reserve!
common area improvements in the annexed pI
occupancy of residential units under a rental p C
been in effect for a period of at least year
sale of a residential unit in the annexed nh sc
bdivider to pay to the Association,
t sale of a subdivision interest in an
la ment or deferred maintenance of
ssiita' by or arising out of the use and
o icted by the subdivider which has
a c of closing of the escrow for the first
10.6 Rights of First Lenders. No r c of anyoof the covenants, conditions, and restrictions
contained in this Declai do nor h enfor r lent of any of its lien provisions, shall render
invalid the lien of any Fi o tga e t an of made in good faith and for value, but all of
those covenants, conditi I s, I IsU ion ;hall be binding upon and effective against any
Owner whose title is b tiro Foreclosure or trustee's sale, or otherwise. A lien for
regular or special as,es ag ills t`an,6wncr may be made subordinate by the CC&R's to the
lien of any first mor ag or i - t eed of trust (hereafter collectively "First Encumbrance")
against subdivision in e s 'the ner. Documents to the contrary, First Lenders shall have
the rights and prole ' et r in the following paragraphs:
A. C It. 'es of r perty Documents. The Association shall make available to Lot
Owners and First e ers a d to holders; insurers, or guarantors of any First Mortgage, current
copies of i -la i , Bylaws, Articles, and other Rules concerning the Property, and the
books, re , rds, , inancial statements of the Association. "Available" means available for
Ceti d copy , upon request, during normal business hours or under other reasonable
cr • ll tan s. "'he Board of Directors may impose a fee for providing the requested documents,
whic e nay exceed the reasonable cost to prepare and reproduce them.
B. Audited Statement. Any holder, insurer, or guarantor of a First Mortgage shall be
n written request, to an audited financial statement for the immediately preceding
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'I }act 2429-1
(00-29-21116)
DOC #2016042218 Page 43 of 47
fiscal year, free of charge to the party so requesting. The statement shall be furnished wi
hundred twenty (120) days of the Association's fiscal year.
C. Notice of Action. Upon written request to the Association, identifyin ti ni
and address of the Eligible Mortgage Holder or Eligible Insurer or Guarantor. and ti t
number, that Eligible Mortgage Holder or Eligible Insurer or Guarantor will be el i to imcly
written notice of:
(I) Any condemnation loss or casualty loss that affects er I poop of
the Property or any Lot on which there is a First Mortgage held, insure r g r to that
Eligible Mortgage Holder or Eligible Insurer or Guarantor, as applicable
(2) Any default in performance of oblig ti n under the fty Documents
or delinquency in the payment of Assessments or charges ed by an O n r of a Lot subject to
a First Mortgage held, insured, or guaranteed by that E igible Mortga Holder or Eligible
Insurer or Guarantor, which default remains incurred for a p io of sixty C )) days;
(3) Any lapse, cancellation, oolla.terial modification of any insurance policy
or fidelity bond maintained by the Association; an
(4) Any proposed action
percentage of Eligible Mortgage Holders as s
The Association shall discharge its obfi n t
Insurers or Guarantors by sending written o
address given on the current request r ice
Declaration.
D. Consent.
(1)
Documents in case
re the consent of a specific
sions of this Declaration.
of ?Iigiblc Mortgage Holders or Eligible
ired by this Declaration to them at the
manner prescribed by the provisions of this
by statute or by other provision of the Project
or condemnation of the Project:
consent of Owners of Lots to which at least sixty-seven
percent (67%) o o s it c Association are allocated, and the approval of Eligible
Mortgage Holder ortga s shall be required to terminate the legal status of the Project as a
common interes oject; ovided however, that if termination is for reasons other than
substantial s Ic ' n c ndcmnation, the agreement of Eligible Mortgage Holder representing
at least si -se •n ercent (671/0) of the votes of the mortgaged Lots is required;
(b) The consent of Owners of Lots to which at least sixty-seven
per t 67°o the votes in the Association are allocated, and the approval of Eligible
Mortga older_ holding mortgages on Lots that have at least fifty-one percent (51%) of the
votes of
e Lots subject to Eligible Holder Mortgages, shall be required to add or amend any
lterial r visions of the Project Documents that establish, provide for, govern, or regulate any
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Declaration o(Covenains. Conditions and ResancI ons
*11act2428-1
(06-29-2016)
DOC #2016042218 Page 44 of 47
of the following: (i) voting rights; (ii) assessment liens, the priority of assessment lien or
increases in Assessments that raise the previously assessed amount by more than twent L ve
percent (25%); (iii) responsibility for maintenance and repairs; (iv) reallocation of interests in h
general Common Areas, or rights to their use; (v) convertibility of Lots into Comm s r
vice -versa; (vi) expansion or contraction of the Project, or the addition, annexatio r
withdrawal of property to or from the Project; (vii) hazard or fidelity insuranc it cuts;
(viii) imposition of any restrictions on the leasing of the Lots; (ix) imposition , fly rest is dons
on an Owner's right to sell or transfer his/her Lot,- (x) restoration or repair o e rojec fter
damage or partial condemnation) in a manner other than that specified in t ec hoc cuts;
or (xi) any provisions that expressly benefit mortgage holders, insurers, o ara o
(c) An Eligible Mortgage Holder o r cei s wriFil request to
approve additions or amendments without delivering or posf i to the reque rty a negative
response within thirty (30) days after the notice of the pro o cd additioamendmcnt shall be
deemed to have approved that request, provided the noti e la been deli ered to the Eligible
Mortgage Holder by certified or registered mail, return rccei t 1c ucstcd.
(2) Lxcept as provid by statute in case of condemnation of -
Substantial loss to the Lots or common elements c Project, unless the holders of at least
sixty-seven percent (67%) of the First Mortgages s upon one (1) vote for each First
Mortgage owned) of the Owners of the individual Lots h c 'ven their prior written approval,
the Association or the Owners shall not be entiA d t .
(a) By act c
common interest project (except for a
substantial destruction by fire or otlyr
eminent domain); 7
0
"o abandon or terminate the Project as a
urination provided by law in the case of
n the case of a taking by condemnation or
(b is e ie�pro'r to interest or obligation of any individual Lot for
the purpose of levyin s e s r c arges or allocating distributions of hazard insurance
proceeds or condem ia(''onn s;
c Partifroi or subdivide any Lot;
1 act or omission, seek to abandon, partition, subdivided,
encumber, sell, r transfer tl e Common Area. (The granting of casements for public utilities of -
for other public poses nsistent with the intended use of the Common Area shall not be
deemed a s clause); or
the
',0e) Use hazard insurance proceeds for losses to any of the Project
or to Common Area) for other than the repair, replacement, or reconstruction of
E. Right of hirsl Refusal. The right of an Owner to sell, transfer, or otherwise convey
or he t shall not be subject to any right of first refusal or similar restriction.
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Tiac1 2429-1
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DOC #2016042218 Page 45 of 47
F. Cono-acts. Any agreement for professional management of the Project, or leas
any other contract providing for services may not exceed one (1) year. Any agreement
professional management shall provide for termination by either party for cause on u1
days' written notice, or without cause and without payment of a termination ['cc of ena
ninety (90) days' written notice or less.
G. Distribulion of Insurance or Condemnation Proceeds. No provis n f the I r ject
Documents gives an Owner or any other party priority over any rights o 'L is er *n the
case of a distribution to Owners of insurance proceeds or condemnation , at,lo. e to or
taking of Lots or Common Areas.
H. Status of Loan to Facilitate Resale. Any Firs ortgage giv��curc a loan to
facilitate the resale of a Lot after acquisition by l oreclosul , r by deed I --eu of Foreclosure or
by an assignment in lieu of Foreclosure, shall be deemed t b a loan mac e n good faith and for
value and entitled to all the rights and protections of mortga� s der thi 0 claralion.
I. Right to Appear at Meetings. AI �Iligible Mortgage Holder may appear (but
cannot vote) at meetings of Owners and the Boardx1plitletors to draw attention to violations of
this Declaration that have not been corrected or that been made the subject of remedial
proceedings or Assessments.
10.7. Owner's Compliance. Each O r r or n r': ter shall comply with the provisions of
this Declaration and, to the extent they dr t In o iIli ith this Declaration, with the Articles
and Bylaws, and the decisions and resolul it f t sociation or the Board of Directors, as
lawfully amended from time to time re t co ply with any of these provisions, decisions,
or resolutions shall be grounds for action i t recover sums due, (ii) for damages, (iii) for
injunctive relief, (iv) for cos s Ind a o ey fee , r (v) any combination of the foregoing.
A. In the -v tto'f a 'o tion oof the Project Documents, the Association may, if
permitted by applica I la r ord a ice of Violation against the Lot of the non -complying
Owner. Upon record t Ott Vio ation, the Association shall have complete discretion in
deciding whether, wh,t a1 how roceed with enforcement, and any delay after recording a
Notice of Violation all r t 've rise to a defense of waiver or estoppel in favor of a non-
complying Owne . " sci i n may take action to enforce compliance against a subsequent
Owner who acq ices a Lo ith a recorded Notice of Violation. The right of the Association to
record a Notice f iolatio I : hall be in addition to all other rights and remedies the Association
may have or n t Project Documents.
All , cements and determinations lawfully made by the Association in
c an It the voting percentages established in this Declaration or in the Articles or the
By s tall erred to be binding on all Owners and their successor and assigns.
10.8. No i e. Any notice permitted or required by this Declaration or Bylaws may be delivered
email ;mcyshall be deemed to have been delivered seventy-two (72) hours after a copy of the
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notice has been deposited with the United States Postal Service, first class or registered, p
prepaid, addressed to the person to be notified at the current address given by that person
Secretary ofthe Board of Directors or addressed.
10.9. Allernalive Dispule Resolulion. The Board of Directors is authorized to cot j
diversion of the prosecution or defense of any civil action to alternative di es lution
proceedings, such as mediation, non -binding arbitration, or binding arbitration, is aut 0-ized
to agree to participate and to participate fulty and in good faith in the resol 'o of in ivil
action through any alternative dispute resolution proceedings, includin n t 'd to
mediation, non -binding arbitration, and binding arbitration, and paying c , re of b in , erred
by the Association on account ol'those alternative dispute resolution pro e dings.
10.10. Number and Gender. The singular and plural nw r ar d mas a emininc, and
neuter gender shall each include the offierwben the context r quires.
IN WITNESS WHEREOF, the undersigned, licit , -te Deck a t, has exccutcd this
Declaration on this L(day of �U� , 201E at U or a.
t-age 40 01 40 -
IkcIalit ion M COVCna Its, Conditions and RcoicI ons
IYaci 2429-1
(06-29-2016)
s M wr'escCT
DOC #2016042218 Page 47 of 47
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END OF DOCUMENT