GATEWAY AMERICANA ONE HOMEOWNERS ASSOCIATION HOMEOWNERS GUIDEBOOK

Transcription

1 GATEWAY AMERICANA ONE HOMEOWNERS ASSOCIATION HOMEOWNERS GUIDEBOOK ADOPTED OCTOBER 2001 REVISED AND ADOPTED NOVEMBER 14, 2013 Management Company: Optimum Professional Property Management, Inc. (ACMF) Accredited Community Management Firm Irvine Boulevard, Suite 212 Tustin, CA (714) (714) Fax

2 TABLE OF CONTENTS I. BOARD OF DIRECTORS... 3 II. MANAGEMENT COMPANY... 3 III. GOVERNING DOCUMENTS... 3 IV. COMMON AREAS... 3 V. RULES AND REGULATIONS ARCHITECTURAL CONTROLS APPLICATION AND APPROVAL REQUIREMENT NON-COMPLIANCE EXTERIOR ITEMS & PERSONAL PROPERTY EXTERIOR CLOTHES DRYING/HANGING PROHIBITED EXTERIOR STORAGE OF PERSONAL PROPERTY PROHIBITED RUBBISH AND DEBRIS PETS USE OF ASSOCIATION COMMON AREAS AND BUILDINGS DAMAGE TO COMMON AREAS SWIMMING POOL & POOL AREA POOL RULES AND REGULATIONS ANTENNAE SATELLITE DISHES TRAFFIC REGULATIONS PARKING PARKING SPACES GUEST PARKING VEHICLES PROHIBITED ON COMMON AREA AND CARPORTS TRAILERS, BOATS AND NON-MOTORIZED VEHICLES REPAIR OF VEHICLES PROHIBITED USE OF GARAGES SIGNS FOR SALE, LEASE OR RENT... 8 VI. ENFORCEMENT ENFORCEMENT GENERALLY TENANT AND GUEST VIOLATIONS REPORTING VIOLATIONS PENALTY ASSESSMENTS (FINES) SCHEDULE OF PENALTY ASSESSMENTS ENFORCEMENT & FINE POLICY Page 2 of 10

3 I. BOARD OF DIRECTORS The Gateway Americana One Homeowners Association ( Association ) is governed by a Board of Directors ( Board ) comprised of five (5) Association members, each of which serve for two (2) year terms. The Directors are elected through a vote of the Association s membership in accordance with the procedures set forth in the Governing Documents. Included in the Board s duties is the faithful enforcement of the use restrictions set forth in the Association s Governing Documents, including the following Rules and Regulations. II. MANAGEMENT COMPANY The Association s management company is: Optimum Professional Property Management, Inc. (ACMF) Irvine Boulevard, Suite 212 Tustin, CA Phone: (714) Fax: (714) III. GOVERNING DOCUMENTS The Governing Documents of the Association consist of its (1) recorded Declaration of Restrictions ( Declaration aka CC&Rs ), (2) By-Laws, (3) Articles of Incorporation, (4) the Condominium Plan, and (5) the following Rules and Regulations adopted by the Board of Directors pursuant to Article VII of the By-Laws. Members and residents are generally entitled to the right of quiet enjoyment and use of their units and of the Association Common Areas. The Governing Documents and the following Rules and Regulations exist in part to protect and to preserve that right. Every Member, resident, tenant, guest, etc. is obligated to comply with the Governing Documents and may be subject to disciplinary measures and/or legal action by the Association for a failure to do so. The Association s enforcement policy with respect to violations of the following Rules and Regulations is detailed further below in Section VI ENFORCEMENT. IV. COMMON AREAS The Association Common Areas are those areas under the direct control of the Association. The Common Areas consist of the Association s recreational facilities, parking areas, pathways, etc. and all areas throughout the Association other than the Units owned by individual Members. Units are bounded by the interior unfinished surfaces of a Unit s perimeter walls, ceilings and floors, and also include any patios and garages appurtenant thereto. Common Areas and Units, as well as all Members rights and obligations with respect to those areas, are defined further in the Governing Documents. Page 3 of 10

4 V. RULES AND REGULATIONS 1.0 ARCHITECTURAL CONTROLS The following restrictions reflect and supplement the provisions set forth in Section 5.2 of the Declaration and pertain to a Member s ability to make architectural and landscaping improvements/modifications. 1.1 APPLICATION AND APPROVAL REQUIREMENT As stated in the Declaration, and excepting the interior of each Unit, no replacement, addition or alteration of a building, structure, fence, grading, walkway, drainage facility or other improvement, or landscaping, shall be erected, replaced, altered or removed until the plans specifications for such addition, installation, alteration, replacement or removal have been submitted to and approved in writing by the Association s Architectural and Landscaping Committee ( Architectural Committee ). The Architectural Committee reserves the right to charge an application fee to a Member, as may be necessary, to cover the reasonable costs incurred by the Association in retaining the advice of a professional architect. 1.2 NON-COMPLIANCE A Member s failure to secure approval, or a deviation from the plans and specifications approved by the Architectural Committee, may result in corrective action being taken by the Association which may include, but is not limited to, the removal of an improvement and/or returning an area to its prior condition. The costs of such corrective action shall be assessed against the Member and become the Member s financial obligation. Approvals given by the Architectural Committee do not reduce or in any way impact a Member s obligation to obtain necessary building permits and to comply with municipal codes, including for improvements or modifications made to the interior of a Unit. 2.0 EXTERIOR ITEMS & PERSONAL PROPERTY 2.1 EXTERIOR CLOTHES DRYING/HANGING PROHIBITED Exterior clotheslines and related items are prohibited. Clothes, sheets, rugs, blankets or other articles may not be hung out to dry or placed for any purpose on any part of the Common Areas outside the boundaries of the individual Units, nor may they be hung or placed upon fences, eaves or garage doors. 2.2 EXTERIOR STORAGE OF PERSONAL PROPERTY PROHIBITED Personal property including, but not limited to, appliances, tricycles, bicycles, chaise lounges, chairs, barbecues etc. must be housed within the boundaries of a Unit and may not be stored on any aspect of Common Area. Pots, planter boxes, etc. may not be attached or hung from fences or walls. Garden hoses and related items may not be stored on the walls or facets facing the streets. 2.3 RUBBISH AND DEBRIS Trash and recycling containers shall be placed along the curb on Valley Forge after 5:00 P.M. the evening prior to the pickup day, and must be removed by 6:00 P.M. the day of the pickup. The regular scheduled pickup day is Thursday. Residents shall not dispose or deposit trash over condominium fences into Association Common Areas. Page 4 of 10

5 3.0 PETS The keeping of any animal is expressly prohibited, except for household pets which comply with Section 5.1(c) of the Declaration, these Rules and Regulations, and any Rules and Regulations promulgated by Animal Control. Dogs, cats and other ordinary household pets are permitted, provided that they are not kept and maintained for any commercial purpose. All pets must be kept within their owners Unit or enclosed rear yard, and no more than three (3) pets may be kept for any one household. Dogs must be kept on a leash when in any Common Area, and no pet may be fenced, housed or tied in any Common Area. Pet owners are responsible for cleaning up after their pets in Common Area, and must keep their Unit s patio and garage clean and free from noxious odors. Pet owners must not sweep, place or dispose of pet feces into the Common Area. Pet owners must comply with any municipal ordinance pertaining to pets/barking dogs. 4.0 USE OF ASSOCIATION COMMON AREAS AND BUILDINGS Any action which, in the discretion of the Board, infringes on any Member s or resident s right to the quiet use and enjoyment of their Units and of Common Areas shall be considered a violation of these Rules and Regulations and of the Governing Documents. All residents and their guests shall comply with all state and local codes while on Common Areas, including those pertaining to the consumption of alcoholic beverages and the use of controlled substances. 4.1 DAMAGE TO COMMON AREAS A Member shall be held responsible for any damage to Common Areas resulting from the acts of the Member, the Member s pet, guest or tenant, including the acts of the tenant s guest or pet. 5.0 SWIMMING POOL & POOL AREA The pool and the pool area are recreational facilities provided for the use and enjoyment of Association residents and their guests. All persons are obligated to comply with any Association rules and regulations pertaining to the use of the spool and pool area, including those which limit the amount of persons that may use the pool and/or pool area at any given time. ALL PERSONS USING THE SWIMMING POOL DO SO AT THEIR OWN RISK. THERE IS NO LIFEGUARD ON DUTY, NOR SHALL THE ASSOCIATION BE HELD LIABLE FOR ANY INJURY TO PERSONS OR PROPERTY STEMMING FROM THE USE OF THE POOL OR POOL AREA. 5.1 POOL RULES AND REGULATIONS SWIM AT YOUR OWN RISK. NO LIFEGUARD ON DUTY. Normal pool hours are 9:00 A.M. to 9:00 P.M. The pool and the pool area are recreational facilities provided for the use and enjoyment of Association residents and their guests. Every resident has a shared responsibility to maintain the pool and pool area to keep it free from trash, debris, pollutants or other noxious items. The Association maintains the pool equipment and pool furniture as a common expense shared by all Association members. Any vandalism, theft or improper conduct should be reported in writing to the Association s management and Board as soon as possible. Violation of any of the following rules and regulations will result in the suspension of the responsible resident s pool use privileges. The Board may, in its discretion, Page 5 of 10

6 determine whether any act or activity constitutes a violation of the following rules and regulations. USE RESTRICTIONS FOR THE POOL AND POOL AREA: Residents and guests under fourteen (14) years of age are not permitted in the pool or pool area unless under the direct supervision of a resident adult. Non-residents are not permitted in the pool or pool area unless accompanied by a resident adult. The number of guests per resident family is limited to four (4). Roller skates, skateboards, bicycles and related items and activity are prohibited. Loud or disturbing noise (including from radios or personal electronics) is prohibited. Appropriate swimwear is required at all times. Nudity is prohibited. Equipment such as rafts, inflatable toys or fins are permitted unless the pool is crowded and/or unless such items are posing a nuisance to other persons using the pool and pool area. Association furniture in the pool area may not be removed at any time. Any foods or beverages must be disposed of in the designated trash receptacles. Running, horse-play and similar activity is prohibited. Segregation of washrooms by sex shall be strictly monitored at all times. Nudity in washroom areas accessible to both sexes is prohibited. The pool and pool area may not be reserved for private parties. PROHIBITED ITEMS IN THE POOL AND POOL AREA: Dogs, cats and other pets. Glass, breakable materials, hairpins, and clips. Gum. Alcohol. POOL KEYS: Pool keys are issued to Members only one (1) key per Unit. Keys cannot be duplicated. Replacement keys are available from the Management Company in the Page 6 of 10

7 amount of $ THE UNIT OWNER WILL BE RESPONSIBLE FOR THE KEY. Absentee owners should recover the pool key from tenants when they vacate the premises. The pool key must be used when accessing the pool area. OPENING THE GATE FOR OTHER PERSONS IS STRICTLY PROHIBITED. The gate must be kept locked at all times. 6.0 ANTENNAE Only one (1) TV antenna of customary size and height shall be erected or maintained for any unit. No exterior radio pole or antennae is permitted. TV, satellite and related cabling must be professionally installed, and shall not be draped over roofs, fences or buildings. 6.1 SATELLITE DISHES Satellite dishes are permitted only on the rear fascia board of a unit and are not permitted on the rooftop. 7.0 TRAFFIC REGULATIONS The maximum speed of any vehicle used on Association streets is five miles per hour (5 m.p.h.). All residents and guest must ensure that they are operating vehicles in a safe manner at all times. The use of bicycles and motorized vehicles on greenbelt areas, swales, grass and landscaped areas is prohibited. All vehicles which are not street-legal are prohibited from being used on the Association streets. 8.0 PARKING Failure to comply with any of the following rules and regulations may result in the offending vehicle being cited and/or towed at the vehicle owner s expense. The owner may also be assessed a penalty for his/her noncompliance with the following rules and regulations. 8.1 PARKING SPACES Parking spaces are very limited in the Association Common Areas. Every resident and guest must comply with the parking restrictions. Each Unit is provided two (2) parking spaces (either a 2-car garage or a 1-car garage with a carport), which must be utilized before the Unit s resident or guest may use a guest parking space. Storage of any items is prohibited in any parking space. Unlimited parking is available on Valley Forge. Please note the posted warning sign on Valley Forge pertaining to street sweeping days your vehicle may be cited by the City for your failure to comply. All residents and guests must keep the Association streets open and accessible for use by emergency vehicles. Parking is prohibited in Common Areas which are not designated as parking spaces. ANY VEHICLES PARKED IN UNDESIGNATED AREAS WILL BE SUBJECT TO IMMMEDIATE TOW-AWAY IN ACCORDANCE WITH SECTION 22658(a) OF THE CALIFORNIA VEHICLE CODE, OR THE OWNER WILL BE FINED IN ACCORDANCE WITH THESE RULES AND REGULATIONS Parking in front of the buildings is allowed for LOADING/UNLOADING ONLY for a period not to exceed twenty (20) minutes, provided that the vehicle has its hazard lights on and flashing. Page 7 of 10

8 8.2 GUEST PARKING Vehicles of all types belonging to or being operated by guests of residents shall be subject to all parking rules and regulations, and residents are reminded that they are responsible for the location and activity of their guests vehicles. The parking spaces belonging to a Unit must be utilized before a guest of the Unit may park in the guest parking spaces. Vehicles that remain parked in a guest parking area for more than seventy-two (72) hours, or vehicles that appear to be inoperative, shall be subject to immediate tow-away at the owner s expense. Note* - Residents who will be away on extended vacation should contact the Association in advance, and in writing, for special arrangements. The Association is not liable for any towed vehicles as a result of an Owner s failure to do so. 8.3 VEHICLES PROHIBITED ON COMMON AREA AND CARPORTS All vehicles parked in guest parking must have a valid license plate and current registration. No truck over ¾ ton, truck camper, travel trailer or trailer of any kind, tent trailer, boat, motor home, mini-motor home or any other kind of similar recreational vehicle may be parked or maintained within the Common Area streets or carports. Commercial pickup trucks and vans used by residents as personal transportation to and from places of employment will be considered as Permitted Vehicles. 8.4 TRAILERS, BOATS AND NON-MOTORIZED VEHICLES In addition to the restrictions set forth in Section 8.3 above, mobile home trailers, trailermounted boats, other trailer-mounted equipment and non-motorized vehicles of all types which are not classified as Permitted Vehicles may not be parked or maintained anywhere on Common Area where visible, including carports and guest parking spaces. 8.5 REPAIR OF VEHICLES PROHIBITED Pursuant to Section 5.1(d) of the Declaration, the repairing of vehicles anywhere within the Association, including within enclosed garages, is expressly prohibited. 8.6 USE OF GARAGES Garages may be used only for the parking of vehicles and storage of personal items; however, the Association reserves the right to require any Resident to utilize their Unit s garage solely for vehicle parking before such Resident or a Resident s guest may use a guest parking space. At no time may any garage be used for residential purposes. Garage doors must be kept closed at all times except for temporary periods needed for vehicular access to and from the Garage. 9.0 SIGNS FOR SALE, LEASE OR RENT Only one (1) staked sign of customary size is permitted for any Unit advertising the sale, lease or rent of such unit. Page 8 of 10

9 VI. ENFORCEMENT 1.0 ENFORCEMENT GENERALLY The Association has the express authority to enforce the terms of the Governing Documents and the Association s Rules and Regulations. Exercising that authority permits the Board to take disciplinary measures against a violating resident/owner, which may include, but are not limited to, the levying of Penalty Assessments, suspension of membership privileges, and/or the use of formal legal action to compel the violator s compliance and to recover all legal fees and costs incurred by the Association in doing so. 2.0 TENANT AND GUEST VIOLATIONS Unit Owners are legally responsible for the actions of the guests, tenants or tenant s guests. A Notice of Violation may be issued to a tenant for a violation of the governing documents; however, the Unit Owner assumes all liability arising from a violation by the Owner s guest, tenant or tenant s guest. 3.0 REPORTING VIOLATIONS Any resident may report a violation of the Governing Documents, including the Association s Rules and Regulations, by contacting the Association s management company. Reports should be made in writing, and any photographs evidencing the violation should be attached. Note* - Any activity constituting a nuisance (i.e., loud parties, loud vehicles, barking dogs or related issues) should be directed to the POLICE. The Association is not a law enforcement entity and does not have the authority to effectively resolve such matters. Controversies between resident neighbors are civil matters that should be handled by the proper law enforcement authorities. 4.0 PENALTY ASSESSMENTS (FINES) Penalty Assessments (fines) may be levied against a Unit in response to any violation of the Governing Documents and/or the Association s Rules and Regulation. The Board has the discretion to determine whether any activity constitutes such a violation. Penalty Assessments will appear on the Unit s next monthly statement and will be due and payable with that statement. Penalty Assessments shall be levied pursuant to the following Schedule of Penalty Assessments and Enforcement & Fine Policy 4.1 SCHEDULE OF PENALTY ASSESSMENTS First Offense $50.00 Second Offense $ Of the same violation Third Offense Of the same violation $ Page 9 of 10

10 5.0 ENFORCEMENT & FINE POLICY Upon notification or observation of the restrictions set forth in the Governing Documents, including the Rules and Regulations, the Association s management will send a Notice of Violation to the violating Owner, or violating resident and non-resident Owner if applicable. The Notice of Violation will (1) set forth the basis for the violation, (2) the restriction or provision of the Governing Documents at issue, and (3) demand that the violation be corrected within a reasonable time period. Upon notification or observation of a second instance of the violation, or of a continuation of the first violation after the applicable time period has expired, Management will send out a second Notice of Hearing to the violating Owner, or violating resident and non-resident Owner if applicable. The Notice of Hearing will be sent to the applicable Unit via certified mail, return receipt requested, as well as regular mail. The Notice of Hearing will invite the violating Owner, or violating resident and non-resident Owner if applicable, to a Hearing with the Board for the purpose of explaining the reasons for the continued non-compliance. Following the Hearing the Board may, in its discretion, determine what action is to be taken to address and resolve the non-compliance. Such action may include, but is not limited to, the levying of a Penalty Assessment against the Unit or suspension of the resident s membership privileges. The Board will notify the resident within fifteen (15) days following the Hearing as to what action will be taken in response to the violation, as well as what further measures the Board may take should the non-compliance continue (i.e., the continued levying of Penalty Assessments). This notice will be sent via certified mail, return receipt requested, as well as regular mail. At any time during the Board s efforts to enforce a violation and to gain a resident s compliance with the Governing Documents, the Board may determine that it is in the Association s best interest to expedite the resolution of the matter through the use of formal legal action, or to correct the violation and assess the Unit for the Association s costs incurred as a Reimbursement Assessment (Special Assessment) pursuant to the Board s authority under Section 5.2 of the Declaration. Note* - Legal Liability; Payment of Association s attorneys fees and costs As stated in Section 16 of the Declaration, failure to comply with any of the terms of the Governing Documents, including the Rules and Regulations, shall be grounds for relief which may include legal action by the Association to recover damages, injunctive relief and/or any other similar remedy at law or in equity. Should such legal action be instituted, the Association is entitled to recover from the violating Owner the Association s reasonable attorneys fees and costs incurred. Page 10 of 10