HomeMy WebLinkAbout84-67 REZONE FOR R-3 TO PUD 3 OF 6sra�a+T'..��,�,
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2.05. "Common Expenses" shall mean and include the actual and estimated _
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expenses of operating the Property and any ;reasonable reserve for
such purposes
found and determined by the Board and all sums designated Common
Expenses by or
pursuant to the Project Documents.
2,09. 'tDeclarant" shall mean HAROLD U
CoNC55 DL'V1rLOPMEN f
�MPAW', a California Limited Partnership,, its successors and assigns.
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2.10, !Declaration'' shall mean this ;Declarati
time. on, as amended from time to
"El_ i ible First Mortgagee" shall mean a First Mortgagee who has
requested ,notice by sending a written
request to the Association, stating both its name
and address and the unit number or address of the unit It has the mortgage on.
2.12. '!Final ,public Report" shall mean the final public "report issued by the
California Department of Real Estate or
any successor state agency pursuant to the
California; Subdivided .ands Act (Business & Professions Code Section 11000 et seq.) as
it bel
may amended from time to time.
2,13. "TmproVements" shall mean all structures and Improvements on the
Property, including, but not limited to, buildings,
paving, fences, signs and landscaping.
2.14. '"Lot" shall mean any, parcel of land shown=
exception of the Common Area. on the Map, With the
"Map"
shall mean that subdivision map entitled 1'
rhe Country Unit No. One", recorded on F
ebruary 27; 19$5
in Book 95 of ��laps, Pages $5 and 89, In
the Official Records of Butte County,
2,'16. "Member" shall mean a person Ar entity entitled to membership in the
Association as provided herein. Each Owner OeEo-Owner shall be
a member-.
2.17, "MortLaEe" shall, mean a mortgage or deed;of trust encumbering
or other portion of the Project. "Mortgagee"' 'a
sbaall includebeneficiary oa holder of
a deed Lof trust as well, as a mortgage, "First
Mortgage" or "First Mortgagee" is one
having priority over al other mortgages or holders of Mortgages encumbering
same Lot or other portion of the Project. _ the
2.1$. "Owner" or "Owners" shol4 mean the record holder or holders of title
if more than one, of a fee sln�ple title to any Lot in the Project, '
Contract sellers or persons or entities having any interest�'merety, as security forthe
In the event that said remaining phases, ori any 6f thein, are not
annexed as provided above, and the easements reserved by Declarant terminated
are
automatically as provided above; should any of the properties descrIbod in Exhibit "B"
require access for ingress and egress over private streets located within .the project,
said easements shall exist for reasonable vehicular and: pedestrian traffic, provided
however, .that the properties (and the owners thereof) shall be obligated to pay their
equitable share of the cost of maintenance and repair of said private streets, and snail `
be subject to a. lien or liens for said maintenance and repair costs.
3.02. restricted Common Areas. The fo lov, ,ng described portions of the
Common Area referred 'to ,as "Restricted Cominon Areas", are hereb
allocated; set aside and
(a) Parking Spacese Each Owner shall be entitled to the exclusive use
of the parking spaces attached or assigned to his lot,
IRADepartment
(b) Ciro Department Access .Area. The Restricted Area for ':Fire
�:;e only shown on the flap shall be reserved .for the exclusive use of the
Fire Department as a turn around and access area at all times.
3.03. Partition Prohibited. The common areas shall remain undivided as set
forth above. Except as provided by California Civil Code Section 1354, no owner shall
an action: for artition it being a
g Y P , g greed that this restriction is necessary in order -
to
to preserve the rights of the owners with respect to'the operation and management of
the project. Judicial, partition by sale of a single unit owned by two or more persons°
°
and division of the sale proceeds is not prohibited hereby, but partition of title to a
single unit is prohibited.
3.04; Garage$/Driveways. Each Owner shall be entitled to the exclusive use
of the garage located upon his %ot and the driveway serving 11is garage.Restelct ons
regarding, garages and parking are. contained in Section 4.02.
3.05. Annexation of Additional Property: Additional property may be
annexed to and become subject to this Declaration by any of the following methods set
forth this Section. 'Upon
.in annexation, additional parcels shall 'become subject to this
Declaration
without the necessity of amending individual sections thereof.
a Annexation Pursuant to Plan. The property described on Exhibit;'613[1
shall be annexed; to and becoine a part of the Project, "subject to this Declaration,. and
subject to: the jurisdiction of the Associationj without the assent of the Association or
at s members, or without the assent, of the Owners, on condition that:
(1) Date for
Annexation: Any annexation pursuant; to this Section
shall be made prior to the third 'anniversary of the issuance the original
of PU61ic
Report for the immediately:proceeding phase. Declarant siiall be under no ;obligation
to develop: or annex said additional phases and real property and,
IJeclarant;mal<es no
representation with respect to whether or not such.additonal real property will ever,
.aid
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Which 4. 12. Drainage. No Owner shall do any act or construct; any hilpr6vement
hich would interfere with the natural or establisheddrainage
within the Project without` the systems or patterns
approval P
pp val of the Hoard..
be 1 Liability of Owners for Damage to Common Area. The Owner o! each
Lot shall be liable to the, Associati.on for all damages to
improvements
the Common Area and/or
thereon caused by such Owner or any o'ccupan't of his Unit or ,guest,
except ,for that portion of said damage, if
anirlsur,,Ince of -
he
Association. Liability of an Owner shall be esfi blished Only eaf after notice to the Owner
and hearing before the Board:
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4.14,. Sports l~ixtures. No bas{<et6all standards; hoops or backboards or other
fixed sports apparatus shall be
attached to any Unit or erected on any Lot.
4.15. Nuisances. No noxious, illegal, or seriously offensive activities shall be.
carried on within the Common Area or Restricted Common Area,
Or sl7nil an thing be
done thereon which may be or may become an annoyance or a nuis.anco 'to or which
may in any way interfere 'with the quiet enjoyment
of each Owner",; Lot ar Common_'
Area, or Whlc:h sh�li in any `.tray increase the rate of insurance for the Project or, for
any other Lot, or cause any insurance
policy to be cancelled or to cause a refusal or
renew the same, or which will impair the
structural integrity of any building.,
Compliance
with Project Documents. Each Owner eonfiract
act Purchaser
lessee, tenant, guest, invitee or other occupa
Lot or user Uf the a
shall comply with the provisions o'f the Project Documents.
4.17. Solar Collectors. No solar collectors shall, be erected or maintained.
Upon the outside of any building on the Property unless the
same has been a
the Arch tee+ural Control Cornrnittee.
Plateans and sped ppro y
color, size, Plans
rials and' nsowngkibl
cation
such coetorArchitecturaCntof Comrttshall be oapPaal• submitted to he
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SECTION 5:'i1AAINTENANCE Ol3LIGA'CIONS
.5 plo Association lMalntenance Obligations:.
responsible for maintaining the fol'lowind In good condition p�sCciation shall be
and r
a. Common Area _lm rovements. The shall lltuin or
provide for the maintebnce O. f all Comma A ea improvemelnts�nnc
buildings
tiding a
and utility laterals located within the Area:
.Common
b• Landscaping. The Association shall provide 3rdening services to.
maintain and replace as nec teary,; all the landscaping
within tho Common Area.,, 'The
sprinkling ;systems originally' installed on the 'Common Area in Gonne_ ctian' witl�,,the
landscaping improvements
shall also, be operated and lnainta.ined by. y the AsspcIation,
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6. i 1. Notice " and Plat o e`UlEetin s. Written notice of each mooting of the
f �
or person authorized
members shall be given by,, or at, the direction of, the secretary
a caPy of such notice, postage prepaid, at lcas.t l0 days
to call the meeting, by mailing
90 days before such meeting to each first mortgagee' requesting
but not more than
notice and to each member, addressed to the member's address last appearing bn the
to the Association for the :
books of the Association, or supplied by such member
Such notice shall specify the place, day and hour of the meeting,
purpose of notice.
and, in the case of a special -meeting, the purpose of the meeting. Maeflt�p;s shall be
,:
meeting place as close thereto, as possbloVt
held within the Project or ata
6.12. Board of Directors. The affairs of the Association shall be managed by
shall canclLfCt regular and
a Board of directors, which shall be established, and which
sp7eclal meetings according to the provisions of the l3ylaws.
SECTION 7: POWERS DUTIES ANO LIMITATI )1%,6 OF TTION
w s and Duties of Association. In addition to the powers and duties
7.01.Powers
and 'Bylaws or elsewhere provided for Itoreio, and without
enumerated in its Articles
limiting the generality thereof, the Association ;shall have the Colio�ving powers and
duties:
a. Delegation of Powers. To delegate 1,!s powers tri committees,
Iof as expressly authorizod by the Project
offficers or employees the Association
Documents,
b• tiJlana Cement. Agent. To employ a management agent and to
to all or any part of the duties and
contract with independent contractors perform
responsibilities of the Associatlon, provided that any contract with a firm or person
of yhe
appointed as a rrranaaing agent or any other contract providing for services
builder shall not exceed a l year term reneWable by the parties
developer, sponsor or
periods and shall provide ,for the right of the Association t0
for successive one year
at the firsC annual meeting of the members of the Association, to
terminate the Barrie may
terminate the same .for cause on 30 days written notice, Ind either party
and without payment of a termination fee on 6:0 days written
terminate wthqut' cause
notice. j
eriance• "Co maintain the Project as required by the I�rovislolls
c. ,\lpaint�
of this Declaration.
of the
dy Supervision., To -supervise all officers, agents end employees,
Association and see that their duties are Oroperty performed.
F�sseSsMents, Liens, and Finds. To levy and cop`lect assesstr ents and
e.'
in the E?roject Documents; impose -.fines or tale discip7linary, actiotti .against
the
is
As, provided
any, Owner tot failure'_ to pay asscssn"rents or for +�'iolatibn of any provision of
Penalties may 'Include but are not limited tq: fines, temporary
!
Project nocument�• mon At ea, or
to
suspe,n5lon of voting rights, .:rights, °_' t: Go
'
instruments,
a es to comply lfa with the governing
other appropriate dlsclpllne for f tl p y o
is natice Arid the opportiinjty to be`heard by
provided that the accused r�lzrrtbd g'r.ven
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the Board With respect to the alleged violations before a decision to impose disci line
is reached. Such p
notice and hearing procedures shall sats; the minimum,
requirements of orporations Code Section 7341, which
Declaration. are et forth in, this
11 nt
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f. Enforcement of Project 'Document I s. To, enforce' applicable
provisions of the Project Documaents for the ownershlp, management::;
Project,. and control of the
�.
consistAdo _tiara of Rules. To adopt, amend and repeal r�+asonable cult's
ent with this, Declaration relating to the use
of the`, Common A
facilities thereon, and the conduct of Owners and Area and all
their t
tile tenants and guljr
to is 'with respect
e Property and other Owners. A copy, of the Association Rulcs as adopted,
amended or :-epealed' shallbe
mailed or otherwise delivered to each Owner and e copy
shall be posted' in a conspicuous place within the Common Area.
I�• Records. Cause to be kept a complete reward o;C ill 'its acts and
corporate affairs and to present a statement thereof to
the member;; Ll the annual`
meeting ;of the members, or at any special meeting when such stater77Cnt is requested
in writing by 5,°u or more of the total
voting power of the Association; I<eep adequate
and correct books and records of account, minutes
of proceedings of its members,,
Board and committees, and a record of its, members giving their
narrres and address
and classes of membership. es
is ,'Vater and Other Utilities. To acquire, provide and pay for water,
sewer, garbage disposal, refuse and rubbish collection, electrical,
.telephone, gas an
other utility services as necessary for the Common /area:.
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j. Gra ntin� of Easements. To grant easements where necessary for
utilities and sower facilities over' the Common
r
Arca to serve theCommon Area and
the Lots.
k. Exercise of Easements. To exercise all ease e t
to, It m n rights as granted
n this for—these
i
herein lot aany othertion
Y pur o purpose of perforrning the maintenance authorized
reasonably,related to the
erformanc the
Association or the EOrd of their responsibilities, the AsSQciatlon's
a cots
employees. g _
1 Contracts. Tp contract for goods and/or services for the Common
Area lac"►lities and interests or for the
Association, subject. to lirnitati.ons elsewhere
set forth in the Project Documents.
Title
m. to Common Area. To. accept title `ta '
conveyed to It by Declarant. — the' Common Area
r1, Acauisitin of I'`rat�erty. To acquire! b ry'
9 c 1 a, t, purchase or, otherwise),,.,,'
otvrl, hold, improve. :build upon,,
operate, maintain, coriveyt-sell, :lease, transfer,
dadicate lar public use or otherwlse dispose
Of real or personal, property in Conner tion
%.vith theIFiairs Uf the°� r�ssoc�iativn
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members other than the Declarant, impose a Regular Annual fl980ssment which is
more than 201,1o. greater than the regular Annual Assessment
preceding fiscal year. o the immediately
Not less than 90 days before the beginning of each fiscal year, :the
Board shall prepare or cause to be prepared, and distribute to each iwner,
a proposed
pro forma operating,statement (budget) for the forthcoming fiscal yo`ir, Any Owner or
Mortgagee may make written comments
to the Board With respect to said pro forme
operating statement. The pro forma operating statement shall be prepared
consistently with the prior fiscal
year's operating stater-nent and shall Include,Adequate,
reserves for contingencies and for 'maintenance, repair and
replacement of the
Common; Area irnprovenfents, Lots and Association personal propt;rty, likely to need
maintenance, repair or replacement in the future.
Not more than 90 driys nor less than 45 days;bef
ach ar the beginning of
efiscal year, the Board shall 'the
meet for purpose of establ.lshing
Assessment for the forthcoming the Regular
fiscal year. At Such meeting the board
shall review
the proposed pro forma operating statement or budget, any written cc:fnrttents
received
and any other information availaule to it and, after making any adjustments that the
Board deems appropriate,
_
shall establish the Regular Assessment for the forthcoming
,fiscal year.
Not less than 45 days before the beginning of each fiscal Board shall distribute to each Owner
1 year` the ,
final
a co
copy of pro forma operating,statement
or
or 'budget for the forthcoming fiscal year. [regular Assessments :t
shall be payable
al monthly 'installments, due on the first day of each month, Unless the Board
adopts some other basis for collection. -
+
U4. Special Assessments. The Board may levy, in'any as essment year, a ,
special assessment applicable to that
year only, for the purpose of defraying; in whole
or in part, the cost of any construction, reconstruction, repair or replacement of a
capital improvement upon tlle
Common Area, including fixtures, and personal property
related thereto, or for extragrdinary expenses incurred by the Association.
If the
special assessment exceeds in the aggregate Sao of the budgeted expenses
gross of the
Association for that fiscal year; the Vote Lor written consent of a majority of the
voting power of the Association residing;
in members other than the 1]eclarant shall be
required to approve such assessment. -
1�
8.05. Individual Charges. individual Charges may be levied against a
�ternber as follows: - -
",
a. As a monetary penalty imposed by the Association as a
disciplinary measure for the faluee of a.
,&iember to comply,
Documents, or p Y w h the Project
b. As a means of re tnburs rte the Association for Cos fs incurred b
the Association for the repair of damage'to Common
Areas and facilities for which the
�blember ryas responsible, or to otherwise bring the Member
anzl his; Lot into
�:or�pliance with the 1'ro1eet Documents. Sucil [ndivi`dualCharges (other than
reasonable late charges, interest, costs
o.f coilec0on and reasonable .attorneys' lees
f^
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9.02. Specific lrnforcerrent Ri�hts, In amplification of, and net in
the rights in ,Section 9.01 above, the Association shall
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limitation of, general ,specified
have the following rights:
a. Enforcement by Sanctions.
(1) Limitation. The Association shall have no power to cause
a forfeiture or abridgement of an Owner's right to the full use and aiijoyment of his
i
Lot on account of a failuce by the Owner to comply with provisions of the Project`
forfeiture is the result of the jucl(tnent of a court`
Documents except where the loss or
or a decisions arising out of arbitration or ori -account of a foreclosum or sale wider a
power of sale for failure of the Owner to pay Assessments levied by tho Association.
(2) Disciplinary Action: The Association may impose'
monetary penalties, temporary suspensions of a reasonable duration (,lot to exceed 30
3
days per violation) of an Owner's, rights as a Uiember of the Association or other
to comply with the E'rcji{cit Documents.
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appropr'►ate discipline for failure
foregoing, the Association shall have no right to Interfere with an
Notwithstanding the
COwne.0s'right of ingress to or egress .from his Lot.
Before disciplinary action authorized under this Section may be
imposed by the Association, the Owner against whom such action Is proposed to be
and the opportunity to be heard as follows:
taken shall be given notice
AM 4
a.. Notice, The Board shall give written notice to the
Owner at Least 151days prior to the meeting at which the Board will consider imposing
believes
disciplinary action. Such. notice she'll set forth those facts which the Board
I time and of the meeting. The notice shall be
disciplinary action, and the place
given personally to `such member or sent by registered za•rail to the last address of such
The opportunity to be heard may,
member, as shown on the records. of the Association.
the election of such member; be oral or in writing and shall occur not less than 5
at
days before the effective date of the impos tion of fines, suspension of rights or other
discipline.
b, Hearing, The hearing shall be conducted in the
the
�qmcounty
in which the Project is located, at a place designated in the notice to
less than three nar more than five ,
accused member, by a crimmittee composed of aot
Hoard members. The hearing, shall; be, presided over by the President, who shall
perform the following d
p uties:
(l;) Read the charges age�nst the subject member,
(:) Require that the charges 'be verified by testimony of tine
person or pc.`sons making them;
j
(3) Hear any other witnesses against the subject ri�ember
(4) Allow the subject nicrrrber to cross-examine ch witness
following the ;testimony of that witness;
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