HomeMy WebLinkAboutBUTTE CO. PLANNING DEPT. 78-69 3\
PlIt',s 1,0, 10767
and walkways, which are owned by the t.sscciati AI for the corn-
mon use and enjoyment of all of the Owners.' Tho, (:r, iron Arehl
to be so owned by the Association at the tithe Or E~ha conyey-e�nce
of the first Lob is more particularly dlj?scribud err; follows:
Lots A to C, inclusiVe, of Pebblewoed vines,
,being la, Subdivision of a. portion of L 17
'of
the "Cussick Tract", as shoran on .1 Final
}
flop, recorded on November 15, 107, in book,
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58, rages 7$ to 79, inclusive, of hips, in
I
the Office of the Butte County Recordar •
Section 9. "Con-non, Expenses shall, mean actual
management, o oration,
3
and estimated costs of maintenance, p
!' a
repair, replacement and improvement of the Common Area,
Sj±ructural Maintendnce Areas and the Landscape ;falhtenance
IAr'eas (including unpaid Special Assessments, Annual Af"sess-
1�
mentsr Reconstruction Assessments, and Capital Imprdveirent
Assessments); costs of any gardening, ut'iliti'ao and other
services benefiting the Common Area, Structural Maintenance
Areas or Landscape Maintenance Areas3 costs of management
"
and administration of the Association, including Without
I
limitation compensation paid by the Association to managers,
accountants, attorneys and other employees; costs or: bonding
members of the Boardf.� taxes paid by the Association; amounts
paid by the Association for discharge of any lian or encum-
brance levied against the Common Area; or any portion thereof;
and the costs of any other item designated by the Association
for any reason Whatsoever in connection with the Propexti:es,
for the 'benefit of All of the Owners:
Section 10. "Declarant" shall mean and refer to
\
BURT C-, LOWEN, JR.� and DOROTHY JANE LOVIEN) their successors,
`
heirs, and assigns, and any person to Whom they shall have
assigned any of ):heirs rights hereunder by an express written
assignment. .
section 11.."Dwelling Unit" shall mean and refer
"to.a building ]located on a Lot,cieszgned and intended for-use
and occupancy as a residence by,-a single family,
�(
Section 12. "Fa'nil '' shallmean and refer to (1)
a group of natural persons immediately related to one another',
by blood,,mart.iage, or adoption, or i2.) a group of not more
than five (5) persons not all so •;related, inclusive' of their
domestic' servants, Who maintain -a common household in a Dwel-
ling Unit on aT't.
Section 13. "Improvement" shall ,mean and refer to'
any structure or appurtenance thereto of every type and kind,
"
including but not limited to buildings, outbuildings, walkways,
sprinkroadsrler pipes,
driveways,gpraging areas, fences, patioecaVets1 es,
awnings;,
hedges, lndbreaks,��plantings, planted trees and shrubs, poles,
i and a'ter»sofkenin f I;,; r"es or
signs, exterior air. conditioning w
g g 5
equipment.
Section 14. "Lrit" shall mean and refer' to any
'any
residential,'lot or parcel ow land shown upon, recorded
subdivision map or recorded parcel map ;of the. Properties,
With the exception of the common Area.
r
Section 15. "Member" shall mean and .refer to
every person az entity who holds memberhsip in the Asspidla-
vY
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tion as provided herein.
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Section 16, "Mortgage" shall mean anal include
for purposes othis Decllazation the conveyances it, trust of
.'
a Lot, or other portion of',the properties to socuvri the per-
formance of the obligation,'vihich conveyance shall be void
nct
upon full performance of the obligation securer or rec6nvel',
of the property conveyed, The "Deed of 'gust" when used here-
in shall be synonymous with the term "Mortgage".
o section 17. "Mortgageee" shall mean a person or
entity to whom a mortgage is made and shall include the bene-
ficiary of a Deed of !Frust, "riortgagor" shall mean a person
r 1 or entity who mortgages his: or its Lot to another (i.e. the f
maker of. a mortgage), and shallinclµde the Trustor of a Deed
of Trust. The term "Trustor" shalJ`be synonymous with the term
"dlortgagor", and the term "3eneziciary" shall be synonymous
With the term (,,Ilmortgagee" ,
section 18. 110;1ner" shall mean and refor to the
ll person or persons or other legal entity cir entities,, including
Declarant, holding fee simple interest of rec6ir!7 to any Lot
Which is a part of the Proter.tiesi including sellers under
executory contracts of sale, but eycluding those having such
interest merely as security fdr the performance of an obliges-
tion. For purposes of Article X only, unless the eonteXt
otherwise requires, Owner shall also include the family, in-
vitees, licensees and Lessees of any Owner:
Section 19. "Proterties" shall mean and refer to
that certain real property r�escr-,bed in paragraph n of the
f
Preamble to this Declaration.
Section"RabOnstruction Assessment" -hall
,M
mean and refer --to charge against each owner and hie
eopresertinq a portion of the cost to the Associatic'h fbr re-
oh ''the Properr
construction of any portion of the improvements
ties pursuant to the provisions of this De,claratioft.-
Section 21: "Special Assessments'" shall mean and :
refer to a charge against a particular Owner and tails Lot; �li•-
rectly attributabI(- to the owner, equal to thecost incurred
by the Association"for eotrective action, pursuant to the pro-
visions of this Declaration'.
Section 22 "Structural Maintenance areas" shall
Mean, as tFe same may -from time to time exist, the exterior
surfaces bf all-residentia>l townhouse structures, fences and
Walls, the exterior roofing material of the Dwelling Unitas, the
exterior lighting fixtures, and the e:cterior sidewalks on the
" Lots; Structural Aain'ttnah,ce Areas shall specifically exclude all
glass area'i's, o'
Section 23. "Landscape Maintenance seas" shall
mean all plantings,placated trees, shrubs and other landscap-
Lots and extending from the
ing Improvements located on the
Common Area o,the foundation lines of the Dwelling Units and
the Walls and rences� as originally constructed by Declarant,
And excepting those portions of the Lot yard areas which are
enclosed by such walls or fences. The appro:tirate locations
of the Landscape Maintenance Areas of the Properties are fur-,
:K
they depicted on the drawings which are marked E::hibit "C',
-
attached hereto and incorporated herein by this reference.
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egress and Of enjoyment in, to and over the Common Area and
common walkways on the Landscape :Maintenance Area which shall
be appurtenant to and shall pe.ss With titia to every Lot,
subject to the following provisions_
(a) The right of the Association to
reasonably limit the number of g�iests of
owners using the Common Area facilities.
(b) The right of the Associ�attion to
establish uniform rules and regulations
li
pertaining to the use of the Comzon`,�Area
and the recreational facilities theAeof,
including, but not limited to, the right'
and obligation of the Association to
enforce all parking restrictions within
the Common Area as set forth in Section 3:,'
of Article Ti herein: 1
(c) The right of the Association to
charge uniform and reasonable admission and
other fees for the use of the recreation
r facilities situated upon the Common Area,
`(. provided, however, that none of the
Common Area facilities, ,recreational
facilities, parking spaces or other amenities
in the Properties shall be leased to the
Owners,
(d); The right of the Association, in fr
accordance with its Articles of Incorpora-
tion, By -Laws and this Declaration, to bor-
row money with`,the vote or written assent
of ,two-thirds (2/3) of each class of Members
and to mortgage, pledge, deed in trust, or
yp Y per-
h othecate an or a1:1 of its real or
sonal property as security for money bor-
rowed or debts incurred, subject to the
provisions of Article :till of this btdlara-
tion, provided that -the rights of such kior•�.”
gage shall be subordinate to the rights Of
the owners
" (e) The right of the Associatioh to
suspend the voting rights and right to use,'!
thi Common Area facilities by an owner for
any period during which any assessment a-
gai`nst his Lot remains unpaid and delin-
quent; and for a period not to eXceed'thirty
(30) days for any single infraction of this
Declaration or the published rules and regu-
lations of the Association, provided that ,any
suspension of such voting rights or right to
user the Common Area facilities, shall be roade
only by the Board of Directors of the Associa-
tion or a duly 'appointed committee thereof,
after an opportunity for notice and hearing I\7
as provided in the By -Laws of the Association.
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OUIIH9 Q MfkITiRICkar ...: d .
A LAW COAPOR TION
,
(f) Subject to the provisiono of
Article {III of this Declaration, the right;
;
of the Association,to dedicate, rcloase,
alienate or 'transfer all or any part of the
Common Brea to any public agency, authority
or utility for sued purposes and aub]ect to
such conditions as may be agreed to by thE'
bIembersj Plo 8tch dedication, release, alien-
ation or transfer shall be effectiVe, unless
an instrument signed by members entitled to
ca -•t Itvro-th-rds (2/3) of the Class A and
Class B voting power of the Association,
agreeing to such dedication, release, alien-
ation or transfer has been recorded.
(g) The right of the Association (by
action of the Board) to reconstruct, replace
or refinish any Improvement or portion
thereof upon the Common Area, in accordance
With the original design, finish or standard
of construction of such Improvement, or of
the general Improvements ,within the Proper-
ties, as the case may be and not in accor-
dance with such original design/ finish or
standard of construction only with the vote
��. or written consent of the Owners holding
seventy-five percent (75%) of the voting
power of the Association "
(h) The night of the I:r`ssociatioh to
replace destroyed trees or other vegetation
over "
and plant trees, shrubsand ground cove-
the
upon any portion of the -common -Area or
Landscape Maintenance Areas;
`
•• ,
(i) The right oz the Declarant (and
its sales agents mid representatives) to
the nons:.sClusive use of the Corunon Area
and the facilities thereof without add--
tional charge] for sales, display and
exhibit purposes, which right Declarant
hereby reserves; provided, however; that
such does not unreasonably interfere With
the use of the facilities by the Members ofd/� t
tho Association.
Se'ction 2. Delevation of Use. Any wn r may`
delegate,sn a' ccordance with the By -Laws, his right of en-
r`
joyment to the Common Area anti facilities to the Members
of his family, his tenants, or contract purchasers who re -
.side on his property.
Sertion.3. Easements for Parkinir. Temporary
guest or recreational parking snall be permitted within the
Common Area only within spaces and areas clearly marked for
this purpose: The Association, through its officers,
C' es and agents is hereby empowered to establish
rzit to
i,azru
tparking" and `ino parking" areas within the Corroon Area in
accordance with section 22658 of the California Vehicle Code,
as Well as to enforce these parking limitations by all means
r„
lawful for such enforcement on city or county streets, in -
eluding the removal ofanyviolating vehicle by those so
empowered;
.
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Section 4. Easements forVehicuJrir.TraXHIIci
In addition to the general easements for use ax t. e Co,-,mon
Area reserved herein, there shall be and DeclavaftL hereby
reserves and covenantp for itself and all tpturb Owners
within the properties' that each and every.z,,lner shall,' have
a.nonexclusive easement appurtenant for.deh pular traffic
over all private streets within the properties, ;subject to
the parking provisions set forth in Section s of Article IT
hereof. 9
Section 5. Easement for Public'SoryiCe Use.
In addition the Foregging easements over the Common'
,,Area, there shall, be and Declarant hereby reserves and
covenants for itself and all future Owners within the Prop-
erties, easements
rop-erties,'easements for public services, including"but not
limited,,tb, the right of the policeorsheriff to enter upon
any part of the Common Area for,the,purpose of enforcing the
law subject to the Constitution and laws of the State of Cali-
fornia and tllie United States. "
Section 6. Waiver of Use. 'r.{o Owner nay exempt
himself from personal liability for asses�snents or penalties
duly levied by the association, nor release the Lot owned
by him from the liens and charges hereof, by waiver of the
-''
use and enjoyi:,ent of the Common Area and the facilities' there-
on or by abandonment of his Lot.
Section 7i Title:�to the Common Area. The Dec-
larant hereby covenants for itself, its successors and as=
signs that is will convey to the Association fee simple tittle
to the Common area described in Article I, Section 8 of this
Declaration free and clear of all encumbrances and Liens,
r except easements, conditions and reserVa;tlons of record, including
those set forth in this Declaration. Said conveyance shall be
made prior to the conveyance of the first Lot to a' purchaser'
from Declarant pursuant to,"a Final subdivision Public Report
covering the Properties.
ARTICLE III ,
NM; LBERSFIIP I1I ASEociATT_Crt
i, Section 1. ZlembershipF. Every ,Owner of a Lot
which is s lec.. t'n, assessment oy j k,a 6,3. aatzon shall be a
hl mbet of the Association, anci no Owner sh$71 have more than
one membership in the AstOdiation.' Memberships in the Asso-
ciation shall not be assignable, except to the successor in
{ interest of the owner, and every membership in the Association
shall be appurtenant to and may not be separated frozi the fee
cswnershi'p of any Lot hick is subject to rsr„
ise ent by the
Association. Ownersh 1p of such Lost shall be the sole ctialifi=
cation for membership in the Assoc,,.ation.
Section 2. Transfer. The Association r'l_rbership
held by any Dimer oz a Lot shall not be transferred, pledged
or alienated in any 'way, except upon the sale or encurbrance
of such Lot, and then only to the purch4ser or Mortgagee of
such Lot. Any attempt: to maY.e a prohibited transfer is,void,` r�
and will not be reflected 'upon the books and records of the,
Aasociation. A Class a btembcr who has° sold: his Lot to a lv
r contract purchaser under an agreement to purchase shall'be
entitled `to delegate to such contract purchaser his member- C'S
ship rights in the ,Association. Such delegation shall :be in-
(14AN6 4 MC- IOATI ,
tppYOR+neM
A uwt
5.
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" waiting and shall be delivered to the Board 11tdo:e such
contract purchaser may vote: However, the coiiiLeact seller
shall remain liable for ail charges and .aN40 anmants attributable
to his Lot until fee title to the Lot sold iia Lransferred. In
the event the Owner of any Lot should fail, ox refuse to transfer
the Membership registercd in his name to thopurchaspi� of such
Lotthe transferu on the books 'shall
f t'heAssoci„at ori
,J J � Board Directors
the p hright to record
ARTICLE SV
VOTING RIGHTS
section 1. Classes of Voting lCembershia The
Association shall ,have two 2 c asses o. voting membership
as follows:
Class A. Class A Member: shall be all
�=OWrers wtS the exception of the Declarant
V for to long as there exists a Class"`B Member-
ship. Class A Members shall be entitled to 4.
one (1) vote for each Lot owned and subject
to assessment. When
holds an interest in an Lot all
person
more than of such par-
sons shall be Members. The vote Lox such
Lot shall be exercised in accordance with
(r Article IV, Section 2 of this Declaration,
{� and in no event shall more than one (1)
vote be cast with respect to any Lot:
Class B. The Class B-Member shall be
the Declarant and it shall be entitled'to
three (3;) votes for each Lot owned and sub-
` ject to assessment. The Class B membe Chip
shall cease and be converted to Class
^�< membership on the happening of any ofthe
following event's, whichever occurs earliest
- (a) When' the total votes outstand- a41
ing in the Class A membership equal
the total, votes outstanding in the-
Class
heClass B membership; or
(b) The second anniversary of
the original issuance of the Final
Subdivision Public Report £or the
Properties.
Section 2. dote Distribution. Except as other-
r`~ " wise provided a� nSection 1 of t'r.-i s ArUc] e, Members shall be
entitled to one (l) vote for each Lot in which they hold the ;
interest required for membership.When more than one person'
holds such interest or interests in any Lot; all'such joint
OWfters,ishall be DJetrbers and may attend any meetings of the
Association, but only one`-such-joint owner shall be entitled
to exercise the vote to which the Lot is entitled. Such joint
Owners shall from time to,time all designate in writing one of iv
their number to vote, Fractional votes shall not be allowed,
and the Class A vote for each Lot shall be exercised, if at �
all, as a unit. Where no voting Owner is designated or, if
such des,ignatiUn has been revoked, the vote for such Lot shall •
be exercised as the majority bf the co-owners of the Lot
�,,, is +c•' +II �,
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mutually agree. No vote shall be cast for any tot 4there there
is no designated voting Owner and the mrajori'ty of the co-ooners
present in person or by proxy and represeriLinq such Lok: cannot
agree to said voteorother action. The non -Voting Owner or
owners shall be jointly and severally reuponsible for all of
the obligations imposed upon the jointly/ c',nud F,ot and shall
" be: entitled to all other benefits of ownerahipl provided that
each such non-voting joint Owner resides in the awelling Unit
on the Lot-t0i which his Membership is appurtenant. All 'agree-
ments and determinations lawfully made by Oho Association in
j
accordance with the voting percentages established herein, or
it
in the By -Laws of the Association, shall, be deemed to be binding
on all owners, their successors and assignb. Said voting rights
shall be subject to the restrictions and limit-ations provided
in this boclaration and in the 'Articles ol." Zndorporatian and
By-LaWs of the Association.
I) ARTICLE V
� 5 Ai;D F?OViER5 OP ASSOC3n3`SC:1
DUTIES .
Section 1. The Associaftion, acting through
the Board of Directors, shall: have the power and duty
::. to:
(a) Maintain, repair and othr.:rwise manage
the Common Area, Structural Maintenance Areas and
" Landscape Maintenance Areas and all facilities,
improvements and landscaping thereon in accordance
With the proVisions of Article yT and Arti'Cle IX -
of this Declaration:
(b) Maintain all private- streets within it
k
the Properties; inclu-C!Mng cleaning and periodic
restlrfacingc�,
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(c) Maintain all private sewer systems
and parking areas within the Cor„mon Area.
(d) Obtain, for the benefit of the
properties, any commonly metered Water, gas
and electric services,and refuse collec-
tion and Cable television service;
mems where necessary ior.
(e) Grant ease ^
utilities and sewer facilities over the common
Area to serve the Common Area and the tots.
(f) biaintain such policy.or policies of
liability and fire insurance with respect to
the'Dwellinq Units, the Common Area and personal
property, if an', owned by the Astocihtion as
provided 'herein in furthering the purposes of
and protecting the interests of the Association
and Members and as directed by this Declaration
and the Fay -haws of the Association,
p
(g) At the discretion of the Board; employ
ru
or 'contract with a manager or collection agent to,
perform all or any part of the duties and respon-
sibilities of the Association, and shall have the
power to delegate its powers to Committees,
officers and emplovees. Any such agreement or
=
;
p Any contract with Declarant for the furnishing of
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§crvices to the Association, shall. he for L term
not in excess of one, (1) Year, renewable by agree-
ment of the parties for successive one (1) year
periods; and such agveemen'"1\shall be terminable
by the Association at any i:lint� (1) for cause upon
thirty (30) days' Written notice: thereof" and (2)
without cause or the payment of a telrnination
q
fee upon ninety (90) days" written notice,
ARTICLE VT
i
COV£TiA1T FOTO bL;ItdTE?M14CE ASSESSMENTS
Section 1. Creation of, the 'Lien and Personal `
Obligation of Assess;;ent.s. Dec avant, for each Lot owned
within the Propertiesj hereby covenants, and each. Owner of
any Lot 'by acceptance of a')deed therefor, whether or not
it shall be so expressed ,in such deed, is deemed to covenar_t.
and agree to pay to the Association: (1) Annual Assessments
or charges, (2) Capital improvement Assessments, (3) Recon-
struction Assessments, and (4) Special Assessments, such
assessments fto be established and collected as hereinafter
provid`{d. such assessments, together with interest, costs
and reasonable attorneys'' fees for the collection thereof
shall be a charge on the land and shall be a continuing
lien upon the Lot upon 'which such assessment is made.' Each
such assessment, together with interest, costs and reason-
able attorneys' fees, shall also be the personal obligation
of the person who was the Owner of such property at the time
when the assessment fell due. SubJect to the provisions
of this Declaration protecting first <]nrtgagees, thewpersonal
obligation for delinquent assessments shall pass to the sucr
cessors in title of'such owner. 'he Ecard of Directors -shall
establish no fewest than two (2) separate accounts (the
"Pebblewood Pines Maintenance Funds") into Which shall be
deposited all monies paid to she Association, and from which
disbursements 'shall be made, as provided herein; in the per-
formanca,of functions by the Association under the prov sions
of this Declaration. Each of the PebbleWood Pines itaintenance
Funds shall include: (1) an Operating Fund for.curretit eX§ensds
of the Association, and (2) a Common Area Ftese`zYe Fund fox
replacements, painting,and repairs (which would not reason-
ably be expected to recur on an annual or less frequent
basis) of the: Common Area, Structural Maintenance Areas and
Landscape maintenance Areas Improvements and facilities to
the extent necessary under the provis;tons of this Declaration.
The Board of "Directors shall not commingle any amount de-
posited into any of the Pebblew'ood Pines Maintenance Funds with
amounts deposited into any other Pebbleweod Pines Maintenance
Fund.,
Section 2. Purpose of Annual Assessments.
The assessments levied by the r'.ssoc ati.on shall be usea'ex-'
elusively to promote the common health, safety, benefit,
recreation and welfare of the residents of the Dwelling Units
in the Properties and for the improvement and maintenance
of the common Area, Structural iaintenance Areas and Landscape
:,
Maintenance Areas as provided 'herein. However, disburse -
m nts from the Common Area Resoilve Fund shall be 'made by
="
the Board of Directors only for the specific purposes ,spa-
�
cified in this Article VI. Disbursements from the Operating
iv
Fund shall be made by the Board of Directors for such put-
{, poses as ate necessary for the discharge of its respon--
sibilitics herein for the cordon benefit of all of the Owners,
other than those purposes for .which disbursements from
the Common Area Reserve Fund are to ;be used. Ilothing in
f!
f
this Declaration shall be construed in such o wit' as to permit"
the Association to use any assessments to akwito any .nuisance'
or annoyance emanating from outside the bola>«(darics of the
Properties: Nothing contained herein shall lit.tit, preclude
or impair the establishment oz additional Pines
Maintenance Funds by -the Astac?.ation, .so lrrtg as the amounts
„ deposited into any such Fund are earmarked for specified
purposes authorized by this Declaration, The An�';ual Assess-
ments sha11''include, and the Association shall acquire and
". pay for out of the applicable funds derived froth said Annual
}; Assessments, the following, which shall be 'shared equally
by all owners:
(.a) 4fater, electrical, lighting and other
necessary utility services for the Commmon Area.
_
1
(b) Maintenance and repair of private
streets and' parking areas lying with the Common'
Area and private walkways lying within the Land-
j
scape Maintenance Areas.
(c) Landscape planting and maintenance
by the As»ociation of all ,iandscap.inr and planted
areas within the Comjron.-;Area and Landscapet'lain^
tenance` Areas, including irrigation and lighting,
(d) Painting, exterior maintenance and
minor repair and replacement ,as necessary of
the Structural Maintenance Areas
(e) Fire and casualty a.n3.trance, as pro-
N- vided herein, covering the full insurable re-,,
1 placement cost of the Common Area S cilitieS
and Dweiling Units, as applicable, with 6x-
tended coverage,
('i) Liability insurance, as provided
herein, insuring the Association against any
liability to the public or to any owner, their
�...
. .. invitees ortenants incident to their occupa-
tion, and use of the Common Areas, including
the Structural Maintenance Areas and tandscipe'
,l`laintenance Areas, with 'limits of liability to
be set by the Hoard of Directors of the Ass,o-
ciation, such limits and coverage to be reviewed
at least annually by the Association and increased
or decreased in its discretion. Such errors and,
ommissicns and Directors and Officers liability
- - insurance as the 'Board deems appropriate purusant
to Article CI11.
(g) Workers conpensation insurance to
'the e.ctent necessary to comply with any applic-
able haws, medical payments insurance, lic,Uor
liability insurance and any other insurance
deemed necessary by the Hoard of Directors Of
the association;
(h) Standard £fidelity bonds covering all
'
Members of the 96trd of birectors of the Asso-
lU.
ciation and other 'employees of the AIsociation
as and in an amount as determined by the Board
�=?
'. of Directoref but not less than t"+:o times the
sunt of the aklnual and special assessments of
;the Associa_,ion.
.�
IRJLbr. Rb1.3fON,
_.
gURN4 8 14tKI1TRICG
A LAW Comm -6 .%vo 1
P.
t
(i) Paintings maintenance, ropair and ! ,
replacement of a3,1 buildings, egUltMent,and
,andscaping, in, on and of the Corrumon Area
as the Board of Directors of the AntJociation
shall determine in necessary and proptir.
altnI
furniture, labor, serices,mainonace
, "
repairs, structural, alterationci insurance,
:." e h tl%.( A'3sociation
✓ is requiredms to seODeclarapay 'r'or, purauant"�c0
q ,
Declaration or by ala-,, air ,
which in the opinion of the Association's
Board of birectars shall be necessary or,
proper for the operation of the Common Area ,
Or for the enforcement of these rr,11`teictions.
Section 3. Damage to Common Area by Owners,
The foregoing maintenance, x6pairs or replacements w h n
the Co.:tmon Area, the Structural b1dintenance Areas, cr'
Landscape #aintenance Areas, arising out of or caused by ,.
the willful or negligent aot,;o_ the Ownero his family, '
guests, tenants or invitees shall be done at said Owner's
d
expense or, after Notice and Vea ins, a Special :assessment
therefor shall'be made by the Board against his Lot.
section 4. Basis of#ax%,Aft Wal Assessment,
Until the rzrst day of t'he elstal year i.:;.:tea ately follow-
ing the conversance of the first improved Lot in the Proper-
ties ton owner the maximum Annual Assessment -undezi Article V1
shall be' the atrotnt set forth in the Final Subdivision Pfib
lic Rep �kt for the Properties.
l� (a;) Froin and awter the first day of ttt�
the fiscal year imheciately following the � fs
conveyance of the firs "t improved Lot to
an Owner, the lmaximt= Annual Assessment #
i', nay be increased bythe Board above the
' ma:cimum Annual AsseSpment for the prey ,ions
�. f"scal.yeari Without the vote of the
bership and effective no sooner than the
first day of the fiscal year, in an atcaunt_
no more than the ateat(:r'of. (1); ten percent
(`108), or (2) the percentage by which. the
Oi S. "Bureau of Labor Statistics, San rr-ancis-
cc Oakland Arca, Consumer Price lnde<,for all
urban consumers (11CPI11), has increased as of the
date of the,increate over the level of said in-
dei as of the 'date the moximu.-i annual Assessment
was last established.
(b) From and rafter the first day Of
the fiscal year irmmcdiately following ,.he
conveyance of the first improved Lotto
„ an Owner, the makimum Annual Assessment k
may be iticzeased above the greater of (1) "
ten percent (101), ,or (2) said percentage ..,
by which the Cn has so "increased, by =
elle vote or written consent of •#embe`rs r� +
r' representing at least fifty-one percent
(513) of both the Class.A and Class k) #
voting pgver. �.
x'
-12-
ma
a ,
z,
til -- _ -.. -�_ _----^--•-_ �--....
*
(c) The tioatd of Directors may fix
sy
an annual assessment at an amount not in
excess of the maximum.
Section 5. Canit?1 improvement tind
taxon Assessmentsi in addition to the m AnnuAssessments
S\
authori:zed above, the Association may lovy, in any atoess-
hent ,year, a Capital Tmprovoment or Reconst%uction Asat0S-
Ment applicable to that year only for the purpose of defray-
ing, in whole 'or in part, the cost of any construction,-,
reconstruction; repair or replacement of a�;capital improve-
ment upon the Common Area, including fixtures and personal
property related thereto; and for other evitraotdinary put-
poses; provided that whenever the aggregate capital Improve-
hent Assessments in any fiscal year exceed rive percent '(53)
of the budgeted gross expenses of the Association for that
fiscal year, such excess shall require the Mote or written
. (r
assent of ti)�mbers representing fa.fty-onQ' percent (51%) of
the Voting po'der of each class o`f membership,
Section 6.. Notice and Cuoxum for any, Action
ttt
Authorized Under sections y and 5, Written notice or any
meeting, called for ItEd purpose or to}:ing any action by the
-
Members authorized under Sections A and S shall be sent to
all Members not less than thirty (30) days, nor Wore than
sixty (60) days, in bdvande of the meeting: At such meeting
called, the presence of Members or�of proxies entitled to
cast fifty-ore percent (511) of all votes or each class of
membership shall constitute a quorum.
Section 7. Un form Rate of Assessment. Annual
Assessments, Capital Improvement Assessments andReccnstruc-
tion Assessments provided for in this Article VI must.,be
fixed at a uniform nate for all Lots within the Properties;
provided, however; that the Association may, subject to the
provisions of Section 3 of this Article, levy Special Assess-
merits anainst selected Owners Who halae caused the Associa-
tion to no-Ur special expenses due to willful or negligent
of said otiinersj(thear'lguests or agent. ,All installments
.
acts
Annual Assessmentis shall-Iie"collected in advance on a
regular basis by the Board of Directors, at such frequency
as the Board shall determine ftoni,,,,time to time.
Section 8. Date of Corwnencdment of Annual
Assessments: Due Date. The Annual Assessments provided for
�<
Herein shall cc,-rence as to all Lots on the first day of the
month following close of escrow for the sale of the first
Lot pursuant to a Final Subdivision ublic Report for t;e
properties issued by the California'Departrtent of Real Estate.
The first AnAUal assessment "shall be adjusted according to
the number of months remaining in the fiscal year as ser
forth in the By-Laws, The Board of Directors shall fix the
amount of the Annual Assessment aginst each Lot at least
thirty (30) days in advance of each Annual Assessment period.
Written notice of the Annual. Assessment shall be sent to
every Ownor subject thereto. The due dates shall be estab-
lished by the Board of.Ditectorsi The Association shall,
upon demand, and for a reasonable charge, furnish a certifi-
date signed by an officer or agent of the Association, set-
T
ting forth whether the assessments on a specified Lot have
(SO
CC)
t _13-
been paid. A properly executed certificate Of the Associa-
tion as to the status of assessments against, a Lot is bind-
ing upon the Association as of the date of if*issuance.4
T• fotvYithstanding any other provisl()n of this Declar=
ation, until (1) a notice. of completion of a Dwelling Unit`
I
as been recordedl (2) or one 'hundred twenty (120) days from
the date of issuance of a building permit :for the Dwelling
Unit, whichever occurs first, each Owner(including Declar-
ant) o£ a Dwelling Unit shall be e,:empt from paying •that
portion of any Common Assessment which is for the purpose
or paying expenses and reserves directly attributable to
the existence and use of the DWel2ing Unit.
The Board of Directors shall dalxse to be „prepared
an annual balance sheet and operating statement reflecting
income and expenditures of the Association for each fiscal
S
year; including 4eposits in and withdrawal's from the Common
Area Reserve t"pnd and :the Operating Fund, and Shall cause to
y be distributed` a copy of each such sts.temen tb each Member,
and to each fii:st Mortgagee who has filed ,a written request
for copies of the same withlthe Board of Directors, in the
manner provided in the By -Laws of the Association. At least
sixty (60) days prior to the beninni.nq of each fiscal year,
the Board of Virectors,shall prepare and distribute for the
approval of, the membership of the Association, a Written,
itemi2ed estimate (budget) of the expenses to be incurred
by the A986cJation during such year in performing its func-
tions uneer ,,this Declaration (including a reasonable provi-
sion fox contingencies and deposits into the Common Area Fe-
serveFund r"..Less any expectdd i come and accounting for any
surplus '6r. n the prior ye'ar's respective Pebblewood Pines
MaintenaAde Fund,
Each Annual Assessment shall constitute an aggre=
gate of separate assessments for each of the Pebblewood Pines
maintenance Funds, reflecting an, itemization of the amounts
assessed and 'attributable to prospective deposits into the
Common Area Reserve Puna, the Operating Fund and any other
Pebblewood Pines Maintenance Fund established by the Association.
Xf the estimated sums prove inadequate for any reasonr in -
c7
eluding nonpayment of any Owner's eAnnual „Assessment, the As"
sociation Mayr at any time, levy further Annual Pssesstlentsf
subject to the provisions of Section 4 of this Article, for any
of the Pebblewood Pines Maintenance Funds Whidh.,shall be as -
tested equally against the Owner of each Lot in the Proper-
ties,
Each installment of an Annual Assessment may be paid
by the 'Owner to the Association in one check or payment or in
separate checks, as payments attributabid to deposits into
specified Pebblewood Pines tdaintenance Funds, in the event that
any installment of an Annual Assessment payment is 'less than
the amount assessed enol the pak,,,ent ;does not specify the Pebble-
Wood Pines Maintenance, Fund or Funds into which it should be de-
posited, the receipt by the Association from that Owner shall
,7t
be credited in order of priority first to the Operatingjnd
until that portion'of the Annual Assessment has been " s'�tisfied, iU
and second to the Common Area :Reserve Fund': i�10
C^
AF
�T
AVti..
-14-
rut or. NPISTaN�
e.. . . ...r �..
OURNf 4'.MrK117NICK
.. • Lww eaNwe.TidM -.. - r
awn '.w,.��—•—'=--.�-:.-+-, w,.. ,+.s-........... •
At the end of any fiscal year Of the An5ociation,
the Owners may determine that all excess funds roritaining in
the Operating 'Fund over and above the amounts used for the;-,
operation of the Properties, may be returnedd to the Members
proportionately, or may be retained by the Association and
used to reduce the following year's annual abnessr,.ents. Upon
dissolution of the Association incident to the abandonment or
termination of the Pebblewood pines Project, any amounts remain-
ing in any of the Pebblewood Pines Funds shall be distributed
proportionately to or for 'the benefit of the Plumbers as pro-
vided in. this ReclaraVIon.
Section 9. Exempt Property. The following
property su jec� t to this Declaration shall be ekempt from
the assessments hetein:
(a)_ All Properties dedicated to and "
accepted by alocal public authority; and
(b) The Common Area,
AhTICLE VI.I
EVFUCT OF NON-PAV-1MIT OF nS5ES92l tiTS
MoLvDIES OF V48 ASSOCIyTIO,l
..
Section 1. Effect o£ Pion-Pavr,:ent of Assessments:
Remedies of the Association. Any instal ment at an Annual
�s
Assessment, Capital Improvement Assessment, Spacial Assessment
"
" or Reconstruction Assessment not paid within. thirty (30) days
after the duedateshall bear interest from the clue date at
{� the rate of ten percent (1;0%) per annum. The Association may
t aging an action At, law against the Owner personally obligated to
p'ay'the same or foreclose the lien against the property. *No
Owner, may waive 'or otherwise escape liability for the assess-
ments provided for herein ,by nonuse of the Common Area or
abandonment 0` his Lot. If any installment of an Annual Assess-
ment is not pilid within thirty (30) days after its due date, the
Hoard may maii`an acceleration notice to the Owner and to each
first Mortgagee of a Lot which has requesteda copy of the
r"r
notice. The notice shall specify (1)f the fact that the install-
ment is delinquent, (2) the action required to cure the default,
(3) a date, not less than thirty (30) days from the date the
notice is mailed, to the Owner, b,� which such default trust be
cured, and (4) that failure .*�o cure the default on or before
the date specified'it the'nriaice maY result .in acceleration
of the balance oftheinstallirents of the Annual Assessment for
the then current fiscal year and sale of the ,Lot.` The notice
shall further inform the owner of his right to cute after
acceleration and to bring a court defense of the Owner to
acceleration and sale, if the delinquent installments of Annual
A's'sessments and any charges thereon are not paid 'in full on or
before the date specified in the notice, the Boardatits
option may declare all of the unpaid balance of th`,' Annual
Assessment to be immediately due and ,payable without further demand.
and may enforce the collection of the full :AnnualAssessment And
all charges thereon in any manner authorized by law and! -this
Declaration, subject to the protection afforded Mortgagees.
ry
4.
r
_
Futar, n-��srnrr, �
a�;tITA1CK. '
""'�"'" ,.....+r
Mn..., , .. �� . .; _, ,sa. ,:.a-.0 r+�x,m romwL....ri:Lr, a-.�' r�avwK�+ ,�Afaw,+a4si++'. iM nr� �'�Y*+f+►wf
I
t
Suction 2., Notice of AsseSSIMOni'c`. r -c ac,tiost
shall be b�.�uuc�h.t to ;said assessment J 1e11 or to pro -
coed udder the power of sale herein praviaod3, 0 s than thirty
(30) days after the date a Notice of Asloonnt^ is deposited
in the United States Mail, certiiiod or raglotered, postage
:prepaid, to the owner of said Lot, and a Copy thereof is re-
corded by the Association in the Office of tIAO County,Recordat
in which the Properties are located; said T4ol>ico of Assessment
must
recite a good and sufficient legal deac,'tiption of any such
.:
Lot, the record Owner or reputed Owner thereor;t the mount
claimed (which may at the Association's oL'tion include it-terest
on the unpaid assessment at ten percent (10t)) plus reasonable
attorneys': fees and expenses of collection in connect,.an with
the debt secured by said lien), and the name and addtess or
;
the claimant. Such Notice of :Assessment Shall be signed and
acknowledged by an officer of the Association, and said lien
shall be prior to any declaration of homVt egad recorded after
the date on which this Declaration is recorded. The lien
�
Shall continue until fully paid or otherwise satisfied.
Section 3. Foreclosure Sale. Any such sale
provided for above is to be conducted bT the Board of
Directors, its attorney or other persons authotited by the
Board, in accordance with the provisions of Section 2924,
2924a, 292.4b and 2924c of the civil Code of the State, of
California, appl,icable to the es:ercise of, powers ofasale in
emi.tt6d
mortgages and deeds of trust, or in any other msnnor pr
by law. 'Phe Association, through duly authorized agents,
shall have the power to bid on the Lot at £oreolosure sale,
1 q a� Mortgage y e sar„e. � .:and to acquire and hold.,. leas_ mort a e and convey th
Section 4. Curing of Default. upon the
' curing of any default for ih ch a Notice of Assessment was
filed by the Association, the officers thereof are hereby
authorized to record an appropriate Release of Lien, upon
payment by the defaulting Owner of a reasonable fee, to be
determined by the Associationt but not to okoeed Fifty Dollars
($50.00) to cove4 the `cost of preparing and recording such re-
e-lease,
lease,,
Section 5. Cumulative Remedies. The assessment
i
i�
alien and the rkg"-his to foreclosure and sale -thereunder shall
be in addition to and not in substitution for all other rights
And, remedies which the Association and its assigns may have
hereunder and by laws including a suit to recover^ a money
judgment for unpaid assessments, as above provided
Section 6. Mortoaae Protectioh'. Notwithstanding'
X11 other provisions hereor, no leen createT under this Article
viz; nor any breach of this Declaration, nor the enforcement
of any provisions hereof shall defeat or render invalid the
rights of the Beneficiary under any racorddd first Deed of
Trust (meaning any. dced of trust with first priority over
other deeds of trust) upon a Lot made in good faith and for
value;" provided that after such Beneficiary or Some other Person
obtains title to such Lot by; judicial forociosufre or by means of
the powers set forth in such Geed of Trust, such Lot shall to -
main subject to the Declaration and the payment of all install'
�„
Monts of assossments accruing subsequent to the date siach
Beneficiary or other Person obtains titlo.
rti
4
k
1.w '16-
aUnNO a MeklTtRiCK
. 9 UW Cc -o .4T1$N
suction 1. Members of Cor,-,{it,"t(sa. The Archi-
tedtural Cdttun7 Ctee,sometimes rete=ea to n Chis Declaration
as the 11committee", shall consist of three ("')',embers. The
initial members of the Committee shall be appointed by
Declarant, whose business address is Route 1 nu;: �Jg, Road P
at 25, Orland, California 95963. Subject to the following
provisions, Declarant shall have the right and power at
all. times to appoint and remove a majority of the members
of Committee or to „ ' f such majority
unt].ethe turnovpz date" which shall be the,date an which
i acatcyc
either (!),ninety percent {90&.)"' of the Lots subject to this
Declaration have been sold and the deeds recorded ("close of
escrow"), or (2) five (5) years following the date of
issuance of the rinal subdivision Public Report for the
Properties,, whichever occurs earlier, co..mencing one (1) year
from the date of close of escrow for the sale of the first Lot
in the Properties to a purchaser (other than a Developer)
from Declarant, the Board shall have the power to appoint one (1)
member to the Comtniittee, until the turnover date. 7.'hereafter,
the Board shall have the power to appoint and remove all of,;
�q� the members of the Committee. Persons appointed to the Com-
mittee by the Board shall be from the membership of the Asso-
ciation, but Persons appointed to the Committee by,Declarant
need not be Members of the Association:. The committee shall
have the right and duty to promulgate reasonable standards
against Which to examine any request made pursuant, to this
Article, .in order to ensure"that the proposed plans conform
harmoniously to the exterior desJ`cn and existing materials
of the buildings in the Properties. The Corwittee may designate
and appoint a representative Who is a licensed architect and
a majoriby of the members o said Coniittse may, from time to
time, remove -or replace such representative: The designated
representative of the Com,.mittee May bey but need not be, ,_a
member of,the Committee. Such representative must be con-
sulted prior to disapproval of dny plans by the Committee, but
the decision of the Committee with respect to the approval or
disapproval thereof shall be final.
Al
Section 2 Rpview_lof Plans and specifications.
The Committees al consider -and act upon any and all plans
and specifications submitted.for its approval under this
Declaration and perform such other duties as.from time to
time shall be assigned to it by the Board, including the
inspection of construe»ion'i.n progress to assure its con£oxm-
once with plans approved by the committee. No construction
alteration, addition,, modizication, decoration, redecoration
or reconstruction of an Improvement in the Properties shall
be commenced or maintained, until the plans and specifications
therefore showing the nature, kind, shape, height, width,
color, materials and 'location of the sane shall have been sub-
mitted to the Committer and approved in writing by the Committee. f
The address for submission of such plans and specifications !f'
shall be the. address of the principal place of business of
the Associations as Further provided in the Eby -Laws. The
Committee shall approve plans and specifications submitted,for,
its approval only if it deems that the construction, alters- t�.y
tions or additions contemplated thereby :n the locations
f yC'
p,. -17-
►'UIOY'. p6l.FiTON. - .
HU"N6 6 iicKITTRICK
A 1dw eon!roeAtlar.
tl ,
rr'
n
indicated will "not be detrime,llzta.l to the a(xpoarance of the' sur-
rounding area of the. Propert
ids as a whop:, that the ap earl
ance,of any struchure affected thereby will be in harmony
with the, surrounding structs,res, and that (rho construction
thereof ;�l--ill not detract fr6m the beauty, whblesomeness and
attractiveness of the CotC.a ?rea or the nhjoyment ` thereof by
the Members, and that the°)nkeep and maint(rnahce thereof will"
not become a burden on uhe/',Assa;iation. The Commit;-ee may
condition its approval of proposals or plan, and specification
for any Improvement (1) 0C such changes thoroin as it deeps a
appropriate, (2) upon tby the person (
hellagreement referred
to in this Section 2 as "applicant") submitting the same to
grant appropriate easement's to the Association for the maintenance
of the :improvement, Or (3)' upon the agreement of the applicant
to reimburse the Association for the cost of such maintenance,
or all three, and may require submission of additional plans and
specifications or other information prior to approving or o
disapproving material submitted-, The Committee may also issue
rules or guidelines settin" forth procedures for the sub-
mission of plans for approval, requiring a fee payable to the
Association to acompany each application for approval, or
additional factors which it Will take into consideration in
reviewing submissions. The Committee may provide that the
amount of such fee.shall be uniform, or that it be deters -red
in -any other reasonable manner, such as by the reasonable cost
Of the construction, alterations or addition; contemplated.
,,The Cor_,ittee may require such detail in plans and specifica
tions submitted for its review as it deems proper, including,
without limitations floor plans, site plans, drhinage plans,
elevation drawings and descriptions or sairples of dxterior
material and colors.. Decisions of the Committee and the rea
suns therefor, shall be transmitted by the Committee to the
applicant at the address set forth in thy: application for
approval,, within thirty (30) Gays after receipt by the Com-
mittee of all materials required by the Committee. Any ap-
plication submitted pursuant to this Section 2 shall be de�tPc?,.,
approved, unless written disapproval or a request for additional
information or materials by, the Committee shall have been trans-
mitted to the applicant within thirty 00) days after"uhe date .
of receipt by the .Committee of such application of additional
information.
Section 3.- Meetings of the ,Committee. The Com;
mittee shall meet from time to time as necessary,to perfor:t
its duties hereunder. The committee may from time to tine,
by resolution unanimously adopted in Writing, designate a
Committee Representative (who may, but nerd 'not, 'be one of
its members) to take any action tr perform any duties for
and on behalf of the 'Committee, e:,cept the granting of var-
iances pursuant to Section 8 o'= this r;rticle VIII. In the
absence of such designation, the vote of any two (2) members
of the Committee taken without a meeting, shall constitute
an act of the Committee.,
Section 4. No Waiver of. Future Abnrovals. The
approval of the Cor..-ijittee to any, proposals or plans ,en spe-
s
` drawings for any work: done or proposed or in
connectionwith any other matter requiring the approval and
consent of the Committee, shall not be deemed to constitute ,
a waiver of any right to withhold approval or consent as to
,
OUNNq b MCK T1'RICk '.
.r.
a n .. M ry-: .. ... -•. ,
y
a1 „ N, jj.>
c
any :similar proposals,, plans and specificatiOna, drawings
or matter whatever subsequently or additionally submitted
for approval or consent.
Section 5, Cou'''p nsation of td�na7br rs. The mem-
bers of the Commitee shall „ a Ye no con p6hsa.cion for ser -
'Vices rendered, other +than se;L:wu ',irsement for, o::penses incurred .
by them in the performance of their dutico,, horounder. #
Section, 6. Correction of Defects. Ynspection
of work and correction of aeLects therein p1jall proceed as0
follows• }
(a) The Committee or its duly author-
ized representative may at any time inspect
any improvement for which approval of plans
is required under this Article V117., provid-
ed, however, that the�tommittee's right of
inspection of improvements for which plans
have been submitted and approved siall,^ter•
minate sixty (60) days after such' -work of
Improvement shall have been completed and !'
- the respect ive Owner shall have given wrt-
'" ten notice to the Committee of such comple-
tion. The Co,,ittee's right of inspection
shall not terminate pursuant to this para-
\` graph in the event plans for the viork of
Improvement have not previously been subs
mitted to and approved by the Committees
if, as a result of such inspection, the'
Committee finds that such Improvement was
done without obtainingapproval of the plans
f therefor or was not done in substantial
compliance with the plans approved by the
r•:
Committee,it shall notify the owner in
writing of failure to comply with this
.Article v11l within sixty (6'0) days from
the inspection, 'specifying the particulars
of noncompliance. The Conunittee'shall have
the authority to require the Owner to take
such action as may be necessary to remedy
the noncompliance.
(b) ift�ipon the expiration of sikty
(60) days from the date of such notification,
the owner shall have failedto remedy Much
noncompliance, the Committee shall notify
the Board in writing of such failure. Upon
notice and hearing, as provided in the By -
Laws, the Board shall determine whether there
is a' noncompliance and, if so, the nature
thereof and the estimated cost of;"corre.ct-
ing or removing the same, If a noncompli-
ance'exists, the owner shall remedy or
remove the same within a period of not more �1
than forty-five (45) .days from the date that »
notice of 'the Board ruling is given to the ,
owner, if. the Owner does not comply with
the;f3card ruling within such period, ,the
Board, at ;its option, may record; a notij,1.e i 'r
,
-lg-
«<•
ruL,oahgLSToM,
., aunr+e a M;KI7TY:ICK
..A LAW 0011+411ATIOM �. .
of the covenants', conditions and restrictions Contained in
this Declaration shall be deemed to have occut;r•ct] with respect
"
to the matter for which the Variance was gran Lod. The grant-
ing of such a variance shall not operate to wlive any of the
terms and provisions of this Declaration .for any purpose
except,as to tho particular property and particular provision
hereof covered by the variance, nor shall it affect in any
way the Owner's obligation to comply with all go arum„„ental
laws and regulations affecting his use of the premises, in.;
eluding but not limited to zoning ordinances,ond lot set-back
lines or requirements imposed by any governmental or municipal
authority.
ARTICLE IX
MAINTENIMCE AND REPAIR OBLIGATIONS
Section 1. Maintenance Obligations of Owners.
�14
Subject to the duty of the Associatlon to prov;> a For main-”
tenance as provided in Article IX, section 2 of this Declar-
ationi it shall be the duty of each Owner, at his sole cost
and expense, subject to the provisions of this peclazation
regarding Architectural Committee approval, to maintain, t
repair, replace and restore areas subject'to'his exclusive \.
control, in a neat, sanitary and attractive ,cpondiition, sub-
ject to the approval of the Association. Arcan subject to
the exclusive control of an Owner shall be dc<;rned to include,
but not be limited to, the interior and all glass portions
of the Owner's Dwelling Unit and the landscaping and yard
j
r'.
areas (with the exception of the Landscape M41htenance Areas)
on that individual Owner's Lot, if any portion of the Common j
Area has been included within the fenced patio or yard area of
an' Owner, said Owner shall maintain the Common Area so in-
::clusjed as if it Caere a part of his Lot, and an easemsnt for
sl}ch.encroachment shall exist as provided in Artic?e XV,
Section S. Upon the failure of said Owner to maintain 'and re-
pair areas subject to his exclusive 'Vontrol, the Architectural
Committee shall have the right, but not the dut,` to maker such
repairs or to perform such maintenance, and th4 cost thereof
shall'be,charged to the,Owner. Said cost sha,7A be a Separate
Assessment and shall create a lien enforce�ah6e in the same
manner as other assessments as set forth n this Declaration.
Section 2. Maintenance Obligal�3ons of Associ-
ation. rio' imp-%overlent, eXcava,t on or wotY whaxh,;in any way
alters the Common Area, the Landscape Maintenahc-0
from their existing
Areas or the Structural Maintenance Areas
state on the data any`s'uch area is conveyed by beclatant to
th'a Association or a purchaser of a Lot shall beit,ade or
done by any person other than the Association or its author-
ized agents. Subject to th�,,provisions of Section l of this
Article, the Association shall maintain,- Or provide for the
maintenance of all of the common Area and all improvements
;
thc.'eon, including recreational facilities and private streets
and parking areas, in good order and repair, and shall likewise
provide for, the painting, exterior maintenance` and minor rP-
pair and replacement as necessary for the Structural Maintenance
Areas, commonly metered utilities, and t'he'jint2rior and exterior
the Common Area ea facilities and Buildings. The Association
i
'hall also be responsible for the maintenance and replacement of
trees, shrubs, vegetation, walkways, irrigation systems and
t9ther landscaping improvements -located on the Landscape Main- .
tenance Areas, With theexception of the Landscape Flain-
L
tenance Areasieach owner shall maintain, repair and replace
the landscaping located on his individual Lot as provided in
Section 1 hereof. All of the foregoing obligations of the -
Association shall be dis4"urged when and in strch'manner,as the
fY ����{ .�,•,'3
Board of Diredtors of the' Assc�ciatcn shall determine in ,their
*; ,K
judgment to be appropriate
moor AoUITON. r u
'AHAW GO�A'^q RAYION V�.'
i,
section 3. Damace and Destruction Atfc¢t-ing
-'
Lots - 'Dut; to�" Rebuild. % If all or any porion 01: any
ry
Lot or Dwelling Unrt is ,damaged or destroyed by Vire or;
other casualty, it shall be the duty of the Ownor�.af said
otorD (selling Unit to rebuild] repair or recOh04-ruct 'said
„
p ents in a manner which will restore them substantially
Improvements
rovem
to tk;eir appearalvice and condition immediately p 7;iot to the
that if the Associa4ion is 'main-
casualty; prcvi,dij�i,.however,
tai'ning a blanket po]�c}• of casualty insurance in accordance
with Article XIT ofd this Declaration,i 1:hen it shall be the
duty 04, tl pAssc�ci: tion to make such repairs.
Section A. variance in Exterior,Aricearances
r.
and Design. riny Owner who has sur e�amage may apply
!1
for approval to the Architectural Committee for reconstruc-
tion, rebuilding or repair of his Dwelling Unit in a manner
which will provide for an exterior appearance and design 0
diffcrent,•from that which existed prior'to the date of the
casualty. Application for such approval shall be'made in
writing in accordance with Article VIII hereof i,=
Sections: Time L�imitatlo-n. The owner or (l 1
Owners of anyamaced Lot or Dwelling Unit,;•"the Assoeiatian and
"
the Architectural Committee shall be -obligated to 'proceed with
all due diligence hereunder, and the responsible party shall
commence reconstruction within six (6) months after the dam-
age occurs and complete reconstruction within one (1) year
i o
after damage occurs,,unless pre'v8hted by causes beyond their
reasonable control':
s ARTICLE ,X
('l USE RESTRICTIONS
The Pxoptrties shah be occupied and used subject
a.
to the following limitations and restrictions, subject to
the exemptions of Declarant in Section 11 hereof;`
sec`tion•E1. Single Family Residence. subject
to Section 3 of th s Article X, eaon Lot shall be'used ;as
a residence for a, single family and for no other purpose.
Section 2, Business or Commercial-.Act�zvitV.
Subject to Section 3 of this Art1.c a Xj no pant of the Prop-
crties shall ever be used or caused to be 'iisedN;or allowed
or authorized in any way-, directly or irid9rectl}'� for any
:7
business, commercial, manufacturing, mercantile, storing,
vending or other such nonresidential purposes; eXgept Decl'ar=
ant, its successors or assigns, may use the Properties for
a modes' home site, nd display and sales office during the '
a
construction and sales period in accordance with Article II,
Section l(i) of this Declaration, and excepting professional'
and administrative occupations without external evidence
thereof, for so long as such occupations are mekcl'y incidental
to the use of the Dwelling Unit as a residential home.
Section 3. Nuisances. No noXiou5-or offensive
activity (includabut not 1>mxte to the repair of motor
.�
vehicles) • shall be carried on, in or upon anyp,Lot or, the
Common Area, nor' shall any be done therein Which may
rN�
be or become an unroasonable annoyance or a nuisance to any
IN"
other O,,rmerNo loud noises, including but hot limited to
excessive barking of, dogs or playing of musiL: sy,stems,:;or
permitted t. I e
noxious odors shall be trmrt�ec on the Properties and th -
Y=
C-
a ,�
"
FULW...RbL6TON. .
PUtw! 7Y MaKITTRIcK
LAW ao-10ct.Ailbd
• lift
Board of Directors shall have the right to det,rlrmine in a;cordance
with the By -taws if any noise, odor or activil.,r or the source
producing such noise, odor or activity conzt`,4 Ltil cs a nuisat c:e,
Without limiting the generality of any of tho foregoing provi-
sions, no exterior speakers, horns, whist:l.es,'kells or other
sound devices (other than security devices UN01 etclusively
for security purposes), noisy or smokey vehiclUs, large power
tools, unlicensed off-road motor
{
equipment or large power
vehicles or other items which may unreasonably interfere with
television or radio reception of any Owner in the Properties,
shall beAocated,:.used or placed on any portion. of the Properties,
or exposed to the view of other Owners without the prior
"
written approval of the Architectural Cot;ilJ ttee.
Sectio A, S' ns.. No sign, poster, display,
billboard or other advertising device of any kind shall Jae
displayed to the piublic view on any portion of the Properties
or any Lot, 'without the prior written consent of the Archi-
tectural Committee except
iOne
more than inches (1V) byfor .Unit,
n)t
(3�of
11 i j"
advertising property for sale or rant, or, except
I
(`y
signs, regardless of sire, used by beclaranti its successors
or assigns, to advertiselthe Properties during construction
c'xand sale ,period,
„ Section S. Parking and Vehicular ?restrictions.
No Owner 01 a Lot 'shall par}:, store or 'reeP. any vehicle ex-
cept wholly within a parking area designated 4harefor: To
the extent of the maximum design6d parking space, all vehicles
owned, operated or controlled by an Owner shall be parked
within such Owner's enclosed >garage,. No Owner shall pari:,
store or keep on Any property or street (public or private)
a
within the Properties any large commiercialtype vehicle
(dump truck, cement -miser truck, OiA or gas true:: or delivery
truck oz any trunk which excaeds three -quarte (3/4) ton),
any recreational vehicle (camper unit, hoose car, motor, home)
r.
bus, trailer, trailer coach, camp trailer, beat, aircraft,
,'mobile home, inoperable vehicle or any other.Vehicular
be e b
equipment, mobile orathervise ,deamed,to anaisancy
the $Gard,. except wholly within a fully enclosed garage,
and then :5nly to the extent that the garage space so occupied
is not required by such owner to accommodate ills passenger
vehicles. No owner of a Lot, shall conduct major repairs or
major restorations of any motor Vehicle, boat, trailer,
`Lot
aircraft-, or other vehicle uponany portion of any or
upon the Common Area, except wto11Y within the Owneris garage,
and then only when the garage door is closed; provided, ho41-
ever,"that such activity shall at no time be permitted if
it is determined by the SoarA or its agent to be a nuisance.
Garage doors shall remain closed except for reasonable periods
while the garages are being used. Garages shall be used for
garage purposes only, and shall not be con"Jetted to other tises-,;
Section 6. Animal Restrietitns. .:o animals,
livestock,re-`� pti%s or you try or any x d shall be rdised,
bred or kept on ,any Lot or the Common Area, except usual
and ordinary dogs, cats, fish, birds and other household
pets may be on Lots subject to rules and regulations
,kept
adopted by ;the Association, provided that they are not kept,
bred or maintained for commercial purpf;ses ar in unreasohable
m
.,,
quantities. As used in this Decliaratior.,, "unrea'sbnable quan-
€
titia$0 shall ordinarily mean mote 'than two (2) pets per
household, provided, however, that the Association (or the
ArchiEectural Committee or such,,dther person or entity as
CSI
-..-w..,.u..,Lr,w.;..,,,
..., .,�..i...• .r.
NI.CP, ROIJRO%
OURNS A MCKITTRIck
,....
♦ UW C6100KATiON n
t
the Association may fxom time; co time designatr.�j may determine
A
that a reasonable number, in c; -V instance may GC: rare Or less.
The Association# acting-�hrough the Board of Diroators, shall
have the right to prohibit maintenance of any animal which
constitutes, in the opinion of the ,Board, a rn,ti-,ance to any
other Owner. Animalsbelonging to Owners, or„CX ants oz
their Licensees, tenants or invitees within Uv,- Properties
"y
must be either kept within an enclosure, an or,,Aosed yard or
on a leash being held by a person capable of #unit -rolling
the animal. The enclosure must be so maint+ainr�d that the
animal cannot escape therefrom and shall betrbjrct to the
approval of the Architectural CoiWrittee. Should any animal
belonging to an Owner be round unattended out of the enclo-
sure and not being held on a leash by a person capable of
controlling the animal; such animal may be removed by any
Member oz the association to a pound under the Jurisdiction
of the public entity having jurisdiction aria. subject to the;
laws.,and rules governing said pound, or to 4 comparable
Owner he zbsolutely
animal shelter. Furthermore, any shall
liable to each and all remaining Owners, their families,
guests, tenants and invitees, for any unreasonable noise
or :damage to person or property caused by any animals brought
or kept upon the Properties by an Owner or by me.-nbers of his
family, his tenants or his guests; and it shall be the abso-
lute du=ty and responsibility of each such ownoe to clean up
after such animals which have used, -,any portion of the' Common
�
Area
No rubbish, trash or
Section 7. Trash. garbage
or other waste r„ate# `al s ani 1J. be kept or permittedupon any
,?
Lot or Common Areal' except in sanitary containers located
in areas screened and concealed from vieldi'In no
event shall such containers be maintained so as to be visible
from Common Area or any neighhoring Lot. There shall be no
exterior fires whatsoever except barbecue fires contained
within receptacles therefor and ,,:ire pits designed in such a
manner that they do not create a fire hazard. ;10
clothing or household fabrics shall be hung, dried or aired
_
in such a way in the Properties as to be visible to other
.property, and no lumber, grass, shrub or "tren clippings or .
~plant waste, metals, bulk material or .scrap or refuse or trash
shall be stored or allowed to accumulate on any portion
;
,kept,
of the Properties except within an enclosed structure or ap-
propriately screened from view; tto weeds, diseased plants
or seeds infected with noxious insects or plan diseases
shall be grown; placed or•po=itted to accumulate upon, any -
Lot which, in the opinion of the Axchitectural C'oresnittee,
renders any such Lot unreasonably unsanitary; unsightly,
offensive or detrimental to any Lot in the v'ci-nity thereof.'
in the event of the failure of an owner to cr^ply with any
of the requirements of this Section, the Association, acb,ing
through its authorized agents, shall have the right, after
notice and hearing, to enter upon such C'Iwner's Lot and id,
move all such weeds, plants, rubbish,. debris, objects or,
material's and do all things necessary to place such Lot anci
the
any improvement thereon into compliance with requirements”
Of this section. Any expenses in connection with;, such entryi
removal and activity shall be reimbursed to the Association}
as a Special Assessment which shall become a lien upon the
Lot of the offending owner, as provided in Article VII of
this Declaration.
ti
—�4"
-...ww,+.•...++.++:^
';
rULON, ROLSTON. f�
VURNd i Hd Ki TTNICK ;;;
Ee
A. MW eo'i�roK•Ttgti _ r ,i
_, P
C.
Section _8. view Obstructions, iIo fence, hedge,
~rail or other di viding instrw-tantalty over t;iy feet (b' )
in height measured fron the ground On which it stands shall'
I
be constructed or maintained on any Lot eYcr+GIL as Declarant:
may vary or exceed said ,height or location or; any .fence in
accordance with its architectural plans.
Section 9, Temoorary tuildinrlf„ Fio outbuilding;
basement, Cent, smack, shed or other tempmpordry builaing or.
Improvement of any kind shall. he placed upon uny portion of
the Properties either temporzrily or permanently. i'io garage,
trailer, camper,motor home or recreation vehicle shall be
used•a,s a residence in the Properties, either temporarily
or permanently:
section 10. Coranon Area Facilities: nothing
shall be altered or cops trucuea:ill or rercovrr From the Conmon
Area or Landscape 7,taintenance Areas,,eticep upon the writnen
consent a£ the Association.
section 11r'Declarant xemption. Declarant
or its successors or assigns will underzake the work of
constructing Dwelling Units and developing a11 of the Tots
nc ud ed within the properties, The ccmplaLlon of that work
anc9 saki- rental and other disposal cw Oeel.ling units "1s
essential to the establishment and we�,fare of the ProperCi'es
d i this Section and its
as a residential corLmrunity. As uses
subparagraphs, t1Ae words "its successors or assigns" spec--
r,
fically do not include purchasers of Lots improved with cram-
pleted Dwelling Units. Subject to the express provisions of
Article Ii,, Section 1(?.) of this Declaration, in, order that
said work may be completed and the Properties be established
as ? fully occupied residential cbmmun-ity as rapidly as pos-
sible, nothing in this Declaration shall be understood or con-"
strued to.
(a) Prevent Declarant, its successors or
sub -
assigns, or its or their contractors or sub-
'
contractars, from doing on any Lot owned by,
them whatever they determine to be necessary
or advisable in connection with the completion
of said work, including without limitation, the
alteration of construction plans and designs
as Declarant 'deems advisable in the course of
developrient or
(b), Prevent,beclarant, .its successors,'
r''' :• "
abs- ns, or representatives, froil n erecting,
constructing and maintaining Oh'? any Lot, or
portion thereof, oc,ned oil contz Jed by
Declarant, or its successors or assigns or its.
contractors or sub'contractbrs, such structures
as may be reasonably necessary for the conduct
of its or their business bf completi'ha said:
work and establishing the, properties as a
residential community and disposing, of the
sane in Lots by sale, lease or otherwise; or
(c) Prevent Declarant, its, successors
or assigns, or its contractors or subcontractors,
f,
from conducting on any Lot, or any portion thereof,
ti
owned or controlled by Declarant, or its successors
or assigns, its or their business of completing
C'7
.
said work and of establishing the Properties as a
residential community and of ,disposing of the same
r in parcels by sale, lease or otherwise; or
°i
-25-
%%rr
.f,o.....
1/ T lib CA4I0 MrIOM.
(d) Prevent Declaxant, ita tiuccessors or
assigns or its contractors or su)ata0ntractoxs,
from maintaining ,such sign or 01(ino ori any Lots
r� owned or controlled by any of thr_m as may"be
necessary in connection with the nale, lease
or other marketing of the Propertiog.
Section 12. Antennae No radio ,cation, "CBI,
or shortwave operators of any kind shall operate from any
Lot or Dwelling Unit ur.,Iess' approved by the Board, of
Directors. With the exception of'a cable or toaster antenna
system ("CATV/MATVII), no exterior radio antenna, television
antenna, "CB" antenna, or other antenna of any >type shall
:. by erected or maintained in the Properties Without the prior
approval, of the Architectural Control Committoe. The
Declarant, at its expense-, may cause a CATV/14ATV system to
be installed upon any lots in the Properties, and the choice
,.
of the Lots or Common Areatobe used for such installations
"
shall be within Decl,arantls .ole disaration, The repair,
maintenance and replacement costs of any s:ich CATV/tIAli-V
system shall be a Co.iunon txpense included 'J.n, the assessments
made by the Association.
I
Section 1S Insurance :fates. Nothing shall he
i
done or kept .in the Properties wnic wi l increase the rate of
insurance oa any'property insured by the Association without
r
p' of the Board, shall an t'hzng be done or ).opt
or result inthecancellation of o
inerherstoVal
!f
insurance on any property insured by the Association or which
would be in violation of anylaw.,,
Section 1.4.. Drilling.. No ,oil drilling t oil
deSrelooment operat+ons, oils re_xnzng, quarrying or mining
operations of any kind, shall be permitted upon or in any
Loti�� or shall oil well's, tants, tunnels or mineral excavations
or shafts be permitted upon the surface o£ any Lot or within
five hundred first>, feet (5.501) below the suis ace of, the Prop -
ernes: No der -rick be other structure designed fo= use in
boring for water, oil or natural gas shall be erected, main-
tained or permitted upon any Lot.
Section 15' VurO er subdivision, ,No Owner shall
:
further partit`T ion'or subdivice his Lot, provid68, ha never that
this provision shall,loot be construed to limit the right of an
Owner (l) to rent or"lease all or a portion of his Lot by means ..,
of a written lease or Lrental agreement subject to the restric-
tions of this Dl%claration, so long as the Lot is not leased
for transient o" hotel puxposes, (2) ,to sell his or her Lot; or,;
(3) to transfer;'or sell any Lo't to. mcre than erre person to be
held by thein as;tenants-in-cotmon, joint-ttnahtsf `tenants by
the entirety or as community property. The terms of any such
%
lease or rental agrowment shall be subject in all respects to
the provisions of this Declaration and the "It-LaWs of the
„
Association, and any failure by the Lessee or such Lot to*com-
ply ,with the terms of this Declaration or the By -Laws of the
(r`
Association shall constitute a default under the lease or rental
1
a5 regiment'`
•Section
1G. Drilinaae and Landscade. There shall ,
'be no inter,ftzence wit'kl the established;drai6n9 a pattern over
any Sot within the Properties; unless an adequate alternativeJ.
a
"
.sdrainage_ ed
is for rnoer and is xixst a rev
provision �. FPp
in toriting by the Architectural Committee. ''For the purposes
t�
.;F
hereof, "Established" draitia,e is, defined as the drainage
MUMIS ! MCKIT741CK
/
pmWi
, y
A MW'.do0o"TIGN
,... , w ..
v. - ... (` - w .i.+aWk+....a."1—M'ia,...ar,...:v✓r.N..�sis�r:+:+`w+rw.wa+W+-iw+Y+..wrrrn�/
.`..
exists at the.,time that such Lot is e��n+/fiXeci to a
which e.
purchaser from Declarant, cr ,.hs't ;phi ch is dt+own on any
ecturgl Cozmitt;riRtj -which mai'
plans approved by clic Archy
include drainage fratn the Ca, on Area Over any not or Lots_
in the Properties. Unless first doproved in wrstirg by
the Architectural Control Cot.Mit.,.ee, �vt7 r sarea (,1)
lana any tree witYii, h.3.s . ercedothno
natio or yard area whew
o
the distance between the center e'treta trunk and
L; or (2) plant,
any wall or fence is less than three (3) ,frar
Or maintain any portion of his ,oh which lies outside
alter
oI the Penced patio' or yard area,
"Section 17. Rater �Sunply- 5��sLct�s. No individual
waster s4;nply,� sewage dirnosa� system, or water eOftener sys-"
tem gail!1 be, pe�t`mitted on any, Lot in the Vrcperties unless
such system is designed, ,Located, constructed and equipped
in accordance with the requirements, standards and recommen-
daL•ionspI, any applicable water district, the Butte County
department, the ,architectural Commit'and all
Health
other ap,�5licable
governmental authorities.
Section°`Za.J'=4lation of tovezn(ncr Tnstrurtens:
There sYip11 oe no violation a= Lite restrictions of this
Declaration or of the rules and regulations of the Associa-
tion adopted in accordance with the provisions of the IIy-
Laws; If any owner, ,his far,ily, guest, lzcerisee, lessee
r..
or invit+.e vl'61ates ani such restricfions, the Board may
"I impose &Ireasonable Specizx Assessment upon ouch Owner .tor
each violation and ',~.lay sus: erd the voting Privileges of
such Oan(.r as further pro*.^ded in the By-LaV;s. Such special
Assessment sha17 be collectible in the same manner as annual
Assessments hereunder, but t?.d Board shall sive such Owner.
Notice and Hearing ,before invoking any such special Assessment
or suspension;.
,9
DAMAGE OR DESiEi9CTjoll TU CG:`L'`.fl i AIRFM
Section 1. Damage to or destruction of all
in the
or any portion or the Cor.,mon Area shall be handled
f
following manner, notwithstanding any pro=vision in this
Declaration to the contra ati .
(a) In the event of 'damage or destruction
to the Co:rmon Area, arcd the insurance proceeds
,
are sufficient ,to effept total. restoration, then
the Association shall cause. suc`r. Corhon Area to
be repaired and, reconstructed substantially as
it previously; existed.
(b) Lf the inauranco,prCcceds alze within
1't Ten Thousand Dollars ($10,,000.00) or ,less 'of
being sufficient to effect trA,11. restoration
to the' Copaiton rt ea,, l:hr~n the Association shall
cat se"such Cotjron Area to' be repaited and „rel
constructed substaftially as it 'previously
existed and the difference botween the insurance
proceeds and the actual cast shall be :levied,,,as
ay against' each
ltecarist..uc,.ion Assessment eeuall
t\:
of the Lot owners, in accordance with the provi-
sions of Article Vii Section S oa this Declara-
G"y
k . �." 6i1WNs a M2Y•ITYpltk ,
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(c) zf the irtsur"arice proceedo are. insuf-
ficent by more than ren Thousand I',Cxllars
($10,000.00) to effect total ronftra".ion>to
tho ,Comston Area, then by writUjn t:onshnt, or
1
'vote of Members representing a Majority of
both classes of the voting power at the As-
sociationi they shall detormina wiIoLher (1)
„
to rebuild and rt4_tore in substahLially the.
same mariner as the ir„provenentt Oxiated prior
f
1�
to damage and to raise the noced:3ary funds
I
over thensurai,_ce proceeds by levying equal
assessments against all. Lot., (a) to rebuild
and restore in away which utilize all avail-
able insurance proceeds and an aclditlonal
amount not in excess of Ton Dollars,
($10, 000.00) , and which i,e assessable ,egually , ..
!
to all Owners but which is less expansive than
replacing these improvements in substantially
the same: manner as they existed prior to
being damaged, or (g) subject to the provi"
sions ,of` Art.iclej XIII, to not rebuild and f
"insurance
to distribute the available pro-
oeeds equally to the owners and Mart ragees`
"
of the Lots as their torests may appear.
,i,
(a) Each Member shall, be liabl` to the ;
�i�lartage to the 4Ornzov Area
Association for any e
" �
not fully reimbursed to the Association b
`
insurance proceeds wh.ch may be sustained
by reason of the negJ.igence or willful
miser
conduct'of said'Fiembet or the Persons deriv-
iriq-their right and easement of use and en-
joyment of the Conon Area from said 5:ember,
'=
\� or of his respective gamily and gue,<ts,
both minor and adult. The Association 're-
serves the right, acting through the Board, _
after noEice 'And hearing, to (1) determine
III
whether any claim shall be made upon the in-
surollce maintained by the association and.
(2) charge a Special assessment equal to the
increase, if any, in the insurance premium
directly attributable to the damage caused
by Diember`or the persons £or whom such
j
.such
Member lttay be liable as described herein.,
In the case of joint ownership of a Lot, the
liability of such Owners shall be joint and
several, except to the extent that the Asso-
ciation has previously contracted in writing
with such -joint Owners, to the"contrary, After
such
notice and hearing, the cost of corrarting s
.. �,. tl r
damage, to the extent not rei r ur ,ed to `_he
g �
;
Assooiati:on by insurance, shall be a Special-
Assessment Against the Lot and may be collected
as provided herein :or the collection of annual
assessments.
ARTICLt XII
i ?
INSLIPA!ICE
[\.
(`
Sec'tio,nV1 4Casualty, .Insurance.
(a) The Association Shall keep all buildings,
improvements and fixtures ot. the Comxion Arca insured against
lots or damage by fire. for the full replacement value, thereof,
.
t
A.U� COrtwOa7l�iCH
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,
without deduction for depreciation, and riay olfuain insurance
"against such other hazards and casualties as thc, Association may
deem desirable, The Association'may also inouro any other
property whethex`ral or personal, owned by thn Ai,sociation,
e
against loss or damage by fire and such other hazards as
the Association may deem desirable 11ith thct jj;soc'iatioas ri
insur-
nsuranca, The
hcoverage rtoouCommon
ance v1itherespect the Area shah be writ-
ten in' the harie of, and the proceeds thereof ;shall: be payable
to'the Association: Premiums for all insurance carried by
the, Association are common expenses included in the assess-
ments made by the association, Insurance proceeds shall;
be used by the Association for the repair or replacement
of the property for which the insurance war carried.
In addition to casualty insurance on the Q=mon
Area, the Association, through the Hoard of Directors may
elect to obtain and, continue ink effect, on behalf of all
Owners, adequate blanket casualty insurance"and fire insur-
arice in such form as the Board of Directors deers appropri-
ate in an amount as near as possible to the full replacement
dincludin'fthedstructuralnportions
Dtelhs.ng Uns.t , an& fixtures
Dwell gUnits
,
thereof, owned by such Owners. Insurance premiums from any
such blanket insurance coveragz, and any other insuran;e
premiums paid by the Association shall be a cora on e:tpensepj'
of the Association to be included in the regular Annual. -
Assessments of the owners; as levied by the Association:
In the evert such blanket insurance is Obtained by the As-
sociation, and only for so long as such policy, remains
in effect, the provisions of Section l(b) of this article
shall not be ,applicable,
! (b) In the event the Association does not
maintain blanket lnsuxance upon property which is not oWnfdd
by the Association, then each ov,,ner shall insure his Lot and
Dwelling Unit, including the structural portions of his
Dwelling Unit, against loss or damage by fire or by :any
other casualty, uider the standard form of a tenaod endorse-...-
ment now in use ill the State of California or under such
p
other insurance a'`s may be required by; any tortgagee of the
residence, ill sv',sch insurance ,shall be for the full replace-
ment value or, thO.Dwellihq Unit; without deduction for -de-
preciation.
" Section 2.. Replacement Or''Zepair of PYODertV:
In the 'event of damage to or destruction' or: any part uz' the'
Common Area facilities owned by the Associat3rn the Associ-
ation shall repair or replace the same from thu insurance
proceeds availablN, subject to the provisions of Article XI
of this'Decl.aration. if such insurance pracatds are insuf-
ficient to coyer the cost of repair ,or replacement of the
property damacaed(for• destroyed, the Association .nay make a
Owners to 'cover
Reconstruction Assessment -against all Lot
the insurance proceeds, in addition to any other regular
as'Sessments made against such Lot Owners, in accordance with,`;
the provisions of Article SSI, Section 5, and x'�ztcle k
of.,this'Declaration.
In the event that the Association is maintaining
1
insuran' e on the Dwelling Units on the Lots in the Proper-
C
ties, the Assoziaton shall repair or replade the same from
'
the ihsuraAdL proceeds avaj,lable. If such insurance proceeds'
:
_
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1Gl.1lOP. ROL77TON.
EU"s 8 M:KiTTMCK
a uw C*Ar Msr,Ow
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t
are insufficient to cover the costs of such repair 'or re-
placement of the Dwelling Unit or Dwelling L'ri4to to damaged
or destroyed, the"Board may levy a Peconstructior. assessment
equally agai.hst all of the Owners to cover sudb Lnsurance
deficiency.
section 3. Liaaijjty and Other Inn',arance. The
"
Association shall have the poove= to and st:a l r,o:a2i cocta,e-
hensive public liability insurances including rte6L6,al pa t.erts
insurance, in such limits as it shall deem desitable, and
Workers, Compensation insurance and other liability insurance '
a, -it may deem desirable, including errors and omissions and
Directors and officers liability insurance if economically
obtainable, insuring each Lot Owner and the F,s�dclaion,
Board of Directors and Managing Agent, if any, from liability
in connection with the Corunon Arear the premiums for which are
common expenses included in the assessments made against the
owners. Such limits shall be -reviewed at .least annually by
the Board of Directors and increased in its diacretian. The
Board may also obtain such errors and omissions insurance or
other insurance as it deems advisable insuring the Board and
each member thereof against any liability "dr any act or oris-
sions insurance or other insurance as it deems advisable
insuring the Board and each member thereof against any lia-;,
bility for any act or omission,in carrying ou-, their obliga-
ti.ons hereunder or resulting from their momherhit, on ,the
Board or on any Committee thereof.'
(
#
section 4. Trustee for Po_iidi s. The
Associa-tion,
acting through its Bo_Ard of Directors, is hereby in -
and shall be deemed trustee of the interests of all
'Pointed
(named insureds under policies of insurance purchas,d anal ;
maintained by the Association. 11 insurance proceeds under
any such pol+•cies shall be paid to the Boaz -d D_rector
as T1?ustees� The Board shall have full power' to receive
and to receipt for the proceeds And to deal, the Awith as :wrd-
vided herein. insurance proceeds shall be used by the Also-
1
1
ciation for the repair or replacement of the -pro erty !or
which the ,insurance was carried or otherwise disposed of as
provided in Article XI of this Declaratoin. The -zoard
is hereby granted the authority -to negotiate loss settle-
ments with the appropriate insurance carriers, with`partici-
pa'tion, to the extent they desire, by first Mortga5e=_"s who
have, filed written requests' within ten (10) clays of receipt
of notice of any danGge or destruction Ns provided in Article'
Xiii(f) of this Declaration. Any L Directors of the Asso='
ciation may sign a lose claim f6rm and release form in con-
nectibn with the settlement of a loss claim,- and such sigra- .
tures shall be�'binding on all the"na ed,insuteds.'
ARTICLE XIII'
MORTGAGEE Fpomi'if'TION CLi:CEE
Not�yithstanding any and all provisions hereof to the
contrary, in 6tder to induce the Federal Ho:tc Loan Mortgage Corr
poration ("PHLMC") ; the Governr.,ent :6ational Xortgagd Asso,ciatio.^. -�
"
("G,;*IAII) asci the Federal National Mortgage Assoc .axion
to participate in the finandiny of the sale, of Lots within the
Properties, the following provisions are added hereto and to 1�
1
the extent thee added provisions conflict with any other pro-
C
visions of the Declaration, these added provisions shall
control; r
4
m
_30-
f
IULov. ROLOON.
..,,,,� iv :. .•. _.
MURNS A hI-MrTRICR
n Mii ion iu.'V.TtOY
e
..
l
t,
(a) Each first mortgagee r a taiort-
-? gage encumbering any Lot, at hi writ -eh
request, is entitled to written notifica-
tion from the Association of and default
by the Mortgagor of such Lot in the perform- i:,
ance of such Mortgagor's obligaticl4- Under
..,this Declaration, the Articles of 2ncorpara
S tion of the Association or the Dy -Laws of the
Assotbiation, which default is hot cured
�7 within thirty ('30) days after .the Associ-
ation learns of such default.
(b) Each owner, including every first
Mortgagee 'oa Mortgage encumbering any Lot
which obtains title to such Lot p>:irsuant to
d -
the_ remedies providein such ,.IorEgage, or
by foreclosure of such PSortgage or. by deed
(or assignment) in lieu of foreclosuw e,
shall be exempt from any "right of first
refusal".'
(c) Each! first ;Mortgagee of a t`ioxtgage
encumbering any Lot which obtaih8 title to
such Lot pursuant to the remedi_i provided
in such Mortgage or by foreclosure of such
1 Mortgage, shall take title to such `Lot
free, and clear of any claims £o; unpaid
assessments or clia'rges agai.nst'such Lot
which accrued pri,'or to the acquisition of
title 'to such Lot by the Mortgagee.
q)
1 (d) Unless at least sevehtv_five per-
cent (75%) of first Mortgagees (based upon
on vote for each S,ortgage owned), or sev'enty'�
five .percent (75S) of the Owners (other. than
Declarant) have given their''prioe written
approval; neither the Association nor the
Owners shall;
(1) subject to California nonprofit
corporation law to the contrary, by act or
omission seek to abandon, partition, alienate,
subdivide, ,,release, hypothecate, encumber, sell
or transfer the ccrimion Are=a and the improvements
thereon which are owned by the Association;
r •�
(The granting of easements for public
utilities or for other public purposes con_
Stentyx.th the ,ntended .use of such property
3�y the Association, 'or 'the transfnt' of the
Common Area to an unincorporated a€sociation
Of the owners in accordance with the Articles
of Incorporation of the Association, shall not
be deemed a transfer within the meaning of
this clause.) f
(2) change the method of determing
the obligations, assessments, dues or other 7\.
charges which may be levied against a Lot tC�.'
'`" Qwner
4
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