HomeMy WebLinkAboutTT 6685 ELDORADO DRIVE AVONDALE COUNTRY CLUB 1992 AVONDALE HOMEOWNERS' ASSOCIATION
REQUEST FOR ARCHITECTURAL APPROVAL
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Applicant:_ /�� �( ZCf(J jpzeS' i
Address: Lot: / Tract:�G =/
Enclose plans-(may submit sketch on reverse side of this form)
Brief Description of Request:
Approval of this request does not relieve applicant from obtaining the necessary building permits from the governmental
agencies Involved.
Section II of the Declaration of Restrictions for the Avondale Homeowners' Association requires architectural approval
prior to any construction.
This request should be submitted in duplicate. An approved copy will be returned to the applicant and one copy will be
retained by the Architectural Review Committee.
THE OWNER IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF THE EXISTING DRAINAGE
PATTERN IN HIS LOT. ANY DAMAGE TO HIS PROPERTY, HIS NEIGHBOR'S PROPERTY OR THE COMMON AREA
ARISING FROM ALTERATION TO THE EXISTING FLOW PATTERNS WILL BE THE RESPONSIBILITY OF SAID
OWNER.
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Signature of property-awnec ��'� Date:
ARCHITECTURAL REVIEW COMMITTEE
Date Submitted: Approved Disapproved
Conditions 0
Conditions of Approval/or reasons for Disapproval:
Architectural Advisory Committee Re iew: Authorized SI &hatures, - 2 required)
Date:
Z — � � Date:
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'Recording Requested by: • `.
When Recorded Return To:
Avondale Homeowners association v
c/o Richard I. Rbemer, Esc.
P. 0. Box 4756 i
Palm Desert, CA 92261
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR
AVONDALE HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
PAGE
ARTICLE I DEFINITIONS. . . . . . . . . . . . . . . . . . ... . . . . . . . . . : . . . :2
Section 1. Architectural Committee. . . . . . . . . . . . . . ... .2
Section 2. Articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 3. Association. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 4. Board of Directors. . . . . . . . . . . . . . . . . . . . . .2
Section S. Bylaws. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 2
Section 6. Common Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 7. Declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 8. Lot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Section 9. Mortgage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 10. Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 11. Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
ARTICLEII THE ASSOCIATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Section 1. General Powers. . . . . . . . . . . . . . . . . . . . . . .3
Section - 2. Maintenance of Common Streets and
Entrance Guardgate and Gatehouse. . . . . . . .3
Section 3 . Delegation of Powers. . . . . . . . . . . . . . . . . . . .4
Section 4. Rights of Entry. . . . . . . . . .. . . . . . . . . . . . . . .4
Section 5. Association Rules. . . . . . . . . . . . . . . . . . . . . . .4
ARTICLE III ARCHITECTURAL REVIEW COMMITTEE —
ARCHITECTURAL CONTROL. . . . . . . . . . . . . . . . . . . . . . .5
Section 1. Members of Committee. .. . . . . . . . . .5
Section 2. Review of Plans and Specifications. . . . . . 5
Section 3. Minimum Square Footage. . . . . . . . . . . . . . . . . . G
Section 4. Meetings of the Committee. . . . . . . . . . . . . . . 6
.:.•f Section 5. No Waiver of Future Approvals. . . . . . . . . . .?
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Section 6. Compensation of Members. . . . . . . . . . . . . . . . .7
Section 7. Inspection of Work. . . . . . . . . . . . . . . . . . . . . .7
Section 8. Scope of Review. . . . . . . . . . . . . . . . . . . . . . . . .8
Section 9. Variances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
ARTICLE IV USE AND BUILDING RESTRICTIONS. . . . . . . . . . . . . . . .9
Section 1. The Use of the Property. . . . . . . . . . . . . . . . .9
Section 2. Storage of materials. ... . . . . . . . . . . . . . . . . .9
Section 3. Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Section 4. Signs. . . . . . . . . . . . . . . . . . .9
Section 5. Temporary Buildings. . . . . . . . . . . . . . . . . . . .9
Section 6. Service Yards. . . . . . . . . . . . . . . . . . . . . . . . . .10 '
Section 7. Building Exterior. . . . . . . . . . . . . . . . . . . . . .10
Section 8. Setback Requirements. . . . . . . . . . . . . . . . .10
A. Front Yard Setbacks . . . . . . . . . . . . . . . .10
B. Side Yard Setbacks . . . . . . . . . . . . . . . . .10
C. Rear Yard Setbacks . . . . . . . . . . . . . . . . .10
D. Pools and Spas. . . . . . . . . . . . . . . . . . . . .10
Section 9. Non Conforming Structures and Uses. . . . .10
Section 10. Walls and Fences. . . . . . . . . . . . . . . . . . . . . . .11
Section 11. Trash Requirements.. . . . . . . . . . . . . . . . . . . .11
Section 12. Fire Damage. . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Section 13. Individual Sewage Disposal Systems. . . . .ii
Section 14. Storage Tanks; Equipment. . . . . . . . . . . . . . :11
Section 15. Nuisances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 .11
Section 16. Weed Control. . . . . . . . . . . . . . . . . . . . . . . . . . .12
Section 17. Rights-of-Way. . . . . . . . . . . . . . . . . . . . . . . . .12
Section 18. Structures Restrictions. . . . . . . . . . . . . . . .12
Section 19 . Parking and Vehicular Restrictions. . . . .13
Section 20. Leasing of Dwelling Units. . . . . . ... . . . . . .13
Section 21. Compliance with Rules and Actions. . . . . .14
Section 22. Window Covers. . . . . . . . . . . . . . . . . . . . . . . . . .14
Section 23. Blow Sand. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS. . . . . . . . .14
Section 1. Covenant to Pay Assessments. . . . . . . . . . . .i4
Section 2. Purpose of Assessments. . . . . . . . . . . . . . . . .14
Section 3. Regular Assessments. . . . . . . . .
. . . . . . . .15
Section 4. Special Assessments for Capital
Improvements. . . . . . . . . . . . . . . . . . . . . .15
Section 5. Increases in Regular and Special
Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . .15
Section 6. Reimbursement Assessments. . . . . . . . . . . . . .16
Section 7. Uniform Rate of Assessment. . . . . . . . . . . . .16
Section 8. Certificate of Payment. . . . . . . . . . . . . . . .16
Section 9. No Offsets. . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Section 10. Reserves. . . . . . . . . . . . . . . . . . . . . . . .i7
Section 11. Effect of Nonpayment ofAssessm.ent. .s;. .
Remedies of the Association. . . . . . . . . . . .17
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�! A. Enforcement by Suit. . . . . . . . . . . . . . . .18
B. Enforcement by Lien. . . . . . . . . . . . . . . .18
Section 12. Subordination to Certain Trust Deeds. . .19
ARTICLE VI COMMON WALLS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Section 1. Introduction. . . . . . . . . . . . . . . . . . . . . . . . .19
Section 2. Ownership of CommonWalls. . . . . . . . . . . . . .20
Section 3. Maintenance of Common Wall
Surfaces. . . . • . . . . . . . . . . .20
Section 4. Structural Maintenance of Common
Walls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Section 5. Easements Regarding Placement of
Common Walls. . . . . • . . . . . . . . . . . . . . .20
Section 6. Easements for Repair of Common
Walls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
Section 7. Right to Contribution. . . . . . . . . . . . . . . .21
Section 8. Failure of Responsible Party. . . . . . . . . . .21
ARTICLE VII PROPERTY TAXES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
ARTICLE VIII GENERAL COVENANTS. . . . . . . . . . . . . . . . . . . . . . . . .21
Section 1. Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
Section 2. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . .22
Section 3. Enforcement. . . . . . . .. . . . . . . . . . . . . . . . . . . .22
Section 4. Good Faith Liens. . . . . . . . . . . . . . . . . . . . . . .22
Section 5. Notice of Transfer. . . . . . . . . . . . . . . . . . . . .23
Section 6. Construction. . . . . . . . . . . . . ... . . . . . . . . . . ...23
Section 7. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
Section 8. Annexation. . . . . . . . . . . . . . . . .. . . . . . . . . . . . .23
A. Without Approval of Owners. . . . . . . . .23
B. Pursuant to Approval of Owners. . . . .24
C. Supplemental Declarations. . . . . . . . . .24
Section 9. Nonliability of Officials. . . . . . . . . . . . . .24
Section 10. Statutory References; Fixed Amounts. . . .24
Section 11. Common Plan Declaration. . . . . . . . . . . . . . . .25
Section 12. Attorneys '. Fees. . . . . . . . . . . . . . — oo . . . . ..25
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Recording Requested by:
When Recorded Return To:
Avondale Homeowners Association.
AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR
AVONDALE HOMEOWNERS ASSOCIATION
THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR
AVONDALE HOMEOWNERS ASSOCIATION ("Declaration") , is ;Wade on
!_•- % : , 1988 by the Avondale Homeowners Association, a
California non-profit mutual benefit corporation ( the
"Association" ) , for the purpose of amending, combining, and
restating. that certain "Declaration of Restrictions/Tract No.
4018, County of Riverside", recorded on April 24, 1970 as
Instrument No. 38551, Official Records of Riverside County,
California, and all those certain amendments, annexations and
supplements thereto, including the "Amendment to Declaration of
Restrictions/Tract No. 4018, County of Riverside" recorded on
April 28, 1970, as Instrument No. 39604; the "Amendment to
Declaration of Restrictions/Tract No. 4018, County of Riverside"
recorded on June 17, 1971, -as Instrument No. 65487; the
"Declaration of Covenants, Conditions and Restrictions" recorded
on August 17, 1972, as Instrument No. 110124; the "Supplementary
Declaration of Restrictions for Tract 18316 - County of
Riverside" .recorded on ,January 5, 1983, as Instrument No. 1918;
the Declaration of Annexation of Tract 19195 - County of
Riverside, recorded on October 24, 1984 as Instrument No. 224048;
and the "Amendment to Declaration of Restrictions - Tracts 4018,
4190 and 6685-1" recorded on February 7, 1985, as Instrument No.
26089, all of said Official Records. The Association desires by
this Declaration to establish a general plan for the protection,
maintenance, development, and improvement of all that certain
real property located in the County of Riverside, State of
California, more particularly described in Exhibit "A" attached
hereto (the "Property" ) .
NOW THEREFORE, the Association hereby declares, covenants and
agrees that the Property and all improvements existing thereon,
or to be constructed thereon in the future, shall be Yield,
conveyed, assigned, hypothecated, encumbered, - leased, used,
occupied and improved subject to the following limitut-ivus,
restrictions, covenants and conditions, for the purpose of
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mutually benefiting the Property and all improvements thereon,
and the existing and future owners thereof. All the covenants,
conditions and restrictions set forth herein shall run with the
land, shall be enforceable as equitable servitudes, and shall be
binding upon and for the benefit of all parties having or
acquiring any right, title or interest in the Property, any Lot
therein, or any improvement thereon.
ARTICLE I
DEFINITIONS
The following terms used in this Declaration are defined as
follows:
1. Architectural Committee. The term "Architectural
Committee" or "Committee" shall mean and refer to the Architec-
tural Review Committee described in Article III of this Declara-
tion.
- 2. Articles. The term "Articles" shall mean and refer to
the Articles of Incorporation of the Association, which are filed
in the Office of the Secretary of State of California, as amended
from time to time.
3. . Association. The term "Association" shall mean and
refer to Avondale Homeowners Association, a California nonprofit
mutual benefit corporation, its successors and assigns.
4. Board of Directors. The term "Board of Directors" or
"Board" shall mean and refer to the duly elected Board of
Directors of the Association.
5. Bylaws. The term "Bylaws" shall mean the Bylaws of the
Association, as amended from time to time.
6. Common Area. The term "Common Area" shall mean all
portions of the Property except the Lots and the dwelling units
or appurtenant residential structures or improvements located
thereon, and shall include without limitation the entrance guard
gate and guard house to the Property, all common streets and
appurtenances, as well as all other land, structures and facili-
ties within or 'Without the Property which are owned, maintained
or operated by, or under the jurisdiction of, the Association for
the common use, benefit and enjoyment of the Owners.
7. Declaration. The term "Declaration" shall mean this
Declaration, i.e. , this document.
8. Lot. The term "Lot" shall mean and refer to any plat of
land or parcel shown on any recorded -subdivision map of the
Property or part thereof, -with the exception of the Common Aron,
and shall include a dwelling unit or other residential
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r` improvements constructed upon such Lot. A Lot is a "seaarace
interest" as defined in Section 1351( L) ( 1) of the Civil Code.
9. Mortgage. The term "Mortgage" shall mean and refer to
any duly recorded and valid mortgage or deed of trust encumbLhring
a Lot.
10 . Owner. The term "Owner" shall mean and refer to one or
more persons or entities holding fee title or an eauicable
ownership interest in any Lot, including contract purchasers, but
excluding those having such interest merely as security nor the
performance of an obligation.
11. Property. The term "Property" shall mean and refer to
all of the real property described in Exhibit "A" attached
hereto, and any real property annexed thereto pursuant to this
Declaration.
ARTICLE II '
THE ASSOCIATION .
1. General Powers. The Avondale Homeowners Association,
has been established for the purposes of, and shall have all
necessary powers relating to, maintaining the Common Areas,
maintaining architectural control within the Property, providing
for the general safety and welfare of the Owners, enforcing this
Declaration and the various covenants, conditions and
restrictions hereof together with any .rules or regulations
adopted pursuant hereto, and otherwise administering the Property
as set forth in this Declaration. The Association may do any and.
all other acts and things that a non-profit mutual benefit
corporation is empowered to do, which may be _ necessary,
convenient or desirable in the administration of its affairs and
in order to carry out the duties described in this Declaration
including, but not limited to, those powers described in Section
374 of the California Code of Civil Procedure and (to the extent
not inconsistent herewith) those powers described in Section 1350
et seq. of the California Civil Code, as those sections may be
amended from time to time.
2. Maintenance of Common Streets and Entrance Guardqate and
Gatehouse. In addition to and not in limitation of the general
powers of the Association as described in Section 1 of this
Article II above, the Association shall have the power and duty
to maintain, , or cause to be maintained, the system of private
common streets within the Property (hereinafter referred to as
the "common streets" ) in a neat, clean and safe condition at all
times. The Association shall also have the power and duty to
maintain and operate the entrance guardgate and gatehouse located
at the entrance to the Property in cooperation with the OwncrS of
the Avondale Golf Club, and to share in the cost t�hcL'C0f_",
pursuant to that certain "Guardqate and Gatehouse Maintenance and
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Operation Agreement" between the association and the owners of
the Avondale Golf Club, which is attached 'hereto as Exhibit "B"
and incorporated herein by this reference, in its entirecy. Eac:
and all of the covenants, conditions, restrictions, easements,
reservations, liens and charges set forth in said Agreement shall
run with the Lots and shall inure to the benefit of and be
binding upon the Association and the Owners of the Lots, and
their respective grantees, successors and assigns with the same
force and effect as if fully set forth herein. This provision,
shall not be amended or deleted without prior written consent of
the owners of the Avondale Golf Club (as described in said
Agreement) and the Owners of the requisite percentage of the Lots
in the Property, as provided hereinbelow. All Owners within the
Property hereby consent to, acknowledge and covenant to comply
with the provisions of the attached Guardgate and Gatehouse
Maintenance and Operation Agreement.
3 . Delegation of Powers. Whenever this Declaration or the
Bylaws require or permit the approval, consent or action of the
Association, such approval, consent or action shall be that of.
the Board of Directors of the Association, unless otherwise
provided in this Declaration or the Bylaws. The Association,
through its Board of Directors, shall have the authority to
delegate its powers to committees, officers of the Association
and its employees .
4. Rights of Entry. The Association, through its agents or
employees, shall have a limited right of entry in and upon all
Lots for the purpose of inspecting the Property and taking
whatever corrective action may, after approval by a majority vote
of the Board, be deemed necessary or proper by the Board,
consistent with the provisions of this Declaration. This right
of entry shall include the right . to enterr -a Lot for the purposes
of construction, maintenance or repair for the benefit of the
Common Area or the Owners in common. Nothing herein shall be
construed to impose any obligation upon the Association to
maintain or repair any property or portion of a Lot or
improvements thereon to be maintained or repaired by the Owner
thereof.
5. Association Rules. The Association, through the Board,
shall have the power to adopt, amend and repeal such rules and
regulations as it deems reasonable which may include the
establishment of' a system of fines and penalties enforceable as a
Reimbursement Assessment. The Association rules shall govern
matters in furtherance of the purposes of the Association
including, without limitation, the use of the common streets,
guard gate and gate house, and any other common areas or property
owned, maintained or controlled by, or under the jurisdiction of,
the Association; provided, however, that the Association rules
may not discriminate among Owners, and shall not be inconsistent
with this Declaration, or the Articles or Bylaws. • A copy of thc
Association rules as they may from time to time be adopt(26,
amended or repealed or a notice setting forth the adoption,
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amendment or repeal of specific portions of such rules shall be
i delivered to each Owner. The Association rules shall have the
same force and affect as if they were set forth in or a part of
this Declaration and shall be binding on the Owners arc t::ei:
successors in interest whether or not actually received by them.
ARTICLE III
ARCHITECTURAL REVIEW COMMITTEE - ARCHITECTURAL CONTROL
1 . Members of Committee. The Architectural Review
Committee, sometimes referred to in this Declaration as the
"Architectural Committee" , or the "Committee", shall consist of
three ( 3) members . The Board shall have the exclusive power to
appoint and remove all the members *of the Architectural
Committee. Board members may also serve as Committee members .
Members of the Committee shall serve for a one-year term unless
sooner removed by the Board of Directors . No member of the
Committee shall be liable to any person for his or her decisions
or failure to act in making decisions as a member of the
Committee so long as such decision is made in good faith. It
shall be the purpose of this Committee to provide for the
maintenance of a high standard of architecture and construction
.in such a manner as to maintain and enhance the aesthetic quality
of the Property. The Architectural 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 design and existing materials of the buildings in the
Property.
2. Review of Plans and Specifications. . The Committee shall
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 construction in progress
to assure its conformance with plans approved by the Committee.
No construction, alteration, addition, installation,
modification, decoration, redecoration or reconstruction of an
improvement, including landscaping, in the Property shall be
commenced or maintained, until the plans and specifications
therefor showing the nature, kind, shape, height, width, color,
materials and location of the same shall have been submitted to
and approved in writing by the Committee. The word improvement,
as used in this Article, shall mean any structure or appurtenance
thereto of every kind and type, including but not limited to,
buildings, outbuildings, walkways, driveways, fences, screening,
walls, retaining walls, stairs, decks, swimming pools, saunas,
jacuzzis, landscaping, antennae, hedges, windbreaks, plantings,
trees and shrubs, poles, signs, exterior air conditioning and
swamp coolers. The Owner submitting such plans anel
specifications shall obtain a written receipt therefor froi<< Fri
authorized agent of the Committee. The Committee shall approve
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plans and specifications submitted for its approval only ?_ It
deems that the installation, construction, alterations or
additions contemplated thereby in the locations indicated wi:l
not be detrimental to the appearance of the surrounding area of
the Properties as a whole, that the appearance of any structure
affected thereby will be in harmony with the surrounding
structures, and that the installation or construction zhe:eo=
will not detract from the beauty, wholesomeness and
attractiveness of the Common Area or the enjoyment thereof by the
Owners, and that the upkeep and maintecance thereof —;-.6 :.ot
become a burden of the Assocfation.
The Committee may also issue rules or guidelines setting
forth procedures for the submission of plans for approval. The
Committee may require such detail in plans and specifications
submitted for its review as it deems proper, including, without
limitation, landscape plans, floor plans, site plans, drainage
plans, elevation drawings and description or samples of exterior
material and colors. Decisions of the Committee and the reasons
.. therefor shall be transmitted by the Committee to the applicant
at the address set forth in the application for approval, within
thirty ( 30) days after receipt by the Committee of all materials
required by the Committee. Any application submitted pursuant to
this Section shall be deemed approved, unless written disapproval
or a request for additional time, information or materials by the
Committee shall have been transmitted to the applicant, within
thirty ( 30) days after the date of receipt by the Committee of
such application for additional information. If so requested,
the Committee shall have an additional thirty (30) day extension
of time upon which to approve or disapprove the submitted
application.
3. Minimum Square Footage. - Except as otherwise provided in
this Declaration, the Committee shall require not less than 2,000
square feet of floor area for . any single family residence,
including garage, covered porches, covered contiguous patios,
etc. , with a minimum floor area of 1,500 square feet for the
living area of the structure. All structures shall be of one
level construction and no two story structures shall be permitted
unless, in the opinion of the Committee, such a structure
conforms to the overall design and plan of development of the
Property.
4. Meetinqs of the Committee. The Committee shall meet
from time to time as necessary to perform its duties hereunder .
The Committee may from time to time, by resolution unanimously
adopted in writing, designate a Committee Representative (who
may, but need not, be one of its members) to take any action or
perform any duties for and on behalf of the Committee, except the
granting of variances pursuant to Article III, Section 9. . In
the absence of such designation, the vote or written consent of a
majority of the Committee, shall constitute an act of the
Committee.
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S . No Waiver of Future Approvals. The approval of = e
Committee of any proposals or plans and specif:cations o:
drawings for any work done or proposed or in connection wit: ary
other matter requiring the approval and consent of the Commizzee
shall not be deemed to constitute a waiver of ary right t:,
withhold approval or consent as to any similar proposals, plans
and specifications, drawings or matter whatever sucseeuent17 or
additionally submitted for approval or consent.
6. Compensation of Members. The members of the Cca"mittee
shall receive no compensation for services rendered, oche: c-an
reimbursement for expenses incurred by them in the performance of
their duties hereunder.
7. Inspection of Work. Inspection . of work and correction
of defects therein shall proceed as follows :
A. The Committee or its duly authorized representative
may at any time inspect any improvement for which approval of
plans is required under this Article. However, the Committee' s
right of inspection of improvements for which plans have been
submitted and approved shall terminate sixty (60) days after the
work of improvement has been completed and the respective Owner
has given written notice to the Committee of its completion. The
Committee's rights of inspection shall not terminate pursuant to
this paragraph if plans for the work of improvement have not
previously been submitted to and approved by the Committee. If,
as a result of such inspection, the Committee finds that the
improvement was done without obtaining approval of the plans
therefor or was not done in substantial compliance with the plans
approved by the Committee, it shall notify the Owner in writing
of failure to comply with this Article within sixty (60) days
from the inspection, specifying the particulars of
noncompliance. The Committee shall have the authority to require
the Owner to take such action as may be necessary to remedy the
noncompliance.
B. If upon the expiration of sixty (60) days from the
date of such notification, the Owner has failed to remedy the
noncompliance, the Committee shall notify the Board in writing of
such failure. Upon Notice and hearing, the Board shall determine
whether there is a noncompliance and, if so, the nature thereof
and the estimated cost of correcting or removing the same. If a
noncompliance exists, the Owner shall remedy or remove the same
within a period of not more 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 Board ruling within that
period, the Board, at its option, may record a Notice of
Noncompliance and may peacefully remedy the noncompliance, and
the Owner shall reimburse the Association, upon demand, for all
expenses (including reasonable attorney's fees) incurred in
connection therewith. If such expenses are not promptly rcl��;zd
by the Owner to the Association, the Board may levy
Reimbursement Assessment against the Owner for reimbursement.
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The right of the Association to remove a noncomplying improvement
L or otherwise remedy the noncompliance shall be in addition co all
other rights and remedies which the Association may have at law,
in equity or in this Declaration.
C. If for any reason the Committee fails to nocify to
Owner of any noncompliance with previously submitted and approved
plans within sixty ( 60 ) days after receipt of wri.cten not ce of
completion from the Owner, the improvemenc shall be deemed to be
in accordance with the approved pians .
8 . Scope of Review. The Committee shall review and
approve, conditionally approve or disapprove all plans submitced
to it ' for any proposed improvement, alteration or addition,
solely on the basis of aesthetic considerations and the overall
benefit or detriment which would result to the immediate vicinity
and the Property generally. The Committee shall take into
z . consideration the aesthetic aspects of the architectural designs,
placement of buildings, landscaping, color schemes, exterior
finishes and materials and similar features. The Committee ' s
approval or disapproval shall be based solely on the
considerations set forth in this Article, and the Committee shall
not be responsible for reviewing, nor shall its approval of any
plan or design be deemed approval of, any plan or design from the
standpoint of structural safety or conformance with building or
other codes. Any owner who submits plans and specifications for
an improvement within the Property or any annexation thereto may
appeal any action of. the Committee to the Board of Directors by
delivering written notice to the Association within ten (10) days
of the owner 's receipt of the Committee's action. The decision
of the Board of Directors, as it relates to any appeal referenced
herein, shall be final and conclusive.
9. Variances. The Committee may authorize variances from
compliance with any of the architectural provi*ions of this
Declaration, including without limitation, restrictions upon
height, size, floor area or placement of structures, or similar
restrictions, when circumstances such as topography, natural
obstructions, hardship, aesthetic or environmental consideration
may require. Such variances must be evidenced in writing, must
be signed by a majority of the Committee, and shall become
effective upon recordation. If such variances are granted, no
violation of the covenants, conditions and restrictions contained
in this Declaration shall be deemed to have occurred with respect
to the matter for which the variance was granted. The granting
• of such a variance shall not operate to waive any of the terms
and provisions of this Declaration for any purpose except as to
the partiqular property and particular provision hereof covered
by the variance, nor shall it affect in any way the Owner ' s
obligation to comply with all governmental laws and regulations
affecting the use of his dwelling unit. All requests ' for
variances must be submitted to the Committee in writing tot,ether
with supporting plans and documentation. If the Committee fails
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to respond in writing to the requesting Owner within thirty ( 30)
days after submission, the requested variance shall be deemed
approved.
ARTICLE IV
USE AND BUILDING RES':RICTT_ONS
1. The Use of the Property. Except as otherwise prcv'_ded
in this Declaration, all Lots within the Property are hereby
designated as single-family residential Lots and shall be
improved, used and occupied under the conditions set forth under
R-1 Zone Regulations, as defined in County of Riverside Ordinance
No. 348 and under the provisions of this Declaration and any
amendments hereto. In the event that any of the provisions of
this Declaration conflict with any of the sections of such
ordinance, the more restrictive of the two shall govern.
2. Storage of Materials . In any building project, during
construction and sixty (60) days thereafter, property in an R-1
Zone may be used for the storage of materials used in the
construction of the individual buildings in the project and for
the contractor's temporary office. Said construction period
shall not exceed nine (9) months unless specifically approved by
the Architectural Committee.
r
3. Animals. No horses,- cattle, sheep, ' goats, pigs,
rabbits, poultry, or other livestock of any description shall be
maintained on any part of said property, with the exception of
not to exceed a cumulative total to three (3) dogs, cats, or
other animals which are bona fide household pets and which do not
make objectionable noises nor otherwise constitute a nuisance or
inconvenience to any of the residents of adjacent or nearby
property, whereupon the persons having same in custody forthwith
shall -remove same from their property.
4. Signs. No sign, poster, billboard, advertising device
or any other display of any kind shall be erected on any Lot so
as to be visible from any other Lot or from outside the Property
without the approval of the Architectural Committee, except such
signs of customary and reasonable dimensions as prescribed by the
Architectural Committee which may be displayed on or from a Lot
or improvement thereon, advertising it for sale or lease. The
Committee may approve the location of such signs within the front
or rear setback of any, such Lot.
5. Temporary Buildings. No temporary building, basement,
cellar, tent, shack, garage, barn or other outbuilding or
structure shall, at any time, be used for human habitation,
temporarily or permanently.,
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6. Service Yards. The service yard area of each residence
shall be fully enclosed with a solid type wall or solid type
fencing to conceal clotheslines, garbage cans, woodpiles and
storage piles, etc. , from neighboring Lots and streets..
7. Buildinc Exterior. The exterior portions o all
buildings, which are constructed of wood, stucco or ce.^.ient shall
be painted or stained immediately upon completion or s;.all have
color mixed in the final structural aualication.
8. Setback Recruirements. Every building, structure, or
other improvement other than a wall or fence, which is erected or
placed upon any Lot (excluding uncovered terraces, steps and roof
projections at the eaves) shall be setback the following
prescribed distances from Lot line ( in no event shall the
projection of the eaves extend closer than four (4) feet to the
side yard property lines) :
A. Front Yard Setbacks: Not less than twenty ( 20 )
feet from any street Lot line. Corner Lots fronting on two
streets shall be considered as having two street Lot lines and
the setback shall not be less than twenty ( 20) feet from the
front or shorter street frontage and fifteen (15) feet from the
side or longer street frontage.
B. Side Yard Setbacks: Not less than fifteen (15 )
feet of cumulative side yard setbacks for both sides of a
dwelling, and in no event less that five (5) feet on either
side. To illustrate, if one side has a six . (6) foot setback, the
setback on the other side cannot be less than nine (9) feet. The
above applies to detached one-family dwellings only. Duplexes or
similar multi-unit dwellings_ constructed with "common walls" on
or about a boundary line separating two (2) Lots shall be
governed by the provisions of Article VI hereof.
C. Rear Yard Setbacks: Not less than twenty (20) feet
from any rear Lot line.
D. Pools and Soas. Pools and spas shall be placed or
installed not less than five (5) feet from any Lot line.
Equipment appurtenant to any pools or spas shall not be placed or
installed less . than five (5) feet from any Lot line unless
adequately screened from view by a block wall enclosure which has
been approved by the Architectural Committee. In no event shall
pool or spa equipment .be placed or installed less than five ( 5)
feet from the rear Lot . line of any Lot which abuts the golf
course.
9. Non Conforming Structures and Uses. Notwithstanding
anything to the contrary contained in this Declaration, any
permanent building, structure, pool, spa, or other permanent
improvement, other than a wall or fence, which does not c onf at:to
with the setback requirements of Article IV Section 8, but which
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~ exists on a Lot at the time of recordation of this Deciarac:on',
. !y
shall be exempt from the recuirements of Article IV Section 8 .
! Further, any Lot which has been improved with a dwelling prior co
the recordation of this Declaration under zoning regular:ors
other than ' the R-1 Zone Regulation, shall be exempt f:c:,t the
requirements of Article IV, Section -1.
10 . 'Malls and r^ences. No walls, coping or fences exceeding
six ( 6) feet in height measured from the adjoining ground surface
inside the wall, may be erected or maintained on any Loc.
Boundary planting along any Lot lines shall not be permitted to
grow higher than eight (8) feet. No walls, cooing, fences,
hedges or tall plants, other than grass and trees, will be
permitted on the street frontage of all Lots and the rear yard
frontage of all golf course fairway Lots .beyond the setback line
unless permission is granted by the Architectural Committee.
11 . Trash Requirements . Each Lot at all times shall be kept
in clean, sightly and wholesome conditions. No trash, litter,
junk, boxes, containers, bottles, cans, trimmings, implements,
machinery, lumber or other building materials shall be permitted
to remain exposed upon any Lot, so as to be visible from any
neighboring Lot or street, except as necessary during the period
of construction.
12. Fire Damage. In the event any structure is -destroyed
either wholly or partially by fire or any other casualty, said
structure shall be promptly rebuilt or remodeled to conform to
this Declaration or all remaining portions of the structure,
including the foundations and all debris, shall be promptly
removed from the Lot.
13 . Individual Sewage Disposal Systems. Individual sewage
systems shall be provided for each dwelling unit in the Property
and shall conform to the requirements of the County of Riverside
Health Department. The type of system for every Lot in the
Property shall be a combination of septic tank and seepage pit.
The design and construction of all systems shall be in accordance
with all local and State requirements.
14. Storage Tanks; Equipment. No permanent tanks of any
kind shall be erected or permitted upon any part of a Lot for use
in connection with the storage of gas, oil or other chemicals or
materials which are flammable or toxic. A11 . types of
refrigerating, cooling or heating equipment must be concealed.
15.. Nuisances. No noxious or offensive activity shall be
carried on upon the properties. No horns, whistles, bells or
other sound devices, except security devices used exclusively to
protect the security of the dwelling unit and its contents, shall
be placed or used in any such dwelling unit or Lot. No loud
noises, noxious odors, noisy or smokey vehicles, large pot;,er
equipment or large power tools, unlicensed offroad motor vehicles
or items which may unreasonably interfere with the television or
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radio reception of any Owner, shall be located, used or placed on
k . any portion of the Property, or exposed to the view of ocher
Owners without the prior written approval of the Committee. T::e
Board of Directors shall have the right to deter=-, a if any
noise, odor or activity producing such noise or odor conscic::tes
a nuisance. No Owner shall permit or cause anything co be done
or kept upon the Property which will increase the race of c::e
Association's insurance, or will result in the cancellacion o!*
such insurance, or which will obstruct or interfere wit. the
rights of other Owners, nor will any Owner commit or permi= any
nuisance thereon. Each Owner shall comply wick all of. zhe
requirements of the local or state health authorities and with
all other governmental authorities with respect to the occupancy
and use of such Owner 's Lot or Lots. Each Owner shall be
responsible for and accountable to the. Association and other
Owners for the conduct and behavior of children visiting his or
her Lot and other family members or persons residing in or
visiting his or her Lot . Compensation or reimbursement for any
damage to Common Areas or personal property of the Association,
or the property of another Owner, caused by such children, other
family members or persons residing in or visiting an Owner or the
Lot of an Owner shall be required at the sole expense of the
Owner with whom such children or other.. family members or persons
are residing or visiting.
16. Weed Control. In the event that a Lot is not kept at
all times clear of debris, weeds, • and other unsightly growth,
with trees not watered and trimmed, the Association shall have
the right to enter upon and clear said Lot and water and trim the
trees and planting. Such expense shall be -billed to the Owner as
a Reimbursement Assessment.
17. Rights-of-Way. Easements and rights-of-way in
perpetuity are hereby reserved by the Association for the
erection, construction, maintenance and operation of conduits and
apparatus for the transmission of electrical energy, for
telephone, cable television and radio lines and for the
furnishing of water, gas, or other utility purposes, together
with the right of entry for the purpose of installing,
maintaining, and reading gas, electric and water meters, together
with the further right of the Association to convey or lease the
whole or any portion of such easement, right-of-way, and right-
of-entry to any person or persons or to any corporation or
municipal body over, under, across, upon and through a strip of
land five (5) feet in width along the boundary lines of all Lots
in the Property and such other areas as are or may be designated
on a subdivision map within the Property. In addition, a roving
easement across each fairway Lot shall also pertain to the
retrieving only of out-of-bound golf balls, on the part of the
players from the golf course.
18 . Structures Restrictions. Any building placed, erected
or maintained upon any Lot in the Property shall be entirnl_y
constructed thereon, and same shall not nor shall any part
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thereof be moved or placed thereon from elsewhere, except with
+-I the express written consent of the- Association. No derrick or
other structure designed for use in boring for water, oil, or
natural gas shall be erected, placed or per:nicted upon any par:
of the Property, nor shall any water, oil, natural gas or
minerals be produced or extracted therefrom.
19 . Parkins and Vehicular Restriction. No Owner shall nark,
store or keep any vehicle, except wholly within the parking area
designated therefor, and no inoperable vehicle shall be stored
anywhere on the Property. No Owner shall park, store or keep on
any Property or street (public or private) within t:e Property
any large commercial-type vehicle ( including; but not limited to,
any dumptruck, cement-mixer truck, oil or gas truck or delivery
truck) , any recreational vehicle (including, but not limited to,
any camper unit,, house car or motor vehicle, any bus trailer,
trailer coach, camp trailer, boat, aircraft, or mobilehcme) ,
inoperable vehicle or any other similar vehicle or any vehicular
equipment, mobile or otherwise, unless such vehicle is screened
from the view of all Lots and the Common Area by a fence or other
appropriate screening device. The above excludes camper trucks
and similar vehicles up to and including 3/4 ton vehicles when
used for every-day type transportation, subject to review and
approval by. the Board. Recreation vehicles may be parked in
driveways of any Lot for a maximum of 48 hours in any one week.
No Owner shall conduct repairs . or restorations of any motor
vehicle, boat, trailer; aircraft' or other vehicle on any open
portion of his Lot, unless such repair 'or restoration can be, and
is completed within 48 hours. There shall be no parking in the
private street, if to do so will or , may obstruct free traffic
flow, constitute a nuisance, or otherwise create a safety
hazard. Notwithstanding the foregoing, these restrictions shall
not be interpreted in such manner so as to permit any activity
which would be contrary to any ordinance of the local
governmental agency in which the Property is located and further
shall not be interpreted to prohibit the construction of
improvements within the Property.
20 . Leasing of Dwelling Units. No Owner shall lease his Lot
or dwelling unit for commercial or other non-residential
purposes. The terms of any lease of a Lot or improvement thereon
shall be in accordance with and subject, in all respects, to the
provisions of this Declaration, the Bylaws, and any rules and
regulations of 'the Association. Any failure by the lessee to
comply with the terms of such documents shall be a default under
the lease. All leases must be in writing.
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! 21. Compliance with Rules and Actions. Each Owner, tenant ar
occupant of a Lot or dwelling unit thereon shall comply with the
provisions of this Declaration, the 3ylaws of the Association,
decisions, rules and regulations of the Association or its duty
authorized representatives which may from time to time be
promulgated. Failure to comply with any such provisions,
decisions, or resolutions, shall be grounds for an action to
recover sums due for damages, injunctive relief, or any other
remedy permitted by law or by the terms of this Declaration.
22 . Window Covers. Curtains, drapes, shutters or blinds may
be installed as win ow covers. No window shall be covered with
aluminum foil or similar material. Any external window covers,
metal blinds or similar external sun or vandalism protection
devices shall require prior approval ' by the Architectural
Committee.
23 . Blow Sand and Debris. Each Owner shall take all aooro-
priate steps to insure that his Lot is not the source of
excessive blow sand conditions. Further, during any construction
activity on a Lot, the Owner thereof shall insure that proper
watering or other steps are taken to minimize blow sand
conditions on such Lot, and that excess sand, soil or debris
arising- out of or in connection with such construction activities
are promptly cleared and disposed of from such Lot and from
adjacent Lots, streets or Common Areas in the Property.
ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Covenant to Pay Assessments. Each Lot within the
Property, and each Owner of any Lot, by virtue of his or. her
existing ownership, or by acceptance of a conveyance therefor
(whether or not it is expressed in such conveyance) , is deemed to
covenant and agree to pay to the Association: (1) Regular
Assessments or charges, (2) Special Assessments for capital
improvements, and (3) Reimbursement Assessments, all such
assessments to be established and collected as hereinafter
provided. Each of these assessments, together with interest,
costs and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the
time the assessment became due. The personal obligation for de-
linquent assessments shall not pass to such person's successors
in interest unless expressly assumed by them.
2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the health,
safety and welfare of the residents of the Property and for the
improvement, operation and maintenance of the Common Areas, to
pay the Association's share of maintaining and operating the
entrance guardgate and gatehouse pursuant to "Guardgate and
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:.; Gatehouse :Maintenance and Operation Agreement" as described in
-1 Section 2 of Article II, and for the oer`ormance of zhe duties of
the Association as set forth in this Declaration, the Articles
�- and Bylaws.
3 . Regular Assessments. The amount and time of payment of
Regular Assessments against each Lot shall be determined by t::e
Board, giving due consideration to the current Maintenance coszs
and future needs of the Association. Written notice of the
amount of the Regular Assessment for the year shall be sent _o
each Owner, who shall thereafter pay the Regular Assessment :o
the association in monthly installments unless some ocher pe:icd
for collection is established by the Board.
4. Special Assessments for Capital Improvements. In
addition to the Regular Assessments authorized above, the Associ-
ation may levy, in any fiscal year, a Special Assessment applic-
able to that year only, for the purpose of defraying, in whole or
in part, the cost of any construction, repair or replacement of
the common streets, the guardgate or gatehouse, or a capital
improvement upon any other Common Area within or without the
Property for. which the Association is responsible, including
fixtures and personal property related thereto, or any other
action or undertaking on behalf of the Association.
5. Increases in Regular and Soecial Assessments. In the
event that the Board at, any time determines that the estimate of
total charges for the current year is or will become inadequate
to meet all common expenses of the Association for any reason, it
shall immediately determine the approximate amount, of such
inadequacy and issue a supplemental estimate of the common
expenses and determine a revised amount of Regular Assessments
for each Owner and the date or dates when due. Exceot as
provided below, Regular Assessments may not be increased more
than ten percent (10%) over the Regular Assessments for the
preceding fiscal year and Soecial Assessments may not exceed in
the aggregate five percent (5%) of the budgeted gross expenses
of the Association for the current fiscal year without approval
by the vote or written assent of Owners casting a majority of the
votes at a meeting or election of the Association conducted in
accordance with Sections 7510 through 7527 and 7613 of the
Corporations Code. Any meeting called to approve an increase in
Regular or Special Assessments in excess of the percentage
limitations described above shall be duly noticed in accordance
with Section 4 of Article IV of the Bylaws. Further, the
presence at the meeting, in person or by proxy, of fifty percent
(50%) or more of the Owners shall constitute the required quorum
for any action to be taken.
The percentage limitations for increases in Regular and
Special Assessments described above will not limit assessment
increases necessary for emergency situations. An "emorgenc:y
situation" includes any one of the following:
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r! (a) An extraordinary expense required by an
order;
(b) An extraordinary expense necessary to rep_a;:
or maintain the Property or any part of it for which t::e
Association is responsible where a threat to personal savety :s
discovered; or
(c) An extraordinary expense necessary to repa:=
or maintain the Property or any part of it for whic.h : e
Association is responsible which could not have been reasonably
foreseen by the Board in preparing and distributing its pro for=a
budget of the Association as described in Article VII, Section 5
of the Bylaws. Prior to the imposition or collection of an
assessment under this subparagraph (c) , .the Board shall adopt a
resolution containing written findings regarding the necessity of
the extraordinary expense and why such expense was not or could
not have been reasonably foreseen in the budgeting process, which
resolution will be distributed to the Owners with the notice of
such assessment.
6 . Reimbursement Assessments. The Association may levy a
Reimbursement Assessment against any Owner who fails to comply
with the provisions of this Declaration, the determinations of
the Architectural Committee, the Articles or Bylaws, or any rule
or regulation adopted by the Association, if such failure results
in the expenditure of monies by the Association in carrying out
its functions hereunder or for purposes of collecting any fines
which may be levied by the Association. Such assessment shall
also be for the purpose of. reimbursing the Association for any
costs incurred by the Association on behalf of an individual
Owner . A Reimbursement Assessment shall be due and payable to
the Association when levied but may not become a lien as provided
by Section 11(b) of this Article V which could otherwise be
enforced by a sale of the Owner's Lot.
7. Uniform Rate of Assessment. Regular and Special Assess-
ments shall be fixed at a uniform rate for all Lots and shall be
levied against each Owner according to the ratio of the number of
Lots owned by the Owner to the total number of Lots subject to
assessment.
8 . Certificate of Payment. The Association shall, within
ten (10) days after receipt of written request, furnish to any
Owner liable for assessments a certificate in writing signed by
an Officer or authorized agent of the Association, stating (as of
the date the statement is issued) whether assessments for a
specific Lot have been paid and the amount of delinquency, if
any, including penalties and attorneys ' fees. A reasonable
charge, of not less . than Fifteen Dollars ($15.00) , and not more
than the reasonable cost of preparing the certificate (as deter-
, mined by the Board) may be collected for the issuance of such a
certificate. Such certificates shall be conclusive evidence of
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payment of any assessment therein stated to have been paid as to
all third parties relying thereon, but shall not relieve any Own-
er of liability for assessments not in fact paid.
9. No Offsets. All assessments shall be payable in the
amount specified and no offset against such amount sisal_ be
permitted for any reason, including, ait.hout limitation, a c'_a:m
that the Association is not properly exercising its duties arc
powers as provided in this Declaration.
10 . Reserves. Regular Assessments shall include reasonable
amounts as determined by the Board collected as reserves for :^e
future periodic maintenance, repair or replacement of all or any
portion of the common streets, guardgate, guardhouse or other
Common Area that must be repaired or replaced on a periodic
basis, or for any other purpose as determined by the Board. All
amounts collected as reserves, whether pursuant to this Section.
or otherwise, shall be deposited by the Board in a separate bank
account to be held in trust for the purposes for which they are
collected and are to be segregated from and not commingled with
any other funds of the Association. Such reserves shall be
deemed a contribution to the capital account of the Association
by the Owners.
11. Effect of Nonpavment of Assessments; Remedies of the
Association. Each Owner upon becoming an Owner o - any Lot,
covenants and agrees to pay to the Association all of the assess-
ments provided for in this Declaration and further agrees to the
enforcement of all such assessments in the manner herein speci-
fied. Regular and Special Assessments are delinquent fifteen
(15) days after they become due. If an assessment is delinquent,
the Association may recover all of the following:
(1) Reasonable costs incurred in collecting the
delinquent assessment, including reasonable attorneys' fees;
(2) A late charge not exceeding ten percent (10%)
of the delinquent assessment or Ten Dollars ($10.00) whichever is
greater; and
(3) Interest on the above sums, including the
amount of the delinquent assessment, reasonable costs of
collection and late charges, at an annual percentage rate of
twelve percent •(12%) , commencing thirty (30) days after the
assessment becomes due.
A Regular or Special Assessment and any late charges,
reasonable costs of collection, and interest, shall be a debt of
the Owner at the time the assessment or other sums are levied.
In addition to any other remedies provided herein or available at
law or in equity, the Board or its authorized representative may
enforce the obligations of the Owners to pay the assessmcrit.s
provided for in this Declaration by either or both of grid
following procedures:
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�A
A. Enforcement by Suit. The association may commerce
and pursue an action against any Owner personally obligated to
pay assessments for such delinquent assessments. Any judca:ent
rendered in any such action shall include the amount of the de-
linquency, together with interest thereon, costs of coilec_:or.,
court costs and reasonable attorneys' fees in such amount as zhe
court may adjudge against the delinquent Owner. Pursuant to
California Civil Code Section 1367(e) , suit to recover a :Honey
judgment for unpaid assessments may be maintained w:zhout
foreclosing or waiving the Lien hereinafter described. he
remedy provided in this paragraph shall be the exclusive manner
of enforcing payment of delinquent Reimbursement Assessments.
B. Enforcement by Lien. The Association may record,
or cause to be recorded, a Notice of Delinquent Assessment with
respect to the Lot as to which assessments are delinquent. The
Notice of Delinquent Assessment shall set forth a description of
the Owner 's interest in the Property, the name of the record
owners of that interest, the amount of assessments (other than
Reimbursement Assessments) which are delinquent as of the date of
recording, together with all costs, attorneys ' fees, late charges
and interest accrued thereon. The Notice shall also include the
name and address of the trustee authorized by the Association to
enforce the lien by sale through nonjudicial foreclosure
proceedings as described below and shall be signed by the person
designated by the Board for that purposes (or if no one is
designated, by the President of the Association) . Immediately
upon recordation of a Notice of Delinquent Assessment, the
amounts set forth in said Notice, together with all sums accruing
thereon or becoming due and payable in accordance with this
Declaration after the date of recordation of the Notice, shall
constitute a lien in favor of the Association upon the Lot
described in the Notice, which lien shall be immediately due and
payable.
This lien shall have priority over all liens or claims
created subsequent to the recordation of the Notice, except For
liens for real property taxes and assessments on any Lot in favor
of any governmental assessing unit. Any such lien may be
enforced in any manner permitted by law, including sale by the
court, sale by the trustee designated in the Notice, or sale by a
trustee substituted pursuant to Section 2934(a) of the California
Civil Code. Any sale by the trustee shall be conducted in
accordance with the provisions of Sections 2924, 2924(b) and
2924(c) applicable to the exercise of powers of sale in mortgages
and deeds of trust or in any other manner permitted by law. The
Association shall have the power to bid in at any foreclosure
sale and to purchase, acquire, hold, lease, mortgage and convey
any Lot. The Association may accept a deed in lieu of
foreclosure. Upon the timely curing of any default for which a
Notice of Delinquent Assessment was filed, by payment of all suitis
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DE00193/09/15/88/T
secured by the lien, the Board shall cause an appropriate release
•y of such lien to be recorded in the Recorder 's Office of Riverside
County.
No Owner may waive or otherwise escape liability for the
assessments described in this Declaration by non-use of the
Common Areas or any other cart of the Property, or abandonment of
his Lot. Notwithstanding anything contained in this Declaration
to the contrary, no action may be brought to foreclose the lien
created by recordation of a Notice of Delinquent Assessment,
whether judicially, by power of sale, or otherwise, until t^e
expiration of thirty ( 30) days after a copy of said Notice,
showing the date of recordation thereof, has been mailed to the
Owner of the Lot which is described in such Notice.
12 . Subordination to Certain Trust Deeds. The lien for the
assessments described herein shall only be subordinate to the
lien of a First Mortgage given and made, in good faith and for
value, that is of record as an encumbrance against such Lot prior
to the recordation of a Notice of Assessment. The sale or
transfer of any Lot shall not affect the assessment lien describ-
ed herein, nor shall such sale or transfer diminish or defeat the
personal obligation of any Owner for delinquent assessments. How-
ever, the sale or transfer of any Lot pursuant to a judicial
foreclosure or foreclosure by power of sale of a first encum-
brance shall extinguish any assessment lien recorded prior to the
time of such sale or transfer. Following a foreclosure, the in-
terest of any purchaser at such foreclosure sale shall be subject
to all assessments becoming due after the date of such sale or
transfer, and in the event of nonpayment .of such assessments,
shall be subject to all of the remedies described in this Decla-
ration. For the purpose of this Section 15, a sale or transfer
of a Lot shall occur on the date* of recordation of a deed or land
sale contract evidencing the conveyance of record ownership of
the Lot.
ARTICLE VI
COMMON WALLS
1. Introduction. Each Owner has a vested interest in the
continued maintenance and repair of any "Common Walls" existing
or to be constructed within the Property. For purposes of this
Article, "Common Wall" shall mean and refer to any wall or fence
or portion thereof which is located substantially parallel to and
within two feet (2' ) of the boundary line separating two (2)
Lots, and which serves or is intended to serve as the boundary
between said Lots, including; but not limited to, a common wall
or portion thereof which comprises a part of any dwelling or
appurtenant structure. Each Owner ' s rights- and obligations e:iLh
respect to the Common Walls are set forth hereinbelow.
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DE00193/09/15/88/T
7
2. Ownership of Common Walls. Ownership of each Common
Wall or portion thereof shall be vested in the Owner of the Loc
upon which the Common Wall or portion thereof is located.
Notwithstanding said vesting of ownership, the rights and
obligations of the Owners with respect to the use, enjoyment,
maintenance and repair of the Common Walls shall be as sec fort.
hereinbelow.
3 . Maintenance of Common wall Surfaces. Each Owner shall
maintain the side or any Common Mall or portion thereof which
faces his Lot in a neat, clean, safe, sanitary and attractive
condition at all times, and shall bear all costs thereof. Each
Owner, may landscape in a neat and attractive manner the side of
any exterior Common Wall or portion thereof which faces his Lot
and may paint, wallpaper, panel or similarly decorate the
interior of any Common Wall or portion thereof which comprises a
portion of such Owner ' s dwelling or any appurtenant structure.
No Owner shall drive nails, screws, bolts or other objects more
than half way through any Common Wall, interfere with the
adjacent Owner 's use and enjoyment of the Common Wall, or impair
in any way structural integrity of the . Common Wall without the
prior consent of the adjacent Owner .
4. Structural Maintenance of Common Walls. The structural
maintenance of Common Walls shall include but not be limited to,
such repair, restoration. and/or periodic replacement as is
reasonably necessary to maintain the Common Walls in a neat, safe
and structurally sound condition at all times. Where a Common
Wall or portion thereof comprises a portion of two (2) dwelling
units or appurtenant structures, it shall be the mutual
obligation of .the Owners of each such dwelling or any appurtenant
structure to structurally maintain such Common Wall or portion
thereof, and to share equally in the costs thereof.
Notwithstanding the foregoing, in the event any structural
maintenance is required due to the willful or negligent acts or
omissions of any Owner, such Owner shall bear the cost thereof.
5 . Easements Regarding Placement of Common Walls. There
shall be a permanent easement appurtenant to the land for the
placement of all Common Walls where such Common Walls were part
of the original construction of a residence regardless of whether
such Common Walls are located precisely upon the boundary
separating two (2) dwellings or Lots. in addition, in the event
a Common Wall or portion thereof is not located upon the actual
boundary line, but is located substantially parallel to and
within two feet (2 ' ) of the boundary line separating two ( 2)
Lots, such that a portion of one (1) Owner's Lot is located upon
an adjacent Owner 's side of the Common Wall, there shall be a
permanent easement appurtenant to the adjacent Lot on, over and
across the surface of that portion of the first Owner ' s Lot a:hich
is located between the boundary line and the Common Wall.
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v,
6. Easements
t Lot shall have for Repair of
necessaryan easement •ver Coon Gall
accordance tw• allow each ad ' s' £ach Owner of
such Owner to lace c Lot as reasonablj
shall give the hOwner the of visions sett Fo==h herein.Common ;Tal's is
prior notice of the w the adjacent Lot nt -fSuch
during reasonable da of
to be done twenty_aour Owner
which case Ytime hours and shall perform(��) '�Ou=s
Prior such work except in case of rsuch work
notice. may be performed eme.ge^cv, ;
efforts to minimize Owner performing the any time and wi�::oc:�
adjacent Lots when the , inconvenience t° °k shall
perform' use best
7. g the work. Owners of `;,e
Contribution
to Contribution.
this Article from any other The right of
VI shall be Owner for work any Owner to
land and shall be appurtenant to anaerformed pursuant to
assigns and binding upon the Owners and hall run with
grantees , the
their successors,
8. Failure of
Owner or Owners Res onsible Part
injured or Fail to prom tl Should
Lots, the destroyed Common promptly repair or any responsible
Association Wall which re-erect a damaged,
Obligation, to cause Shall have is visible from
responsible such work the right. but other
collectible by therefore, tO be done and shall not the
Y the Association Any such charge the
• as a Reimburseiaentharge shall be
.. Assessment.
ARTICLE VII
PROPERTY TAXES
separatelReal. property
Y and taxes, levies and office to the individually billed assessments
for Owners of individual Lots the Count shall be
Lots shall be the Y be
Lot• The Association sole responsibility PaYment . of such
Payment shall not be y of
the Owner of taxes
whatsoeverf any real or liable for such
levied a Personal the collection and
Lots. Real against individua Property taxes of an
Common Streets property taxes and Owners on account of type
Of the the and
or gatehouse
levied their
Af the tiosn Association shall gatehouse or against the
constitute a commonPerspoen a property
Regular Assessment shall be y the Assocation
process. through the
ARTICLE VIII
GENERAL COVENANTS '
1• - Term. The
Declaration shall run wit covenants and
Association and the land restrictions of
and all the Owners and shall Beall be enforceable �, this
which time erthes claiming under them binding upon all Y tic
Periods Y shall be automaticall ntil January
of ten (10) years each Y extended 1' cces at
, unless, during for sucoessi�'c=
. g the final
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DE00193/09/15/88/T
the initial period or of any additional period, by the vote or
written consent of the Owners of a two-thirds majority of the
Lots in the Property, it is agreed to ter-minate this Declaration.
2. Severability. If any paragraph, section, sentence,
clause or phrase of the restrictions, conditions, and covenan-s
herein contained shall be or become illegal, null, or void, :or
any reason or shall be held by any court of competent
jurisdiction to be illegal, null, or void, the remaining
paragraphs, sections, sentences, clauses or phrases hers°n
contained shall not be affected thereby. It is hereby declared
that those restrictions, conditions, and covenants herein
contained would have been and are imposed and each paragraph,
section, sentence, clause, or phrase thereof, irrespective of the
fact that any one or more other paragraphs, sections, sentences,
clauses , or phrases are or shall become or be illegal, null or
void.
3. Enforcement. If any Owner of any Lot in the Property,
or his heirs or assigns, shall violate or attempt to violate any
of the conditions, covenants and/or restrictions herein, it shall
be lawful for the Association or the Owner of any other Lot in
the Property to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to violate
any such conditions, covenants and/or restrictions to enjoin him
or them from so doing or to recover damages or other dues for
such violation or as otherwise ordered by a Court of competent
jurisdiction.
Except where prohibited by law, if an Owner refuses to
comply with any covenant, condition or restriction set forth in
this Declaration after receiving written notice from the
Association of such noncompliance and after receiving a reason-
able period within which to comply, the Association may, without
liability to any Owner, peacefully remedy any such noncompliance
and the Owner shall reimburse the Association, upon demand, for
all expenses ( including reasonable attorneys' fees) incurred in
connection therewith. If such expenses are not promptly repaid
by the Owner to the Association, the Hoard may levy a
Reimbursement Assessment against the Owner for reimbursement.
The right of the Association to use peaceful self help as herein
above described shall be in addition to all the rights and
remedies which .the Association may have at law, . in equity or
otherwise in this Declaration.
4. Good Faith Liens. A breach of any of the conditions,
covenants, and or . restrictions of this Declaration shall not
defeat or render invalid the lien or any Mortgage given in good
faith, and for value, as to said property or any part thereof;
but such conditions, covenants, and/or restrictions shall be
binding upon and effective against any Owner or any Lot or boats
in the Property whose title is acquired by foreclosure, trustee ' s
sale, or otherwise.
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DEO0193/09/15/88/T
r-r 5 . Notice of Transfer. Upon the sale or the transfer of a
Lot, either the Owner who transfers the Lot or the transferee
shall promptly notify the Association in .writing of the name and
address of ' the transferee, the nature of the transfer and a
description of the Lot involved, as well as such other
information relative to the transfer and the transferee as the
Association may reasonably request. An executed CODY oc the
instrument of transfer shall be transmitted to the Associatior.
for any transfer subject to this Section including but not
limited to transfers occurring by reason of sale, gift, devise or
inheritance.
6. Construction. The provisions of this Declaration shall
be liberally construed to effectuate its purpose of creating a
uniform plan for the development, operation and maintenance of a
planned development. In case of any conflict between this
Declaration and the Articles or Bylaws, this Declaration shall
control . The article and section headings have been inserted for
convenience only and shall not be considered or referred to in
resolving questions of interpretation or construction.
7. Amendments . This Declaration may be amended only by the
affirmative assent or vote of a majority of the voting power of
the Association; provided, however, that the percentage of voting
power necessary to amend a specific clause or provision shall not
be less than the percentage of affirmative votes prescribed for
action to be taken under that clause.
This amendment provision shall not be amended to allow
amendments by the assent or vote of less than the prescribed per-
centage of voting power required for amendments hereof. An
: amendment or modification shall be effective when executed by the
: Secretary of the Association, who shall certify that the amend-
ment or modification has been approved as provided herein, and
recorded in the Official Records of Riverside County.
8. Annexation.
A. Without Anoroval of Owners. All or any part of the
property described in Exhibit "C" may be annexed to and become
subject to this Declaration and the jurisdiction of the Assoc-
iation without the approval, assent or vote of the Owners,
provided that a Supplemental Declaration of Annexation
("Supplemental Declaration" ) covering that portion of the
property described in Exhibit "C" sought to be annexed is
executed and recorded by the Owner of such property after first
being approved in writing by the Architectural Committee and
Board of Directors. The recordation of an approved Supplemental
Declaration shall constitute and effectuate the annexation of the
real property described therein, making that property subject to
this Declaration and the. jurisdiction of the Association, and
thereafter the annexed property shall be part of the Property and
all Owners of -Lots in the annexed property shall automatically be
members of the Association.
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DEO0193/09/15/88/T
ri
�-! B. Pursuant to Approval by Owners. Upon aooroval
writing of the Association, pursuant to c.he two-thirds ( 2/: )
majority vote or written consent of the Owners, any person who
desires to add property to the plan of this Declaration ocher
than the property described in Exhibit "C" , and to- subject such
property to the jurisdiction of the association, may -record a
Supplemental Declaration or Covenants, Conditions and
Restrictions, or similar instrument, • describing the property
which is being annexed.
C. Supplemental Declarations.. The annexations
authorized under this Section 8 shall be made -by recording a
Supplemental Declaration, or similar instrument, describing the
property which is being annexed. Such Supplemental Declaration
may contain complementary additions and modifications of the
covenants, conditions and restrictions contained in this
Declaration as necessary to reflect the different character, if
any, of the annexed property and as are not inconsistent with the
plan of this Declaration. In no event shall any such
Supplemental Declaration, or any merger or consolidation revoke,
modify or add to the covenants established by this Declaration
within the existing Property.
9 . Nonliability of Officials. To the fullest extent
permitted by law, neither the Board, the Architectural Committee,
any other committees of the Association or any member of such
Board or committee shall be liable to any Owner for any damage,
loss or prejudice suffered or claimed on account of any decision,
approval or disapproval of plans or specifications (whether or
not defective) , course of action, act, omission, error,
negligence or the like made in good faith within which such
Board, committees or persons reasonably believed to be the scope
of their duties.
10. Statutory References; Fixed Amounts. References in this
Declaration or the Bylaws to specific statutes or provisions of
California law shall include those statutes or provisions as they
may be modified or amended from time to time. References in this
Declaration or the Bylaws to specific dollar amounts or
percentage rates shall be modified from time to time as the
dollar figures or percentage rates in the statutes upon which
they are based are modified. If a dollar amount is not governed
by a statute, it may be modified periodically by the Association
in accordance with changes in the Consumer Price Index, All Urban
Consumers, All Items, for the Los Angeles-Long Beach-Anaheim
. Area, utilizing that index on the month and year this Declaration
was recorded as the basis for comparison. Any modification of
the Declaration or Bylaws resulting from the application of this
Section may be affected by a validly adopted resolution of the
Board, without utilizing the formal amendment procedures
contained herein or in the Bylaws .
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DE00193/09/15/88/T
I�
!-1 11. Common ',Plan Declaration. The covenants, conditions and
restrictions set forth in this Declaration constitute a general
program for the development, protection and maintenance of the
Property to enhance its value, desirability and attractiveness
for the benefit of all Owners. By acquiring any ownership
interest in a Lot subject to this Declaration, each person or
entity, for himself, his heirs, personal representatives, succes-
sors, transferees and assigns, agrees to be subject to all of ch.e
provisions, restrictions, covenants, conditions, rules and regu-
lations now or hereafter imposed by this Declaration. The
Association, on behalf of the various Owners of the ?roperty, by
this Declaration, sets forth a program for the maintenance,
operation and development of the Property and hereby evidences
its intent that all the restrictions, conditions, covenants,
rules and regulations contained herein shall run with the land
and be binding on all future Owners, grantees, purchasers,
assignees, and transferees .
12. Attorneys ' Fees. In the event of any controversy, claim
or dispute arising out of or relating to this Declaration or the
interpretation of a breach thereof, the prevailing party shall be
entitled to recover from the other party reasonable expenses,
attorneys ' fees and costs.
IN WITNESS WHEREOF, the undersigned, President and Secretary
of Avondale Homeowners Association, formerly known as Del Safari
Homeowners Association, Inc. , hereby certify under penalty of
perjury that this Amended and Restated Declaration of Covenants,
Conditions and Restrictions for Avondale Homeowners Association
was approved in writing by at least two-thirds (2/3) of the
Owners of Lots within the Property, evidence of which is on file
in the office of said Association.
AVONDALE 0HEOWNERS ASSOCIATION
CZ
By.
President
By:
Secretary
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DE00193/09/15/88/T
I hereby certify and declare, under penality of perjury, that
the foregoing Amended and Restated Declaration of Covenants,
•-� Conditions and Restrictions has been approved by the percentage
.. of Owners required by the Declaration of Restrictions recorded on
! April 24, 1970 , ' as Instrument No. 38551, Records of Riverside
County, as amended.
Executed at , on the day of
1988 .
By:
PRESIDENT
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On �i�- /� ^ 1988, before me, the undersigned, a
Notary Public in and for said State, personally appeared
= (known
to me) or (proved to me on the basis' of satisfactory evidence) to
be the Presidents _ of the Corporation that executed
the within Instrument- on behalf of the Corporation therein named .
and acknowledged to me that such Corporation executed the within
Instrument pursuant to its bylaws or a resolution of its *Board of.
Directors.
WITNESS my hand and official seal.
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DE00193/12/02/88/2/T
I�
r.
STATE OF CALIFORNIA )
ss.
COUNTY OF RIVERSIDE )
On 3 , 1988, before me, the undersigned, a
Notary Public in and .for said State, personally appeared
- and - (known
to me) or (proved to me on the basis of satisfactory evidence) :o
be the President, and Secretary of the Corporation that executed
the within' Instrument .on behalf of the Corporation therein named
and acknowledged to me that such Corporation executed the within.
Instrument pursuant to its bylaws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
_ U : f
NIA
; .Iprh a'! 1991
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DE00193/09/15/88/T
1/
~ EXHIBIT "A"
That certain real property located in the County of
Riverside, State of California, more particularly described as :
1. Tract 4618, as shown on a mao recorded in Book 65, cages
1, 2, and 3 of Maps in the Official Records of Riverside County,
California, as amended by that certain Certificate of Correction
recorded on May 28, 1970 as Instrument No. 50357 in Of=icial
Records of Riverside County, California;
2. Tract 4190, as shown on a map recorded in Book 68, pages
73 and 74 of Maps in the Official Records of Riverside County,
California;
3 . Lots 1 through 116, inclusive, of Tract 6685-1, as shown
on a map recorded in Book 98, pages 10 through 14, inclusive of
Maps in the Official Records of Riverside County, California;
4. Lots 1 through 16, inclusive, of Tract 18316, as shown
on a map recorded in Book 128, pages 31 and 32, .inclusive of Maps
in the Official Records of Riverside County, California; and
S. Parcels 1 through 4, inclusive, as shown on Parcel Map
'No. 19072, recorded in Book 122, pages 51 and 52, inclusive of
Parcel Maps in Official Records of Riverside County, California;
and
6. Lots 1 through 22, inclusive,. and Lot A of Tract 19195
as shown on Map recorded on September 26, 1984 in Book 144 pages
74 through 75, inclusive, Official Records of Riverside County,
California.
I!
y
E�aibit "B" of AM! ed Oec2zraticn mat- 3/_3/88
CA7L^CA:i AY' - -VACCS_
MA-MT-'TANCS AM
Phis CrARDGAz AM :AzBCVSE Waif«`GYc A= v'7f3d►::Y ACCM:t
(hareiaaftar. tho "Agreomonc") is mado Wac:ive :his .Ac Is. of Sapcamber.
1944. by sad anent :ANOIXJI CCRF:RA:: a Calitarnia carporstian, dotng
bustaoss as dot SAFARI CZU3-,IT C'.:! (=ereiasf%sr '—.AMU MCA"), del SAFARL
I d
%W boss owners association. Lad.. a CALi.'ar=ta mamproft:, ZUCual baaefi:
carparecion (herainafter Cho "ASSCC:AT:^`..1"). and TAMAT ECt2S AT dot
SAFARI CCCI:R2T C'..TE, a goneraL par.-.arabip (hereinafter "!AMAT 3Q:S").
VLT � ! SSETE-
A. Tandika is the owner of chat cer:ata real propar;y locatsd LA
Cho Couary of liverside. State of Cslilorais. =are particularly described
on Exhibit "A" attached hareco and Laearporscad hersta by this reference.
Said property is improved As a coma", club and toLl course which is
commonly known as the del Safari Counter Club (4aniaal;or the "Counry Club");
S. Tsirsay Eames is the owner of various improved and unimproved
residential lots within and surrounding the Cauacry Club, which are being
or will be tomplocad and sold to retail purehasera in sccords:aca with the
laws of cue State of Calitormia;
C. Variaas persons and anci:ias, ocher than Tsirway names, own one
(1) or more of certain residential toes surrounding sod adjacent to the
Country Club;
D. The resideaciaL Iocs, vbother improved or unimproved as mere
fully sac forth below, shall hareinaftar calleecively be referred Co as
"ltaidenclal Lots";
L. The Association owes forged for various pur7osas, including
enforcing the various covenants. conditions sad restrictions ioaarded
agatase the Resideatial Lacs, maintaining the syscas of common streets
tarring the Residentiat Lacs. snd providing for Cho general veltars and
s4fec7 of this owners of the Residential Lacs;
�A
yf. :14C cartaL1 post ;roper:7 toc&ced :a ::a :suety at livers:do•
~ Jesea of Cali.'o nts, most deseribad se at 4 at :roe: 4.3 a$
sham" on a Y4p reeordsd on March S, 1370. ao :ascrtmant Yo. SU 7] is loofc 55.
?egos t Chraugh 31 taetuaive, of :'Bps s :ha Cffies of :10 :aunty 3acarder
for On County of livorside (1ar%Lz&f:ar -ac a'), sores as rho casmon
Oentrance to the lesidencLAL Lacs and rho :auncry Club.
• G. Lac S is Improved with vsriow.tapraveeenes. Including ;&"none.
Landsesptagt a =nardtsts and a seaf:&d Socahouse;
H. Tsndiks has determined that it is is tha boat iacaresc of :andi7u
and 'this Coune:T Club co Outer into this Agroemuc wiC1 the issoeiaeion and
rairvey Romas to provide for Cho Continued sotacsnsuce and oper&C,anof :1e
vsrioua Laprovemones, L'teludtag Cho ;&vemne. landscapLli. =usrdJsta and
gatehouse; which are eonserUCCOd upon Lot 1;
• I. Tho loerd of Directors of Cho Association has da a rained :.14e It
is in the bast interest of the Association and this owner$ of Cho Residential
tots to eater into this Agreamene with Taadiks and raL�rn7 Tones to provide for.
• and share Cho cast of, the continued maintenance and operation of this various
Lmpraveaents including the pavement, landscaptag, gusrdgate and gscabouse,
which are conscructad upon Lac S; and
J. Tandike, Cho Assoei&CUm and rairway 3onas sdeh desire Cbse each
and all of the eavonaacs, conditions, restrictions. easements, reservations.
lions, and charges sae forth to this Agreomomc stall Can with the Country Club .
and the Rasidencial Lacs to per;eCULCT and tasre,co the benefit of and be
binding upon the owners of,the Country Club. the Assoeiatiam, Fair my Bomes
and•Che owners of the RaaidonCiel Lists, and their respective gseatees. suetesaOrs
• and assigns.
UU, =317M, for and to consideration of the foregoing reciesls and.
this mutual, covenants tee forth hernia. Tandika and rsirwa7 Hoaos, for and on
behalf of themsdlves and Chair grantaes, successors and assigns, and the
Association. for and an behalf of itself and the Owners of each of the
Rssidantisl Lots, and their respective grantees, successors and assigns,
do hereby covenant and agroe as foLlows:
9
\'7 AC�£SS �'£Z :" ? The Tar::11
hereto covenant and agree Chat :hs partis. and each of :hoes. SacLudtag :Zags
%v riapectiTe tanancs, meebers, guests. LZvt:Ge$, successors. and •$signs. shall
~ bar perasaaat, nonexclusive, per7acual am
ciprocal •aaoncs and ri hcIs�of.^\
LAST164, egress. •tress, use and en;oyes avappur"tensac to -U proporttes��
owned by C.ha 7srtias, on. aver, across asd :%rough Lac 3, and shall satocsta.
repair, opersca and scaf! Loc 3. taeLudtng :ha 3proveessacs :acscad :%Green,
Cis Cho s►maaGr prescribad is this Agreement.
2. VSL CT !.Cr 3. The parties hereby cavensuc and agrN "that Lac 3
shall be used solar for the pur7o4o of pvveidiag controlled ingress. egress
and `access to the CouacT7 Club and to the 3asidancial Lots. So parson shall
be permitted to park or stare say vehicle or coasc.uct any lsprovemenc or
perform any activity upon Lac H which rwld uaressoasbLy obacrct such
controlled Lag:eat, egress and access.
3. !SADMVIVE1NCL AND OPTUTION OT LCr 3. Iha patties beret* covenant
aad�aj"* that they shall maintain and 9"rsca Lot H and that ispravements
Charges, and shall share the coat and expense thmrsof, In accordance With
-"'that following:
3.1 ~iaiitgaance of Lot S and 6mroveeeets. The Assoaistias shall.
vich the funds provided by the terms and conditions of this Agreement, cause
.Lot H and t.hs,vsrious imrprvvemenes, Laelnding the pavement, laedacapisg.
gnardgate and gotahouae, constructed charges to be msiataimed is a most.
clean. safe, ssai:sry. at:ractize and f%mmet:onal condition ae all c:aes, so
as to sasure sofa and controlled ingress. agrees, wa and access on, over
and across Let 8.
3.1 Tares. The Association shall, with that funds provided by
the terms and conditions of this Agreement, cause to to paid, prior to
tMLr beesaiing delinquant, all real and personal pr*party tsar, if any,
for Lac 3.
v
-3-
).� -surence. The Aasoetsetan shot: cause :a be soeatzed end
T1 kept to !arc* !ar so :oaf as :Lia Atrear-ane :eeataa elfee:, a policy of
"i
combined Single :iai:. lodtly :a;u:7 and 7:ogec:y :swage _%surtace t:.surt:g
TsndiBa. Che Aaaoeiseiaa. *at yay Homes, and :=e a■nars at :he .LstionetsL
Lots, and Chat- :manes, zambors. guests and '«:visa. agetase any :isbtli:y
arising sue of :L• ownership, age, zsiaCananee sad/or operation of :ac t
aad the improvements Cherson. Said policy shaLl be a combtaed magi* rigs:
policy rich coverage to an amount acc.:has Cana rive Maadrsd Thousand :ollsrs
(SJOO.000.00) pee occurrence. Said polity shall prevtdo :Lac is asy sat be
caaeellad or be subleet to raduetian of coverage or ocher andtficstian except
altar thirt7 (30) days prior rrtt:an notice to the Associstion sod :sadtia.
Said policy shall be primary and shall provide to :he aaxiaax extant perm::ad
by lav for all lisbiltt7 to be shsrsd squally becwto, :he owners of :he Country
Club and the Association, unless and excspC Ca the extent such liability is
the result of an tatancianal or rrossly oagligeac ace or omission of one (t)
party. in which use such liability shall be borne by such culpable party.
3.4 Staffing of Catehausa and Mabile Security Cuards. The•Assoc isCiao
shall cause-the sacehouaa, ,coase_meted upon Lac 1. Co be staffed M snq-four (24)
• boats per day, sewn (7) days per veek, by one (1) or more uniformed entry
guards until such Ciao, if ever, chat :he Association and the owners of the
Country Club agree is vriting to use some. other face of security, yurehermore.
one (1) or sore mobile security guards may be smployed•for Cho purpose of
Patrolling the lasideatial Lacs and the Count 7 Club from the hours of 9:00
e'elock p,a. cc' 3:00 o'clock a.a. daily. seven (7) days per week.
3.3 Sharing the Casts of Staffing Cacehouse and 4obtle Security
Cus:ds. The parties and their successors shall share an interest is the
cnaCa of operating and staffing the :acabouse is toe following manners
3.3.1 Definitions.
"Class A" refers CO Chose Residential Lacs improved
with a single-family dvollLag for which a xoCica of Completion
has been recorded. a Certificate of Occupancy has been issued
or a currant building per2it is La effect.
••Class ).• raises :a an L>7rawad "llataned lac" (ss
dslimsd beLow) ;or which no bui:dLag ;oral: has been Lssued
look by the Cauuty of 3iviraids. A C.sss S :at chat: be dseced
to bseome a Class A Lot autamaCitaL:y sloe LaaWOte of a
building parai: by the County ml iiverstds.
"Class C" raises, :a :andiks Car7oraCLaa. a CALLfarais
19or7oratioa. doing busisass as dsl Sdtsri Country Club, L:s
suctessevs sad assigas.
"T:mashed lac"" -liars :a a Lstdsacul Lac which has
beau graded and improved with ucili:iss (gas. slactric, water,
etc.) stubbed from • paved street to the lot lime of a
lAsidentisL Lac.
3,3.2 Cost 3reakdown Per Cass• The ancict7ated tonal yearly
coat for operactag and scstiisg the gstahouse so described
above La estimated to be approximately One piandred Tea Thousand
Dollars Commencing as of September L. 1964
(efl0etivm data), and continuing until 3ecssber 31, L963. the
C'TnLCisl Tars"), the Cost breakdown on a per Clsss•bssis for
Chu toicisl Tara is as !ollws:
Approximate
Number
Monthly of Mi mbers
Class Assessment of Class Monchl+. Ourtert♦ Annually
Class A ; 40 ; L10 s 4.400 s 13.200 s 32,300
Class 6 20 132 Z.6" 7.920 31.660
Cisas C 6atanca of T/A Z,126 6.376 23.320
Costa 1110.000
3.3.3' Ad Ju s emen t s Tallow-tag ehe TnLtiat :etas. Upou the
expiration of the WCU L Tern, and continuing until Cho
terainacioa of this Agreement by mutual conseae of Cho parties,
the eontzLbutivs shares on a par Class basis shall be adjusted
as follow:
Class A - The monthly assessment agetasc each Class A
lot shall be deeressed from Circa to time. after Class C's
share is 20% to cover costs not then patd by Classes 6 and C.
i
.t�l
Cm es 3 - The sonthly assessment against seen :.&as 3 :ac.
1 shall be LACTtased ac :ho rats of ?iio ;ollars
Comaaeing on :inuar7 31. :946. until :!is monthly assessments
far Class A sad C'Asa 3 lots art a"t.
Cams C - The cancrbucirt share of Class C $hall be :ho
balance of Cho costs of apertcing and stsffiag sot Covered by
Classes A and 3. but such caacribucive short shall saver be
Is" :ban twenty percent (20I) of Cho caul lose.
KLe share to be paid by the waar of the CauaCy Club shell be
the differtaeo bec+nea sCtual•cost of operation and Cho amount
ehsr=td for LCs ocher tvo classes, provided that at an C'--
shall the Caumtr7 Club pay lest than 20'i of the cast.
3.3.A Admiaiscratioe of Atrtenent. The Association or its �.
desigaatad reprtaaacatly hereby agrees to adniatacar and
taforct Cho tarts and provisions of this Agriesaat. Laeludiag.
Without limitscion. Cho following pavers:
(a) Levy and e0114CC Cho assessments ""led for barsia;
• (b) Toy all eases and exptases incurred by Cho Assoeiseiom
is connection with operaciag said sesfaiag Cha =atahouso"as eallod
for becalm;
(C) Enforce the pragiaioaa•of Chi: Agratment as aore
fully sec forth below-,
• (d) Cause a pro forms operseiag seseanene for taeh year
following the ULCial Tara to be sads, which shell be distributed
Me lass than thirty (30) days before Cho beginning of each
Additional cars of this Agreement.
• (a) Later into CoaCrset(s) With such persons) or
aoeity(tas) for Cho purpose of ICAMag Cho taCabous• and mobile
petrol as wiled for baraia; provided. however. that no such
eoatrses(s) shell be for a term LA tseess of oaa (1) year. Such
Contztet(s) shall be cancellable Withoae cause and Without paymone
of a Cancellation fee upon thirty (30) days vritcam notice; and
(f) Adjust sad fix the asaasasseats attributable to tech
Class at least thirty (30) days prior Ca the taraiaatiao of the .
Initial Tara and each sueeaeding Cara Cheraafttr. whether notice
Of the ad=ustOd assessment shall be sent to each class member.
t ,
3.6 C!lset eC *C 482011m0ne3• 3s-sdtss. Any assessmene
r+4 aot paid within thirty (3m) days sitar :ha dun data Thal: Is lamed daliaquane
• .
� and ahaLl be aub)eet is :u sonabla lau cssrgas se asy, l;as awe Ca ae, 3e
~ established by Cho Sesrd of 71racCars of :hs Association is acoardsnes with
! CALUarvnis law. The 364rd of OL•accors. !ar and an lehbl! of :ha Associatian.
hey Commence legal se::an against :he party personally sbligsced :a par the
• O sane or way loroclose the flaw agatase his property. Such ilon so. also !o
foreclosed !y a power of sale of *char nomjudtcial peocadurs provided !or br
Cho law of Cho State of Calilornis.
3.4.1 Tetice of LLen. No action shatl.be brought to focseloso
said assossmsnc Lisa or Co proceed under the power of Sala
herein above ,provid4d less than chitty (30) days after Cho
data a aoeies of claim of Lien is deposited Ln the Voiced ;
States mail, tartitied or regiscared, poscsge pra•psid, to
the party, and a topy thereof is recorded by the Association
in the Office of Cho Conucy 14corder of the County of Riverside.
Said notice of claim east recite a good and sufficient legal
description of any such property, Cho record owner or reputed
owner thereof, the mount clatmad (which any. st the Assoeiscian's
Option. Lnelude reasonable lace charges as provided haretnabove,
interest on Cho unpaid sssesasseet ac the highest rats allowed
by law, plus rassomabla attorneys faes and expenses of collae-
Cion incurred is cooneetion with the dabs secured by said lien).
and the mass and address of Cho claimant.
3.6.2 rereclosure Sale. Any .foreclosure sale provided for
• abave is Co be conducted by Cho guard of 0ireators. its actornoy
or ocher persons sathorisod by the boord in accordance with the
provisions of Sections 2924, 2926a. 2924b and 2924e of Cho
celifornia Civil Code. applicable Co Cho exercise of power of
sale In siortgages and deeds of crust. or La any *char manner
permitted by law.
3.6.3 Curt-lit of "e°aul: Upon :he =alp --uri-g of any
default for which a zoctca of clatz or lien-vas filad by :he
!� Association, the officers tharsof are hereby authorized :a
i
file or record, as the case may bean appropriate release of
Osuch notice upon payment by :he defaulting par:7 of a fee :a •
be deear=iaed by the Association but toe to ezce:d Savenc•r-
Five Dollars (373.00) to cover the casts of preparL-g and
filing or recording such release.
3.6.4 Cuaulicive Remedies. The Assoeiaeioa's remedies for
non-p+ymaat of aaaasaaants, iaelud•ing, but not limited to,
as action to recover a money Jud pent, assessment liea and
right of foreclosure and sale, are cumulative and in addition .
to pad not is substitution of any other rights and remedies
which the Association and its assigns may have hereunder or
at' law.
3.7 Right cc Cenci bucicn. In the event any party shall fail or
refuse to pay all or any portion of its respective share of the cost of such
work within thirty (30) days after said payment was due, the ocher party shall
pay the unpaid amount and shall be entitled cc bring legal action against the
non-Paying party to recover the full amount paid on its behstf, together with
interest thereon from the data of such payment st the mazimuid legal rate until
paid, and stl court cases and reasonable actorney's fats so incurred. Any
such payment made on behalf of a non-paying party shall *cc be deemed a gift,
but shall be deemed a payment made Parsuint to an agreement hereunder for
reimbursement in,retura for benefit rectived.
3.8 ' Limitation on Joint waincenance Obligations. All Carms and.
-Provisions of this Agreement shall apply.solely to the maintenance and operscioa
of Lot $ and the improvements thereon, and in all ocher respects each ,arty
shall be responsible for the mainteaaaee and operation of its own respective
property.
`ate
l'
':AI'J=Z ?QCti3:' Yo par:; nay "'a:re o: oc`e:f:se aver: ::ab:::_7
far the assessments provided for here:: :or any reason, 7.aetudi:g sbandanaan:
of his property.
no A330eiat4-an and :he wners of :he Residentia;
_ Lacs shall iadeaaif7 and Sava :he Owners Of Che Guncr7 Club hA=Less f—:m and
GO
C1 sgaissc any and all clsias, liens, damages, Losses, costs, ex7ensas and ocher
liability founded upon, arising Out of, or oeherwisa ralscing Cc a breach of
this Agreemaae by the Association or the owners of Cho Residential Lacs. The
owners of Cho Country Club shall indemnify and save Cho Association and the
owners of the Residentisl Lacs harmless from and against any and all claims,
liens, damages, losses, costs, expenses and ocher liability founded upon,
arising out of, or otherrise relating to a braac:r of this Agreement by :he
owners of Cho Country Club.
6. INUM-."=''•TP AND RECOUM. rich and all of the covedaaes, conditions,
restrictions, easements, reservecions, liens and charges set forth in this
Agreement shall run with the Counc_y Club and the lasidencisl Lots and shall
inure to the benefit of and be binding upon the owners of the Country Club,
the Association and Cho ownsrs'of the Residential Lots, and chair respective
grantees, successors and assigns. In the event the Association is aver
dissolved, the rights and obligations of Cho ASJQCiation shall merge with Cho
rights and obligations of Cho owners of Cho Residential Lacs, The Association
shall cause an executed copy of this Agreement, or memorandum thereof, Co be
recorded against the Country Club in the Off ice of the County Recorder for
Cho County of.Rivarside. The Association shall cause an extcuead copy,of
this Agreement to be recorded against the Residential Lacs by causing said
copy to be attached Cc and incorporated by reference within,,& written Amendment
eo the Declaration of Restrictions previously recorded against the Residential
Lacs in the Office of the County Reeorder'for the County of Rivarside.
i
c�«
�. eEveRac aecv:s�ays.
,v; T.1 e,ati_e Ae-aenanc. This AgreaaenC consct:n:ea :he enCi:e
agreement be cween :he parties hereto pertsiaLng to :he subject =ac:er ::area:
and suporesdes all prior or contemporaneous ag:eeaencs, unders:snd::gs,
t '
negotiations and discussions, whether orsL or vri::ea, between the parties
in connection with Cho subject nectar 'hereof, except as speei-icsLly sac
CD
forth herein, So supplements or sod U icacions of Chia Agreement, shall ba
binding unless executed' in writing by the patty Co be bound thereby and
recorded with the Councy Recorder for Riverside Counc7.
r
7.2 Mortgage ?rocectian. A violation of the covenants set forth
herein shall .aac affect or Lspare the lion or charge of any bona fide aortgsge
or deed of Crust side in good faith and for value oa all or any portion of
Chia Residential Lots aced/or the Country Club; provided, however, Chat each
and all subsequent owners of all or any portion of Cho Residential.Locs
and/or the Country Club shall be bound by the covenants set forth herein,
without regard cc' whether such owner's title was acquire by.foreclasure, a
trustee's sale or otherwise.
7.3 Waiver. The failure of Cho parties to enforce any ca= or
provision of this Agreement shall not constitute a waiver of the right cc
enforce the same tars or provision, or any ocher term or provision, thereafter.
No waiver of, any provision of this Agreement shall be deemed or shall constitute
a waiver of any other provision herein (whether or not similar), nor shall such
waiver Constitute a continuing waiver unless otherwise expressly provided.
7.4 No public-Gift or Dedication. Nothing cantined in this Agreemm c
shall be deemed Co be a gift or dedication of all or any portion of Lot H or of
the Residential Locs or of the Country Club to any governmental entity or .to
the general public for any public purpose whatsoever.
(�y
J
7.3 Severset' rp. :: any :1Ause. sencencs or ae`er ;or-.Lan at
• this Agreemant shall be held by any court of commetanc :urisdtc:Lan :a he
unenforceable for any reason. :he ramataing ;or:Lans thereof shall Ca"La
is :ail fort* and elsac:.
r
!"} 7.6 At:ar..aws' Fees. :a the event a Legal ae:ion b. any Psr:y to
t enforce Cho :arse hereof. to declare rights hersuadar or :a resolve an? can-
Csoversy. Chia or dispute regarding the :arna and 7ravtsions of this Agreement.
Vthe prevailing part7 shall be eat::isd to recover :ran :he losing ;arty(iss) .
• its costs of suit. tatludiag rssaomabie attorneys' fees as may to fimad by
the tours.
7.7 Conscmc::on. The provisions of Chis AgreemenC shall he L:bersLLy
Coascrued Ca affecCnAta the par:ias' intent to create a cooperative plan to
provide for Cho meLataaanca And operation of the Suardgsca and Satahouss can-
strutted upon Lac H. and of sharing equitably to Cho costs relating :hecsco.
The section headings have been inserted for convenience only, and shall not be
considered of referred Ca in resolving questioms of toeerprscation or cona mccion.
.' whenever the contest hereof may so require the singular shall include the pLursL.
• and the oesculins shall include the fsmiaine and aaatar.
7.S Notices, Any Payment required Co be suds, or any notiu required
or desired to be Sinn under this.Agrsement. shall be Personally served or sent
by eartified•or registered mail to the address shown belov, until notice of a
different address be given. Any motica Siven by depositing it with Cho Cnitad
States Pascal Npartsent as cortifisd or registared sail. Postage Prepaid. shall
be deemed given Cvaat7-fah (24) hours after deposit.
TANOQA: J9- oe / .1s.Q .S�•s..s_ �..--c.
ASSOCUTZON: ��- oo/ d:e Ssi4.ti &e
` �i4cy Do^SEt1 C-r 4 Z2C.'O
� e
UWAY RCM: y L, / /L. P-C—
C./P44�.4 L''A • 9/rlf4
• -11- _
t r.
v:
�. 7.9 'i=e. :i.e is of the essence of each and eve rr =erg and
T1 provision of this Agreemenc.
In WIT`dESS '+iMU CF, the parties hereto have executed .h:s A;reeaent
on the day and year !i.sc above vri::en.
C� .
del S.1 al Hae OWNM TdNDM CCUORATION,
ASSOCIATION, MC., . a California corporacion
a California nonprofit doing business as
mutual benefit corpo ac_on del SAFARI CCUNTBY CLUB
BY: BY:
C
its: its: -+-'-��'3�
BY: BY:
its: i its:
•� �� FAIItWAY BOBS AT del SAFA
RI
CaJNMY CLUB
a general pamsership
41
General Partner
BY:
its:
i
e .
v•
�-; Bx aBiT ,,c„
LEGAL DESC:tI2 r2O.1 OF PROPERTY SUBJECT 70
` ANNEXATION :3ITHOUT APPROVAL OF OWNERS
All that certain real arooer:v Located in Riverside
County, California, described as follows :
A portion of Lot 1, as shown on Record of Su-1•ey nan
recorded in Book 55, pages 38 through 43, inclisiva, or Record
of Surveys , Records of the County of 3i.verside, State of
California, more particularly described as follows:
Beginning at the Northeast corner of said. Lot 1, said point
lying South 89°48'15" :Jest 363.33 feet, and South 00°11'45"
East 44 .00 feet from the Northeast corner of Section 3,
Township 5 South, Range 6, East, San Bernardino Meridian; thence
South 00"11145" East 6.00 feet to the South right-of-way line
of Frank Sinatra Drive (formerly wonder Palms Road) , said point
being the TRUE POINT OF BEGINNING: thence
South 26°51137" East 126.91 feet; thence
South 65"57113" West 133.40 feet; thence
South 62034107" West 102.42 feet; thence
North 72*25125" West 45.00 feet; thence
South 76*33138" West •82.20 feet; thence
South 54*34135" West 80.00 feet; thence
South 10052'08" West 62.33 feet; thence
South 54*34140" West 157.06 feet; thence
South 77045136" West 124.64 feet; thence
North 74*06134" west 135.06 feet; thence
North 55*38115" West 120.08 feet; thence..
North 38°02'33" West 120.75 feet; thence
North 67*58123" West 234.72 feet; thence
North 14*19153" West '158.32 feet to a point in the South right-
of-way line for Frank Sinatra Drive (formerly Wonder Palms
Road) as per instrument 88650 recorded July 6, 1973; thence
' North 89*48115" East 1,165.19 feet along said South right-
of-.way line to the true point of beginning.
b
AMENDED AND RESTATED
BYLAWS
OF
AVONDALE HOMEOWNERS ASSOCIATION
TABLE OF CONTENTS
Page
ARTICLEI - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLEII - PRINCIPAL OFFICE . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLEIII - MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1 - Membership . . . . . . . . . . . . . 1
Section 2 - Voting Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 3 - Assessments . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . 2
Section 4 - Association Rules; Enforcement . . . . . . . . . . . . 2
ARTICLE IV - MEETINGS OF MEMBERS . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1 - Place of Meetings . . . . . . . . . . . . . . . . . : . . . . . . . 3
Section 2 - Annual Meetings . . . . 6 . . . . . . 0 . . . . . . . . . . . . . . . 3
Section 3 - Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 4 - Notice of Meetings . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 5 - Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 6 - Adjournment for Lack of Quorum . . . . . . . . . . . . 4 .
Section 7 - Consent of Absentees . . . . . . . . . . . . . . . . . . . . .4
Section 8 - Proxies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 9 - Form of Solicited Proxies . . . . . . . . . . . . . . . . . 5
Section 10 - Record Date . . . . . . . . . .. . . . . . . . . . . . . . 5
Section 11 - Action Without Meeting . . . . . . . . . . . . . . . . . . . . 6
ARTICLE V - BOARD OF DIRECTORS . . . . . . . . . . . . . . . . . . . . . . . .6
Section 1 - Powers and Duties . . . . . . . . . . . . . . . . . . . . . . . . .6
Section' 2 - Number and Qualifications . . . . . . . . . . . . . . . . .6
Section 3 - Election and Term . . . . . . . . . . . . . . . . . . . . . . . . .7
Section 4 - Nomination . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . .7
Section 5 - Election Procedures . . . . . . . . . . . . . . . . . . . . . . .7
Section 6 - Removal . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . .7
Section 7 - Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Section 8 - Regular Meetings . . . . . . . . . . . . . . . . . . . . . . . . . .8
Section 9 - Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . 8
( i)
Section 10 - Attendance at Meetings; Executive
Sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Section 11 - Quorum . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .9
Section 12 - Organizational Meeting . . . . . . . . . . . . . . . . . . . .9
Section 13 - Adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
Section 14 - Action Without Meeting . . . . . . . . . . . . . . . . . .9
Section 15 - Indemnification of Directors, Officers
and Employees . . . . . . . . . . . . . . . . . . . . . . . .9
Section 16 - Fees and Compensation . . . . ... . . . . . . . . . . . . . .10
Section 17 - Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE VI - OFFICERS AND THEIR DUTIES . . . . . . . . . . . . . . . .10
Section 1 - Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 2 - Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 3 - Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 4 - Special Appointments . . . . . . . . . . . . . . . . . . ... . 10
Section 5 - Resignation and Removal . . . . . . . . . . . . . . . . . .10
Section 6 - Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 7 - Multiple Offices . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 8 - Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
ARTICLE VII BOOKS, RECORDS AND FINANCIAL REPORTS . . . . . . 12
Section 1 - Inspection of Corporate Records . . . . . . . . . . 12
Section 2 - Inspection of Bylaws . . . . . . . . . . . . . . . . ... . . . 12
Section 3 - Checks, Drafts, etc. . . . . . . . . . . . . . . . . . . . . . 12
Section 4 - Contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 5 - Budgets and Financial Statements . . . . . . . . .13
Section 6 - Reconciliations and Review. . . . . . . . . . . . . . . .14
Section 7 - Withdrawal of Reserves. . . . . . . . . . . . . . . . . . . .14
Section 8 - Fiscal Year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
ARTICLE VIII AMENDMENT/CONSTRUCTION . . . . . . . . . . . . . . . . . . . 15
Section 1 - Amendment Procedure . . . . . . . . . . . . . . . . . . . . . .15
Section 2 - Record of Amendments . . . . . . . . . . . . . . . . . . . . .15
Section 3 - Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
( ii)
AMENDED AND RESTATED
BYLAWS
OF
AVONDALE HOMEOWNERS ASSOCIATION
ARTICLE I
DEFINITIONS
All terms as used in these Amended and Restated Bylaws
( "Bylaws" ) shall, unless stated otherwise, be defined as set
forth in that certain Amended and Restated Declaration of Cov-
enants, Conditions and Restrictions for Avondale Homeowners
Association recorded on , 198 • , as Instrument No.
of Official Records of Riverside County, California
( "Declaration" ) and any amendments thereto.. All of the terms and
provisions of the Declaration and any amendments thereto are
incorporated herein by reference.
ARTICLE II
PRINCIPAL OFFICE
The principal office of the Association for the transaction
of business is hereby fixed and located within the County of
Riverside, State of California. The Board is granted full power
and authority to change the principal office from one location to
another within said County.
ARTICLE III
MEMBERS
Section 1. Membership. Every person or entity who is an
Owner of a Lot shall be a Member of the Association. Membership
shall be appurtenant to and may not be separated from ownership
of the Lot which gives rise to such membership. Ownership of a
Lot or interest therein shall be the sole qualification for mem-
bership.. A Member may not possess more than one membership in
the Association but shall have the votes for each Lot owned as
set forth below and in the Declaration. Transfer of a Lot shall
automatically transfer membership in the Association and all
rights of the transferor with respect to use of the Common Area
and the membership of the transferor shall automatically
terminate. The provisions of these Bylaws, which are binding
upon all Members, are not exclusive, and Members shall also be
subject to the terms and provisions of the Declaration, the
Articles and Association rules and regulations.
Section 2. Voting Rights. The Association shall have one
(1) class of voting membership as described in the Declaration.
Each member shall be entitled to one (1) vote for each Lot
owned. Voting rights attributable to ownership of Lots shall not
vest until assessments against those Lots have been levied by the
Association.
Section 3. Assessments. The Members shall be personally
liable for the payment of such assessments as may be fixed and
levied by the Board pursuant to the Declaration. Should any. Mem-
ber fail to pay his assessments before delinquency, the Associa-
tion, at the discretion' of the Board, shall have the right to
suspend the voting rights of such Member, subject to the pro-
cedural safeguards established under Section 4 of this Article,
for any period during which the payment of any such assessments
remains delinquent.
Section 4 . Association Rules; Enforcement . The Board shall
have the power to adopt, amend, and repeal such rules and regula-
tions as it deems reasonable, which may include the establishment
of a system of fines and penalties enforceable as a Reimbursement
Assessment pursuant to the Declaration. . Any such disciplinary
action by the Board shall satisfy the minimum requirements of
Section 7341 of the Corporations Code before a decision to impose
disciplinary action is reached with respect to the accused Mem-
ber . The rules and regulations, shall also provide that no fine
or penalty shall be levied without the following procedural safe-
guards:
. (a) A written statement of the alleged violations shall
be provided to any Member against' whom such charges are made,
specifying the date on which the charges shall be heard;
(b) No proceedings under this Section shall be brought
against any Member unless that Member has received the written
statement of charges at least fifteen (15) days but not more than
thirty (30) days prior to the hearing;
(c) The Board shall appoint a panel of three (3) cap-
able persons (one of whom shall be designated a chairman) who may
or may not be Members and who shall hear the charges and evaluate
the evidence of the alleged violation;
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(d) At the hearing, the Member so charged shall have
the right to present oral and written evidence and to confront
and cross-examine adverse witnesses;
(e) The panel shall deliver to the Member so charged,
within seven (7) days after the hearing, a written decision which
specifies the fines or. penalties levied, if any, and the reasons
therefor;
(f) In the event the Member corrects an alleged viola-
tion prior to the hearing date, the Board shall discontinue the
proceedings .
ARTICLE IV
MEETINGS OF MEMBERS
Section 1. Place of Meetings. All meetings of Members shall
be held at. the Property or as close thereto as possible, or at
such other place within the County of Riverside as may be fixed
by resolution of the Board. Unless unusual conditions exist,
meetings of Members shall not be held outside said. County.
Section 2. Annual Meetings. Annual meetings of the Members
shall be held on the same month of each year thereafter, at such
reasonable hour as may be established by the Board; provided,
however, that the Board by resolution may fix a date for the
meeting no more, than thirty (30) days before or after said
date. If the day for the annual meeting of the Members is a
legal holiday, the meeting will be held at the same hour on the
first day thereafter which is not a legal holiday.
Section 3. Special Meetings. Special ,meetings of the Mem-
bers shall be promptly called by the Board upon either (i) the
vote for such a meeting by a majority of a quorum of the Board
or, (ii) the receipt of a written request therefor signed by Mem-
bers representing at least five percent ( 5%) of the total voting
power of the Association.
Section 4. Notice of Meetings. Written notice of meetings,
annual or special, shall be given to each Member entitled to
vote, either personally or by sending a copy of the notice by
first class mail, postage prepaid, to his address appearing on
the books of the Association, or supplied by him to the Associa-
tion for the purpose of notice or by any other means permitted by
law. All such notices shall be sent to each Member entitled
thereto not less than ten (10) days nor more than ninety (90)
days before each meeting, and shall specify the place, the day
and the hour of such meeting, and (i) in the case of special
meetings, the general nature of the business to be transacted,
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and no other business may be transacted, or (ii) in the case of
annual meetings, those matters which the Board, at the time of
giving the notice, intends to present for action by the Members.
Any approval of the Members required under Sections 7222, 7224,
7233, 7812 or 8719 of the California Corporations Code, other
than unanimous approval by those entitled to vote, shall be valid
only if the general nature of the proposal so approved was stated
in the notice of the meeting. When any meeting of Members,
either annual or special, is adjourned for thirty ( 30) days or
more, notice of the time and place of the adjourned meeting shall
be given as in the case of an original meeting. Except as afore-
said, it shall not be necessary to give any notice of an adjourn-
ment or of the business to be transacted at an adjourned meeting
other than by announcement thereof at the meeting at which such
adjournment is taken.
Section 5. Quorum. The presence at the meeting, in person
or by proxy, of Members entitled to cast a majority of the voting
power (fifty percent ( 50%) plus one ( 1) ) shall constitute a quo-
rum for any action except as otherwise provided in the Articles,
the Declaration or these Bylaws .
Section 6 . Adjournment for Lack of Quorum. If any meeting
cannot be held because a quorum is not present, a majority of the
Members present, either in person or by proxy, may adjourn the
meeting but may not transact any other business. Adjournment
shall be to a date not less than five ( 5) days nor more than
thirty ( 30) days from the date the original meeting was called.
The quorum for an adjourned meeting shall be as set forth in Sec-
tion 5 above. If a time and place for the adjourned meeting is
not fixed by those in attendance at the original meeting, or if
for any reason a new date is fixed for the adjourned meeting af-
ter adjournment, notice of the time and place of the adjourned
meeting shall be given in the manner prescribed for all meetings,
annual or special. Except where a greater portion of the voting
power is required by the Articles, the Declaration, or these By-
laws, a majority of the voting power present, in person or by
proxy, shall prevail at all meetings . .
Section 7 . Consent of Absentees . The transaction of any
business at any meeting of Members, either annual or special,
however called and noticed, shall be as valid as though transact-
ed at a meeting duly held after regular call and notice if a quo-
rum is present either in person or by proxy, and if either before
or after the meeting, each of the Members entitled to vote, not
present in person or by proxy, signs a written waiver of notice,
or a consent to the holding of such meeting, or approval of the
minutes thereof. All such waivers, consents or approvals shall
be filed with the records of the Association or made a part of
the minutes of the meeting.
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Section 8 . Proxies . Every Member entitled to vote or exe-
cute consents shall have the right to do so either in person, or
by an agent or agents authorized by a written proxy executed by
the Member or his duly authorized agent and filed with the Secre-
tary of the Association. A validly executed proxy that does not
state that it is irrevocable shall continue in full force and
effect unless ( i) revoked by the Member executing it prior to the
vote pursuant thereto, or ( ii) written notice of the death or in-
capacity of the maker of the proxy is received by the Association
before the vote pursuant thereto is counted; provided, however,
that no proxy shall be valid after the expiration of eleven (11)
months from the date of the proxy, unless otherwise provided in
the proxy, except that the maximum term of any proxy shall not
exceed three ( 3) years from the date of execution. Anything to
the contrary notwithstanding, any revocable proxy covering
matters requiring a vote of the Members pursuant to Sections
7222, 7224, 7233, 7613 ( f) ( 1) , 7812, 7911(a) ( 2) , 8012, 8015(a) ,
8610 or 8719(a) of the California Corporations Code is not valid
as to such matters unless it sets forth the general nature of the
matter to be voted on.
Section 9 . Form of Solicited Proxies . If the Association
'has more than 100 Members, any form of proxy distributed to 10 or
more Members shall afford an opportunity on the proxy to specify
a choice between approval and disapproval of each matter or group
of related matters intended, at the time .the proxy is distribut-
ed, to be acted upon at the meeting for which the proxy is
solicited, except it shall not be mandatory that a candidate for
election to the governing body be named in the proxy. Any such
form of proxy also shall provide, subject to reasonable specified
conditions, that where the person solicited specifies a choice
with respect to any such matter the vote shall be cast in accor-
dance therewith. The proxy also shall identify the person or
persons authorized to exercise the proxy and the length of time
it will be valid. In any election of Directors, any form of
proxy in which the Directors to be voted upon are named therein
as candidates and which is marked by a Member "withhold" or
otherwise marked in a manner indicating that the authority to
vote for the election of Directors is withheld, shall not be
voted either for or against the election of a Director . Failure
to comply with this paragraph shall not invalidate any
Association action taken, but may be the basis for challenging
any proxy at a meeting and the superior court may compel
compliance therewith at the suit of any Member .
Section 10 . Record Date . The Board may fix a date, not more
than ninety (90) nor less than ten (10) days preceding the date
of any annual or special meeting of the Members, as a record date
for the determination of the Members entitled to notice of and to
vote at any such meeting. Only Members of record and in good
standing as of the record date shall be entitled to notice of and
to vote at any such meeting, notwithstanding any transfer of a
membership on the books of the Association after such record
date.
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Section 11. Action Without Meeting. Any action which may be
taken by the vote of the Members at a regular or special meeting,
except the election of Directors where cumulative voting is a re-
quirement, may. be taken without a meeting if done in compliance
with the provisions of Section 7513 of the Corporations Code.
ARTICLE V
BOARD OF DIRECTORS
Section 1. Powers and Duties. In addition to the powers and
duties of the Board described in the Declaration, the Articles,
or elsewhere in these Bylaws, and subject to limitations contain-
ed in these documents and the California Nonprofit Mutual Benefit
Corporation Law concerning actions requiring approval or authori-
zation by the Members, all corporate powers shall be exercised .by
or under the authority of, and the business and affairs of the
Association shall be controlled by the Board. These powers shall
include, without limitation, the following:
(a) To select, appoint and remove all.-officers, agents
and employees of the Association, to prescribe such powers and
duties for them as may be consistent with law, the Articles, the
Declaration and these Bylaws, to fix their compensation and to
require from them security for faithful service when deemed ad-
visable by the Board.
(b) To conduct, manage and control the affairs and
business of the Association, and to enforce such rules and regu-
lations therefor consistent with law, the Articles, the Declara-
tion and these Bylaws, as the Board may deem necessary or advis-
able.
(c) To maintain the Property and the Common Area- in the
manner described in the Declaration, but subject to the limita-
tions on the power of the Board specifically described therein
and in these Bylaws.
(d) Upon dissolution of the Association, to distribute
Association assets according to Corporations Code Sections 8713-
8720, as amended.
Section 2. Number and Qualifications . The number of Direc-
tors of the Association shall be five ( 5) until changed by a duly
adopted amendment to this section. In no event shall any amend-
ment decrease the number of Directors below three ( 3) . No person
may serve as a Director without being a Member .
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Section 3 . Election and Term. At the first annual meeting
of the Association after the adoption of these Bylaws, the
Members shall elect Directors to fill all positions on the
Board. The original five ( 5) Directors so elected shall, by
drawing lots, designate that three ( 3) of the Directors so
elected shall serve for a term of one (1) year, while the
remaining two ( 2) Directors shall serve for two ( 2) years. At
each annual meeting thereafter, the Members shall elect three ( 3)
or two ( 2) Directors respectively, for a term of two (2) years,
to succeed those Directors whose terms have expired.
Section 4. Nomination. Nominations for the office of Direc-
tor shall be made by a Nominating Committee consisting of a
chairman, who shall be a member of the Board, and two (2) or more
Members of the Association. All members of the Nominating Com-
mittee shall be appointed by the Board prior to each annual meet-
ing of the Members, to serve from the close of such annual meet-
ing until the close of the next annual meeting. The Nominating
Committee shall make as many nominations for election to the
Board as it shall in its discretion determine, but not less than
the number of vacancies that are to be filled. Nominations may
also be made by the Members from the floor at the annual meeting
or such other meeting at which Directors are to be elected.
Section 5. Election Procedures . Election to the Board shall
be by secret written ballot. Every Member entitled to vote at
any election of Directors shall have one (1) vote for each
vacancy, multiplied by the number of votes to which he is
entitled. Cumulative voting is not authorized. The nominees
receiving the largest number of votes, up to the number of vacan-
cies to be filled, shall be elected as Directors.
Section 6 . Removal. At any properly noticed annual or spe-
cial meeting of the Members, the entire Board or any individual
Director may be removed from office. If the Association has few-
er than fifty ( 50) members, such removal must be approved by a
majority of all Members as defined by Corporations Code Section
5033 . If the Association has 50 or more Members, removal must be
approved by the Members as defined in Corporations Code Section
5034.
Unless the entire Board is removed from office, no indi-
vidual Director shall be removed prior to the expiration of his
term of office if the votes cast against removal would be suffi-
cient to elect the Director if voted cumulatively at an election
at which the same total number of votes were cast and the entire
number of Directors authorized at the time of the most recent
election of such Director were then being elected. In the event
that any or all Directors are so removed, new Directors may be
elected at the same meeting.
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Section 7 . Vacancies. A vacancy shall be deemed to exist in
the case of the death, resignation or removal of any Director.
Any vacancy created by the death or resignation of a Director may
be filled by a vote of a majority of the remaining Directors,
though less than a quorum, and each Director so elected shall
serve for the unexpired term of his predecessor. Any vacancy
created by the removal of a Director shall be filled by an
election of the Members of the Association according to the
provisions of Section 5 of this Article.
- If the authorized number of Directors is increased as
provided in these Bylaws, but additional Directors are not elect-
ed at the meeting at which such increase is authorized, or at an
adjournment thereof, or in case the Members at any time fail to
elect the full number of authorized Directors, a vacancy or
vacancies shall be deemed to exist. The Members may at any time
elect Directors to fill any vacancy not filled by the Directors,
and may elect the additional Directors at the meeting at which an
amendment of the Bylaws is voted authorizing an increase in the
number of Directors. No reduction of the number of Directors
shall have the effect of removing any Director prior to the expi-
ration of his term of office.
Section 8 . Regular Meetings . Regular meetings of the Board
shall be held monthly, or at such other times, and at such place
and hour within the Property as may be fixed by resolution of the
Board. Notice of time and place of each meeting shall be posted
at a prominent place or places within the Property at least three
(3) days prior to the meeting date, and shall be communicated to
Directors not less than four (4) days prior to the meeting date;
provided, however, that notice of a meeting need not be given to
any Director who has signed a waiver of notice or written consent
to the holding of the meeting.
Section 9 . Special Meetings. Special meetings of the Board
may be called by written notice signed by the President of the
Association, or by any two ( 2) Directors other than the Presi-
dent, after not less than seventy-two (72) hours notice to each
Director . The notice shall specify the time and place of the
meeting and the nature *of any special business to be considered.
The notice shall be sent to all Directors and posted in a manner
prescribed for notice of regular meetings not less than seventy-
two (72) hours prior to the scheduled time of the meeting; pro-
vided, however, such notice need not be given to any Director who
signs a waiver of notice or a written consent to holding of the
meeting.
Section 10 . Attendance at Meetings; Executive Sessions .
Regular and special meetings of the Board shall be open to all
Members of the Association; provided, however, that Members who
are not on the Board may not participate in any deliberation or
discussion unless expressly so authorized by the vote of a major-
ity of a quorum of the Board. The Board may, by the vote of a
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majority of a quorum, adjourn a regular or special meeting and
reconvene in executive session to discuss and vote upon personnel
matters, litigation in which the Association is or may become in-
volved, and other business of a similar nature. Executive ses-
sions shall not be open to the general membership, but the nature
of any and all business to be considered in executive session
shall first be announced in open session.
Section 11. Quorum: A majority of the number of Directors
as fixed by these Bylaws shall constitute a quorum for the trans-
action of business. Every act or decision made or done by a
majority of the Directors present at a meeting duly held at which
a quorum is present shall be regarded as the act of the Board.
Section 12. Organizational Meeting. Immediately following
each annual meeting of the Members, the Board shall hold a regu-
lar meeting for the purpose of organization, election of Officers
and the transaction of other business . Notice of such meeting is
hereby waived.
Section 13 . Adjournment. A quorum of the Directors may ad-
journ any Board meeting to meet again at a stated day and hour;
provided, however, that in the absence of a quorum, the majority
of the Directors present at any Board meeting, either regular or
special, may adjourn from time to time until the time fixed for
the next regular meeting of the Board.
Section 14. Action Without Meeting. Any action required or
permitted to be taken by the Board may be taken without a meeting
if all Directors consent in writing to such action. Such written
consents shall be filed with the minutes of the proceedings of
the Board. Such action by written consent shall have the same
force and effect as a unanimous vote of the Directors, and an ex-
planation of any action so taken shall be posted in a prominent
place or places within the Property within three (3) days after
the written consents of all Directors have been obtained.
Section 15. Indemnification of Directors, Officers and Em-
ployees. The Association may, to the maximum extent permitted by
Section 7237 of the Corporations Code, reimburse, indemnify and
hold harmless each Director, Officer and employee of the Associa-
tion and each person who, at the request of the Association acts
as a director, officer or employee of any other corporation in
which the Association has an interest, from and against all loss,
cost, liability and expense which may be imposed upon or reason-
ably incurred by him, including reasonable settlement payments,
in connection with any claim, action, suit or proceeding or
threat thereof, made or instituted, in which he may be involved
or be made a party by reason of his being or having been a Direc-
tor , Officer or employee of the Association or such other corpo-
ration, or by reason of any action alleged to have been taken or
omitted by him in such capacity. The right of indemnification
provided herein, shall inure to each person referred to herein,
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whether or not the claim asserted against ,him is based on matters
which arose in whole or in part prior to the adoption of this
Section and in the event of his death shall extend to his legal
representatives.
Section 16.. Fees and Compensation. No Director or Officer
shall receive any salary for his services as a Director or offi-
cer. Nothing herein shall be construed to preclude any Director
or Officer from servicing the Association as agent, counsel,, or
in any capacity other than as Director or Officer, and receiving
compensation for such services. Directors may also be reimbursed
for any actual expenses incurred in the performance of duties as
Directors.
Section 17. Records . The Board shall cause to be kept a
complete record of all its acts and corporate affairs and to pre-
sent a statement thereof to the Members at annual meetings of
Members or at any special meeting where such statement is .re
-
quested in writing by one-fourth ( 1/4) of the Members entitled to
vote thereat .
ARTICLE VI
OFFICERS AND THEIR DUTIES
Section 1. Officers. The Officers of the Association shall
be ` a President and Vice President, who shall at all times . be
Directors, a Secretary and a Treasurer (who may, but need not be
Directors) , and such other officers as the Board may from time to
time by resolution establish.
Section 2. Election. The Officers of the Association shall
be elected by the Board at the organization meeting of each new
Board and shall hold office at the pleasure of the Board.
Section 3. Term. The Officers of the Association shall be
elected annually by the Board and each shall hold office for one
(1) year unless he sooner resigns, is removed, is an interim
officer, or is otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such
interim or other Officers as the affairs of the Association may
require, each of whom shall hold office for such period, have
such authority, and perform such duties as the Board may
determine.
Section 5.. Resignation and Removal. Any Officer may be re-
moveU from office with or without cause by the Board. Any offi-
cer may resign at any time by giving written notice to the Board,
the President or the Secretary. Such resignation shall take
effect on the date of receipt of such notice or at any later time
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specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 6. Vacancies. A vacancy in any office may be filled
in the manner prescribed for regular election. The person elect-
ed to such vacancy shall serve for the remainder of the term of
the Officer he replaces .
Section 7 . Multiple Offices . The offices of Secretary and
Treasurer may be held by the same person. No person shall simul-
taneously hold more than one of the other offices except in the
case of special offices created pursuant to Section 4 above.
Section 8 . Duties . The duties of the Officers shall be as
follows:
(a) President. The President shall be the chief execu-
tive officer of the Association and, subject to the control of
the Board and provisions of the Declaration, shall have general
supervision, direction and control of the business and affairs of
the Association. The President shall be an ex officio member of
any standing committees and shall have the general powers and
duties of management usually vested in the office of the presi-
dent of a corporation, and such other powers and duties as may be
prescribed by the Board or these Bylaws.
(b) Vice President. The Vice President shall act in
the place and stead of the President in the event of his absence,
inability or refusal to act, and shall exercise and discharge
such other duties as may be required of him by the Board.
(c) Secretary. The Secretary shall record the votes
and keep the minutes of all meetings and proceedings of the Board
and of the Members; serve notice of meetings of the Board and of
its members; keep the corporate seal of the Association and affix
it to all papers requiring such seal; keep, or cause to be kept,
appropriate current records showing the Members of the Associa-
tion, together with their addresses, and shall perform such other
duties as may be required by the Board.
(d) Treasurer. The Treasurer shall keep and maintain
adequate and correct accounts of the properties and business
transactions of the Association. Books of account shall be open
to inspection by any Director or Member at all reasonable times
as described below. The Treasurer shall receive and deposit in
appropriate bank accounts all monies of the Association and shall
disburse such funds as directed by the Board, shall render to the
President and Directors whenever they request it an account of
all of his transactions as Treasurer and of the financial condi-
tion of the Association, and shall have such other powers and
perform such other duties as may be prescribed by the Board or
these Bylaws.
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ARTICLE VII
BOOKS, RECORDS AND FINANCIAL REPORTS
Section 1. Inspection of Corporate Records. The membership
register, including mailing addresses and telephone numbers,
books of account, and minutes of meetings of the Members, Board
meetings and meetings of committees of the Board, shall be
available for inspection and copying by any Member or his duly
appointed representative at any reasonable time and for a purpose
reasonably related to his interest as a Member, at the office of
the Association or such other place as the Board may prescribe.
The Board may establish reasonable rules concerning the notice to
be given to the custodian of records by the Member desiring to
inspect them, the hours and days of the week when such an
inspection may be made, and the payment of cost of reproducing
copies of documents requested by a Member .
Every Director shall have the absolute right at any rea-
sonable time to inspect all books, records and documents of the
Association and the physical properties owned or controlled by
the Association. The right of inspection by a Director includes
the right to make extracts and copies of documents .
Section 2. Inspection of Bylaws . The Association shall keep
in its principal office the original or a copy of the Bylaws as
amended, certified by the Secretary, which shall be open to in-
spection by all of the Members at all reasonable times .
Section 3 . Checks, Drafts, etc. All checks, - drafts, or
other orders for payment of money, notes or other evidences of
indebtedness, issued in the name of or payable to the Associa-
tion, shall be signed or endorsed by such Officer or Officers and
in such manner as shall be determined by resolution of the Board.
Section 4 . Contracts. Except as otherwise provided in these
Bylaws, the Board may authorize any Officer(s) or agent(s) to en-
ter into any contract or execute any instrument in the name of
and on behalf of the Association, and such authority may be gen-
eral or confined to specific instances. Unless so authorized by
the Board, no Officer, agent or employee shall have any power or
authority to bind the Association by any contract or engagement
or to pledge its credit or to render it liable for any purpose or
for any amount.
The Board shall not enter into any contracts for goods
or services with a duration greater than one (1) year without the
vote or written consent of a majority of the total voting power
of the Association, with the following exceptions : ( i) a
management contract provided that the management contract may be
terminated by either party without cause or payment upon ninety
(90) days' written notice; (ii) a contract with a public utility
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company if the rates charged for the materials or services are
regulated by the Public Utilities Commission; provided, however,
that the term of the contract shall not exceed the shortest term
for which the supplier will contract at the regulated rate; or
(iii) prepaid casualty and/or liability insurance policies of not
to exceed three (3) years' duration, provided that the policy
permits short rate cancellation by the insured.
Section 5. Budgets and Financial Statements. The Board
shall cause financial statements for the Association to be pre-
pared and sent to each Member as follows:
(a) A pro forma operating statement (budget) for each
fiscal year . This budget shall contain at least the following
information:
( i) A statement of the estimated revenues of the
Association, prepared on an accrual basis;
( ii) The amount of the total cash reserves of the
Association currently available for replacement or major
repair of Common Area facilities and for material contingen-
cies;
(iii) An itemized estimate of the remaining life of,
and the methods of funding to defray the costs of repair, re-
placement or additions to major components of the Common
Areas or any improvements which the Association is
responsible to maintain;
(iv) A general statement describing the procedures
used by the Association for the calculation and establishment
of reserves to defray the costs of repair, replacement or ad-
dition to major components of the Common Areas and Improve-
ments which the Association is responsible to maintain.
(b) An annual report consisting of a balance sheet as
of the last day of the fiscal year and an operating (income)
statement for the fiscal year shall be distributed within one
hundred twenty (120) days after the closing of the fiscal year to
each Member of the Association. Such annual report shall include
a statement of changes in financial position for the fiscal year
and any information required to be reported under Section 8322 of
the Corporations Code. If such annual report is not prepared by
an independent accountant as may be required by Section 6 of this
Article, it shall be accompanied by the certificate of an author-
ized officer of the Association that the statements contained
therein were prepared without audit from the books and records of
the Association.
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(c) For any fiscal year in which the gross income of
the Association exceeds Seventy-Five Thousand Dollars
($75,000.00) , a review of the financial statements (other than
budgets) of the Association shall be prepared in accordance with
generally accepted accounting principles by a licensee of the
California State Board of Accountancy and distributed within one
hundred twenty (120) days after the close of the fiscal year .
(d) The Board ' shall also distribute annually, within
sixty (60) days prior to the beginning of the fiscal year a
statement describing the Association' s policies and practices in
enforcing its lien rights and other remedies against Owners for
defaults in the payment of Regular and Special Assessments .
Section 6. Reconciliations and Review. The Board shall do
the following. not less frequently than quarterly:
(a) Cause a current reconciliation of the Association' s
operating accounts to be made and review the same.
(b) Cause a current reconciliation of the Association' s
reserve accounts to be made and review the same.
(c) Review the current year ' s actual reserve revenues
and expenses compared to the current year ' s budget.
(d) Review the most current account statements prepared
by the financial institution where the Association
has its operating and reserve accounts.
(e) Review an income and expense statement for the
Association's operating and reserve accounts .
Section 7 : Withdrawal of Reserves. Withdrawal of funds from
the Association's reserve account(s) shall require the signatures
of either :
(a) Two members of the Board;. or
(b) , One member of the Board and an Officer of the
Association who is not also a member of the Board.
Section 8 . Fiscal Year. The fiscal year of the Association
shall be a calendar year.
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ARTICLE VIII
AMENDMENT/CONSTRUCTION
Section 1. Amendment Procedure. These Bylaws may be amended
or repealed only by the vote or written assent of Members
entitled to exercise a majority of the voting power of the
Association. Notwithstanding the foregoing, the percentage of a
quorum or of the voting power of the Association or of Members
necessary to amend a specific clause or provision of these Bylaws
shall not be less than the prescribed percentage of affirmative
votes required for action to be taken under that clause.
Section 2. Record of Amendments . Whenever an amendment or
new Bylaw is adopted it shall be placed in the book of Bylaws in
the appropriate place. If any Bylaw is repealed, the fact of re-
peal, with the date of the meeting at which the repeal was enact-
ed or written assent was filed, shall be stated in said book.
Section 3 . Construction. In the case of any conflict be-
tween the Articles and these Bylaws,' the Articles shall control;
and in the case of a conflict between the Declaration and the By-
laws, the Declaration shall control. Wherever the context of
these Bylaws so requires, the singular shall include the plural,
and the masculine shall include the feminine.
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CERTIFICATION
I, the undersigned; do hereby certify:
That I am the Secretary of Avondale Homeowners Association, a
California nonprofit corporation.
That. the foregoing Bylaws constitute the original Amended and
Restated Bylaws of said Association which were approved by the
written consent of Owners owning not less than two-thirds (2/3)
of the Lots within the Property, evidence of which is on file in
the office of the Association.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed the seal of said Association this day of
1988.
Secretary
(SEAL)
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