Rules & Regulations
As of 2019
Table of Contents
1. DAILY USE OF UNITS …..2
2. SMOKING RESTRICTIONS …..3
3. NUISANCE ACTIVITY …..3
4. UNIT ACCESS ……3
5. MEMBERS’ AND OCCUPANTS’ LIABILITIES ……4
6. PETS ……4
7. OCCUPANCY DATA ……5
9. LEASES AND SALES …..6
10. GATE CONTROL …..7
11. GUESTS ……..7
12. MAINTENANCE AND REPAIR;
USE OF ASSOCIATION EMPLOYEES …..8
13. STRUCTURAL ALTERATIONS …….8
14. GENERAL AREAS ……9
15. FIRE AND DISASTER …….9
16. ELEVATORS ……………………………………………………………………………………………………….9
17. BALCONIES AND PATIOS ………………………………………………………………………………..10
18. STORAGE ………………………………………………………………………………………………………….10
19. PEST CONTROL ………………………………………………………………………………………………..11
20. SIGNS AND BULLETIN BOARDS………………………………………………………………………11
21. PARKING RULES AND REGULATIONS ……………………………………………………………11
22. LAUNDRY ROOMS ……………………………………………………………………………………………18
23. RECREATION ROOMS ………………………………………………………………………………………18
24. SWIMMING POOLS …………………………………………………………………………………………..21
25. SPA ……………………………………………………………………………………………………………………22
26. SAUNA ROOMS…………………………………………………………………………………………………22
27. GYM ………………………………………………………………………………………………………………….23
28. TENNIS COURTS……………………………………………………………………………………………….24
29. POOL TABLES …………………………………………………………………………………………………..25
30. ENFORCEMENT ………………………………………………………………………………………………..25
31. ASSESSMENTS (CC&RS ARTICLE V) ……………………………………………………………….27
These Rules and Regulations are for the safety and well-being of the Association residents and for the enhancement of our property. Please be advised that the following overview is not exhaustive and does not relieve the owners of the obligation to comply with restrictions in the Association’s governing documents (e.g., the Association’s Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) and Bylaws). Each owner should carefully review the Association’s governing documents to ensure he or she is in compliance therewith. Each owner is also obligated to ensure that any one living in or visiting such owner’s unit (including, but not limited to, family members, roommates, guests, contractors and invitees) obey the restrictions contained in the Association’s governing documents. Owners are totally responsible for the failure of their tenants, family members, guests and invitees to comply with the Association’s governing documents. For purposes of these Rules and Regulations, except when the context otherwise requires, “Owner” shall include the occupants/residents of the unit, and their guests and invitees.
As a reminder, the Association is NOT an apartment complex. There is no “Landlord” to “take care of things.” Each owner is responsible for the care and cost of maintaining his or her unit. All owners, jointly, are responsible for the costs of maintaining and operating the common areas through the payment of assessments. The quality and quantity of services and facilities at Cahuenga Hills depend entirely upon what you and your fellow owners want and are willing to pay for. The Association reserves the right to modify or change any of the services, facilities or rules and regulations as described herein.
The Association employs a Manager who is responsible for implementing the policies established by the Board of Directors, for the day-to-day operations of the Association, and for the direction of employees of the Association. The Manager has an office. During regular business hours, Owners may contact the Manager’s Office (323-851- 5211) or the Management Company (818-907-6622). Evenings or weekends, or in case of emergency, Owners may contact the Association Emergency Contact Person (323-404-4827) or the Board of Directors (323-445-6364).
The Association also employs various other personnel, either directly or indirectly, through its contracted services. All employees are hired and paid with the understanding that they are not to expect or solicit tips in any manner. They are also instructed not to render any additional or personal services during paid working hours to individuals who may wish to tip them for such extra attention. Employees are authorized to perform personal services for Owners after hours or on whatever arrangements are made with the Owners. 3822630.1 2
1. DAILY USE OF UNITS
1.1 All units shall be used for residential purposes only. No Owner shall use or permit his or her premises to be used for the purpose of conducting a business or profession therein, which requires that the public visit Cahuenga Hills on a regular basis or which generates external evidence of the same. Businesses that require “working at home” are not included.
1.2 Food waste should be disposed of in the kitchen food disposal, except that garbage consisting of such matter as corn cobs, fibrous vegetables, bones, etc. which are difficult to process through grinders must be drained and securely contained before being carried to the trash room for disposal in the trash chute.
1.3 Trash must be disposed of in accordance with notices posted on the trash chute. Trash room doors will be kept closed at all times. Large boxes or bulky material may not be placed in the trash chute or trash chute area.
1.4 No item whatsoever shall be dusted or shaken from unit windows, balconies or in the hallways or stairways.
1.5 No dirt or debris shall be swept over or off the edge of the balcony at any time.
1.6 Cigars, cigarettes and other objects shall not be thrown from windows, balconies or on any common area.
1.7 Objectionable fumes or cooking odors shall not be permitted by an occupant to escape from a unit into the halls by leaving doors ajar into the corridors.
1.8 Construction, repairs and maintenance (except in emergency) involving drilling, sawing or hammering will be limited to the hours of 8:00 a.m. to 6:00 p.m. weekdays and 10:00 a.m. to 6:00 p.m. on Saturdays. Pursuant to City Ordinance, construction and repairs are NOT allowed on Sundays and holidays, except with special permission from the Board of Directors.
1.9 All unit occupants are required to keep their units and those portions of the restricted common area over which they have exclusive easements, such as the assigned parking spaces, in a good state of cleanliness and repair at all times.
1.10 Owners/occupants shall not be permitted to install any electrical equipment, including shop machinery or heavy-duty office equipment, which may overload the electrical circuits of the project or of his unit.
1.11 No Owner/occupant shall place in the plumbing facilities anything which will cause backups or problems to the common plumbing areas. Failure to adhere to this regulation may subject the Owner to responsibility for repair of the plumbing.
1.12 All Residents must respect “Quiet Hours” within the Complex. Ambient noise (music, conversation, etc.) must be non-detectable from 9:00 p.m. to 8:00 a.m. on weekdays and 11:00 p.m. to 10:00 a.m. on weekends. This includes noise from balconies, patios, or from within units (e.g., excessively loud music or television, yelling or from hard-surfaced flooring).
2. SMOKING RESTRICTIONS
2.1 Smoking is only allowed within units and in those portions of the common area identified below. If smoking within units becomes a nuisance to neighbors it must be controlled or mitigated by the owner. It is recommended that owners who smoke inside their units do so with the windows and balcony/patio doors closed.
2.2 Smoking is not allowed on balconies and/or patios.
2.3 No smoking is allowed within twenty (20) feet or any windows or doors, excluding the inside of an Owner’s unit.
2.4 Smoking is prohibited in hallways, the recreation rooms, gym, tennis courts, sundeck, saunas, and lobbies.
2.5 Smoking is allowed at the pool (outside of the twenty (20) feet radius from doors and windows) and the spa unless a resident or guest complaints. If there is a complaint, smoking must stop at once.
2.6 All cigarette butts must be disposed of properly in trash receptacles and/or ashtrays. Anyone witnessed tossing their butts onto the ground, into the bushes or into any other inappropriate area will be subject to fines.
3. NUISANCE ACTIVITY
3.1 No Owner shall permit or suffer anything to be done or kept upon the Project which shall obstruct or interfere with the rights of other Owners or annoy them by unreasonable noises or otherwise; nor shall he commit or permit any nuisance on the Project, or commit or suffer any immoral or illegal act to be committed thereon. Due consideration at all hours must be given in the operation of any radio, television, musical instrument, the care of pets and any other source of sound inside a unit so that the sound therefrom will not unreasonably or unnecessarily disturb other occupants. In the common area, nuisance activity may include excessive use of alcoholic beverages; loud noises, tumultuous or boisterous conduct; abuse or misuse of any of the common areas or any of the equipment therein, including but not limited to pools, spa, saunas, tennis courts, recreation rooms and gym; failure to control pets, etc.
3.2 Any person or pet causing disturbance in the common areas will be ejected.
4. UNIT ACCESS
4.1 Every occupant is obligated to cooperate when the Association or its representative makes reasonable requests for access to his or her unit. The occupant shall receive written notice in advance, except in emergency, of the date and type of work to be performed in
his unit. Unless the occupant notifies the Manager to the contrary, the work will be performed as scheduled. 3822630.14 The Manager shall be responsible for admitting the workmen required to complete the scheduled maintenance. If an occupant’s denial of access results in additional costs and expenses to the Association, the Board may charge such cost to the Owner. Additionally, the Board may impose a fine against an owner for denial access to the unit to make repairs for which the Association is responsible or for other purposes identified in the CC&Rs.
4.2 Residents must make arrangements for admittance of servants, deliveries, etc. to the Unit. Association management and/or the Association have no responsibility for performing such service.
4.3 Employees are instructed not to open a unit during a Resident’s absence unless specifically authorized by the Owner/Occupant in writing or unless in the event of any emergency.
5. MEMBERS’ AND OCCUPANTS’ LIABILITIES
5.1 Each Owner shall be responsible for any damage to the Association property committed by himself or herself or anyone living in or visiting such Owner’s unit. The cost of the repair of such damage shall be assessed to the Owner of the unit and shall be immediately due and payable upon presentation of the bill. Late payment shall be subject to a penalty. The failure of an Owner to maintain plumbing and household equipment in such condition as will not permit damage to the property of others shall be deemed to be negligence within the meaning of the Article.
6.1 This is a pet friendly community, but Owners must take responsibility in all ways to protect the quality of life of all residents.
6.2 Dogs, cats and other domestic pets are allowed in the project in reasonable numbers, provided the same shall not disturb or annoy other Owners or tenants thereof. Any person whose pet is a nuisance will be required to remove such a pet from the premises. If the pet disturbs other residents in the building by crying, barking, biting or in any other way, notice will be given to have the annoyance discontinued and, if not corrected, the pet must be removed from the building; provided, however, the Association shall have the right to cause the immediate removal of a pet from the project in the event the Board determines the same proposes an immediate threat to the safety of the other residents.
6.3 Occupants keeping pets in their units shall assume full responsibility for personal injuries or property damage caused by the pet. The Management and the Association assumes no responsibility for any loss, claim or liability of any kind or character whatsoever arising from or growing out of an occupant’s keeping of a pet in the Project.
6.4 Pets must enter and exit by use of the stairs. Pets are not permitted to use the elevators unless with written permission from the Board of Directors, to be granted based on advanced age or infirmity of the pet or as may be required under state/federal fair housing laws. 3822630.1 5
6.5 All pets are to be short-leashed (6’ or less) at all times in the buildings proper or in common areas, except those areas pre-designated by the Board (“dog walk areas”).
6.6 Pets shall not be left unattended on balconies or other limited or common areas.
6.7 Pet feeding devices, housing or litter boxes are prohibited on balconies.
6.8 Dogs and cats must wear flea collars or repellant devices. If necessary, the pet owner shall absorb the expense of special exterminations to rid the buildings of fleas, as this service is not covered in a regular exterminating contract.
6.9 Under no circumstances shall pets be permitted to relieve themselves on or in any of the common areas, including, but not limited to, hallways, garages, driveways, parking areas, lawns and flower beds. All owners of dogs are required to clean up after their pets by picking up all droppings if such occasion should become necessary. Pet owners will be charged for cleanup and fined (after notice and hearing) if pets create a nuisance in any common areas.
6.10 Pets are permitted at the pool area and sun deck only with prior permission from the Board of Directors.
6.11 Pets are never allowed on the tennis courts, in the gym, in the saunas or in the Recreation Rooms.
7. OCCUPANCY DATA
7.1 The Manager or a designated representative of the Board will maintain a roster including name, unit number, names of all other occupants in the unit, the telephone number of each occupant and each occupant’s business telephone number and similar data on persons to be notified in emergencies.
7.2 The Manager or a designated representative of the Board will maintain a roster of each occupant’s current motor vehicle registration plate number(s), and each Owner will register all of such Owner’s vehicles with the representative and affix the CHTC parking identification tab to the vehicle(s) rear view mirror(s).
7.3 Each Owner shall advise the manager or the designated representative of the Board of any change in the information required by this Section.
8.1 Commercial door-to-door solicitation and/or distribution of circulars are prohibited.
8.2 Noncommercial solicitation by Owners (e.g., door-to-door solicitation for proxies, for signatures for a petition to hold a special meeting of the Owners) is permitted between 8:00 a.m. to 9:00 p.m. to 8:00 a.m. on weekdays and 10:00 a.m. to 11:00 p.m. on weekends. 3822630.1 6
8.3 If unwanted solicitors or unknown persons call at your unit or a suspicious-looking person is noticed anywhere in the complex, please contact the Association Office or the Police.
9. LEASES AND SALES
9.1 Temporary leases less than six (6) months in length (vacation rentals like Airbnb, Flipkey, and others) are prohibited.
9.2 Persons presenting themselves to security as short-term renters (i.e., persons renting a unit for a period of less than 6 months or for vacation purposes) may be denied access to the community.
9.3 No unit shall be rented / leased for any period in excess of 6 months without a full executed, approved form of written lease being submitted to the Association. A $50 lease registration fee shall be paid at the time of submitting the lease to cover costs of changing the name in the directories, gate directory, mailboxes, computer, etc. The new renter shall be denied use of the recreational facilities if the above requirement is not fulfilled and no name changes will be made.
9.4 Any lease shall contain a provision to the effect that the right of the tenant to use and occupy the unit shall be subject and subordinate in all respects to the provisions of the Association’s governing documents including the CC&Rs and these Rules, and that the unit cannot be sub-leased.
9.5 The Association Office will provide standard condo lease forms upon request. Use of such forms is at the owner’s sole risk.
9.6 The Association Office is to be notified immediately of any sale, lease or any other change of occupancy of any unit.
9.7 Any person moving into or out of units will be held responsible for any damages to any common areas.
9.8 Moving in or out through the lobbies of Building #1 or Building #4 is strictly prohibited. Please see the Office with regard to any move and you will be assisted.
9.9 More than two persons shall not occupy a one-bedroom unit on a permanent basis. More than four persons shall not occupy a two-bedroom unit on a permanent basis. More than six persons shall not occupy a three-bedroom unit on a permanent basis.
9.10 For so long as an Owner leases his or her unit, the Owner shall relinquish such Owner’s right to use the common area facilities such as the swimming pool, recreation room, spa, sauna, pool tables, tennis courts and saunas.
9.11 No person under eighteen (18) years of age may lease, rent, or purchase a unit. 3822630.1 7
9.12 The Owner, renter or adult occupant must authorize the entrance of any person and is responsible for the person’s actions while on the premises.
9.13 Please be aware that units at Cahuenga Hills may be subject to the Los Angeles Rent Stabilization Ordinance (Rent Control). Please seek independent legal advice on this prior to renting your unit.
10. GATE CONTROL
10.1 The main entrance gate shall be kept closed at all times.
10.2 All visitors shall be announced at the gate by using the intercom system. If the person to be visited is not home or does not respond to the call, no employee of the Association will not admit the visitor.
10.3 Residents who observe suspicious persons on the grounds or attempting to gain admittance should report the matter to the Association Office or to the police.
11.1 All guests shall park their vehicles in the Visitor’s parking area. Guests are not permitted to park in the underground or under building parking areas.
11.2 No guest under the age of fourteen (14) is allowed in the pools, spa or sauna areas without adult supervision at all times.
11.3 Guests shall be required to leave upon the request of the Association Office or a Board Member if the guest is involved in any of the following:
(a) Violation of any by-law or rule of the Association; Violation of the laws of the State of California, County of Los Angeles; Unsafe vehicle operation upon the grounds, including but not limited to unsafe driving, reckless driving, speeding in excess of 5 miles per hour; Excessive use of alcoholic beverages; Loud noise, tumultuous or boisterous conduct; Any minor violation of any law of the State of California, County of Los Angeles or City of Los Angeles, including but not limited to possessing, drinking or being under the influence of alcoholic beverages and / or drugs, or any other violation of law; Abuse or misuse of any of the common areas or any of the equipment therein, including by not limited to pools, spa, saunas, tennis courts, Recreation Rooms and gym.
(b) Residents are allowed no more than five (5) guests per unit at one time in any common area including pool areas, the sundeck, the tennis courts, saunas, the gym and both recreation rooms (unless the recreation room has been rented by the Resident in accordance with these Rules. Additionally, an Owner/resident must accompany all guests at all times. 3822630.1 8
12. MAINTENANCE AND REPAIR; USE OF ASSOCIATION EMPLOYEES
12.1 Building and common area maintenance is performed by staff selected by the Association who are employees of the Association.
12.2 Maintenance of the appliances, plumbing and equipment in an Owner’s unit (such as dishwasher, stove, refrigerator, etc.) is the responsibility of the individual Owner and/or occupants. The care, decoration and maintenance of the interior of each unit and of all equipment therein (other than utility pipes, conduits, wires and the like not under the control of the occupant, and such items as are guaranteed during the period of warranty) are the sole responsibility of the occupant.
12.3 No Owner and/or occupant shall place in the plumbing facilities anything which will cause backups or problems with the common pipes or plumbing.
12.4 An occupant shall not individually engage any employee of the Association or any other person to perform any services in his unit, which would be in violation of local laws and regulations.
12.5 Malfunctions of heating, cooling, ventilating and plumbing equipment in the common areas should be reported directly to the Association Office.
12.6 Miscellaneous maintenance, repairs and services of the common areas, which you notice, are to be brought to the attention of the Association Office.
13. STRUCTURAL ALTERATIONS
13.1 Any structural alterations to any unit, terrace or balcony or any change in electrical or plumbing installations must have and are subject to the prior written approval of the Board of Directors.
13.2 Any proposed alterations to the common area (i.e. any part of the Association project outside the air space granted each unit by the Condominium Plan) must be approved in writing by the Board of Directors prior to implementation.
13.3 All requests for approval must be submitted to the Board of Directors for consideration and must be in writing. A request must include a general description (including color), sketch or photograph of similar improvement and type of materials to be used.
13.4 Unauthorized additions or improvements will be subject to removal at the Owner’s expense.
13.5 The use of elevators or other facilities affecting the Association and its occupants having to do with the alterations set forth above should be scheduled in advance by calling the Association Office.
14. GENERAL AREAS
14.1 Entrances, lobbies, halls, stairways, corridors, parking areas, landscaped areas and elevators may not be used for play and/or loitering. Use of skates, skateboards, bicycles, motorcycles, and similar items are prohibited from use in all common areas. Activities, which result in the defacing of sidewalks, lawns, and the common grounds, are strictly prohibited.
14.2 The tennis courts, pool areas, garages, etc. are NOT considered play areas.
14.3 There shall be no personal property of any kind, except that owned by the Association, kept for decorative purposes or otherwise in the Association’s general common areas, such as the lobby, halls or stairways without the written permission of the Board of Directors.
14.4 Temporary installation of decorations on or around doors to individual units in observance of major holidays is permitted.
14.5 No part of the common areas shall be used for commercial activities of any character.
14.6 Hallways and lobbies shall not be obstructed nor used to store furniture, carts, boxes, water bottles, or other material that restricts the full use of such areas.
15. FIRE AND DISASTER
15.1 In the event of fire, go to the nearest fire escape and exit the building. Close the door to your Association behind you and take the key.
15.2 Close all fire doors.
15.3 Do not use the elevators. They may become inoperative and stall between floors. Use the stairs.
15.4 Any fire, no matter how small, should be immediately reported to the Fire Department and the Association Office.
15.5 Pulling the fire alarms in the hallways sets off the alarm and alerts other residents in the building to the fire, but does not call or alert the Fire Department of the same. The Fire Department must be contacted immediately by dialing 911 from a telephone.
16.1 An Owner plans to use the elevators to move bulky objects, the Owner must hang/use pads for the elevator walls obtainable from the Manager’s Office.
16.2 Please schedule moving for midday hours so that elevators are not tied up during peak morning and afternoon traffic hours. 3822630.1 10
16.3 No signs, posters, notices or decorations may be placed in the elevators without approval of the Manager or Board of Directors.
16.4 No playing in the elevators is permitted.
17. BALCONIES AND PATIOS
17.1 Cooking or the preparation of food on the balconies is permitted provided that adequate safeguards to prevent fire or other damage are taken.
17.2 Clothes drying or airing of clothes and the like from any part of the unit is not permitted.
17.3 No articles, such as planters, flower pots, or boxes shall be placed and maintained on any outside balcony ledges or railings. In no case shall such items overhang the edge of the railing due to possible earthquake damage.
17.4 No structural, painting or ornamental changes affecting the external appearance of units may be made without the written approval of the Board of Directors.
17.5 There shall be no wild bird feeding on balconies, roofs, terraces, or yards, with the exception of liquid hummingbird feeders.
17.6 No debris shall be thrown or swept from windows, doors, terraces, balconies, etc.
17.7 No liquids may be poured or thrown from balconies or terraces.
17.8 Balconies and terraces must be maintained in a clean and attractive condition.
17.9 The Board of Directors shall be authorized to require residents to remove unsightly materials from balconies or terraces. Nothing is to be stored on a balcony which is visible from the common area, another unit, or the street.
18.1 The Association assumes no liability for damage or theft of any item stored in any common area storage space.
18.2 No items may be stored in the common area except in an assigned storage cabinet.
18.3 Storage space is limited to the assigned locker units and/or the general storage room. All storage in these spaces is at the users’ risk. Individual storage locks are not provided, and are to be supplied by the user.
18.4 An occupant shall not store any article in his or her storage locker, or his or her unit, which will create a fire hazard, such as inflammable liquids, or be in violation of the local laws and regulations. 3822630.1 11
18.5 The boundaries of any parking space are deemed to include the air space from the wall to the end of the parking space and eight feet high. Any storage cabinet that is wholly within the airspace of a parking space may only be used/accessed by the owner who has the exclusive right to use such parking space. If any storage cabinet straddles two parking spaces, the storage cabinet shall be shared between the two owners, with each owner being entitled to use that portion of the storage cabinet located within such owner’s parking spaced. The shared storage cabinet shall be altered to limit access only to the owner of the space(s) in which it is located.
19. PEST CONTROL
19.1 The cost of extermination of pests in the common areas is provided for in the regular maintenance charges (Association fees). The cost of extermination of pests in each unit is the Owner’s responsibility and it is expected that each Owner will exercise diligence in the control and extermination of pests within his unit. If it is determined by a licensed pest control operator that pests are originating from any particular Owner’s unit, the Owner will be asked to take the preventative or protective measures recommended by the licensed pest control operator. Such cost will be at the Owner’s expense.
20. SIGNS AND BULLETIN BOARDS
20.1 Owners may not post any sign, poster, flag or banner in the common area except a “for sale” or “for rent” sign of a size, dimension and type, and in a location authorized by, the rules for such signs on file in the Manager’s office, and except for notices pertaining to Association business on the bulletin board provided by the Association. Notices for the bulletin board should be submitted to the Manager for posting and may be removed from the bulletin board after 14 days. .
20.2 Owners may not post or display any commercial sign (other than a “for sale” or “for rent” sign) in or from their units.
20.3 Owners may post noncommercial signs, posters, flags, or banners on or in a unit only to the extent permitted by Civil Codes Section 4705 and 4710, except that the Board may prohibit any sign, poster, flag or banner as it may determine is necessary for the protection of public health or safety or if the posting or display would violate a local, state, or federal law.
20.4 No sign, nameplate, advertising or other decoration shall be affixed to corridor face of entry doors. TV aerials and wiring are not permitted, if visible from corridors or exterior of the building.
21. PARKING RULES AND REGULATIONS
(a) Abandoned Vehicles: Any vehicle that
(a) has remained on the premises for more than 48 hours and is not displaying currently valid license plates; or
(b) any vehicle that meets the definition of “abandoned vehicle” under the state or local law; or
(c) any vehicle that is inoperable. 3822630.1 12 By way of example rather than limitation, “inoperable” vehicles shall include vehicles with flat tires or broken windows.
(b) Authorized Vehicle: Any vehicle properly displaying a CHTC HOA parking tag (window hang tag), which is permitted to occupy parking space(s) at CHTC HOA.
(c) Board: The Board of Directors, Officers and Agents of CHTC HOA.
(d) Boat: Any vessel designed for navigation on water, no matter what the size.
(e) Bus: Any passenger vehicle designed to carry ten (10) or more passengers with omnibus, commercial or bus license.
(f) Camper: Any vehicle drawn by a car, truck, or other vehicle used as a temporary or permanent dwelling.
(g) Camper Truck: Any self-propelled camper, or a covered, truck-like vehicle with cab and aft section uncovered by a continuous roof.
(h) Commercial Vehicle: Any vehicle containing advertising, signs or other markings. Such term does not include taxicabs, police or other governmental agency cars, or which otherwise would not be considered a personal, non-business vehicle.
(i) Flat Bed: A vehicle on which the cargo box (on pickup or truck) or the rear portion (on an automobile or van) has been replaced by a deck and may also have sideboards or stake-type side rails.
(j) Handicapped: The holder of a valid handicapped or disabled person’s state registration.
(k) House Trailer: Same as Camper.
(l) Junk Vehicle: Any vehicle that is incapable of passing current California Department of Motor Vehicles inspection, or one that does not display proof of current registration plates, regardless of condition.
(m) Moped: A small motorcycle-like vehicle, which also contains pedals.
(n) Motorcycle: A vehicle with two wheels in tandem propelled an internal combustion engine and sometimes having a sidecar with a third wheel.
(o) Motor Home: Any self-propelled vehicle designed and constructed primarily to provide temporary living quarters for recreational, camping or travel use, or permanent living quarters.
(p) Occupant: The owner(s) of any townhouse unit; such owner’s tenant or renter, and any person occupying a townhouse unit. 3822630.1 13
(q) Oversized Vehicle: Any vehicle with tires, which extend six (6) inches beyond the body, or a vehicle which extends the width of one (1) parking space to the painted line, or a vehicle which extends beyond the length of the normal parking space, or one which, because of its length, limits the view of the adjoining spaces.
(r) Parking: The temporary stopping and placement of a vehicle in one fixed location. “Temporary” contemplates a frequency of use of the vehicle that is generally operated by the owner. “Temporary” does not contemplate storage, which is the long-term placement of a vehicle in one location.
(s) Parking Space: The physical area within the space marked upon the pavement as a single parking space for a vehicle.
(t) Recreational Vehicle: Any vehicle intended primarily for recreational purposes. This includes off-the-road vehicles, racing vehicles, campers, boats, motor homes, house trailers, etc.
(u) Storage: The long-term placement of a vehicle in one location (or moved about from one location to another to avoid the maintenance of the term “storage”), and is not “parking” as defined above. Whether a vehicle is stored within the meaning of the definition shall depend on the facts and circumstances of each case. A vehicle shall be deemed to be stored within the meaning of the definition where such vehicle has remained in one location (or moved about from one location to another to avoid the meaning of the term “storage”) for a period of more than ten (10) days.
(v) Taxicab: Any vehicle conspicuously marked as a taxi, cab, or for-hire vehicle and which has non-passenger license plates.
(w) Trailer: Any vehicle that is not self-propelled and is designed to be pulled or towed by motor vehicle.
(x) Truck: Any vehicle having a load capacity greater than one (1) ton, or having more than four (4) wheels, or having more than two (2) axles, or having wheels (not tires) with a diameter exceeding sixteen (16) inches. Pickup trucks with four (4) wheels, fewer than 4,000 pounds and without advertising shall not be considered a truck for the purposes of this definition.
(y) Unauthorized Vehicle: Any vehicle that is not authorized by these Rules and Regulations, or the Declarants.
(z) Van: An enclosed boxlike motor vehicle with cab and aft section, also having rear or side doors and side panels often used for transporting goods, may also be used for transporting people.
(aa) Vehicle: Any self-propelled device on a highway used for the transportation of persons or property upon a highway, and which is licensed by any state. 3822630.1 14
(bb) Government Vehicles: Police or government agency cars or cars with federal, state, county or local government license plates.
21.2 Parking Space Parking spaces shall be one of the following types:
21.3 Registration and Parking Tags (window hang tags). Upon presentation of a valid Registration Certificate, driver license and/or military ID with a CHTC HOA address on it, all unit owners or authorized occupants must sign for the parking permits with the Board or Manager in order to receive a valid parking tag/window hang tag. The Board or Manager will issue the unit owners or authorized occupants with two (2) window hang tags if they own a one or two-bedroom unit, or three window hang tags if they own a three-bedroom unit. Such tags shall be hung from the rear view mirror or prominently displayed on the dashboard of each vehicle at all times when parked on the common area of CHTC HOA. In the event that a Owner can justify the need for extra hangtags the Board will consider such requests on an individual basis, and may issue extra hangtags.
21.4 Lost/Stolen Parking Tags (window cling tags). Lost and stolen parking tags/window cling tags will be invalidated. Parking tags/window cling tags will be replaced upon written request from the owner/occupant. The standard replacement fee in the amount of twenty five dollars ($25.00) per tag will be charged to cover the cost of issuing each new parking tag/window cling tag and should be paid at the time issued. Payment shall be made in, money order, personal or cashiers check, paid to the order of Cahuenga Hills Tennis Associations.
21.5 Unassigned Parking. All parking spaces that are not designated and/or marked as handicapped spaces shall be available for unit occupants or guests.
21.6 Handicapped Parking.
(a) Special consideration will be given to occupants with valid handicapped registration plates and permits. Owners or occupants requesting a designated handicapped parking space shall provide evidence of the handicapped tag or permit when submitting the registration application. If not specifically provided herein, CHTC HOA shall comply with the applicable fair housing laws when designating handicapped parking spaces.
(b) The Association will provide the markings required for the designated handicapped parking space(s). If requested, the unit owner or occupant requesting modification such as curb cuts, ramps, etc. shall be responsible for the cost of the same. All work of this type will be done under the direction of the CHTC HOA Architectural and Environmental Committee.
Such modification requests should be submitted to the Board of Directors by way of the Manager.
21.7 Authorized Parking.
(a) The following types of motor vehicles are the only approved vehicles allowed to park within the CHTC HOA parking lots: conventional passenger automobiles, small vans, motorcycles, mopeds, and trucks, government vehicles or commercial vehicles not otherwise excluded under unauthorized vehicles.
(b) Without limiting the generality thereof, all motor vehicles shall display current license plates and be maintained in proper operating condition so as to not be a hazard or a nuisance by noise, exhaust emissions, or appearance.
(c) No vehicle belonging to any occupant, or to any guest of any occupant, shall be parked in a manner, which unreasonably interferes with or impedes ready vehicular access to any parking spaces or the passage of traffic throughout the community.
(d) No vehicle may be driven or parked on any unpaved areas of the CHTC HOA community.
(e) All Rules and Regulations will be applicable to the occupants of the condo unit whether the occupants are the owners, renters or guests of the occupants. As applicable, owners are required to notify renters, guests and visitors of the Parking Rules and Regulations, as well as locations of available parking spaces.
(f) Owners who lease or rent their units to others (in compliance rental rules, and with these Parking Rules and Regulations as elsewhere provided) may assign the use of the parking tags (window cling tag) provided for in Section, to his or her lessees, or renters, but only if the provisions in the remainder of this Section are met. The Owner must include in and attach to all leases (executed thirty (30) days after the effective date of these Rules), a copy of these Rules and Regulations. The Owner shall be ultimately responsible for the actions of said tenants and guests. Any assignment made under this Section to such tenants will only be effective during the terms of the lease or license and must be renewed upon renewal or execution of a new lease or license. A violation of these parking rules shall be deemed a default under the lease.
21.8 Unauthorized or Prohibited Parking.
(a) The following vehicles, as defined in Section 21.1, are prohibited from parking in lots in the CHTC HOA community: abandoned vehicles, boats, buses, campers, camper trucks, commercial vehicles, inoperable vehicles, flat beds, junk vehicles, house trailers, trucks and unlicensed or unregistered vehicles.
(b) No parking is permitted in fire lanes, yellow curbing areas, in restricted areas, on common area, grassy areas, or on sidewalks. Cross parking is not permitted.
(c) Vehicles in violation of paragraphs (a) and (b) above will be subject to towing at the owners’ expense. 3822630.1 16
21.9 Storage of Vehicles. Boats, trailers, buses, junk vehicles, recreational vehicles, house trailers, other unauthorized vehicles, or unlicensed or inoperable vehicles shall be prohibited upon the common area parking areas at all times. Motor vehicles of any nature not bearing a valid current license tag, not having a current registration, not in proper operating condition or in a condition which would fail a vehicle inspection shall not be parked on the streets or common area parking areas at any time. Storage of authorized vehicles must have prior written approval of the Board of Directors. Vehicles in violation will be subject to towing, at the owners’ expense.
21.10 Automotive Repair. Except for bona fide emergencies, the repair or extraordinary maintenance of automobiles or other vehicles shall not be performed on the Property, except within garages or other permitted structures. The repair or maintenance of automobiles or other vehicles shall not be performed on any of the common area, including the parking spaces, or within or upon any residence, if said repair causes the leaking of oil, gasoline, or other automotive fluid upon the common area. Such vehicle may be removed in accordance herewith. The cost of clean-up of the leakage may be charged to the occupant as a maintenance assessment by the Board of Directors. The cost of removal of the vehicle will be the responsibility of the owner of the vehicle.
21.11 Motorcycles. Motorcycles may not be parked on sidewalks, front or side lawns, or between parallel parked vehicles. A motorcycle may park within the same parking space with another vehicle as long as it does not interfere with an adjacent parking space or another vehicle, or does not extend beyond the bounds of one parking space. Motorcycles parked in violation will be subject to towing.
21.12 Availability and Access of Parking. Cahuenga Hills Tennis Associations Owners Association, Inc. shall not be liable for, guarantee the availability of, or guarantee access to a parking space unless the space is deeded or rented on a regular basis.
21.13 Additional Parking Rules. Authorized vehicles must park only within the marked bounds of a single parking space. No part of a vehicle may protrude beyond the bounds of a single parking space.
(a) Authorized vehicles cannot occupy more than one parking area.
(b) Unauthorized vehicles are not permitted to park in any parking space.
(c) Authorized vehicles may not be stored any where on the property without express prior written consent of the Board of Directors.
(d) Abandoned vehicles or unauthorized vehicles may not be parked or placed anywhere on the property.
(e) Tools, ladders, pipe or conduits extending beyond vehicles are not allowed.
(f) Vehicles in violation of paragraphs a. through f. above will be subject to towing. 3822630.1 17
(g) No parking is authorized in fire lanes. Vehicles parked in fire lanes will be towed by the towing company in accordance with County requirements, or such violations may be enforced as provided herein.
21.14 Electric Vehicle Charging Stations (“EVCS”).
(a) No Owner may plug his or her electric vehicle into a common area electrical outlet other than a designated EVCS.
(b) No EVCS may be installed by an Owner in the Project without the prior written consent of the Board. The Association may impose reasonable restrictions on such installation in accordance with California law including, but not limited to, a requirement that the Owner execute a Declaration of Restrictions (in a form provided by the Association) to be recorded against the Owner’s Condominium detailing the Owner’s responsibilities for the EVCS and install, at the Owner’s expense, an electrical submeter using a licensed electrician.
(c) Each Owner with a EVCS submeter will be obligated to reimburse the Association for the cost of electricity supplied to the Owner’s EVCS billed by the Association, or any private meter reading service retained by the Association. The Association shall have the right to require each Owner to establish an impound account with the Association or with the private meter reading service in order to provide a deposit from which the Owner’s electricity bill can be paid.
21.15 Enforcement of Parking Regulations.
(a) All Owners, occupants and guests must abide by these Rules and Regulations. Failure to comply will result in enforcement action. Moving the vehicle from one space to another does not constitute removal from the property.
(b) These Rules and Regulations may be enforced by any of the following action(s):
(i) Towing. Any vehicle in violation of Parking Rules and Regulations is subject to towing at the vehicle owner’s risk.
(1) The Association, by and through the Board of Directors, shall not be responsible for damages or liabilities while vehicles are in the care of the authorized Towing company.
(2) The Association, by and through the Board of Directors, shall designate an authorized towing company to be used in the event there is a violation of these Parking Rules and Regulations or the Declaration of the Association.
(3) The Board of Directors or the Manager shall be authorized to make a complaint to the designated towing company and request that any vehicle in violation of these Rules and Regulations, By-laws or the Declaration be towed. 3822630.1 18
(4) With regard to towing a vehicle from a deeded space when a non-authorized vehicle is parked in that space, identification by the complaining unit owner or occupant displaying a CHTC HOA address will be required by the Board, Manager, or Security Officer, prior to towing (i.e., driver’s license, CHTC HOA parking tag/window hang tag).
(5) All costs of towing, damages due to towing, storage of vehicles after towing, retrieval of vehicles, or other applicable and/or appropriate charges shall be the responsibility of the vehicle owner in question.
(6) Any unit owner or occupant who exceeds the authority granted herein and improperly has a vehicle towed shall be liable for all related expenses.
(ii) Imposition of Fines (after notice and a hearing).
22. LAUNDRY ROOMS
22.1 Problems with the machines should be reported to the washing machine company. The number is posted in the laundry rooms.
22.2 Please leave the laundry room as clean as you find it. Please keep laundry room doors closed and turn out the lights when through.
22.3 Remove clothing from washers and dryers promptly; others may be waiting to use the machines.
22.4 The Association is not responsible for any loss or damage to clothing.
23. RECREATION ROOMS
23.1 The Recreation Rooms in Building 1 and Building 4 and the Sun Deck in Building 4 are primarily intended for the use of all Residents.
23.2 The Recreation Room and other common facilities are owned by and are for the express use of the Owners and shall not be used for civic activities, political affairs or outside social clubs or meetings, except at the discretion of the Board of Directors where the Association is directly benefited or as required to be permitted to be used pursuant to Civil Code Section 4515.
23.3 The two Recreation Rooms and the Sun Deck may be reserved on an exclusive basis by an Owner/Occupant or a lessee of record twenty-one (21) or older only if the unit’s monthly maintenance assessment is current and in good standing and the unit has no prior complaints against them related to the use of the facilities.
23.4 The Recreation Rooms and the Sun Deck may not be reserved or rented on holidays or for use over holiday weekends.
23.5 Residents reserve the above rooms in accordance with the following provisions: 3822630.1 19
(a) Reservation requests should be made to the Manager in advance of the event planned, and will be granted on a first come/first serve basis.
(b) Resident will complete, sign, and date the Recreation Room Rental Agreement in the Manager’s Office.
(c) A fee in the amount of $50.00 must be paid to rent the Main Recreation Room. A fee in the amount of $25.00 must be paid to rent the small Recreation Room in Building 4. A fee in the amount of $25.00 must be paid to rent the Sun Deck on top of Building 4. Rental fee is non-refundable.
(d) A security deposit of $500.00 must be submitted with each reservation request when signing the Recreation Room Rental Agreement. The deposit will be refundable if the Manager has made an inspection of the rented premises and determines that the room has been restored to an acceptable and satisfactory condition following use, and if none of the violations identified below occur.
(e) The resident designated as responsible for the supervision of the event will be held liable for any damage to common area property. Resident agrees to forfeit the security deposit in part or in full if the room is not restored to the same condition in which the room was prior to the specified use and/or if the common area is damaged in connection with the event.. Special charges will be assessed if necessary to cover the cost of equipment replacement or repair of damages.
(f) Owners will be responsible to the Association for any damage caused by their tenants or guests.
(g) Exclusive use of the Recreation Room must not exceed six (6) hours. If the Recreation Room is not vacated after six (6) hours, Renter may be subjected to the loss of the security deposit.
(h) The maximum occupancy in any recreation building may not exceed twenty-five (25) persons. If the Renter expects ten (10) or more cars to show up, then arrangements for off-site parking must be made. If there is any illegal parking by guests during the course of the party, the Renter agrees to forfeit half of the security deposit. This will result in a delay in the return of the remaining deposit.
23.6 All rentals must adhere to the following hours. Failure to do so will result in a forfeiture of the Renter’s security deposit:
Friday and Saturdays: By 10 p.m, music must be turned off and the party should start wrapping up. By 11 p.m, the room must be completely cleaned and vacated.
Sundays through Thursdays: By 9 p.m., music must be turned off and the party should start wrapping up. By 10 p.m.: the room must be completely cleaned and vacated.
23.7 Keys to the Recreation Room must be returned to the Manager in the Front Office between 8:00 a.m. to 9:30 a.m. on the Monday (or next business day) following the rental. 3822630.1 20
Failure to do so will result in a $50.00 forfeiture to be taken from the $500 security deposit, as well as a delay in the return of the remaining deposit.
23.8 No one under twenty-one (21) years of age will be permitted to consume or serve any alcoholic beverages while on the premises. If anyone under twenty-one (21) years of age is found to be consuming or serving an alcoholic beverage, it will result in forfeiture of Renter’s entire deposit. A fine of $200.00 will also be levied against the Renter.
23.9 There is no smoking allowed in the Recreation Room. Any smoking must be done outside of the required twenty (20) foot radius of all doors and windows and care must be taken to keep smoke from wafting into the units above. If any complaints arise from smoking related to Renter’s party, Renter might be subject to loss of a portion of security deposit and/or loss of Recreation Room rental privileges in the future.
23.10 Renting the Recreation Room does not include any other common areas outside of the building itself. No more than five (5) guests may use the pool area nonexclusively at any one time.
23.11 All guests attending the “party” will be kept inside the Recreation Room’s area at all times, other than when leaving and arriving at the “party.” There will be no congregating of guests in other common areas outside of the Room itself.
23.12 If guests are not in compliance with remaining inside the Recreation Room’s area during the “party,” any member(s) or appointee(s) of the Board of Directors will have the authority to terminate the “party” prematurely and lock the Recreation Room for the remainder of the day and/or night.
23.13 Noise and music must be kept to acceptable levels. If security has to be called to maintain peace and quiet at your “party,” the cost of patrol call will be deducted from Renter’s security deposit. Should security have to come back out, the Board of Directors has authorized security to terminate your “party.” The Renter will also lose their deposit and be billed for any other related charges.
23.14 All doors to the Recreation Room must be kept closed at all times.
23.15 The Renter agrees to assume any and all liability resulting from injury to any guest(s) in the Recreation Room during the term of this rental and further agrees to release and hold harmless Cahuenga Hills Tennis Associations Association, Inc., its Board of Directors, and all Owners at Cahuenga Hills Tennis Associations, from any and all liability resulting from injury to any guest(s) in the Recreation Room during the term of this rental.
23.16 Returned check policy. If either the rental fee or security deposit (if forfeited) is returned for insufficient funds, the amount due plus a $100 fee will be assessed with Renter’s next dues statement.
23.17 Pets are not permitted inside the Recreation Rooms. 3822630.1 21
23.18 Pets are permitted on the Sun Deck only with prior permission from the Board of Directors.
23.19 Repair of any damage to carpets, upholstery, pool table covers, kitchen facilities, etc., shall be assessed to the Owner ultimately responsible for such damage. In the event the bill is not paid immediately, the Board of Directors will assess a penalty.
24. SWIMMING POOLS
24.1 All persons using the pool or pool area do so at their own risk and assume sole responsibility for any accident or injury in connection with such use. The user covenants and agrees with the Management and/or the Owners for and in consideration of the use of the pool as an added facility and other good and valuable consideration to make no claim against the Management for or on account of any loss or damage of life, limb or property sustained.
24.2 In connection with the use of the pool, the Association or its agents will not be responsible for loss or damage to any personal property of any kind.
24.3 All guests must be accompanied by their Resident sponsor when using the pool.
24.4 Only five (5) guests from one unit shall be allowed in the pool area accompanied by the Resident.
24.5 Persons using the pool and pool deck must comply with all the ordinances, laws and regulations promulgated by the State of California and Los Angeles County, and those developed and approved by the Board of Directors. Nude or semi-nude exposure is against the law and not permitted. Lewd and lascivious behavior will not be permitted.
24.6 The Manager is responsible for the strict enforcement of the Rules. He has the authorization to temporarily deprive the use of this facility to any Resident and guest.
24.7 Admission shall be refused to persons having any infectious disease, sore or inflamed eyes, colds, nasal or ear discharges, or any easily communicable disease involving coughing and/or sneezing, or with any open sores or wounds. Persons with excessive sunburn, open sores, or bandages, of any kind will not be permitted.
24.8 The commonly accepted rules of sanitation will be enforced. Anyone violating these rules will be excluded, expelled or evicted from the pool.
24.9 Residents using the pool area will be responsible for their own actions, and the actions of anyone living in or visiting them. The cost of any property damage will be charged to the Owner of the unit.
24.10 All beverages, food or refreshments served or brought into the pool area must be in non-breakable containers. Glass containers are strictly prohibited. Trash and refuse must be placed in the receptacles provided. 3822630.1 22
24.11 Running on the pool deck, stunt diving, pushing, wrestling, unnecessary roughness, ball playing except for pool volleyball, loud radio playing, and other undue disturbances are strictly prohibited. For any such violation, the manager has the authority to bar the offender from the pool area. The Board of Directors reserves the right to refuse entry, to eject violators from the pool area, or to deny future pool privileges to anyone at its sole discretion.
24.12 Children under fourteen (14) years of age must be accompanied and supervised by an adult at all times when in the pool area.
24.13 There shall be no cooking of any kind within the pool area.
24.14 Pool hours are 8:00 a.m. to 10:00 p.m. on weekdays and 10:00 a.m. to 11:00 p.m. on weekends. However, excessive noise, boisterous conduct or other activity which disturbs unit Occupants at any time must immediately cease upon request of the disturbed Occupant, or the Manager, upon request of the disturbed Occupant, is authorized to effect physical removal by police action, if necessary.
24.15 Proper swimwear, i.e., clothing sold for the purpose of swimming, must be worn when entering the pool or Spa.
24.16 Jumping the fence to the pool area is strictly forbidden. Anyone caught jumping the fence will be fined. If the offending person is the guest of a unit, the responsible unit will be fined.
24.17 Residents must carry their common area key at all times while in common areas and must present it if questioned by a staff member.
24.18 Pets are permitted at the pool area only with prior permission from the Board of Directors.
25.1 All persons using the spa do so at their own risk and assume sole responsibility for any accident or injury in connection with such use.
25.2 Persons under the age of fourteen (14) ten (10) must be accompanied and supervised by an adult at all times when using the spa.
25.3 Each person is required to turn off the spa water pump when use of the spa is completed.
25.4 Rules for swimming pool apply for the spa.
26. SAUNA ROOMS
26.1 All persons using the sauna rooms do so at their own risk and assume sole responsibility for any accident or injury in connection with such use. 3822630.1 23
26.2 Persons under the age of fourteen (14) ten (10) must be accompanied and supervised by an adult at all times when using the sauna.
26.3 No personal articles shall be left or stored in the sauna rooms.
26.4 Instructions governing the use of the sauna equipment will be found in the sauna rooms. Users of the sauna equipment should be thoroughly familiar with the use of such equipment. Improper use can result in physical damage to the user’s health. People with a history of heart trouble or other physical impairment should consult their physician prior to use.
26.5 The Association is not responsible for injuries or illnesses, which may arise out of the use of the equipment.
26.6 Admission shall be refused to persons having any infectious disease, sore or inflamed eyes, colds, nasal or ear discharges, or any easily communicable disease involving coughing and/or sneezing, or with any open sores or wounds. Persons with excessive sunburn, open sores, or bandages, of any kind will not be permitted.
26.7 Persons using the sauna will be responsible for their own actions and the actions of their guests. The cost of any property damage will be charged to the responsible Resident.
26.8 Persons using the sauna rooms must comply with all the ordinances, laws and regulations promulgated by the State of California and Los Angeles County, and those developed and approved by the Board of Directors. Lewd and lascivious behavior will not be permitted.
26.9 The commonly accepted rules of sanitation will be enforced. Anyone violating these rules will be excluded, expelled or evicted from the sauna.
26.10 The Manager is responsible for the strict enforcement of the Rules. He has the authorization to temporarily deprive the use of this facility to any Resident and guest.
26.11 Pets are not permitted in the sauna rooms.
27.1 All guests must be accompanied by their Resident sponsor when using the gym.
27.2 No personal articles shall be left or stored in the gym.
27.3 The Association will not be responsible for injuries or illnesses which may arise out of the use of the equipment.
27.4 Admission shall be refused to persons having any infectious disease, sore or inflamed eyes, colds, nasal or ear discharges, or any easily communicable disease involving coughing and/or sneezing, or with any open sores or wounds. Persons with excessive sunburn, open sores, or bandages, of any kind will not be permitted. 3822630.1 24
27.5 Persons using the gym will be responsible for their own actions and the actions of their guests. The cost of any property damage will be charged to the responsible Resident.
27.6 The commonly accepted rules of sanitation will be enforced. Nude or semi-nude exposure is against the law and not permitted. Anyone violating these rules will be excluded, expelled or evicted from the gym.
27.7 The Manager is responsible for the strict enforcement of the Rules. He has the authorization to temporarily deprive the use of this facility to any Resident and guest.
27.8 No smoking is allowed within the gym or within twenty (20) feet of the gym windows and doors.
27.9 Pets are not permitted inside the gym.
28. TENNIS COURTS
28.1 All persons using the tennis courts do so at their own risks and assume sole responsibility for any accident or injury in connection with such use. The user covenants and agrees with the Association for and in consideration of the use of the tennis courts as an added facility and other good and valuable consideration to make no claim against the Association for or on account of any loss or damage of life, limb or property sustained.
28.2 Residents using the tennis courts will be responsible for any property damage caused by themselves or their guests.
28.3 The Association will not be responsible for loss or damage to any personal property of any kind connected with the use of the tennis courts.
28.4 Gates to the tennis courts must be locked. To maintain security of both courts and buildings, Residents must maintain strict security of both courts and buildings, Residents must maintain strict control over their keys and not lend or give them to outsiders other than to registered guests.
28.5 Non-residents, including non-resident owners, are not permitted to use the court alone at any time, unless granted special permission by the Board of Directors. All guests must be accompanied by their Resident sponsor in order to gain entry to the courts.
28.6 Wheeled vehicles of any type are not permitted inside the tennis courts.
28.7 Only tennis shoes with white soles will be worn on the courts.
28.8 No food allowed on the courts.
28.9 Any person may be barred from the tennis courts at the discretion of the Manager for violation of the Rules and Regulations, or for any other reasons which in his judgment constitutes a hazard to others or to the Association. 3822630.1 25
28.10 The court lights are to be turned off when the courts are not in use. The last person leaving the court must turn the lights off.
28.11 The tennis courts are for the purpose of playing tennis, basketball, or running track only. No other type of game or activity is permitted, unless special permission has been obtained from the Board of Directors.
28.12 There is no smoking allowed on the tennis courts.
28.13 Pets are not permitted inside the tennis courts.
29. POOL TABLES
29.1 The Resident using the pool tables will be held liable for any damages caused by themselves or their guests.
29.2 Food or liquid shall not be placed on the pool tables at any time.
The following procedure will apply to all violations and infractions of the governing documents and rules and regulations. Owners may report violations to the management company or Board of Directors by submitting a written notice describing the violation. The Board of Directors, Manager, or committee appointed by the Board may also note any violations discovered during walk-throughs or by personal knowledge of any of its members or representatives. At the time a violation is noted or reported, action will be taken as follows:
30.1 Fine Schedule.
1st Violation – Warning and/or 100.00 fine
2nd Violation – Up to $250.00
3rd Violation – Up to $300.00
4th Violation – Up to $500.00
5th Violation – Up to $800.00.
* Every violation after the fifth one will carry a $300.00 fine, and the matter may be referred to the Association’s Attorneys, and fines would include attorney’s fees.
Safety Violations (as defined in Section 30):
Generally (No warning letter required)
1st Violation – Up to $250.00
2nd Violation – Up to $500.00
3rd or subsequent violation – Up to $1000.00
Short-Term Rental Violations (No warning letter required) 3822630.1 26
For short-term rentals, temporary leases or rentals less than six (6) months in length (vacation rentals like Airbnb, Flipkey, VRBO, HomeAway, and others):
First violation — $500
Second violation — $1000
Third violation — $2500 and forwarded to attorneys
30.2 Warning; First Violation. The Board shall give written notice to the owner. The notice will identify the violation, and, if appropriate, a time frame for correcting the violation. Notwithstanding the foregoing, under circumstances involving conduct that constitutes
(a) an immediate and unreasonable infringement of, or threat to, the safety or quiet enjoyment of neighboring owners including a violation of the short-term rental rules;
(b) a traffic or fire hazard, or
(c) a threat of material damage to, or destruction of, the Common Area (collectively, a “Safety Violation”), the Board may forego a warning letter, and proceed immediately with corrective or enforcement action.
30.3 Repeat Violation. If the same violation is repeated (as such term is defined below) within a twelve-month period or in the event of a Safety Violation, the Board shall give the owner a written notice of the violation personally or by mail sent by first class mail, return receipt requested, at least 10 days before the proposed hearing on said violation. Said notice shall contain
(a) an explanation in clear and concise terms of the nature of the alleged violation;
(b) reference to the provisions of the Association’s governing documents the member is alleged to have violated,
(c) the proposed discipline (e.g. imposition of a monetary penalty and/or suspension of privileges) and
(d) and the date, time and location of the hearing concerning such alleged violation. The hearing shall be conducted by the Board, in executive session, affording the member a reasonable opportunity to be heard and enabling the Board to evaluate the evidence concerning the alleged violation. At the hearing, the Board shall allow the owner to present oral or written evidence concerning the alleged violation. If the Board concludes that the alleged violation occurred, the Board may impose monetary penalties, temporarily suspend voting and common area privileges for a period not to exceed thirty (30) days or take any other disciplinary action permitted by the Association’s governing documents. However, no such penalty imposed by the Board shall take effect sooner that five days after the date of the hearing. The Board will provide the owner notice of the disciplinary action taken against him within 15 days after the Board’s decision. The Board’s notice of decision shall provide a written explanation of the suspension, fine or conditions, if any, imposed by the Board.
For the purposes of this Fine Schedule, a “repeated violation” shall be one which is assessed to a single unit within a twelve-month period. However, should a twelve month period pass without any violations, a first notice to correct the violation must be sent by the Association prior to imposing any fines.
30.4 On-Going Violation. If a violation is not corrected within the time frame referenced in the warning letter or in the event of a Safety Violation, the Board shall give the owner written notice of the violation personally or by mail sent by first class mail, at least 10 days before the proposed hearing on said violation. Said notice shall contain
(a) an explanation in clear and concise terms of the nature of the alleged violation;
(b) reference to the provisions of the Association’s governing documents the member is alleged to have violated, 3822630.1 27
(c) the proposed discipline (e.g. imposition of a monetary penalty and/or suspension of privileges) and
(d) and the date, time and location of the hearing concerning such alleged violation. The hearing shall be conducted by the Board, in executive session, affording the member a reasonable opportunity to be heard and enabling the Board to evaluate the evidence concerning the alleged violation. At the hearing, the Board shall allow the owner to present oral or written evidence concerning the alleged violation. If the Board concludes that the alleged violation occurred, the Board may impose monetary penalties, temporarily suspend voting and common area privileges for a period not to exceed thirty (30) days or take any other disciplinary action permitted by the Governing Documents. The Board will provide the owner notice of the disciplinary action taken against him within 15 days after the Board’s decision. The Board’s notice of decision shall provide a written explanation of the suspension, fine or conditions, if any, imposed by the Board.
If the violation continues past the hearing and first fine stage, additional fines may be assessed as frequently as on a daily basis (at the initial rate for the violation) without further hearing until the violation is abated by the owner. For the purposes of this Fine Schedule, “continuing violations” shall refer to violations that remain unchanged and ongoing until abated by the owner.
30.5 Legal Counsel; Alternative Dispute Resolution. At any time, the Board may refer a matter to the Association’s legal counsel for enforcement. Additionally, if required by Civil Code Section 5925 et seq., mediation or arbitration will be offered. If a lawsuit is filed, the Owner may be liable for the Association’s legal costs and fees.
31. ASSESSMENTS (CC&RS ARTICLE V)
The regular maintenance charges and assessments (Association fees) determined by the Board of Directors to be necessary for the continued operation of the Association shall be due and payable to the Management agent or other person specified by the Board of directors without notice on the first day of each calendar month.
Special assessments and late payment charges (for payments made after the 15th of the month) are fixed by the Board of Directors in accordance with the CC&Rs and shall be due and payable on the same basis as a regular assessment. (CC&Rs ARTICLE V, Paragraph7).
Default by a member in the payment of assessments of charges due shall subject the member to the default and collection procedures provide for in CC&Rs ARTICLE V, Paragraph 3.