origin, or ancestry, that restriction

112 Pages·2004·1.69 MB·English

If this document contains any restriction
based on race, color, religion, sex, familial
status, marital status, disability, national
origin, or ancestry, that restriction
violates State and Federal Fair Housing
Laws and is void. Any person holding an
interest in this property may request that
the county recorder remove the restrictive
covenant language pursuant to
subdivision (c) of Section 12956.1 of the
Government Code.
\V}{EN RECOREED, lvL&IL TO:
tiiiUiiiIIIIIIIIIlIiIIIlIIIIIIIIIIIIIIlI
2OD4O616—O684O
Scott W. Williams, Esq.
0i1612004 O342:32 P11
299West Hillcrest Drive
120040055420 GM
Suite 116 Ventu;a county Recorder
ThousandOaks, CA 91360
Recorder's Use Only
FIRST AMENDMENT TO DECLARATION OF
COVENANTS,
CONDITIONS AND RESTRICTIONS, AND
RESERVATION
FOR EASEMENTS FOR RANCHO
MADERA, A
HOMEOWNERS ASSOCIATION
This First Amendment to Declaration of Establishment of
Covenants, Conditions and
Restrictions, and Reservation of Easements for RANCHO MADERA,a Homeowners
of 74t,
Association is made this 2ifd
day 2004,by the undersigned with reference to the
following facts:
A.
A Declaration of Covenants, Conditions and Restrictions, andReservation of
Easements for the real property was
recordedas Document Number 00-158322 on
October 4, 2000, in the office of the County Recorder of Ventura
County, which
affects the following property, and any property annexed to, Lots 8 through 14,
inclusive; Lots 16 through 20, inclusive; Lots 73 through 75,inclusive, of Tract 5124,
as shown on a map recorded in Book 139 of Miscellaneous Records
(Maps), Pages 62
through 73, inclusive, Records of Ventura County, California
Non-exclusive easements for (i) ingress,
egress, landscape maintenance and irrigation
purposes on, over and across portions of Lot 16 of Tract 5124, as described above;
(ii)
ingress, egress, landscape maintenance and irrigation
purposes on, over and across
portions of Parcel B of Tract 5124, as illustrated on Exhibit "A" attached
hereto; and
(iii) for maintenance of certain Project Walls, as illustrated
on Exhibit "A" attached
hereto ("Association Maintenance Areas").
B.
The undersigned have confirmed and placed in therecords of the Association
the signatures representing the
necessary voting power of the lot owners of the
property covered by said Declaration, reflecting their confirmation and
approval to
make the First Amendment which follows.
C.
The undersigned desire to amend and by this First Amendmentto said
Declaration do, in fact, amend said Declarationas follows:
Page 1 of 2
Article 8, Section S.12(c), of the Declaration
is amended to read as follows:
"c. Driveway Pai-lijnQ. Vehicles
not otherwise prohibited
by this Declaration, or by
reasonable rules and regulations adopted
by the Eoard, may be parked in the driveway of
an Owner's Residence."
IN WITNESS WHEREOF, this First
Amended Declaration has been adopted and
of 7ne 2004.
provided above this Vid
day
t
RANCHO
MADERA HOMEOWNERS ASSOCIATION
By:
Sc
at 24fr'
Print
Nai,p9:
''" ',,
By:________________________________
Name: i/"'
Print
, Secretary
CERTIRCATE
I, the undersigned, the duly elected and acting
Secretary of the Rancho Madera Homeowners
Association, do hereby certi& that the foregoing FIRST AMENDMENT
TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS, AND
RESERVATION FOR
EASEMENTS were adopted on 7'tit
,2004.
This Certificate is executed under
2004 in
Sinñ Valley, California
ACKNOWLEDGMENT
STATE OF CALIFOpJJA
)
) ss
COUNTY OF VENTURA
On Jc.-"e a
me,//t78/ A9xSiEZ'1,9
,2004 before
anotary public in and for the State of California, personally ppeared SCOTT
W. WTILLIAMS
and WILLIAM GANTZER,
p€monaily known tu (at proved to me on the basis of
satisfactory evidence) to be the persons whose names
are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized
capacities, and that by their
signatures on the instrument, the persons, or the entity
upon behalf of which the persons acted,
executed the instrument.
WITNESS my and official seal.,
Signature____________
Notary Public - CaIW.mia
'C *nWr. County
2 of 2
Page
This isitocertifythat
nact Ut satrue and
co,y at
the dccumnt recorded
officeof The County 1, The
Recorin nquser eç at Ventura
county,
CIUornia,on IU[CNE( 4 ZbOD
As DocLlrnont
FWSFA dEE CAN tritE; COMPAt No. -
— InOøIc -2 ,pae.
OrderNo.
FIR*TA6ERICANTIT
tc By
Whenrecorded retail
PAONECAaLnLAf3lAt' wROLM & wJlqrON
Von
19100
flgfloOt
DEcLMflONOI COvErisN'rS coNDm0
AIW BtsfliCT10AND
OF EAM rOR
RsncuO MADE1k
oofl4;2E
TABLE OF CONTENTS
•
Page
ARTICLE 1 DEFINITIONS 3
3
1.1 AnnexationProperty
1.2 Architectural Control Committee (or "ACC")
3
1.3 Architectural Standards
1.4 Articles
1.5 Assessments 3
1.6 Association
4
1.7 Association Maintenance Areas
4
1.8 Association Management Documents
4
1.9 Board
4
1.10 By-Laws
4
1.11 City
1.12 ComrnonArea 4
. 4
1.13 CoinmonExpenses
• 1.14 COUnty
5
1.15 Detention Basin Declaration
1.16 Declarant 5
1.17 Declaration 5.
US DRE 5
5
Fuel Modification Areas
• 1.20 6
Irnprovethents
1.21 Lot 6
6
1.22 Member
6
1.23 Mortgage
6
1.24• Mortgagee
7
1.25 Mortgagor
1.26 Notice andHearing
7
1.27 Notice of Annexation
1.28 owner 7
7
1.29 Plmse
7
1.30 Project
7
1.31 Project Walls
7
1.32 Public Agencies
7
1.33 Residence
S
1.34 Rules and Regulations
8
1.35 Application of Definitions
8
ARTICLE 2INTRODUCTION TO RANCHO MADERA
2.1 Development Plans .. 8
8
2.2 Membership in Association
062200/t&22/P90000-001112420&I 1
Page
S
2.3 Annexation of Additional Property
8•
2.4 Development Control
9
2.5 Easements Reserved Over Common Area
9
2.6 Mon—Liability of Declarant
ARTICLE 3 RESERVATION OF EASEMENTS AND OTHER
9
PROPERTY RIGHTS IN THE COMMON AREA
.9
3.1 Amendment to Eliminate Easements
10
3.2 Owners' Easements
10
3.3 Limitations on Owners' Easement Rights
12
3.4 Waiver of Use
12
.3.5 Easements for Utilities
13
3.6 Easements for Maintenance of the Common Area
3.7 Easements for Maintenance of Association Maintenance . 13
13
3.8 Easements for Drainage
13
3.9 Easements for Construction and Sales
14
3.10 Reservation of Construction Rights By Dectarant
14
3.11 Easements For Master Antennae And Cable Television
14
.3.12 Utilities Shown On The Tract M
14
3.13 AssociationAccess Easement
15
3.14 Project Wall Easements
15
3.15 Easements For Public Services
3.16 Easements For Public Utilities.
15
3.17 Support, Settlement And Encroachment
16
3.18 Title to the Common Area
17
ARTICLE 4 TEE ASSOCIATION
17
4.1 Membership -
17
4.2 Classes of Membership .
17
4.3 ClassA
17
4.4 ClassE
4.5 Special Voting Procedures forElection of the Board 18
18
4.6
Voting Rights
18
4:7 Voting; Joint Owners
18.
4.8 Adjustment of Voting Rights
19
4.9 Vesting of Voting Rights
19
4.10 Suspension of Voting Rights
19
4.11 Transfer
19
4.12 Proxies
19
4.13 Record Dates
U.
062200/16:2E /P90000-OOI/124206.I
Page
POWERS AND DUTIES OF THE ASSOCIATION .
ARTICLE 5 20
5.1 Management Body 20
5.2 Powers 20
5.3 Duties 23
5.4 Limitations on Board Action 28
5.5 Licenses, Easements and Rights ofWay 29
5.6 New Improvements . • 29
5.7 AssociationRules and Regulations • 29
5.8 Schedule of Fines and Penalties • 30
ARTICLE 6 ASSESSMENTS 30
6.1 Creation of the Lien and Personal Obligation of Assessment 30
62 Purpose of Regular Assessments: Levy and Collection 31
6.3 Regular Assessments -Basis .31
6.4 Special Assessments 32
6.5 Emergency Situations 32
6.6 Compliance Assessments 33
6.7 Date of Commencement of Regular Assessments: DueDates 33
.34
6.8 Certification of Payment
6.9 Delivery of Statement 34
6.10 Reserves 34
6.11 Offsets and Waiver Prohibited 35
6.12 Exempt Property
6.13 Contribution to Working Capital of the Association 35
ARTICLE 7 EFFECT oF NONPAYMENT OF ASSESSMENTS:
REMEDIES OF THE ASSOCIATION 35a
7.1 Effect of Nonpayment of Assessments: Remedies of the Association 35
7.2 Notice of Delinquent Assessments 36
7.3 Foreclosure Sale 36
7.4 Curing of Default; Release of Lien 36
7.5 Cumulative Remedies 36
7.6 Mortgagee Protection 36
7.7 Alternatite Dispute Resolution -Assessments 37
ARTICLE 8 USE REST1UCTIONS 37
8.1 Residential Use 37
06220W1622/P90000-001J124206.3 111
Page
38
8.2 Business and Commercial Activity
38
8.3 Mandatory Installation and Mainten2nceof Landscaping
Areas 39
8.4 Use of Common Area and Association Maiàtenance
39
8.5 Conduct Affecting Insurance
39
8.6 Liability for Damage to the Common Area
.39
8.7 Signs
40
8.8 Maintenance of Animals
40
8.9 Quiet Enjoyment
40
8.10 ImprovementS ..
40
8.11
1Windows 41
8.12 (Parking
42
.
8.13 Regulation of Parking .
42
Vehicle Usage in Common Area.
42
8.15 Declarants Improvements
42
.
8.16 Solar Heating Systems
42
8.17 Roof Mounted Equipment
42
8.18 Leasing
43
8.19 Drilling . .
. . 43
8.20. Post-Tension Slab Construction ..
44
8.21 Trash; Outdoor Fires
44
8.22 Alteration of Drainage Conditions
44
8.23 Water Softeners
44
8.24 View Restrictions
8.25 Antennas; Exterior Structures
8.26 Prohibition Against Further Subdivision
46
8.27 Temporary Buildings
.8.28 HazardousWaste or Materials
8.29 Exemption of Declarant
47
ARcifirEaURa ANDLAt1DSCAPINGCONTROL
ARTICLE 9
47
9.1 Architectural Control
47.
9.2 Architectural Control Committee
48
9.3 Meetings of the Architectural ControlCommittee
48
9.4 Architectural Approval -Reviewof Plans and Specifications
49.
9.5 Regulafios and Fees for ArchitecturalReview
49
9:6 Review of Plans and Spetificatioi
51
of Architectural Control Committee tO Review
9.7 Submittal to City -Right
51
9.8 Approval of City
51
9.9 Performance of Work
52
9.10 Inspection of Work
iv
D622OO/1&2 1P90000.001i124206.I .
Page
Approval Not Waiver .
9.11 53
9.12 No Liability
ARTICLE 10 REPAIR AND MAThITENANCE 54
10.1 Repair and Maintenance by the Association . 54
10.2 Repair and Maintenance by Owner 56
10.3 Maintenance of Public Utilities 56
10.4 Party Walls 5
10.5 Damage and Destruction Affecting a Residence 57
10.6 Damage and Destruction Affecting the Association Maintenance Areas . . . 57
ARTICLE 11 DAMAGE OR DESTRUCTION TO
THE COMMON AREA 58
11.1 Restoration of Damaged Common Area 58
11.2 Retention of Excess Insurance Proceeds in General Fund 58
11.3 Notice.to Owners and Mortgagees 58
11.4 Requirements of Mortgagees 59
11.5 Damages by OwnerE . 59
11.6 Notification by Association of Defects 59
ARTICLE 12 CONDEMNATION 59
.
12.1 Distribution of Awards -CommonAreaS. . 59
12.2 Board of Directors as Attorney-in-Fact . 59
. . .
ARTTCLE 13 COVENANT AGAINST PARTITION 59
.
13.1 Covenant Against Partition 59
.
. ..
ARTICLE 14 INSURANCE
14.1 Required Insurance Coverage . . . . 60
14.2 Overriding Insurance Requirements 61
14.3 Other Insurance Coverage 61
14.4 Notice of Cancellation of Insurance 61
14.5 AnnualReviewofCoveiage 61
14.6 Waiver by Owners . 62
14.7 Premiums, Proceeds and Settlement 62
. . 62
14.8 Rights and Duties of Owners to Insure .
14-9 Trustee for Policies 63
06fl00/16:2!/P90000—OO1/124206.I V
Page
. 63
14.10 Mortgage Clise
ARTICLE 15 MORTGAGE PROTECTION . 63
63
15.1 Mortgagee Proteedon Provisions
67
Provisions
15.2 Violation of Mortgagee Protection
67
OBLIGATIONS
ARTICLE 16 ENFORCEMENT OF BONDED
67
16.1 EnfQreement of Bonded Obligations
68
OF DECLAR&NT
ARTICLE 17 INTEREST AI'1D EXEMPTION
68
17.1 Exemption of.Declarant
69
17.2 Reservation of Rights
69
17.3 Assignment of Declarants Rights
69
17.4 Creation and Relocation of Easements
69
17.5 Amendment of this Article .
70
PROPERTY
ARTICLE 18 ANNEXATION OF ADDITIONAL
70
18.1 Phased Development of the Project
70
Plans
18.2 Annexation Pursuant to Declarants Development
70
18.3 Notice ofAnnexadOfl
71
18.4 EffectiveDateofAnflexation :
71
18.5 Right of De-Annexation
71
18.6 Amendments to Notices of Annexation
71
Phases
18.7 Reciprocal Cross-asemefltS Between
72
18.8 Failure to Annex Annexation Piopefty
72
ARTIaB 19 GENERAL PROVISIONS
72
• 19.1 Enforcement
73
19.2 Dispute Notification and ResolutionProcedures
76
19.3 Severability
76
19.4 Term
76
19.5 Construction
76
19.6 SingularincludesPlUral 76
19.7 Aritendments
19.8 Encroachments
19.9 Notices
79
Purchasers
19.10 Delivery of Association Documents to Prospective
fl
.
O6flOO(16I/290000-0au124206.t