Amended And Restated Declaration Of Covenants, Conditions and Restrictions of Eastridge Hills Homeowners Association

NOTICE: If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.There may be some differences in this document and the original recorded version. You are advised to seek professional advice and rely only on County of Solano recorded documents.

RECITALS OF BACKGROUND FACTS; DECLARATIONS

This Amended and Restated Declaration of Covenants, Conditions and Restrictions is made on the date set forth at the end of this document by EASTRIDGE HILLS HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (referred to in this document as the “Association”).

A. The Association is the successor in interest to DAVIDON HOMES.

The Association is the successor in interest to DAVIDON HOMES, which, as Declarant, executed that certain DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR EASTRIDGE HILLS HOMEOWNERS ASSOCIATION, dated March 16, 2004, and recorded on April 2, 2004, as Document No. 200400040643, Official Records of Solano County, State of California (referred to in this document as the “2004 Declaration”).

B. Amendments and declarations of annexation to the 2004 Declaration.

Amendments and declarations of annexation to the 2004 Declaration were recorded on various dates as set forth in Exhibit A. The 2004 Declaration together with all of the instruments enumerated in Exhibit A is referred to herein as the “Original Declaration”.

C. The Original Declaration

establishes certain limitations, easements, covenants, restrictions, conditions, liens, and charges which run with, and are binding upon all parties having or acquiring any right, title, or interest in, that certain real property located in the County of Solano, State of California, and more particularly described as follows:

Lots 1 through 81, inclusive, and Common Area Parcels A through E, inclusive, as shown on that certain map entitled “Eastridge Hills” filed for record on August 21, 2003, in Book 77 of Maps, at Page 1, Official Records of Solano County, State of California.
Common Area Parcels 1 through 4, inclusive, as shown on that certain map entitled “Portion of Eastridge Hills Parcel Map” filed for record on December 18, 2003, in Book 45 of Parcel Maps, Page 15, Official Records of Solano County, State of California.

D. THE MEMBERS,

constituting at least a Majority of the Total Voting Power of the of the Association, desire to amend, modify, and otherwise change the Original Declaration, as amended pursuant to ARTICLE 13, SECTION 13.1.2 thereof, and DO HEREBY DECLARE that the Original Declaration as amended shall be, and it is hereby, AMENDED AND RESTATED IN ITS ENTIRETY as set forth in the within Amended and Restated Declaration of Covenants, Conditions and Restrictions of EASTRIDGE HILLS HOMEOWNERS ASSOCIATION.

E. IT IS FURTHER HEREBY DECLARED

that all of the real property described in Recital Paragraph C, above, constitutes a planned development within the meaning of Section 4175 of the California Civil Code.

F. IT IS FURTHER HEREBY DECLARED

that all of the real property described in Recital Paragraph C, above, is and shall be held, owned, operated, managed, conveyed, hypothecated, encumbered, leased, used, occupied, and improved subject to the following covenants, conditions, and restrictions set forth herein, all of which are declared and agreed to be in furtherance of a plan and purpose of protecting, preserving, and enhancing the value, desirability, and attractiveness of the said real property and every part thereof, and of fostering the development, management, improvement, enjoyment, and sale of the said real property and any part thereof.

G. IT IS FURTHER HEREBY DECLARED

that all of the covenants, conditions, and restrictions set forth herein shall constitute enforceable equitable servitudes as provided in California Civil Code section 5975, shall constitute covenants that shall run with the said real property, and shall be binding upon and inure to the benefit of each Owner of any portion of the said real property or the owner or holder of any interest or estate therein and their heirs, successors, and assigns.

ARTICLE 1 DEFINITIONS

1.1 Additional Charges

“Additional Charges” shall mean all costs, fees, charges, and expenditures including, but not limited to, interest, late charges, attorney fees, recording and filing fees, and all other costs actually incurred by the Association in collecting and/or enforcing payment of Assessments.

1.2 Architectural Committee

“Architectural Committee” shall mean the Committee, if any, appointed pursuant to Article 7 (“Architectural Approval”).

1.3 Articles

“Articles” shall mean the Amended and Restated Articles of Incorporation of Eastridge Hills Homeowners Association, as they may be amended from time to time, and as filed with the Office of the Secretary of State of California.

1.4 Assessments

“Assessments” shall mean any or all of the following: Regular Assessments, Special Assessments, Reimbursement Assessments, and Enforcement Assessments.

1.5 Association

“Association” shall mean Eastridge Hills Homeowners Association, a California nonprofit mutual benefit corporation, its successors and assigns.

1.6 Board of Directors

“Board of Directors” or “Board” shall mean the governing body of the Association.

1.7 Bylaws

“Bylaws” shall mean the Amended and Restated Bylaws of the Association as they shall be duly adopted by the Board of Directors and the Members and any duly-adopted amendments thereof.

1.8 City

“City” shall mean the City of Fairfield.

1.9 Civil Code

“Civil Code” shall mean the California Civil Code as amended from time to time.

1.10 Common Area

“Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners and Residents of the Development. The Common Area comprises Parcels A through E, inclusive, as shown on the Subdivision Map, and all improvements thereon including, but not limited to private streets, sidewalks, gutters and curbs, entrance gate and electronically-controlled entry system, fences, gates and walls, street lighting, landscaping, irrigation, and open space; Development signs and entry features; sanitary sewer pressure laterals, storm drains lines, and drainage facilities.

1.11 Contract Purchaser /Contract Seller

“Contract Purchaser” and “Contract Seller” shall mean the purchaser and the seller, respectively, under an installment land contract in which title to the property is transferred after the final installment payment is made.

1.12 Corporations Code

“Corporations Code” shall mean the California Corporations Code as amended from time to time.

1.13 County

“County” shall mean the County of Solano.

1.14 Declaration

“Declaration” shall mean this Amended and Restated Declaration of Covenants, Conditions and Restrictions of Eastridge Hills Homeowners Association, recorded in the Office of the County Recorder of Solano County, California, and any duly-recorded amendments thereof.

1.15 Development

“Development” shall mean all the real property described in this Declaration comprising the Eastridge Hills planned development and any additional real property as may hereafter be brought within the jurisdiction of the Association.

1.16 Dwelling

“Dwelling” shall mean a structure designed for human residential use and occupancy which is located upon a Lot. The term “Dwelling” shall include any garage, porch, stoop, deck, balcony, entry steps, patio, etc., serving the primary residential structure.

1.17 Eligible Holder

See Section 13.3 (“Eligible Holder Defined”).

1.18 Enforcement Assessment

“Enforcement Assessment” shall have the meaning set forth in Section 8.11.

1.19 First Mortgage /First Mortgagee

“First Mortgage” shall mean a Mortgage that has first priority over all other Mortgages. “First Mortgagee” shall mean the beneficiary under a First Mortgage.

1.20 Governing Documents

“Governing Documents” shall mean the Articles, Bylaws, Declaration, and Rules.

1.21 Individual Delivery /Individual Notice

“Individual Delivery” or “Individual Notice” shall mean delivery to a Member or Members by one (1) of the following methods, as provided in Civil Code section 4040:

By first-class mail with postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier, addressed to the recipient at such recipient’s address last shown on the books of the Association; or
By email, facsimile, or other electronic means if the recipient has consented in writing to that method of delivery. The consent may be revoked, in writing, by the recipient. Delivery by electronic transmission must also comply with Corporations Code sections 20 and 21. Among other things, Section 20 of the Corporations Code requires the Association to obtain consent from the person to whom the document is transmitted to receive it by means of electronic transmission as well as other technical requirements.

1.22 Institutional Mortgagee

See Section 13.2 (“Institutional Mortgagee Defined”).

1.23 Lot

“Lot” shall mean Lots 1 through 81 as shown on the Subdivision Map(s). There are eighty-one (81) Lots in the Development.

1.24 Maintenance

“Maintenance” or to “maintain” (whether the term is capitalized or not) shall mean the act of caring for property and keeping it in its existing state, preserving it from failure or deterioration, including painting, caulking, cleaning, and minor, non-structural upkeep. In the case of landscaping, “maintenance” or to “maintain” shall mean regular fertilizing, irrigation, pruning, and other garden management practices necessary to promote healthy plant growth free of weeds or dead or dying plants.

1.25 Member

“Member” shall mean an Owner.

1.26 Member in Good Standing

“Member in Good Standing” shall mean a Member of the Association who is current in the payment of all Assessments and Additional Charges imposed in accordance with the Governing Documents, and who is in compliance with all of the provisions of the Governing Documents. A Member shall be deemed to be in Good Standing unless, after notice and an opportunity for hearing, pursuant to Article 14 (“Enforcement; Notice; Hearings”), the Board has found the Member to be not in Good Standing and has so notified the Member in accordance with Civil Code section 5855.

1.27 Mortgage /Mortgagee

“Mortgage” shall mean a duly-recorded deed of trust or mortgage in the conventional sense encumbering a Lot. “Mortgagee” shall mean a beneficiary under a Mortgage and shall also include an insurer or governmental guarantor of a Mortgage including, without limitation, the Federal Housing Authority and the Department of Veterans Affairs.

1.28 Owner

“Owner” shall mean the record owner, whether one (1) or more persons or entities, of the fee simple title to any Lot, including Contract Sellers but excluding Contract Purchasers, and excluding those persons having such interest merely as security for the performance of an obligation.

1.29 Party Fence

See Section 10.1 (“Party Fence Defined”).

1.30 Prohibited Vehicle

See Section 5.22.4 (“Prohibited Vehicles”).

1.31 Regular Assessment

“Regular Assessment” shall have the meaning set forth in Section 8.7.

1.32 Reimbursement Assessment

“Reimbursement Assessment” shall have the meaning set forth in Section 8.10.

1.33 Repair

“Repair” (whether the term is capitalized or not) shall mean the minor restoration of property that is torn, broken, or otherwise damaged, or has sustained wear, tear, or deterioration such that minor restoration is necessary.

1.34 Replacement

“Replacement” or to “replace” (whether the term is capitalized or not) shall mean substantial reconstruction, restoration, or substitution of the whole or a substantial part of property that has deteriorated or has been damaged or destroyed through usage or through hazard or catastrophe such that it is no longer useable or serviceable in its current condition. In the case of landscaping, “replacement” or to “replace” shall mean the removal and replanting of trees, shrubs, lawns, and other plants that are dead or dying or otherwise not serviceable or the substitution of plants for hardscape or substitution of hardscape for plants.

1.35 Resident

“Resident” shall mean any person who resides on a Lot within the Development whether or not such person is an Owner.

1.36 Restricted Vehicle

See Section 5.22.5 (“Restricted Vehicles”).

1.37 Rules

“Rules” shall mean the policies, rules, and regulations governing the administration, management, operation, use, and occupancy of the Development, including the use of the Common Area and facilities, the personal conduct of Owners and Residents, members. of their household, pets, tenants, invitees, and guests within the Development, enforcement of the Governing Documents, and any other matter that is within the jurisdiction of the Association, as adopted, published, or amended by the Board from time to time and subject to applicable law including Civil Code section 4340 and following.

1.38 Special Assessment

“Special Assessment” shall have the meaning set forth in Section 8.8.

1.39 Subdivision Map

“Subdivision Map” or Map shall mean that certain map entitled “Eastridge Hills” filed for record August 21, 2003, in Book 77 of Maps, at Page 1, and that certain map entitled “Portion of Eastridge Hills Parcel Map” filed for record on December 18, 2003, in Book 45 of Parcel Maps, at Page 1, in the Office of the County Recorder of Solano County.

1.40 Total Voting Power

“Total Voting Power” shall mean the total number of votes of all Members entitled to vote at a particular time, calculated on the basis of one (1) vote for each Lot, excluding any Lots as to which an Owner is not then a Member in Good Standing.

ARTICLE 2 HOMEOWNERS ASSOCIATION

2.1 Management and Operation; Bylaws

The Association is an “assaciation” as defined in Civil Code section 4080 and as such shall have the power and the authority to manage and operate the Development in accordance with the Governing Documents and the provisions of applicable law. The Association shall have all of the powers set forth in the Governing Documents together with general power to do any and all things that a nonprofit mutual benefit corporation may lawfully do under the laws of the State of California, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Governing Documents. Provisions concerning the operation of the Association as a nonprofit mutual benefit corporation are set forth in the Bylaws.

2.2 Legal Standing

2.2 Legal Standing. To the fullest extent permitted by law, including Civil Code section 5980, the Association shall have standing to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as a real party in interest, and without joining with it the Owners, in matters pertaining to the following: (a) Enforcement of the Governing Documents, (b) Damage to the Common Area, (c) Damage to the separate interests that the Association is obligated to maintain, repair, or replace, (d) Damage to a separate interest that arises out of, or is integrally related to, damage to the Common Area or separate interests that the Association is obligated to maintain, repair, or replace.

2.3 Membership

2.3 Membership. Every Owner of a Lot shall be a Member of the Association and shall remain a Member thereof until such time as his or her ownership of such Lot ceases for any reason. Fee ownership of a Lot shall be the sole qualification for membership in the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot and shall not be transferred, encumbered, pledged, alienated, or otherwise hypothecated in any way, except in connection with the sale or encumbrance of the Lot to which it is appurtenant.

2.4 Voting

Only Members in Good Standing shall be entitled to vote and, except pursuant to Section 5.25 (“Merger of Lots”) in the event of a merger of Lots, only one (1) vote shall be cast for each Lot, as more particularly set forth in the Bylaws.

2.5 Association Rules

Subject to applicable law including Civil Code section 4340 and following, regarding notice and procedures, the Board shall have the power and the authority to establish, promulgate, amend, repeal, and enforce Rules.

ARTICLE 3 PROPERTY SUBJECT TO THIS DECLARATION

3.1 Legal Description

The property subject to this Declaration and to the jurisdiction of the Association is described in Recital Paragraph C, above.

3.2 Classification of Property

The property subject to this Declaration is a planned development. All of the property subject to the Declaration is divided into the following categories:

Common Area, and
Lots.

3.3 Ownership Interest; No Separate Conveyance

The ownership interest of each Lot Owner shall include: (i) a designated Lot, (ii) a Membership in the Association, and (iii) any easements appurtenant to such Lot as are applicable, all as described in the Declaration or in the deed to the Lot. Membership, and each Owner’s undivided interest in the Common Area, and any such easements shall be appurtenant to and may not be separated from ownership of a Lot and shall not be transferred, encumbered, pledged, alienated, or otherwise hypothecated in any way, except in connection with the sale or encumbrance of the Lot to which it is appurtenant.

3.4 Limitation on Partition of Common Area

There shall be no subdivision or partition of the Common Area, nor shall any Owner seek any partition or subdivision of the Common Area. Notwithstanding any provision to the contrary contained in this Declaration and in order to provide for a means of terminating the Development if this should become necessary or desirable upon the occurrence of any of the conditions presently set forth in Civil Code section 4610 or as such conditions in the future may be set forth in any amendment thereto or comparable provision of law, two-thirds (2/3) of the Owners of Lots shall have the right to petition the Superior Court having jurisdiction to alter or vacate the Map under California Government Code section 66499.21 and following, or any comparable provisions of law, and to vest title to the Common Area in the Owners as tenants in common and order an equitable partition of the Common Area ira accordance with the laws of the State of California. If any Lot shall be owned by two (2) or more co-tenants as tenants in common or as point tenants, nothing contained in this Declaration shall be deemed to prevent a judicial partition by sale as between such co-tenants.

3.5 Notice of Airport in Vicinity (Civil Code section 4255(a))

This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. As provided by Civil Code section 4255(d), the preceding statement does not constitute a title defect, lien, or encumbrance.

3.6 Eastridge Property Owners Association Entrance Gate and Private Guardhouse

“Eastridge Property Owners Association” or “EPOA” shall mean that certain Common Interest Development (“CID”) located adjacent to the Development The EPOA and the Eastridge Hills Homeowners Association are successors in interest to the parties that executed the Private Development Agreement dated April 3, 1992, and recorded on January 20, 1993 as Document No. 1993-00005162, Official Records of Solano County, State of California, which Agreement sets forth mutual reciprocal easements for ingress and egress and for roadway and entrance gate maintenance as set forth in Section 4.8 (“Reciprocal Easements”). As part of the Private Development Agreement, the Eastridge Hills Homeowners Association and the EPOA share the cost, on a pro-rated basis, for the EPOA entrance gate and private guardhouse located at the main entrance of the EPOA CID at Green Valley Road.

3.7 Gated Entrances, Security and Privacy Disclaimer

The Association is the owner of an electronically-controlled entrance gate that provides ingress and egress into the Development. In addition, the Association has rights of ingress and egress through the neighboring Eastridge Property Owners Association (“EPOA”) entrance gate, which is electronically-controlled and/or privately guarded by gate attendants (either as employees of EPOA or through a contracted service). Owners and Residents acknowledge that neither the Association’s entrance gate, the EPOA entrance gate, nor the gate attendants, if any, are intended to provide security or privacy for persons, personal property, or the Lots in the Development. The Association does not undertake to provide security or privacy for the Development or the Owners or Residents, nor does the Association make any representations or warranties concerning the security or privacy of the Development or the Owners or Residents.

3.8 Landscape and Lighting Maintenance District

The Landscape Lighting Maintenance District (“LLD”) fees are levied by the City to maintain certain amenities, including without limitation, public landscaping, open spaces, and lighting for the Development. The LLD is an assessment district authorized by State law and administered by the City. The assessments appear on the Owner’s property tax bills and are applied to the LLD.

3.9 Additional Disclosures

3.9.1 Maintenance Districts and Special Districts

The Project receives services from and is subject to taxes and/or assessments for the following maintenance districts and special districts:

North Cordelia Landscape Maintenance District (see Section 3.8 above).
Community Facilities District No. 2 (City open space).
Community Facilities District No. 3 (City General Improvements)? and.
Community Facilities District No. 5 (FairField Suisun Unified School District —Mello Roos district).

3.9.2 Permitted Uses of the Open Space/Park

The Project is adjacent to open space and parklands owned by the City. No private access to this area is permitted from the Project; however, public access and use, including, without limitation, hiking and biking is permitted within the open space/park. In addition, the City grazes livestock in this area from time to time, as needed, to control combustible materials.

3.9.3 Fire Danger

The Project is within a high fire danger area. The existing seventy-five foot (75′) fire break adjacent to the Project within the City’s open space/park shall be maintained at all times in accordance with Section 9.1.8.

3.9.4 Fairfield Construction Projects

The City has approved zoning changes for future medium density residential and commercial development along West America Drive East of the Project.

3.9.5 Putah South Canal

The Putah South Canal, owned by the U.S. Bureau of Reclamation and operated by the Solano Irrigation District abuts the southern boundary of the Project as shown on the Map.

3.9.6 Fairfield Tree Preservation Ordinance

Oak Trees within the Project, including, without limitation, oak trees planted by Declarant to mitigate the loss of oak trees caused by the construction of the Project (“Mitigation Oaks”), are protected under the City’s tree preservation ordinance and may not be removed. Mitigation Oaks are located on Parcels A and B and on some private Lots. The cost of maintenance for Mitigation Oaks located on Parcels A and B, is included as part of the Assessment for maintenance of the irrigation system. Maintenance of Mitigation Oaks located on private Lots is the responsibility of each Owner thereof. Contact the City’s Planning and Development Department prior to removing any oak trees within the Project.

3.9.7 Drainage Draws; Private Storm Drain Easements

A drainage draw passes through Lots 33 through 44, inclusive, Lots 49 through 50, inclusive and Lot 66. The existing draw is located within a PSDE as shown on the Map.

3.9.8 Improvements Within Public Service Easement

A City twenty-four inch (24″) water transmission main, a twenty-four inch (24”) storm drain line and an eight inch (8″) sewer line pass through Lots 51 and 56. A PSE encumbers these Lots along the alignment of the pipelines as shown on the Map. Owners of these lots shall obtain approval from the City Public Works Department prior to the commencement of any grading or other improvements located within the PSE.

3.9.9 Rockville Hills Park Drainage

Water runoff from the City owned Rockville Hills Park, adjacent to the Project, flows over Parcels A and B. Pursuant to Section 7.2.7 (“Drainage Patterns”), existing drainage patterns over the common areas, including, without limitation, Parcels A and B, may not be altered or interfered with and pursuant to Section 9.1.7 (“Drainage Draw”), the Association is responsible for the maintenance of drainage facilities located on Parcels A and B.

3.9.10 Lot 66 Sight Restriction

Lot 66 shall be subject to a sight restriction as shown on the Map.

3.10 Annexation

No property shall be annexed to the Development without prior approval of two-thirds (2/3) of the Total Voting Power of the Association as to the principal terms of such annexation, including the principal terms of any merger of the Association with one (1) or more other entities incident to such annexation.

3.11 New Capital Improvements

The Board of Directors shall have the power and authority to provide for the construction, installation, or acquisition of new capital improvements upon the Common Area (as distinguished from expenditures for the reconstruction or replacement of an existing capital improvement), provided that in any fiscal year expenditures for such new capital improvements shall not exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without the approval of a majority of the Total Voting Power of the Association.

3.12 Sale or Transfer of Association’s Property

The Board of Directors shall not in any fiscal year sell or transfer property owned by the Association having a value in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without approval of a majority of the Total Voting Power of the Association.

ARTICLE 4 MECHANIC’S LIENS; EASEMENTS

4.1 Mechanic’s Lien Against Common Area

In the event there shall be filed against the Common Area a notice of mechanic’s lien for, or purporting to be for, labor or materials alleged to have been furnished or delivered for any Owner within the Development or his or her Lot, such Owner shall forthwith cause such lien to be discharged by payment, bond, or otherwise. If the Owner fails to cause the lien to be discharged, the Board may send written notice to the Owner specifying that unless the Owner causes the lien to be discharged within five (5) days from the date of such notice, the Board may cause the lien to be discharged. Within such five-day period, and notwithstanding any other provisions of the Governing Documents concerning notice or hearing, the Owner shall be permitted a hearing before the Board regarding the validity of such lien and any offsets or defenses thereto. At that time, the Board shall determine whether the lien adversely and improperly affects and encumbers the rights and interests of the Association or the other Owners. If the Board of Directors determines that the lien does adversely and improperly affect and encumber such rights and interests and that adequate protection of such rights` and interests has not been provided, the Board may cause the lien to be discharged by payment, bond, or otherwise. The Board shall have the right to levy a Reimbursement Assessment against the Owner responsible for causing the lien to be discharged in an amount equal to all amounts paid by the Association together with interest thereon at the legal rate and all costs and expenses paid or incurred in connection therewith, including reasonable attorney fees.

4.2 Easements on the Subdivision Map

The Common Area and Lots are subject to the easements and rights of way shown on the Subdivision Map, including, but not limited to the P.S.E. (“Public Service Easement”), P.S.D.E. (“Private Storm Drainage Easement”), P.A.E. (“Private Access Easement”), and F.E. (“Fence Easement”).

4.3 Easements in General

In addition to all easements reserved and granted on the Subdivision Map(s), there are hereby specifically reserved and granted for the benefit of the Lots and Lot Owners in common and for each Lot and Lot Owner severally, and for the Association, as their respective interests shall obtain, the easements, reciprocal negative easements, secondary easements, and rights-of-way as particularly identified in this Article 4.

4.4 Owner’s Non-exclusive Easements of Enjoyment

Every Owner of a Lot shall have a non-exclusive easement of use of and enjoyment in, to, and throughout the Common Area of the Development. Each such non-exclusive easement shall be appurtenant to and pass with the title to every Lot, subject to the following rights and restrictions:

The right of the Board to establish and enforce Rules governing the use of the Common Area and facilities thereon.
The right of the Board to charge reasonable admission and other fees for the use of any facilities situated upon the Common Area.
The right of the Board to reasonably restrict entry to the Development from outside the Development by one or more gatehouses or remotely operated gates at entrances to the Development, provided that no such restriction upon entry shall unreasonably interfere with the access rights of Owners or Occupants of the Development.
The right of the Board to suspend an Owner’s right to use the Common Area facilities as provided in Section 14.8 (“Imposing Sanctions”).
The right of the Board, as set forth in Section 3.12 (“Sale or Transfer of Association’s Property”), to sell or transfer personal property owned by the Association.
The right of the Board, as set forth in Section 4.13 (“Utility Easements”), to grant and transfer utility easements and rights-of-way in, on, over, or under the Common Rrea subject to such conditions as may be agreed to by the Board.
The right of the Board, as set forth in Section 4.14 (“Board’s Power to Grant Easements and Licenses to Owners”), to grant easements, Incenses, and rights-of-way upon the Common Area; and.
The right of the Association or its authorized agents, as provided in this Declaration, to perform its obligations under this Declaration, including obligations with respect to construction, maintenance, repair, or replacement for the benefit of the Common Area or the Owners in common.

4.5 Easement of Support

The Association and each Owner shall have a non-exclusive easement appurtenant to the Common Area and to each Lot through and over each Lot and the Common Area to support and maintain the Common Area and all Lots.

4.6 Easements for Storm Drains

Non-exclusive easements for surface and subsurface storm drains and the flow of water in accordance with natural drainage patterns and the drainage patterns and Improvements originally installed or constructed in the Development are reserved and granted for the benefit of each Lot and the Common Area over, under, across, and through the Development, except the Dwellings. Additionally, each Lot and the Common Area shall be subject to all easements granted during the initial construction of the Development to install and maintain storm drainage improvements necessary for the Development including those improvements located with a Public Service Easement “PSE,” which easements encumber those Lots along the alignment of the pipelines or where the PSE easements lie, as shown on the Map.

4.7 Private Storm Drainage Easement

There are reserved and there shall exist an easement over, under and through those areas on the Map marked as Private Storm Drainage Easements (“PSDE”) for the purpose of construction, access, maintenance and transport of storm water and for storm facilities.

4.8 Reciprocal Easements

There are reserved and there shall exist mutual reciprocal easements for ingress and egress and for roadway and entrance gate maintenance between the Association and the Eastridge Property .Owners Association as described in that certain Private Development Agreement dated April 3, 1992, and recorded on January 20, 1993 as Document No. 1993-00005162, Official Records of Solano County, State of California, including, but not limited to, Exhibit E thereto.

4.9 Easements of Encroachment

There shall be reciprocal appurtenant easements of encroachment as between each Lot and such portion or portions of the Common Area adjacent thereto and/or as between adjacent Lots due to the placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon in accordance with the terms of the Declaration; provided, however, that in no event shall an easement for encroachment exist in favor of an Owner, a Resident, or the Association if such encroachment occurred due to willful unauthorized conduct on the part of such person. In the event that a structure on any Lot is partially or totally destroyed and then repaired or rebuilt in accordance with the provisions of the Declaration, the Owners of each Lot agree that minor encroachments over adjoining Lots and/or Common Area shall be permitted and there shall be easements for the maintenance of said encroachments so long as they shall exist.

4.10 Easements of Governmental Agencies

There are reserved and there shall exist easements in favor of all governmental and quasi-governmental agencies over the Common Area for the purpose of performing their duties within the Development.

4.11 Owner’s Easements for Maintenance of Utilities

Whenever sanitary sewer, drainage, water, electricity, gas, television receiving, telephone lines or connections, heating or air-conditioning conduits, ducts, or flues are installed within the Development, which connections or any portion thereof lie in or upon a Lot or Lots or Common Area owned by other than the Owner of a Lot served by said connections, the Owner of any Lot served by said connections shall have the right, and are hereby granted an easement to the full extent necessary therefor, to enter upon the Lot or Lots or to have the utility companies enter upon the Lot or Lots in or upon which said connections, or any portion thereof, lie, to repair, replace and generally maintain said connections as and. when necessary.

4.12 Owner’s Right to Full Use of Shared Services

Whenever sanitary sewer, drainage, water, electricity, gas, television receiving or telephone lines or connections, heating or air-conditioning conduits, ducts, or flues are installed within the Development which connections serve more than one (1) Lot, the Owner of each Lot served by said connection shall be entitled to the full use and enjoyment of such portions of said connections serving his or her Lot.

4.13 Utility Easements

There are reserved and there shall exist easements over and under the Development or any portion thereof for the purpose of constructing, erecting, operating, or maintaining thereon, therein, or thereunder overhead or underground lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities, and for any other purposes deemed by the Board to be appropriate and not inconsistent with the purposes and interests of the Association, together with the right to grant and transfer the same and each purchaser, in accepting a deed to a Lot, expressly consents thereto; provided, however, that no such easement or rights-of-way may be granted or transferred if it would unreasonably interfere with the use, occupancy, or enjoyment by an Owner or Resident of any Lot and any existing exclusive easements over Common Area appurtenant thereto, if any, without the consent of the Owners) affected.

4.14 Board’s Power to Grant Easements and Licenses to Owners

Notwithstanding any other provisions of the Governing Documents, the Board shall have the power in its discretion without approval vote of the Members to grant and convey licenses for use, rights-of-way, and nonexclusive easements in, over, or under the Common Area or any pörtion thereof to Owners, for such purposes as the Board deems to be appropriate and not inconsistent with the purposes and interests of the Association; provided, however, that approval of two-thirds (2/3) of the Total Voting Power of the Association shall be required to grant an exclusive easement over Common Area to any Member, other than any grant or conveyance to a Member described in Civil Code section 4600(b).

ARTICLE 5 USE RESTRICTIONS

5.1 Use of Common Area Generally

All use of Common Area is subject to the Governing Documents. Subject to the provisions of the Governing Documents, the Common Area shall be held, maintained, and used to meet the common interests of the Owners and the Residen+s, members of their household, tenants, and guests.

5.2 No Public Rights

There shall be no entitlement to public use of, access to, or other public rights in, the Project property. The Association reserves the rights to prohibit entry on the Project property by any person whose presence is not authorized by the Governing Documents.

5.3 No Alteration of Common Area

Except as may be authorized by the Board, no person or entity other than the Association or its duly-authorized agents shall (i) construct, reconstruct, refinish, alter, or maintain any improvement upon the Common Area, (ii) make or create any excavation or fill upon the Common Area, (iii) change the natural or existing drainage of the Common Area, or (iv) plant, remove, or destroy any seed, plant material, tree, shrub, or ether vegetation upon the Common Area.

5.4 No Obstruction of Common Area

The Common Area shall be kept free of rubbish, debris, and other unsightly or unsanitary materials. There shall be no obstruction of any part of the Common Area nor shall anything impair access to the Common Area. Each Owner shall avoid causing any damage to the Common Area.

5.5 No Smoking in Common Area

For the safety of the property and for the health, safety, and security of all Residents of the Development, no smoking of cigarettes, cigars, pipe, electronic cigarettes or “e-cigarettes,” personal vaporizers, electronic nicotine delivery systems, or any other tobacco product, marijuana, or legal or illegal substance shall be permitted anywhere in the Common Area, whether indoors or outdoors. “Smoking” shall include the inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar, pipe, electronic cigarettes or “e-cigarettes,” personal vaporizers, electronic nicotine delivery systems, or other tobacco product, marijuana, or legal or illegal substance, and shall include smoke from any such activity drifting from the interior of a Lot to the Common Area.

5.6 Delegation of Use

Any Owner may delegate his or her rights of use and enjoyment, including easements, in the Development to the members of his or her household, tenants, Contract Purchasers, and guests, subject to the terms of the Governing Documents. Upon the leasing or renting of a Lot, or upon occupancy of a Lot by a Contract Purchaser, the Owner shall be deemed to have delegated and assigned all such rights exclusively to the tenants or Contract Purchasers of such Lot. Any rights of enjoyment that have been delegated by an Owner are subject to suspension to the same extent that rights of Owners are subject to suspension as provided in the Governing Documents.

5.7 Residential Use

Except to the extent permitted in Section 5.9 (“Restriction on Businesses”), Lots shall be occupied and used only for single family residential purposes in conformity with the requirements of applicable zoning laws or other state or local rules or regulations.

5.8 Lots Subject to a No Build Zone

The following Lots are subject to a no-build zone as shown on the Subdivision Map: Lots 2 through 8, inclusive, Lots 17 through 20, inclusive, Lots 26 through 28 inclusive, Lots 32 through 33, inclusive, and Lots 67 through 81 inclusive. No development of any building, structure, fence, impervious surface, or grading shall occur inside this area, other than those drainage facilities, fences and improvements constructed by developer at the time of the original construction of such improvements, if any.

5.9 Restriction on Businesses

5.9.1 Types of Businesses Allowed

No business of any kind shall be established, maintained, operated, permitted, or conducted within the Development except: (i) professional, administrative, or clerical activity as may be permitted by applicable governmental ordinances without the requirement of a conditional use permit but only if such activity does not entail the presence of employees, patrons, clients, or vendors except on an infrequent basis; does not require storage of large amounts of bulky goods or inventory; there is no selling or offering for sale of any goods or services from the Lot, there is no external evidence of such activity including but not limited to a significant increase in traffic within the Development; the activity complies with all applicable governmental ordinances; and the activity is merely incidental to the use of the Lot for residential purposes and (ii) certain care facilities that, by law, cannot be prohibited within the Development, including family day care homes and residential care facilities as provided in Section 5.10 (“Family Day Care Homes”) and Section 5.11 (“Residential Care Facilities”).

5.9.2 Indemnification Regarding Business Activity

To the fullest extent permitted by law, every Owner or Resident who conducts or engages in any business, commercial endeavor, or profession within the Development, or whose tenant does so, agrees to and shall indemnify and defend the Association, its officers, directors, employees, and agents and shall hold them harmless from and against any cost, loss, claim, or damages of any kind, arising out of the conduct or presence of such activity, including but not limited to attorney fees, any claims for consequential damages, and any claims arising or alleged to arise out of the enforcement or nonenforcement by the Association of the Governing Documents, including but not limited to the restriction on business contained in this Section 5.9. Any amounts owed pursuant to this Section 5.9.2 may be assessed as a Reimbursement Assessment.

5.10 Family Day Care Homes

No family day care home for children shall be permitted within the Development except as specifically authorized by California Health and Safety Code section 1597.40 and other applicable state statutes. The owner/operator of any- permitted family day care home shall provide the Association with prior written notice as to its operation, and comply with all local and state laws regarding the licensing and operation of a day care home and, in addition, shall:

Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the day care home, as provided under California Health and Safety Code section 1597.531. This clause (a) of Section 5.10 is intended to be and shall be conclusively deemed to be the written notice to the operator or owner from the Association as specified in California Health and Safety Code section 1597.231.
Be subject to the provisions of Section 5.9.2 (“Indemnification Regarding Business Activity”).
Abide by and comply with all of the Association’s Rules.
Supervise and be completely responsible at all times for children for whom day care services are provided while they are within the Development; and.
Cooperate with the Association upon request by the Association or its insurance agent or carrier for proof of insurance, proof of the agreement of the owner or operator of the home to these conditions, or other reasonable requests.

5.11 Residential Care Facilities

Except for residential facilities serving six (6) or fewer persons and permitted in accordance with California Health &Safety Code sections 1566.3 and 1569.85 and other applicable state statutes, no health care facilities operating as a business or .charity and serving the sick, elderly, or physically or developmentally disabled shall be permitted in the Development. The owner/operator of any permitted residential care facility shall comply with all local and state laws regarding the licensing and operating of such facility, and, in addition, to the extent permitted by applicable laws, shall:

Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of such residential care facility.
Be subject to the provisions of Section 5.9.2 (“Indemnification Regarding Business Activity”).
Abide by and comply with all of the Association’s Rules as applied to Lots in the Development in a general manner.
Supervise and be completely responsible for occupants of such residential facility at all times while they are within the Development; and.
Cooperate with the Association upon request by the Association or its insurance agent or carrier for proof of insurance, proof of the agreement of the owner or operator of such residential care facility to these conditions, or other reasonable requests.

5.12 Compliance with Laws

Each Owner and Resident shall comply with all requirements of all federal, state, and local governmental authorities and all laws, ordinances, rules and regulations applicable to his or her Lot and Dwelling and the Common Area.

5.13 Unlawful Conduct Nuisances Noise

No unlawful, noxious or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done within the Development which may be or become a nuisance, or cause unreasonable disturbance, or annoyance to any Resident of the Development, or which shall in any way interfere with Residents’ use of the Common Area.

5.14 Plants and Pests

No Resident shall permit anything or any condition on a Lot which would induce, breed or harbor infectious plant diseases or noxious insects or vermin.

5.15 Conditions Affecting Insurance

Nothing shall be done, placed, or kept within the Development that will increase the rate of insurance or result in the cancellation of insurance under any insurance policy maintained by the Association, or which will be in violation of any governmental statute, ordinance, rule, or regulation. If any Owner or Resident, member of their household, tenant, invitee, or guest shall violate this Section 5.15, the Lot Owner shall be liable to the Association for any resulting increase in insurance premiums and any other damages, which may be assessed against the responsible Owner as a Reimbursement Assessment.

5.18 Shortwave or Other Radio Operations

The operation of any shortwave or any other kind of radio transmitter from any Lot is not permitted without prior written authorization of the Board and then only if such operation does not in any way interfere with the rights of other Owners or Residents.

5.19 Animals

5.19.1 No Commercial Purposes

No animals shall be kept, bred, or maintained within the Development for any commercial purpose.

5.19.2 Number of Pets

A reasonable number of common domestic household pets such as dogs, cats, and birds may be kept on each Lot, so long as the pets are maintained in accordance with applicable laws and so as to not have an impact on the wildlife in the area. No horses, mules, pigs, hens, roosters or other farm animals or pets are permitted in the Development.

5.19.3 Control of Pets

While in Common Areas each dog must be restrained on a leash held by a responsible person capable of controlling the dog. Any Owner or Resident may cause any unleashed dog within the Common Area to be removed to a pound or animal shelter under the jurisdiction of the City of Fairfield or the County of Solano.

5.19.4 No Outside Feeding of Animals

There shall be no feeding of ducks, geese, deer, raccoons, skunks, or any other non-domesticated animals within the Development. In order to control feral cats, raccoons, vermin, and other stray animals within the Development, no animal food shall be kept or placed outside anywhere within the Development, except for approved bird feeders. Pet feeding stations may not be kept in a garage if the garage door is left open permitting animals to access the feeding station.

5.19.5 Responsibility for Pets

The owner of each pet shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Development by such pet. Owners, their tenants, and guests shall prevent their pets from soiling any portion of the Common Area and shall immediately clean up any mess left by their pet.

5.19.6 Indemnification Regarding Pets

Each Owner, Resident, and any person bringing or keeping an animal within the Development shall be absolutely liable to the Association and all other persons for any injury or damage to persons or properly caused by the animal brought upon or kept upon the Development by such person or by members of his or her household, tenants, invitees, or guests. To the fullest extent permitted by law, each Owner agrees to and shall indemnify and defend the Association, its officers, directors, employees, and agents and shall hold them harmless from and against any cost, loss, claim, or damages of any kind, arising out of or resulting from the presence or conduct of any animal brought upon or kept within the Development by the Owner, members of his or her household, tenants, invitees, or guests including but not limited to attorney fees, any claims for consequential damages, and any claims arising or alleged to arise out of the enforcement or nonenforcement by the Association of the Governing Documents, including but not limited to the restrictions on animals contained in this Section 5.19. Any amounts owed pursuant to this Section 5.19.6 may be assessed as a Reimbursement Assessment.

5.20 Trash Disposal

Trash, garbage, accumulated waste plant material, other waste and refuse, and recyclable waste shall be deposited only in containers provided for that purpose by the garbage collection service. Such containers shall be located in an appropriate area upon each Lot and concealed from view. No Owner or Resident shall permit or cause any garbage, trash, or other waste or refuse to be kept upon any portion of any Lot or elsewhere in the Development, except in such containers. Furniture, appliances, water heaters, construction or remodeling debris, and other bulky items must be properly disposed of off-site by the Owner or .Resident at his or her sole expense and shall not be placed in Association waste containers or discarded in the dumpster areas.

5.21 Signs, Banners, Flags

Only the following types of signs, posters, banners, or flags shall be displayed to the public view from any portion of the Development:

Signs required by legal proceedings.
A noncommercial sign or poster no larger than nine (9) square feet in size or a noncommercial flag or banner no larger than fifteen (15) square feet in size, displayed upon a Lot or Dwelling, and limited to the fullest extent permitted by Civil Code section 4710.
A single sign of customary and reasonable dimension and design, complying with the provisions of any applicable ordinance and the Architectural Rules, if any, and reasonably located on a Lot advertising a Lot for sale or rent.
Other signs which by law cannot be prohibited.
A flag of the United States, subject to any city or county restrictions as to size and as to time, place, and manner of display, as provided in Civil Code section 4705.
Signs approved by the Board as required for traffic control and regulation of streets or open areas within the Development; and.
Signs on the Common Area as approved by the Board for a purpose reasonably related to the affairs of the Association, including signs located at or near any entrance to the Development identifying the Development.

5.22 Vehicles and Parking

5.22.1 Limit on Number of Vehicles; Parking Generally

Due to space constraints within the Development, no Owner or Resident shall be permitted to park or keep more vehicles in the Development than the number of vehicles that may be parked within the garage and entirely upon the driveway of a Lot. The primary parking facility for Residents of each Lot is the garage and the driveway of the Lot. Owners and Residents are required to park at least two (2) motorized passenger vehicles within the Garage. Owners and Residents are not permitted to park within the private streets.

5.22.2 Guests Parking

Guests may park within the garage or upon the driveway of the Lot where the guests is visiting. Guests may also park temporarily in the private street in front of the Lot. Parking is not allowed at any time in designated fire lanes. No vehicle shall be parked continuously in the street for longer than twelve (12) hours.

5.22.3 Oversized Vehicles

No vehicle that is too large to be parked entirely within a garage or entirely within a designated parking space (including but not limited to trailers, campers, mobile homes, and commercial vehicles and trucks) shall be permitted to remain anywhere within the Development, except that such vehicle may be parked temporarily (not to exceed eight (8) hours) for purposes of loading or unloading, provided such vehicle does not interfere with the safe ingress and egress of pedestrians and vehicular traffic within the Development.

5.22.4 Prohibited Vehicles

Prohibited Vehicles may not be brought into the Development. The following types of vehicles are Prohibited Vehicles:

unless parked entirely within a garage, dilapidated or inoperable vehicles, (ii) unreasonably noisy vehicles, vehicles that emit foul-smelling or offensive exhaust fumes, and (iii) mobile homes.

5.22.5 Restricted Vehicles

Restricted Vehicles shall not be kept or parked anywhere within the Development except entirely inside a garage or wholly within the driveway of the Lot. The following types of vehicles are Restricted Vehicles: (i) campers, motor homes, recreational vehicles, (ii) trailers, (iii) boats, (iv) golf carts or similar equipment, (v) limousines and commercial vehicles. The term “commercial vehicle” shall not include any two-axle passenger vehicle or pickup truck no larger than three-quarter (3/4) ton that is used by a Resident both for business and for daily personal transportation, provided that any signs or markings of a commercial nature on such vehicle shall be unobtrusive and inoffensive as determined by the Board (for example and not by way of limitation, commercial information on a license plate holder or a dealership decal or nameplate on a vehicle would be considered “unobtrusive”) and such vehicles shall be considered passenger vehicles. Restricted vehicles shall not be kept or parked within the Development other than inside a garage or in the wholly within the driveway of the Lot, except that they may be parked temporarily in the street in front of a Lot for up to twelve (12) hours for purposes of loading or unloading only.

5.22.6 Commercial Vehicles

Commercial vehicles of vendors, utilities, contractors, and others providing services shall be permitted within the Development while services are actually being performed and shall not be parked within the Development overnight. Commercial vehicles driven by Residents must be parked within the Garage or upon the driveway of the Lot. Oversized commercial vehicles are subject to the provisions of Section 5.22.3. Vendors such as contractors, delivery persons, or movers may park commercial vehicles upon the private streets within the Development temporarily as necessary while performing work, but shall not leave commercial vehicles overnight in the Development.

5.22.7 Definition of Commercial Vehicle

Commercial Vehicle shall mean (i) any vehicle that is classified as Class 3 and above by the United States Department of Transportation Vehicle Inventory and Use Survey, meaning any vehicle with a Gross Vehicle Weight Rating (GVWR) of more than ten thousand pounds (10,000 Ib), (ii) any vehicle (including vehicles with a GVWR of ten thousand pounds or less) displaying signs or markings of a commercial nature, unless such signs or markings are small and unobtrusive as determined by the Board (for example and not by way of limitation, commercial information on a license plate holder or a dealership decal or nameplate on a vehicle would be considered “unobtrusive”), (iii) limousines, any vehicle that is equipped to carry more than ten (10) people, (iv) any vehicle equipped with a rack that is loaded with any construction materials, merchandise, supplies, or tools, (v) any pickup truck containing construction materials, merchandise, supplies, or tools that are visible.

5.22.8 Vehicle Repairs

Except for within the garage of the dwelling, no motor vehicles or boats shall be constructed, reconstructed, repaired, or serviced within the Development (other than minor emergency repairs to the extent necessary to move the vehicle to a repair facility).

5.22.9 Car Covers

Car covers used on a driveway within a Lot must be neutral in color, such as white, tan or beige. No car covers may be used on a guest’s cars while the car is parked within the street.

5.22.10 Parking Enforcement and Towing

The provisions of this Section 5.22 apply to all vehicles within the Development, including vehicles of guests and invitees. In addition to the provisions of this Section 5.22, the Board shall have the power and authority to adopt, promulgate, and enforce Parking Rules and shall have the power to impose fines and other sanctions for violations of provisions of the Governing Documents relating to vehicles and parking. Subject to the provisions of applicable law, including California Vehicle Code section 22658, the Board shall have the power and authority to cause the towing, at the vehicle owner’s expense, of vehicles that are parked within the Development in violation of any of the provisions of the Governing Documents. Costs incurred by the Association relating to the towing and/or storage of any vehicle parked in violation of any provision of the Governing Documents shall be assessed as a Reimbursement Assessment against the Owner responsible or whose household member, Contract Purchaser, tenant, invitee, or guest is responsible for the presence of such vehicle.

5.23 Garages and Garage Doors

Each garage shall be used for parking the vehicles of the Residents of the Dwelling and, except for temporarily and not to exceed thirty (30) days, shall not be used for any other purpose that interferes with the ability to park the number of vehicles the garage was designed to accommodate unless the number of vehicles of al! Residents of the Dwelling is less than the number the garage was designed to accommodate. No part of any garage shall be converted tca other use without prior architectural approval. Each garage door shall remain closed except during ingress or egress or when necessary to provide ventilation for individuals working in the garage area.

5.24 Outbuildings

In no event shall any outbuilding, tent, shack, shed or similar structure be placed upon a Lot, either temporarily or permanently, without the prior written consent of the Board. No such approved structure, motorhome, camper, trailer, recreational vehicle, or garage may be used as a residence on the Lot, whether temporarily or permanently.

5.25 Subdivision or Merger of Lots

No Lot may be subdivided .without the prior written approval of the Board. A subdivided Lot the creates an additional Lot in the Development shall be subject to this Declaration and Assessments levied by the Association pursuant to Article 8. Two (2) or more Lots may be combined for the purpose of creating a larger parcel to serve as the site for a single Dwelling. Any such combination or merger shall not reduce the number of Lots as defined in and for purposes of this Declaration and, in particular, Assessments and voting rights attributable to the combined or merged lots shall be allocated to the Owners) thereof, notwithstanding any other provision of the Governing Documents.

5.26 View Obstruction

The Association does not guarantee, represent or warrant any privacy or protected views within the Property and no Lot is assured any privacy or the existence of unobstructed or the continuation of any particular view. No other improvement or obstruction may be constructed, planted or maintained upon any Lot in such location or of such height as to unreasonably obstruct the view from any other Lot in the vicinity thereof. If there is a dispute between Owners concerning the obstruction of a view from a Lot, the dispute shall be submitted to the Board, whose decision in such matters shall be binding. In considering views from one (1) Lot over another Lot, the Board may balance the claim of one (1) Owner to a reasonable view against the claim of another Lot, the board may balance the claim of one Owner to a reasonable view against the claim of another Owner to reasonable privacy rights. Any item or vegetation maintained upon any Lot which is exposed to the view of any Owner must be removed or otherwise altered to the Board’s satisfaction, if it determines that the maintenance of such item or vegetation in its then existing state is contrary to the purposes or provisions of Governing Documents. If an Owner fails to perform necessary pruning, trimming, or thinning, the Association may, after notice and hearing, enter upon such Lot to perform such work whereupon the Association shall levy a Reimbursement Assessment against the Owner for reasonable charges in connection with such work, and Owner shall immediately pay such Reimbursement Assessment.

5.27 Machinery and Equipment

Except as approved by the Board, no machinery or equipment or large power tools (other than lawn movers and other equipment used in connection with ordinary landscaping) shall be maintained or operated upon a Lot or Common Area except as is customary and necessary in connection with approved construction.

5.28 No Fuel Storage Tanks

No tanks or tower, whether above ground or below ground for the storage of fuel, petroleum, toxic or hazardous substances shall be maintained or kept on any Lot. In the case of propane tanks, tanks must be screened by fencing or landscaping as approved by the Architectural Committee.

5.29 Hydrocarbon and Mineral Exploration

No Lot shall be used to explore for or to remove any water, oil, hydrocarbons, or minerals of any kind without the approval of the Board, and only if permitted by local ordinance. Nor shall oil wells, tanks, towers, tunnels or mineral excavations be permitted on the surface, or within five hundred feet (500′) of the surface, of a Lot.

ARTICLE 6 RENTING OR LEASING

6.1 Requirements for Renting

6.1.1 Written Lease

An Owner renting his or her Lot shall do so pursuant to a written lease or rental agreement. The lease or rental agreement shall expressly provide:

for an initial term of at least thirty (30) days;
that its terms are subject to all of the provisions of the Governing Documents;
that failure of the tenant, members of the tenant’s household, invitees, or guests to comply with applicable provisions of the Governing Documents shall constitute a default under the terms of such lease or rental agreement; and.
that in the event of any such default, the Association shall be entitled to maintain an eviction action against the tenant to the same extent as the Owner of the Lot, the Association being deemed to be a third party beneficiary under such lease or rental agreement, as provided in Section 6.8 (“Association As Third Party Beneficiary”).

6.1.2 No Subletting

No subletting shall be permitted.

6.1.3 Copy of Lease

An Owner renting his or her Lot shall file a copy of the signed lease or rental agreement with the Board. The Owner may redact or blackout the financial terms (i.e., the amount of rent and security deposit) from the copy provided to the Board.

6.1.4 Renter’s Insurance

An Owner renting his or her Lot shall require the tenant to carry renter’s insurance, as provided in Section 11.6 (“H04 Renter’s Policy”). Upon request of the Board, an Owner renting his or her Lot shall provide a copy of the declaration page of the tenant’s insurance policy with the Board.

6.1.5 Provide Governing Documents to Tenants

An Owner renting his or her Lot shall provide the tenants) with a copy of the Governing Documents and any subsequent changes thereto.

6.1.6 Affidavit of Tenants

Upon request by the Association, the Owner shall cause ali tenants and occupants to execute and submit to the Association an affidavit or certificate in a form prescribed by the Association, which includes the following and such other matters as are reasonably required by the Association: (i) that he/she/they understand, (ii) that he/she/they have received copies of the Governing Documents, (iii) that he/she/they understand that the lease is expressly subject to all the provisions of the Governing Documents, and (iv) that he/she/they understand that the breach of any provision of the Governing Documents shall constitute a default under the lease.

6.1.7 House Sitters

The provisions of Section 6.1.5 (“Provide Governing Documents to Tenants”) and Section 6.1.6 (“Affidavit of Tenants”) shall apply with respect to any person occupying a Lot as a guest of the Owner, as a paid or unpaid house sitter, or in a similar capacity when no Owner is in residence.

6.1.8 Owner’s Contact Information

An Owner renting his or her Lot shall provide the Association with contact information for the Owner or a representative of the Owner with authority to act on behalf of the Owr~er with respect to the Lot and the tenants, including telephone number, email address, mailing address, and such other contact information as the Association may require.

6.2 Notice of Non-Owner Occupants

Without limiting the generality of the provisions contained in Section 6.1 (“Requirements for Renting”), each Owner shall notify the Board and the Association’s manager of the names of (i) any tenants or any Contract Purchasers occupying such Owner’s Lot, and (ii) any guest, house sitter, or other person occupying the Lot when no Owner is in residence (whether or not such person is paying rent or is being compensated by the Owner). If requested by the Board, each Owner, tenant, or Contract Purchaser shall also notify the Board or the Association’s manager of the names of all members of his or her household to whom such Owner, tenant, or Contract Purchaser has delegated any rights of enjoyment in the Project as provided herein and the relationship each such person bears to such Owner, tenant, or Contract Purchaser.

6.3 No Transient Rentals

No Owner shall be permitted to lease, rent, or otherwise operate his or her Lot for transient or hotel purposes, which shall include, but is not limited to, rental for any period less than thirty (30) days or any rental (even if the term is longer than thirty days) where the occupant of a Dwelling is provided customary hotel services. such as room service for food and beverage, maid service, periodic furnishing of clean bed linen and towels, laundry service, or bellboy services. This Section 6.3 shall not be deemed to permit an initial lease or rental term shorter than six (6) months as provided in Section ó.1.1(i) (“Written Lease”).

6.4 Corporate Tenant

For purposes of this Section 6.4, the term “corporate tenant” shall mean any tenant that is not a natural person, such as a corporation, partnership, limited partnership, limited liability company, joint venture, or any other similar business entity. No Owner shall be permitted to lease, rent, or otherwise operate his or her Lot for corporate housing unless the employees of such corporate tenant shall occupy the Dwelling for a minimum term of thirty (30) days. Corporate tenants are required to provide the names and contact information of the employees) and any family members of such employees) residing within a Dwelling, including the expected length of occupancy.

6.5 Rental of Entire Lot

Except for the garage of a Lot which may be rented to a Resident, r~o Owner shall rent or lease less khan the entire Lot. The preceding sentence is intended to prohibit the operation of a rooming house or similar operation within the Development. Except for the garage, no accessary building, or other facility shall be rented, leased, or hired to anyone who does not have the right of possession of the entirety of the principal building on the Lot. This Section 6.5 is not intended to prohibit a resident Owner from sharing his or her Lot or Dwelling with a roommate or other persons) with whom the Owner maintains a common household.

6.6 No Vacation Clubs; No Time Share Arrangements

No Lot or Lots or any portion thereof shall be leased, subleased, occupied, rented, let, sublet, or used for or in connection with any time sharing agreement, plan, program or arrangement, including, without limitation, any so called “vacation license,” “travel club,” “extended vacation,” “home-exchange club,” any other membership or time interval ownership arrangement, or any time-share estate or time-share use as defined in Section 11212 of the California Business and Professions Code. The term “time sharing” as used herein shall be deemed to include, but shall not be limited to, any agreement, plan, program, or arrangement under which the right to use, occupy, or possess any Lot or Lots or any portion thereof or Dwelling thereon rotates among various persons, either corporate, partnership, individual, or othenruise, on a periodically recurring basis for value exchanged, whether monetary or like kind use privileges, according to a fixed or floating interval or period of time. This Section 6.6 shall not be construed to limit the personal use of any Lot or any portion thereof by its Owner and such Owner’s social or familial guests.

6.7 Implementation

Upon request from the Board, each Owner then renting or leasing a Lot shall provide to the Board such information as the Board may reasonably require in order to implement the provisions of this Article 6 including but not limited to the names of the tenants and the members of the tenant’s household and the duration of the lease and/or a copy of the signed lease.

6.8 Association As Third Party Beneficiary

Notwithstanding the failure of an Owner to comply with the requirements of Section 6.1 (“Requirements for Renting”) and, whether or not it is so stated in a written contract or other agreement between such Owner and such tenant, the Owner and the tenant of any Lot subject to this Declaration shall be conclusively deemed to have agreed that the Association is an intended third party beneficiary to the contract between the Owner and the tenant; that failure of the tenant, members of the tenant’s household, tenant’s invitees, or guests to comply with applicable provisions of the Governing Documents shall constitute a breach of the terms of the contract between the Owner and the tenant; and that the Association shall have the right but not the obligation to enforce the contract and to pursue every remedy available under the contract, under this Declaration including but not limited to the rights granted pursuant to Section 8.18 (“Assignment of Rents As Security for Payment”), or under the law… The power of the Association as provided in this Section 6.8 shall be exercised in good faith, in a reasonable and nondiscriminatory manner, and only after notice and opportunity fora hearing as provided in Article 14 (“Enforcement; Notice; Hearings”).

6.9 Indemnification Regarding Tenant’s Actions

Each Owner leasing or renting a Lot shall be strictly responsible and Biable to the Association for the actions of such Owner’s tenants) in or about all Dwellings, Lots, and Common Areá and for each tenant’s compliance with the provisions of the Governing Documents. No provision of any lease or rental agreement shall relieve the Lot Owner of his or her obligations pursuant to the Governing Documents. To the fullest extent permitted by law, every Owner of a Lot that is occupied by persons other than the Owner pursuant to a rental agreement or lease or otherwise, agrees to and shall indemnify and defend the Association, its officers, directors, employees, and agents and shall hold them harmless from and against any cost, loss, claim, or damages of any kind, arising out of the conduct or presence of the occupants of the Lot upon the Development, including but not limited to attorney fees (including attorney fees incurred to enforce the provisions of this Article 6 against the Owner of the Lot or any guest, tenant or other occupant of the Lot), any clams for consequential damages, and any claims arising or alleged to arise out of the enforcement or nonenforcement by the Association of the Governing Documents with respect to such occupants. Any amounts owed pursuant to this Section 6.9 may be assessed as a Reimbursement Assessment against the responsible Owner and his or her Lot.

ARTICLE 7 ARCHITECTURAL APPROVAL

7.1 Prior Architectural Approval Required

No exterior building, fence, hedge or similar barrier, wall, obstruction, balcony, screen, patio cover, tent, awning, carport cover, improvement or other structure of any kind, no outdoor lighting, no mast, pole, tower, antenna, receiver, or transmitter to the extent restricted by Section 7.2.9 (“Satellite Dishes and Antennas”), and no landscaping within the unfenced potion of a Lot shall be commenced, erected, painted, or installed within the Development, nor shall any exterior addition or change or alteration be made, until the plans and specifications showing the nature, kind, shape, color, height, size, materials, and location of the same have been submitted to and approved in writing by the Architectural Committee. The requirement of architectural approval shall not apply to improvements made or constructed by or on behalf of the Association.

7.2 Some Common Architectural Concerns

This Section 7.2 enumerates some common areas of architectural concern. These are examples only and do not represent an exhaustive list of changes that require prior architectural approval. Nothing in this Section 7.2 shall be deemed to limit the generality of Section 7.1 (“Prior Architectural Approval Required”).

7.2.1 Exterior Painting; Replacing of Doors and Windows

Prior architectural approval shall not be required for repainting or refinishing a structure or a fence in its existing color scheme, like for like, if such colors have been previously approved, or for replacing doors and windows, and fencing in the same colors, designs, and materials.

7.2.2 Decorative Features

Planter boxes, hanging plants, trellises, fountains, outdoor lighting, sculptures, and similar feature are generally acceptable; however, the Board may in its reasonable discretion limit the use of such decorative features if such features are found to be aesthetically offensive, overbearing, or incompatible with surrounding elements.

7.2.3 Fences and Hedge

The following fencing standards shall apply:

front and side yard fences on adjacent streets shall be lattice top wood fences as installed by the Declarant and as shown on the attached Exhibit B (“Lattice Fence”).
side yard fencing beyond the rear of the residence by more than twenty-five feet (25′) or along property lines with the excepting of the rear of Lots 2-8, 17-20, 32, 33, 50, 55 and 67-81 shall be open space wire fence, except for on all corner Lots and Lots 23-25, 29-31, 46-48, 51-54 and 56-66 which may be good neighbor wood fence or open space wire fence to match the Lattice Fence as installed by the Declarant.
rear yard fences along Lots 2-8, 18-20, 26-28, 32, 33, 50 and 55 adjacent to the Putah South Canal shall be chain link fence with barbed wire in accordance with Solano Irrigation District’s standards. Efforts to preserve existing trees have resulted in conflicts between property lines and fences on some of these Lots.
rear yard fences along Lots. 67-81 adjacent to the City of Fairfield’s open space/park land shall be wire fence in accordance with the City of Fairfield’s standards.
all fences not. constructed by the Declarant, including, without limitation, those within a Lot shall be subject to review and approval by the City of Fairfield’s Planning Department; and.
no fences shall be constructed within the fifty foot (50′) Private Storm Drain Easement on Lots 33-44, 49-50 and 66.

7.2.4 Outdoor Storage; Gates

Outdoor storage is subject to architectural approval and approval of the City. Outdoor storage must be completely screened from public view by a decorative concrete wall or other improvement or landscaping approved by the Architectural Committee. All gates must be constructed of solid and durable materials and are subject to approval by the City.

7.2.7 Drainage Patterns

No excavation and no alteration or addition of any -kind is permitted which alters or may alter existing drainage patterns of existing channels upon, under, and/or across the Development property or any portion thereof through which water in time of storms or otherwise naturally flows or through which water has been caused to flow artificially, without obtaining prior architectural approval.

7.2.8 No Installations on Roof

Except to replace a existing equipment, absolutely no installation of any kind, including but not limited to skylights, antennas, or air-conditioning equipment, shall be placed or installed upon any roof without obtaining prior architectural approval.

7.2.9 Satellite Dishes and Antennas

No outside radio or television aerial, antenna, dish, wire, or other receiving or transmitting device shall be erected, constructed, or maintained on any Lot, except (i) those expressly approved by the Board or the Architectural Committee or (ii) those that, by law, cannot be prohibited. It is the intention of this Section 7.2.9 to restrict outside radio or television aerials, antennas, dishes, wires, and other receiving or transmitting devices in the Development to the fullest extent permitted by law and to authorize the Board to adopt and implement Rules regarding the same.

7.2.10 Masts, Poles, Towers, Other Protections

No outside mast, pole, tower, or projection of any type attached to any structure that extends above the roof of the structure (with the exception of chimneys and vent stacks) and no outside mast or pole shall be placed or permitted to remain without prior architectural approval.

7.3 Architectural Rules

7.3.1 In General

Subject to the requirements of Civil Code section 4340 and following, the Board may from time to time adopt, amend, and repeal rules and regulations to be known as “Architectural Rules.” Architectural Rules shall set forth the standards for architectural review and guidelines for architectural design, placement of buildings and other structures, outdoor lighting, and landscaping, color schemes, exterior finishes and materials, and similar features which are recommended for use in the Development and may include restrictions on satellite dishes and solar energy systems consistent with applicable law; provided, however, that Architectural Rules shall not be in derogation of any minimum standards required by this Declaration.

7.3.2 Roofs

Any Architectural Rules concerning the installation or repair of a roof shall comply with applicable law including Civil Code section 4720, if it applies.

7.4 Establishment and Composition of Architectural Committee

The Board shall appoint an Architectural Committee consisting of three (3) Members of the Association at least one (1) of whom shall be a director. If at any time there shall not be a dult’-constituted Architectural Committee, the Board shall exercise the functions of the Architectural Committee in accordance with the terms of this Article 7.

7.5 Duties and Authority of Architectural Committee

It shall be the duty of the Committee to consider and act upon proposals or plans submitted to it pursuant to the terms of this Declaration and to perform such other duties as may be delegated to it by the Board. The Committee is expressly not authorized to approve any variances from the Rules.

7.6 Meetings, Minutes, Reimbursement

The Committee shall meet as necessary to properly perform its duties hereunder. The Committee shall keep and maintain a record of all actions taken by it at such meetings or otherwise. The Committee and its members shall be entitled to reimbursement for reasonable out-of-pocket expenses incurred by them in the performance of any Committee function.

7.7 Written Request for Committee’s Approval

Any Owner proposing to perform any work that requires prior approval pursuant to this Article 7, shall submit to the Committee a written request setting forth the nature of the proposed work and furnishing such information and documentation as the Committee may require depending on the nature and size of the proposed work. Such information and documentation may include but is not limited to: (i) floor plans, (ii) color samples of exterior materials, (iii) specifications, (iv) building plans, (v) wall sections, (vi) exterior elevations, (vii) roof plans, (viii) landscaping plans, (ix) graphics and exterior furnishings, and (x) the Owner’s proposed construction schedule.

7.8 Fees; Professional Consultants

The Committee -may charge a reasonable fee or fees for review of architectural or landscaping applications, drawings, plans, and specifications which may include the cost of retaining outside consultants including but not limited to architects, engineers, soils experts, or contractors.

7.9 Meetings

An Owner’s request for approval shall be considered by the Committee at a Committee meeting. The Owner and, in the Committee’s discretion, other interested persons, may present information relevant to the requested approval.

7.10 Basis for Decisions; Good Faith

The Committee’s decisions shall be made in good faith and shall not be unreasonable, arbitrary, or capricious. It is recognized and intended that the Committee will employ subjective criteria and judgments in its review of and determination concerning plans and proposals submitted to it. The Committee shall make its decisions from the perspective of the interest of the Development as a whole in the fostering of the coherence, value, attractiveness and aesthetic compatibility of all architectural designs and features in the Development, after consideration of such factors the Committee reasonably determines to be relevant and after reasonable investigation consistent with the scope and circumstances of the proposal submitted to the Committee. The vote or written consent of a majority of the Committee members shall constitute an act by the Committee. The Committee shall grant the requested approval only if:

The Owner has submitted a complete application.
The Committee finds that the plans and specifications conform to this Declaration and to the Architectural Rules in effect at the time such plans were submitted to the Committee. The Committee shall disapprove any application involving a request for or a need for a variance.
The Committee finds that the proposed work will, if approved, be consistent and compatible with the architectural and aesthetic standards prevailing within the Development and will be in harmony with the external design and appearance of other existing structures and improvements within the Development, and as to location with respect to topography and finished grade elevations; and.
The Committee determines that the proposed work would be consistent with the standards of the Development and the purposes of this Declaration as to quality of workmanship and materials.

7.11 Decisions in Writing; Timely Decision; Reasonable Conditions

All approvals and rejections of requests for approval shall be in writing and s~rall be issued by the Committee within thirty (30) days from the date of submission of a complete application to the Committee. Any approval may include such reasonable conditions as the Committee may determine including the requirement of a damage deposit as discussed in Section 7.12.2 (“Amount of Damage Deposit”). If a request is rejected, the decision shall include an explanation of the Committee’s decision and a notice describing the Owner’s right to request consideration by the Board.

7.12 Damage to Roadway; Deposit

7.12.1 Owner’s Liability

Each Owner shall be liable to the Association for any damage to the Common Area roads that results from construction, alterations, or other work done within hís or her Lot (“work”). The Association may require that an Owner proposing work within his or her Lot pay to the Association a reasonable deposit to cover potential damage to the Common Area roads that may result from the proposed work; however, an Owner’s liability for damage to Common Area roads shall not be limited to the deposit required by the Association.

7.12.2 Amount of Damage Deposit

The amount of any required damage deposit shall. be determined by the Committee or the Board based on such factors as the Committee or the Board shall consider relevant, including but not limited to the scope of the work, the weight of vehicles that may use the Common Area roads in the course of the work, the number and length of trips over the Common Area roads, seasonal weather conditions, and the condition of the road prior to the commencement of the work. The Association shall obtain from an engineer or other qualified professional a written assessment of the condition of the Common Area roads prior to the commencement of the work together with an estimate of the likely impact of the proposed work on the Common Area roads, and an estimate of the cost of restoring the roads to their condition prior to such work.

7.12.3 Handling of Required Damage Deposit

The responsible Owner shall pay the required damage deposit prior to the commencement of any work. The funds shall be deposited in the Association’s operating account. Upon receipt of Notice of Completion of the work, pursuant to Section 7.19 (“Notice of Completion; Inspection of Completed Work”), the Association shall promptly obtain an assessment of the condition of the Common Area roads and the cost of repairing any damage attributable to the work (the “post-construction evaluation”) as necessary to restore the roadway to its condition prior to the commencement of the work. The Association shall use the damage deposit funds to restore the damaged roadway to its condition prior to the commencement of the work. If the cost of such restoration exceeds the amount of the damage deposit, the amount of the shortfall shall be assessed to the responsible Owner as a Reimbursement Assessment. If the cost of such restoration is less than the amount of the damage deposit funds, the excess funds shall be remitted to the Owner within thirty (30) days after the completion. of the restoration work If it has been determined that no damage to the roadway occurred, the damage deposit shall be remitted to the Owner within th►rty (30) days after the Association’s receipt. of the past-construction evaluation.

7.12.4 Accounting by the Association

The Association shall provide to the Owner a copy of the pre-construction and post-construction assessments of the condition of the Common Area roads and an accounting of all funds expended by the Association to restore the roadway.

7.13 Variance Issue

The Architectural Committee, may, but is not obligated to, grant variances or adjustments in its discretion if necessary to overcome practical difficulties due to topography or other conditions unique to a .particular Lot, avoid unnecessary expense, or prevent unnecessary hardship in the application of the provisions of the Declaration; provided, however, that such variance or adjustment does not violate the purpose or purposes intended to be served by the standard or criteria being waived in each instance and is in conformity with the intent and purposes of the Declaration; and provided, further, that no such variance shall constitute a waiver of such provision with respect to any future application whether for the same Lot or any other Lot. Any variance granted by the Architectural Committee shall be noted in the written approval of the proposed work and may be required to be recorded in the County records.

7.14 Consideration by Board

If the Committee rejects a request for approval, the Owner shall be entitled to consideration of the request by the Board of Directors at an open meeting, pursuant to the procedures set forth in Section 14.13 (“Owner’s Request for Hearing”).

7.15 Failure of Committee or Board to Make Timely Decision

If the Committee shall fail to act on a request for approval within the time specified in Section 7.11 (“Decisions. in Writing; Timely Decision; Reasonable Conditions”), or if the Board shall fail to consider the Owner’s request in a timely fashion pursuant to Section 7.14, (“Consideration by Board”), the Owner shall be entitled to invoke internal dispute resolution pursuant to Civil Code section 5910, discussed in Section 14.16 (“Internal Dispute Resolution”).

7.16 Failure to Obtain Required Approval

If any work that requires prior approval pursuant to this Article 7 ~s performed without such approval having been obtained, the Board shall be entitled to proceed in accordance with the provisions of Section 7.20 (“Notice of Non-conformity”) and Section 7.21 (“Failure to Remedy Non-conformity”) as though the Board had given written Notice of Non-conformity with approved plans.

7.17 Commencement of Approved Work

Upon receipt of written approval, the Owner shall, as soon as practicable, satisfy all conditions of the approval and diligently proceed with the commencement and completion of all approved work. Commencement of the approved work shall occur, in all cases, within thirty (30) da~rs from the date of such approval. If the Owner fails to comply with this paragraph, any approval previously given shall be deemed revoked unless the Committee, upon written request of the Owner made prior to the expiration of the time for commencement of the approved work, extends the time for such commencement. The Committee shall not grant an extension of time for commencement of the work if the Committee finds that there has been a material change in the circumstances upon which the original approval was granted.

7.18 Completion; Extension of Deadline

The Owner shall complete all approved work within one (1) year. after commencement thereof; except that in the case of original construction on a vacant Lot or reconstruction after substantially total destruction of the improvements on a Lot, the construction or reconstruction shall be completed within eighteen (18) months after commencement thereof. The date for completion may be extended as long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities, or other supervening forces beyond the control of the Owner or his or her agents, provided the Owner notifies the Committee of such occurrence within a reasonable time after becoming aware of it. If an Owner fails to comply with this Section 7.18, the Committee shall notify the Board of such failure, and the Board shall be entitled to (or on its own initiative the Board may) proceed in accordance with the provisions of Section 7.20, (“Notice of Non-conformity”), as though the Board has given written Notice of Non-conformity with. approved plans.

7.19 Notice of Completion; Inspection of Completed Work

Upon the completion of any work for which approval is required under this Article 7, the Owner shall give written Notice of Completion to the Committee. The written notice shall include copies of all applicable permits, job cards, and building permit inspections. Within sixty (60) days after receiving Notice of Completion from the Owner, the Committee or its duly-authorized representative may inspect such work to determine if it substantially complies with the granted approval and Owner shall cooperate with the Committee to conduct such inspection. If the Committee fails to notify the Owner of any non-conformity within such sixty (60) day period, the work shall be deemed to be in accordance with the granted approval. If the Owner fails to give Notice of Completion, the Board shall be entitled to proceed in accordance with the provisions of Section 7.21 (“Failure to Remedy Non-conformity”), as though the Board has given written Notice of Non-conformity with approved plans per Section 7.20 (“Notice of Non-conformity”).

7.20 Notice of Non-conformity

If the Committee finds that the work was not done in substantial conformity with the granted approval, it shall notify the Owner in writing before the end of such sixty (60) day period set forth in Section 7.19 (“Notice of Completion; Inspection of Completed Work”) specifying particulars of non-conformity and requiring the Owner to remedy the same within thirty (30) days from the date of the notice from the Committee or such longer time as the Committee may designate in the notice.

7.21 Failure to Remedy Non-conformity

If the Owner fails to remedy such non-canformity within the time specified in the Notice of Non-conformity from the Committee, the Committee shall notify the Board in writing of such failure. Pursuant to the procedures set forth in Section 14.12 (“Hearing Called by the Board; Executive Session; Open Meeting”), the Board shall then set a date ors which a hearing before the Board shall be held regarding the alleged non-conformity. If the Board finds at such hearing that a substantial non-conformity exists, the Board may, in addition to any other remedy available under the Governing Documents or applicable law, order the Owner to remedy or remove such non-conformity. If the Owner thereafter fails to do so within the time specified by the Board, the Board may, in addition to any other remedy available under the Governing Documents or applicable law, remove or remedy the non-conformity and, in that event, all expenses incurred by the Association in connection therewith shall be assessed against the Owner as a Reimbursement Assessment.

7.22 Non-waiver

The approval by the Committee or the Board of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring approval under this Article 7, shall not be deemed to constitute a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval with respect to the same Lot or any other Lot.

7.23 Disclaimer of Liability

Neither the Board, nor any Committee, nor any member thereof shall be liable to the Association, to any Owner, or to any person deriving an interest through an Owner for any damage, loss, or prejudice suffered or claimed on account of: (i) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; or (iii) the development of any property within the Development; provided, however, that the Board, Committee, or such member has acted in good faith on the basis of such information as may be possessed by ít or him or her. Without limiting the generality of the foregoing, the Board or any Committee may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifícatíons, or any other proposal submitted for approval pursuant to this Article 7. Every purchaser, by acquiring title to a Lot or portion thereof agrees not to bring any action or suit against the Board, the Committee, or its or their members seeking to recover any such damages.

7.24 Compliance with Governmental Requirements

The Owner of the Lot is required to obtain all permits and governmental authorizations, if any, required for any work done upon such Owner’s Lot and such Owner must comply with all applicable zoning and building codes as well as other applicable laws and ordinances. The Owner of each Lot is solely responsible for complying with any applicable building permit process or other governmental requirements with respect to any work done upon the Owner’s Lot. Submission of a request for approval by the Committee or the Board and the review and approval of any proposals, plans, or other submittals shall in no way be deemed to be satisfaction of or compliance with any building permit process or any other governmental requirements, nor shall it constitute the assumption of any responsibility by or impose any liability on the Association, the Board, the Committee, or its or their members as to the accuracy, efficacy, or sufficiency thereof. When Architectural approval standards of the Association are more stringent than applicable governmental standards, the more stringent standards of the Association shall apply, notwithstanding the fact that governmental approval may have been obtained based on governmental standards that are less stringent than those of the Association.

ARTICLE 8 ASSESSMENTS AND LIENS

8.1 Covenant of Owner

Each Owner of a Lot within the Development, by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or conveyance, shall be deemed to have covenanted and agreed to pay to the Association all: (i) Regular Assessments, (ii) Special Assessments, (iii) Reimbursement Assessments, and (iv) Enforcement Assessments levied by the Association as hereinafter provided, together with all Additional Charges. No assumption of personal liability by a successor Owner shall relieve any Owner from personal liability for delinquent Assessments. A Contract Seller of any Lot shall continue to be liable for all Assessments and Additional Charges until a conveyance by deed of such Lot is recorded in the Office of the County Recorder.

8.2 Creation of Lien

Each Assessment levied by the Association pursuant to this Declaration, together with all Additional Charges, shall be a charge upon the land and upon levy shall be secured by a continuing lien upon the property against which such Assessment is levied. The Association shall have a separate lien and a separate lien is hereby created upon each Lot to secure the payment of any such Assessments and Additional Charges as may be levied under this Declaration.

8.2.1 Lien Is Continuing

The lien provided for herein shall continue to secure all Assessments and Additional Charges levied upon any Lot notwithstanding the transfer of record title to such Lot, and any such transfer shall be subject to the Association’s lien, provided that, prior to such transfer, a Notice of Delinquent Assessment has been recorded as provided in the Declaration and by law.

8.2.2 Priority of Association’s Assessment Liens

The priority of all such liens on each Lot shall be in inverse order so that upon the foreclosure of the lien for any particular charge on any Lot, any sale of such Lot pursuant to foreclosure of the lien will be made subject to all liens securing Assessments and Additional Charges on such Lot that become due and payable subsequent to the lien being foreclosed upon.

8.3 Purpose of Assessments

The Assessments levied by the Board shall be used exclusively to pay for the costs of management and operation of the Development, of conducting the business and affairs of the Association, to promote the recreation, health, safety, welfare, benefit, and interests of the Owners and Residents in the Development, and for the improvement and maintenance, repair, and replacemení of the Common Area and, to the extent provided for in the Governing Documents or by law, of the Lots situated within the Development or which, in the opinion of the Board, shall be deemed to be necessary or proper for the management of the Development or of the affairs of the Association, or the benefit of the Owners, or for the enforcement of the Governing Documents.

8.4 Funds to be Held in Association’s Name

Unless otherwise determined by the Board, the Association shall maintain at least two (2) separate accounts in one (1) or more banks or other depositories selected by the Board, which accounts shall be clearly designated Eastridge Hills Homeowners Association operating account and Eastridge Hills Homeowners Association reserve account. The Assessments collected by the Association shall be properly deposited into such accounts. Withdrawal of funds from Association accounts shall be subject to the requirements of Section 10.4 of the Bylaws (“Checks, Drafts, and Evidences of Indebtedness”).

8.5 Funds Held in Trust for Owners

The Assessments collected by the Association shall be held in trust by the Association for and on behalf of each Owner. Upon sale or transfer of any Lot by any Owner, the Owner’s interest in the funds held in trust by the Association shall terminate and shall be deemed automatically transferred to the successor-transferee of such Owner.

8.6 Authority of the Board to Levy Assessments

The Board shall have the power and the duty to levy Regular Assessments and Special Assessments sufficient to meet the Association’s obligations under the Governing Documents and applicable law.

8.7 Regular Assessment

8.7.1 Calculation of Estimated Requirement

Prior to the beginning of each fiscal year, the Bnard shall estimate the net funds required by the Association for such fiscal year to manage, administer, operate, and maintain the Development; to conduct the affairs of the Association; and to perform all of the Association’s duties in accordance with the Governing Documents, including a reasonable amount allocated to contingencies and to a reserve fund. for restoration, repair, and/or replacement of those components for which the Association is responsible and which must be repaired or replaced on a periodic basis. The amount of estimated required funds shall constitute the Regular Assessment.

8.7.2 Allocation of Regular Assessment

The Board shall allocate and assess the Regular Assessment equally among the Lots by dividing the amount by the number of Lots within the Development. Owners of multiple Lots that have been used as a single homesite or have been legally merged to create a single Lot shall be responsible for payment of Regular Assessments on each of the original Lots on the same basis as if the Lots were not used as a single homesite or were not merged.

8.7.3 Payment of Regular Assessment

Unless the Board shall designate otherwise, Regular Assessments shall be levied on an annual basis and shall be paid in fiwelve (12) equal monthly installments during the fiscal year, and each installment shall be due and payable on the first day of each month.

8.7.4 Notice of Regular Assessment

Not less than thirty (30) days and not more than ninety (90) days prior to the beginning of each fiscal year, the Board shall send to each Owner a notice of the amount of the Regular Assessment allocated to his or her Lot, except that if there is an increase in the Regular Assessment over the previous year, in compliance with Civil Code section 5615, the notice shall be provided to the Owner by Individual Delivery not less than thirty (30) days and not more than sixty (60) days before the due date of the increased Regular Assessment.

8.7.5 Permitted Increase in Regular Assessment

Pursuant to Civil Code section 5605(b), except as otherwise provided by law, the Board shall not increase the Regular Assessment for any fiscal year above the amount of the Regular Assessment for the preceding fiscal year by more than twenty percent (20%) (or such other limitation on the increase as may be imposed by law), except upon the affirmative vote of a majority of Members voting on any such increase in the Regular Assessment, provided that a quorum is established. For purposes of the preceding sentence and to the extent required pursuant to Civil Code section 5605(c), a quorum shall mean more than fifty percent (50%) of the Members of the Association, notwithstanding any lower quorum requirement which may be set forth in the Bylaws.

8.7.6 Revised Regular Assessment

Subject to the provisions of Section 8.7.5 (“Permitted Increase in Regular Assessment”) or as otherwise perrr~itted by law, if at any time during the course of any year, the Board determines the amount of the Regular Assessment to be inadequate, by reason of a revision of its estimate of either expenses or income or otherwise, the Board shall have the right, at a regular or special meeting of the Board, to revise the Regular Assessment for the balance of the fiscal year. To the extent required by Civil Code section 5615, notice of any such increase shall be given to the Members by Individual Delivery and such revised Regular Assessment shall become effective on the first day of the next month that is at least thirty (30) days and got more than sixty (60) days after the date of such notice.

8.7.7 Failure to Fix Regular Assessrr~ent

The failure or omission by the Board to fix or levy any Regular Assessment before the expiration of any fiscal year, for that fiscal year or the next fiscal year, shall not be deemed either a waiver or a modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay Assessments or any installment thereof for that or any subsequent year, but the amount of the Regular Assessment fixed for the preceding fiscal year shall be the amount of the Regular Assessment for the ensuing fiscal year until a new Regular Assessment is levied.

8.8 Special Assessments

8.8.1 Purpose of Special Assessments

If at any time during any fiscal year the Regular Assessment proves inadequate for any reason, including nonpayment of any Owner’s share thereof or the unexpected repair, replacement, or reconstruction of improvements located in the Development, or if funds are otherwise required for any authorized activity of the Association, the Board may levy a Special Assessment in the amount of such actual or estimated inadequacy or cost.

8.8.2 Permitted Amount of Special Assessments

Except in the case ot an emergency situation as defined in Civil Code section 5610, in any fiscal year the Board may not levy Special Assessments which, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year (or such other limitation on the amount as may be imposed by law), except upon the affirmative vote of a majority of the Members voting on any such Special Assessment, provided that a quorum is established. For purposes of the preceding sentence and to the extent required pursuant to Civil Code section 5605(c), a quorum shall mean more than fifty percent (50%) of the Members of the Association, notwithstanding any lower quorum requirement which may be set forth in the Bylaws.

8.8.3 Allocation of Special Assessments

Special Assessments shall be allocated and assessed among the Lots in the same manner as Regular Assessments.

8.8.4 Notice of Special Assessment

Upon the imposition of a Special Assessment or an increase in a Special Assessment, in compliance with Civil Code section 5615 notice thereof shall be given to each Owner by Individual Delivery, not less than thirty (30) days and not more than sixty (60) days prior to the due date of the Special Assessment.

8.8.5 Payment of Special Assessments; Cost of Payment Plans

Special Assessments shall be payable in a lump sum or in installments as may be determined by the Board with regard to each Special Assessment when it is imposed. If the Association incurs additional expenses because of a payment method selected by an Owner (for example, but not limited to, paying a Special Assessment in installments instead of ín a lump sum), the Association may charge such expense to the Owner as an Additional Charge or as a Reimbursement Assessment. Nothing in this Section 8.8 shall be deemed to obligate the Association to offer or permit alternate payment plans.

8.10 Reimbursement Assessments

The Board, after notice and a hearing as provided for in Section 14.11 (“Notices: Content, Delivery”) and Section 14.12 (“Hearing Called by the Board; Executive Session; Open Meeting”), may levy a Reimbursement Assessment against an Owner and his or her Lot:

To reimburse the Association for costs incurred to maintain, repair, or replace property (including property within a Lot) when such damage is due to the act or neglect of such Owner, his or her Contract Purchaser, or member of his or her household, pet, tenant, invitee, or guest, or as otherwise provided in the Governing Documents [ fullest extent permitted by law, all costs including attorney fees, incurred by the Association to enforce Section 5.9 (“Restriction on Businesses”), Section 5.19 (“Animals”), Section 6.8 (“Association As Third Party Beneficiary”), Section 6.9 (“Indemnification Regarding Tenant’s Actions”), Section 8.18 (“Assignment of Rents As Security for Payment”), and Section 14.6 (“Injunctions”), or to defend any claim arising or alleged to arise from any of the foregoing sections, shall be reimbursed to the Association as a Reimbursement Assessment. Any Reimbursement Assessment shall be due and payable to the Association when levied.

8.11 Enforcement Assessments

Subject to the requirements set forth in Section 14.8 (“Imposing Sanctions”), the Board may levy an Enforcement Assessment (and any fine or monetary penalty imposed by the Board in accordance with the provisions of the Governing Documents shall be deemed to be such an Enforcement Assessment), for violation of any of the provisions of the Governing Documents. Any Enforcement Assessment shall be due and payable to the Association when levied.

8.14 Delinquent Assessments; Acceleration in the Event of Delinquency

Any installment or other portion of an Assessment not received within fifteen (15) days after its due date shall be delinquent and, to the fullest extent permitted by law including Civil Code section 5650(b), shall be subject to a late charge and, thirty (30) days after the due date, interest not to exceed the maximum rate permitted by law, as well as all other Additional Charges. If any monthly installment of the Regular Assessment or any installment of a Special Assessment that has been levied or is permitted to be paid on an installment basis is delinquent for a period of sixty (60) days, the Association may, but shall not be obligated to, declare the entire balance of the Regular Assessment or the Special Assessment immediately due and payable together with all other delinquent amounts.

8.15 Collection of Delinquent Assessments; Lien; Foreclosure

8.15.1 Pre-lien Notice

At least thirty (30) days prior to recording a Notice of Declaration) to the extent required pursuant to Civil Code section 5670 and making the decision to record a lien for delinquent Assessments at an open meeting of the Board, to the extent required pursuant to Civíl Code section 5673.

8.15.3 Owner’s Right to Discuss Payment Plan

To the extent provided in Civil Code section 5665, an Owner may submit to the Board a written request to discuss a payment plan for a debt noticed in a Pre-lien Notice. If the Owner’s written request is mailed to the Board (as evidenced by a postmark or receipt of mailing) within fifteen (15) days after the postmark on the Pre-lien Notice, the Board shall meet with the Owner within forty-five (45) days of the postmark date of the Owner’s written request, unless there is not a regularly scheduled Board meeting within the period, in which case the Board, in its discretion, may hold a special meeting in executive session to meet with the Owner or may designate a committee of one (1) or more Board members to meet with the Owner.

8.15.4 Notice of Delinquent Assessment

The amount of the past due debt noticed in the Pre-lien Notice shall be a lien from and after the recording of a Notice of Delinquent Assessment. No later than ten (10) days after recordation, a copy of the Notice of Delinquent Assessment shall be mailed by certified mail in compliance with Civif Code section 5675 to every person whose name is shown as an Owner of the Lot in the Association records or in such manner and to such persons as may be required by applicable law.

8.15.5 Waiver of Right to Foreclose

To the extent required pursuant to Civil Code section 5720(b)(2), prior to initiating a judicial or non-judicial foreclosure of a lien the Association shall offer to participate in internal dispute resolution (Section 14.16 of this Declaration).

8.15.6 Initiating Foreclosure

As provided in Civil Code section 5700(a), no procedures shall be initiated to foreclose the lien securing any noticed past due debt under this Article 8 until after the expiration of thirty (30) days following the recording of a Notice of Delinquent Assessment. To the extent required pursuant to Cívil Code section 5705(b), the Association shall offer to participate in internal dispute resolution (Section 14.16 of this Declaration) or Alternative Dispute Resolution (Section 14.17 of this Declaration). To the extent required by Cívil Code section 5705(c), a decision to initiate foreclosure shall be made only by the Board in an executive session meeting.

8.15.7 Amount Due and Payable

Except with respect to the amount of any Enforcement Assessment, upon the recording of the Notice of Delinquent Assessment referred to above, the Association may, at its option, declare the entire balance of all sums then due or to become due from the Owner, immediately due and payable, which total sum may then be included in any suit, action, or other procedure initiated to collect said sums, including all Additional Charges.

8.15.8 Notice of Initiating Foreclosure

To the extent required pursuant to Civil Code section 5) of the Cívil Code of the State of California, and does further grant to the Board of Directors, on behalf of the Association, the authority and power to sell the Lot of such Owner in the event of any default in payment of any Assessments or Additional Charges levied against such Lot, for lawful money of the United States, to the k~ighest bidder, to satisfy said lien. The Association, as trustee for the remaining Owners, or any other Owner, may purchase the Lot at said sale.

8.17 Right of Redemption

To the extent provided pursuant to Civil Code section 5715(b), anon-judicial foreclosure to collect delinquent Assessments shall be subject to a right of redemption.

8.18 Assignment of Rents As Security for Payment

As security fGr the payment of all liens provided for under this Declaration, each Owner hereby gives to and confers upon the Association the right, power, and authority during the continuance of such ownership to collect the rents, issues, and profits of the Owner’s Lot, reserving unto the Owner the right, prior to any default by such Owner in performance of that Owner’s obligations under the Governing Documents in payment of any indebtedness to the Association, to collect and retain such rents, issues, and profits as they become due and payable. Upon any such default, the Association may (i) instruct the tenant to pay rent to the Association as and when such rents become due or (ii) at any time upon ten (10) days’ written notice. to such Owner (either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for such indebtedness) in its own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and in either event apply the same, less costs and expenses of operation and collection, including reasonable attorney fees, upon any such indebtedness, and in such order as the Association may determine or as required by applicable law. Owner waives the giving of any and all notices required by the laws of the State of California in order for the Association to exercise the rights provided by this Section 8.18. The collection of such rents, issues, and profits, and the application thereof as aforesaid, shall not cure or waive any default under the Governing Documents Assessments shall be cumulative and not exclusive; that is, the Association may use one (1) or more or all of the available remedies to collect delinquent Assessments to the fullest extent permitted by law.

8.20 Partial Payments

The Association’s acceptance of a partial payment, whether involuntary or voluntary, shall not prevent the Association from pursuing any or all of its available collection remedies.

8.21 Certificate of Satisfaction and Release of Lien

Upon payment in full of a delinquent Assessment, including any Additional Charges, or the satisfaction thereof, the Board shall cause to be recorded, in the same manner as the Notice of Delinquent Assessment, a further certificate stating the satisfaction thereof and the release of the lien.

8.22 Subordination to Lien of First Mortgage

Except as otherwise expressly provided by law, the lien securing each of the Assessments provided for under this Declaration shall have priority as of the date of recordation of the Notice of Del Charges becoming due after the sale of such property pursuant to a decree of foreclosure of any such First Mortgage, or pursuant to a power of sale contained in any such First Mortgage, nor from the lien of any subsequent Assessment, including Assessments .levied against all Lots proportionately to compensate for the unpaid Assessments and Additional Charges, which shall constitute a lien upon the purchased Lot in accordance with this Article 8.

8.23 Waiver of Exemptions

Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Declaration, the benefit of any homestead or exemption laws of the State of California in effect at the time any Assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms of this Declaration.

8.24 Property Exempt from Assessments

The following property subject to this Declaration shall be exempt from the Assessments, Additional Charges, and liens created herein:
- All property dedicated to and accepted by the City or County or other local public authority and devoted to public use.
- Any Lot which is owned by the Association as a result of the Association having acquired such Lot through foreclosure; provided, however, that such exemption shall apply only during the period in which the Association is record owner of such Lot; and.
- All Common Area.
ARTICLE 9 MAINTENANCE OF PROPERTY

9.1 Association’s Responsibility for Common Area Generally

The Association shall provide maintenance, repair, and replacement of the Common Area and all facilities, improvements, and landscaping thereon, including but not limited to private streets, private driveways, street lights, landscaping, sidewalks, drainage improvements, signage, electronically-controlled entrance gate, and all other real and/or personal property that may be acquired by the Association, keeping such property in first-class condition and good repair; Without limiting the generality of the foregoing:

9.1.1 Landscaping; Janitorial; Painting

The Association shall specifically be responsible for providing lighting, landscaping, gardening (including periodic replacement, as the Board deems necessary, of trees, shrubs, and other plants upon the Common Area), and janitorial services for the Common Area, as needed, and shall cause any and all other acts to be done which may be necessary to assure the maintenance of the Common Area in first-class condition and good repair, including painting of the exterior surFaces of Common Area buildings) and such other portions of the Common Area as the Board, in its discretion, determines to be necessary.

9.1.2 Common Area Utilities and Services; Utility Laterals

The Association shall procure and pay for water, sewage, garbage, electrical, gas, telephone, fiberoptics, cable, and other service for the Common Area. The Association shall pay all charges for utilities supplied to the Common Area and Owners shall pay all charges for utilities supplied to the Lots. The Association shall maintain all utility installations located in the Common Area except for (i) those installations maintained by utility companies, public, private, or municipal and (ii) utility lateral lines that serve a single Lot exclusively, which are the responsibility of the Lot Owner as described in Section 9.1.3 (” maintain all gravity sewer main manholes and laterals, other than the sanitary sewer pressure laterals as described in this Section 9.1.3. All other sanitary sewer lines and laterals that serve a Lot exclusively are the responsibility of the Owner of the Lot.

9.1.3 Sanitary Sewer Laterals; Pressure Lateral.

The Association shall provide maintenance, repair, and replacement of the sanitary sewer pressure laterals for Lots 3 through 12, inclusive, Lots 16 through20, inclusive, Lots 25 through 28, inclusive, Lots 31 through 36, inclusive, and Lots 49 through 50, from the back of the street concrete curb to the City’s maintained sewer manhole. The City shall be responsible to maintain all gravity sewer main manholes and laterals, other than the sanitary sewer pressure laterals as described in this Section 9.1.3. All other sanitary sewer lines and laterals that serve a Lot exclusively are the responsibility of the Owner of the Lot.

9.1.4 Shared Fences

“shared fences” shall mean and refer ~o any fence situated upon dr approximately upon the boundary between any Lot and any portion of the Common Area. The cost of maintenance, repair, and replacement of shared fences shall be borne equally by the Lot Owner and the Association, subject to the right of the Lot Owner or the Association to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. The Association and/or the Owner shall perForm maintenance (including periodic painting or staining) of that portion of the fence that faces The Board, in its discretion may perform maintenance, repair, or replacement of shared fences and charge the Owner’s portion of the cost thereof to the Lot Owner as a Reimbursement Assessment.

9.1.5 Fences Between Lots and Common Area Open Space
The Association shall provide maintenance, repair, and replacement of the wire fences separating Lots within the Development from the open space.

9.1.7 Drainage Draw

The Association shall provide maintenance, repair, and replacement of the drainage draws passing through Lots 33 through 44, inclusive, Lots 40 through 50, inclusive, and Lot 66 as set forth in Section 3.9.7 (“Drainage Draws; Private Storm Drain Easements”).

9.1.8 City Fire Break

The Association shall provide maintenance, repair, and replacement of the seventy-five foot (75′) fire break within the City’s open space/park to the extent the fire break abuts a Lot within the Development.

9.1.9 No Other Responsibility of Association

Except as provided in this Section 9.1, the Association shall not otherwise be responsible for maintenance, repair, or replacement of the Lot, or the Dwelling.

9.1.10 Employees or Independent Contractors

The Association may perform its obligations and provide such services as the Board shall determine through employees Each Owner shall also be responsible to promptly repair and replace all damaged improvements and components of the Dwelling and Lot, so that the Dwelling and Lot shall be maintained at all times in a good, safe, attractive, and sanitary condition.

9.2.2 Driveways, Patios and Sidewalks

Each Owner shall be responsible to provide maintenance, repair, and replacement of any driveway, patio and walkway serving the Lot, including any portion thereof that encroaches upon the Common Area. Responsibility for sidewalks serving the Lots shall be as provided in Section 9.1.6 (“Sidewalks”).

9.2.3 Owner’s Responsibility for Party Fences

Owner’s responsibility for Party Walls shall be as set forth in Article 10 (“Party Fences”).

9.2.4 Utility Lateral Lines

Except as provided in Section 9.1.3 (“Sanitary Sewer Laterals; Pressure Lateral”), each Owner shill be responsible for the maintenance, repair and replacement of utility lateral lines that serve the Owner rubbish.

9.2.6 Owner’s Cooperation

Each Owner and Resident shall cooperate with the Board and its agents in the performance of maintenance, repair, or replacement by the Association of any portion of Common Area that is the Association’s responsibility.

9.2.7 Compliance with Architectural Provisions

An Owner’s right and responsibility for maintaining, repairing or replacing any portions of his or her Lot shall be subject to any applicable provisions of the Governing Documents relating to landscaping and architectural control, including Article damage, including but not limited to use of proper spacers under planters and other objects that may trap moisture, stacking of firewood on racks, and prompt removal of leaves, dirt, and other debris and may be liable to the Association for the cost of maintenance, repair, or replacement due to damage as provided in Section 9.8 (“Owner’s Liability to Association for Negligent Damage”).

9.4 Authority for Entry of Lot

The Association or its agents shall have the right to enter any Lot whenever such entry is necessary of a deed to a Lot, accepts responsibility for the condition of the Lot including but not limited to existing defects, unresolved architectural violations of any predecessor Owner, and failure of a predecessor Owner to perform maintenance, repairs, or replacement upon the Lot or ar~y encroachments upon the Common Area that are the responsibility of the Lot Owners, and the Association shall be entitled to exercise all of its enforcement powers with respect to the obligations of Lot Owner in connection with such conditions, whether or not such conditions were disclosed to the Owner.

9.6 Board’s Discretion to Require Maintenance

The Board shall hive the discretion to determine whether any maintenance, repair, or replacement that is the responsibility of an Owner is necessary to preserve the appearance and value of the property within the Development or any portion thereof and may natify an Owner of the work the Board deems necessary. In the event an Owner fails to perForrr~ such work within sixty (60) days after notification by the Board to the Owner, the Board may. after written notice to the Owner and the right of a hearing before the Board pursuant to Section 14.12 (“Hearing Called by the, its employees, contractors, or agents.

9.8 Owner’s Liability to Association for Negligent Damage

In the event the need for any maintenance, repair, or replacement performed by the Association is caused by the willful or negligent act or omission of an Owner or a Resident, a member of his or her household, pets, tenants, invitees, or guests, the cost of such maintenance, repair, or replacement not covered by insurance, including any applicable insurance deductible and the cost of materials, labor, supplies be maintained, repaired, or replaced pursuant to Section 9.1.4 (“Shared Fences”), above.

10.2 General Rules of Law to Apply

Unless and to the extent they conflict with the provisions of the Declaration, the general rules of law regarding boundary fences and liability for property damage due to negligence or willful acts or omissions shall apply thereto, as provided in this Article 10.

10.3 Sharing of Maintenance, Repair and Replacement Costs

The cost of maintenance, repair, and replacement of a Party Fence shall be shared by the Owners pursuant to the terms of any written agreement entered into between the Owners thereof for that purpose. In the absence of such a written agreement, such costs shall be shared by the Owners who make use of the Party Fence in proportion to such use; provided that if a Party Fence is destroyed or damaged by fire or other casualty, any Owner who has used the Party Fence may restore it, and if the other Owners thereafter make use of the Party Fence, they shall contribute to the cost of restoration thereof in proportion to suchpf-disputes”>10.5 Party Fence Disputes
Party Fences are not Common Area and are not the responsibility of the Association. Any. dispute concerning a Party Fence, or otherwise under the provisions of this Article 10, shall be subject to the alternative dispute resolution provisions in Section 14.17 (“Alternative Dispute Resolution Before Initiating Lawsuit”).

ARTICLE 11 INSURANCE

11.1 Insurance Common Area Hazard Insurance to Be Maintained by Association

The Association shall maintain a policy of fire and extended coverage insurance covering all of the Common Area and all furnishings, equipment, and personal property owned by the Association or owned in common by all of the Owners, with limits equal to one hundred percent (100%) of the full insurable replacement costs of the Common Area improvements exclusive of land, foundation, excavations, and other items normally excluded from coverage. The policy may contain a reasonable deductible and the amount of the deductible shall be added to the face amount of the policy in determining whether the insurance equals the replacement cost [41
coverage for costs of demolition.
glass coverage.
coverage for loss or damage as a result of theft, vandalism, malicious mischief; coverage for equipment breakdown of any equipment required to run and operate the Project; and for windstorm or water damage.
coverage to permit cash settlement covering full value of the improvements in case of partial destruction and a .decision not to rebuild.
coverage for demolition in the event of total or partial destruction and a decision not to rebuild, and.
maintenance fees receivable coverage in case of damage to a Lot by a covered peril and the Board is unable, after reasonable effort to collect assessments from the Owner of the affected Lot.

11.3 General Liability Insurance to Be Maintained by Association

The Association shall maintain commercial general liability insurance insuring the Association, its officers and directors, and the Owners against any liability incident to ownership, maintenance, and repair of the Common Area, but excluding the liability of an Owner incident to personal bodily injury and property damage occurring within

water damage liability.
hired and non-owned vehicle coverage, theft and collision coverage.
liability for property of others.
off-premises employee coverage, and.
such other risks as are customarily covered in detached homes developments.

11.3.2 Other Provisions

If available and at a reasonable cost as determined by the Board, such liability insurance policy:

shall name the Association as a first-named insured and Owners as named insureds, with policy benefits payable to the Association as trustee for the Owners or any of them.
shall contain a waiver of subrogation as to claims against the Association, the Board members, the Owners and members of the Owner’s family who reside with such Owner, except in cases of arson or fraud.
shall contain a waiver of the defense of invalidity on account of the conduct of any Owner over which the Board has “no control”.
shall contain a provision requiring the insurer to defend lawsuits for which there is coverage under the policy even if the allegations are fraudulent, but authorizing the insurer to make such investigation and settlement of any claim or suit within the policy limit as it deems expedient.

11.4 Other Insurance to Be Maintained by Association

11.4.1 Directors’ and Officers’ Insurance

The Association shall maintain directors’ and officers’ liability insurance with limits to ~e set by the Board but in no event less time as determined by the Board.

11.4.3 Fidelity Bond

The Association shall maintain a standard fidelity bond covering dishonest acts on the part of officers and directors of the Association, the manager, and any employees or volunteers who are responsible to handle funds of the Association. Such bond shall name the Association as obligee, shall be written in an amount which shall be determined by the Board, and shall contain a waiver of any defense based on the exclusion of persons serving without compensation.

11.4.4 Other Insurance

The Association may maintain at any time and from time to time any other insurance, including but not limited to earthquake and/or flood insurance, and bonds as the Board may from time to time deem necessary or desirable.

11.5 Insurance to Be Maintained by Owner

The insurance policies to be carried by the Association pursuant to Section 11.1 (“Insurance Coverage to Be Maintained by Association”) are not intended to cover the Lots or the Dwellings, or liability of an Owner incident to ownership or use of his or her Lot or Dwelling or liability incident to an Owner’s negligence upon the Common Area. Each Owner shall be responsible for procuring and maintaining hazard insurance on the Owner’s Lot and Dwelling improvements, insurance against Owner liability incident to ownership or use of the Owner’s Lot or Dwelling, liability incident to an Owner’s negligence upon the Common Area, insurance on the contents of the Dwelling, and such other insurance as the Owner shall determine is adequate to cover such other risks as the Owner shall determine, including but not limited to loss of use, additional living expenses, loss of rental income, and loss assessment coverage. If an Owner fails to obtain any insurance he or she is obligated or permitted to obtain pursuant to this Declaration, nothing in this Declaration shall be construed to impose any obligation whatsoever on the Association to insure that which the Owner does not insure.

11.5.1 No Overlapping Coverage

If any Owner or Resident obtains an insurance policy which provides coverage overlapping or duplicating coverage maintained by the Association and if the Owner or Resident receives an insurance payment as a result of a loss that is covered by the Association’s insurance policies, the Owner shall be liable to the Association for extent that any such reduction diminished the Association’s recovery of the amount of the loss from the Association’s insurance policies or otherwise.

11.5.2 Other Owner-maintained Insurance

Each Owner shall be responsible, at his or her sole cost and expense, to obtain such other insurance as the Owner shall determine is adequate to cover such other risks as the Owner shall determine, including but not limited to loss of use or loss of rental income.

11.5.3 Evidence of Insurance; No Obligation of Association

Upon request from the Board, each Owner shall provide evidence of such insurance annually. If an Owner fails to obtain any insurance he or she is obligated or permitted to obtain pursuant to this Declaration, nothing in this Declaration shall be construed to impose any obligation whatsoever on the Association to insure that which the Owner does not insure. The right of the Board to request evidence of insurance that an Owner is obligated to carry pursuant to this Declaration shall not be deemed to impose a duty on the Board or the Association to request such evidence of insurance or impose on the Association any liability to any person arising or claimed to arise out of any action or0). If a tenant fails to obtain any insurance he or she is obligated or permitted to obtain pursuant to this Declaration, nothing in this Declaration shall be construed to impose any obligation whatsoever on the Association to insure that which the tenant does not insure. Upon request from the Board, each Owner shall provide evidence of _such tenant’s insurance annually.

11.7 Insurance Proceeds

Proceeds of all insurance policies owned by the Association shall be received by the Association and shall be distributed to the Association, the Owners, Association for Negligent Damage”), the amount of the deductible under any insurance obtained by the Association shall be borne solely by the Association. If an Owner is responsible for the payment of such deductible, the failure or refusal of the Owner’s insurance carrier to pay or reimburse the deductible shall not relieve the Owner of his or her responsibility for the deductible.

11.9 Owner’s Liability for Conditions Affecting Insurance

As provided in Section 5.15 (“Conditions Affecting Insurance”), the responsible Lot Owner shall be liable to insurance policies carried by the Association shall be reviewed at least annually by the Board and increased or decreased in its discretion.

11.12 Coverage Not Available; Disclaimer

In the event any insurance policy or any endorsement listed in in Section 11.2 (“Common Area Hazard Insurance to Be Maintained by Association”), Section 11.3 (“General Liability Insurance to Be Maintained by Association”), and Section 11.4 (“Other Insurance to Be Maintained by Association”), is for any reason not available, then or increase in the Regular Assessment needed to fund the insurance premiums. In accordance with Civil Code section 5810, as soon as reasonably practicable, the Association shall notify the Members by Individual Notice if any of the policies described in Section 7.5.8 of the Bylaws (“Summary of Association’s Insurance Policies”) have lapsed or been canceled, and are not immediately renewed, restored, or replaced, or if there is a significant change, such as a reduction in coverage or limits or an increase in the deductible for any of those policies. If the Association receives any notice of non-renewal of a policy described in Section 7.5.14 Adjustment of Losses

The Board is appointed attorney-in-fact by each Owner to file all claims and to negotiate and agree on the value and extent of any loss under any policy carried by the Association pursuant to Section 11.2 (“Common Area Hazard Insurance to Be Maintained by Association”), Section 11.3 (“General Liability Insurance to Be Maintained by Association”), and Section 11.4 (“Other Insurance to Be Maintained by Association”). The Board is granted full right and authority to compromise and settle any claims or enforce any claim by legal action or otherwise and to execute releases in favor of any insured.

Without waiting to obtain insurance settlements or bids, the Board may undertake such emergency repair work after a casualty to the Common Area or Common Area improvements as it may deem necessary or desirable under the circumstances including but not limited to mitigating or removing dangerous conditions and other actions that may be necessary to comply with applicable laws, ordinances, and regulations; and the Board may charge the operating account for the costs thereof.

12.2 Damage to Common Area

In the event of damage to or destruction of the Common Area or other property of ordinance requirements and any modifications approved by the Board), including provision for a completion bond.

12.2.3 Sufficient Proceeds

If the insurance proceeds paid to the Association are sufficient to cover the costs of restoration, the Board shall contract with such contractor as the Board in its discretions shall determine and proceed to perform the restoration.

12.2.4 Excess Insurance Proceeds

Any excess insurance funds shall be deposited in the operating account of the Association.

12.3 Rebuilding or Repair of Improvements on a Lot

12.3.1 Owner to Repair

If any Lot or any improvement on a Lot is damaged or destroyed by fire or other casualty, the Owners) of such Lot shall repair or rebuild the structures upon such Lot and restore such Lot to its condition prior to the damage or destruction, or to such other condition as shall have been approved in advance by the Architectural Committee pursuant to Article .

12.3.4 Destruction; Failure to Timely Repair

In the case of total or substantially total destruction of a Dwelling, if restoration is not commenced within one (1) year after the occurrence of the destruction, the Board may require that the foundation and other installations be removed and the Lot restored to a safe, orderly, and natural condition. Nothing in the preceding sentence shall be deemed to limit the right of the Association to otherwise enforce the obligation of an Owner to restore or rebuild the damaged structures and restore the Lot as provided in the first sentence of this Section Common Area.

12.4.2 Condemnation Award

Subject to the rights of Institutional Mortgagees as provided in Section 13.15 (“Mortgagees’ Right to Insurance Proceeds or Condemnation Awards”), the entire compensation or award in condemnation, to the extent such award is not apportioned among the Owners by court judgment or by agreement betv~een the condemning authority and each of the afFected Owners in the Development, shall be paid to the Association and shall be used in the manner determined by the Board, provided that such use shall not be

If only a portion of a Dwelling or Lot is taken and the remainder is fit for use as a Dwelling, the Owner shall continue to be a Member of the Association.

12.5.3 Rights of Association

In any condemnation action involving an Owner’s Dwelling or Lot, the Association shall have the right to seek compensation for any damages incurred by the Association.

12.6 Revision of Documents

In the event and an amended Declaration and readjustment of the percentages of undivided interest of the remaining Owners in the Development, if applicable.

12.7 Notice to Mortgagees; Mortgagees’ Right to Proceeds

Nothing in this Article 12 shall be deemed to abridge the rights of Mortgagees set forth in Section 13.9 (“Notices to Eligible Holders”) and Section 13.15 (“Mortgagees’ Right to Insurance Proceeds or Condemnation Awards”).

bank, a savings and loan association, an insurance or mortgage company, or other entity or institution chartered under or regulated by any federal and/or state law; (ii) an insurer or governmental guarantor of a First Mortgage including but not limited to the Federal Housing Authority and the Department of Veterans Affairs; or (iii) the State of California.

13.3 Eligible Holder Defined

“Eligible Holder” shall mean any Institutional Mortgagee who has delivered a written notice to the Association which contains its name and address and the number or address and the Federal National Mortgage Association or any other or successor institutions) serving the same or similar function. To that end, the Board is authorized, but not obligated, to take such action or adopt such resolution required by any Mortgagee to bring the Declaration or the Bylaws or the Development into conformity with the requirements of any of these entities or agencies as the Board in its discretion shall determine is reasonably achievable and consistent with the interests of the Association and of its Members as a whole.

13.5 Subordination of Assessment Lien

Assessment of the Association to levy any type of assessment or charge authorized by this Declaration.

13.7 Effect of Right of First Refusal

The Governing Documents do not contain any provisions creating a “right of first refusal,” but should any such right be created in the future, any such right shall not impair the rights of any Institutional Mortgagee to: (i) foreclose or take title to any Lot pursuant to the remedies provided in the Mortgage, (ii) accept a deed (or assignment) in lieu of foreclosure in the event may be terminated by either party without cause and without payment of a termination fee upon not more than ninety (90) days’ written notice. The approval of sixty-seven percent (67%) of the Total Voting Power of the Association and fifty-one percent (51%) of the Eligible Holders, based on one (1) vote for each First Mortgage owned, shall be required to assume self-management of the Development, if professional management of the Development has been required by an Eligible Holder at any time.

13.9 Notices in Eligible Holders

An Eligible Holder (as defined in Section 13.3, above) is entitled to timely written notice of:

Any condemnation loss or casualty loss that affects either a material portion of the Development or of the Lot on which the Eligible Holder holds a First Mortgage.
Any delinquency in the payment of Assessments or charges awed by the Owner of a Lot that is subject to a First Mortgage held by the Eligible Holder if the delinquency is not cured within sixty (60) days after its due date [448
Any Mortgagee can furnish information to the Association, Board, or Members concerning the status of any Mortgage.

13.11 Mortgagees’ Right to Attend Meetings

Because of its financial interest in the Development, any Mortgagee may appear (but cannot vote) at meetings of the Association, the Board, or the Members to draw attention to violations of this Declaration that have not been corrected or that have been made the subject of remedial proceedings or assessments.

13.14 Mortgagees’ Right to Pay Taxes and Insurance Premiums

First Mortgagees of individual Lots may, jointly or separately, pay taxes or other charges which are in default and which may become or have become a charge against the Common Area, or secure. new hazard insurance coverage on the lapse of a policy for such Common Area, First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association and, on demand, the affected Institutional Mortgagees, gaming the Mortgagees as their interests nay appear.

13.16 Mortgagees’ Consent for Termination of Development

Except as provided by statute in the case of condemnation or substantial loss to Lots and/or the Common Area, any decision, by act or omission, to abandon or terminate the legal status of the Development as a planned development shall require:

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