Surfside III Condo Owners Association Inc.

CC&R/Bylaw Review

 

Legal Description:

Tract 2459-1, 2459-2, 2459-3

Recording Number Book 4547 page 633. Located in the City of Port Hueneme in Ventura County.

 

Assessment Collection CC&Rs Article 6

1 Delinquent Assessment Collection per Civil Code 1365

q      Assessments due on the first of each month.

q      Assessments are delinquent per civil code 15th or 30th of the month.

q      Late fees may be charged is $10 or 10%

q      Interest may be charged at the rate of 7%

q      Special assessment over $2,000 needs approval of membership

q      Assessments may be considered subject to being liened after any period suggest after two months of assessment fees become delinquent.

q      Per civil code, you must send a demand letter prior to liening the account. The demand letter must provide a thirty-day time grace period prior to filing a lien (the documents stated 15 days).

q      Per Page 26 notes that legal fees for owner may not be more than 20% of the delinquent assessment amount.

q      You may foreclosure your lien is recorded

q      Per documents must initiate foreclosure within 150 days and lien is void if the default is not filed within 30 days these provisions are now updated by civil code.

q      The Board can suspend voting rights after a properly held hearing. However, civil code now requires 10 days notice for hearings.

 

Miscellaneous Provisions of the Association

1Article I Section 3 page 4 Unit boundaries are defined as the interior surfaces of the perimeter walls, floors, ceilings, windows and doors of each unit further defined is in the condo plan. It also includes the air space. The unit includes the dwelling area along with one or more vehicular parking spaces as noted in the condo plan.

2 CC&Rs Article I Section 4 page 4 defines common area as the entire project except those that are within the definition of a unit. The Common area shall be subject to easements and rights of use, for vehicular parking as may be described in the documents.

3 CC&Rs Article 1 Section 5 Page 5 defines Association owned area. Lot 4 (recreational building) of tract 2459-1, Lot 18 (open space recreational area of tract 2459-2). In addition, the association shall own the covered bridges over the Hueneme Drain, which bridge shall be constructed over an easement granted from the Ventura County Flood Control District. It shall be the responsibility of the Association to maintain and repair said bridges and the Board shall obtain further, appropriate liability insurance insuring not only the association but also the Ventura County Flood Control District.

4 Article XIV includes mortgage protection provisions including in Section 4 those issues that need to have lender approval for amendments to the documents, etc. This section also requires that the association maintain adequate reserves.

5 Amendments are made by 75% of the members.

6    Article X page 40 discusses destruction of improvements.

7    Page 36 Section 12 discusses that notices are deemed to be delivered 48 hours after they are placed into the United States mail.

8    Per the Bylaws, the fiscal year is the calendar year.

9    Parking Unit 754, 756, 758, 760, 762, 764, and 766 shall have a garage. Other units have in the condo plan the right to one parking space per plan in Exhibit D. All original parking spaces are for passenger autos. Campers, boat, trailers, and other RV vehicles may only be parked in the area designated by the Board. They may not park in guest parking. All must have insurance on their vehicles.

 

 

Powers of the Board CC&Rs Article III and V

1 The Powers of the Board shall include:

q      Manage the common areas in a good state of repair.

q      Page 19-20 there will be three bids for repairs and they shall accept the lowest bid if over $1,000 they will obtain a completion bond.

q      The Board may borrow money per this section and within its limitations.

q      Association may create and enforce parking rules.

q      Association can suspend voting rights or use of the recreational facilities if assessments are unpaid for up to 30 days for rule infractions.

q      Association shall obtain insurance.

q      Association shall employ management, contractors & personnel

q      Association Board can delegate its powers

q      Board may hire a manager and set compensation.

q      The special meeting may be called for a lawful purpose with a ten-day notice to the members.

q      Suspension of privileges of members may be done after a hearing and vote for failure to pay dues or for 30 days for each rules infraction. There must be at least a fifteen-day notice of hearing per civil code (not more than 30 days per CC&Rs).

q      Association shall fix and levy assessments for the members.

q      Association Board will establish the budget.

q      Association shall pay all expenses, licenses, taxes, etc. for property.

q      Association per Civil code can enforce rules & regulations and hearings can be set according to civil code for fines.

q      Association shall adopt rules and enforcement proceedings.

q      Association has the right to enter upon a lot to enforce the maintenance confirm notice requirements.

Architectural Control Guidelines Article 7.3

1 General Architectural Parameters

q      No structural modification, exterior alteration, or addition shall be commenced, erected, or maintained unless approved in writing by the board.

q      Awnings, sunshades, and screen doors will be approved on the basis of uniformity and enhancing the attractiveness of the community.

q      No antennas or TV reception device in the common area without board approval.

q      All improvements are subject to architectural approval.

q      Typically, the architectural control committee or Board can establish reasonable standards. The guidelines do not provide many specifications for the architectural control committee or process.

q      Amendment to CC&Rs 89-108921 7/12/89 this regulates Article XVIII for sundecks. It is to govern the approval, construction, and maintenance of sundecks. Sundecks are permitted to be constructed atop the respective roofs of common area garages adjacent to the townhouse units contained in building numbers 10,11,12,13,14,15,16, and 17, commonly known as 754,756,758,760,762,764,766,768,770,772,774,776,780,782,784,786,791,793,795,797,799 Sea Wind as well as 607,611,619,623,625,631,6xx, 663,660,672,676,680,689,962,964,966,968,970,972,76,976,978,980,982,984,986,988,990,992 and 994 Lighthouse Way.

q      No sundeck shall be constructed, modified, or altered except upon approval of the Board of Directors in accordance with the Rules established by the Board per article VIII, Section 3 of the CC&Rs.

q      All sundecks shall be built in accordance with the plans and specs of resolution No. PC-80-12, a major modification to planned development permit no. PHPD-365, dated 8/19/80 and as it is changed or amended from time to time.

q      Those sundecks built prior to 80/8/86 shall not be subject to further approval procedures. However, all existing sundecks shall be subject to other terms and provisions of this article and the CC&Rs.

q      The sundecks and all component parts shall be deemed to be a part of the common area of the project. Upon construction of the sundeck, the air space bounded by the surface of the sundeck, the top surface (as defined as the sealing material), the surrounding railings and the vertical wall through which access is provided shall be deemed to be exclusive use common area appurtenant to that unit through which access is provided.

q      The top surface of the sundeck shall be constantly kept in good, weather tight, clean, and attractive order and repair by and at the sole expense of the owner of the unit affected. The association shall maintain all common area portions of the sundecks other than the top surface. No person shall place or store nay chair, bench, table, awning, patio cover or other item on any sundeck except as permitted by reasonable rules established by, or approval granted by the Board of Directors.

2 Architectural Submission Deadline

q      Review rules and regulations for any deadlines on approval process as none were noted in the CC&Rs.

3 Architectural Committee

q      Refer to the rules and regulations for the number of committee members as none noted in CC&Rs.

 

 

Insurance Provisions CC&R V

1 General Insurance Requirement

q      Association insures the building, structure, or improvements in the common area it should be a special form, all risk policy.

q      The association does not insure private owned or personal property.

q      The association per Civil Code is to purchase comprehensive general liability insurance - note civil code will require 3 million in coverage. (over 100 units). (Documents are outdated and note minimum of $100,000).

q      The association shall purchase workers compensation insurance as necessary per code.

q      If HUD requires flood insurance, it will be carried.

q      There shall be a 30-day cancellation notice.

q      D&O is required by civil code.

 

Maintenance Responsibility CC&Rs V and VII Bylaws Article X

1 General Maintenance by Owner

q      Owner must keep interior of the units in good repair.

q      Owner has right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding their respective units.

q      Every owner must perform promptly all maintenance and repair work within his own unit which if omitted, would affect the project as a whole or in a part belonging to other owners and is expressly responsible for damages and liabilities that his failure to do so may engender.

q      All repairs of internal installations of the unit, such a water, power, sewage, telephone, sanitary installations, doors, windows, lamps and all other accessories belonging to the unit area, shall be maintained at the owners expense.

q      An owner shall reimburse the Association for any expenditure incurred in repairing or replacing any common or association owned area facility damaged through his fault.

 

2 Damage or noncompliance

q      Article XV association has an easement for maintenance as well as the common wall owners. If an owner does not maintain his home the association can given 60 days written notice and then enter the lot to make the repairs and bill the owner back (suggest do by way of a hearing).

q      Article VIII Section 1 The Board may designate a qualified repairperson or other person to enter upon or within a unit in the presence of the owner, or otherwise, for the purpose of making emergency repairs or for necessary maintenance or repair to portions of the common area or to abate any nuisance being conducted or maintained in the unit, in order to protect the property rights and best interests of the remaining owners.

q      All owners may be required by the Board to deposit with the manager or his nominee a key to their unit.

3 General Maintenance by Association

q      Association shall have the exclusive right to paint, decorate, repair, maintain and alter or modify the exterior walls, balconies, railings, exterior door surfaces, roof and all installations and improvements in the common area and no owner of a unit shall be permitted to do or have done any such work.

q      Article IX This section discusses utility lines for sanitary sewer, water, gas, electricity, phone cables and television cables based on the following:

a)     if utility line lines within a portion of another unit the owner shall have the right to enter to repair, replace and generally maintain the connections.

b)     If these connections service more than one unit, the owners of each unit served by said connection shall be entitled to the full use and enjoyment of such portions of the connections that service his unit.

c)      If the connection is damaged or destroyed through the negligent acts or failure to act, or willful misconduct of one unit owner or any of his agents, invitees, tenants, servants, guests or family members, so as to deprive other unit owners of the full use and enjoyment of the connection/line, then the connection shall be repaired and restored by the association but at the expense of the unit owner who was responsible for the damage (his guests, tenants, etc.).

d)     If the connection or line is damaged by some other cause other than the negligence or willful misconduct (ie. Wear and tear) then the association shall repair and restore the lines out of association funds that are collected from all owners.

e)      If there is a dispute between owners as to the repair of the connection or line and the sharing of costs, upon written request of one of the owners the matter shall be submitted to the board for a final and binding determination.

 

 

Use Restrictions CC&Rs VII

1 General Use Restrictions and Rule Guidelines

q      The units shall be occupied only as a single-family home

q      Board may regulate parking and outside storage of boats, trailers, bicycles and other objects.

q      No automobile, trailer, boat, camper, or other similar type vehicle shall be permitted to remain on any portion of the common area or Association owned area except for areas designated as guest parking by the Board for a period not to exceed 24 hours. The Board shall have the right to rent at cat charges they determine any or all of the 21 recreational vehicle parking spaces.

q      No owner shall park his vehicle or allow his guests and/or tenants to park their vehicles in any space other than that assigned to the owner and any spaces designated as guest spaces.

q      Board may regulate disposal of waste materials.

q      Board may regulate drying of laundry.

q      Board may regulate issues that detract from the appearance of the community or offend or cause inconvenience or danger to persons residing or visiting therein.

q      Board may provide in the rules for reasonable rental charges for storage areas or facilities that exist in the common area the Association shall not be responsible for damage or loss to property of items stored.

q      A copy of the rules will be distributed to the members and posted in a conspicuous space in the common area

q      The owner may delegate the right of usage to his tenants.

q      one vote permitted per lot.

q      Prohibition of Air Conditioning Section 14 page 33 Due to requirements of the California Coastal Zone Conservation Commission, South Central Coast Region, Permit No. 51-1, no air conditioning shall be allowed in any unit, unless solar energy is installed within the project as a supplemental energy source and thereafter, application to and with approval by the Commission is fist obtained.

q      There shall be no open storage of materials or equipment on the property.

q      Properties should only be used for residential purposes.

q      No architectural changes without approval of the ACC.

q      Dwelling cannot be occupied in any manner that will increase the insurance or uninsurability of the association or result in insurance cancellation.

q      No billboard or advertising sign other than a sign of reasonable size and color (per civil code now) advertising for sale or rent signs will be approved by the board and will be professional and dignified in appearance. Board will also designate the locations.

q      No antenna for radio or television except per the rules of the Association (and per FCC guidelines).

q      No storage in common areas except as permitted by Association.

q      No nuisance or interference with someones right of enjoyment.

q      No unreasonable noise

q      No immoral or illegal activity. Must comply with ordinances or statutes of the Board of Health.

q      No fence, hedge, or wall shall be erected in common area without approval in writing by the Board.

q      Owners are responsible for the actions of their family, guests, tenants, etc.

q      If injury within the home or exclusive use patio the unit owner will indemnify the association and other parties.

q      Dogs, cats, or other ordinary household pets (birds inside birdcages) may be kept within the house per the rules of the association. They cannot be kept, bred, or maintained for any commercial purpose. No animals, livestock, or poultry is permitted other than a normal dog, cat, or ordinary household pet.

q      Board can set reasonable amounts but may not be more than one per unit. Board may prohibit keeping of any animal that is deemed a nuisance to any other owner.

q      Pet must be kept within an enclosed patio or on a leash being held by a person capable of controlling the animal. The patio must be maintained so the animal cannot escape from it and the board in writing must first approve this. If an animal is found to be unattended out of the enclosed patio and not being held in the arms by a person capable of controlling the animal, the animal may be removed to a pound under the jurisdiction of the local municipality in which the project is located, etc.

q      Owners shall be solely liable to all other owners, their families, guests, etc. for any unreasonable noise or damage to person or property caused by the animal.

q      All dogs must be carried and held by their owners from the unit to without the project and may not be on any portion of the common area at any time. The owner must clean up after the pet.

 

BYLAWS

 

General Provisions

1 Association Name

q      The association will be known as Surfside III Condo Owners Association.

 

Meetings Article IV and V

1 Membership

q      Meeting of owners shall be onsite or as close to City of Port Hueneme or County of Ventura as possible

q      The association will conduct an annual meeting per the bylaws. The annual meeting stats will be held First Tuesday 8:00 p.m. if it falls on a holiday then the next day.

q      Member voting may be suspended by hearing if member is delinquent.

q      Owners may have only one membership.

q      The quorum is stated as a majority (50%) for annual meetings.

q      Notice for annual meetings and special meetings will be in writing, will be given not less than 10 days or more than 30 days, and shall include the general nature of the meeting.

q      No fractional voting permitted.

q      Organizational meeting will be held within 7 days.

q      May recall the Board with 51% affirmative vote of the owners entitled to vote at any election of the Board if all members are recalled use the reverse formula method to determine percentage required if any less than all members are recalled

q      The package should include all known nominees at the time of the notice per civil code.

q      Special meetings can be called by the President, majority of quorum of Board or 50% of the membership by petition.

q      Cumulative voting is permitted.

q      Inspectors of the election shall be appointed before the meeting you can appoint 1, 3, or 5 inspectors.

q      The order of business is listed on Page 12 of the Bylaws items 1-7

q      The association shall use parliamentary procedures.

 

Board Powers Bylaws Section III, V and VII

1 The Following are Board Powers:

q      Select and remove officers.

q      Act as trustee on insurance policies and insurance proceeds

q      The Board may call a position vacant on the Board if the Board member misses three consecutive meetings.

q      The Board may enter the lot to conduct maintenance as required by the CC&Rs.

q      The Board may fill vacancies.

q      Appoint committees including recreation, maintenance, publicity, accounting, architectural and executive.

q      Board can adopt rules.

q      Manage affairs and establish rules.

q      Maintenance of common area.

q      Supervise all officers, agents, and employees.

q      Employ a manager.

q      Fix and levy assessments; prepare budgets and financial statements.

q      Incur expenses and establish reserves.

q      Enforce CC&Rs and Bylaws.

q      Contract for insurance as stated in the documents.

q      Hearing and suspension of rights per civil code. There must be a 15-day notice for the hearing and the action cannot be taken for five days after the hearing per civil code. Rights may be suspended for up to 30 days for a violation.

q      Contract for goods and services

q      Contract for maintenance, gardening, utilities, and services as necessary.

q      Delegate its powers according to the law.

q      Bond all officers or employees

q      Maintenance all exteriors in first class condition

q      Right of entry to maintain for emergency purposes page 34

 

Board guidelines Article V CCRs Article 4

1 The Following are general guidelines for the Board and Board meetings.

q      There should be five board members who must be owners.

q      Quorum is 50%

q      Section 5.10 Page 16 discusses the nonliability provisions for the Board. All board members must be bonded.

q      Terms of office should be one year.

q      Board members hold their office until a successor is elected.

q      There is cumulative voting.

q      A majority of the owners may remove with or without cause any one or more of the directors and a successor may then and there be elected to fill the vacancy (by cumulative voting). It takes 51% majority to remove the entire Board otherwise; it is a reverse cumulative vote formula. Unless the entire board is removed, an individual director shall not be removed if the number of votes voted against the resolution for his removal exceeds the quotient arrived at when the total number of votes entitled to vote is divided by one plus the authorized number of directors.

q      The Board will have an organizational meeting

q      Per civil code, the members should be given notice of the meetings at least four days before the meeting - it can be posted in a conspicuous place.

q      Board quorum is the majority of directors.

q      Special meetings of the Board can be called by President or three other directors with notice.

q      There is no compensation for board members except for reimbursement.

q     Action without a meeting can be done as long as all board members consent in writing.

q     lines Article 5

2 The Following are general guidelines for the Officers of the Board

q      The offices of President, VP (both must be board members), Secretary and Treasurer and (not required to be board members.) There may be other officers as chosen by the Board.

q      Officers are chosen annually by the Board of Directors and serve at the discretion of the Board.

q      Page 14 explains officer position duties.

q      The Board can remove officers.

q      Vacancies of an officer are filled by the vote of the Board of Directors.

 

 

Important General Provisions

1 The Following are general provisions that the Board and Association must comply:

q      Per Civil Code Minutes will be available in draft form 30 days from the meeting.

q      Per Civil Code, The members may request to inspect records, (for example, which include the ownership register, books of account, and the regular session minutes). This is now all subject to the civil code record inspection guidelines. Respond within 10 days of the request.

q      Reports, bank reconciliations, reserve studies, etc. all must be done in compliance with the civil code.

q      Reserve funds require two board members signatures per civil code.

q      Reserve study provisions - civil code requires a physical site inspection at least one time every three years.

 

Amendment Provisions

Amendments are made with 51% membership approval

Fiscal year is calendar year