Sun and Shadows at Borrego Springs Homeowners Association

Key facts from Sun and Shadows at Borrego Springs Homeowners Association's documents

Community type

planned development (Recital C (California Civil Code §1351(k)

Legal name

Sun and Shadows at Borrego Springs Homeowners Association

Units / lots

fifteen (15) units (Section 2.2)

Developer / declarant

Floyd E. Andres and Bertha B. Andres (Section 1.8)

Governing law

Davis-Stirling Common Interest Subdivision Act (California Civil Code §1350 et seq.) (Recital D)

Assessments & dues

Determined by Board based on annual budget (Section 4.3, 4.3.1)

Special assessments

Board may levy special assessments for capital improvements or extraordinary expenses; if aggregate exceeds 5% of budgeted gross expenses, requires majority vote of quorum (Section 4.4.1)

Collections & liens

Assessment lien recorded and enforceable by sale (court, trustee, or substitute trustee) in accordance with California Civil Code §§2924, 2924(b)-(h); subordinate to first mortgage; Association may bid at foreclosure (Section 4.8)

Reserves & fees

Change of occupancy charge may be assessed at escrow close (conveyance) or when new tenant takes possession; amount determined by Board (Section 4.9.3)

Leasing & rentals

Hotel or transient use prohibited; Association Rules shall include a policy on leasing and renting (Section 2.9)

Architectural approval

Committee must approve/disapprove within 45 days of submission; if no action, Owner may submit notice to Board; if still no action within 30 days after notice, plans deemed approved (Section 8.4)

Maintenance

Association maintains Common Area and paints exterior of homes (wooden walls, fascia, soffits); Owner maintains Lot including roofing, septic systems, landscaping, and all other improvements (Section 6.1, 6.2, 6.3)

Insurance

Casualty policy on Common Area improvements (full replacement value), comprehensive public liability, workers compensation, directors liability, fidelity bond, and other insurance as deemed necessary (Section 9.1.1 - 9.1.6)

Use restrictions

Each Lot shall be used as a residence for a single-family and for no other purpose (Section 7.3)

Voting & meetings

One vote per Lot; joint owners determine vote; proxy allowed with written submission prior to vote; fractional votes not allowed (Section 3.4, 3.5)

Amendments

Amendment requires 75% of Owners voting by written ballot (as per Recital E) (Recital E)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.