10603943 When Recorded mail to: WOODBINE CORPORATION 8383 Wilshire Boulevard Beverly Hills, Californie 20211 18397 DECLARATION RECORDED AT REST TITLES & TH IN OFFICIAL RECTURES OF ORANGE COMMITY, CALIF.
8:00 AM MAR 21 1973 1. WILE CASEYLE, County Recender OF COVENANTS, CONDITIONS AND RESTRICTIONS: THIS DECLARATION, made on the date hereinafter set forth by WOODBINE CORPORATION, A California Corporation hereinafter to as Declarant".
WITNESSETIL as: WHEREAS, Deciorant is the owner of certain property in the County of Orange State of California, which is more particularly de. ribed Lote 1-196 and Lots A and D of Tract 8126 in the City of Cypress, County of Orange, State of California. Recorded in Book 316 Pages 18-22 inclusive of Miscellaneous Maps, in the office of the County Recorder of usid County.
393 NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, soid and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpo of protecting the value and desirability of, and which thal run with, the real property and be binding on all parties having any right title or Interest the described properties or any part thereof, their heirs, successors and asė igns, and shall inure to the benefit of each owner thereof.
ARTICLE 1.
DEFINITIONS Section 1. "Association" shall mean and refer to CYPRESS VILLAGE HOMEOWNERS ASSOCIATION Its successors & d'assiet.
10603944 Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple citle to any Lot which is of the Properties, including contract sellers, but excluding those having suc interest merely as security for the performance of an obligation,
s or entities, of a fee simple citle to any Lot which is of the Properties, including contract sellers, but excluding those having suc interest merely as security for the performance of an obligation, Section 3. "Properties shall mean and refer to that certain real property hereinbefore described, and such additions thereco as may here be broug within the jurisdiction of the Association..
Section 4. "Common Area" shall mean all real Association for the common use and enjoyment of the The Con Area to be owned by the Association at the time of the coaveyance of the first lot la described as follows Lot And Lot D of Tract 8126 in the CS County of Orange, State of California.
Book 316, Pages 18-22 inclusive of mis Maps, in the office of the County Recorde Section 5. "Lot" shall mean and refer to any plot of land shown recorded subdivision map of the Properties with the excep Area.
1.0f the Section 6. "Declarant" shall mean and refer to Wodbine Cor a California Corporation its successors and ins if such succes or assigns should acquire more than one undeveloped Lot from the for the purpose of development.
Mari ARTICLE II PROPERTY RIGHTS Section 1. Owner's Easernents of Enjoyment. Every owner shall of ingress and egress and of enjoyment in and to the Common Are t 10603945 appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission ind and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use the recreational facilities by an owner for any period during which a assessment against his Lot remains unpaid; and for a period not to gicised
sociation to suspend the voting rights and right to use the recreational facilities by an owner for any period during which a assessment against his Lot remains unpaid; and for a period not to gicised days for any infraction of its published rules and regulations after a hearing by the Board of Directors of the Association.
(c) the right of the Association to dedicate or transfer all or any of the Common Area to any public agency, authority, or utility for suci; purði se and subject to such conditions as may be agreed to by the members.
4 dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or trans has been recorded.
Section 2. Delegation of Use. Any owner may delegal, in accor with the By-Laws, his right of enjoyment to the Common Ar and facilities the members of his family, his tenants, or contract purchasers who reside on the property.
La ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessmen a member of the Association. Membership shall be appurtenant to not be separated from ownership of any Loc which is subject to assessment.
* 10603946 Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant and shan be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members.
The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot, Class B. The Class B member(s) shall be the Declarant and shall b entilted to three (3) votes for each Lot owned. The Class B membership
event shall more than one vote be cast with respect to any Lot, Class B. The Class B member(s) shall be the Declarant and shall b entilted to three (3) votes for each Lot owned. The Class B membership si all cease and be converted to Class A membersnip on the happening of either of the following events, whichever occurs earlier: (a) (b) when the total votes outstanding in the Class A membership equal the total vores outstanding in the Class B membership, or two years from the date of the issuance of the most recent Public Report for a phase of the overall development, or (c) on January 25 1976 ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMEN 'S Section 1. Creation of the Lien and Personal Obligation of Assessments.
The Declarant, for each Lot owned within the Properties, hereby cover ante, and each Owner of any Lot by acceptance of a deed therefore, whether or axi shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (I) annual assessments or charges, and (2) special assessments -inafter wowaled costs, tad coating sch assessment established and collected as Thermal and spechi sessments, together with interest.
le atrorscy's feer, shall be chate on the tow and shall pothe peperty gent each ach assessment is made, together with interent costs, and reasonable amorney's res, shall sporogation of the person who was the Owner ach prop the time the sessment el diue. The personal obligation uch such as desingu Expresy a 27 shall no pies to su by ther sors in title unless possessicats some levied by the Abused exclusively to promote the reuruation, health, safety and are the side the Properues and for this provement and an He Comunion Area, ead of the bones situate upon the Properties.
Sexxum Annual Asset Ununuary 1 of the year
e the reuruation, health, safety and are the side the Properues and for this provement and an He Comunion Area, ead of the bones situate upon the Properties.
Sexxum Annual Asset Ununuary 1 of the year diorek mowing thy conveyance of the first lot to an Owner, the maxitius.
anual assessment stil two hundred ninety eight dollars 00/100 per 1x.
1.)
Trom and after January 1 of the year in molely following the craveyance of the funt for an Owner, the mam anaual ssessmen Asobach voor not th5% above the maximum assessment for previous year w hour a vote of the membership.
(n) rander Jary of the year immediately lo'lowing the co-eyence of the nose to an Owner, the maximom anal as eas and by realhe wife or welten assent of 51% of a class of 409 The Board axim.
my ex the anal asscarmen Sertion 4.
Special Assessments for Cipital improvements. In addition to the annual assessments authorized above, the Association may levy, in ary assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures, personal property , fire, casualty, liability on other insurance and services related thereto. Any such assessment or contract for materia's and/or services in effect for more than one year shall have the vote or written assent of 51% of Class "A" members excluding the Declarant.
Secrion 5.
Notice and Quorum for any Action Authorized Under Section 3 and 4.
Any action authorized under Section 3 or 4 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than 30 days nor more than
ection 3 and 4.
Any action authorized under Section 3 or 4 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. If the proposed action is favored by a majority of the voted cast at such meeting, but such vote is less than the recuisite 31% of ich class of members, members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the association not later than 30 days from the date of such meeting.
Section Uniform Rate of Assessment. Both anrial an special assessments must be fixed at a uniform rate for all Lois and may be collected on a monthly basis.
Section 7. Date of Commencement of Anmial Assessment: The Dates The annual assusaments provided for herein shall commence as to all Lots o the first day of the month following the conveyance of the Common Area. The * annual assessment shall be adjusted according to the number a months remaining In the calendar year. The Board of Directors shall fix the amount of e amwal tessinent against each Lot at least thirty (30) days in advance of ach annual assessment period . Taxes which could become a Hen on the Common Area must be paid for by the Association.
Written notice of the annual assessment thall be.
-6..
datos sinil he established by the ssion shall upon demand, and for a reasonable clara cientes by an officer of the association setting forth whether th assess on a specified Lot have been paid. If a certificate states that an assessment has been paid, nuci certificate shall be conclusive evidence such payment.
Section 8. Effect of plon ssments: Remedies of the Association.
n paid. If a certificate states that an assessment has been paid, nuci certificate shall be conclusive evidence such payment.
Section 8. Effect of plon ssments: Remedies of the Association.
Any arse. top with thirty (30 days after the due date shall bear interest in the tent at the rate of perccat per annua. The Association may legantian at Inst Owner ursonally obligated to pay the same, fored ..
The best the property. No owner Bizy waive or otherwise escape habilite for the assessms provided for her tia by nomuse of the Konumon Area or aboudament of his Lot.
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Section 9. Subordination of the Lie neses is provided for hercin shall be mortgage. Sale or tranfer of any However, the sab Mortgage. The lien of the abordinate to the lies of any first she!! not affect the assessment lie.
transfer of any pursuant to wage foruckar proceeding in eof shall extinguish the Men of ich assessments 27 to payments which bec dhe per to such sale or trane. No sale or ira isfer shall relieve such Lot from Hity for any assessment thereafter becoming Le or from Hen the of Section 10. In the event of destruction or extensive damage to the common aris or facilis, intend that the insurance proceeds mayable to the Association of such de ruction or camage be used rebuild or.
air the madnes.
ARTICLE V ARCHITECTURAL CONTE No had fo or minuton upon herties, or attention there by doitia our ar !!, stricturesll be commed shat any exterio: add to or change ture f subdial י קר .
cccation showing the me shall have been tre of external desig und 7 : winderig Vition to store singing stuan topphy by the boundú os Association, or by an archurch ral committee composed of two serepresentatives appoin by the oa 'd. In the event and Board, commut fails to approw or disapprove such liga
stuan topphy by the boundú os Association, or by an archurch ral committee composed of two serepresentatives appoin by the oa 'd. In the event and Board, commut fails to approw or disapprove such liga allocation ithin thirty (30) days aftermal plans and specifications have been submitted to it, approval will not be required and this Article will be demed to have been fully complied with.
Section 1.
ARTICLE VI GENERAL PROVISIONS.
Enforcement. The Association, or any (wner, shall have the right to enforce, by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, liens and charges power hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Omer to vaforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgement or court order shall in nowise affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declar.tica shall run with and bind the land, for a term of twenty (20 years from the date this Declaration in recordel, after which time they shall be automatics liy extended for successive periods of ten (10) years. This eclaration may be amended by an instrument signed by not less than seventy-five percent (75) of the Let Owners Any amendment must be recorded.
Section 4. FHA/VA Aproval. As long as there is a Class B membershi the following actions require the prior approval of the Fedral Iousing Adicinistration or the Viterans A Iministration: Annexation of Additional properties, destication of Common Area, and amendment of this Declaration of
require the prior approval of the Fedral Iousing Adicinistration or the Viterans A Iministration: Annexation of Additional properties, destication of Common Area, and amendment of this Declaration of Covenants, Corions and Restrictions.
Section 5. Mortgages Pro ection. No breach of any provision here con shall defeat or render invalid the ten of any mortgage or cos made in good faith and for value, but all of the provisions shall be binking upon and shall beffitive against any owner whose title is derived through foreclosure er trusice's sale, or otherwise.
scox 10603=951 Axation Additional yoperty may be annexed to the Real Property upon the watten issent of two-mirds (2/3) of each Class of voters the coporation.
(a) Adhional resid atial property a. Cominon may be anned to the Properties with the cent of thirds (2/3) of och clans of members, excluding declarent.
(2) Aderland within the art described on Exhibit "A" mayan sed in the Declarant without the consent of members with. (3) years the date of this instrument provided that the Pooral Housing administration and the Veterans Administration determine that annexation is in accord with the general plan herefore approved by them.
*10603952 ARTICLE VI USE RESTRICTIONS Section 1. Unless and except as specifically permitted by rul 1 adopted by the Board of Directors no external antenna for the reception or transmission f radio or television signals shall be erected or maintained upon any Lo or the Common Area, nor shall any Lot or Common Area be utilized for the transmission of shortwave or other radio or television communication.
The provisions of this section shall not apply to artene Installed by Declarant during the course of construction. The maximum number of television
hortwave or other radio or television communication.
The provisions of this section shall not apply to artene Installed by Declarant during the course of construction. The maximum number of television antena cutlets allowed per dwelling unit shall be three (3).
ARTICLE VIII JSE OF LIVING UNITS AND COMMON AREA (a) Each Living Unit shall be improved, used and occupied for priate single-family dwelling purposes only.
(b) Each garage shall be used for the storage of automobile passenger vehicles only and no truck, camper, trailer, boat of my hind, or other siin or multi-purpose engine-powered vehicle other than a standard automobile shall be parked in any garage, except temprarily and solely fo: he purpose o loading and unloading, without the prior approval of the Art hitectural Committee.
(c) No Living Unit shall be used in such manner as to obstruct or interfere.
with the enjoyment of occupants of other Living Units or any them by unreasonable noises or otherwise, shall any nuisance, or immoral or illegal activity be committed or permined to occur on or in by Ig Unit.
(d) No noxious or offensive activity shall be carried on mary Living Unit or to the Common Area, nor shall anything be don therein which may be or bavenie an annoyance or muisance to the other Owners.
-9ARTIC IX PARTY PALS py. sad wall which is built us a part of the rigid suuct of the inner: unoa the Properties and placed on the vidig been the iris shall constitute a party wall, and, to the extent or inconcistent with dorovisions of this Article, the general rules of law revirding porty walls and liability for property damage due to negligence or willful acts or omies shall apply thereto. Each Owner of a Lot upon which there exista a party wall shall own to the center of such wall.
y walls and liability for property damage due to negligence or willful acts or omies shall apply thereto. Each Owner of a Lot upon which there exista a party wall shall own to the center of such wall.
Session 2. Sharing of Repair and Maintenance. The cost of reasonatic Tepimi mance of a party wall she be shared by the Owners who make use of all in proportion to such use. The Owner of each Lot upon which there located a party wail shall have a reciprocal non-exclusive easement to each comigous Lot for the parpos of maintaining said party wall.
Section 3. Destruction by hire or Other Casualty. I a party wall is destroyed or damaged by fire or other casualty any Owner who has used this wall may restore it, and if the other Owners thereafter make use of the wall, icy shall contribute to the cost of restoration thereof in proportion to such nse without prejudice. however, to the right of any such Owners to call for a later contribution from the others under any rule of la i egarding Hability for negligent or willful acts or omissions.
Section 4. Weath proofing. Notwithstanding any other pr wisions of this Article, an Own who by his negligent or willful act causes the party wall o be exposed to the elements shall bear the whole cost of furnishing the necessa protection inst su clemoms.
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S5. Rigle to Contribution Run with Land. The right of any Owner to contrition from any her Owner under this Artic! shall be uppurtenant the in and all pss to sach Own akcesors in sitio Section 6.
Arbitra. In the even any dispute arising conterning aparty on under the provisions of the ench party at all choose one arb. rator, and such arbitrators shell choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
the provisions of the ench party at all choose one arb. rator, and such arbitrators shell choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
IN WITNESS WHERECH, the undersigned by ing the Declara er þin has 19.73 to set its hand and seal this lith day of Hammary * 449 4 } STATE OF CALIFORNIA January 25, 1973 Sate, pay " 20 IN my bad d wine who cut thetri h T s SS.
WOODSING CORPORATIY Sterman, belote me the undersigned, a Notary Puc in and for athan Shapell Prat, and Irvin Sterman the couration that she wickin the ad, and thin 1. ard OFF TAL SEAL MONA SACKS I COUNTY 5.197: Pres dent +1060341955 Additional property to be annexed as defined in Article VI, Section 5; Tract No.
8125 Tract No.
$177 Tract No. 8124 Tract No.
7793 EXHIBIT "A" 24 on Nec n Men F Wind. S 27265 10 Arte A qual BOTED ...!
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