Landmark Yorktown Community Rules and Regulations Table of C ontents Page Gener al Rules and Regulations ………………………………... 2 Section A Common Area …………………………………………….…2 Section B Vehicles & Garages ……………………………………….3 Section C Pets ……………………………………………………………….3 Section D Landscaping ………………………………………………….3 Section E Architectural Changes ……………………………………4 Section F Swimming Pool & Spa Rules ………………….……….4 – 5 Section G Clubhouse Rules …………………………………………….6 Section H Club House Agreem ent Form ……………….……….7 Respo nsibilities …………………………….……………….8 Section I Amendment to Rules (mold, mildew, funguses and / or other organisms ) ……. ….9 Policy Regarding Repairs to Structural and Incidental Damage …………………………………………………………….10 Association and Homeowner Obligations. ………………………….11 Association Obligations ………………………………………….12 Regu lations Regarding Water Damage Repairs ………………….13 - 15 Maintenance and Repair Matrix for Association and Homeowner Responsibilities ……………………………………….16 - 19 Landmark Yorktown C ommun ity Associ ation A. GENERAL RULES & REG ULATIONS The following rules and regulations are des 6gned to serve the general interest and to maintain and enhance the value of the Landmark Yorktown Community Association (LYCA ) "Association" or “Community". They are for the benefit of all owners and residents.
1. When an owner rents or leases out his/her unit, the right to use the C ommon Area(s) such as the pool and/or the Clubh ouse Is assigned to the renters/lessees . The owner forfeits his/her own right to use these facilities, Owners are responsible for the actions of their renters/lessees and any guests of the owner or renters/ lessees.
2. It is the responsibility of each owner to provide his/her renters , lessees or extended guests of 6 months
for the actions of their renters/lessees and any guests of the owner or renters/ lessees.
2. It is the responsibility of each owner to provide his/her renters , lessees or extended guests of 6 months or longer with a copy of the LYCA R ules and Regulations.
3. Any problems that are, or may be, Association must be reported to the management compan y, which is on call 24 hours a day. If contract ors are engaged without "management company" request or approval, the Association is not responsible for the costs incurred i.e., when a pipe in the concrete springs a leak.
4. No firearms, pellet guns, sling shots, firework or other similar contrivances sh all be used in any manner on or from any unit5 building, street} or Common Area.
5. No residents or guests shall make or permit unreasonably disturbing noises on the premises; nor do or permit anything to be done by such persons that will unreasonably interfe re with the rights, comfort, or convenience of other residents.
6. Items such as towels, bathing/wet suits, r ugs, or laundry shall not be hung on any patio, window, garage door, walkway, fence, or railing , 7. Water shall not be wasted. Limit irrigation of outd oor plants and gardens to stop all water runoff.
Vehicles can only be washed using a bucket and a hose with a shut off nozzle. Immediate repairs must be made to any and all leaking water lines, faucets and toilets in household \d plumbing.
B. COMMON AREA The Common Area is defined and described in the CC&Rs (Article Section 1.08).
Each resident and owner has a vested Interest in the Common Area, The cost of maintaining these facilities comes directly from LYCA dues, so it is in everyone ’s best interest to keep them clean and
Each resident and owner has a vested Interest in the Common Area, The cost of maintaining these facilities comes directly from LYCA dues, so it is in everyone ’s best interest to keep them clean and tittered, These areas should be given the same pride of ownership and care which one would give to one's own home.
1. Bulletin boards in the Common Area shall not be used for private notices by nonresidents.
2. Trash shall not be put out on the C ommon Area for collection earlier than sundown on the evening before the day of trash pick -up. Trash containers shall be removed from Common Areas by midnight on the day of trash pick -up. If you are unable to personally comply with this schedule due to vac ation, etc., then make arrangements with a neighbor or someone else to put out your trash and remove trash containers according to this schedule, Trash generated outside of this community shall not be brought into the community for collection by the Associ ation trash collection service, 3. Riding bicycles, skateboards, scooters and the like on landscaped areas and common stairways is not permitted Climbing upon trees, gates, walls and landsca pe slopes is not permitted.
4. No part of the Common Area is for the exclusive use of anyone res idents, Common Areas may not be cordoned off to limit entry by any member of the community or authorized vendor/agent .
5. Sidewalks, outside stairways, landscaped are as and streets shall not be used in any manner that will limit entry or exit to or from any unit. Patio furniture, b icycles, toys, sporting equipment and the like are not permitted to remain in the Common Areas, they are considered abandoned and are subjec t to removal.
C. VEHICLES & GARAGES
urniture, b icycles, toys, sporting equipment and the like are not permitted to remain in the Common Areas, they are considered abandoned and are subjec t to removal.
C. VEHICLES & GARAGES 1. Garages ana driveways shall be used for parking vehicles customarily used as general transportation.
These vehicles may Include a company -owned car or a commercial trade vehicle that fits in the existing driveway without ov erhanging onto the street or sidewalk, 2. The temporary parking of boats , campers, or other vehicles not customarily used for general transportation is permitted in the Common Parking Area for a short duration, but not to exceed twelve (12) hours in twenty -four (24) hour period. No overnight parking or sleeping in a recreation al vehicle Is allowed 3. Unless the Board gives advance written approval in each and every instance based upon a written request, residents and/or owners shall not install or operate in the unit or associated garage, any machinery greater than two (2) horse p ower, refrigerating, heating device, or air conditioning apparatus, or use any illumination other than electric light, or use or permit to be brought into the unit or associated garage an y flammable oils or fluids such as gasoline, kerosene, benzene, propa ne or other hazardous materials such as explosives except in legally approved containers for personal use only. Such amounts shall be limited to one gallon maximum, 4. Containers which conta in hazardous materials may not be put out for trash pickup. They must be delivered to a hazardous waste materials center for disposal.
5. Driving speeds shall always assure pedestrian safety , at all times . Vehicles must not exceed 15 m.p.h.
and must obse rve all posted stops .
red to a hazardous waste materials center for disposal.
5. Driving speeds shall always assure pedestrian safety , at all times . Vehicles must not exceed 15 m.p.h.
and must obse rve all posted stops .
6. Except for emergency start -up or vehicle wash ing, detailing, or topping -off fluids, vehicles may not be maintained, repaired, or rebuilt on any Common Area or driveway .
7. The Common Area parking is for visitor park ing only . By application and a cceptance by the Board, up to 10% (7) guest parking spaces wi ll be made av ailable to residents. Vehicles parked in driveways must not overhang the curb into the streets, 8. Garages shall be used for parking of vehicles and only for reasonable and customary st orage purposes for security and safety, garage doors shad be kept closed e xcept when in actual use, 9. All damages to a building or unit caused by a vehicle shall be the responsibility of the unit's owner .
The uni t’s owner is also responsible for vehicular damage caused by his/her renters/lessees .
D. PETS 1. Pet owners are subject to the Orange County Anima l Control Regulations and those of the City of Huntington Beach .
2. 2. Residents are responsible for their pets. Pets must be cont rolled so as not to damage lawns, planted areas, trees or other property, Pets may not become a nuisance thro ugh such actions as excessive or unreasonable barking .
3. 3. Please be considerate !! Dogs must be on a leash at , all times when out of doors. Pets that attack other pets or residents are prohibited .
4. 4. It is the pet owner ’s responsibility to pick up after his/ her pet . Animal droppings should be discarded by the pet owners in their own receptacles .
5. Pets are not allowed in the C lubhouse or pool area .
e pet owner ’s responsibility to pick up after his/ her pet . Animal droppings should be discarded by the pet owners in their own receptacles .
5. Pets are not allowed in the C lubhouse or pool area .
6. The n umber of pets is limited to nor more than two (2) dogs and a total of (3) pets per unit/home.
E. LANDSCAPING 1. No tree, shrub, ground coven lawn, or other plant furnished by the LYCA may be removed without the written approval of the Landscape Committee.
2. Hanging flowerpots: ledge -borne pots, decorations, etc., that overhang another resident’s patio or the Common Are a which may be a hazard in case of wind, etc., are not permitted.
3. No plantings by individual owners or residents is permitted in th e Common Area without the written request and written approval of the Landscape Committee unless exempted by the Board of Directors. If approval is granted, the requester is responsible for the maintenance of such plantings to the satisfaction of the Lands cape Committee.
4. Residents shall not make any changes to the irrigation's sprinkler system, including time clocks or sprinkl er heads. Any malfunction should be reported to the Landscape Committee or Management Company.
5. Plants in containers that rest on wo oden surfaces must be elevated above the wooden surface to allow air flow/space beneath them to prevent water damage to the wood. Vio lators will be fined and/or responsible for repair/rep lacement costs.
F. ARCHITECTURAL CHANGES 1. No person sh all install, er ect, attac h, paste , hinge, screw , nail, build , or construct lighting devices, shade , screens, awnings, patio covers, decorat ions, fences, gutters, drain spouts, aerials, antennae, radio,
all, er ect, attac h, paste , hinge, screw , nail, build , or construct lighting devices, shade , screens, awnings, patio covers, decorat ions, fences, gutters, drain spouts, aerials, antennae, radio, or television broadcasting or receiving devices or dishes over 40 inches in diameter, or paint or make any changes, or otherwise a lter whatsoever the str uctural aspects or the exterior of any building or structure or the restr icted Common Areas within the property without a written request and approval from the Architectural Committee and the Board of Directors. Add -ons include, but are not limited to, the entire complex. Such items requiring a pproval are as minor as a door wreath.
(Approval has been given to John Lawrence , LYCA ’s Disaster Communications Officer . This unit was purchased and instal led by the Association.)
2. No signs, name plates, shades: awnings, window guards, or sun screening glass film shall be used except as approved in writing by the Board of Directors . All patio, window or door decorations, clearly visible from outside the unit, shah conform to standar ds set by the Board. For the present, this standard shall be off -white or white . Requests fo r any of the above sha ll be submitted to the Architectural Committee.
3. The Architectural Committee may perform a quarterly inspection of the Community to assure compliance with the standards established in the Rules and Regulations, In stances of noncompliance shaft be referred to the Board of Directors for appropriate action. If, after written notification, the unit owner does not remedy the non -compliance, the Boa rd of Directors may take action to correct the situation, charging the un it owner for the costs including legal fees and related expenses.
the unit owner does not remedy the non -compliance, the Boa rd of Directors may take action to correct the situation, charging the un it owner for the costs including legal fees and related expenses.
4. No changes shall be made until the comp lete Plans and Specifications showing the natu re type, shape, color, size, materials, and location of such changes have been submitted to and approv ed in writing by the Architectural Committee and the Board of Directors.
Note: Requests for insta llation of front screen doors shal l be subject to a written request and written approv al of the Architectural Committee .
G. SWIMMING POOL & SPA RULES All reside nts and their guests are expected to abide by the following rules, Residents are ful ly responsible for the conduct and safety of their guests in the pool and spa area. V iolation of th ese rules may result in a fine and/or loss of pool/spa privileges .
Pool and Spa Hours: (unless otherwise posted) Sunday - Thursday: 8:00 a.m. - 10:00 p.m.
Friday - Saturday: 8:00 a . m.- 11:00 p .m.
No after -hours usa ge is allowed.
NO SMOKING IS ALLOWED IN THE POOL/SPA AREA The use of the pool and spa is expressly limited to r esidents of the Community and their invited guests (limited to no more than 6 per unit) . Guests ma y use the facilities onl y when accom panied by a resident adult host (18 years or older ).
2. House guests on an extended stay are considered members of the ho usehold and may use Community facilities unaccompanied subject to LYCA Rules and Regulations, only if they are 18 years of age . Prior to such guests using pool facilities, t he resident must notify the Pool Committee Chairperson, 3. Children under the age o f 14 are not allowed in the pool area without a resident adult (18 years or
to such guests using pool facilities, t he resident must notify the Pool Committee Chairperson, 3. Children under the age o f 14 are not allowed in the pool area without a resident adult (18 years or older) in attendance. (Orange County Environmental Health Public Pool Safety Regulations,) 4. Children under the age of 14 may use the spa only if accompanied by a resident adult (18 years or older).
5 At no time shall there be any yelling, or loud noise , disturbance, or any other activity creating a nuisance or a dangerous situation such as runnin g or pushing in the pool , pool area, or spa. Audio volume from any source shall be ke pt tow, so as not to disturb others in the pool areal or residents living adjacent to the pool Earphones are suggested .
6. Residents and guests must keep the pool and spa open for use by others . Games such as volleyball, and other activities interfering wi th the use of the pool by others are prohibited.
. Safety must be exercised , always . The buddy system is recommended for all swimmers , at all times .
No one should swim alone, and special care must be taken for the safety of small children .
3, Inflatab le objects for small children are permitted in the pool . Surfboards, Styrofoam floats, large inflatables, or other large objects longer than two (2) feet are not allow ed.
9. Pool furniture and other accessor ies shall not be removed from the pool area.
10. All gates must be closed and latched at all times . Keys should not be left in the latch, and gates are not to be propped open .
11. Climbing over the gate and the fenc es is not permitted. Trespassing and violations will be reported to the police. Violat ion fines may be assessed.
12. Pool keys are not to be duplicated or loaned to a non -resident . Replacement of a lost key
permitted. Trespassing and violations will be reported to the police. Violat ion fines may be assessed.
12. Pool keys are not to be duplicated or loaned to a non -resident . Replacement of a lost key may be purchased for $100.00 from Powerstone Property Management. Each unit in the complex is entitled to one key only.
13. For health rea sons, anyone subject to involuntary natural bodily functions (e.g. infants) is not permitted in the pool or spa without proper, snug fitting leg openings. Persons with communicable health problems that might be transmitted via water are not to use the pool or spa.
14. Pets are not al lowed in the poo l/spa area.
15. Consumption of a lcoholic beverages in the pool or spa Is not allowed for health and safety reasons.
16. No glassware or glass bott les are a llowed in the poo l or pool areas . Unbreakable containers are permitted . Food is allowed in the pool but not in the p ool or spa itself.
17. Upon leaving the pool area, all paper /plastic products, trash, and al l items brought with the poo l users must be removed from the pool area .
18. The BBQ must be cleaned afte r every use .
19. Only persons dressed in customarily acknowledged swimwear are allowed in the pool or spa (no cutoff pants), 20. The shower and bathrooms must be used in a responsible manner, i .e., turning shower/faucets off after each use, keeping areas clean, et c.
21. The Board of Directors of the LYCA reserves the r ight to deny use of the pool, pool area, and spa to anyone at any time.
Pool and Spa Hours: (unless otherwise posted) Sunday — Thursday: 8:00 a.m. - 10:00 p.m.
Friday — Saturday: 8:00 a.m. — 11:00 p.m.
No after -hours usa ge is allowed.
NO SMOKING IS ALLOWED IN POOL/SPA AREA H. CLUBHOUSE AND RECREATIONAL FACILITIES
ursday: 8:00 a.m. - 10:00 p.m.
Friday — Saturday: 8:00 a.m. — 11:00 p.m.
No after -hours usa ge is allowed.
NO SMOKING IS ALLOWED IN POOL/SPA AREA H. CLUBHOUSE AND RECREATIONAL FACILITIES 1.Clubhouse facilities are primarily for educational, social, cultural, and recreational programs.
Such use is for residents and their guests only. Residents shall be subject to, and comply with, all of the Community Restrictions as defined in the CC&R's. The facilities are to be available on a first come, first served basis .
2. Use of the clubhouse shall not be for personal profit, business rel ated activities, directly or indirectly, or personal gain unless specifical ly approved in writing by the Club House Coordinator.
3. Use of the clubhouse does not give requester "exclusive" use of the pool and spa area .
4. Requests for use of the Clubh ouse sha ll be submitted to the Club House Coordinator at least twenty -four (24) hours in advance of the event. Applications, using the current form, must be accompanied by a $200,00 deposit . There is also a $50 non -refundable usage charge.
5. Legal occup ancy limit: 35 persons 6. Open ing/C losing times: 9:00 a.m. - 10:00 p.m.
7. Prior to use, the requestor should check the clubhouse . If not found clean, it is your responsibility to inform the Club House Coordinator prior to use.
8. Alcoholic beverages ca n be brought in and served, provided the consumer is not charged in any way .
9. A resident, age 21 or older, shall be the host for the serving of alcoholic beverages from such service. Under no circumstances shall the Association provide or serve alcohol ic beverages at club house functions.
10. Cleaning the clubhouse is the responsib ility of the requester and must be completed by noon
r no circumstances shall the Association provide or serve alcohol ic beverages at club house functions.
10. Cleaning the clubhouse is the responsib ility of the requester and must be completed by noon of the day following use . Tables and chairs shall be left in the arrangement as they were found.
11. The requester is l iable for any damage to the clubhouse and its appliances. A replacement charge will be levied for broken dishes, coffee servers or missing items, etc., from the $200 deposit or if the cost is over $200, assessed to the owner’s Association account after a hearing with the responsible owner prior to any assessment of damages.
12. If, up on inspection by the Club House Coordinator, it is found that additional cleaning is required, the requester will be notified and given the opportunity to clean the facility. If it is not cleaned within 24 hours following such notice, the LYCA may apply th e deposit to the required cleaning charges.
13. No chairs, tables, or other furniture, appliances, or supplies may be removed from the club house for personal use, 14. Toilets and sinks in the recreational and Common Areas shall not be used for any purpose other than that for which they were constructed . Any damage and /or repair costs resulting from misuse is the responsibility of the unit owner.
CLUBHOUSE AGREEMENT This Agr eement is made between Landmark Yorktown Community Association (Association) and User) a member of the Association who resides at Huntington Beach, CA User has requested the use of the Clubhouse owned by the Association. In consideration of the mutual cove nants contained herein, the parties hereby agree as follows: User has provided a refundable $200 deposit and a nonrefundable $50 usage fee (separate
he Association. In consideration of the mutual cove nants contained herein, the parties hereby agree as follows: User has provided a refundable $200 deposit and a nonrefundable $50 usage fee (separate checks) in advance of a reserved event. The Association hereby grants to User permission to The User understands that Clubhouse rental is for the Clubhouse only. The pool may not be reserved for private partie s. The f ollowing rules are considered to be part of this Agreement: 1. Clubhouse Hours: Events may begin after 9 a.m. and must end by 10 p.m.
2. user must be 21 years of age or older 3. User must be in attendance at the event at al l times.
4. User will monitor alt guests at the event and will be fully responsible for their conduct and safety.
5. Noise will be kept to a minimum so the residents adjacent to the pool are not disturbed . No yelling, loud radios, running, or rowdiness are allowed in the pool area . The pool and spa must be kept open for the use of a ll residents . Upon receipt of a of disturbing other residents, a warning will be given, In the case of a second complaint during the same event, a Board member will order the event shut down and the deposit forfeited .
6. User and guests must obey all pool and spa rules (attached) .
7. Alcoholic beverages will not be served to anyone under 21 years of age. Alcohol ic beverages may not be sold at any time. Al l beverages in the poof area must be in unbrea kable co ntainers.
Alcoholic beverages will not be consumed in the pool or spa.
8. Furniture may not be removed from the Clubhouse building. Pictures and wall ornaments may
oof area must be in unbrea kable co ntainers.
Alcoholic beverages will not be consumed in the pool or spa.
8. Furniture may not be removed from the Clubhouse building. Pictures and wall ornaments may not be taken from the wal ls. Fo lding ta bles and chairs stored in the Clubhouse may be used d irectly outside the Clubhouse and must be returned to storage.
9. User is responsib le for all damage done by his/her guests, both in the Clubhouse and the entire complex.
10. The posted capacity of the C lubhouse shall not be exceeded at any time.
11. The C lubhouse, including the BBQ and bathrooms, must be cleaned and restored to the original state no later than noon of the day fol lowing the event. Cleaning procedures as posted must be comp leted. User’s products a nd all trash resulting from Clubhouse use mus t be removed from the Clubhouse and pool area and disposed of by the user.
12. The Clubhouse keys must be returned to the Clubhouse Coordinator, 13. User is responsible for scheduling an inspection by the Clubhouse Coordinator to determine the cleanliness and undamaged state of the Clubhouse after the event, If in the opinion of the Association , any of the above rules are not followed, the $200 deposit will be forfeited . If any damage exce eds the deposit, add itional expenses be assessed on the User's Assoc iation bill.
Signature hereon denotes agreement with all of the above terms and conditions.
User Signature: 11/24/10 I. RESPONSEBELITIES 1. It is the responsibility of the LYCA Board of Directors to enforce the Community's rules, The Board Is authorized to, and take disciplinary action against any resident and / or owner for any breach of these
he responsibility of the LYCA Board of Directors to enforce the Community's rules, The Board Is authorized to, and take disciplinary action against any resident and / or owner for any breach of these defined rules or regulations. The Board shall determine the response time based on th e violation or type of violation, 2. Owners are responsible for the actions of their renters /lessees and their guests.
3. Each infraction of the Rules and Regulations differs from any other . Therefore, the amount of time allowed to correct such infractions may also vary. Thus, any letter from LYCA and/or the property manager detailing the infraction wilt also indicate the length of time allowed for responding to the request for removing the infraction . For example, an infraction that may be a safety threat may be required to be remedied Immediately. For others, the length of time may be longer.
4. Enforcement procedures may include any or a ll of the following, but not l imited to: a. Written notification of a violation.
b. A fine, not to exceed $50 .00 for the initi al violat ion. The second violation of the same rube will result in a $100 fine , the third violation, $200.00.
c. Repeated infractions may cause the Board to take legal action against the violator, 5. Before any disciplinary action is taken or a fine levied , (other than ongoing architectural or safety violations) an owner shall be entitled to a hearing before the Board of Directions upon personal service or written request, between seven (10) and fourte en (14) calendar days after service or mailing notice of the time and p lace thereof and the nature of the violation. The owner shall have the right to appear at said
st, between seven (10) and fourte en (14) calendar days after service or mailing notice of the time and p lace thereof and the nature of the violation. The owner shall have the right to appear at said hearing in person to present evidence on his/her behalf. The owner may give their authorit y (with written authorization) to the renters / lessees to appear on the owner’s behalf.
6. Decision by the Board of Directors shall be made in 'executive session' by a majority vote of those members present and voting. A quorum of 3 members shall be suffi cient for a vote. Notice of the decision shall be mailed to the resident and/or owner within fifteen (15) days of the decision, 7. Failure to pay any fine within fifteen (15) calendar days after imposition thereof as noted by the date of the notification l etter shall constitute a separate additional vio lation a nd may result in legal action.
8. In addition to the remedies specified, herein, the cited owner shall be liab le for any LYCA attorney fees, court costs and collection costs incurred in enforcing thes e rules and regulations LANDMARK YORKTOWN COMMUNITY ASSOCIATION AMENDMENT TO THE RULES AND REGULATIONS: The Board of Dire ctors has issued the fo llowing resolution to amend the Rules and Regu lations of the Association: WHEREAS , the Board of Directors of file Association have consulted wit h an exper t familiar in the area commonly known es “TOXIC MOLD" and counsel for association to discuss the issue of mold, funguses, mildew and / or other organisms that may adversely affect the pro perty and the health of the individuals who occupy said property.
WHE REAS , the Board of Directors of the Association have been advised that mold, mildew, funguses and /
may adversely affect the pro perty and the health of the individuals who occupy said property.
WHE REAS , the Board of Directors of the Association have been advised that mold, mildew, funguses and / or other organisms have been detected in areas the Asso ciation and plans have been made to erad icate the potential problem.
WHEREAS, the Board of Directors of the Association are concerned that mold , funguses, mildew and / or other organisms may be within an individual unit the homeowner may not be aware of the potential prob lem.
WHEREAS , the Board of Association h as been advised by counsel that real estate agents in the area will ask a poten tial Buyer of Lessee to sign a Toxic M old Disc losure Advisory form. One purpose of t he form is to advise poten tial Buyers and Lessees of the issue of “Toxic Mold" and to suggest that the property be inspected.
The cos ts of any inspections shall be the responsibility of the homeowner.
WHERE AS, the Board of Director of the Associa tion, after due deliberation on issue, believes that it is in the best interest of the Association to require that any homeow ner who has t heir prope rty inspected for any fo rm of Toxic Mold shall provide the Association w ith a copy of the repo rt.
NOW, THEREFORE BE IT RESOLVED, that effective April 20, 2004 , any pr esent owner of a unit with in the Association shall be required to provide the Associ ation wit h, a copy of any reports from a qualified ins pector to determine whether or not there is any presence of any mold, funguses, mildew and / o r other organisms within thei r unit. The report shall be provided to t he Association within five (5) busine ss days of the receipt of repo rt.
is any presence of any mold, funguses, mildew and / o r other organisms within thei r unit. The report shall be provided to t he Association within five (5) busine ss days of the receipt of repo rt.
RESOLVED FURTHER, that the eradi cation of the mad, funguses mildew and / or other organisms shell be the responsibility of the homeowner , unless the m old, funguses, mildew and / or other organisms is found in a common are a.
RESOLVED FURTHER, t hat a copy of t his Amendment to the Rules and R egulations shall be February 12, 1998 Landmark Yorktown Community Statement of Policy Regarding Repairs to Structural and Incidental Damage Policy: The Landmark Yorktown Commun ity Association (hereafter referred to as the Association ) responsible for maintaining the 68 individual condominium units that constitute the Landmark Yorktown c ommunit y from the outside surface o f those dwellings , up to but not including the coverings of the wal ls, ceilings and floors of those units. Therefore, the Asso ciation shall: 1. Pay the cost o f repairs that part of the unit that i s the responsibility of the Association for damage or structural failure caused by acts of nature, normal wear and tear, and not resulting from the negligence or willful acts of the owner or leg itimate tenants of the property. Where the owner ho applicable insuran ce coverage in fo rce, those benefits wil l with coverage provided through the regulations and the terms of all app licable policies. Where, in the opinion or the Associ ation's Board of Directors, damage ha s resulted from willful acts or neglige nce1 the Board of Directors will take any remedies available to them in law to collect the cost of resulting damage from any an d all responsible parties.
e ha s resulted from willful acts or neglige nce1 the Board of Directors will take any remedies available to them in law to collect the cost of resulting damage from any an d all responsible parties.
2. Pay not more that the costs to restore paint , floo ring and ceiling coverings that results from damage to or failure of the structure described in # 1 above, to a condition that is substantially equivalent to the original conditio n of a standard unit, not including any sub sequent upgrade s2. The Association will not pay for such re storation where, in the opinion of the Association the damage i s from chronic conditions that the units’ residen ts should have observed and repor ted to th e Association to avoid long term damage. In addition, the Association will only pay for res toring the damaged wall , ceiling or floor covering s. In no instance will the Association pay for additional walls or rooms.
3. Instead of the Association making such re pairs, the homeowner may elect to have the Asso ciatio n provide them with a cheek for the amount that would have been paid to a licensed contractor , so that the homeowner make or have made upgraded repairs.
The form and content of structural and exterior r epairs, and their finished appea rance at the sole discretion of the Association. Restoration to "Original Condition" is a lso at the Association, b ased on descriptions and other information contained in the Association’s files.
1 Negligence is taken to include failure to report progressive or recurrent problems that if not repaired will result in greater or more costly damage. This includes problems with the unit that are known or are sufficiently obvious that they should be by the owner or tenant .
roblems that if not repaired will result in greater or more costly damage. This includes problems with the unit that are known or are sufficiently obvious that they should be by the owner or tenant .
2 For example, the Asso ciation will not pay for wallpaper, hardwood skylights, ceramic tile in areas where it was not originally present , etc.
The Association is specifically not responsible for heating furnaces, air conditioning units, hot water heaters, buil t-in or free-standing appliances, garage door openers, or any plumbing or electrical wiring not contained in exterior walls or concrete sla bs.
Dear Homeowner: Over the past several months, some requests received by the Board of Directors of the Landmark Yorktown Homeowners Association have shown that some homeowners misunderstand where the Association’s responsibilities end, and the individ ual homeowners begins.
As the Board of Directors has stated previously through the Association Newsletter, it is our responsibility to balance responsiveness to the problems of individual homeowners, with fiscal responsibility to all homeowners. All this must take place within the standards of the CC&Rs.
The Board passed the enclosed policy at our regular monthly meetin g on February 12, 1998.
The policy’s purpose is to clarify the Association’s responsibilities, and what we can and cannot do when there is a problem with an individual unit.
We ask the homeowners to review the policy in detail, and we invite your question s or comments. You may address these in writing to the Board or Directors, in care of Alan Ford at Chambers Property Service (address below ) and we will respond in like manner . If you would like to meet with the Board to discuss the policy, please call Ala n or any of the Board members
an Ford at Chambers Property Service (address below ) and we will respond in like manner . If you would like to meet with the Board to discuss the policy, please call Ala n or any of the Board members to place the item on the agenda for the next meeting.
Sincerely, The Board of Directors Landmark Yorktown Community Association Association Obligations Repairs to a unit ’s structure, such as slab cracks and/or leaks , or crack s to a wall will paid for by the Association to restore to original or upgraded condition , whichever is less costly. The owner may choose to make the more expensive repair, but the owner will be required to pay the differen ce1.
Exampl es include: • A floor originally had a specific grade of vinyl and t he unit owner decided to subsequently install ceramic in its place. A crack in the concrete slab does not obligate the Association to replace the entire tile floor. The Association will pay for replacement of the broken tiles (if available) or laying of a vinyl floor equivalent to the original whichever i s least expensive .
• An owner has a mirror placed on a wall . Due to settling the underlying wall cracks, and with it the mirror . The Associati on is obligated to repair the crack in the wall and paint or wallp aper it to original . They are not obligated to replace the mirror . If only the mirror cracks and not the wall, the is obligated to no repairs at all .
1 Costs will be determined by competit ive bids from at least three vendors, at least one of whom was selected by the Association.
LANDMARK YORKTOWN COMMUNITY ASSOCIATION Huntington Beach, CA 92646 A copy of the Rules and Regulations Regarding Water Damage Repairs adopted at the
whom was selected by the Association.
LANDMARK YORKTOWN COMMUNITY ASSOCIATION Huntington Beach, CA 92646 A copy of the Rules and Regulations Regarding Water Damage Repairs adopted at the September 21 , 2017, Board meeting is enclosed. Please keep them with your copy of the CC&Rs and Bylaws. and if your home is being leased, please provide a copy to your tenants.
The Association's lawyer attended the Board meeting and answered homeowners' questions regar ding these Rules before they were adopted, He explained that these Rules were prepared for severa l reasons, including : 1. To remind homeowners of their responsibility to report common area water or sewer teaks promp tly when they are noticed, so that the ca use of the teak can be located and stopped before their homes, or a neighbor ’s home, suffer damage unnecessarily. Owners who are leasing their homes should likewise remind their tenants to notify the homeowner promptly of any suspected common area water or sewer leak .
2. To remind homeowners that they have a responsibility to promptly repair leaks for which they are responsible (for example, leaking ice maker lines, leaking pipes under a sink, leaking toilet supply lines and the like), so as not to cause st ructural damage to the building, or interior damage within a neighbor's home; 3. To remind homeowners that they have a contractua l responsibility under the CC&Rs to allow the Association and its vendors into the home to investigate leaks and to make repair s.
For example, if a leak is observed in a home, but access is needed from the neighboring home to fix the leak, both owners must provide access so that the required repairs can be made.
Homeowners whose home is vacant for extended periods of time should p rovide an
ded from the neighboring home to fix the leak, both owners must provide access so that the required repairs can be made.
Homeowners whose home is vacant for extended periods of time should p rovide an "emergency contact name and number" to the management company so that management can make arrangements for access if needed; and 4. To remind homeowners that if an owner's failure or refusal to abide by the CC&Rs or if a tenants failure or refusa l to communicate with the owner, causes additiona l expenses to the Association, the CC&Rs provide a remedy for the Association to obtain reimbursement from the owner and/or the owner's insurance company if warranted by the facts and circumstances presented .
Because our pipes are getting older, the cost of repairing water damage has increased substantially over the past several years. Please help to limit these expenses by promptly reporting water damage as soon as you see it, and by cooperating with the Ass ociation, its vendors, and your neighbors in their efforts to locate and to repair leaks as efficiently and as economically as possible, Homeowners who are teasing their homes are also responsible for ensuring that their tenants report leaks promptly to th e homeowner.
949/716 -3999 LANDMARK YORKTOWN COMMUNITY ASSOCIATION RULES AND REGULATIONS REGARDING WATER DAMAGE REPAIRS Adopted September 21. 2017 These Rules and Regulations Regarding Water Damage Repairs have been adopted by the Board of Directors pursuant to Section 5.02(j) of the CC&Rs. All footnotes refer to relevant Sections of the Association's CC&Rs. Terms with an initial capital letter are def ined in Article I of the CC&Rs.
Directors pursuant to Section 5.02(j) of the CC&Rs. All footnotes refer to relevant Sections of the Association's CC&Rs. Terms with an initial capital letter are def ined in Article I of the CC&Rs.
1. Notification of Water Leaks . Each Owner has a duty to notify the Association's management company as soon as the Owner becomes aware of a water or sewage leak originating in a Common Area component , such as a roo f leak , a common line sewa ge or drain blockage, a slab leak , or the like, that may be causing damage to the Owner's Unit.1 Owners who lease their Unit are responsible to ensure their tenants report Common Area water or sewage intrusion problems immediately to the Owner and to the Association.2 Throughout the remainder of these Rules and Regulations, the term "water" includes both water and se wage.
2. Association Vendors . Upon being notified of a n intrusion issue suspected of originating in a Common Area c omponent . the Association will arrange for a roofing contractor. plumber, or other qualified contractor to investigate the issue and determine whether a Common Area component or an Owner responsibility item is the source of the water intrusion. The Association may also, depending upon the nature and extent of the water intrusion , arrange for removal of water and water damaged materials , mold testing and/or mold abatement services. Commencement and/or completion of any of these service s does not prevent the Asso ciation from seeking reimbursement for any or all of the costs incurred from the Owner or any other person or entity at a later date.
3. Duty to Provide Access . The Owner shall allow the Associati on’s vendors into the Own ers Unit and/or Restricted Com munity Area (referred to collectively as the "Unit") , as applicable to perform
Duty to Provide Access . The Owner shall allow the Associati on’s vendors into the Own ers Unit and/or Restricted Com munity Area (referred to collectively as the "Unit") , as applicable to perform their services .3 Owners who lease their Unit are responsible to ensure their tenants provide access.4 Except in the case of an emergency , access shall b e provided upon reasonable advance notice, which in most cases will be from twenty -four (24) to seventy -two (72) hours .5 In the case of an emergency originating in or threatening a Unit (runnin g water, gas leak , overflowin g sewa ge or the like), the Asso ciation's vendors shall hav e an immediate right of access whether the Owner is present or not, as provided for within the CC&Rs.6 4. Increased Costs Resulting from Failure to Notify . If an Owner's failure, or a tenant's failure (or any other person for which Owner is responsible) t o timely notify the Association of a Common Area issue affecting the Owner's Unit results in increased costs to the Association, the Association may levy an Extraordinary Assessment against the Owner for such increased costs, after providing the Owner not ice and an opportunity for a hearing.7 1 Section 2.17 6 Section 5.04 2Section 2.10 7 Section 2.15, Section 5.02 (g), Section 6.01 (c) 3 Section 5.04 4 Section 2.10 5 Section 5.04 5. Increased Costs Resulting fro m Failure to Provide Access . If an Owner’s failure, or a tenant's failure (or any other person for which Owner is responsible) to provide access to the Unit in accordance With these Rules and Regulations results in increased costs to the Association, the Association may levy an Extraordinary Assessment against the Owner for such increased costs. after
nit in accordance With these Rules and Regulations results in increased costs to the Association, the Association may levy an Extraordinary Assessment against the Owner for such increased costs. after providing the Owner notice and an opport unity for a hearing.8 6. Dama ge to Common Area Caused by Owner . If the source of the water intrusion is from damage t o a Common Area component caused by the O wner, the O wner's tenant any other person for which the Owner is responsible, the O wner shall be responsible for repairing such damage in a timely manner, including mold removal .9 In the event Association does not receive evidence satisfactory to the Board of Directors that such repairs have been accomplished by the O wner, the Association or its dele gates shall have the right at reasonable times to enter the Unit to effect such repairs as provided for in these Rules and Regulations, and the Association may levy an Extraordinary Assessment against the Owner for the costs incurred by the Association, af ter providing the Owner notice and an opportunity for a hearing .10 7. Damage from Owner Maintenance Item . If the sour ce of the water intrusion is an owner maintenance item, the Owner shall be responsible for repairing all resulting da mage in a time ly manner , including mold1 removal.11 In the event Association does not receive evidence satisfactory to the Board of Direct ors that such repairs have been accomplished by the Owner. the Association or its delegates shall have the right at reaso nable times to enter the Unit to effect such repairs as provided for in these Rules and Regulations, and the Association may levy an Ex traordinary Assessment against the Owner for the costs incurred by the
times to enter the Unit to effect such repairs as provided for in these Rules and Regulations, and the Association may levy an Ex traordinary Assessment against the Owner for the costs incurred by the Association, after providing the O wner notice and an opportunity for a hearing.12 8. Deductible . The Owner of the Unit shall be financially responsible for the deductible portion of the Association's property da mage insurance if: l) the source of the water intrusion is an Owner maintenance item; or 2) th e dama ge was caused by the Owner or by any occupant or guest of the Owner’s Unit.13 9. Enforcement , Violations of these Rules and Regu lations may result in the levy of Extraordinary Assessments as provided above, the of monetary penalties in accordance with the Association's fine schedule. and/or the commencement of legal action as provided for within Sections 2 .10 and 2.16. and Article XII of the CC&Rs. In the event of legal action. reimbursement of the Association's attorney's fees, and court costs will be sought from the Owner as provided for within Article XII of the CC&Rs and California Civil Code Section 5975.
8 Section 2.15 , Section 5.02(g), Section 6.01(c) 9 Section 2.15, Section 5 .02(g), Section 5.07 10 Section 2.15, Section 5.02(g), Section 5.07, Section 6.01( c) 11Section 2.17: Section 5 .02(g,), Section 5.07 12 Section 2.17; Section 5.02(g), Section 5.07. Section 6.01(c) 13 Section 2.17, Section 5.02(g), Section 5.07 LANDMARK YORKTOWN COMMUNITY ASSOCIATION MAINTENANCE AND REPAIR RESPONSIBILITY MATRIX The following Maintenance and Repair Responsibility Matrix provides a general summary of the maintenance and repair respon sibilities of the Association and the Owners with respect to identified components or areas, based upon
and Repair Responsibility Matrix provides a general summary of the maintenance and repair respon sibilities of the Association and the Owners with respect to identified components or areas, based upon the Association's Declaration of Covenants, Conditions and Restrictions (the "CC&Rs") and the California Civil Code. This Matrix is not intended to be a n exhaustive list of all Association or Owner maintenance obligations; it is intended to supplement relev ant provisions of the CC&Rs. Designation of a component or item as the Owner's responsibility to maintain, repair and/or replace does not authorize an Owner to perform work or make Improvements for which Architectural Committee / Association approval and/o r a building, plumbing, electrical or other governmental permit is otherwise required without first obtaining such approval and/or permit. Terms beginn ing with an initial capital letter (for example, Common Area, Unit) have the same definitions as given in Article J of the CC&Rs.
Except as otherwise specifically provided in the CC&Rs or by applicable law, the Association is generally responsible for main taining, repairing and replacing Common Area components, and Owners are generally responsible for maintai ning, repairing, and replacing their Units and the ground/floor surfaces of their Restricted Common Area (private) Patios and Decks. Patios are on the ground floor and Decks are on the upper floor(s); the extent of an Owner's responsibility for the surface of the Owner's Deck appears on the second page of the Matrix. If an Owner or Owner's invitees causes damage to any areas which are otherwise the oblig ation of the Association to maintain, the Owner is responsible for reimbursing the Association for all co sts of repairing such damage and the
causes damage to any areas which are otherwise the oblig ation of the Association to maintain, the Owner is responsible for reimbursing the Association for all co sts of repairing such damage and the Association may levy a special assessment to obtain reimbursement if the costs are not paid voluntarily. (See CC& Rs, Art. Il, p. 15 and Article V, 55.02(g)).
Although the Association carries a "blanket" property insurance policy for the condominium project, homeowners are responsible for buying their own property insurance to cover their own needs.
Please provide a c opy of Article V, 55.02(b) of the CC&Rs (pages A 12 to A 14) to your insurance agent. The association's policies of insurance may not cover your property, including personal property or real property improvements to or around your dwelling, or personal inj uries or other losses that occur within or around your dwelling. The Association's insuran ce also does not cover hotel expenses or "loss of use" or "loss of rent" expenses should it become necessary to temporarily move out of a Unit for repairs. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any de ductible that applies under the Association's insurance policy, and that deductible may be covered under your individual policy. Association members should consult with their individual insurance broker or agent for appropriate additional coverage.
Final O ctober 23, 2017 Item Owner HOA Authority/Notes/Comments UNIT INTERIOR GENERALL Appliances. whether built -in or free -standing x CC&Rs, Art. II, § 2.17 Cabinet s x CC&Rs, Art. 11, § 2.17 Item Owner HOA Authori ty/Note s/Comments Clothes Dryer Vent (keeping free of debris and/or removal of water/moisture from an y
&Rs, Art. II, § 2.17 Cabinet s x CC&Rs, Art. 11, § 2.17 Item Owner HOA Authori ty/Note s/Comments Clothes Dryer Vent (keeping free of debris and/or removal of water/moisture from an y source x CC&Rs, Art. 11, p. 17 Doorbells x CC&Rs, Art. 11, 2.17 Wall and ceiling paint, paper til e, etc. x CC&Rs Art. 11, 2 17 Baseboards and door/window moldin gs and trim x CC&Rs, Art. 11 2.17 Floor Coverin gs x CC&Rs, Art. 11, 2.17 Slabs x CC&Rs, 4.01 Lighting Fixtures — Interior x CC&Rs, Art. 11, 2.17 Interior doors and hardware x CC&Rs , Art. Il, 2.17 Entry Doors — Maintenance of the interior of the doors enclosing an Owner’s Unit x CC&Rs, Art, 11, {2.17 Windows enclosin g Unit— x CC&Rs, Art. Il, 2.17 Bathtubs, shower stalls, sinks, and toilets x CC&Rs, Art. Il, 2.17, Civil Code 477 5 a Faucets, fixtures, garbage disposal, built -in appliances, etc.
inside Unit x CC&Rs, Art. 11, 52.17 Shower Pan x CC&Rs, Art - 11, Fireplace and firebox, includin g cleanin g, swee ping of chimne y x CC&Rs, Art. 11, Hot Water Heater x CC&Rs, Art. 11 , 2.17 Furnace / Heaters x CC&Rs, Art. 11, 2.17 Ducts x CC&Rs, Art. Il, 2. IT Civil Code 4775 a EXTERIOR Buildin g Exteriors x CC&Rs Art. 4.01 Vehicular Gara ge Door x CC&Rs, Art. 4.01 Draina ge system servin g or within Common Area x CC&R s, Art. 4.01 Rain gutters and downs spouts (cleaning and repair/replaceme nt) x CC&Rs, Art. IV, 4.01 Roofs x CC&Rs, Art. IV, 4.01 Sidewalks x CC&Rs, Art. IV, 4.01 Streets / Parkin Areas x CC&Rs Art. IV 4.01 PEST CONTROL Ants and other insects — within Unit interior or within Patio or Deck x CC&Rs, Art. 11, 52.17 Ants and other insects —Common Areas x CC&Rs, Art. 4.01 Birds/Nests on buildin g exterior x CC&Rs, Art. 4.01
ther insects — within Unit interior or within Patio or Deck x CC&Rs, Art. 11, 52.17 Ants and other insects —Common Areas x CC&Rs, Art. 4.01 Birds/Nests on buildin g exterior x CC&Rs, Art. 4.01 Bee/Was Hives — exterior or within walls x CC&Rs Art. 4.01 Rodents or other pests within Unit x CC&Rs Art.
11, 2.17 Rodents or other pests — exterior x CC&Rs, Art. 4.01 Item Owner HOA Authori ty/Note s/Comments Entry Doors — Painting of exterior of doors on exterior boundaries of Unit, including exterior trim; threshold maintenance/re air x CC&Rs, Art. IV, 54.01 Irrigation / S prinkler s ystem servin g Common Area x CC&Rs, Art. IV, 4.01 Irrigation / S prinkler S ystem within Patio area x CC&Rs, Art. Il, 2.17 Patios/Balcony Decks (keep floor surface of Patio/Deck clean and free of debris x CC&Rs, Art. 11, 52.17 Balcony Decks - Periodic painting and repai r of wood plank decks and periodic resealing and repair of membrane covered decks x CC&Rs, Art. IV, 54.01 Balcon y Decks -Structural re airs, railings, and posts x CC&Rs, Art. IV, 4.01 Lighting fixtures within Decks, Porches and Patios on switches contro lled b y Owner x CC&Rs, Art. 11, 52.17 Landsca pe in in Common Area s (not Patios ) x CC&Rs, Art. IV, 4.01 Landsca pe in Patio x CC&Rs, Art. 11, 2.17 Pet Waste — clean -up x CC&Rs Art. 11 2.05 Item Owner HOA Authori ty/ Notes/Comments Exterior Termites x CC&Rs Art. 4.01 Repair of termite dama ge to structure x CC&Rs, 4.01 Repair of termite damage to Unit interior and cabinets, furniture, etc. , within Unit x CC&Rs, Art. I I, p. 17 Relocation costs due to termite treatment or re air x Civil Code 4775 c UTILITIES/WIRING/PLUMBING Electric switches and receptacles outlets within Unit x CC&Rs, Art. V II 2.17
CC&Rs, Art. I I, p. 17 Relocation costs due to termite treatment or re air x Civil Code 4775 c UTILITIES/WIRING/PLUMBING Electric switches and receptacles outlets within Unit x CC&Rs, Art. V II 2.17 Electrical receptacles (outlets) on building exterior in deck/ patio/ airs ace x CC&Rs, Art. 11, p. 17 Electrical wiring in Common Area, including Common Area portions of the Buildin g x CC&Rs, Art. IV 54.01 Gas lines and valves within Unit airspace (including flexible gas lines for ovens, d ryers etc.) x CC&Rs, Art. 11, p. 17 Gas lines and valves in Common Area, including Common Area portions of the Buildin g x CC&Rs, Art. IV 54.01 Plumbing within Unit airspace (including drains and drain lines, su pply lines, a ngle stop washin g machine hoses icemaker etc. x CC&Rs, Art. 11, p.17 Plumbing pipes in Common Area, including Common Area portions of the Buildin g x CC&Rs, Art, IV 54,01 Sewer Pi pes x CC&Rs, Art. IV, 4.01 Telephone wirin g exclusivel y servin g Unit x Civil Code 4145 c Toilet wax rin gs x CC&Rs, Art. 11, 2.17 The phrase "Common Area portions of the Building" as used in this section of the Matrix regarding Utilities, Wiring and Plumbing includes the area behind all interior walls, above all interior ceili ngs, and below all interior floors. This is because the de finition of the term Unit expressly excludes all pipes and wires wherever located, except for the outlets thereof when inside the air space of the Unit. Thus, the portion of a pipe that is inside a wall is a Common Area component, but the portion of a pipe that sticks out of the wall and into the Unit air space is a Unit component.
Final October 23, 2017