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Harlan Ranch Community Association

INFORMATION HANDBOOK

HARLAN RANCH COMMUNITY ASSOCIATION

Harlan Ranch Information Handbook 12/04/06

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Table of Contents I. GENERAL INFORMATION...................................................................................3

A. CONTACT INFORMATION...........................................................................................3 B. ASSOCIATION MEETINGS...........................................................................................3 C. FINANCIAL .....................................................................................................................4 D. INSURANCE INFORMATION.......................................................................................5

II. RULES, REGULATIONS AND RESTRICTIONS..............................................6 III. ARCHITECTURAL GUIDELINES .....................................................................8

A. COMMITTEE REVIEW..................................................................................................8 B. IMPROVEMENTS REQUIRING ARCHITECTURAL APPROVAL ...........................8 C. APPLICATION PROCEDURE .......................................................................................9 D. QUESTIONS.....................................................................................................................10

IV. MISCELLANEOUS PROCEDURES..................................................................11 A. PROCEDURE FOR OWNER HEARING.......................................................................11 B. FIRE EMERGENCY PROCEDURES.............................................................................12 C. EARTHQUAKE PREPAREDNESS GUIDE ..................................................................13

APPENDIX A: RULES, REGULATIONS AND RESTRICTIONS.........................15 APPENDIX B: ARCHITECTUAL GUIDELINES ...................................................22 APPENDIX C: FORMS .............................................................................................26 ARCHITECTUAL APPLICATION ......................................................................................27 APPENDIX D: ELECTION PROCEDURES............................................................28



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WELCOME TO YOUR NEW HOME!

This information handbook has been compiled by your Association to outline the operational procedures of the Harlan Ranch Community Association (the “Association”) and to provide other information about your Association's facilities. The purpose of your Association is to maintain, protect and enhance the Harlan Ranch Community (the “Community”), while making your community a pleasant experience for everyone. The Association concept is an ingenious device for engaging able people to manage the Association’s assets.

Each Homeowner should have received a copy of the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”), Bylaws, and Articles of Incorporation for Harlan Ranch Community Association. These governing documents along with the Rules and Regulations and Architectural Guidelines set forth at the end of this Information Handbook (collectively “Governing Documents”) are periodically updated and distributed by your Board of Directors (the “Board”). Any defined terms used in this Information Handbook shall, unless the context otherwise requires, have the same meaning as set forth in the CC&Rs.

PLEASE READ THIS INFORMATION HANDBOOK CAREFULLY. If there are any questions or if you do not have copies of the Governing Documents, please contact the Management Company.

HARLAN RANCH COMMUNITY ASSOCIATION c/o The Helsing Group, Inc.

2000 Crow Canyon Place, Suite 380 San Ramon, CA 94583

(800)443-5746 Business (925)355-9600 Fax



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I. GENERAL INFORMATION

Your cooperation is essential in order to maintain, protect and enhance the Community. Common sense and consideration for your neighbors are the keys to success.

Each Homeowner is a member of the HARLAN RANCH COMMUNITY ASSOCIATION. Homeowner participation in the Association is both necessary and encouraged. Association responsibility, cooperation and action have many rewards, including an enhanced quality of living in the community. The Association is governed by the Board, which meets regularly to make decisions pertaining to Association matters.

Common facilities incorporate all space within the Community not designated as an individual Residential Lot, and include such areas as landscaping, walkways, and private drives. The responsibility of the Board is to maintain, protect and enhance all common facilities and Association Property.

A. CONTACT INFORMATION

1. Non-emergency items or questions - Write us at:

Harlan Ranch Community Association c/o The Helsing Group, Inc. 2000 Crow Canyon Place, Suite 380 San Ramon, CA 94583 (800) 443-5746 Business (925) 355-9600 Fax Website: www.helsing.com

2. Emergency common area property repairs - Call our Management Company:

The Helsing Group at 800-443-5746 (that’s 800-4Helsing) Regular office hours are 9:00 a.m. - 5:00 p.m., Monday – Friday. Emergency calls are taken 24 hours per day.

3. In the event of an injury, accident, or crime in progress, dial 911 for immediate assistance.

B. ASSOCIATION MEETINGS

ANNUAL MEETINGS

The first annual meeting of Members of the Association shall be held no later than six (6) months after the closing of the sale of the first Residential Lot within the Community. Subsequent annual meetings will be held at least once each calendar year thereafter.



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Elections of Directors, as well as other elections that require a vote of the Association, will be conducted by secret written ballot after July 1, 2006. Please see Appendix C: Election Procedures for a complete description of the Association’s procedures for conducting these elections.

BOARD MEETINGS

Meetings of the Board are held on a regular basis, as business warrants, normally every three (3) months. A “Homeowners’ Forum” for Owners to speak will be held during each Board meeting.

Notice of the date, time and location of all meetings of the Board will be mailed to each owner of record in the Community and Owners are encouraged to attend. With the exception of Executive Sessions, Regular and Special Meetings of the Board are open for observation to all Owners. Owners who are not on the Board may not participate in any discussion unless so authorized by a majority of a quorum of the Board. Owners may request that the Board address a specific topic at their next meeting by submitting a letter to the Board requesting their item of discussion be placed on the agenda. The nature of all business to be considered in Executive Session shall first be announced in open session.

C. FINANCIAL

REVIEWS

Financial reviews are prepared at the end of each fiscal year and are mailed to the Owners of record upon completion.

MONTHLY ASSESSMENTS

The Association sends the monthly assessment reminder statements on or around the first day of every month for the following month. Monthly assessments are due on the first of each month and become delinquent after the fifteenth day of the month. If your monthly assessment payment is received after the fifteenth day, you will be assessed a late charge established by the Board. Failure to receive a reminder statement does not relieve Owners of the obligation to pay assessments on time.

The obligation to pay assessments runs with the land, and is shared by all Owners in the Community. Your assessments pay for the vital services required to keep your Association operating. To see a list of these services and their estimated costs, please refer to the Association’s pro-forma budget.



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D. INSURANCE INFORMATION

Harlan Ranch Community Association carries both General Liability Insurance and Directors and Officers Errors & Omissions Insurance in the amounts required to afford protection to the individual Owners in accordance with California Civil Code, Section 1365.9. The Association has purchased a comprehensive general liability insurance policy covering the Association Property. This coverage will be reviewed and renewed annually.

A summary disclosure of property and general liability insurance (and improvement and maintenance, if carried) is provided each year by the Association to each owner, pursuant to California Civil Code, Section 1365(e). Look for this disclosure at the time the budget and other information is mailed. Please be aware that the Association’s insurance contains a substantial deductible.

For purposes of understanding what coverage is provided by the Association versus what coverage should be provided by the individual Homeowner, please be aware of the provisions in the CC&Rs regarding insurance to be purchased by the Association and by individual Owners. The Association has the responsibility to provide insurance for the common area, which generally does NOT cover damage to the separate interest. Each Homeowner should consult with their individual insurance agent about the purchase of appropriate homeowner’s insurance. For further information regarding the Association’s insurance, please contact the insurance agent for the Association:

The contact for Harlan Ranch Insurance is DiBuduo & DeFendis Insurance Brokers, LLC

6873 North West Avenue, Suite 101 Fresno, CA 93755-5479

Chris Gutilla

(559) 437-6570

Theo Phillips (559) 432-0222



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II. RULES, REGULATIONS AND RESTRICTIONS

INTRODUCTION

The Rules, Regulations and Restrictions for the Community appear at the end of this Information Handbook as “Appendix A.” This information is issued by the Board, as authorized by the Governing Documents of the Association. This is a supplement to the CC&Rs and Bylaws. In the event of any conflict between the Rules and Regulations contained herein and the aforementioned documents, the provisions of the CC&Rs and Bylaws shall prevail. PLEASE READ THE CC&Rs AND BYLAWS AS WELL AS THE RULES AND REGULATIONS.

The Rules and Regulations are intended as a guide to the conduct and activities of all Owners, tenants, residents and guests. Each resident living within the Community and using the facilities is entitled to maximum pleasure without annoyance or interference from others.

The Community falls under the jurisdiction of the City of Clovis, County of Fresno and the State of California. All city, county, state and federal ordinances and codes apply. Each Residential Lot shall be used for residential purposes only. Except to the extent expressly permitted by the CC&Rs, conducting a business of any kind within the Community is forbidden.

CHANGES IN RULES AND REGULATIONS

The Board may, in accordance with the Bylaws, alter, amend, revoke or add to these Rules and Regulations for the preservation of safety and order within the Community, for its care and cleanliness, and for the protection of the Community’s reputation. When notice of any such alteration, amendment, revocation or addition is given to any Homeowner, it shall have the same force and effect as if originally made a part of the Rules and Regulations. Owners, including absentee Owners, are responsible for ensuring that tenants, residents and guests abide by these Rules and Regulations.

ENFORCEMENT PROCEDURE

All Owners, tenants, residents and guests are required to abide by these Rules and Regulations. The Management Company, acting on behalf of the Association, has been instructed by the Board to require the compliance of persons within the Community with the provisions of the Rules and Regulations, Architectural Guidelines, CC&Rs, and Bylaws. Anyone refusing to do so may face corrective action decided by the Board.

Homeowners may report apparent violations in writing to the Management Company. Once a Homeowner gives the Board a written complaint that a rule has been violated, the Board will investigate the allegations and may take action against the offending Homeowner or resident, including, but not limited to, specially assessing, if appropriate, or instituting legal action.



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If there is a violation, the Management Company has been instructed to do the following:

1. Obtain names and addresses of violator(s) and send a written notice of the violation. An appropriate amount of time will be given to correct the violation.

2. Track the violation, and if not corrected in the time allotted, send a Final Notice. (Note: At the discretion of the managing agent and/or the Board, this step may be skipped in order to expedite the enforcement process.)

3. If the violation is still not corrected, refer the offender(s) to a hearing with the Board of Directors.

If the violation is not corrected after the hearing takes place, the matter will be referred to the Association’s attorney. In some cases, if management deems appropriate, the matter may be referred to legal counsel prior to a hearing with the Board. For failure to correct the violation, the Homeowner could be subject to a fine, special assessment, and/or repayment of all expenses incurred by the Association to correct the situation, including attorneys’ fees. Prior to the imposition of any fine or suspension of rights, however, the Homeowner shall be given notice and an opportunity to appear in person (or submit an explanation in writing) before the Board or appropriate committee. Depending on the severity and frequency of the violation and violator, the choice of the enforcement procedure(s) and/or the enforcement remedy utilized may vary.

THE BOARD OF DIRECTORS SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE RULES AND REGULATIONS, INCLUDING THE COLLECTION OF LEGAL FEES FOR ENFORCEMENT OF VIOLATION OF THESE RULES AND REGULATIONS. ANY PRIOR LACK OF ENFORCEMENT OF THESE RULES BY THE BOARD SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT TO ENFORCE SUCH RULES IN THE FUTURE. ONLY THE BOARD OF DIRECTORS CAN RESCIND LEGAL FEES OR DIRECT THAT LEGAL FEES NOT BE IMPOSED.

Please read the Rules and Regulations carefully. If you unknowingly break any rule, and the Management Company or Board brings it to your attention, please respect their wishes, as they are acting on behalf of the Association. Please contact the Management Company if you have any further questions.



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III. ARCHITECTURAL GUIDELINES

INTRODUCTION

One of the most important functions of the Association is the preservation of the architectural character of the planned development in order to enhance the desirability and attractiveness of the entire Community. The Association has established the Architectural Guidelines to enforce procedural guidelines and rules for reviewing proposed improvements. The Architectural Guidelines outline principles for design, standards and procedures, and timelines for review, including architectural restrictions on any changes or Improvements that you might want to make to your Residential Lot. These Architectural Guidelines are not intended to restrict individual creativity or personal preference, but rather to assure and preserve the value, desirability, attractiveness and architectural integrity of the Harlan Ranch Community. We recommend and encourage that the Architectural Guidelines are carefully reviewed and considered before making any Improvements to your Residential Lot. The Architectural Guidelines appear at the end of this document as “Appendix B.”

A. COMMITTEE REVIEW

The Board or the Architectural Committee, if appointed, strives to preserve the highest standard and quality of life for each Homeowner within the Harlan Ranch Community. The Board or the Architectural Committee is charged with the responsibility to review and approve proposed exterior and interior modifications or additions to a Residential Lot in the Community. The Committee is not responsible for approving the means and methods of construction. This is the sole responsibility of the individual Owner. In many cases the Homeowner makes his/her designer and/or installing contractor responsible for the requirements of these Architectural Guidelines and the CC&Rs. The relationship, agreements and contracts between the Owner’s designer and/or installer is strictly between those parties. It is the responsibility of each Homeowner to satisfy the requirements of the CC&Rs and these Architectural Guidelines.

The Board, at any time, may elect to delegate its architectural review and approval rights to an Architectural Committee. The Board or the Architectural Committee has the right to hire any engineer or other consultant, the opinion of which the Board or Committee deems necessary in connection with its review of any plans submitted by any Homeowner. The term Architectural Committee, or Committee, as used throughout the remainder of this document, shall refer to the Board if an Architectural Committee has not yet been appointed.

B. IMPROVEMENTS REQUIRING ARCHITECTURAL APPROVAL

You must have the approval of the Board or the Architectural Committee before beginning any construction, or making any modification to your Lot or the exterior of your home. Even if your proposed work falls within the Architectural Guidelines described in Appendix B of this document, you still must obtain written approval from the Committee before beginning work. Failure to obtain the approval of the Architectural Committee may constitute a violation of the CC&Rs and shall require



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modification or removal of existing work or improvements at your own expense. In some cases, the local government may require a building permit. The approval of the Architectural Committee does not assume any responsibility for approval by government agencies, or for the structural engineering of the application.

C. APPLICATION PROCEDURE

Submittal: Before you begin any work on your Lot, you must submit an application to the Architectural Committee for approval. The Committee will endeavor to review and respond to all plan submittals within forty-five (45) days after receipt of all required materials. PLEASE NOTE THAT NO WORK MAY BEGIN PRIOR TO ARCHITECTURAL APPROVAL. This review is in no way intended to approve architectural request for structural engineering or in lieu of any required City permits or City inspections. The intent is to maintain the visual quality of the Community.

In order to process your application for approval, the Architectural Committee will need a copy of the Application to Modify Exterior (attached to this package in Appendix D: Forms), color scheme, drawings, and specifications. Applications should be mailed by Certified Mail to the Association at the following address:

Harlan Ranch Community Association c/o: The Helsing Group, Inc.

2000 Crow Canyon Place, Suite 380 San Ramon, California 94583



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D. QUESTIONS

Any questions or inquiries regarding the procedures set forth in the Architectural Guidelines shall be directed to the Board or the Management Company. However, no variance or change to the requirements set forth in the Architectural Guidelines shall be effective unless in writing and authorized by the Board or Architectural Committee.

The Board may, from time to time, amend and repeal these Architectural Guidelines by majority vote.

Owners shall give notice to the Board upon completion of any construction or reconstruction.



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IV. MISCELLANEOUS PROCEDURES

A. PROCEDURE FOR OWNER HEARING

1. Introductions and hearing session procedures. 2. Statement of violation by acting chairperson. 3. Invitee’s statement and presentation of oral or written evidence. 4. Review of Community Declaration requirements, Bylaws, and Community Guidelines of the

Association. 5. Discussion and questioning of the invitee by the Board. 6. Questions and final statement by invitee. 7. Owner is thanked for coming and told that they will be notified of the Board’s decision within ten

(10) business days. 8. Board ruling without Owner present. 9. Enforcement procedures as applicable. 10. Adjournment.



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B. FIRE EMERGENCY PROCEDURES

Upon taking occupancy, every resident should set aside time to walk around and familiarize themselves with the Community. This will enable you to become a more informed resident.

Be certain to test your smoke detector at least monthly to make certain it is in proper working order. Make sure all family members know what to do and where to go in the event of a fire emergency.

THE EMERGENCY NUMBER FOR FIRE, POLICE AND PARAMEDICS IS 911.



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C. EARTHQUAKE PREPAREDNESS GUIDE

BE INFORMED

1. Everyone should be familiar with the location and operation of each main utility service of their home including: the main gas meter shut-off valve, the main water valve, the electrical panel and the main electrical panel at the exterior closet.

2. Your phone book has information on earthquake preparedness, basic first aid and CPR. 3. Develop a family emergency plan, which includes a place to reunite. 4. Designate a contact person 300 miles away or more and provide that person with a list of

people to call and notify for you outside of the disaster area. 5. Learn first aid and CPR. 6. Make sure every member of the family, over age 10, knows how to shut-off gas, water

and electricity. 7. Move heavy items to lower shelves. 8. Remove or isolate flammable materials. 9. Install latch-locking devices on cabinet doors.

BE PREPARED

1. Earthquake kit – purchased at home improvement and surplus stores. 2. Flash light – have spare bulbs and extra batteries. 3. Portable radio – have extra batteries. 4. First aid kit – purchased at drug stores and surplus stores. 5. Fire extinguisher – rating type ABC. 6. Candles and matches – be sure there are no gas leaks prior to using. 7. Basic tool kit. 8. Non-perishable food items – suggested 2 weeks’ supply per person. 9. Can opener - non-electric. 10. Water – 1 to 2 gallons per person per day. Water filter kits that connect to your water

heater can be purchased at home improvement stores. The average water heater holds 30 gallons of water.

11. Crowbar – keep a crowbar under the bed for use in forcing open jammed doors. 12. Essential medication. 13. Keep shoes and eyeglasses handy. 14. Eyeglasses - spare. 15. Whistle. 16. Watch & Clock – battery operated. 17. Cash – ATM machines and banks may be out of service. 18. Your vehicle – It may be a good idea to store some of these items in your vehicle

including a first aid kit and sturdy shoes.



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AFTER EARTHQUAKE CHECKLIST

19. Yourself. 20. Family & neighbors – trapped or injured. 21. Gas leaks – do not shut off your gas unless you smell gas! 22. Fireplace. 23. Gas water heater. 24. Stove area. 25. Electrical – visually check for sparks or broken wires which pose a hazard. 26. Water – check for broken water and sewer lines. Don’t drink water unless you know it’s

safe. 27. Phone – check for dial tone. Do not use unless it is an emergency. Flooding the phone

systems only delays help for people who really need it. 28. Look for broken glass or other hazards. For further information, refer to the First Aid and Survival Guide in your phone book.



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Appendix A: Rules, Regulations and Restrictions 1. PARKING AND VEHICULAR RESTRICTIONS

1.1 Limitations on Types of Vehicles – Recreational Vehicles. No trailer, motor home, camper, boat, or any other recreational vehicle shall be parked, kept, or permitted to remain within the Development unless placed or maintained completely within an enclosed garage, or located in enclosed side-yards or backyards and below the fence line and otherwise not visible from the streets or Common Area; however the Architectural Review Committee may also permit the storage of such vehicles within the fenced side-yard or backyard area of a Lot that is not completely screened from ground-level view, if the Committee finds that such partial visibility is not harmful to the aesthetic qualities of the Development. Recreational vehicles subject to this subsection shall not be parked or placed on any public street or on the driveway of a Lot for more than twenty-four (24) hours. No recreational vehicle or equipment shall be used for living purposes while located within the Development.

1.2 Limitations on Types of Vehicles – Commercial Vehicles. No truck, van, or commercial vehicle shall be permitted within the Development except for such limited times as are necessary for deliveries, the performance of maintenance, repair, and replacement of improvements within the Development and other similar situations, and then subject to any Rules adopted by the Board which may include, without limitation, a limit on the time of day or days of the week when such vehicles may be present within the Development. The term “truck, van, or commercial vehicles” shall not include sedans or standard size pickup trucks and vans which are used for both business and personal uses, provided that any signs or markings of a commercial nature on such vehicles shall be reasonable and inoffensive as determined by the Board.

1.3 Condition of Vehicles. No unreasonably noisy vehicles and no vehicles (including, without limitation, scooters, motorcycles, or other motorized devices) emitting foul smelling or offensive exhaust shall be operated within the Development. No dilapidated, unsightly, inoperable, or abandoned vehicle shall be parked, kept, or permitted to remain upon any area within the Development unless completely enclosed within a garage. Each vehicle operated or located within the Development shall maintain, and the Board shall have the authority to require written evidence of, current registration which permits the vehicle to be legally operated on public streets.

1.4 No Vehicle Repairs. No major vehicle maintenance or repairs of any kind may be made to vehicles within the Development except such emergency repairs as are necessary to remove the vehicle form the Development. Minor types of vehicle maintenance and repairs are permitted within the garage of a Residence, provided such vehicles are not rendered inoperable.

1.5 Parking of Vehicles on Lots. Residents shall utilize their garages as the primary parking location for their vehicles. Provided that garage-parking bays are first utilized for vehicle parking, Residents may also park vehicles on their Lot’s driveway.



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1.6 No Parking Areas. If the Association acquires any Common Area roadways, the Board may adopt Rules prohibiting or restricting the parking of vehicles on all or any portion of the Common Area roadways.

1.7 No Parking Areas – European Collection Property. In addition to the restrictions set forth in the Original CC&Rs, the following restriction shall apply to the European Collection Property / Tract 5542. No vehicles of any type (other than emergency vehicles used in the course of providing emergency services) may be parked in any of the following areas: (i) areas designated as a fire lane or (ii) those areas along Lots 1, 17, and 84. See Exhibit D in the Supplemental Declaration to the CC&Rs (European Collection at Harlan Ranch / Tract 5542).

European Collection Parking • Residents in the European Collection are not permitted to park on the private streets. • Private street parking is guest parking only. • Guests are not permitted to park on the streets longer than 2 consecutive days or 7 days in

a calendar month without prior approval from the association manager. • All guests parking on the street must park in front of the home they are visiting or as

close as possible to the home they are visiting. • In order to maintain positive traffic flow, vehicles cannot extend more than 8 feet from

the curb. • Vehicles cannot block driveways or extend into fire lanes or into no parking zones. • Residents in violation of the parking rules for the European Collection may be subject to

a fine of up to $500 or have their vehicle towed at their expense.

1.8 Parking Enforcement. The Board shall have the power to impose sanctions for violations of provisions of the CC&Rs relating to vehicles and parking. Such authority and power shall include, without limitation, vehicle towing. The power and authority to cause the towing, at the vehicle owner’s expense, of vehicles which are parked within the Development in violation of any of the provisions of the CC&Rs, provided that towing of vehicles of guests and other non-Residents of the Development shall be subject to the provisions of applicable law. Costs incurred by the Association relating to the towing and/or storage of any vehicle parked in violation of any provision of the CC&Rs shall be assessed as a Reimbursement Assessment against the Lot Owner responsible or whose household members, tenants, contract purchasers, or guests are responsible for the presence of such vehicle. The Board shall also have the power and authority to fix and impose fines for violations of this section in accordance with California Civil Code Section 1363.

1.9 Guest Parking Spaces. Guest Parking Spaces are for the use of the owner’s invitees/guests only. Guests may not park on more than two consecutive days, or on more than seven days during a calendar month, without prior permission from the managing agent.



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1.10 Capri Court Parking

• Residents are permitted to park one vehicle on the private street in front of, or near, their home provided that their garage is fully used for the parking of vehicles.

• Tandem garages are only required to have one car parked in the garage. • Resident parking is not to exceed two consecutive days. • Guests cannot park more than 2 consecutive days or 7 days in a calendar month without

prior approval of the association manager. • All vehicles (resident and guest) parked on the street must be in front of, or near, the

home they reside or are visiting. • In order to maintain positive traffic flow, vehicles cannot extend more than 8 feet from

the curb. • Vehicles are not permitted to park in the auto-courts, fire lanes, or no parking zones. • Vehicles are not permitted to park in solid waste pick-up areas on the designated trash

pick up day. • Residents in violation of the parking rules for the Capri Court may be subject to a fine of

up to $500 or have their vehicle towed at their expense.

1.11 Recreation Center Parking – There is to be no overnight parking in the recreation center parking lot.

2. GARAGES

2.1 Garage Vehicle Parking. So long as all of a Resident’s vehicles are capable of being parked within the Lot’s garage, one garage parking space may be utilized for personal property storage or other non-vehicle parking purposes.

2.2 Closed Doors. Each garage door shall remain closed except during the time required for the entry and exit of vehicles and individuals and when and only for as long as the garage is in active use. No garage doors shall be permitted to remain open except for temporary purposes.

2.3 No Conversion. No garage shall be remodeled or used as a living area. Garages may be utilized as workshops and for storage space, and for other related uses, provided such use does not require the parking of a Resident’s vehicle on the driveway of the Lot.

3. OFFENSIVE CONDUCT, NUISANCES, NOISE

No noxious, harmful, or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done thereon which may be or become a nuisance, or cause



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unreasonable embarrassment, disturbance, or annoyance to any Residents of the Development, or which shall in any way interfere with their use of the Common Area and facilities thereon or the use and enjoyment of their Lots or Residences. Without limiting any of the foregoing, no Resident shall permit noise, including without limitation the barking of dogs or excessively loud music, to emanate from the Resident’s Lot, Residence or vehicles, or the vehicles of guests and invitees, which would unreasonably disturb another Resident’s enjoyment of his or her Lot or of the Common Area. Nothing in this section shall be construed to limit the Association’s ability to discharge its duties in accordance with the Governing Documents or otherwise manage the Development.

4. USE OF THE COMMON AREA

All use of the common area is subject to the CC&Rs. No alterations or additions to the Common Area shall be made except as authorized by the Board pursuant to the CC&Rs. Nothing shall be placed, kept, stored, or parked on the Common Area without the prior written consent of the Board, except by the Association. Without limiting the foregoing, no Owner shall place rubbish, debris, or other unsightly or unsanitary materials on the Common Area. Each Owner shall avoid causing damage to the Common Area.

5. SIGNS

To the extent permitted by law, the Board may adopt limitations on signs including, without limitation, restrictions on the size of the signs, the duration of their posting, and their location. This section shall not apply to signs placed or maintained by Declarant or Community Builders.

Without limiting the requirements of the CC&Rs, no sign or billboard of any kind shall be displayed to the public view on any portion of the Property except such signs as may be used by the Builders or their sales agents, in connection with their development rights under Article 15 of the CC&Rs; provided, however:

5.1 Sale or Rent. An Owner or his or her agent may display on his or her Lot or that portion(s) of the Common Area approved by the Board, a sign advertising its sale or lease by him or her so long as such sign shall comply with any customary and reasonable standards promulgated by the Board as to the size, color, shape, or other qualification for permitted signs;

5.2 Signs. An Owner may display a noncommercial sign, poster, flag, or banner (a “Sign”) if such Sign: (i) is made of paper, cardboard, cloth, plastic, or fabric (no such Sign may be placed, maintained, affixed, or painted on any portion of the Common Area or Maintenance Area); (ii) is posted or displayed in the yard, balcony, or deck of the Owner’s Lot or on the window or door of the Owner’s Residence; (iii) does not include lights, balloons, or any other similar decorative component, or include the painting of architectural surfaces; (iv) is not more than nine (9) square feet in size with respect to solid Signs and fifteen (15) square feet in size for flags or banners; (v) does not endanger public health or safety or violate a local, state, or federal law; and (vi) is not otherwise prohibited under the CC&Rs.



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5.3 Flags. This section shall not be deemed to prohibit an Owner of a Lot from displaying the flag of the United States made of fabric, cloth, or paper, and displayed from a staff or pole or in a window on or in that Owner’s Lot; provided, however, a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloon, or any other similar building, landscaping, or decorative component shall be prohibited.

5.4 Security System Signs. Owner may install a maximum of two (2) signs that disclose that his or her Lot is protected by a security system provided that such signs do not exceed customary dimensions. Such security system signs may be placed on or around his or her Lot.

6. TRASH

Trash, garbage, accumulated waste plant material and all other waste and refuse shall be deposited only in covered sanitary containers or recycling containers in accordance with the following provisions:

6.1 Screened Containers. The containers shall be maintained upon each Lot and shall be screened or otherwise concealed from view from the Common Area, the streets, and the ground floor of any other Residences.

6.2 Container Pickup. The containers may be placed for pickup at a reasonable time prior to trash collection and shall be promptly stored after collection.

6.3 Trash Storage. No owner or Resident shall permit or cause any garbage, trash, or other waste or refuse to be kept upon any portion of any Lot outside of the Residence or elsewhere in the Development, except in the waste containers required by the City or otherwise approved by the Board. The Board may adopt Rules permitting the temporary placement of green-waste material bags outside of a Residence or within the Common Area.

7. ANIMALS

7.1 Household Pets. No animals, including by not limited to reptiles, rodents, birds, livestock, or poultry, shall be raised, bred, or kept on any Lot for commercial purposes. A reasonable number, as determined by the Board, of birds, cats, dogs, reptiles, and aquatic animals may be kept within a Residence, provided that they are not kept, bred, or maintained for any commercial purposes and in conformance with any City ordinances. Each dog must be restrained on a leash held by a responsible person capable of controlling it whenever the dog is outside of an enclosed or fenced portion of a Lot or any side-yard easement appurtenant to the Lot.

7.2 Owner’s Responsibility for Pets. The owner of each pet shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Development by such pet. The Board shall have the power to impose fines and other sanctions for violations of provisions of the CC&Rs relating to pets, including without limitation fines for failure to remove and dispose of pet waste as required by this



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section. Each Owner, Resident, and any person bringing or keeping an animal within the Development shall be absolutely liable to the Association and all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon the Development by such person or by members of his or her household, tenants, guests, or invitees. Each Owner and Resident shall indemnify the Association and its officers, directors, and agents against any and all claims, damages, losses, demands, liabilities, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the presence or conduct of any animal brought upon or kept within the Development by the Owner or Resident, members of his or her household, guests, tenants, or invitees. In no event shall any pet be maintained within the Development that constitutes a nuisance with respect to neighboring residents. Dog barking audible from within an adjacent Lot’s Residence for more than 10 minutes within an hour shall constitute a nuisance.

7.3 Pet Rules. The Board may adopt and enforce pet rules in addition to the provisions of this section. Such rules may include, without limitation, regulations regarding the presence of pets on the Common Area and requirements that pets be registered with the Association. The Association shall have the right to prohibit the keeping of any animal which constitutes, in the sole and exclusive opinion of the Board, a nuisance or danger to any other person.

8. RENTAL OF LOTS

An Owner shall have the right to rent the Residence on his or her Lot subject to the provisions of the CC&Rs, any applicable contractual provisions which restrict the rental of a Lot and Residence, and the following specific requirements:

8.1 Notification of the Board. The Owner shall notify the Association of the duration of the lease and shall provide the Association with (i) the names of the tenants, (ii) the names of the members of the tenants’ household, (iii) the tenants’ telephone numbers, and (iv) such other information as the Board deems appropriate.

8.2 Owner Responsibility. Owners shall be responsible for ensuring their tenants have read, understand, and agree to abide by the Governing Documents. In the event of any violation of the Governing Documents by an Owner’s tenant, or the tenant’s guests of invitees, Owner shall be subject to the enforcement remedies described in the CC&Rs Article 10, including, but not limited to the imposition of fines and the suspension of Common Area use rights. Each Owner renting the Residence shall be strictly responsible and liable to the Association for the actions of such Owner’s tenant in or about all Lots and Common Area and for each tenant’s compliance with the provisions of all Governing Documents. An Owner renting a Lot shall provide the tenant with copies of the Governing Documents and all subsequent amendments.

8.3 Indemnification of Association. Every Owner of a Residence that is occupied by persons other than the Owner pursuant to a rental agreement or otherwise, agrees to and shall indemnify and defend the Association, its officers, directors, managers, and agents and shall hold them harmless from any cost, loss, claim, or damages of any kind,



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including but not limited to attorneys’ fees arising out of the conduct or presence of the occupants of the Residence and their guests within the Development, including any such cost, loss, claim, or damage arising or alleged to have arisen out of the enforcement or non-enforcement by the Association of the Governing Documents against such occupants and their guests. Without limiting the generality of the foregoing, all costs, including attorneys’ fees incurred by the Association to enforce the Governing Documents against such occupants and their guests, shall be reimbursed to the Association by the Owner and may be assessed by the Association as a Reimbursement Assessment.

8.4 Requirements of Written Rental Agreement. Any rental of any Lot’s Residence shall be only by written rental agreement which shall expressly provide (i) that it is subject to all of the provisions of the Governing Documents, (ii) that the tenants of such Residence shall comply with all provisions of the Governing Documents, (iii) that any violation of any provisions of the Governing Documents shall constitute a breach and default of the terms of such rental agreement, and (iv) for a term of not less than six (6) months. The rental agreement shall not attempt to, nor shall any such agreement be effective to, transfer membership in the Association to the lessee.

8.5 Requirement of Inclusive Rental Agreement. No Owner may rent or hire any garage, accessory building, or similar improvement to anyone who does not have the right of possession of the entirety of the Residence on the Lot.

8.6 Assignment of Rights of Use Common Area. Upon the leasing or renting of a Lot, the Owner shall be deemed to have assigned all Common Area use rights exclusively to the tenants except that such Owner shall continue to have an easement for ingress and egress to such Owner’s Lot to the extent necessary to discharge the Owner’s obligations and rights as a landlord. Any rights of enjoyment assigned pursuant to this section are subject to suspension to the same extent that rights of Owners are subject to suspension as provided in the Governing Documents. It is the express purpose and intent of the provisions of this section to limit the right or use and enjoyment of the Common Area to Residents and their guests.

9. CLOTHESLINES

Exterior clotheslines or other outside clothes drying or airing facility may be located in enclosed side-yards or backyards and below the fence line. There shall be no exterior drying or laundering of clothes on balconies, patios, porches, or other outside areas.

10. ELECTRONIC INSECT TRAPS

Electronic insect traps shall be permitted in the enclosed portions of the yards only. 11. POOL RULES

- Pool hours shall be: 7 AM – 10 PM - Children under age 14 should be accompanied by an adult.



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- No diving. - No rough play or running permitted in the pool area. - No large inflatable tubes/rafts. - No glass in pool area. - No consumption of food or beverages allowed within 5 feet of the pool water. - No alcohol is permitted in the pool area. - Animals are not permitted. - Residents are limited to four guests per household at a time unless a special

reservation has been made.

12. ALCOHOL USAGE POLICY a. Alcohol is permitted to be served at Association sponsored events. Individual

homeowners reserving Association amenities may serve alcohol if the following conditions are met:

1. The Harlan Ranch Community Association Board must pre-approve the event.

2. The homeowner must name Harlan Ranch Community Association as an additionally insured on their homeowner’s liability policy. A minimum of $1,000,000 (one million) dollars of liability insurance must be maintained.

3. The homeowner must leave a security deposit in the amount of $1,000 (one thousand) dollars with the Association.

4. The alcohol must be catered. 5. Glass containers must be kept away from the pool.



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Appendix B: Architectural Guidelines

In addition to the restrictions set forth in the CC&Rs and the Rules and Regulations, each Homeowner shall also comply with the following guidelines and restrictions.

1. Architectural Approval. Construction, installation, modification, or alteration of Residences, buildings, outdoor structures, fences, awnings, outdoor lighting, spa and pool equipment, and all other exterior improvements are subject to approval of the Architectural Review Committee. Except for improvements constructed or installed by Declarant or Community Builders, no building, fence, wall, or other structure or improvement shall be erected, altered, or placed on any Lot until building plans, specifications, and a plot plan showing the location of structures on the Lots have been submitted to the Architectural Review Committee for review and approval.

2. Walls and Fences. Without limiting the Architectural Review Committee’s authority to adopt more restrictive height limitations, no wall, fence, or screen (other than perimeter walls constructed by the Builders and/or as may be reconstructed in substantial compliance with that original construction from time to time) shall exceed six (6) feet in height.

3. No Views. There are no views in the European Collection Property or the Town and Country Property that are protected to any extent, and no Owner who becomes subject to the terms hereof shall obtain any view rights whatsoever. Each owner, by accepting a deed to a European Collection Lot or a Town and Country Lot, and the Association hereby acknowledge that any construction or installation by the Declarant, the European Collection Builder or TCHR, other Community Builders, or by other Owners following required approvals may impair the view of such Owner or of other Owners, and each Owner and the Association, on behalf of it Members, hereby consent to such impairment.

4. Limited Use Areas. Owners of European Collections Lots or Town and Country Lots that contain an exclusive easement in favor of a utility company, special assessment district, or similar entity for maintenance and repair are prohibited from constructing any improvement, including without limitation, balconies and decks over or on such easement areas (the “Utility Easement Areas”), or in any way interfering with the maintenance and repair obligations of any such entity with respect to the Utility Easement Areas.

5. Solar Energy Systems. The Architectural Review Committee shall be entitled to adopt reasonable regulations regarding the installation of solar energy systems. These Architectural Rules may include limitations on placement and design of such systems to the extent necessary to avoid an unsightly appearance from neighboring Lots or Common Area.

6. Drainage. No Owner shall do any work, construct any improvement, place any landscaping, or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern for the Owner’s or any adjacent Lot or parcels or Common Area as established in connection with the approval of the final subdivision and parcel maps applicable to the Development, except to the extent such alteration in drainage pattern in approved in writing by the Architectural Review Committee, and all other public authorities having jurisdiction.



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7. Holiday Decorations. Holiday decorations may be displayed, provided that they are mounted in a way that does not involve penetration of any common area surface or any other damage to a common area component. Holiday decorations may be displayed for no more than 45 days prior to the applicable holiday, and must be removed within 15 days after the holiday.

8. Sports Apparatus. The Architectural Review Committee may establish Architectural Rules regarding the permissibility of and placement, maintenance, and use of any temporary or fixed sports apparatus located within a Lot. No sports apparatus shall be installed on a Lot or the exterior of a Residence without the prior approval of the Architectural Review Committee.

Play equipment, to include portable basketball standards, may be approved in the enclosed portions of the yards only. Play Equipment must be commercially purchased and may not exceed 12 feet in height at its highest point. The tallest platform may be no taller than eight feet. Play equipment must not affect the drainage of the Lot.

9. Window Coverings. Only drapes, window shades, shutters, or other window treatments may be installed in the windows of all Residences and garages in accordance with any Architectural Rules adopted by the Architectural Review Committee. In no event shall windows be painted, tinted, nor shall aluminum foil, newspaper, bed sheets, cardboard, or similar materials be placed in windows. All window coverings shall be maintained in good repair and condition at all times.

Normal and customary window coverings may be approved, provided that the exterior side of any drapes, window shades or other window coverings visible from the Common Area or the streets and drives within the Project must be white, off-white, or natural wood tones, unless otherwise approved by the Architectural Committee. Any drapes or other window coverings installed by Declarant in model residences may remain for the useful life thereof. All window coverings shall be installed within ninety (90) days after the conveyance of the Lot.

10. Satellite Dish Antennas. No outside television antenna, aerial, satellite dish, or similar device for the transmission or reception of television, radio, satellite, or other signals of any kind, are permitted within the Development, except as provided in this section or otherwise permitted by Federal or state law. Antennas or satellite dishes with a diameter or diagonal measurement not greater than one meter which are designed to receive direct broadcast satellite services, video programming services via multi-point distribution services, or television broadcast signals (collectively “Permitted Dishes”) may be erected, placed, or installed on a Lot, subject to the following restrictions, provided that the application of these restrictions do not unreasonably delay installation or increase expense, or preclude reception of an acceptable quality signal.

10.1 To the extent it is possible to receive a signal, the Architectural Committee will require that all antennas, and satellite dishes of one meter or less in diameter, be placed in the backyards or back of the home. If an owner believes that a sufficient signal cannot be obtained in the backyard or back of the home, the Association reserves the right to seek an outside opinion from someone well versed in the industry on the particular type of antenna desired.



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10.2 The Architectural Committee reserves the right to require painting or reasonable screening of the antenna or satellite dish if it must sit in an area where it can be seen from the street or common area.

10.3 TV antennas posted on masts 12 feet above the roof line will be prohibited.

11. Dog Houses / Dog Runs. Dog houses / dog runs may be approved in the enclosed portions of the yards only. All dog houses must be constructed so that no single dimension exceeds 48 inches. Chain-link fence dog runs shall be approved in rear yards, provided that the fence is no higher than five feet and does not affect the drainage of the lot.

12. Garden Sheds. A garden shed may be approved in the enclosed portions of the yards only; it is the responsibility of the homeowner to comply with all city and local government codes and regulations. No garden shed, or similar structure, shall be constructed or otherwise placed within two (2) feet of any property line. In all cases, no garden shed shall exceed ten feet in height. Additionally, lot coverage standards cannot be exceeded. Garden sheds must be either commercially purchased or professionally built by a licensed contractor. Garden sheds must have both color(s) and material(s) approved by review of the Architectural Committee, but in general should match the color scheme of the house.

13. Spas / Hot Tubs. Spas and hot tubs may be approved in the enclosed portions of the yards only, provided they are in compliance with all local codes and regulations, including without limitation, setback requirements. All appurtenant mechanical equipment, pipes and wiring must be screened by landscaping.

14. Other Water Features (Ponds, Waterfalls, Fountains). Other water features (Ponds, Waterfalls, Fountains) may be approved in the enclosed portions of the yards only, provided they are in compliance with all city codes and regulations and do not exceed 5 feet in height. All appurtenant mechanical equipment, pipes and wiring must be screened from view by landscaping. 15. Patios / Decks. Patios and decks may be approved in the enclosed portions of the yards, subject to current local government codes and setback requirements. Above-ground decks not exceeding 12 inches in height are allowed, provided foundation landscaping is installed.

16. Trellises. Trellises may be approved in the enclosed portions of the yards, subject to prior approval of the local government and compliance with local code, setback and height requirements. Trellises may be no taller than 9 feet from the deck surface.

17. Patio Covers. Patio covers may be approved in the enclosed portions of the yards, as long as the following requirements are satisfied:

a. The height of the patio cover does not exceed the height of the nearest exit door area by more than one foot, and the total height does not exceed 12 feet.

b. The patio cover does not extend more than 15 feet from the dwelling into the rear yard area.

c. The patio cover does not extend beyond the side of the dwelling. d. The patio cover does not exceed 200 square feet in total.



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e. The patio cover is painted to match the house trim color or stained a neutral wood tone.

18. Gazebos. Gazebos and similar structures may be approved in the enclosed portions of the yards only, subject to prior approval of the local government and current local code, setback, and height requirements. In any case, no gazebo or similar structure shall be constructed or otherwise placed within three feet of any fence. No gazebo shall exceed nine feet in height without the written consent of all adjacent owners, and in no event shall any such structure exceed eleven feet in height. Gazebos shall be painted to match the approved color of the trim or body of the main house or shall be stained a neutral wood tone. 19. Colors for Exterior Surfaces. The exteriors of all structures must be painted in their original color as painted by Declarant, unless the Architectural Committee approves any changes.

20. Water Softeners. Water softeners may be approved, provided that they are commercially serviced and located inside the garage. No owner shall deposit or dispose, or permit to be deposited or disposed, any salts or other chemicals from water softeners into the storm drain systems. 21. Exterior Fence Modifications. All fences visible from the roads must remain as originally installed by Declarant, unless otherwise approved by the Architectural Committee. Natural or clear sealers are permissible, as long as the color of the wood remains unchanged.

22. Concrete Installation. Installation of concrete or bricks in the enclosed portions of the yards, may be approved, provided that all local setback requirements are met and the modifications do not affect the drainage of the Lot or neighboring Lots. 23. Backyard Landscape Installation. Installation of plant material, in the enclosed portions of the yards, which will not exceed the height of the fence line at maturity, may be approved. Trees (normally found in residential areas) may exceed fence height. No more than 4 additional trees may be approved without permission from the Architectural Committee. Landscaping that is specifically prohibited by deed restrictions, e.g. endangered species habitats, will not be permitted.



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Appendix C: Forms



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Architectural Application

As explained in the CC&R’s, improvements or modifications require approval by our Architectural Committee. This is the form used for applying for such approval. Please describe all changes you propose to make to your Home exterior. Include a scale drawing(s) with top (plan) and side (elevation) views as necessary to clearly establish locations and elevations of any structures. Include dimensions and materials and specify color(s) if appropriate. Your drawing should include existing structures and boundaries where necessary to indicate relative location. To avoid delay of committee action, please include all information the committee will need to make its decision. Attach additional pages if needed. Consult the CC&Rs, Rules, and/or Architectural Guidelines for more information. Please deliver this completed form along with drawings and payment to The Helsing Group, 2000 Crow Canyon Place, Suite 380, San Ramon, CA 94583.

Owner(s): Phone:

Mailing address:

Affected address, if different:

Description of proposed modification:

______

______

______

______

______

______

______

______

______

______

______

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______

Signed: X Date:

The Association will send you a letter acknowledging the receipt of your application within 7 days. If you do not receive this letter, you

should assume that we have not received your application, and contact your manager at 1-800-4HELSING. While the CC&Rs requirethat architectural reviews be completed within a certain time frame, this time does NOT start accruing until we receive your application.



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