MADISCN AVENUE VILLASRules & Regulations

REYfSED Janurry 1994

MADISOI\ AVEI{TIE VILLAS HOMEOW}IERS ASSOCIATION

RIILES AND REGIILATIOI..{S

1.0 Organization

1-1 The Madison Avenue Villas Homeowners' Association is organized on three differentlevels. They are as follows:

1. Board of Directors ("the Board',)2. Committees as appointed by the Board3. The Homeowners

The powers and duties of the Board of Directors are dehned in Article VI of the bylaws of theAssociation. The Board establishes and enforces the rules to be aclhered to by the MadisonAvenue Villas Homeowners, manages the financial affairs of the Association and oversees theoperation and maintenance of the Association facilities. In each of these areas the Board isassisted by the Association Cornmittees.

The committees are established by the Board and are composed of groups of homeowners. Eachappointed committee is responsible for a specific a.ea *ithin the Assbciation. The appointedcommittees respond to homeowner requests and complaints and make recommendations to theBoard.

For the pulpose of these Rules and Regulations, a homeowner is defined to be a legal owner ofa Madison Avenue Villa condonrinium. This definition encompasses the record olvner or histenant of a Madison Avenlte Villa. The homeowners utilize the facilities in Madison AvenueVillas and participate in the running of the Association through their membership in theappointed committees and their election of the Boarcl.

1.2 Committees

The following Association Committees may be established as needed but are not limited to thefollowing:

A' Rules. Writes new rules as necessary, rewrites or inteqprets previous rules for theBoard's approval.

B' Grounds. Monitors the landscaping of all common areas, including the parking area andgreenbelts.

1.3 Implementation of Rules

The primary rules governing the operations of the Association are defined by the Declarationof Covenants, Conditions and Restrictions for Madison Avenue Villas. In addition to theserules, supplementary rules may be implemented in order to thoroughly protect the homeownersand to provide for their continuing enjoyment of life at Madison Avenue Villas.

The rules listed in Section 2 of these Rules and Regulations are based on the rules defined bythe Declarations and suggestions from the homeowners. These rules can be amended by theprocedure defined in the Declarations.

1.4 Enforcement of Rules

The Association, or any homeowner, has the right and duty to enforce the Association rules asdefined in these Rules and Regulations. If a homeowner observes a rule being violated, he mayrequest that the violator cease the offending action. If a satisfactory response is not received,the homeowner should report the details of the violation in writing to the Board. The Board willmake a preliminary determination of whether a rule has been violate and will take such actionas it deems necessary, including any and all remedies provided for in the Covenants, Conditionsand Restriction, the Bylaws, and these Rules and Regulations.

2.0 RULES

2.1 Introduction

The following mles have been established in order to provide for the continuing pleasure,comfort and security of all members of the Madison Avenue Villas Homeowners' Association,their tenants, and their guests.

2.2 General Rules

A.

B.

Each unit shall be used and occupied for a private, single family dwelling puqpose only.

No homeowner shall perrnit, in his unit or in the common area, by himself or his guests,anything that will interfere with the rights, comfort, safety and conuenience of otherhomeowners.

All complaints pertaining to a violation of an established rule shall be made in writingto the Board.

Maintenance personnel, while on duty for the Association, shall not perform duties foran individual homeowner.

C.

D.

G.

The homeowner will be held responsible for any rule violation by his tenants, otherfamily members, and guests at all times.

Use of skateboards, skates, and rollerblades, etc., within Madison Avenue Villas isexpressly prohibited.

Only two usual and ordinary household pets (exclusive of fish) may be kept ormaintained in a unit.

Homeowners or tenants refusing to comply with any Association rule wili be billed forany damages for which they are responsible, ffi?y be fined accordingly, and wi1 besubject to any other sanction permitted by the Covenants, Conditions and Restrictions orthese Rules and Regulations.

2.3 Pool Rules

A. No animals are allowed in the pool.

B. Only residents and their guests are permitted to use the pool facilities.

C. Children under fourteen (14) years must be accompanied by parent or responsible party.

D. There is no lifeguard on cluty. Residents and guests swim at their own risk.

E. No glassware or glass containers are allowecl in the pool area.

F. All trash must be emptied in receptacles before leaving.

G' Pooi furniture is not allowed in the pool nor shall it be taken from the pool area.

H. Nude bathing is not allowed.

I. Audio equipment must be kept to a reasonable volume.

J. No running, pushing, diving, or rough housing is allowed.

2.4 Grounds Rules

Common areas are specifically defined in the Covenants, Conditions and Restrictions. Forconvenience, they are hereby defined as all areas outside the dwelling unit, patios and balconiesattached thereto. However, patios and balconies are subject to Association controls in the bestinterest of all homeowners. Such areas are not to be used in a manner which would create anuntidy or annoying condition to other homeowners or tenants.

F.

H.

A. Patios and Balconies

1. No wearing apparel, rugs, towels, scuba gear, etc., will be hung or draped insuch a manner as to be seen from outside the patio or balcony area.

2. Articles other than acceptable patio furniture must be stored inside the units at alltimes, including bicycles.

3. Owners and tenants will be notified of any deficiencies involving excessivelyuntidy conditions or storage of unauthorized articles within patios or balconyareas.

No changes may be made to the common area without the written consent of the Board.

Homeowners shall be liable to the Association for all damages caused by such owners,tenants, or guests of such unit to any of the common area or to any improvementsthereon.

To prevent unnecessary Association maintenance expense, the following rules are herebyestablished.

1. Surface of walks, fencing, and equipment shall not be defaced in any manner.

2. Balls shall not be bounced off buildings, walls, or garage doors.

3- Sprinkler pipes and equiprnent shall not be broken or tarnpered with.

4. Light fixtures shall not be broken or removed.

5. Trees and shrubbery shall not be cut or broken.

6. walking, running or sliding on embankments is not permitted.

7. Throwing or leaving cans, bottles, or other trash in the common area or adjacentareas is not permitted.

Noise can be a problem at any time and particularly during the summer months whendoors and windows are open. Radios, televisions, musical instruments, party activitiesand other noise sources must definitely be restricted to a level that is nol diiturbing tothe residents. Noise violations may be reported directly to the city police.

Any special activity involving the common area should be approved by the Board.

No advertising sign or device of any nature shall be displayed.

B.

C.

D.

E.

F.

G.

2.5 Architectural Control Rules

A- No-building, fence, wall, or other structure may be erected or removed from the propertywithout approval from the Board of Directors. An owner requesting to make alierationsmust provide the following information to the Board:

B.

C.

D.

E.

F.

G.

1. General description.2. Sketch of proposed alteration.

No balcony shall be enclosed partially or wholly without written consent from the Board.

Unauthorized additions will be subject to removal at the homeowner's expense.

No exterior shutter, screen, blind, curlain, drape, or appurtenance shall be added to aunit without the written consent of the Board.

Owners of units are solely responsible for the maintenance and repair to existing windowand door screens.

Planters, tubs, etc., shall be compatible to existing color and architectural style. Inaddition, they must be maintained and secured in iuch a manner as to eliminate anyhazards.

The installation of air -conditioning

units in windows or on rooftops is not permittedwithout the approval of the Board.

No exterior antennas may be installed without Board approval.H.

B.

C.

2.6 Parking and Access Roacls -- Applicable to ALL vehicles - INCLIJDING VISITORS.

Property values are strongly influenced by the quantity and quality of vehicles parked in thecommon areas. Homeowners, tenants, and guests need to show particular sensitivity andconsideration of their neighbors concerning vehicles.

A. Speed Limit. A maximum speed of ten (10) miles per hour will be observed within thecomplex.

Garage Parking. Any type of vehicle may be parked within the closed garage.

Common Area Parking. Only passenger vehicles shall be allowed to park in, on, orabout the common area or the caqports. "Passenger vehicles" do NbT include thefollowing:

1. Campers2- Motor Homes3. Trailers4. Boats5. Motorcycles6. Trucks other than as described below7. Vehicles as determined by the Board to be unsightly

D' Trucks. Trucks rnay be permitted to park in the common areas if they conform to thefollowing standards:

1. Il2 ton or less2. Used for passenger purposes or moving homeowner's personal property only.3- Any non-vehicle-nianufacturer lettering or logos rnust have written Board

approvai.4. Non-vehicle manufacturer accessories such ?S, but not limited to, racks,

stakebeds, special lighting, and abnormal-sized wheels will not be permitted.

E' Towing. Vehicles included in "C" (above) found to be parked in, on, or about thecommon area or the caqports can be towed away with the approval of not less than twomembers of the Board of Directors, with the vehicle owner incurring the expense of suchtowing.

F. Time Limit.

1' No homeowner, tenant, or guest shall park any vehicle in, on, or about thecommon area for more than seventy-two (72) hours without moving the vehiclefrom the conlmon area. Vehiclei found to be parked in, on, or about thecommon area for more than T2hours can be towed iway with the approval of notless than two members of the Board, with the vehicle owner incurring the expenseof such towing.

G.

H.

2- Motor Homes and campers may be parked for a maximum of 24 hours for thepulposes of loading/unloading.

3. Exceptions to the above rules and regulations can be temporarily granted with theapproval of not less than two members of the Board.

Commercial Vehicle Parking. Commercial vehicles may park in, on, or about thecommon area for the purpose of performing services or making deliveries. Said vehiclesmay park for only so long as is reasonably necessary to perform said service or delivery,but in no event longer than eight (8) hours.

Parking on Red Cement (Stampcrete). Parking on the red cement within the projectboundaries, except within carports and between units 20 (4448) and2I (4444), is iimiteato loading, unloading, or the washing or waxing of automobiles.

1' Vehicles shall be parked in a manner to allow other vehicles through and notcreate a safety hazard.

2. Vehicles may be parked while actively loading and unloading or while washingand waxing them (maximum of 3 hours).

Parking Procedures. Homeowners, tenants, and guests are required to park their vehiclesin a manner that will allow other homeowners, tenants ana guests to park withoutdifficulty. It is the responsibility of the homeowners and tenants to advise their gueststo park accordingly.

1. Parking on Caminito Fuente (the black asphalt street) is only perrnitted on thecurb side of the street within lines, if present.

Repair of Vehicles. No vehicle repair or overhaul is permitted within the MadisonAvenue Villas, including the flushing of radiators or the changing of oil. Simplemaintenance is permitted, such as addition of water, oil or ctranging a tire. personsinvolved with simple maintenance will be responsible for the cleanup-of m" area wherethe maintenance was performed, and the removal of any iitter resulting therefrom. Theemptying of car ashtrays into the common areas is not permitted.

Fire Hydrant and Designatecl Fire Lane Access Roadway. The designated fire laneaccess roadway is that portion of Caminito Fuente (the black asphalt slreeg extendingfrom the entrance gate through the complex from the red ."*.nt area to itre partingspaces on the curb side of the street.

1. No vehicle shall be parked so as to block the fire lane in any way. Unattendedvehicles parked on or within the designated fire lane access toiA*uy can be towedaway with the approval of not less than two (2) members of the Board.

2. No vehicle shall be parked so as to block access to a fire hydrant.

I.

J.

K.

J.

4.

Parked vehicles blocking access to a fire hydrant or unattended vehicles parkedin, on, or within the designated fire lane access roadway (as indicated above) willbe towed away, with the vehicle owner incurring the expense of such towing.

Any homeowner or tenant can have a parked vehicle blocking access to a firehydrant towed away if a reasonable effort has been made to locate and inform thevehicle owner.

2.7 Pets

aa-

C.

D.

E.

Only two (2) domesticated dogs, cats or other commonly accepted household pets maybe kept and maintained in a unit.

All pets must be controlled by a hand leash not to exceed ten (10) feet in length whenoutside a unit, patio, or balcony.

Any litter deposited by a pet on sidewalks, lawns, parking areas, or other parts of thecommon area must be removed irnmediately by the owner of the animal involved.Owners are to have adequate waste removal items to facilitate feces removal. It is to bediscarded only in a trash bin or the owner's lavatory. Any litter deposited within patiosor balconies must be removed with reasonable promptness.

No animal shall be tethered or left unattended in the common area. Any animaiunattended, tethered or not, found to be in the common area will be placed under controlof the animal shelter, and the cost of recovery or any other expenJes incurred shali bethe sole responsibility of the owner.

Animals must be taken outside the boundaries of the project to be vigorously exercised.

2.

J.

^

5.

3.0 Fines

The following schedule of fines shall be in effect from the date of the adoption of these Rulesand Regulations.

1. For the parking of vehicles anywhere in, on, or about the project except as authorizedby the Covenants, Conditions, and Restrictions of these Rules and Regulations:

$20 per day.

$20 per occurrence.

For violation of Paragraph 15 of the Covenants, Conditions and Restrictions regardingAlterations, Additions and Improvements of Residentiar rots: $100 per occurrence.

For violation of Paragraph 2.4A of these Rules and Regulations, pertaining to use ofpatios and balconies: $10 per day.

For violation of Paragraph 11(a) or (b) of the Covenants, Conditions and Restrictions,pertaining to permissible uses of the residence lots and common areas:

$25 per day.

6. For violation of Paragraph 11 (c) or (e) of the Covenants, Conditions, and Restrictions,pertaining to pets and sign restrictions: g10 per day.

l. For violation of Paragraph 11 (d), (i), or (k) of the Covenants, Conditions andRestrictions, pertaining to uses of resicience lots or alterations of the common area:

$25 per day.

$10 per occurrence.

$25 per occuffence.

The imposition of a fine shall not preclude the Board from imposing other sanctions or takingother remedial action pursuant to the Restrictions, the Bylaws, or these Rules and Regulations.It is the intent of the Board to remove, or cause to be removed, all vehicles,

-property,

aiterations, additions, inrprovements, or antennas which are in violation.

For failure to clean up any litter deposited by a pet:

For violation of any pool rule:

For violation of any speed limit:

8.

9.

MADISON AVENUE VILLAS HOACOLLECTION POLICY AND PROCEDURE

Updated April 25,2000

All assessments and other charges, including but not limited to fines and late charges, are due on the first day of themonth and become delinquent if not received (not to mean "in the mail") by the 15th day of the month. On the 16thday of the month, a $i0 or l\Yo late fee, r.vhich ever is greater, will be charged to past due accounts. For all balancesover 30 days,l2o/o per annum interest will be charged. The association may, at its option, choose to provide eitherbilling statements or billing coupons as a courtesy to homeowners, but will be under no obligaiion to do so.Homeowners are responsible for prompt payment on their accounts with or without billing statemLnts or coupons.

All reasonable costs for collection actions against a homeowner, including but not limited to attorney fees, courtcosts, certified mail, document preparation and reproduction, etc., rvill be charged to the homeowner's account andrvill be subject to collection in accordance rvith this policy.

l) After assessments or any other charges have become delinquent and unpaid, a 15-day notice demandingpayment will be sent to the delinquent homeowner. Fees and costs to pay for this service will be charged tothe owners account.

2) If the assessments or other charges remain delinquent l5 days after the date of the notice, a lien may be filedand all costs including attorney fees will be charged to the owner's account.

3) If the homeor'vner is still delinquent 30 days after the lien is recorded, the association may begin a foreclosureon the delinquent homeowner's property. Additional fees and costs will be charged againsi the delinquentowner's account.

4) The association may publish a Notice of Trustee's Sale and may proceed to sell the properry if thehorneowner is still delinquent after the forecrosure period.

The Board of Directors, at its discretion, in order to collect any past due amount not paid after a I5-day noticedemanding payment, may elect to pllrsue a civil suit of law instead of a Iien and foreclosure action. The Board rnayalso elect to suspend a delinquent homeor,vner's privileges and rights as a homeowner in the association, includingthe privilege to use any and all common areas and common area facilities. Furthermore, the Board of Directors mayat its discretion pursue_any and all other legal remedies the association might have against the owner of the unit onwhich assessments and other charges are clelinquent.

If an owner disputes any charge, the orvner has the right to resolve the dispute through Alternative Dispute Resolutionas long as alldelinqttent antounts are paid in fulland they are in cornpliance r,vith-all provisions of California CivilCode $ 1366.3.

All costs for these actions lvill be the responsibilify of the homeorvner and are subject to change without notice.Failure of the association to strictly comply with this policy is not a waiver of its right to enforce the policy or tocollect any and all assessments and other charges. The association is under no obligition to recognize payment bycheck until the check is honored by the payer's bank. There is a $20.00 charge for all NSp and other returned checks.The association may, at its discretion, refuse receipt of partial payment on any past due balance. The Board ofDirectors intends to carry out this policy and p.ocej,,." in uc"oriance witlr alt appticaule laws.

MADISON AVEI\UE VILLAS HOAJuly 28, 1999

Policl' and Procedure for Approval of Concrete Drilling or Disturbance

At the JuIy 27, 1999 meeting, the Board'discussed issues that could lead to the need todrill throLrgh the ne\,v concrete that was installed last year. While the Board realizesthere are sonle situations where that might be necessary, it would like to preventunnecessary darnage to the concrete and protect the investment made by all the owners.For that reason, the Board has decided that any non-emergency plans to drill or disturbexterior concrete inch-rding porches and stoops must be submitted to the Board forapproval prior to contracting for work and conduct of the job.

For emergency work (e.g., possible gas leaks), management should be contactedirnmediately at (619) 298-9973

If you plan to do non-etxergency work, please have your contractor provicle a diagramindicating tire proposed site of drilling or other distr-rrbance of the concrete, along -itf,any explanation that yor-r or the contractor believes may substantiate the need 6r thework' Mail or fax the diagram and explanation to managerlent, and management willdeliver it to the Board for consideration at the next regularly scheduled goaia meeting.Board rleetings are normally held on the four-th Tuesclay of each month. At the meeting,the Board will consider whether or not there are alternatives to clisturbing the concrete.So as not to unnecessarily clelay work, we recorimend you explore alternatives andpresent their fbasibility in any explanation you supply.

This procedLtre is not intenclecl in any way to apply to interior concrete such as garageflools.

If you lrave any qr-restions, please contact management at (619) 2gg_gg73.

Change of Telephonic Gate Bntry System Cocle

There are three entry cocles that are used on the telephonic entry system. one is forowners only' Another is for long-term vendors like water and newspaper deliveries. Thethird is fbr tenants ancl shot't-term vendors lihe contractors, real estate sales people,pizza deiivery, etc..We are changing the third, short-term code. The new cocle is *9907.After a few days, the old .oa. witf no longei work. Please give only the new cocle topeople with short-term access needs.