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RECORDING REQUESTED BY:
Parker Ranch Homeowners Association
AFTER RECORDING RETURN TO:
_________________________________
_________________________________
_________________________________
AMENDED AND RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKER RANCH
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE I DEFINITIONS 3
ARTICLE II BURDENS APPURTENANT TO PROPERTIES 4
ARTICLE III PROPERTY RIGHTS 5
ARTICLE IV ASSOCIATION; MEMBERSHIP AND VOTING RIGHTS 6
ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS 9
ARTICLE VI USE RESTRICTIONS 16
ARTICLE VII OBLIGATION TO REBUILD 20
ARTICLE VIII CITY IMPOSED CONDITIONS 21
ARTICLE IX GENERAL CONDITIONS 22
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AMENDED AND RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKER RANCH
THIS AMENDED AND RESTATED DECLARATION is made as of _________________,
2009 by the approval of the Owners of Lots who have approved this Amended and Restated Declaration
by written ballot as certified by the President and Secretary of the Parker Ranch Homeowners
Association pursuant to the provisions of California Civil Code section 1355(a) as set forth on page 24
of this Amended and Restated Declaration.
RECITALS:
This Amended and Restated Declaration is made with reference to the following facts:
A. Blackwell Homes, a partnership (“Original Declarant”) made and executed the
declaration of covenants, conditions and restrictions entitled “Declaration of Covenants, Conditions and
Restrictions” recorded on September 20, 1979 in Book E805, Page 326 et seq., Instrument No.
6503842; as amended by Modifications of Declaration recorded on August 4, 1981, in Book G254,
Page 627, Instrument No. 7129435; and April 23, 1982, in Book G742, Page 383, et seq., Instrument
No. 7345104; and July 11, 1984, in Book I708, Page 106, et seq., Instrument No. 8122218; and
September 16, 1988, in Book K683, Page 972, et seq., Instrument No. 9839054; and May 22, 1991,
Book L723, Page 0548, et seq., Instrument No. 10912062; and January 2, 2002 as Instrument No.
16038660 of the Official Records of Santa Clara County, California (collectively the “Original
Declaration”), which Original Declaration affects all of the Properties described and commonly known
as Parker Ranch.
B. Original Declarant was the owner of a fee interest in certain real property in the County
of Santa Clara, State of California, which is more particularly described in Exhibit “A” attached hereto
and incorporated herein by reference (the “Properties”). The Original Declarant consented to the
creation and imposition of the plan of beneficial restrictions contemplated in the Original Declaration.
C. The Properties are a common interest development consisting of a planned
development within the meaning of California Civil Code Section 1351(k).
D. Original Declarant desired to subject the Properties to certain easements, protective
covenants, conditions, restrictions, reservations, liens and charges as set forth in the Original
Declaration referred to above, all of which are for the benefit of all portions of the Properties and for the
purpose of enhancing and protecting the value, desirability, and attractiveness of the Properties and all
of which shall run with the Properties and shall be binding on all parties having or acquiring any right,
title or interest in the Properties, or any part thereof, their heirs, successors and assigns, and shall inure
to the benefit of each Owner thereof.
E. It was the further intention of the Original Declarant to sell and convey to the Owners
residential Lots, some improved with Residences constructed by Original Declarant, subject to the
protective covenants, conditions, restrictions, limitations, reservations, grants of easements, rights,
rights-of-way, liens, charges and equitable servitudes between Original Declarant and such Owners
which are set forth in the Original Declaration which were in furtherance of a general plan for the
subdivision, development, sale and use of the Properties as a “planned development” as that term is
defined in California Civil Code Section 1351(k). Further, it was the intention of Original Declarant
that the Common Area within the Properties be owned and maintained by the Association, and reserved
for the use and enjoyment of the Members of the Association, their tenants, guests and invitees, all
subject to the terms and conditions of the Original Declaration, the Articles and the Bylaws subject to
rights granted in the Agreement and Grant of Open Space Easements made by Original Declarant and
the City of Saratoga which was recorded May 27, 1982 in Book G 811, Page 151, as Document No.
7355769 in the Official Records of Santa Clara County, California.
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F. On the date specified in the Officers' Certification of Amendment attached hereto,
seventy-five percent (75%) of the total voting power of Parker Ranch Homeowners Association voted
by written ballot to amend and restate the Original Declaration, all in accordance with the procedures
for amendment set forth in Article X, Section 3 of the Original Declaration. As so amended and restated
these easements, covenants, restrictions, and conditions shall run with the Properties and shall be
binding on all parties having or acquiring any right, title or interest in the Properties or any portion
thereof, and shall inure to the benefit of each Owner thereof.
NOW THEREFORE, by the making of this Amended and Restated Declaration, the terms
and provisions of the Original Declaration are hereby amended and restated as hereinafter set forth as
easements, restrictions, covenants and conditions which are for the purpose of enchancing and
protecting the value, attractiveness and desirability of, and which shall run with, the Property and be
binding on all parties having any right, title or interest in the described property or any part thereof, their
heirs, successors and assigns and shall inure to the benefit of each Owner thereof.
ARTICLE I DEFINITIONS
Section 1. "Association" shall mean and refer to the PARKER RANCH HOMEOWNERS
ASSOCIATION, its successors and assigns.
Section 2. “Architectural Control Committee” shall mean and refer to the committee that is
established as the Architectural Control Committee pursuant to Article VI, Section 1.
Section 3. “Assessment” shall mean an assessment made or assessed against an Owner and
the Owner's Lot in accordance with the provisions of Article V of this Declaration.
Section 4. “Assessment Lien” shall mean the lien for an Assessment as established pursuant
to Article, V, Section 9, subsection C, of this Declaration.
Section 5. "Bylaws" shall mean the bylaws of the Association.
Section 6. "Board of Directors" or “Board” shall mean a governing body of the Association,
as hereinabove provided, elected pursuant to the provisions of the Declaration.
Section 7. "Common Area" shall mean all real property owned by the Association for the use
and enjoyment of the Owners and other occupants of Residences in the Properties. The Common Area
owned by the Association is described as follows: Parcel A and Parcel B as shown on the Map of Tract
No. 6526 and Parcel A, Parcel B, Parcel C and Parcel D as shown on the Map of Tract No. 6528. The
Common Area also includes that certain Sign and Landscaping Easement recorded July 6, 1992 in Book
M270, Page 0345, et seq., Document No. 11437532 Official Records of Santa Clara County, California
and those additional signage easements as described on those instruments recorded in the Official
Records of Santa Clara County, California as follows: June 28, 2005 as Document No. 18443903;
January 2, 2006 as Document No. 18753533 and on June 5, 2006 as Document No. 18961557.
Section 8. "Declaration" shall mean this Amended and Restated Declaration.
Section 9. “First Lender” shall mean a Mortgagee holding a First Mortgage on a Lot.
Section 10. “First Mortgage” shall mean a Mortgage held by a First Lender, being a Mortgage
that is senior to all of Mortgages on a Lot.
Section 11. "Governing Documents" means this Declaration and any other documents, such
as the Bylaws, the Rules of the Association, or the articles of incorporation which govern the operation
of the Properties or the Association.
Section 12. "Lot" shall mean and refer to any plot of land shown upon the recorded
subdivision map of the property with the exception of the Common Area.
Section 13. "Mortgage" shall mean and include a deed of trust as well as a mortgage in the
conventional sense.
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Section 14. "Mortgagee" shall mean and include a beneficiary under or holder of a deed of
trust as well as a mortgage.
Section 15. "Member" shall mean and refer to every person or entity that holds membership in
the Association.
Section 16. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is a part of the property, including contract sellers, but
excluding those having such interest merely as security for the payment of a debt or the performance of
an obligation.
Section 17. "Property" or “Properties” shall mean and refer to that certain real property
described in Recital Paragraph B and described on Exhibit “A” attached to this Amended and Restated
Declaration.
Section 18. “Reimbursement Charge” shall mean a Reimbursement Charge levied by the
Association on an Owner and the Owner's Lot in accordance with Article V, Section 10 of this
Declaration.
Section 19. “Regular Assessment” shall mean an Assessment levied on an Owner and the
Owner's Lot in accordance with Article V, Section 3, subsection A of this Declaration.
Section 20. “Residence” shall mean all of the residential buildings and other improvements
located on a Lot [other than the Common Area].
Section 21. "Rules" shall mean and refer to the rules adopted by the Association pursuant to
this Declaration.
Section 22. “Special Assessment” shall mean an Assessment levied on an Owner and the
Owner's Lot in accordance with Article V, Section 3, subsection B of this Declaration.
Section 23. "Structure" shall refer to any improvement erected or constructed on the property
with the exception of the improved street itself.
Section 24. “Trustee” shall refer to the trustee appointed or designated by the Association to
enforce Assessment Liens by sale as provided in Article V, Section 9 and California Civil Code Section
1367.1(b).
ARTICLE II BURDENS APPURTENANT TO PROPERTIES
Section 1. Upon the conveyance of any portion of the Property, including the conveyance of
each Lot, each grantee shall accept the same subject to the covenants, conditions and restrictions herein
and shall agree to be bound by the same. The burdens imposed by the covenants, conditions and
restrictions as amended by this Declaration are imposed upon each of the Lots, will constitute a general
scheme for the benefit of all Owners and will be imposed upon grantees by express covenants in deeds
they receive and shall constitute covenants running with the land or equitable servitudes on the land, as
the case may be, and are intended to be binding upon the future Owners of any interest in the Property.
Any breach or interference with any of the rights or benefits herein established may be enjoined or
abated by appropriate proceedings by the Association or any Owner.
Section 2. Failure to enforce any condition or covenant herein shall not constitute a waiver of
the right to do so thereafter.
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ARTICLE III PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment: Every Owner shall have a right and easement of
enjoyment into the Common Area which shall be appurtenant to and shall pass with the title to every
Lot, subject to the following provisions:
(a) After written notice and the opportunity for a hearing before the Board, the right of
the Association to suspend the voting rights and right to use of the Common Area by an Owner for any
period during which any Assessment against his Lot remains unpaid; and for a period not to exceed six
(6) calendar months for any violation of this Declaration or any infraction of the Association’s
published rules and regulations.
(b) The right of the Association to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such conditions as may
be agreed to by the members. No such dedication or transfer shall be effective unless an instrument
signed by two-thirds (2/3) of the Members agreeing to such dedication or transfer has been recorded and
the written acceptance of the Agency to whom it is offered has been obtained.
Section 2. Delegation of Use: Any Owner may delegate, in accordance with the By-Laws, his
right of enjoyment to the Common Area and facilities (if constructed) to the members of his family, his
tenants, or contract purchasers who reside on the property.
Section 3. Other Easements:
(a) Easements for installation and maintenance of utilities and drainage facilities are
shown on the recorded map, as well as open space and scenic easements. Within these easements, no
structure, planting, or other material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities, or which may damage, interfere, or change
the direction of flow of drainage facilities in the easements. The easement area of each Lot and all
improvements in it shall be maintained continuously by the Owner of the Lot, or if in a Common Area,
by the Association, except for those improvements for which a public authority or utility company is
responsible.
(b) No dwelling unit and/or other structure of any kind shall be built, erected or
maintained upon any such easement, reservation, or right-of-way, and said easements, reservations and
rights-of-way shall at all times be open and accessible to public and quasi-public utility corporations,
and other persons erecting, constructing or servicing such utilities and quasi-utilities, all of whom shall
have the right to ingress and egress thereto and there-from, and the right and privilege of doing whatever
may be necessary in, under and upon said locations for the carrying out of any of the purposes of which
said easements, reservations and rights-of-way are hereby granted.
(c) Scenic Easement Agreement. The Agreement and Grant of Open Space Easements
(the “Open Space Agreement”), which includes an open space easement and a scenic easement, was
entered into between the City of Saratoga and the Original Declarant and was recorded on May 27, 1982
in Book G811, Page 151, et seq., Document No. 7375769 of the Official Records of Santa Clara
County, California. Said Open Space Agreement may be amended only with City of Saratoga
permission, and shall be enforced by the Association and may be enforced by the City of Saratoga, at the
City of Saratoga’s discretion. The Scenic Easement areas described in the Open Space Agreement or on
the Final Maps for Tract No. 6526 and Tract No. 6528 are to be kept open and free from buildings,
structures and other improvements except for the rights of the Association and/or the City under the
Open Space Agreement, this Declaration or any trail dedications that are accepted by the City.
Section 4. No Partition: There shall be no judicial partition of the Common Area nor shall any
person acquiring any interest in the Property or any part thereof seek any partition thereof.
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ARTICLE IV – ASSOCIATION; MEMBERSHIP AND VOTING RIGHTS
Section 1. Association to Own and Manage Common Areas: The Association shall own
and manage the Common Area and otherwise operate the Project in accordance with the provisions of
this Declaration, and the Articles and Bylaws. The Board of Directors of the Association is to operate
the Association in accordance with the provisions of the Bylaws unless the provisions of this
Declaration provide otherwise.
Section 2. Membership: The Owner of a Lot shall automatically, upon becoming the
Owner of same, be a Member of the Association, and shall remain a Member thereof until such time as
his ownership ceases for any reason. Membership shall be appurtenant to and may not be separated
from ownership of a Lot. Membership shall be held in accordance with the Articles and Bylaws.
Section 3. Transferred Membership: Membership in the Association shall not be trans-
ferred, encumbered, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to
which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case of
an encumbrance of such Lot. On any transfer of title to an Owner's Lot, including a transfer on the death
of an Owner, membership passes automatically with title to the transferee. A Mortgagee does not have
membership rights until it obtains title to the Lot through Foreclosure or deed in lieu of Foreclosure.
Any attempt to make a prohibited transfer is void. No Member may resign his membership. On notice
of a transfer, the Association shall record the transfer on its books.
Section 4. Membership and Voting Rights: Every Owner of a Lot which is subject to
Assessments shall be a Member of the Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment. As more particularly provided in
the Bylaws, the Association shall have one class of membership. The rights, duties, obligations and
privileges of the Members shall be as set forth in the Articles, the Bylaws, this Declaration and the
Association’s Rules.
Section 5. Duties: In addition to the duties enumerated in its Bylaws, or elsewhere
provided for in this Declaration, and without limiting the generality thereof, the Association shall
perform the following duties:
(a) Maintenance. The Association shall maintain, repair, replace, restore, operate
and manage all of the Common Area as set forth in this Declaration.
(b) Insurance. The Association shall maintain such policy or policies of insurance
as are required by this Declaration, including:
(i) Property insurance covering the insurable replacement value of the
improvements within the Common Area to the extent that the Board determines obtaining such
insurance is reasonable, prudent and appropriate;
(ii) Liability insurance insuring the Association against any liability to the
public or to any Owner, their invitees or tenants incident to their occupation and/or use of the Common
Area, with limits of liability to be set by the Board, such limits and coverage to be reviewed at least
annually by the Board and increased or decreased at its discretion;
(iii) Workman's Compensation Insurance to the extent necessary to comply
with any applicable laws, and such other insurance as may be deemed necessary by the Board of
Directors of the Association;
(iv) Standard fidelity bonds covering all members of the Board of
Directors and all other employees of the Association in an amount which shall be determined by the
Board, as well as Officers and Directors liability insurance;
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(c) Discharge of Liens. The Association shall discharge by payment, if necessary,
any lien against the Common Area, and assess the cost thereof to the Member or Members responsible
for the existence of said lien.
(d) Assessments. The Association shall fix, levy, collect and enforce assessments
as set forth in Article V hereof.
(e) Payment of Expenses. The Association shall pay all expenses and obligations
incurred by the Association in the conduct of its business including, without limitation, all licenses,
taxes or governmental charges levied or imposed against the property of the Association.
(f) Enforcement. The Association shall enforce this Declaration to the extent that
the Board determines is reasonable, appropriate and prudent. The Association shall maintain and
operate the Common Area in accordance with all applicable municipal, state, and federal laws, statutes
and ordinances, as the case may be. The Association shall also, as a separate and distinct responsibility,
ensure that third parties (including Owners and their guests) utilize the Properties in accordance with
the aforementioned regulations. The Association shall, when it becomes aware of any violation of the
aforementioned regulations, expeditiously correct such violations to the extent that the Board
determines is reasonable, appropriate and prudent.
(g) Notification: The Board shall provide the City of Saratoga Planning
Department with a current address or post office box number for the Association.
Section 6. Powers: In addition to the powers enumerated in its Articles of Incorporation
and Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the
Association shall have the following powers:
(a) Easements. The Association shall have authority, by document signed or
approved by sixty-seven percent (67%) of the total voting power of the Association, to grant or convey
to any third person permits, licenses, rights of way and easements in addition to those shown on the
Map, in, on, over or under the Common Area for the purpose of constructing, erecting, operating or
maintaining thereon, therein or thereunder, roads, utilities, overhead or underground lines, cables,
wires, conduits, or other devices for electricity, cable television, power, telephone and other purposes,
public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas
lines or pipes, and any similar public or quasi-public improvements or facilities, and each purchaser in
accepting a deed to a Lot, expressly consents hereto.
(b) Manager. The Association may employ a manager and may employ other
persons and contract with independent contractors, who must be duly licensed when required by law, or
managing agents to perform all or any part of the duties and responsibilities of the Association, except
for the responsibility to levy fines, impose discipline, hold hearings, file suit, or make capital
expenditures.
(c) Adoption of Rules. The Board of Directors may adopt reasonable Rules not
inconsistent with this Declaration relating to the use of the Properties including the Common Area and
all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the
Properties and other Owners. The adoption of any Rules by the Board shall comply with the provisions
of Civil Code sections 1357.130 and 1357.140 as applicable to the Properties. Written copies of such
Rules and any schedule of fines and penalties adopted by the Board shall be furnished to Owners.
(d) Access. For the purpose of performing the maintenance authorized herein or
for any other purpose reasonably related to the performance by the Association or the Board of
Directors of their respective responsibilities, the Association's agents or employees shall have the right,
after reasonable written notice (not less than twenty-four (24) hours except in emergencies) to enter Lot
or the Common Area at reasonable hours. Such entry shall be made with as little inconvenience to the
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Owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of
the Association.
(e) Assessments, Liens and Fines. The Association shall have the power to levy
and collect assessments in accordance with the provisions of Article V hereof. The Association may
impose fines or take disciplinary action against any Owner for failure to pay assessments or for
violation of any provision of the Declaration, Bylaws and/or the Association Rules. Penalties may
include but are not limited to: fines, temporary suspension of voting rights, or other appropriate
discipline, provided that the accused Member is given notice and the opportunity to be heard with
respect to the alleged violations before a decision to impose discipline is made.
(f) Enforcement. The Association shall have the authority to enforce this
Declaration as provided in Article IX, section 1 hereof.
(g) Acquisition and Disposition of Property. The Association shall have the
power to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain,
convey, sell, lease, transfer, or otherwise dispose of real or personal property in connection with the
affairs of the Association. Any transfer of real property shall be by document signed or approved by
sixty-seven percent (67%) of the Members.
(h) Loans. The Association shall have the power to borrow money, and only with
the assent (by vote or written consent) of a majority of the total voting power of the Association, to
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for
money borrowed or debts incurred. Borrowing of money by the Association shall require the assent (by
vote or written consent) of a majority of the total voting power of the Association except that the Board
may borrow on behalf of the Association up to twenty percent (20%) of the budgeted gross receipts of
the Association for the current fiscal year without a vote of the Members.
(i) Contracts. The Association shall have the power to contract for goods and/or
services for the Common Area, facilities and interests or for the Association, subject to limitations
elsewhere set forth in the Articles, Bylaws or this Declaration. The Association shall not enter into any
contract with an independent contractor until the independent contractor submits proof to the
Association that it has procured appropriate worker’s compensation insurance as required by law and
the Association receives adequate proof that the contractor is duly licensed as required by law, and that
the contactor has adequate liability insurance that names the Association as the Board deems
appropriate.
(j) Delegation. The Association, the Board, and the officers of the Association
shall have the power to delegate their authority and powers to committees, officers or employees of the
Association, or to a manager employed by the Association, provided that the Board shall not delegate its
responsibility:
(1) To make expenditures for capital additions or improvements
chargeable against the reserve funds;
(2) To conduct hearings concerning compliance by an Owner or the
Owner’s tenant, guest or invitee with the Declaration, Bylaws or Association Rules promulgated by the
Board;
(3) To make a decision to levy monetary fines, impose Special
Assessments against individual Residences, temporarily suspend an Owner's rights as a Member of the
Association or otherwise impose discipline;
(4) To make a decision to levy Regular Assessments or Special
Assessments; or
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(5) To make a decision to bring suit, record a claim of lien or institute
foreclosure proceedings for default in payment of assessments.
(k) Security. The Association shall have the power to contract for security service
for the Common Area.
(l) Appointment of Trustee. The Association, or the Board acting on behalf of the
Association, has the power to appoint or designate a Trustee to enforce Assessment Liens by sale as
provided in Article V, Section 9 and California Civil Code Section 1367.1(b).
(m) Other Powers. In addition to the powers contained herein, the Board may
exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations
Code Section 7140.
ARTICLE V - COVENANT FOR MAINTENANCE ASSESSMENTS:
Section 1. Creation of the Lien and Personal Obligation of Assessments: Each
Owner of any Lot by acceptance of a deed for that Lot, whether or not it shall be so expressed in such
deed, covenants and agrees:
(1) to pay Regular Assessments, Special Assessments, and
Reimbursement Charges to the Association as established in this Declaration; and,
(2) to allow the Association to enforce any Assessment Lien established
under this Declaration by non-judicial proceedings under a power of sale or by any other means
authorized by law.
The Regular Assessments and Special Assessments, including Reimbursement Charges as
permitted under Article V, Section 10, together with interest, late charges, collection costs, and
reasonable attorneys' fees, shall be a charge on the Lot and shall be a continuing lien as an Assessment
Lien upon the Lot against which each such Assessment is made, the Assessment Lien to become
effective upon recordation of a Notice of Delinquent Assessment. Each Assessment, together with
interest, late charges, collection costs, and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The
personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly
assumed by them. No Owner shall be exempt from liability for payment of Assessments by waiver of
the use or enjoyment of any of the Common Areas or by the abandonment of the Owner’s Lot.
The interest of any Owner in the amounts paid pursuant to any Assessment upon the transfer of
ownership shall pass to the new Owner. Upon the termination of these covenants for any reason, any
amounts remaining from the collection of such Assessments after paying all amounts properly charged
against such Assessments shall be distributed to the then Owners on the same pro rata basis on which
the Assessments were collected.
Section 2. Purpose of Assessments: The Assessments levied by the Association shall be
used exclusively to promote the economic interests, recreation, health, safety, and welfare of all the
Owners and other residents in the Project and to enable the Association to perform its obligations under
this Declaration. The Assessments levied by the Association shall be used exclusively to promote the
recreation, health, safety and welfare of the Owners and other residents in the Properties and for the
maintenance and operation of the Common Area. Said Assessments shall include, and the Association
shall acquire and pay for out of the funds derived from the Regular Assessments for, the following:
(i) Water, sewer, garbage, electrical, lighting, telephone and gas and other
necessary utility service for the Common Area, if any;
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(ii) Property insurance, liability insurance, workman's compensation insurance,
fidelity bonds, officers and directors liability insurance and other insurance determined by the Board to
be appropriate for the Association;
(iii) Maintenance, repair, replacement and all landscaping of the Common Area
and such furnishings and equipment for the Common Area as the Association shall determine are
necessary and proper;
(iv) Planting, irrigation, and maintenance of the landscaping in the Common Areas,
including, but not limited to, graded slopes, erosion control plantings and drainage-ways (both surface
and sub-surface).
(v) Any other materials, supplies, furniture, labor, services, maintenance, repairs,
structural alterations, insurance, taxes or assessments which the Association is required to secure and/or
pay for pursuant to the terms of this Declaration or that is required by law or which in the opinion of the
Association’s Board of Directors shall be necessary or proper for the operation of the Common Area, or
for the benefit of the Lot Owners and/or their interest in the Common Area, or for the enforcement of
this Declaration.
Section 3. Assessments:
A. Regular Assessments: The Board shall establish and levy Regular
Assessments in an amount that the Board estimates will be sufficient to raise the funds needed to
perform the duties of the Association during each fiscal year, including a reasonable contingency.
Regular Assessments shall be made for a one-year period and collected in one annual installment. The
Regular Assessment as of the Effective Date of this Declaration shall be Four Hundred Forty One
Dollars ($441.00) per year subject to modification as herein provided by the Board and the Members.
B. Special Assessments: The Board, at any time, may levy a Special Assessment
in order to raise funds for unexpected operating or other costs, insufficient operating or reserve funds, or
such other purposes as the Board in its discretion considers appropriate. Special Assessments shall be
allocated among the Lots in the same manner as Regular Assessments, except in the case of an
Assessment levied by the Board against a Member to reimburse the Association for costs incurred in
bringing the Member and his Lot into compliance with provisions of the Governing Documents.
Section 4. Restrictions on Increases in Regular Assessments or Special Assessments:
A. Approval of Members for Certain Assessments. Except as provided in
subsection B of this Section 4, without having first obtained the approval of such action by the vote or
written assent of Members casting a majority of the votes at a meeting of the Association at which a
quorum is present, the Board may not: (1) impose a Regular Assessment on any Lot which is more than
twenty percent (20%) greater than the Regular Assessment for the immediately preceding fiscal year or
(2) levy a Special Assessment to defray the cost of any action or undertaking on behalf of the
Association which in the aggregate exceeds five percent (5%) of the budgeted gross expenses of the
Association for that fiscal year. For purposes of this Section 4, a "quorum" means Members
constituting more than fifty percent (50%) of the voting power of the Association. Any meeting of the
Association for purposes of complying with this Section 4 shall be conducted in accordance with
Chapter 5 (commencing with § 7510) of Part 3, Division 2 of Title 1 of the California Corporations
Code and § 7613 of the California Corporations Code. The right of the Board to increase Regular
Assessments by up to twenty percent (20%) over the Regular Assessment for the immediately
preceding fiscal year is subject to the Board having complied with the provisions of California Civil
Code § 1365(a), or having obtained the approval of such increase by the Members in the manner set
forth above in this Section 4.
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B. Assessments - Emergency Situations. Notwithstanding the foregoing, the
Board, without membership approval, may increase Regular Assessments or levy Special Assessments
necessary for an emergency situation in amounts that exceed the provisions of subsection A of this
Section 4, above. For purposes of this Section, an emergency situation is one of the following:
(1) an extraordinary expense required by an order of a court;
(2) an extraordinary expense necessary to repair or maintain the Project or
any part of it for which the Association is responsible where a threat to personal safety on the Project is
discovered; or,
(3) an extraordinary expense necessary to repair or maintain the Project or
any part of it for which the Association is responsible that could not have been reasonably foreseen by
the Board in preparing and distributing the pro forma operating budget, provided, however, that prior to
the imposition or collection of the Assessment, the Board shall pass a resolution containing written
findings as to the necessity of the extraordinary expense involved and why the expense was not or could
not have been reasonably foreseen in the budgeting process and the resolution shall be distributed to the
Members with the notice of the Assessment.
The Association shall provide notice by first-class mail to each Owner of any increase in the
Regular Assessments or Special Assessments of the Association, not less than thirty (30) nor more than
sixty (60) days prior to the increased Assessment becoming due.
This subsection B of Section 4 incorporates the statutory requirements of California Civil Code
§ 1366. If this Section of the California Civil Code is amended in any manner, this subsection B of
Section 4 shall be automatically amended in the same manner without the necessity of amending this
Declaration.
C. Notice for Any Action Authorized Under Section 4: Any action authorized
under this Section 4, which requires a vote of the membership, shall be taken at a meeting called for that
purpose, written notice of which shall be personally delivered or mailed to all Members not less than ten
(10) nor more than ninety (90) days in advance of the meeting specifying the place, day and hour of the
meeting and, in the case of a special meeting, the nature of the business to be undertaken. The action
may also be taken without a meeting pursuant to the provisions of California Corporations Code §7513.
Section 5. Division and Collection of Assessments: Both Regular Assessments and
Special Assessments shall be levied equally among the Lots. Regular Assessments shall be collected on
an annual basis unless the Board directs otherwise. Special Assessments may be collected in one (1)
payment or periodically as the Board shall direct.
Section 6. Due Dates: The Board of Directors shall use their best efforts to fix the
amount of the Regular Assessment against each Lot and send written notice thereof to every Owner at
least thirty (30) days in advance of each Regular Assessment period, provided that failure to comply
with the foregoing shall not affect the validity of any Assessment levied by the Board. The due dates
shall be established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the
Assessments on a specified Lot have been paid. Such a certificate stating that Assessments have been
paid shall be conclusive evidence of such payment.
Section 7. Effect of Nonpayment of Assessments: Any Assessment not paid within
fifteen (15) days after the due date shall be delinquent, shall bear interest at the rate of twelve percent
(12%) per annum from thirty (30) days after the due date until paid, and shall incur a late payment
charge in an amount to be set by the Board from time to time, not to exceed the maximum permitted by
applicable law.
Section 8. Transfer of Lot by Sale or Foreclosure: Sale or transfer of any Lot shall not
affect the Assessment Lien. However, the sale of any Lot pursuant to Foreclosure of a First Mortgage
shall extinguish the Assessment Lien of any Assessments on that Lot (including attorneys’ fees, late
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charges, or interest levied in connection therewith) as to payments which became due prior to such sale
or transfer (except for Assessment Liens as to which a Notice of Delinquent Assessment has been
recorded prior to the Mortgage). Any First Lender who obtains title to a Lot pursuant to remedies in the
Mortgage or through foreclosure will not be liable for the Lot’s unpaid regularly budgeted Assessment
accrued before acquisition of the title to the Lot by the First Lender, and will be liable for fees or costs
related to the collection of unpaid Assessments. No sale or transfer shall relieve such Lot from liability
for any Assessments becoming due after the foreclosure sale or from the lien thereof. The unpaid share
of such Assessments shall be deemed to be an expense of the Association collectible from all of the Lot
Owners including such acquirer, his successors or assigns. If a Lot is transferred, the grantor shall
remain liable to the Association for all unpaid Assessments against the Lot through and including the
date of the transfer. The grantee shall be entitled to a statement from the Association, dated as of the
date of transfer, setting forth the amount of the unpaid Assessments against the Lot to be transferred,
and the Lot shall not be subject to a lien for unpaid Assessments in excess of the amount set forth in the
statement, provided, however, the grantee shall be liable for any Assessments that become due after the
date of the transfer.
Section 9. Priorities; Enforcement; Remedies: If an Owner fails to pay an Assessment
when due, the Association has the right, and option, to bring legal action against the Owner to enforce
collection of the unpaid and past due Assessment, or may impose an Assessment Lien on the Lot owned
by Owner pursuant to the provisions of California Civil Code § 1367.1. Suit to recover a money
judgment for unpaid Assessments and attorneys’ fees, shall be maintainable without foreclosing or
waiving the lien securing the same. The Association shall distribute the written notice described in
subdivision (b) of California Civil Code § 1365.1 entitled “Notice Assessments and Foreclosure” to
each Member during the 60-day period immediately preceding the beginning of the Association's fiscal
year. The notice is to be printed in at least 12-point type.
A. Statement of Charges: At least thirty (30) days prior to the Association
recording an Assessment Lien upon a Lot pursuant to California Civil Code § 1367.1(a), the
Association shall notify the Owner of record in writing by certified mail of the following:
(1) A general description of the collection and lien enforcement
procedures of the Association and the method of calculation of the amount owed, a statement that the
Owner has the right to inspect the Association’s records, pursuant to Section 8333 of the Corporations
Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed:
"IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE
BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT
COURT ACTION".
(2) An itemized statement of the charges owed by the Owner, including
items on the statement which indicate the amount of any delinquent Assessments, the fees and
reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any.
(3) A statement that the Owner shall not be liable to pay the charges,
interest, and costs of collection, if it is determined the Assessment was paid on time to the Association.
(4) The right to request a meeting with the Board as provided by
California Civil Code Section 1367.1(c)(3).
(5) The right to dispute the Assessment debt by submitting a written
request for dispute resolution to the Association pursuant to the Association's "meet and confer"
program required in Article 5 (commencing with Section 1363.810) of Chapter 4 of the California Civil
Code.
(6) The right to request alternative dispute resolution with a neutral third
party pursuant to Article 2 (commencing with Section 1369.510) of Chapter 7 of the California Civil
Code before the Association may initiate foreclosure against the Owner's Lot, except that binding
arbitration shall not be available if the Association intends to initiate a judicial foreclosure.
Note: Any payments made by the Owner toward the debt shall first be applied to the Assessments
owed, and, only after the Assessments owed are paid in full shall the payments be applied to the fees and
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costs of collection, attorneys’ fees, late charges, or interest. The Association need not accept any tender
of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance
of any such tender does not waive the Association's right to demand and receive full payment. When an
Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The
receipt shall indicate the date of payment and the person who received it. The Association shall provide
a mailing address for overnight payment of Assessments.
B. Payment Plan: An Owner may submit a written request to meet with the
Board to discuss a payment plan for the Assessment debt noticed pursuant to subsection 9.A of this
Section 4. The Association shall provide the Owner(s) the standards for payment plans, if any exist. The
Board shall meet with the Owner in an executive session within forty five (45) days of the postmark of
the request, if the request is mailed within fifteen (15) days of the date of the postmark of the notice,
unless there is no regularly scheduled Board meeting within that period, in which case the Board may
designate a committee of one or more Members to meet with the Owner. Payment plans may
incorporate any Assessments that accrue during the payment plan period. Payment plans shall not
impede the Association's ability to record a lien on the Owner's Lot to secure payment of delinquent
Assessments. Additional late fees shall not accrue during the payment plan period if the Owner is in
compliance with the terms of the payment plan. In the event of a default on any payment plan, the
Association may resume its efforts to collect the delinquent Assessments from the time prior to entering
into the payment plan.
C. Notice of Delinquent Assessment: After compliance with the provisions of
California Civil Code § 1367.1(a), the Association may record a Notice of Delinquent Assessment and
establish an Assessment Lien against the Lot of the delinquent Owner prior and superior to all other
liens recorded subsequent to recordation of the Notice of Delinquent Assessment, except (1) all taxes,
bonds, Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge
of any First Mortgage of record recorded prior to recordation of the Notice of Delinquent Assessment.
The Notice of Delinquent Assessment shall include (i) an itemized statement of the charges owed by the
Owner described in Section 9.A(2), above, (ii) a description of the Lot against which the Assessment
and other sums are levied, the name of the record Owner, and (iii) the name and address of the Trustee
authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of
the Association or any management agent retained by the Association and shall be mailed by certified
mail to every person whose name is shown as an Owner of the Lot in the Association’s records no later
than ten (10) calendar days after recordation.
D. Lien Releases: Within twenty-one (21) days after payment of the sums
specified in the Notice of Delinquent Assessment, the Association shall record or cause to be recorded
in the Office of the County Recorder in which the Notice of Delinquent Assessment is recorded a lien
release or notice of rescission and provide the Owner a copy of the lien release or notice of rescission
that the delinquent Assessment has been satisfied.
E. Enforcement of Assessment Lien and Limitations on Foreclosure: The
collection by the Association of delinquent Regular Assessments or delinquent Special Assessments of
an amount less than one thousand eight hundred dollars ($1,800), not including any accelerated
Assessments, late charges, fees and costs of collection, attorney's fees, or interest, may not be enforced
through judicial or non-judicial foreclosure, but may be collected or secured in any of the following
ways:
(1) By a civil action in small claims court, pursuant to Chapter 5.5
(commencing with Section 116.110) of Title 1 of the California Code of Civil Procedure. If the
Association chooses to proceed by an action in small claims court, and prevails, the Association may
enforce the judgment as permitted under Article 8 (commencing with Section 116.810) of Title 1 of the
California Code of Civil Procedure. The amount that may be recovered in small claims court to collect
upon a debt for delinquent Assessments may not exceed the jurisdictional limits of the small claims
court and shall be the sum of the following:
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(a) The amount owed as of the date of filing the complaint in the
small claims court proceeding.
(b) In the discretion of the court, an additional amount to that
described in subparagraph (a) equal to the amount owed for the period from the date the complaint is
filed until satisfaction of the judgment, which total amount may include accruing unpaid Assessments
and any reasonable late charges, fees and costs of collection, attorney's fees, and interest, up to the
jurisdictional limits of the small claims court.
(c) By recording a lien on the Owner's Lot upon which the
Association may not foreclose until the amount of the delinquent Assessments secured by the lien,
exclusive of any accelerated Assessments, late charges, fees and costs of collection, attorney's fees, or
interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the Assessments are more
than twelve (12) months delinquent. If the Association chooses to record a lien under these provisions,
prior to recording the lien, the Association shall offer the Owner and, if so requested by the Owner,
participate in dispute resolution as set forth in Article 5 (commencing with Section 1363.810) of
Chapter 4 of the California Civil Code.
(2) Any other manner provided by law, except for judicial or non-judicial
foreclosure.
F. Foreclosure: The Association may collect delinquent Regular Assessments or
delinquent Special Assessments of an amount of one thousand eight hundred dollars ($1,800) or more,
not including any accelerated Assessments, late charges, fees and costs of collection, attorney's fees, or
interest, or any Assessments that are more than twelve (12) months delinquent, using judicial or
non-judicial foreclosure subject to the following conditions:
(1) Prior to initiating a foreclosure on an Owner's separate interest, the
Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution
pursuant to the Association's "meet and confer" program required in California Civil Code Article 5
(commencing with Section 1363.810) of Chapter 4 of the California Civil Code or alternative dispute
resolution as set forth in California Civil Code Article 2 (commencing with Section 1369.510) of
Chapter 7 of the California Civil Code. The decision to pursue dispute resolution or a particular type of
alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not
be available if the Association intends to initiate a judicial foreclosure.
(2) The decision to initiate Foreclosure of an Assessment Lien for
delinquent Assessments that has been validly recorded shall be made only by the Board and may not be
delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the
Board Members in an executive session. The Board shall record the vote in the minutes of the next
meeting of the Board open to all Members. The Board shall maintain the confidentiality of the Owner or
Owners of the Lot by identifying the matter in the minutes by the Lot number of the property, rather
than the name of the Owner or Owners. A Board vote to approve foreclosure of a lien shall take place at
least thirty (30) days prior to any public sale.
(3) The Board shall provide notice by personal service to an Owner of a
Lot who occupies the Lot or to the Owner's legal representative, if the Board votes to foreclose upon the
Lot. The Board shall provide written notice to an Owner of a Lot who does not occupy the Lot by
first-class mail, postage prepaid, at the most current address shown on the books of the Association. In
the absence of written notification by the Owner to the Association, the address of the Owner's Lot may
be treated as the Owner's mailing address.
(4) A non-judicial foreclosure by the Association to collect upon a debt
for delinquent Assessments shall be subject to a right of redemption. The redemption period within
which the Lot may be redeemed from a foreclosure sale under this paragraph ends ninety (90) days after
the sale.
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In addition to the requirements of California Civil Code Section 2924, a notice of default shall
be served by the Association on the Owner's legal representative in accordance with the manner of
service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of
the California Code of Civil Procedure. Upon receipt of a written request by an Owner identifying a
secondary address for purposes of collection notices, the Association shall send additional copies of any
notices required by this Section to the secondary address provided. The Association shall notify Owners
of their right to submit secondary addresses to the Association, at the time the Association issues the pro
forma operating budget pursuant to California Civil Code Section 1365. The Owner's request shall be in
writing and shall be mailed to the Association in a manner that shall indicate the Association has
received it. The Owner may identify or change a secondary address at any time, provided that, if a
secondary address is identified or changed during the collection process, the Association shall only be
required to send notices to the indicated secondary address from the point the Association receives the
request.
G. Sale by Trustee: Any sale by the Trustee shall be conducted in accordance
with the provisions of §§ 2924, 2924b, 2924c, 2924f, 2924g, 2924h and 2924j of the California Civil
Code applicable to the exercise of powers of sale in mortgages and deeds of trust, including any
successor statutes thereto, or in any other manner permitted by law. The fees of a Trustee may not
exceed the amounts prescribed in California Civil Code §§ 2924c and 2924d. Nothing in this
Declaration shall preclude the Association from bringing an action directly against an Owner for breach
of the personal obligation to pay Assessments or from taking a deed in lieu of foreclosure.
H. Purchase By Association: The Association, acting on behalf of the Lot
Owners, shall have the power to bid for the Lot at a Foreclosure sale, and to acquire and hold, lease,
mortgage and convey the Lot. If the purchase of a Lot would result in a five percent (5%) or greater
increase in Assessments, the purchase shall require the vote or written consent of a majority of the total
voting power of the Association. During the period a Lot is owned by the Association, following
Foreclosure:
(1) no right to vote shall be exercised on behalf of the Lot;
(2) no Assessment shall be assessed or levied on the Lot; and,
(3) each other Lot shall be charged, in addition to its usual Assessment, its
share of the Assessment that would have been charged to such Lot had it not been acquired by the
Association as a result of Foreclosure.
After acquiring title to the Lot at Foreclosure sale following notice and publication, the
Association may execute, acknowledge and record a deed conveying title to the Lot which deed shall be
binding upon the Owners, successors, and all other parties.
I. Suspension of Voting Rights of Delinquent Owner: The Board may
temporarily suspend the voting rights of a Member who is in default in payment of any Assessment.
Any other discipline, fine, or penalty requires a notice to the Member and an opportunity for hearing
before the Board as provided in the Bylaws.
J. Fines and Penalties: In conformity with California Civil Code §1367.1(e),
fines and penalties imposed by the Association for violation of this Declaration as a disciplinary
measure for failure of an Owner to comply with this Declaration or the Rules, except for late payments,
are not “Assessments,” and are not enforceable by Assessment Lien, but are enforceable by court
proceedings; provided, however, pursuant to California Civil Code § 1367.1(d), monetary penalties
imposed by the Association to reimburse the Association for costs incurred for repair of damage to
Common Area or facilities for which the Owner of a Lot or other occupant(s) of the Lot were
responsible may become the subject of an Assessment Lien. In the event that California Civil Code
§1367.1(e) is amended to permit fines and penalties imposed by the Association for violation of this
Declaration as a disciplinary measure for failure of an Owner to comply with this Declaration or the
Rules to be enforceable by Assessment Lien, then this provision shall be deemed amended to conform
to any such amendment of California Civil Code §1367.1(e).
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The provisions of this Section 9 of Article V are intended to comply with the requirements of California
Civil Code Section 1367.1 in effect as of January 1, 2009. If these Sections are amended or rescinded in
any manner the provisions of this Section 9 automatically shall be amended or rescinded in the same
manner. [Note: California Civil Code Section 1367.1 may have been amended by the State Legislature,
and the Board should confirm the current statutory requirements.]
K. Reimbursement Charges: The Board may levy a Reimbursement Charge
against a Member to reimburse the Association for costs incurred by the Association in the repair of
damage to the Common Area and facilities for which the Member (or the Occupant for which the
Member is responsible) was responsible, and in bringing the Member and his Lot into compliance with
the provisions of the Governing Documents. The Reimbursement Charges shall be in the amount
required to reimburse the Association for the actual costs and expenses incurred to enforce the
Association’s rights under this Declaration. Reimbursement Charges shall be payable within thirty (30)
days after written notice from the Board to the Owner(s), unless the Board’s notice provides for a longer
time period for such payment. If an Owner disputes a Reimbursement Charge, the Owner may request a
hearing before the Board.
ARTICLE VI - USE RESTRICTIONS
Section 1. Architectural Control:
(a) No building, garage, fence, wall, retaining wall, or other structure of any kind shall be
erected, constructed, placed or maintained on said property, or any part thereof, nor shall any alteration,
addition, changing, remodeling, or adding to the exterior thereof be made, unless prior to the
commencement of any construction, excavation or other work, two complete sets of plans and
specifications therefore, including front, side and rear elevations and floor plans for each floor and
basement, and two plot plans indicating and fixing the exact location of such structures, or such altered
structure, on the residential building plot with reference to the street and side lines thereof, shall have
been first submitted in writing for approval and approved in writing by the Architectural Control
Committee or its duly authorized agent in accordance with applicable laws.
Approval of such plans, specifications and location of buildings by the Architectural Control
Committee or its duly appointed agent shall be endorsed on both sets of the said plans and specifications
and one set shall forthwith be returned by the Architectural Control Committee to the person submitting
the same to the Architectural Control Committee and the other shall be retained by the Architectural
Control Committee or its duly authorized agent.
(b) The approval by Architectural Control Committee of any plans or specifications
submitted for approval as herein specified shall not be deemed to be a waiver by the Architectural
Control Committee of the right to object to any of the features or elements embodied in such plans or
specifications if and when the same feature or elements are embodied in any subsequent plans or
specifications for approval for use on other Lots.
(c) After such plans and specifications and other data submitted have been approved by
Architectural Control Committee, no building, garage, fence, wall, retaining wall or other structure of
any kind shall be erected, constructed, placed, altered or maintained upon said property unless the same
shall be erected, constructed or altered in conformity with the plans and specifications and plot plan
theretofore approved by Architectural Control Committee, or its duly appointed agent, as hereinabove
provided in this Article VI, Section 1, and the subparagraphs thereof.
(d) If any building, garage, fence, wall, retaining wall or other structure of any kind is
erected, constructed, placed, altered or maintained upon a Lot, other than in accordance with the plans
and specifications and plot plan therefore approved by Architectural Control Committee, such erection,
construction, placing, alteration and maintenance shall be deemed to have been undertaken without the
approval of the Architectural Control Committee ever having obtained as required by this Declaration.
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(e) In the event Architectural Control Committee shall fail for a period of thirty (30) days
after written submittal is made to the Architectural Control Committee to (1) approve or disapprove any
plans, specifications or plot plans submitted to the Architectural Control Committee for approval, or (2)
provide a written notice that the submittal is not complete, the same shall be deemed to have been
approved or (3) make a ruling on a written complaint.
(f) Any agent of the Architectural Control Committee or officer of Association may at any
reasonable time enter and inspect any building or property subject to the jurisdiction of this Declaration
that is under construction or on or in which such agent or officer may believe that a violation of the
covenants, restrictions, reservations, servitudes or easements is occurring or has occurred.
(g) The Architectural Control Committee shall consist of the Board of Directors of the
Association, unless the Board of Directors determines and elects to appoint a separate and distinct
Architectural Control Committee.
(h) The Architectural Control Committee, if appointed, shall consist of three (3) members.
The Board shall have the power to appoint all of the members of the Architectural Control Committee.
Members appointed to the Architectural Control Committee must be Members of the Association. A
majority of the Architectural Control Committee may designate a representative to act for it. In the
event of death or resignation of any member of the Committee, the Board shall appoint a successor.
Neither the members of the Architectural Control Committee nor its designated representatives shall be
entitled to any compensation for services performed pursuant to this Declaration.
(i) No permission or approval shall be required to repaint in accordance with a color
scheme previously approved by the Board or the Architectural Control Committee, or to rebuild in
accordance with plans and specifications previously approved by the Board or by the Architectural
Control Committee. Nothing contained in this Subsection shall be construed to limit the right of an
Owner to paint the interior of the Residence any color desired.
(j) If the application is denied, the Board or the Architectural Control Committee shall
include an explanation of why the proposed change is disapproved and, in the case of a decision by the
Architectural Control Committee, a description of the procedure for reconsideration of the decision by
the Board. A Member whose application is denied by the Architectural Control Committee shall be
entitled to have the application reconsidered by the Board in an open meeting of the Board that satisfies
the requirements of Civil Code Section 1363.05 within thirty (30) days of the notice of denial. This
paragraph does not require reconsideration of a decision that is made by the Board of Directors or a
body that has the same membership as the Board of Directors.
(k) Approval of plans by the Architectural Control Committee or the Board shall in no way
make the Architectural Control Committee or its members or the Board or its members responsible for
or liable for the improvements built after approval of the plans, and the Owner whose plans are
approved shall defend, indemnify and hold the Architectural Control Committee, the Board, the
Association, and its members harmless from any and all liability arising out of such approval.
(l) Following the expiration of one (1) year from the date of completion of any structure or
alteration, such structure or alteration shall be deemed to comply with all of the provisions of this
Article VI, Section 1, and the subparagraphs thereof, unless a written notice of violation of this Article
VI, Section 1 has been received by the Board of Directors or has been recorded in the Office of the
County Recorder of Santa Clara County by the Board or any Owner or legal proceedings shall have
been instituted to enforce such compliance by the Association or any Owner before the expiration of
said one (1) year period.
(m) The Board may adopt Association Rules to establish standards and to implement a fair,
reasonable and expeditious procedure for decisions under this Article VI, Section 1, including prompt
deadlines to respond to an Owner’s application or any request for reconsideration by the Board. The
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Association Rules and the decisions of the Board or the Architectural Control Committee shall comply
with the provisions of Civil Code section 1378 and may not be unreasonable, arbitrary, or capricious.
(n) If the Architectural Control Committee or the Board has determined that an Owner has
constructed an improvement or made an alteration or modification to an improvement located on his
Lot that is not in compliance with the provisions of this Article VI, Section 1, or with an approval
granted in all material respects, and if the Owner fails to remedy such non-compliance in accordance
with provisions of a written notice of non-compliance from the Architectural Control Committee or the
Board, then after expiration of thirty (30) days from the date of such notification, the Association may
commence alternative dispute resolution procedures or commence legal action to compel removal. The
Association may also exercise any of its other applicable remedies under this Declaration, the Bylaws or
under California law. Any costs and expenses incurred by the Association in the discharge of its
responsibilities hereunder, including reasonable attorneys' fees and costs, fees of consultants and
experts, including but not limited to, architects and engineers, may be recovered by the Association
from the Owner by means of a Reimbursement Charge.
(o) The Association shall annually provide the Members with notice of the requirements
for Association approval of physical changes to the Properties. The notice shall describe the types of
changes that require Association approval, and shall include a copy of the procedure used to review and
approve or disapprove a proposed change.
Section 2. Land Use and Building Type: No Lot shall be used except for residential purpose.
No building shall be erected, altered, placed or permitted to remain on any Lot other than one detached
single-family Residence and permitted ancillary structures.
Section 3. Residence Size: The floor area of the main structure located on a Lot shall conform
to the requirements of the City in effect at the time the building permit was issued by the City for the
structure.
Section 4. Building Location: No building shall be located on any Lot nearer to the front line
or nearer to the side street line than the minimum building setback lines in accordance with the City of
Saratoga Ordinances. For the purpose of this covenant, overhangs, steps and open porches shall not be
considered as a part of a building, provided, however, that this shall not be construed to permit any
portion of a building on one Lot to encroach upon another Lot.
Section 5. Driveways: Driveways greater than 50 feet in length and private access roads shall
be maintained at all times in a condition acceptable to the Santa Clara County Central Fire District and
the City of Saratoga.
Section 6. Nuisances: No noxious or offensive activity shall be carried on upon any Lot or the
Common Area, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.
Section 7. Temporary Structures: No structure of temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any Lot or the Common Area at any time as a
Residence either temporarily or permanently.
Section 8. Signs: No sign of any kind shall be displayed to the public view on any Lot or the
Common Area without the prior written consent of the Association except customary name and address
signs, and a “for sale” sign in accordance with Civil Code Sections 712 and 713 on a Lot, or on another
Owners' Lot with that Owners' consent, which “for sale” sign is reasonably located, in plain view of the
public, and is of reasonable dimensions and design and does not adversely affect public safety,
including traffic safety, advertising the property for sale, lease, or exchange, or advertising directions to
the property by the Owner or the Owner’s agent. Any such “for sale” sign shall be promptly removed
upon close of escrow and the site properly restored. A sign identifying a contractor undertaking
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construction or remodeling on a Lot shall be permitted if such sign is of reasonable dimensions and
design and does not adversely affect public safety, including traffic safety and such sign is promptly
removed upon completion of the work.
Section 9. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised,
bred or kept on any Lot or the Common Area. Dogs, cats or other household pets may be kept on Lots
provided that they are not kept, bred or maintained for any commercial purpose.
Section 10. Garbage and Refuse Disposal: No Lot or the Common Area shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or other waste shall only be kept in
sanitary containers. All equipment and containers for the storage or disposal of such material shall be
kept in a clean and sanitary condition which equipment and containers shall be placed in garages or
otherwise appropriately screened from public view. Garbage and trash containers may be placed for
collection outside of the storage location no more than twenty-four (24) hours in advance of the
collection time, and must be removed within twenty-four (24) hours after the collection activity is
completed.
Section 11. Oil and Mining Operations: No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot or the
Common Area, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in
any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
Section 12. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be permitted to remain
on any corner Lot within the triangular area formed by the street property lines and a line connecting
them at points of 25 feet from the intersection of ther street lines, or in the case of a rounded property
corner from the intersection of the street if said property lines are extended. The same sight line
limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the
edge of a driveway or alley pavement. No tree shall be permitted to remain within sufficient height to
obstruct such sight lines.
Section 13. Vehicles: No trailer and/or boat, and/or truck and/or inoperative automobile shall
be kept or stored on:
(a) Any Lot unless enclosed within a carport or garage, or unless it is kept or stored on the
rear 50 feet of the Lot and is not visible from the street; or
(b) the Common Area.
Section 14. Antennas, Towers, Poles or Structures: No antennas, towers, poles, satellite dishes
or any structure to be used for the purpose of receiving radio, television or related signals with the
exception of equipment installed by a duly licensed cable television franchisee, or its successors or
assigns, shall be installed, affixed, mounted or constructed on any Lot so as to be visible to the public
view. Any variation from this covenant shall be subject to review by the Board. Notwithstanding Article
VI, Section 1 of this Declaration and this Section 14, the Board and/or the Architectural Control
Committee shall authorize the installation of antennas or satellite dishes as required by applicable
California and federal laws and regulations. However, such installations are subject to such reasonable
safety rules and reasonable preferred location rules as may be adopted by the Board and/or the
Architectural Control Committee. The installation of any antenna or satellite dish authorized by this
Section 14 shall be subject to the architectural standards which may be adopted by the Board or the
Architectural Control Committee pursuant to this Declaration that comply with applicable laws.
Section 15. Erosion Control Areas: Within the slope areas, no structure, planting or other
material shall be placed or permitted to remain or other activities undertaken which may damage or
interfere with or change the direction of flow of drainage channels or obstruct or retard the flow of water
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through drainage channels. The erosion control and sloped areas of each Lot and all improvements in
them shall be maintained continuously by the Owner of the Lot.
Section 16. Common Area Alteration or Construction: Nothing shall be altered or constructed
in or removed from the Common Area except upon the written consent of the Association and the
written approval by the City of Saratoga.
Section 17. Insurance: Nothing shall be done or kept on the Common Area which shall
increase the rate of insurance relating thereto without prior written consent of the Association, and no
Owner shall permit anything to be done or kept on the Common Area which would result in the
cancellation of insurance on any part of the Common Area or which would be in violation of any
applicable law.
Section 18. Front Yard Landscaping: The front yard area of each Lot shall be landscaped in
an appropriate manner as befits the Project. Each Owner agrees to maintain landscaping within the
front area of his Lot in good condition in a manner that conforms to the standards for front yard
landscaping maintenance that generally prevails in the City of Saratoga. The front area of a Lot shall
be defined as that portion of the Lot commencing at the curb line and extending to the front of the
Residence located on the Lot.
ARTICLE VII - OBLIGATION TO REBUILD
Section 1. Damage and Destruction Affecting Residences - Duty to Rebuild: If all or any
portion of any Residence is damaged or destroyed by fire or casualty, it shall be the duty of the Owner of
said Residence to rebuild, repair or reconstruct said Residence in a manner which will restore it
substantially to its appearance and condition immediately prior to the casualty.
Section 2. Variance in Exterior Appearance and Design: Any Owner of a Residence which
has suffered damage may alter the exterior appearance of the damaged Residence subject to the Owner
applying for and obtaining the approval by the Board, or the Architectural Control Committee, or its
duly authorized agent pursuant to Article VI, Section 1, and the subparagraphs thereof, of any
reconstruction, rebuilding, or repair of his Residence which will change the exterior appearance and
design from that which existed prior to the date of the casualty. Application for such approval shall be
made in writing together with full and complete plans, specifications, working drawings and elevations
showing the proposed reconstruction and the end result thereof. The Board, or the Architectural Control
Committee, or its duly authorized agent, shall grant such approval only if the design proposed by the
Owner would result in a finished Residence in harmony of exterior design with other Residences on the
properties. Failure of the Board, or the Architectural Control Committee, or its duly authorized agent, to
act within thirty (30) days after receipt of such a request in writing coupled with drawings and plot plans
showing the full and complete nature of the proposed change shall constitute approval thereof.
Section 3. Time Limitation: The Owner of any damaged Residence shall be obligated to
proceed with all due diligence hereunder. The Owner shall apply for a building permit for
reconstruction within twelve (12) months after the damage occurs and commence reconstruction within
twelve (12) months after the City issues the building permit for reconstruction and shall complete
reconstruction within twenty four (24) months after the City issues the building permit for
reconstruction, unless prevented by causes beyond their reasonable control.
Section 4. Individual Insurance: Each Owner shall carry property (fire and homeowners)
insurance for one hundred percent (100%) of current replacement cost of all improvements including
the Residence on said Owner’s Lot, with reasonable and appropriate deductibles.
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ARTICLE VIII - CITY IMPOSED CONDITIONS
Section 1. Maintenance Covenant and Enforceability: The Association shall cause the
Common Area, including the landscaping and improvements thereon, to be maintained in good and
orderly condition, repair and maintenance (including, but without limitations of the foregoing, the
replanting and replacing of any trees that may become diseased, destroyed or dead; maintenance of the
earth surface and slopes - both natural and man-made - including subdrains, maintenance of natural
vegetation in the Common Area, repair and maintenance of all drainways natural and man-made,
surface and subsurface - and appurtenate structures, repair and maintenance of private retaining walls
and repair and maintenance of silt retention structures and devices; but not including public street
improvements from back of curb to back of curb, and the earth subgrade therefore, nor public storm
drain conduits and inlet/outlet structures within the outside perimeter of the conduit)to the standards of
acceptability of the City of Saratoga. The Association shall undertake to enforce the obligations of the
Owners to maintain the landscaping and improvements on the Lots in accordance with the standards
stated in this Declaration. In the event the Association fails or refuses to properly keep and maintain
said landscaping and improvements as herein provided, the City shall have the right, but not the
obligation, to cause said upkeep and maintenance to be furnished and to record a lien against the
properties for the amount of costs and expenses incurred by the City in furnishing said maintenance.
Such lien may be enforced by the City in a civil action brought in any court of competent jurisdiction,
or, in the alternative, may be assessed against the properties as a special assessment and collected by the
City (all provisions of law relating to tax delinquency being expressly made applicable thereto).
Section 2. Pools: No pools (except spas) may be constructed or permitted to exist in:
(a) Tract 6528 on Lots 12, 14, 15, 20, 32, 33, 34, 37, 39, 40, 42, 43, 51, 52, 53, 54, 62, 63,
64, 65, 66, 67, 68, 72, and 75;
(b) Parcel J as shown on-the Parcel Map filed for record on July 1, 1982 in Book 504 of
Maps, Page 5, Santa Clara County Records;
(c) Parcels M and N as shown on the Parcel Map filed for record on May 25, 1983 in
Book 513 of Maps, Page 17 in Santa Clara County Records;
(d) Parcel E as shown on the Parcel Map filed for record on September 1, 1982 in Book
504 of Maps, page 8 in Santa Clara County Records.
(e) Pools on the remaining Lots are to be placed on slopes of 30% or less and will be
subject to City Staff design review to insure correct placement in relation to trees and slope. Decisions
of said City Staff may be appealed to the Planning Commission through the Design Review process.
The approvals for pools on Lots 8, 21, Parcels F, L and K are to be reviewed and approved by the
Planning Commission at the time of the Design Review of the main Residence.
Section 3. Recreation Courts: No recreation courts may be constructed or permitted to exist
on any Lot.
Section 4. Design Approval: Construction and remodeling of Residences requires Design
Review Approval by the City as well as review by the Board or Architectural Control Committee
pursuant to Article VI, Section 1, and the subparagraphs thereof.
Section 5. Fences and Walls: Fences, walls and hedges may be constructed or planted
subject to the following rules as adopted by the Saratoga Planning Commission:
A. No more than 50% of a Lot area, exclusive of any portions designated as open
space, may be enclosed by a fence.
B. No solid Fencing shall be permitted as stipulated in Section 15-29.020 of the
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Saratoga city Code (which permits 60 feet of solid fencing to provide privacy).
C. All fence enclosures greater than 50% of the Lot area in existence as of August 8,
1990, may be approved by the Planning Director. Future requests for fence
enclosures exceeding 50% of the Lot area shall be reviewed and approved by the
Planning Commission as a modification to the approved fence plan.
D. All fences shall be set back a minimum of twenty (20) feet from property lines,
except that fences shall be set back thirty (30) feet from the front property line
(the street side).
E. All proposed fence plans shall be submitted to the Planning Director of the City
of Saratoga and to the Board or the Architectural Control Committee for review
and approval.
F. Prior to the Director's approval of the fence plan, a comprehensive landscape
plan shall be reviewed and approved by the Planning Director. Landscaping shall
include indigenous and drought tolerant species that will be complementary to
the vegetation currently within the open space areas. Upon completion of the
fence and landscaping, the Director shall conduct an inspection to insure
satisfactory completion of the landscape plan.
G. Fence styles deemed approved shall be limited to black wrought iron fencing
with no spikes or pointed edges, wood frame fencing with wire mesh and open
wood slat fencing.
H. No fences shall be contiguous with any neighboring fences.
I. Side and rear yard fencing may be located on property line with no setbacks
when such fencing is adjacent to dedicated open space.
ARTICLE IX - GENERAL PROVISIONS
Section 1. Enforcement: The Association, the City, and any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this Declaration. The prevailing party in any
action brought under to enforce or interpret this Declaration shall be entitled to recover its court costs
and attorneys' fees in addition to any other judgment or order that is sought.
(a) Disputes between the Association and any Member of the Association shall be
resolved in accordance with the requirements of Civil Code sections 1363.810 - §1363.840.
(b) Neither the Association nor any Owner or a Member may file an enforcement
action in the superior court unless the parties have endeavored to submit their dispute to alternative
dispute resolution pursuant to the provisions of Civil Code Sections 1369.510-1369.590. This section
applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that
relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated
in Sections 116.220 and 116.221 of the Code of Civil Procedure as may be amended from time to time.
This section does not apply to a small claims action. This section does not apply to an assessment
dispute except as otherwise provided by law.
The Association shall annually provide the Members a summary of the provisions of this Section that
specifically references Civil Code Sections 1369.510-1369.590. The summary shall include the
following language: “Failure of a Member of the Association to comply with the alternative dispute
resolution requirements of Section 1369.520 of the Civil Code may result in the loss of your right to sue
the Association or another Member of the Association regarding enforcement of the governing
documents or the applicable law.” The summary shall be provided either at the time the pro forma
budget required by Section 1365 is distributed or in the manner prescribed in Section 5016 of the
Corporations Code. The summary shall include a description of the Association’s internal dispute
resolution process as required by Civil Code Section 1363.850.
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Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any provisions which shall remain in full force and affect.
Section 3. Term and Amendment: The covenants and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the
Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors
and assigns, until and unless amended, terminated or repealed by the requisite vote of the Owners. This
Declaration may be amended, terminated or repealed, subject to Section 5 of this Article IX, by the vote
by secret written ballot of not less than seventy-five percent (75) of the Owners and the written consent
of the City of Saratoga. Any such amendment, termination or repeal shall be effective when (1) signed
by the President or other duly authorized representatives of the Association certifying that the requisite
votes and consents were duly obtained for such amendment, termination or repeal as required by
applicable law and (2) such amendment, termination or repeal is recorded in the Official Records of
Santa Clara County to become effective.
Section 4. Notices:
(a) Mailing Addresses. Any communication or notice of any kind permitted or
required herein shall be in writing and may be served, as an alternative to personal service, by mailing
the same as follows:
If to any Owner: To the street address of the Owner's Lot or to such other
address as the Owner may from time to time designate in writing to the Association, consistent with
subsection (b) of this Section 4 of Article IX of this Declaration.
If to the Association: At such address as the Board may, from time to time,
designate by resolution.
If to a Mortgagee: To the last known address of the Mortgagee as shown in the
Official Records of Santa Clara County or as specifically designated by the Mortgagee, in written notice
to the Association.
(b) Personal Service Upon Co-Owners and Others. Personal service of a notice or
demand to one of the co-owners of any Lot, to any general partner of a partnership which is the Owner
of record of the Lot, or to any officer or agent for service of process of a corporation which is the Owner
of record of the Lot, shall be deemed delivered to all such co-owners, to such partnership, or to such
corporation, as the case may be.
(c) Deposit in U. S. Mails. All notices and demands served by mail shall be by
first-class mail, with postage prepaid, and shall be deemed delivered seventy-two (72) hours after
deposit in the United States mail in Santa Clara County, California.
Section 5. Rights of Mortgagees/Lenders: No breach of any of the covenants, conditions and
restrictions contained in this Declaration, nor the enforcement of any of its lien provisions, shall render
invalid the lien of any Mortgagee on any Lot made in good faith and for value, but all of those
covenants, conditions and restrictions shall be binding upon and effective against any Owner whose
title is derived through foreclosure or Trustee’s sale, or otherwise. Notwithstanding any provision in
the Governing Documents to the contrary, First Lenders (meaning those Mortgagee’s holding first
Mortgages on Lots) shall have the following rights:
(a) Amendments:
(1) No amendments to this Declaration may change or eliminate any of
the rights of First Lenders unless approved by at least fifty-one percent (51%) of First Lenders (based on
one (1) vote for each First Mortgage owned);
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(2) any action to terminate the legal status of the Project shall require
approval of at least fifty-one percent (51%) of First Lenders (based on one (1) vote for each First
Mortgage owned); and,
(3) Implied approval may be assumed when a Mortgagee fails to submit a
response to any written proposal for an amendment within sixty (60) days after the Mortgagee actually
receives proper notice of the proposal, provided the notice was delivered by certified or registered mail,
with a “return receipt” requested.
(b) First Lenders Rights Confirmed: Any First Lender who comes into possession
of the Lot by virtue of Foreclosure of the Mortgage, or any purchaser at a Foreclosure, will take the Lot
free of any claims for unpaid Assessments and fees, late charges, fines or interest levied in connection
with such claims, against the Lot prior to the time such First Lender or purchaser at a foreclosure takes
title to the Lot, except for fees or costs related to the collection of the unpaid Assessments, claims for a
pro rata share of such Assessments or charges to all Lots including the mortgaged Lot, and except for
Assessment Liens as to which a Notice of Delinquent Assessment has been recorded prior to the
Mortgage.
(c) Distribution of Proceeds of Insurance, Condemnation or Termination: No
provision of the Governing Documents gives an Owner, or any other party, priority over any rights of
First Lenders in the case of a distribution to Owners of proceeds of termination or any insurance
proceeds or condemnation awards for losses to or taking of Lots and/or Common Area.
Section 6. Notification of Sale: Concurrently with the consummation of the sale of any Lot
under circumstances where the transferee becomes an Owner of the Lot, or within five (5) business days
thereafter, the transferee shall notify the Association in writing of such sale. Such notification shall set
forth the name of the transferee and the Owner’s Mortgagee and transferor, the common address of the
Lot purchased by the transferee, the transferee's and the Mortgagee's mailing address, and the date of
sale. Before the receipt of such notification, any and all communications required or permitted to be
given by the Association, the Board, or the Association Manager shall be deemed to be duly made and
given to the transferee if duly and timely made and given to the transferee's transferor. Mailing
addresses may be changed at any time upon written notification to the Association. Notices shall be
deemed received seventy-two (72) hours after mailing if mailed to the transferee, or to the transferee’s
transferor if the Association has received no notice of transfer as above provided.
This undersigned hereby certify pursuant to Section 1355 of the California Civil Code that, in
accordance with the provisions of Section 3 of Article X of the Original Declaration, this Amended and
Restated Declaration has been approved by the affirmative vote of the seventy five per cent (75%) of the
Lot Owners.
IN WITNESS WHEREOF, the undersigned, being the President and Secretary of the Parker Ranch
Homeowners Association, a California non-profit mutual benefit corporation, have executed this
Amended and Restated Declaration of Covenants, Conditions and Restrictions for Parker Ranch
on ________________________, 2009.
Parker Ranch Homeowners Association
__________________________________
__________________________________
President
__________________________________
__________________________________
Secretary
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STATE OF CALIFORNIA )
) SS
COUNTY OF ___________________ )
On _________________________200__ before me, _____________________________, Notary
Public, personally appeared_______________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
___________________________
(Signature)
[Seal]
STATE OF CALIFORNIA )
) SS
COUNTY OF ___________________ )
On _________________________200__ before me, _____________________________, Notary
Public, personally appeared_______________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
___________________________
(Signature)
[Seal]
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Consent of City of Saratoga
The City of Saratoga hereby consents to the foregoing Amended and Restated Declaration of
Covenants, Conditions and Restrictions for Parker Ranch.
Dated: ___________, 2009
City of Saratoga
By: __________________________________
__________________________________
Its: _______________________________
STATE OF CALIFORNIA )
) SS
COUNTY OF ___________________ )
On _________________________200__ before me, _____________________________, Notary
Public, personally appeared_______________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
___________________________
(Signature)
[Seal]
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EXHIBIT “A”
THE PROPERTIES
All that real property located in the City of Saratoga, County of Santa Clara as follows: Tract
No. 6526 recorded on August 23, 1979 in Book 448 of Maps, at Pages 25 to 27; Tract No. 6528
recorded on May 3, 1982 in Book 499 of Maps, at Pages 35 to 41; Parcels A, B, C, D, E, F, G,
H, I and J as shown on the Parcel Map recorded September 1, 1982 in Book 504 of Maps, Pages
6-7; Parcel K as shown on the Parcel Map recorded on March 3, 1983 in Book 509 of Maps, at
Pages 49; Parcel L as shown on the Parcel Map recorded March 7, 1983 in Book 409 of Maps,
at Page 47; Parcels M and N as shown on the Parcel Map recorded May 25, 1983 in Book 513
of Maps, at Page 17 and Parcels P and Q as shown on the Parcel Map recorded November 12,
1985 in Book 551 of Maps, at Page 31.