The social success of our community depends, in large part, on the rules, and restrictions that govern how residents are expected to conduct themselves. The CC&Rs subject all home owners to general covenants, while these Rules and Regulations provide specific guides for day to day living, and address changing circumstances. Without these rules and a means to enforce them, the community living experience could become chaotic indeed. According to Article VIII Section 1-D of our Bylaws, the Board of Directors has adopted these Rules and Regulations to enhance the enjoyment and tranquility for all persons living in the community.
These Rules and Regulations do not supersede or change the Bylaws or CC&Rs in any manner. They do have the same status of law and enforceability.
CASA DE OAKS HOMEOWNERS’ ASSOCIATION
Rules and Regulations
(Revised September 2013)
Table of Contents
Enforcement of Rules and Regulations
General
Pool and Spa Rules
Keys to the Pool Area
Carports and Driveways
Parking
Architectural Rules
Pets
People and Bicycles
Misconduct, Offensive Behavior, and Vandalism
Enforcement of Rules and Regulations
- In order to enforce the CC&R’s, bylaws, articles of incorporation and rules and regulations, the Board of Directors may levy, assess and collect reasonable fines, as established by the Board of Directors (CC&R’s, section 5.4). The fines shall be assessed against the homeowner for violation by the owner, member of his or her family, invitee, licensee or lessee of such owner.
- The standard fines to be levied in the case of violation are as follows:
- First Violation: Written Warning Notice
- Second Violation: $25.00 Fine
- Third Violation: $50.00 Fine
- Subsequent Violations: $50.00 each and potential Legal Action
- If the responsible owner does not contact the management company and confirm the hearing time stated in the notice, or does not appeal the violation notice in writing within ten (10) days of the date of the notice, or by appearing at the hearing, it will be assumed that the responsible owner declines to make an appeal and the fine will be voted upon by the Board.
- It shall also be the Casa De Oaks Homeowners Association policy that any subsequent notice may be turned over to the Casa De Oaks attorney for enforcement by means of an enforcement letter (e.g., states that the subject action must cease and desist immediately). Legal costs for such a letter and further legal court costs will be borne by the responsible owner.
- If a violation is such that it would cause the association to have to hire outside labor and/or purchase materials to repair damage done or to rectify a situation which goes against the rules and regulations and the situation is not rectified by the homeowner within sixty (60) days of the Board of Directors meeting at which the homeowner was able to appear and was deemed responsible. The homeowner will then also be required to reimburse the association for any materials or labor necessary to rectify the situation.
- Willful destruction of property will result in a $100.00 fine with preliminary notice and hearing. This fine will be in addition to costs for damaged property.
- Homeowners are responsible and liable for violations of their family members, guests, licensee, tenants and lessees at any time they are on the premises.
- A violation may be filed by any resident and must be reported in writing, signed with unit and phone number, to the management company
- Upon the reporting of an alleged violation, the Board or Management Company will investigate and if warranted in the sole discretion of the Board and/or Management Company a formal violation letter will be sent to the homeowner involved, informing him or her of the situation.
- Failure to pay levied fines within thirty (30) days from the date of levy may result in the filing of legal action for the collection of the fine, as well as for legal fees, interest and court costs incurred (CC&R’s, section 6.12, 6.13).
- In addition, the voting rights and right to use the recreational facilities may be suspended in accordance with section 5.3 of the CC&R’s.
These rules and regulations apply to all residents of the complex. Owners are responsible for the compliance with these rules and regulations. A violation by family, visitors, and tenants are deemed as a violation by the owner. Your cooperation in abiding by these rules will help preserve the value of your property.
General
- The owner must notify the homeowners association and the management company of the correct names of each owner and mailing address. Owners are required to provide names of tenants if the property is leased. The homeowners association and the management company must be notified of sale and the party sold to when the condominium is in escrow.
- All patios, porches, and balconies shall be kept in a reasonably clean and neat manner. No trash, recycling, junk, storage, construction materials, soil or debris shall be stored or allowed to accumulate.
- Storage Cabinets are allowed. Architectural approval is necessary. Please refer to Architectural Rules section in this document.
- No commercial business activity may be conducted from any unit or carport (CC&R’s 8.1, 8.7)
- Music and/or noise from radios, stereos, television, musical instruments, etc., shall be kept low enough for private individual listening only. This rule also applies to radios used at the pool and also music, etc. coming from individual units, patios and carports. (CC&R’S section 8.4).
- No items of personal property are to be left or stored in the common areas. Items remaining in the common areas after notice to the owner may be thrown away or disposed of as the association sees fit. Trash and garbage are to be deposited in the trash bins provided. (CC&R’s 8.8).
- Recycling is provided at select locations. Only approved materials are to be deposited into bins designated for recycling. Lid to each bin must be closed after depositing recycling. The dumping of any oversized item or contamination of a recycling bin is subject to fine.
- Waste Management provides a large item pickup service free to Casa de Oaks residents, but you must call Integrity Management to arrange the pick up ahead of time. Anyone seen dumping any items without authorization should be reported to management and/or the police.
- All trash must be bagged and placed in the trash bins (not recycling bins). Lids must be closed after each use. Absolutely no dumping of any items, materials, or donation items in, on, around, or near any trash or recycling bin or trash enclosure.
- No exterior clotheslines shall be allowed within the project. (CC&R’s 8.10).
- Each owner shall observe all regulations as established and enforced by the association.
- Sheets may be used as window covering for only thirty (30) days after moving in. Aluminum foil is prohibited at all times. (CC&R’s section 8.11)
- No explosives or flammable products, other than commercially packaged products for common household use shall be brought into or stored in any unit or in the common areas or in the restricted common areas. (CC&R’s section 8.16).
- No signs shall be placed in any window or the exterior of a unit or anywhere in the common area without the written approval of the Board of Directors, except one “For Sale”. (CC&R’s 8.6)
- The repair of any damage to building, recreational facilities or equipment or any other common area property caused by an owner, his family, guests, lessees or employees, contractors shall be at the expense of the applicable owner.
- Climbing on the railing, fences, in the trees or on any structure is prohibited.
- Personal property left in the common area or driveway will be disposed of. All personal property, including but not limited to toys, bikes, tricycles, skates, skateboard, etc. must be kept in the unit when not in use. (CC&R’s sections 8.3, 8.9).
- Bouncing of balls on building walls or garage walls is prohibited.
- Loitering in the driveways and common areas, including the playing of any balls games is prohibited.
- Illegal activities in the complex are prohibited and should be reported to the police immediately.
- Nothing shall be done or kept in or on any unit or common areas which increase the rate of, or cause cancellation of insurance for the association. Such a person shall be personally liable to the association (CC&R’s 6.10 and 8.16).
- Each owner shall observe all rules and regulation regarding care and preservation of native oak trees located within the development (CC&R’s 8.18).
Pool and Spa Rules
- Pool and Spa hours: 9:00 A.M. to 11:00 P.M.
- The pool gate shall be kept locked and closed at all times.
- The number of guests should be limited to two (2) per household at any given time in addition to any homeowner(s). Direct family members of owners do not count as guests. Guests must be accompanied by an adult. Guests are not permitted to use the pool and spa facilities without the presence of the homeowner.
- All persons using the pool area and spa do so at their own risk. The homeowners association is not responsible for accidents or injuries. There is no lifeguard on duty. All children under fourteen (14) must be accompanied by an adult 18 years or older at all times when using the pool facilities.
- Care is to be taken after 9:00 P.M. to limit all noise. This includes the careful closing of gates.
- No skateboards, bikes, tricycles, pets, inner tubes, rafts, surfboards, boogie boards, etc., around the pool and walkways of the common areas. No metal toys are allowed in the pool or spa.
- Proper attire (e.g. no cut off jeans) must be worn in the pool and spa. Any person in diapers must wear rubber pants in the pool. No person wearing diapers is allowed in the pool without rubber pants.
- No personal belongings or trash shall be left at the pool area.
- No glassware of any kind is allowed in the pool or spa areas.
- No intoxicated persons allowed in the pool, spa, or pool area at any time.
- No use of soap or similar products in pool or spa.
- Running, rough play, boisterous conduct, yelling, screaming and/or unreasonably loud music, talking or other noise is prohibited in the pool area at any time.
- Unauthorized persons shall not enter the pool filter housing area or make any adjustments to the pool and spa heaters. If repairs or adjustments are needed, the management company or a Board Member should be notified.
- No dogs, cats or animals of any kind are allowed in the pool area at anytime.
- Patio furniture is not to be removed from the pool area. If homeowners bring their own furniture to the pool area, they are not to leave it at the pool area when they depart.
- Pool chairs and lounges may not be reserved for long periods (more than 15 minutes).
- Each owner shall be liable for any damage to the spas, pool, pool area, bathroom, pool furniture, landscaping or any other improvements thereon, resulting from misconduct of the owner, his or her family, tenants, lessees, or guests.
Keys to the Pool Area
- A key card to the pool area is issued to each homeowner at the close of escrow. The keys are electronic and assigned to each unit. They shall not be duplicated, and only one key card is allowed per unit.
- Periodically, you may be asked to show your key card to identify yourself. This is done for the security of all homeowners. Your cooperation and understanding will be appreciated.
- Pool key must be turned over to new owners at escrow.
- The Board of Directors approved the following revision to Rule #10 Effective October 16, 2007:
If a replacement pool card key is required for any reason, the Association will deactivate and reissue a new card key at a cost of $125.00 payable to Casa De Oaks HOA prior to the issuance of a new pool gear key card. Only one (1) card key is permitted per home.
Carports and Driveways
- Carports and open parking spaces are assigned to each unit, as described in the CC&R’s. (CC&R’s 8.14).
- Use of carports or assigned open parking space other than those assigned to your unit by any resident is prohibited. Visitor parking places are for visitors only, not residents.
- Carports shall be used for vehicle parking only and shall not be converted for living, recreational activities, or excessive storage. (CC&R’s section 8.9).
- Vehicles in assigned spaces and carports should be in operating condition. Any vehicle that appears to be inoperable for over 30 days, may, at the discretion of the Board be subject to violation letters, fines, and removal for the safety and maintenance of the association. (CC&R’s section 8.14 D, E).
- Five (5) M.P.H. speed limit should be observed in the driveway areas.
- The storage of gasoline and other volatile fluids is strictly prohibited in the carports storage area. (CC&R’s section 8.9).
- Excessive noise in carports or driveways is prohibited. This includes revving of engines, loud motorcycles, loud music from carports or car, etc. (CC&R’s sections 8.4, 8.15).
- Loitering in driveways is prohibited.
- Residents are responsible for keeping their carports in a neat, clean, safe and attractive condition at all times and to bear the cost of such maintenance.
- No auto/vehicle repair work is allowed in carports, parking spaces or driveways.
Parking
- Parking is permitted in designated parking spaces only.
- No recreational vehicles, vacation, hauling or boat trailers or campers units shall be parked in any parking space or in any driveway within the project. (CC&R’s, 8.14 B).
- No vehicle shall be parked overnight for more than two (2) consecutive days (72 hours) in a visitor’s parking space. Violators will be towed at vehicle owner’s expense.
- Storage of inoperative vehicles is not permitted in open parking spaces.
- Automobile overhaul or maintenance work is prohibited anywhere in the development.
- No vehicle belonging to an owner or guest shall be parked in such a manner as to interfere with access to any garage, driveway, open parking space, building entrance or trash receptacle enclosure.
- Residents are responsible for informing their guests of parking regulations.
Architectural Rules
- Any exterior alterations of any type, including but not limited to, balconies, patio, carports and restricted common area, are prohibited without prior written approval from the Board of Directors. Address your request for approval to the board, in care of the management company, who will forward a copy of the Board of Directors.
- Approval by the architectural committee does not constitute approval by the city, nor does approval by the city constitute approval by the Board of Directors or architectural committee.
- All submissions to the architectural committee must be in writing on 8 1/2 x 11 sheet of paper and show the nature, color, shape, height, materials and location of the proposed alteration. Also it must show the unit number, owner’s name and number at which they can be reached between 9:00 A.M. and 5:00 P.M. as well as home telephone number where the applicant can be reached after these hours. Please enclose two (2) copies of your submission.
- For interior additions and alterations, refer to limitations imposed by the CC&R’s.
- No electrical installation for antennas for televisions, radios, machines or air conditioners or wiring that protrudes allowed. Normal radio, stereo and television installations within a unit by a qualified professional are allowed.
- If an architectural change is made without approval of the Board of Directors, the owner has thirty (30) days to remove the change or appeal to the board. If in thirty (30) days the owner has not complied they will be required to remove the change and/or will be subject to any cost incurred.
- If the alteration is approved by the board, it shall be installed strictly in accordance with the plans approved.
- Each completed alteration must receive a final approval. If for some reason the change does not meet the original plan or the expectations of the Board of Directors, it will then have to be corrected in accordance with the original plan or a new proposal at the owner’s expense.
Pets
- Normal household pets such as dogs, cats, birds, etc., must be kept under reasonable control at all times. Dogs or other pets are not allowed in the common areas without a leash held by a person capable of controlling them (CC&R’s, section 8.5).
- Any pet that is not controlled or any noise by pets that continuously disturbs other owners will be considered a nuisance and will not be allowed to remain on the premises. (CC&R’s, section 8.5). Unleashed dogs will be subject to being turned over to the animal shelter.
- A maximum of two (2) usual and ordinary household pets each are permitted in each unit.
- Pet owners are required to pick up their pet’s waste and dispose of it in a sanitary manner. The association has the right to ask that the pet be removed if owners does not comply (CC&R’s, section 8.5).
- Pet owners shall be responsible for any damage to persons or property caused by their pets. (CC&R’s, section 8.5).
- If pets are kept on patios or balconies, their environment must be kept clean at all times and their activity must not disturb the surrounding neighbors.
- No pet shall be kept, bred, or maintained for any commercial purpose. (CC&R’s, section 8.5).
People and Bicycles
- People may play outside in the common area between 9:00 A.M. and Dusk in such a manner that it doesn’t create unreasonable noise.
- Anyone requiring adult supervision for their protection are to be supervised at all times by a responsible person while in any common area.
- Skateboards, roller skates, scooters and big wheels are prohibited in all common areas.
- Use of riding toys defined as bicycles and tricycles in the complex is permitted only between 9:00 A.M. and 6:00 P.M. and only in areas safe to do so. Supervision by an adult or responsible party is required for safety.
Misconduct, Offensive Behavior, and Vandalism
- A monetary penalty may be assessed in the amount of $100.00, plus actual costs of repairs for damages, and or common area (pool/spa) privileges may be revoked for up to six (6) months, for any misconduct, offensive behavior or vandalism witnessed by at least one (1) separate household in addition to the reporting party, and a police report is filed reporting the incident.