Phase 1, Parcel 1 of Parcel Map No. 79-756
City of Orange, County of Orange
State of California
Section 1. One Use, Business Usage Prohibited
All units in the project shall be used solely for single family residences.
Section 2. Maintenance of Unit
The owners shall maintain in good repair, the interior of their units and shall have the exclusive right, at their sole cost and expense, to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, windows and doors bounding their respective units. If an owner fails to so maintain this unit or make repairs thereto in such manner as may be deemed necessary in the judgment of the Board, to preserve and protect the attractive appearance and value of the project, the Board shall give written notice to such owner stating with particularity the work of maintenance or repair which the Board finds to be required and requesting that same be carried out within a period of sixty (60) days from the date such notice is given. If such owner fails to carry out such maintenance or repair within the period specified in the notice, the Board shall cause such work to be done and shall assess the cost thereof to such owner, such assessment to be due and payable within thirty (30) days after the Board gives written notice thereof.
Section 3. Other Structural Changes
No owner shall, at his own expense or otherwise, make any alteration, addition or modification to the building in which his unit is located, or to any part or portion of the Common Area without the prior written approval of the Board. With respect to the installation of awnings, sunshades, screen doors and other minor installations to any individual unit, the prior written consent of the Board shall be exercised with a view toward promoting uniformity and thereby enhancing the attractiveness of the property as a whole. No radio or television receiving or transmitting antennae or external apparatus shall be installed on any unit or in or on any part of the Common Area, without the prior written approval of the Board. Normal radio and television installations within an individual unit are excepted.
Section 4. Signs
The owner of a unit or his agent, may display a sign of customary and reasonable dimension, advertising his unit for sale or lease, which sign shall be of a professional type and of dignified appearance, and shall be placed in some appropriate location as determined by the Board, on the Common Area open to public view. The owner or his agent may include advertising on the sign that indicates:
(a) the property is for sale, lease or exchange;
(b) the agent's or owner's name; and
(c) the address and telephone number of the agent or owner.
Such sign may also be the sign of a licensed real estate broker engaged by an owner for the purpose of selling or leasing his unit. Nothing herein contained shall prohibit or restrict in any way, Declarant's right to construct such promotional signs or other sales aids on or about the portions of the premises which it shall deem reasonably necessary in conjunction with its original sales program for a period not to exceed three (3) years after issuance of the Final Subdivision Report.
Section 5. Offensive Activity
No owner shall permit or suffer anything to be done or kept on the project which shall increase the rate of insurance thereon, or which shall obstruct or interfere with the rights of other owners, or annoy them by unreasonable noises or otherwise; nor shall he commit or permit any nuisance on the project, or commit or suffer any immoral or illegal act to be committed thereon. Each owner shall comply with all applicable ordinances and statutes and with requirements of local and/or state Boards of Health with respect to the occupancy and use of his unit.
Section 6. Owner Liability
Each owner shall be liable to the Board for any damage to the Common Area or to any equipment or improvements thereon, which may be sustained by reason of the negligence or willful misconduct of said owner or of his family members, relatives, guests or invitees both minor and adult, to the extent that any such damage shall not be covered by insurance. Said owner shall be assessed by the Board for the cost of repair or replacement thereof, together with costs and attorney's fees, such assessment to be due and payable within thirty (30) days after written notice thereof. In the case of joint ownership of a unit, the liability of such owners shall be joint and several. In the event of personal or property damage sustained by any one person while physically within the unit or private balcony or patio, and in the further event any other owner shall be sued or claim made against him for said injury or damage, the owners(s) of the unit(s) in which said injury or damage occurs shall fully indemnify and hold harmless any such other owners against whom such claim shall be made, and shall further defend any such other owners, at their own expense in the event of litigation of such claim, provided that such protection shall not extend to any other owner whose own negligence may have caused or contributed to the cause, of any such injury or damage.
Section 7. Common Area Improvements
No fence, hedges or walls shall be erected and maintained on the Common Area except such as are installed in accordance with the initial construction of the buildings located thereon or approved in writing by the Board and further, no building, fence, structure or wall shall be constructed on any of the open spaces, unless approval therefore has been specifically obtained from the appropriate department of the City of Orange.
Section 8. Child Provision
(a) With respect to Phase I, Units 62 to 112 inclusive, 114 to 124 inclusive, 202 to 212 inclusive and 214, each owner shall be accountable to the remaining owners for the conduct and behavior of children residing in or visiting in his condominium. However, with respect to Phase II, Units 125 to 210 inclusive and 215, and Phase III, units 1 to 12 inclusive and 14 to 61 inclusive, no children under the age of eighteen (18) years may reside in or visit in a unit for continuous period not in excess of two (2) weeks during any six (6) month period. Each owner shall be accountable to the remaining owners for the behavior and conduct of children temporarily residing in or visiting his unit. There shall be conditional exception to the foregoing as follows: with respect to those units in Phase II and III where any of the tenants in possession thereof, have children under the age of eighteen (18) years as of the date of issuance of the original Final Subdivision Public Report issued by the California Department of Real Estate, and any of said tenants elect to purchase his unit pursuant to the rights (unless a written waiver of these rights has been previously obtained) granted him under California Government Code Section 66427.1 then and in that event, such tenant in possession, may be excluded from that portion of this Section 8. Prohibiting the permanent residency of children under the age of eighteen (18) in Phase II and III to another by such purchasing tenant, his grantee, purchaser, assignee, leasee or transferee, shall be bound by the prohibition against permanent occupancy of children under the age of eighteen (18). It is therefore declared to be the intent of Declarant to to allow existing tenants in Phases II and III with children under the age of eighteen (18) to purchase their respective units should they so desire, but upon the sale, lease, or transfer by them, their purchasers, leasees or transferees are intended to be subject to prohibition against permanent residency by children under the age of eighteen (18) years.
Section 9. Parking Restrictions
No automobile, trailer, camper, boat or similar-type vehicle shall be permitted to remain on any portion of the Common Area, except for those areas designated as "guest parking" by the Board, for a period not to exceed twenty-four (24) hours. No unit owner shall park his vehicle or allow his guests and/or tenants to park their vehicles in any space other than that assigned to the owner and any spaces designated as "guest parking spaces." Further, the City of Orange may enforce the parking laws and ordinances on private streets under Sections 21107.5 or 21107.7 of the California Vehicle Code, if the City, in its discretion, determines that such enforcement is required, in addition to other remedies that may be available to unit owners and to the Association.
Section 10. Rubbish
Trash, rubbish and trash bins shall not be permitted to remain on any portion of the Common Area, except on the day(s) scheduled for trash collection.
Section 11. Pets
No animals, livestock, reptiles or poultry shall be kept in any unit, except that usual and ordinary domestic dogs, cats, fish and birds (in inside bird cages) may be kept as household pets within any unit; provided:
(a) they are not kept, bred or raised for commercial purposes or in unreasonable numbers; and
(b) prior written approval of the Board is first obtained.
As used herein, "unreasonable numbers," shall be determined by the Board but, in no event, shall such term be construed so as to permit the maintenance by any owner of more than two (2) animals per unit. The Association shall have the right to prohibit the maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to any other owner. Animals belonging to owners, occupants or their licensees, tenants or invitees within the property, must be either kept within the unit or enclosed patio, or on a leash being held by a person capable of controlling the animal. If any animal belonging to an owner, is found unattended outside of the unit or enclosed patio, or not being held on a leash by a person capable of controlling the animal, such animal may be removed by Declarant, so long as Declarant owns any interest in any portion of the project, other occupant or owner within the project, or a person designated by them to do so , to a pound under the jurisdiction of the City and subject to the laws and rules governing the same, or to a comparable animal shelter. Further, any owner shall be absolutely liable to each and all remaining owners, their families, guests and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept within the project by an owner or by any members of his family, tenants or guests. It shall be the absolute duty and responsibility of each owner to clean up after his animals which have used any portion of the Common Area. Notwithstanding the foregoing, nothing herein contained shall be construed in such a manner as to permit the maintenance of any animal contrary to any ordinance of the City.
Section 12. Association Maintenance and Declaration Authority
The Board, or its duly appointed agent, including the manager, if any, shall have the exclusive right to paint, decorate, repair, maintain, alter or modify the exterior walls, balconies, railings, exterior door surfaces, roofs and all installations and improvements on the Common Area, and no owner of a unit shall be permitted to do or have done any such work. The prior written approval of the Board shall be required for installation of any awnings, sunshades or screen doors. The restrictions set forth herein shall not apply to the initial construction of the buildings or improvements made thereto, by Declarant.
Section 13. Exploration of Minerals
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted on or in the project, or within five hundred (500) feet below the surface of the property and no derrick or other structure designed for use in boring for water, oil or natural gas, shall be erected, maintained or permitted on any portion of the project.