The below information is provided so our Guests can responsibly and courteously enjoy their time at the Top of the Beach condominiums.
Tenant & Renter Rules and Regulations
- Section 1. INTRODUCTION
- Section 2. GENERAL RULES
- Section 3. PARKING RULES
- Section 4. PET RULES
- Section 5. STORAGE AND DECKS / BALCONIES
- Section 6. VIOLATIONS ENFORCEMENT AND FINE POLICY
1. The Tenant & Renters rules and regulations contained herein are intended to help us all. They are legally binding because they are a restatement of some of the “Bylaws of the Top of the Beach Homeowners’ Association,” (ByLaws); and of the “Declaration of Covenants, Conditions and Restrictions for Top of the Beach Homeowners’ Association.” (CC&Rs), all contained in the “Homeowners’ Association Legal Documents” package that was given to you by the person or entity renting to condominium to you.
2. The rules and regulations are intended to insure that the condominiums are safe, well-maintained, clean, comfortable, and aesthetically pleasing and to motivate us to be good neighbors. Please read them carefully.
3. Unlike an apartment each unit is owned by a different homeowner. Therefore, any problem within that unit or its parking space is the responsibility of the individual homeowner. As a renter, contact you landlord concerning this matter. Areas outside the units are “common areas” of “exclusive use common areas” which are the unit balconies and decks owned by all the homeowners collectively and fall under the supervision of the Property Manager.
4. Problems with any common area should be reported to the Property Management Company, Property Management Consultants, Inc. (PMC), 3511 Camino Del Rio South, Suite 206, San Diego, CA 92108, tele(619) 528-4200,ext. 110, Attn: Ms. Fern Einhorn, Association Manager.
2.1 Occupancy: Maximum occupancy of the units: Redondo Court – 4 persons; Ocean Front Walk – 6 persons.
2.2 Use of living units:
- 2.2.1 Sink and sewer drainage lines: No grease, rice, diapers or other debris likely to cause blockages shall be put into sinks of toilets. Tenants and Renters are liable to the Owner for plumbing clearance costs.
- 2.2.2 Sand removal: Please remove sand at the Redondo Court outside shower before entering units. Sand in the bathtub drains cause blockages.
- 2.2.3 Balcony, walkway and stairway cleaning: Occupants shall not sweep debris or water off the unit balconies, nor off the balcony passageways of stairways of the Ocean Front Walk building. It is inconsiderate to other occupants and may cause staining or damage to automobiles and the buildings’ paint.
- 2.3.1 Quiet hours: Quiet time should be observed from 10:00 P.M. to 7:00 A.M. weekdays, and 11:00 P.M. to 8:00 A.M. weekends.
- 2.3.2 Noise: All noise should be confined to the units, such as barking dogs, yelling, slamming doors, music, TV, radios and other noise-making devices.
- 2.3.3 Other behaviors: Also prohibited are offensive loitering, accompanied by unnecessarily loud voices, abusive or offensive language, fighting, serving or selling alcohol to persons under the legal age; using, selling of distributing drugs or narcotics, or other illegal or immoral acts. Residents are requested to report such offenses to the San Diego Police Department.
- 2.3.4 Smoking : Smoking is not permitted anywhere in the common area – no smoking on walkways, balconies, patios, garages, elevators. Smoking is limited to the interior of the unit subject to owners rules, and off Association property.
2.4 Clogged drainage lines: Tenants and Renters owners may be responsible for clogged drainage lines regardless of who calls a plumbing service.
2.5 Key replacement: Replacement for lost security ( MEDECO) keys will cost $100 and broken key replacement $10.00.
2.6 Barbecues: Charcoal briquette barbecues are no longer allowed due to the fire danger they impose. Gas with small portable propane cartridge only. Electric barbecue use is limited to the unit balconies and decks only. There is no common area space for barbecuing, and use of the tiled passageways on the east side of Ocean Front Walk and the north side of Redondo Court is not allowed. Damage caused to the buildings by barbequing will be charged to the responsible unit owner. Violation of this regulation may impose an immediate $100 fine.
2.7 Common areas: 2.7.1 Damaged: Damage to any part of the common areas of building exterior will be charged to the unit owners responsible. Owners are responsible for the actions of their tenants and guests and will pass along any costs of repairing damage. 2.7.2 Bicycles, etc: Use of bicycles, skateboards, roller blades, roller skates and the like are not permitted on the common areas, such as stairways, balconies, passageways, parking spaces, elevators or the garage. Ball throwing against any surface of the property is not allowed.
2.8 Elevators, gates and doors: Propping open the garage security gates, the security doors and the elevators is prohibited. Pedestrians are requested to use the Redondo Court stairway entrances rather than the security gates for entering and leaving the building.
2.9 Emergencies: Gates which do not open, elevators that do not work and water leaking excessively are possible emergencies and should be reported immediately to the maintenance man, or to PMC, Ph (619) 528-4200. Emergency phone numbers are posted on each building’s bulletin board by mailboxes.
3.1 Unauthorized areas: All vehicles, including motorcycles, improperly parked or parked in unauthorized areas, including fire lanes and sidewalks, may be subject to a fine to the unit owner or may be towed away at the owner’s expense, plus a $25.00 processing fee.
3.2 Space use: An automobile and a motorcycle or other similar motorized vehicle may occupy the same parking space as long as the combined length does not protrude beyond the owner’s assigned space and whose width (not applicable to #12, 26, 32, and 39) provides a minimum of eight inches buffer on each side between the vehicle and the parking stripe. No parking space may be converted into a use that would preclude its use as a parking space, including storage of any kind.
3.3 Maintenance and repairs:
- 3.3.1 Washing, etc: Car washing, maintenance, including oil changes, and repairs, other than emergency, are not permitted. An immediate $50 fine may be assessed.
- 3.3.2 Oil leaks: Oil leaks from vehicles will be cleaned by the Association and the tenant or renter will be billed $25.00 by the unit owner.
3.4 Leasing: Only unit owners, guests or tenants may use the parking spaces. Leasing of parking spaces to other than unit owners of tenants is prohibited.
3.5 Visitors: There are no visitor parking spaces within the complex.
3.6 Risk: Parking is at your own risk. No insurance provided.
3.7 Towing authority: Owners or lessees of a unit are authorized to order the towing of any vehicle parked in their space without their authority.
3.8 Type vehicles not allowed: No truck, camper, RV, trailer of boat shall be parked in any parking space without written approval of the Board.
4.1 County laws: Owners must comply with the County laws and regulations with respect to control and health of pets.
4.2 Restriction: Each unit may have a maximum of one common household pet, weighing no more than 20 pounds at full growth.
4.3 Control and responsibility: Dogs must be on a leash when outside individual patios or living quarters. Owners must promptly clean up after their pets. Dogs may not be tied up nor exercised in the common areas and barking dogs which must be silenced.
4.4 Liability: Each tenant or renter is liable to the owner and all other residents or guests for any damage to either persons of property by any pet brought onto the premises.
4.5 Other: No known vicious or aggressive animal may be kept within the complex.
4.6 Assistance Animals: Under the Federal Fair Housing Act (FHA), assistance animals are trained service animals or untrained animals that perform tasks and/or provide emotional support (“support animals”). Assistance animals are not considered pets and are allowed if the individual needs the animal due to their disability.
5.1 Decks and balcony use: Decks and balconies are not meant for storage of anything but plants in raised saucers, patio furniture and recreational equipment such as surfboards, boogie boards, bicycles, sand toys etc. Do not sit, or place objects on or against, the balcony railings. Exceptions are towels which may be dried over the railings, but must be removed when dry.
5.2 Storage units: Each unit has a storage unit of some type to be used as the owner sees fit. Common areas may not be used for storage.
5.3 Bicycles: Owners may park two bicycles within their parking space as long as the combined space used does not interfere with adjacent cars or project into the Strand Way. Bicycles may not be secured to any building pipes, conduits or supports. All other bicycles must be kept within the living units and may not be left on balconies, passageways or other common areas. The Homeowners’ Association assumes no responsibility for damage of theft.
5.4 Other Storage: Outside of assigned storage units there is no common area space available for storage of various items. Surfboards, boogie boards and the like may not be stored in parking spaces. Parking spaces may be used only for storage of motorized transportation vehicles or bicycles.
6.1 Reporting violations: Violations of Rules and Regulations can be brought to the attention of the Management Company by contacting the Property Manager by anyone observing misconduct of violations. Notifications of violations can be made in writing, email or a documented phone conversation with the Property Manager.
6.2 Written notice to Unit Owner: Since the Board has no power to fine tenants, the fines will be levied against the unit owner who may then pass them on to the tenants at their discretion.
6.3 Board’s Right of Unlawful Detainer: Paragraph 2.4 of the CC&Rs states (paraphrasing) that the Association, through the Board of Directors, may take action, including Unlawful Detainer, against a tenant for violation of the CC&Rs if the owner doesn’t take action within 10 days after receipt of a written demand from the Board.
6.4 Rights of the Accused: The recipient of a violation letter has the right to plead his/her case at a Board meeting, or in writing to the Management Company or Board of Directors, before paying a fine or reimbursement for damaged property. Said response must be initiated within 20 days of notice of violation.
6.5 Appeal Procedure: Appeals in person or in writing will be considered by the Board and a decision rendered in writing to the appellant. Appeals should be mailed to PMC. Appeals will be automatically rejected if not made within 20 days after notification of the violation.
6.5 Board powers: The Board will have the power to lower or dismiss fines but will not have the power to increase fines or dismiss costs of replacement, repair or compensation.