The below information is provided so that owners can responsibly and courteously enjoy their condominiums.

Top of the Beach HOA Governing Documents

The 2014 Restated Davis-Stirling Act of California
HOA Articles of Incorporation
HOA By-Laws
HOA CCR’s
HOA Rules and Regulations

Top of the Beach HOA Specific Policy and Procedures

HOA Election Procedures
HOA Unit Remodel/Repair Procedures (Architectural Review Form)
HOA Common Property Upgrade Request Procedure (Common Property Request Form
HOA Unapproved Changes to a Unit’s Common Property Policy
HOa Procedure for Bringing an Issue or Motion Before the HOA Board

Miscellaneous Information for Owners

HOA Common Area Insurance Information
Remote Garage Door Openers
Process to Select Board President
2020 Flooring Committee Report
2020 Acoustic Analysis of TOB Buildings
2021 Flooring FAQs

HOA Articles of Incorporation

The below is an OCR document taken from a .PDF scan of the Articles of Incorporation. It is provided as a convenience to owners. DISCLAIMER, the below is not a substitute for a true and legal copy of the Articles of Incorporation that were provided to the owner upon purchase.

ARTICLES OF INCORPORATION FOR TOP OF THE BEACH HOMEOWNERS ASSOCIATION
FILED SEP 24, 1984

ARTICLE I
The name of this corporation is TOP OF THE BEACH HOMEOWNERS: ASSOCIATION, (hereinafter referred to as the “Association”].

ARTICLE II
The purposes for which the Association is formed are 8S follows:
(a] This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit corporation law. The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under such law.
(b) The specific and primary purpose of the Association is to act as a “management body” for the preservation, maintenance, improvement and architectural control of the Common Area, which comprises the Top of the Beach Condominium Project (hereinafter referred to as the “Project”) in San Diego County, California.
The foregoing clauses concerning the purposes of the Association shall be considered as a statement of both purposes and powers; and the purposes and powers in each clause shall, except where otherwise expressed, be in no manner limited or restricted by reference to or inference from the terms or provisions of any other clause but shall be regarded as independent purposes and powers. Notwithstanding the foregoing, the Association shell not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific and primary purpose of the Association. .

ARTICLE III
The name and address in the State of California of the corporation’s initial agent for service of process is: Clyde L. Jenkins, 3755 Ocean Front Walk, Unit 15, San Diego, California 92109.

ARTICLE IV
The rights of members, number of members of, and manner of election of the Board of Directors and all other matters concerning the operation and governance of the Association shall be as set forth in the Bylaws. .

ARTICLE V
On the dissolution or winding up of the Association, the assets of the Association remaining after payment, or provision for payment, of all debts and Liabilities of the Association, shall be distributed equally to the members of the Association.

ARTICLE VI
Amendments to these Articles of Incorporation shall require the assent (by vote or written consent) of members as follows:
A. At least a bare majority of the members of the Board of Directors; and
B. At Least a bare majority of the votes of all members of the Association; and

ARTICLE VII
Every person or entity who is a record owner of a fee or undivided fee interest in any Condominium which is subject by covenants of record to assessment by the corporation shall be a member of the corporation. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Condominium which is subject to assessment by the corporation.

ARTICLE VIII
The corporation shell have one class of voting membership, which shall be all owners of a Condominium and shall be entitled to one (1) vote for each Condominium owned. When more than one person holds an interest in any Condominium, all such persons shall be members. The vote for such Condominium shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Condominium.

HOA By-Laws

The below is an OCR document taken from a .PDF scan of the CCRs. It is provided as a convenience to owners. DISCLAIMER, the below is not a substitute for a true and legal copy of the CCRs that were provided to the owner upon purchase.

NOTICE:
“If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, martial status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons’ shall not be construed as restrictions based on familial status.” California Government Code 12956.1 Updated 2012

AMENDED AND RESTATED BYLAWS OF TOP OF THE BEACH HOMEOWNERS ASSOCIATION
A Residential Condominium Project
TABLE OF CONTENTS
ARTICLE 1 – NAME, LOCATION AND APPLICABILITY.
1.1 Name ..
1.2 Principal Office .
1.3 Applicability..
1.4 Conflicts ..
ARTICLE 2 – DEFINITIONS
ARTICLE 3 – MEMBERSHIP
3.1 Membership.
3.2 Limitation on Membership Rights
ARTICLE 4 – MEETINGS OF MEMBERS
4.1 Place of Meetings; Conduct
4.2 Annual Meetings
4.3 Special Meetings
4.4 Notice of Meetings
4.5 Waiver of Notice or Consent of Absentees
4.6 Voting Rights
4.7 Quorum
4.8 Proxies
4.9 Action Taken Without a Meeting
4.10 Record Date for Notice of Meetings
4.11 Record Date for Eligibility to Vote
4.12 Record Date for Eligibility to Cast Written Ballot
4.13 Record Date for Exercise of Other Rights
ARTICLE 5 – BOARD OF DIRECTORS
5.1 Number; Qualification
5.2 Nomination of Directors
5.3 Election.
5.4 Inspectors of Election
5.5 Term.
5.6 Removal
5.7 Resignation of Directors
5.8 Filling Vacancies
5.9 Compensation .
ARTICLE 6 – MEETINGS OF DIRECTORS
6.1 Regular Meetings
6.2 Special Meetings
6.3 Emergency Meetings
6.4 Waiver of Notice
6.5 Organizational Meeting
6.6 Quorum
6.7 Member Attendance at Board Meetings
6.8 Executive Session
6.9 Action Without a Meeting
6.10 Meeting by Telephone
6.11 Adjournment
6.12 Board Deliberation Regarding Member Discipline
6.13 Meeting Minutes
ARTICLE 7 – POWERS AND DUTIES OF THE ASSOCIATION AND BOARD OF DIRECTORS
7.1 Powers of the Association
7.2 Powers of the Board
7.3 Limitations on Powers
7.4 General Duties of the Board
7.5 Financial Documentation; Preparation, Reporting and Review Responsibilities of the Board
7.6 Disciplinary Actions Against Owners
7.7 Expending Reserve Funds
ARTICLE 8 – OFFICERS
8.1 Enumeration of Officers
8.2 Other-Officers
8.3 Election of Officers
8.4 Term of Officers
8.5 Resignation and Removal of Officers
8.6 Vacancies in Offices
8.7 Duties
8.8 Compensation
8.9 Delegation
ARTICLE 9 – COMMITTEES
ARTICLE 10 – BOOKS AND RECORDS
10.1 Required Books and Records
10.2 Manner of Keeping Minutes and Other Records
10.3 Inspection by Members
10.4 Inspection by Directors
ARTICLE 11 – NON LIABILITY AND INDEMNIFICATION
11.1 Definition of Agent
11.2 Nonliability
11.3 Indemnification
11.4 Approval by Board
11.5 Payments
11.6 Insurance
ARTICLE 12 – CORPORATE SEAL
ARTICLE 13 – MISCELLANEOUS
13.1 Fiscal Year
13.2 Parliamentary Authority
13.3 Resale of Separate Interests; Documents To Be Provided To Prospective Purchasers; Penalties
ARTICLE 14 – AMENDMENTS

AMENDED AND RESTATED BYLAWS OF TOP OF THE BEACH HOMEOWNERS ASSOCIATION

ARTICLE 1 – NAME, LOCATION AND APPLICABILITY
1.1 Name. The name of this corporation is Top of the Beach Homeowners Association (“Association”).
1.2 Principal Office. The principal office of the Association shall be located in San Diego County, California. The Board shall have the full power and authority to change the principal office of the association from one location to another within said County. Any such change shall be adopted by a resolution of the Board and noted in the meeting minutes .
1.3 Applicability. These Bylaws are applicable to the residential condominium Project known as Top of the Beach (“Project”), located in Mission Beach in the City of San Diego, San Diego County, California. These Bylaws are also applicable to all Members of the Association and all tenants, guests, employees, and other persons who use the facilities of the Project in any manner. These Bylaws amend and restate, in their entirety, the original Bylaws, adopted on June 15, 1975.
1.4 Conflicts. If there is any conflict between the Articles and these Bylaws, the Articles shall control; and if there is any conflict between the Declaration and these Bylaws, the Declaration shall control.

ARTICLE 2 – DEFINITIONS
Unless otherwise defined herein, capitalized terms or words used in these Bylaws shall have the same definitions as those found in the Davis-Stirling Common Interest Development Act (California Civil Code Section 1350 et seq.) or in the Association’s Declaration of Covenants, Conditions and Restrictions (“Declaration”) recorded in the Official Records of the County Recorder of San Diego County. Words not defined in the Declaration or these Bylaws or in the Civil Code shall be understood in their ordinary and popular sense, as determined by the context in which they are used, unless the context indicates that the term or word is a defined term which was inadvertently not capitalized. Statutes or administrative regulations that are shown in brackets at the beginning of, a section or paragraph in these Bylaws are intended to show that the respective section or paragraph is based on the particular statute or administrative regulation referred to in the brackets. Unless otherwise noted, all references are to statutes and administrative regulations of the State of California. Any issues not addressed expressly by the governing documents of the Association shall be controlled by relevant provisions of the Corporations Code and by judicial interpretations of it, whether the Association is incorporated or not.
When used in these Bylaws, the terms below shall be defined as follows:
“Separate Interest” shall have the same meaning as “Condominium” or “Unit.” “Capital Expenditure” or “Capital Improvement” means the use of Association funds to construct or build an addition to the Project, where such use of funds is optional, rather than mandatory, under the Governing Documents and is not otherwise required by law. For purposes of the Governing Documents, the maintenance, repair or replacement of improvements within the Project which the Association is obligated to maintain, with materials of similar kind, or with materials which are needed due to changes in building or fire codes or due to discontinued manufacture or unavailability shall not be considered a Capital Expenditure or Capital Improvement, notwithstanding that such expenditure or improvement may be considered a capital expenditure or capital improvement for tax purposes. [Corp. Code §5079] “Written” or “In Writing” includes facsimile and telegraphic communication.

ARTICLE 3 – MEMBERSHIP
3.1 Membership. The qualifications for membership are set forth in the Declaration and are hereby incorporated by reference.
3.2 Limitation on Membership Rights. No Member shall have the right, without the prior approval of the Board, to exercise any of the powers or to perform any of the acts delegated to the Board by the Governing Documents. Furthermore, Members may be disciplined by limiting or suspending the rights, as provided in Section 7.6 hereof.

ARTICLE 4 – MEETINGS OF MEMBERS
4.1 Place of Meetings; Conduct. [Corp. Code §§75IO(a) & 7511; DRE Reg. 2792.17(b)] All meetings of the Members shall be held at a place designated by the Board. This meeting place shall be within the Project or as close to it as reasonably possible. If no meeting place is designated, the meetings shall be held at the principal office of the Association. No meeting of the Members shall be held outside of San Diego County, California unless unusual conditions exist.
If possible, Membership meetings shall be held on a Saturday. If the scheduled date is a legal holiday, the meeting shall be held on the next Saturday thereafter that is not a legal holiday. If the scheduled meeting date falls on a holiday but is not a Saturday, the meeting shall be held on the next day thereafter that is not a legal holiday.
[Civil Code § 1363] At Membership meetings, no substantive matter may properly be presented for a vote of the Members, either by the Board or by any Member, unless the notice of the meeting has stated the general nature of each issue on which a vote will be taken at the Membership meeting. By way of example and not limitation, substantive matters include votes to elect or remove Directors, to approve amendments to the governing documents, and to increase or impose assessments which require a vote of the Membership. Non-substantive matters include votes concerning meeting procedures, such as closing or limiting debate, amending motions, nominating candidates not previously nominated, adjournment, and other matters affecting meeting procedures.
4.2 Annual Meetings. [Corp. Code §7510(a) & (b)] The annual meeting of the Members shall be held on a date and time established by the Board, so long as the annual meeting is held within the months of May or June.
4.3 Special Meetings. [Corp. Code §§7151(e) & 75IO(e); DRE Reg. 2792.17(c)] Special meetings of the Members may be called for any lawful purpose by a majority of a quorum of the Board, the President of the Association, or by a written request signed by Members representing at least twenty-five percent (25%) of the total Voting Power of the Members. The special meeting shall be held not less than thirty-five (35) or more than ninety (90) days after adoption of the resolution or receipt of the request by an officer of the Association. Only that business stated in the notice of meeting given pursuant to Section 4.4 of these Bylaws shall be transacted at the special meeting.
4.4 Notice of Meetings. [Corp. Code §§ 751 1 (a) & (b); DRE Reg. 2792.l7(d)] The Secretary of the Association shall give written notice of any Members’ meeting to each Member of record in accordance with the following:
4.4.1 Except as otherwise provided in this Article, the notice shall be given at least ten (10) but not more than ninety (90) days before the meeting, by first class mail or by personal delivery.
4.4.2 The notice shall be addressed to the Member at the address appearing on the books of the Association, or the address supplied by the Member to the Association for this purpose. If there is no such address, the Member’s address shall be deemed to be the property address of the Member’s Separate Interest.
4.4.3 [Civil Code §1363] The notice shall state the place, date, and time of the meeting. If Directors are to be elected at the meeting, the notice shall include the names of all those who are nominees at the time the notice is given. The notice shall also state those matters that the Board, or anyone else, intends to present for action by the Members at the time the notice is given.
4.4.4 [Corp. Code §7510(e)] In the case ofa special meeting which is called by Members pursuant to Section 4.3 of these Bylaws, the notice shall be given by the Board within twenty (20) days after receipt of the request for the meeting If that twenty (20) day requirement is not satisfied, the Members who called the meeting may give the notice.
4.4.5 Any approval of the Members required for those items listed in Sections 4.8.1 to 4.8.5, other than unanimous approval by those entitled to vote, shall be valid only if the general nature of the matter to be voted upon was stated in the notice of meeting or any written waiver of notice.
4.4.6 An affidavit of the mailing or other means of giving any notice of any Members’ meeting may be executed by the Secretary, and if so executed, shall be filed with the corporate records or made a part of the minutes of the meeting. Such affidavit shall constitute prima facie evidence of the giving of notice.
4.5 Waiver of Notice or Consent of Absentees. [Corp. Code §§ 7511(e)] The transactions of any meeting of Members, however called and noticed, shall be as valid as though taken at a duly called, noticed, and held meeting, if:
4.5.1 A quorum is present either in person or by proxy; and
4.5.2 Either before or after the meeting, each of the Members not present in person or by proxy signs a written waiver of notice, or a consent to the holding of the meeting, or an approval of the minutes of the meeting. Any such waiver, consent, or approval shall be filed with the corporate records or made a part of the minutes of the meeting. Attendance by a person at a meeting shall also constitute a waiver of notice of that meeting, except when the person objects at the beginning of the meeting to the transaction of any business due to the inadequacy or illegality of the notice. Attendance at a meeting is not a waiver of any right to object to the consideration of matters not included in the notice of the meeting which are required to be described therein if that objection is expressly made at the meeting.
4.6 Voting Rights. Members shall have the power to exercise their voting rights as set forth in of the Declaration, subject to the following provisions:
4.6.1 Fractional votes shall not be allowed. If there is more than one (1) record Owner of a Separate Interest (“co-owners”), all of the co-owners shall be Members, but only one (1) of them shall be entitled to cast the single vote attributable to the Separate Interest. Co-owners may designate in writing one (1) of their Owners to vote. If no such designation is made or if it is revoked, the co-owners shall decide among themselves, by majority vote, how the vote of that Separate Interest is to be cast. Unless the Board receives a written objection in advance from a co-owner, it shall be conclusively presumed that the voting co-owner is acting with the consent of his or her co-owners. No vote shall be cast for the Separate Interest on a particular matter if a majority of the co-owners present in person or by proxy cannot agree on a vote.
4.6.2 [Corp. Code §5034] Any provision of the Governing Documents which requires the approval of a specified percentage of the Voting Power of the Association shall require the approval of the specified percentage of the Voting Power of the Membership. If no percentage of the Voting Power is specified in the Governing Documents or by California law, approval by a majority of the Voting Power of those voting , so long as a quorum is present or represented at the meeting, shall constitute approval.
4.7 Quorum. [Corp. Code §7512; DRE Reg. 2792.17(e)(1)] At any meeting, the presence either in person or by proxy of Members entitled to cast votes equal to at least fifty-one percent (51 %) of the total Voting Power of the Members shall constitute a quorum for any action except as otherwise provided in the Articles, these Bylaws, or the Declaration. The Members present at a duly called or held meeting at which a quorum is present may continue to transact business until adjournment notwithstanding the withdrawal of enough Members to leave less than a quorum, if the action taken, other than adjournment, is approved by at least a majority of the Voting Power of the Members required to constitute a quorum. [DRE Reg. 2792.17(e)(2)] If a quorum is not present at a duly called meeting, a majority of the Voting Power of the Members actually present in person or by proxy may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the meeting date, but no other business may be transacted. Provided that the date, time and place of the adjourned meeting is announced at the original meeting, the adjourned meeting may be held without additional written notice. If no such announcement is made, or if the selected date is changed after adjournment, notice of the time and place shall be given to Members in the manner provided in Section 2.4 of these Bylaws. The quorum for any adjourned meeting shall be twenty-five percent (25%) of the total Voting Power of the Members. As required by Corporations Code Section 7512(b), the only matters that may be voted upon at any such adjourned meeting, if the Members present or represented by proxy constitute less than one-third (1/3) of the total Voting Power, are matters the general nature of which was given in the notice of the meeting.
4.8 Proxies. [Corp. Code §§5069, 7514 & 7613; DRE Reg. 2792. 17(g)] At all meeting of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary of the Association. A proxy shall be deemed signed if the Member’s name is placed on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the Member or the Member’s attorney in fact. Any form of proxy or written ballot distributed by any person or entity to the Membership shall afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted on. The proxy or written ballot shall provide that, when the Member specifies a choice, the vote shall be cast in accordance with that choice. Every proxy shall be revocable and shall automatically cease upon conveyance of its maker’s Membership, or upon receipt of written notice by the Secretary of the maker’s death or judicially declared incapacity. No proxy shall be valid after the expiration of eleven (11) months from its date of execution, unless otherwise provided in the proxy, but in no event may the maximum term of any proxy exceed three (3) years from its date of execution. The maker of a proxy may revoke it by delivering a written revocation to the Association, by executing a subsequent proxy and presenting it to the meeting, or by attending any meeting and voting in person. Any revocable proxy may not be used to vote on any of the following matters unless it sets forth the general nature of the matter to be voted upon:
4.8.1 Removing a Director without cause, pursuant to Section 5.6.2 of these Bylaws;
4.8.2 Filling Director vacancies pursuant to Section 5.8 of these Bylaws;
4.8.3 Entering into or approving a contract or transaction between the Association and one (1) or more of the Directors, or between the Association and any entity in which one (1) or more of the Directors has a material financial interest, except as allowed by Section 7233 of the California Corporations Code;
4.8.4 Amending the Articles after approval by the Board, in accordance with Section 7812 of the California Corporations Code;
4.8.5 Electing to dissolve the Association, by approval of a majority of all Members or by approval of both the Board and Members pursuant to Section 8610 of the California Corporations Code;
4.8.6 Amending the Articles or these Bylaws to repeal, restrict, create, or expand proxy rights;
4.8.7 Disposing of assets other than in the usual and regular course of corporate activities pursuant to Section 7911(a)(2) of the California Corporations Code; and
4.8.S Agreements for corporate merger, and amendments thereof, in accordance with the provisions of Sections S012 and S015(a) of the California Corporations Code.
4.9 Action Taken Without a Meeting. [Corp. Code §7513; DRE Reg. 2792.17(f)] Any action that may be taken at a meeting of the Members, except for the election of Directors where cumulative voting applies, may be taken without a meeting provided the following ballot requirements are satisfied:
4.9.1 The Association shall distribute a written ballot to every Member entitled to vote on the matter. The ballot shall be solicited in the same manner as provided in Section 4.4 of these Bylaws for the giving of notice of meetings of Members.
4.9.2 The written ballot shall (1) set forth the proposed action; (2) provide an opportunity to specify approval or disapproval of any proposal, including confirmation that, if the Member specifies a choice, the vote shall be cast in accordance with that” Member’s choice; and (3) provide a reasonable time within which to return the ballot. The solicitation accompanying the written ballot or the written ballot itself (1) shall state the time by which the ballot must be received (not sent) in order to be counted; (2) shall indicate the number of responses needed to meet the quorum requirement; and (3) shall state the percentage of approvals necessary to pass the measure submitted.
4.9.3 The proposed action shall be considered approved if:
(a) The number of votes cast by ballot within the specified time period equals or exceeds the quorum required to be present at a meeting authorizing the action; and
(b) The number of approvals equals or exceeds the number of votes that would be required for approval at a meeting at which the total number of votes cast was the same as the number of ballots received in response to the ballot solicitation.
4.9.4 No written ballot may be revoked.
4.9.5 Any deadline stated for return of the ballots may be extended for successive reasonable periods with the approval of a majority of the Board. Notice of any extension must be sent to the Members within thirty (30) days of the previously noticed deadline date.
4.10 Record Date for Notice of Meetings. [Corp. Code §7611(a)] The Board may fix, in advance, a date as the record date for the purpose of determining the Members entitled to notice of any meeting of the Members. Such record date shall not be more than ninety (90) nor less than ten (10) days before the date of the meeting. If no record date is fixed, Members at the close of business on the business day preceding the day on which notice is given or, if notice is waived, at the close of business on the business day preceding the day on which the meeting is held are entitled to notice of a meeting of Members. A determination of Members entitled to notice of a meeting of Members shall also apply to any adjournment of the meeting unless the Board fixes a new record date for the adjourned meeting.
4.11 Record Date for Eligibility to Vote. [Corp. Code §7611(b)] The Board may fix, in advance, a date as the record date for the purpose of determining the Members entitled to vote at a meeting of the Members. Such record date shall not be more than sixty (60) days before the date of the meeting. If no record date is fixed, Members on the day of the meeting who are otherwise eligible to vote at the meeting, or, in the case of an adjourned meeting, Members on the day of the adjourned meeting who are otherwise eligible to vote are entitled to vote at the adjourned meeting.
4.12 Record Date for Eligibility to Cast Written Ballot. [Corp. Code §7611(c)] The Board may fix, in advance, a date as the record date for the purpose of determining the Members entitled to cast a written ballot in lieu of holding a meeting of Members. Such record date shall not be more than sixty (60) days before the day on which the first written ballot is mailed or solicited. If no record date is fixed, Members on the day of the first written ballot is mailed or solicited who are otherwise eligible to vote are entitled to cast written ballots.
4.13 Record Date for Exercise of Other Rights. [Corp. Code §7611(d)] The Board may fix, in advance, a date as the record date for the purpose of determining the Members entitled to exercise any rights in respect to any other lawful action. Such record date shall not be more than sixty (60) days prior to such other action. If no record date is fixed, Members at the close of business on the day the Board adopts the resolution relating thereto, or the sixtieth (60th) day prior to the date of such other action, whichever is later, are entitled to exercise such rights.

ARTICLE 5 – BOARD OF DIRECTORS
5.1 Number; Qualification. The affairs of this Association shall be managed and its duties and obligations performed by a Board of seven (7) Directors, each of whom shall be a Member of the Association. If a Member is a corporation, partnership, trust or some other entity that is not a human being, any officer, director, principal or duly authorized agent of such Member shall be qualified to serve as a Director.
Note: As of the 2013 election this changed from 7 to 5 Board Members. There was a vote of the owners in 2011 and the amendment passed so the Board went to 5 members effective in the 2013 elections.The amended Section 5.1 reads: “Number; Qualification. The affairs of this Association shall be managed and its duties and obligations performed by a Board of five (5) Directors, each of whom shall be a Member of the Association…..”
5.2 Nomination of Directors. [Corp. Code §§ 7520, 7521, 7522, 7523 & 7524.] There shall be available to the Members reasonable nomination and election procedures given the nature, size and operations of the Association. Such procedures shall be adopted, or amended from time to time, by the Board, and may, but do not necessarily need to include the following:
(a) A reasonable means of nominating persons for election as Directors.
(b) A reasonable opportunity for a nominee to communicate to the Members the nominee’s qualifications and the reasons for the nominee’s candidacy.
(c) A reasonable opportunity for all nominees to solicit votes.
(d) A reasonable opportunity for all Members to choose among the nominees. Where there is a meeting to elect Directors, any Member who is present at the meeting, in person or by proxy, shall be entitled to nominate one or more candidates for the Board.
5.3 Election. At each annual meeting of the Association, the Members shall fill, by election, all vacant positions on the Board. However, if an annual meeting is not held or does not include an election, the election may be held at a special meeting of Members called for that purpose. In any contested election, or upon the request of any Member, voting for Directors shall be by secret written ballot. At an election, the Member or the Member’s proxyholder may cast, in respect to each vacancy, as many votes as the Member is entitled to exercise under the provisions of these Bylaws.
(Corp . Code.§76J5] Each Member entitled to vote in the election my cumulate his or her votes. However, no Member shall have the right to cumulate his or her votes for a candidate unless that candidate’s name has been placed in nomination prior to the voting, and some Member has given notice to those present at the meeting, before the voting begins, of the Member’s intention to cumulate votes. The Board may also determine, in advance of preparing the proxies for the meeting, that cumulative voting shall apply at the election. If one Member is entitled to cumulate votes, all Members shall have the right to cumulate votes and give one candidate a number of votes equal to the number of Directors to be elected multiplied by the number of votes to which the Member is entitled, or to distribute his votes on the same principle among as many candidates as the Members deems appropriate. The candidates receiving the highest number of votes, up to the number of Directors to be elected, shall be elected.
5.4 Inspectors o/Election. [Corp. Code §7614] In advance of any meeting of Members, the Board may appoint inspectors of election to act at the meeting and any adjournment thereof. If inspectors of election are not so appointed, or if any persons so appointed fail to appear or refuse to act, the chair of the meeting may, and on the request of any Member shall, appoint inspectors of election at the meeting. The number of inspectors shall be either one (1) or three (3). If appointed at a meeting on the request of one or more Members or proxies, a majority of Members represented in person or by proxy shall determine whether one (1) or three (3) inspectors are to be appointed. In the case of any action by written ballot, the Board may similarly appoint inspectors of election to act with powers and duties as set forth below. The inspectors of election shall determine the number of Memberships outstanding and the Voting Power of each, the Voting Power represented at the meeting, the existence. of a quorum, and the authenticity, validity, and effect of proxies. The inspectors shall also receive votes, ballots or consents, hear and determine all challenges and questions in any way arising in connection with the right to vote, count and tabulate all votes or consents, determine when the polls shall close, determine the result, and do such acts as may be proper to conduct the election or vote with fairness to all Members. The inspectors shall have the right to consult with and to rely on the advice of the Association’s legal counsel, if the Association’s legal counsel is present at the meeting. The inspectors of election shall perform their duties impartially, in good faith, to the best of their ability and as expeditiously as is practical. If there are three (3) inspectors of election, the decision, act or certificate of a majority is effective, in all respects, as the decision, act or certificate of all. Any report or certificate made by the inspectors of election is prima facie evidence of the facts stated therein.
5.5 Term. [Corp. Code §7220(b)] The terms of office of the Board of Directors shall be staggered
with three (3) Director terms ending in each odd-numbered year, and four (4) Director terms ending in each even-numbered year. There shall be no limit to the number of consecutive terms to which a Director may be reelected. Each Director shall hold office until the election of his or her successor or until the Director’s death, resignation, removal, or judicial adjudication of mental incompetence. Directors shall be elected at each annual meeting to fill the vacancies of those Directors whose term then expires. The term of each such Director so elected shall be two (2) years or until his or her successor is elected. Whenever Directors are to be elected to terms of different lengths at the same election, due to vacancies or any similar reason, each candidate elected shall be entitled to select his or her term of office from the terms available, starting with the candidate who receives the greatest number of votes and then to the remaining candidates in descending order of votes received.
5.6 Removal. Directors may be removed as follows:
5.6.1 [Corp. Code §7221] The Board may declare vacant the office of a Director on the occurrence of any of the following events:
(a) The Director ceases to be a Member of the Association;
(b) The Members fail to erect the full number of authorized Directors at any meeting at which such election is to take place;
(c) The Director is declared of unsound mind by a final order of Court;
(d) The Director is convicted of a felony; or
(e) The Director has failed to attend three (3) consecutive regular meetings of the Board; and
5.6.2 [Corp. Code 7222] One (1) or more Directors may be removed prior to the expiration of their terms, with or without cause, at an annual or special meeting of the Members. Any removal without cause shall be approved by a majority vote of the Members at a meeting at which a quorum is represented. Notwithstanding the foregoing, unless the entire Board is removed from office by the vote of the Members, an individual Director, who was elected to office in an election in which cumulative voting applied, shall not be removed prior to the expiration of his or her term of office if the number of votes cast against the removal, or not consenting in writing to the removal, would be sufficient to elect the Director if voted cumulatively at an election at which the same total number of votes were cast (or, if the action is taken by written ballot, all Memberships entitled to vote were voted) and the entire number of Directors authorized at the time of the Director’s most recent election were then being elected. If a Director is removed, his successor shall be selected by a vote of the Members at a meeting held between thirty (30) and forty (40) days after the date of removal and shall serve for the unexpired term of his predecessor.
5.6.3 By a majority vote, the Board may remove any Director who was appointed by the Board to fill a vacancy on the Board.
5.7 Resignation of Directors. [Corp. Code §7224] Any Director may resign at any time by giving written notice to the Board, the President, or the Secretary, or by giving verbal notice at a Board meeting such that the resignation is recorded in the minutes of the meeting. Such resignation shall take effect on the date of receipt of such notice, or at any later time specified therein, and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
5.8 Filling Vacancies. [Corp. Code §§7220(b) & 7224] Vacancies on the Board of Directors, caused by reason other than the removal of a Director by a vote of the Members, shall be filled by a vote of a majority of the remaining Directors, even though they may constitute less than a quorum. Each person so elected shall serve for the unexpired term of his predecessor. If the Board accepts the resignation of a Director which is scheduled to take effect at a future date, the Board may appoint a successor to take office when the resignation becomes effective, and the resigning Director may participate in the appointment of a successor.
5.9 Compensation. [DRE Reg. 2792.21(b)(4] No Director shall receive any compensation for any service he or she may render to the Association. However, a Director may be reimbursed for actual out of pocket expenses incurred by the Director in the performance of his or her duties.

ARTICLE 6 – MEETINGS OF DIRECTORS
6.1 Regular Meetings. [Corp. Code §7211(a)(2); DRE Reg. 2792.20(a) & (b)] Regular meetings of the Board of Directors shall be held at least bimonthly at a time and place fixed by resolution of the Board.
If said meeting day falls upon a legal holiday, then that meeting shall be held at the time and date acceptable to the Board members. The meeting place shall ordinarily be within the Project unless, in the judgment of the Board, a larger meeting room is required than exists within the Project. Any larger meeting room selected by the Board shall be as close as possible to the Project. Notice of the time and place of any Board meeting shall be noted in the newsletter, or by posting such notice in a conspicuous place within the Project, and shall be communicated to the Directors not less than four (4) days prior to the meeting.
6.2 Special Meetings. [Corp. Code §7211(a)(1) & (2); DRE Reg. 2792.20(c)] Special meetings of the Board shall be held when called by written notice signed by the President, any Vice President, or the Secretary of the Association, or by any two (2) Directors other than the President. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. Notice of any special meeting shall be posted in the manner provided for notice of regular meetings and shall be sent to all Directors at least four days’ notice by first-class mail or at least 48 hours’ notice by telephone, telephone message system, telegraph, facsimile or electronic mail other electronic means prior to the scheduled time of the special meeting.
6.3 Emergency Meetings. [Civil Code §1363.05] An emergency meeting of the Board may be called if there are circumstances that could not reas~nably have been foreseen that require immediate attention and possible action by the Board and that make it impractical to provide the notice required for Regular or Special Meetings of the Board.
6.4 Waiver of Notice. [Corp. Code § 7211(a)] Notice of a meeting need not be given to any Director who signed a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting the lack of notice to such Director, either prior to the meeting or at its commencement. All such waivers shall be filed with the corporate records or made a part of the minutes of the meetings.
6.5 Organizational Meeting. Immediately after the annual meeting, described in Section 4.2, herein, or as soon thereafter as reasonably practicable, the Board shall meet to elect the officers of the Association and conduct any other business of the Association as the Board, in its discretion, shall determine is necessary. No other notice of meeting, other than this Bylaw, shall be required for any such meeting held immediately after the annual meeting.
6.6 Quorum. [Corp. Code §7211(a)(7) & (8)] A majority of the authorized number of Directors on the Board shall constitute a quorum, and if a quorum is present, the decision of majority of the Directors present shall be the act of the Board. The Board may continue to transact business, at a meeting at which a quorum was present initially, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for such meeting, or such greater number as may be required for the particular action taken.
6.7 Member Attendance at Board Meetings. [Civil Code § 1363.05; DRE Reg. 2792.20(d)] Regular and special meetings of the Board shall be open to all Members of the Association; provided, however, that Members who are not on the Board may not participate in any deliberation or discussion unless expressly authorized to do so by the vote of the majority of a quorum of the Board. The Board shall set a reasonable time for Members to speak to the Board at any Association meeting or Board meeting, except for Board meetings held in Executive Session.
6.8 Executive Session. [Civil Code §1363.05; DRE Reg. 2792.20(d)] The Board may, with the approval of a majority of a quorum, adjourn a meeting and reconvene in executive session to meet with its legal counsel, or to consider (a) litigation in which the Association is or may become involved, (b) matters that relate to the formation of contracts with third parties, (c) personnel matters, and (d) matters of business of a similar nature. The nature of any and all business to be considered in Executive Session shall first be announced in open session. If the Executive Session does not follow an open session, the Board may conduct an Executive Session, if the agenda of such Executive Session is announced at the next regularly scheduled Board meeting. Nothing herein contained shall be construed to obligate the Board to first call an open meeting before meeting in Executive Session. An Executive Session which does not follow an open meeting may be called and noticed in the same manner as a special meeting. Any matter discussed in Executive Session shall be generally noted in the Association minutes. The Board shall be entitled to exclude Members from attending Executive Sessions.
6.9 Action Without a Meeting. [Corp. Code §7211(b); DRE Reg. 2792.20(e)] Any action required or permitted to be taken by the Board may be taken without a meeting, if all Directors, individually or collectively, consent in writing to that action. Such action by written consent shall have the same force and effect as a unanimous vote of the Board. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. An explanation of the action taken shall be communicated to the Members in the any manner provided in these Bylaws for giving notice of Regular Meetings of the Board.
6.10 Meeting by Telephone. [Corp. Code §7211(a)(6)] Members of the Board may participate in a meeting through the use of conference telephone or similar communications equipment, so long as all Directors participating in such meeting can hear one another, and such participation shall constitute attendance of a Director at such meeting.
6.11 Adjournment. [Corp. Code §7211(a)(4)] A majority of the Directors present, whether or not
a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than twenty-four (24) hours, notice of the adjournment shall be given, prior to the time of the adjourned meeting, to the Directors who were not present at the time of the adjournment.
6.12 Board Deliberation Regarding Member Discipline. [Civil Code §1363.05] In any matter relating to the disciplining of a Member, the Board shall meet in Executive Session if requested by that Member or by the Board, and the Member shall be entitled to attend that portion of the Executive Session in which the Board discusses the discipline of that Member.
6.13 Meeting Minutes. [Civil Code § 1363.05, Corp. Code §8320] The Board shall keep accurate
written minutes of its meetings, and shall retain them in the permanent records of the Association. The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any Board meeting, other than Executive Session, shall be available to Members within thirty (30) days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any Member upon request and upon reimbursement for the costs in making that distribution.

ARTICLE 7 – POWERS AND DUTIES OF THE ASSOCIATION AND BOARD OF DIRECTORS
7.1 Powers of the Association. [Civil Code §1363; Corp. Code §7140; C.C.P. §383] The Association may exercise the powers granted to a nonprofit mutual benefit corporation, as enumerated in Corporations Code Section 7140, the powers granted to the Association by Code of Civil Procedure Section 383 and the powers granted to the Association in the Davis-Stirling Common Interest Subdivision Act, Civil Code Section 1350 et seq., as each may be amended from time to time hereafter.
7.2 Powers of the Board. [Corp. Code §7210] The Board shall exercise for the Association all powers and duties vested in or delegated to the Board or the Association by the Governing Documents and the California Corporations Code governing nonprofit mutual benefit corporations. Said powers and duties shall be subject to the limitations of the Governing Documents, and shall include, but not be limited to, the requirements of Section 7.5 and the following:
7.2.1 Formulating Rules and Regulations for the use and operation of the Separate Interests, the Common Area and common facilities and facilities owned or controlled by the Association pursuant to Section 3.5.2 of the Restated Declaration;
7.2.2 Enforcing the applicable provisions of the Governing Documents and any other instruments governing the ownership, management, and control of the Project;
7.2.3 Initiating and executing disciplinary proceedings against Members for violations of provisions of the Governing Documents in accordance with procedures set forth in Section 7.6 herein;
7.2.4 Suspending the voting rights of a Member and the right to use of any Recreational Facilities during any period in which such Member is in default in the payment of any assessment levied by the Association;
7.2.5 Paying taxes and assessments that are, or could become, a lien on all or a portion of the Common Area;
7.2.6 Contracting for casualty, liability, and other insurance on behalf of the Association;
7.2.7 Contracting for goods and services for the Common Area facilities, and interests of the Association, subject to the limitations set forth in Section 7.3 herein;
7.2.8 Borrowing money, pledging the right to exercise its assessment powers in connection with obtaining funds to repay a debt of the Association, selling property of the Association, incurring indebtedness and executing promissory notes or other evidences of debt for the Association, subject to the limitation set forth in Section 7.3 below;
7.2.9 [Corp. Code §7212] Creating committees pursuant to resolution adopted by a majority of the Board; provided that if a committee will exercise any power or authority of the Board, it shall consist of two (2) or more Directors, and as many other Members as the Board may designate, to serve at the pleasure of the Board. No Directors need serve on any committee which does not exercise any power or authority of the Board (e.g. social committee);
7.2.10 [Corp. Code §7210] Delegating its authority, duties, and responsibilities to its officers, employees, committees, or agents, including a professional management agent; provided however, that the activities and affairs of the Association shall be managed and all corporate powers shall be exercised under the ultimate direction of the Board;
7.2.11 Employing attorneys, accountants, independent contractors, or such other agents and employees as they deem necessary, and prescribing their duties;
7.2.12 [Vehicle Code §211 07.7] Petitioning the local governmental body having jurisdiction for application of the California Vehicle Code to any privately owned and maintained roads in the Project in the manner prescribed by California Vehicle Code Section 21107.7, as amended from time to time;
7.2.13 Authorizing the withdrawal of moneys from the Association’s reserve accounts, upon the signatures of two (2) Directors or one (1) Director and one (1) officer who is not a Director. The Board shall take reasonable precautions to insure that the appropriate signature authorization cards are delivered to the institution or institutions holding the Association’s Reserve accounts or shall obtain verification from such institution or institutions that the signature cards on file contain only the signatures of those persons who were authorized to withdraw monies from the Reserve accounts;
7.2.14 Authorizing any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Association, unless otherwise provided in the Governing Documents. Such authority may be general or confined to specific instances. Unless so authorized by the Board, no officer, agent or employee shall have any power or authority to bind the Association by any contract or engagement or to pledge its credit or to render it liable for any purpose or for any amount;
7.2.15 Entering any Separate Interest to perform necessary construction, maintenance, or emergency repair work for the benefit of the Common Area or the Members in the aggregate;
7.2.16 Filling vacancies on the Board, except for a vacancy created by the removal of a Director by Members; 7.2.17 Extending the time for return of ballots when an action is taken without a meeting pursuant to Section 4.9 herein, by majority approval of the Board; and
7.2.18 [Civil Code §1368] Providing any Owner with the following documents within ten (10) days of the mailing or delivery of a written request therefor and receipt of the costs to prepare and reproduce said documents:
(a) A copy of the Governing Documents;
(b) A copy of the most recent financial statement;
(c) A written statement from an authorized representative of the Association specifying (i) the amount of the Association’s current Regular, Special, Single Benefit and Special Service Fees Assessments and fees; (ii) the amount of any Assessments levied on the Owner’s Separate Interest that are unpaid on the date of the statement; and (iii) the amount of late charges, interest, and costs of collection that, as of the date of the statement, are or may be made a lien on the Owner’s Separate Interest pursuant to the Declaration; and
(d) A statement noting any change in the Association’s current Assessments and fees which have been approved by the Board, but which have not become due and payable as of the date disclosure is provided pursuant to this Section.
7.3 Limitations on Powers. [DRE Reg. 2792.21(b)] Notwithstanding the provisions of Section 7.2, the Board shall be prohibited from taking any of the following actions, except with the vote or written assent of a majority of the total Voting Power of those Members voting, so long as a quorum is present or represented at the meeting:
7.3.1 Entering into a contract with a third person under which the third person will furnish goods or services for the Common Area or the Association for a term longer than one (1) year with the following exceptions:
(a) A management contract the terms of which have been approved by the Federal Housing Administration or Veterans Administration or which provides that the Association may terminate such contract with or without cause upon thirty (30) days written notice; provided however, that the term of any management contract may be renewable by agreement of the parties for successive one year (1 yr.) periods;
(b) A contract with a public utility if the rates charged are regulated by the Public Utilities Commission; provided, however, that the term shall not exceed the shortest term for which the utility will contract at the regulated rate;
(c) Prepaid casualty and/or liability insurance of not more than three years (3 yrs.) duration; provided that the policy permits short rate cancellation by the insured;
(d) Lease agreements for laundry room fixtures and equipment of not to exceed five years (5 yrs.) duration;
(e) Agreements for cable television services and equipment or satellite television services and equipment not exceeding five years (5 yrs.) duration; and
(f) Agreements for the sale or lease of burglar alarm and fire alarm equipment, installation, and services not exceeding five years (5 yrs.) duration.
7.3.2 Incurring aggregate expenditures for Capital Improvements to the Common Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year;
7.3.3 Selling during any fiscal year property of the Association having an aggregate fair market value in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, except as part of another transaction to trade-in or replace the property being sold or for a Separate Interest obtained through foreclosure of the Association’s lien or purchased to protect the Association’s lien rights;
7.3.4 Borrowing money, pledging the right to exercise its assessment powers in connection with obtaining funds to repay a debt of the Association, incurring indebtedness and executing promissory notes or other evidences of debt for the Association, if the amount of the transaction exceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year;
7.3.5 Filling a vacancy on the Board created by the removal of a Director by the Members which shall require a plurality vote of the Members;
7.3.6 Paying compensation to Directors or Officers of the Association for services
performed in the conduct of the Association’s business; provided, however, that the Board may cause a Director or Officer to be reimbursed for expenses incurred in carrying on the business of the Association; or
7.3.7 [Civil Code Section 1365.5(c)] Expending funds designated as Reserve funds, except as permitted by Civil Code Section 1365.5(c), as amended from time to time.
7.4 General Duties of the Board. It shall be the duty of the Board to:
7.4.1 [Corp. Code §8320] Cause to be kept a complete record of all its acts and corporate affairs (including adequate and correct books and records of account, minutes of the proceedings of its Members, Board and committees of the Board, a record of the Members giving their names and addresses and the class of Membership held by each), and to present a general statement of its acts and corporate affairs to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Voting Power of Members;
7.4.2 Supervise all Officers, agents and employees of this Association, and to see that their duties are properly performed;
7.4.3 [Civil Code § 1365.7] Procure and maintain adequate fire, casualty, liability and hazard insurance, as required by the Declaration, in at least the minimum limits established by Civil Code Section 1365.7, and otherwise to insure adequately the property which is owned either by the Association or by its Members in common;
7.4.4 Cause all Officers or employees entitled to withdraw funds of the Association to be bonded;
7.4.5 Invest Reserve funds and any other surplus funds of the Association only in the name of the Association and only in financial obligations of the United States of America or in financial institutions whose deposits are insured by an agency of the United States of America, including, by way of illustration and not limitation, F.D.I.C. and F.S.L.I.C.;
7.4.6 Maintain, repair and restore those portions of the Project which are required by the Governing Documents;
7.5 Financial Documentation; Preparation, Reporting and Review Responsibilities of the Board.
With regard to the preparation, reporting and review of the Association’s financial documentation, the Board shall have the following responsibilities:
7.5.1 [Civil Code §1365(a); DRE Reg. 2792.22(a)(l)] Preparing a pro forma operating budget for each fiscal year, and distributing a copy thereof to each Owner not less than forty-five (45) and not more than sixty (60) days prior to the beginning of the fiscal year. The budget shall contain at least the following:
(a) The estimated revenue and expenses on an accrual basis;
(b) A summary of the Association’s reserves based upon the most recent review or study conducted pursuant to Section 1365.5 of the California Civil Code, which shall be printed in bold type and include all of the following:
(i) The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component;
(ii) As of the end of the fiscal year for which the study is prepared:
(1) the current estimate of the amount of cash reserves necessary to repair, replace, restore, or maintain the major components, and
(2) the current amount of accumulated cash reserves actually set aside to repair, replace, restore, or maintain those major components; and
(iii) The percentage that the amount determined for purposes of clause (2) of subparagraph (ii), above, is of the amount determined for purposes of clause (1) of subparagraph (ii), above. {For example: if (ii)(l), the estimated reserves needed, is $100,000.00, and (ii)(2), actual reserves set aside, is $75,000.00, then (iii) is a statement that 75% of the estimated reserves needed have actually been set aside. The foregoing example is for illustration only and is not intended to reflect the
Association’s actual reserves or estimated reserves needed.}
The summary of the Association’s reserves disclosed pursuant to this Section shall not be admissible in evidence to show improper financial management of the Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision;
( c) A statement as to whether the Board has determined or anticipates that the levy of one or more Special Assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor; and
(d) A general statement addressing the procedures used by the Board for the calculation and establishment of those Reserves to defray the future repair, replacement, or additions to those major components that the Association is obligated to maintain, or other components identified by the Board.
(e) [Civil Code § 1363 .05] A statement informing Members of their right to obtain copies of the minutes of meetings of the Board, and how and where those minutes may be obtained. If not mailed with the annual budget materials, this statement may be sent at the time of any general mailing to the entire Membership.
(f) In lieu distributing the pro forma budget, the Board may elect to distribute a summary of the statement to each Owner with a written notice, in at least 10-point bold type on the front page of the summary, that the statement is available at the business office of the Association or designated location and that copies will be provided upon written request and at the expense of the Association. The Association shall provide the copy to the Owner within five (5) working days after receipt of the Owner’s written request by first-class United States mail.
7.5.2 [Civil Code §1365(b); Corp. Code §832l; DRE Reg. 2792.22(a)(3)] Preparing and distributing an annual report, within one hundred twenty (120) days after the close of each fiscal year, consisting of the following:
(a) A balance sheet as of the end of the fiscal year;
(b) An operating (income) statement for the fiscal year;
(c) A statement of changes in financial position for the fiscal year; and
(d) For any fiscal year in which the gross income to the Association exceeds $75,000.00, a copy of a review or audit of the Association’s financial statement prepared in accordance with generally accepted accounting principles by a Certified Public Accountant, licensed to practice in California. [Corp. Code §832l; DRE Reg. 2792.22(b)] If the gross income to the Association does not exceed $75,000, and the annual report is not prepared by a Certified Public Accountant, it shall be accompanied by the certificate of an authorized officer of the Association that the financial statements in the annual report were prepared from the books and records of the Association without independent audit or review.
(e) [Corp. Code §8322] information concerning loans, guarantees, and indemnifications involving Directors and Officers and such other information required to be reported under Corporations Code Section 8322.
(f) [Corp. Code §832l(a) & ORE Reg. 2792.22] A statement of the place where the names and addresses of the current Members are located.
7.5.3 [Civil Code §1365(d); ORE Reg. 2792.22(c)] Preparing and distributing to the Owners, during the sixty (60) day period before the beginning of each fiscal year, a statement describing the Association’s policies and practices in enforcing lien rights or other legal remedies for defllult in payment of its Assessments against Owners;
7.5.4 [Civil Code Section 1365.5] Causing, at least once every three (3) years, a study of the reserve account requirements of the Project to be conducted if the current replacement value of the major components which the Association is obligated to repair, replace, restore or maintain is equal to or greater than one-half (1/2) of the gross budget of the Association for any fiscal year. The Board shall review this study annually and shall consider and implement necessary adjustments to the Board’s analysis of the reserve account requirements as a result of that review. This study shall, at a minimum, include:
(a) Identification of the major components which the Association is obligated to repair, replace, restore or maintain which, as of the date of the study, have a remaining useful life of less than thirty (30) years;
(b) Identification of the probable remaining useful life of the components identified in (a), above, as of the date of the study;
( c) An estimate of the cost of repair, replacement, restoration or maintenance of the components identified in (a), above, during and at the end of their useful life; and
(d) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore or maintain the components identified in (a), above, during and at the end of their useful life, after subtracting total reserve funds as of the date of the study. (e.g. If a component costs $100,000 to replace, $50,000 is currently set aside in the reserves for its replacement, and it has an estimated 10 years of remaining useful life, then the estimate of the total annual contribution to reserves for this component should be $5000).
As used herein, the term “reserve account requirements” means the estimated funds which the Board has determined are required to be available at a specified point in time to repair, replace, or restore those major components which the Association is obligated to maintain; and
7.5.5 [Civil Code §1365.5(a); DRE Reg. 2792.22(d)] Reviewing the following:
(a) A current reconciliation of the operating and reserve accounts of the Association on at least a quarterly basis;
(b) The actual reserve revenues and expenses for the current year compared to the budget for the current year on at least a quarterly basis;
( c) An income and expense statement for the operating and reserve accounts of the Association on at least a quarterly basis; and
(d) The most recent account statements prepared by the financial institution where the Association has its operating and reserve accounts.
7.6 Disciplinary Actions Against Owners. [Civil Code §§1363 & 1363.05; Corp. Code §7341; DRE
Reg. 2792.26] In connection with the general power of enforcement described above, the Association may discipline Owners for violation of any of the provisions of the Governing Documents.
The Board may suspend a Member’s rights and privileges of ownership, including the Member’s voting rights and rights to use the Common Area and facilities, for any period of time during which the assessment, late charges, costs of collection or other related charges on his or her Separate Interest remains unpaid. The Board shall also be empowered to suspend a Member’s rights and privileges, including the Member’s voting rights and rights to use the Common Area and facilities, for a period not to exceed thirty (30) days, and to impose monetary penalties or other appropriate discipline for any other failure to comply with the Governing Documents, provided that the procedures for notice and hearing, satisfying the minimum requirements of Corporations Code Section 7341, as amended from time to time, are followed before a decision to impose such discipline is reached.
Any procedure for Owner discipline must be carried out in good faith and in a fair and reasonable manner. While a court may find other procedures to be fair and reasonable, the following procedure is deemed to be fair and reasonable according to Corporations Code Section 7341, in effect at the time these provisions were drafted:
7.6.l The accused Owner shall be given at least fifteen (1S) days prior notice of the specific suspension, monetary fine, and/or other discipline proposed, and the date on which the discipline will be effective.
7.6.2 The accused Owner shall be given an opportunity for a hearing before the Board at least five (5) days before the proposed suspension, monetary penalty or other discipline becomes effective;
7.6.3 If the Owner fails to respond to the notice, the opportunity for a hearing shall be deemed to be waived, and the Owner may be found guilty by default of any violations which were alleged.
7.6.4 The hearing, if not waived by the Owner, shall be conducted by the Board, or by another body or committee authorized by the Board, to determine whether or not the proposed discipline should be imposed.
7.6.5 The notices required by this section may be given in any manner reasonably calculated to provide actual notice to the Owner, provided that any notice given by mail must be sent either by certified or registered mail, postage prepaid, to the last address of the Owner as shown on the Association’s records.
7.6.6 Notwithstanding the foregoing, under circumstances involving conduct that constitutes (a) an immediate and unreasonable infringement of, or threat to, the safety or quiet enjoyment of neighboring Owners; (b) a traffic or fire hazard, (c) a threat of material damage to, or destruction of, the Common Area; or (d) a violation of the Governing Documents that is of such a nature that there is no material question regarding the identity of the violator or whether a violation has occurred (e.g. parking violations), the Board or its agents may undertake immediate corrective or disciplinary action and conduct a hearing as soon thereafter as reasonably possible, if either (1) requested by the offending Owner within five (5) days following the Association’s actions, or (2) on its own initiative;
7.6.7 The amount of any monetary penalty shall be established from time to time for each type of violation in an amount to be determined by the Board, and a schedule thereof shall be distributed to the Members by personal delivery or first class mail. Distribution of additional schedules is not required unless there are any changes to an existing schedule;
7.6.8 Any suspension of an Owner’s Membership privileges shall not exceed thirty (30) days for each violation, except for cases where the Owner has failed to pay assessments, late charges, costs of collection or other related charges on his or her Separate Interest.
7.6.9 Except as provided in the Declaration concerning foreclosure for failure to pay Assessments, or as a result of the judgment of a court or a decision arising out of arbitration, the Association shall in no way abridge the right of any Owner to the full use and enjoyment of his or her Separate Interest or the utilities serving such Separate Interest, and no Owner may be expelled from the Association. The provisions of this section are not required with respect to the levying of late charges, interest or reasonable costs of collection (including attorney’s fees) against an Owner who is delinquent in the payment of assessments.
7.7 Expending Reserve Funds. [Civil Code §§ 1365.5] The Board may not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement or maintenance of, or litigation involving the repair, restoration, replacement or maintenance of, major components which the Association is obligated to repair, restore, replace, or maintain and for which the reserve fund was established. However, the Board may authorize the temporary transfer of money from a reserve fund to the Association’s general operating fund to meet short-term cash-flow requirements or other expenses.
The transferred funds shall be restored to the reserve fund within one (1) year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a delay would be in the best interests of the Project, delay the restoration until the time which the Board reasonably determines to be necessary. The Board shall exercise prudent fiscal management in maintaining the integrity of the reserve funds, and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required by this Section. This Special Assessment is subject to the limitation imposed by Section 1366of the California Civil Code.
When the Board decides to use reserve funds or to transfer money temporarily from the reserve fund to pay for litigation, the Board shall notify the Member of that decision in the next available mailing to Members and of the availability of an accounting of those expenses. The Association shall make an accounting of expenses related to the litigation on at least a quarterly basis. The inspection shall be available for inspection by Members at the Association’s office.

ARTICLE 8 – OFFICERS
8.1 Enumeration of Officers. [Corp. Code §7213(a)] The officers of this Association shall be a President, a Vice-President, a Secretary, and a Treasurer, each of whom shall be Directors. Any number of offices may be held by the same person except for the offices of (a) President and Treasurer, and (b) President and Secretary.
8.2 Other Officers. The Board may elect such other Officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may determine from time to time.
8.3 Election of Officers. The officers shall be elected annually by the Board, as soon as reasonably possible after the annual meeting of the Members.
8.4 Term of Officers. [Corp. Code §7213(b)] The Officers of this Association shall be elected annually by the Board, and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or otherwise become disqualified to serve. Each officer shall hold his or her office at the pleasure of the Board.
8.5 Resignation and Removal of Officers. [Corp. Code §7213(b)] Any Officer may be removed from office by the Board, with or without cause. Any Officer may resign, at any time, by giving written notice to the Board, the President or the Secretary, or by giving verbal notice at a Board meeting such that the resignation is recorded in the minutes of the meeting. Such resignation shall take effect on the date of receipt of such notice, or at any later time specified therein. Unless otherwise specified in the notice, the acceptance of such resignation shall not be necessary to make it effective.
8.6 Vacancies in Offices. A vacancy in any office may be filled by appointment by the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he or she replaces.
8.7 Duties. Unless otherwise delegated by the Board, the duties of each officer shall be as follows:
8.7.1 The President shall:
(a) Preside over all meetings of the Members and of the Board;
(b) Sign, as President, all deeds, contracts, and other written instruments that have been approved by the Board, unless the Board, by duly adopted resolution, authorizes the signature of a lesser officer;
(c) Call meetings of the Board whenever he or she deems it necessary, in accordance with any rules and notice requirements imposed by the Board and the Governing Documents. The notice period shall not be less than seventy-two (72) hours except in the case of emergencies;
(d) Have, subject to the approval of the Board, general supervision, direction, and control of the affairs of the Association; and
(e) Discharge any other duties required of him or her by the Board.
8.7.2 The Vice-President shall:
(a) Act in the place and in the stead of the President in his or her absence, inability, or refusal to act; and
(b) Exercise and discharge any other duties required of him or her by the Board. In connection with any such additional duties, the Vice-President shall be responsible to the President.
8.7.3 The Secretary shall:
(a) Record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members;
(b) Keep the seal of the Association, if any, and affix it on all papers requiring the seal;
(c) Serve all required notices of meetings of the Board and the Members;
(d) Keep current records showing the names and addresses of all Members; and
(e) Sign, as Secretary, all deeds, contracts, and other written instruments that have been approved by the Board, if the instruments that have been approved by the Board and signed by the President require a second Association signature and the Board has not passed a resolution authorizing another officer to sign in the place and stead of the Secretary.
8.7.4 The Treasurer shall:
(a) Receive and deposit all of the funds of the Association in any bank or banks selected by the Board;
(b) Be responsible for and supervise the maintenance of books and records to account for Association funds and other Association assets;
(c) Sign all checks and promissory notes of the Association;
(d) Disburse and withdraw Association funds in the manner specified by the Board; and
(e) Prepare and distribute the financial statements for the Association required by Section 7.5.2.
8.8 Compensation. An officer shall not receive any compensation for any service he or she may render to the Association; provided, however, that any officer may be reimbursed for actual out of pocket expenses incurred by the officer in the performance of his or her duties.
8.9 Delegation. With Board approval, an officer may delegate his or her powers and duties to any committee, employee or agent of the Association, including, but not limited to a property manager.

ARTICLE 9 – COMMITTEES
The Board may appoint any committees authorized by the Declaration. In addition, the Board may appoint such other committees as it deems appropriate to carry out the purposes of the Association.

ARTICLE 10 – BOOKS AND RECORDS
10.1 Required Books and Records. [Corp. Code §8320] The Association shall maintain at its principal office:
10.1.1 Copies of the Governing Documents as last amended;
10.1.2 Adequate and correct books and records of account;
10.1.3 Written minutes of the proceedings of its Members, of its Board, and of committees
of its Board; and
10.1.4 A Membership register containing each Member’s name, mailing address and voting rights.
10.2 Manner of Keeping Minutes and Other Records. [Corp. Code §8320(b)] Minutes shall be kept in written form. Other books and records shall be kept either in written form or in any other form capable of being converted into written form.
10.3 Inspection by Members. [Civil Code §§1363 & 1363.05; Corp. Code §7160 & 8330; DRE Reg.
2792.23(a) & (b)] Subject to the limitations on inspection set forth in the Corporations Code, including those found in Section 8330 thereof, the books, records and papers of the Association, including a Membership register and mailing addresses, books of account and minutes of meetings of Members, shall be subject to inspection by any Member or by his or her duly appointed representative, at all times during reasonable business hours. Either minutes, minutes proposed for adoption marked to indicate draft status, or a summary of the minutes of any meeting of the Board, other than an Executive Session, shall be available to Members within 30 days after the meeting. The Governing Documents and minutes shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at a reasonable cost.
The Board shall establish reasonable rules with respect to:
10.3.1 Notice to be given to the custodian of the records by the Member desiring to make the inspection;
10.3.2 Hours and days of the week when such an inspection may be made; and
10.3.3 Payment of the costs of reproducing copies of documents requested by a Member.
10.4 Inspection by Directors. [DRE Reg. 2792.23(c)] Except to the extent limited by law, every Director of the Association shall have the absolute right, at any reasonable time, to inspect the Common Area and all books, records and documents of the Association. The right of inspection by a Director shall include the right to make extracts and copies of documents at his or her expense.

ARTICLE 11 – NONLIABILITY AND INDEMNIFICATION
11.1 Definition of Agent. For purposes of this Article, “Agent” means any present or former Director, officer, committee member or any other employee or agent of the Association.
11.2 Nonliability. [Corp. Code §7237; Civil Code §1365.7] Except as specifically provided in the
Governing Documents or as required by law, no right, power or responsibility conferred on the Board or any committee by the Governing Documents shall be construed as a duty, obligation, or disability charged upon any Agent. No Agent shall be liable to any party (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from the Agent’s acts or omissions within what the Agent reasonably believed to be the scope of his or her Association duties (“Official Acts”), except to the extent that the injuries or damage result from the Agent’s willful or malicious misconduct. No Agent shall be liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from the Agent’s Official Acts, except to the extent that the injuries or damage result from the Agent’s negligence or willful or malicious· misconduct.
11.3 Indemnification. The Association shall pay all expenses actually and reasonably incurred by, and satisfy any judgment or fine levied against, any Agent as a result of any action or threatened action against the Agent to impose liability on the Agent for his or her Official Acts, provided that:
11.3.1 The Board determines that the Agent acted in good faith and in a manner the Agent reasonably believed to be in the best interests of the Association;
11.3.2 In the case of a criminal proceeding, the Board determines that the Agent had no reasonable cause to believe his or her conduct was unlawful;
11.3.3 In the case of an action or threatened action by or in the right of the Association, the Board determines that the Agent acted with the care (including reasonable inquiry) that an ordinarily prudent person in a like position would use under similar circumstances; and
11.3.4 Provided that there is no policy of insurance which is available to pay such expenses.
11.4 Approval by Board. Any determination of the Board required under this Article must be approved by a majority vote of a quorum consisting of Directors who are not parties to the action or threatened action giving rise to the indemnification. If the Board fails or refuses to make any such determination, the determination may be made by the court in which the proceeding is or was pending, or by the vote or written consent of a majority of a quorum of the Members, provided that the Agent to be indemnified shall not be entitled to vote.
11.5 Payments. Payments made pursuant to this Article shall include amounts paid and expenses incurred in settling the action or threatened action. This Article shall be construed to authorize payments· and indemnification to the fullest extent now or hereafter permitted by applicable law.
11.6 Insurance. The Association may purchase and maintain insurance on behalf of and to indemnify its Agents, to the extent and under the circumstances provided in this Article or by law.

ARTICLE 12 – CORPORATE SEAL
The Association shall have a seal, in circular form, having within its circumference the words: Top of the Beach Homeowners Association, a California corporation.

ARTICLE 13 –
13.1 Fiscal Year. The fiscal year of the Association shall be set by the Board. The Board shall have the authority to change the fiscal year for any proper business purpose.
13.2 Parliamentary Authority. [Civil Code § 1363] All meetings of this Association shall be conducted in accordance with a recognized system of parliamentary procedure or such special parliamentary procedures as the Board may adopt. Where the Board intends to adopt a particular text as its system of parliamentary authority, the Board shall note in the minutes the name, publisher and date of publication, which parliamentary authority shall control over any conflicts with any other parliamentary authority. If there is any conflict between any special parliamentary procedures the Board chooses to adopt and the Board’s system of parliamentary authority, the special parliamentary procedures the Board has adopted shall control.
13.3 Resale of Separate Interests; Documents To Be Provided To Prospective Purchasers;
Penalties. [Civil Code § 1368(a)] The Owner of a Separate Interest shall provide to a prospective purchaser the following and such other information as may be required by Civil Code Section 1368, as amended from time to time hereafter:
13.3.1 A copy of the Governing Documents.
13.3.2 A copy of the most recent financial statement required to be distributed by Civil Code Section 1365 and Section 7.5.2 of the Bylaws.
13.3.3 A true statement in writing from an authorized representative of the Association as to the amount of any assessments levied upon the Owner’s Separate Interest in the Common Interest Development which are unpaid on the date of the statement. The statement shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the Owner’s Separate Interest.
13.3.4 Any change in the Association’s current regular and special assessments and fees which have been approved by the Board but have not become due and payable as of the date the Association provides the documents required by this section.
[Civil Code §1368(b)] Upon written request, the Association shall, within ten (10) days after the mailing or delivery of the request, provide the Owner, who made the request, with a copy of the items specified in the foregoing paragraph or which may hereafter be required by Civil Code Section 1368, as amended from time to time. The Association may charge a fee for this service which shall not exceed the Association’s reasonable cost to prepare and reproduce the requested items, unless otherwise permitted by law.
[Civil Code § 1368(c)] The Association shall not impose or collect any assessment, penalty, or fee in connection with a transfer of title or any other interest except the Association’s actual costs to change its records and the costs authorized in providing the documents requested under the provisions set forth in the preceding paragraph.
[Civil Code § 1368(d)] Any person or entity who willfully violates the provisions set forth in this section shall be liable to the purchaser of a Separate Interest for actual damages occasioned thereby and, in addition, shall be required to pay a civil penalty in an amount not to exceed five hundred dollars ($500). In an action to enforce this liability, the prevailing party is entitled to be awarded reasonable attorney’s fees.
[Civil Code § 1368(e)] Nothing in this section affects the validity of title to real property transferred in violation of this section.
[Civil Code § 1368(f)] In addition to the requirements set forth above and in Civil Code Section 1368,
Owner transferring title to a Separate lnterest must comply with the standard real estate disclosure requirements set forth in Civil Code Sections 1102 et seq., as amended from time to time hereafter.

ARTICLE 14 – AMENDMENTS
These Bylaws may be amended by the vote (or written consent) of a majority of the Voting Power of those Members voting, either in person or by proxy, at a regular or special meeting of the Members at which a quorum is present. Notwithstanding the foregoing, the percentage of the Voting Power of the Members necessary to amend a specific clause or provision in these Bylaws shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision.
If the terms of these Bylaws are based on a statute or administrative regulation which is later amended, or if a statute or administrative regulation is enacted which establishes mandatory obligations on the association, its Members, or the Board, then the Board, by majority vote, shall have the authority to amend the Bylaws to make the Bylaws conform to the statute. The Secretary shall certify any such amendment to the Bylaws, and the Association shall provide copies of any such amendment to the Members. These Bylaws may also be amended in any manner now or hereafter permitted by law. Whenever an amendment or new Bylaw is adopted, it shall be placed in an appropriate place with the official copy of the Bylaws with the date of the meeting at which the amendment was enacted or written assent was filed. If any Bylaw is repealed, the fact of repeal, with the date of the meeting at which the repeal was enacted or written assent was filed, shall be stated in said Bylaws.

DRAFT DATE: May 13, 1998 – 24 – 0014903
DATED: January 6, 1999
CERTIFICATE OF SECRETARY OF TOP OF THE BEACH HOMEOWNERS ASSOCIATION
A California Nonprofit Mutual Benefit Corporation
I, the undersigned, do hereby certify the following:
(a} I am the duly elected Secretary of Top of the Beach Homeowners Association, a California Nonprofit mutual benefit corporation.
(b) the foregoing Amended and Restated Bylaws of said Association received the required approval of the Membership of the Association and
(c) the foregoing Amended and Restated Bylaws have been duly adopted as the Amended and Restated Bylaws of the Association effective as of the date set forth below.
January 6, 1999

HOA CCR’s

The below is an OCR document taken from a .PDF scan of the CCRs. It is provided as a convenience to owners. DISCLAIMER, the below is not a substitute for a true and legal copy of the CCRs that were provided to the owner upon purchase.

DOC # 1998-0733389
NOV 10, 1998 4:45 PM
OFFICIAl RECORDS SAN DIEGO COUNTY RECORDER’S OFFICE
GREGORY J. SMITH, COUNTY RECORDER

NOTICE:
“If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, martial status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955,or ancestry, that restriction violates state and federal fair housing laws and is void and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons· shall not be construed as restrictions based on familial status.”California Government Code 12956.1 Updated 2012

AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR TOP OF
THE BEACH HOMEOWNERS ASSOCIATION
A Residential Condominium Project
TABLE OF CONTENTS
RECITALS
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – USE RESTRICTIONS AND COVENANTS
2.1 General
2.2 Common Area
2.3 General Restrictions on Use
2.4 Leases
2.5 Restrictions on Pets
2.6 Restrictions on Signs
2.7 Restrictions on Antennae, Masts, Etc.
2.8 Exclusive Use Common Areas
2.9 Unit Modification
ARTICLE 3 – REPAIR AND MAINTENANCE
3.1 General
3.2 Owner Duty to Cooperate
3.3 Specific and General Maintenance Duties
3.4 Maintenance by Owners
3.5 Damage Caused by Owner or Item Under Control of Owner
3.6 Water Intrusion Damage
3.7 Damage During Repairs
3.8 Failure to Maintain
3.9 Termite Control
3.10 Vacating Dwelling; Costs
ARTICLE 4 – ARCHITECTURAL AND DESIGN CONTROL
4.1 General
4.2 Restricted Activity
4.3 Liability
4.4 Non-Compliance with Laws
4.5 Governmental Approvals
ARTICLE 5 – ASSOCIATION
5.1 Organization of the Association
5.2 Board of Directors
5.3 Membership
5.4 Membership Class; Voting Rights
5.5 Membership Meetings
5.6 Rules and Regulations
5.7 General Powers and Authority
5.8 Other Powers and Duties of the Association
ARTICLE 6 – ASSESSMENTS AND COLLECTION PROCEDURES
6.1 Covenant to Pay
6.2 Purpose of Assessments
6.3 Regular and Special Assessments
6.4 Utility Assessments
6.5 Other Assessment Categories
6.6 Collection of Monetary Penalty
6.7 Condominiums Not Subject To Assessment
6.8 Limitation on Assessment Increases
6.9 Owner Notice of Assessments
6.10 Costs, Late Charges and Interest
6.11 Collection of Delinquent Assessments and Late Charges
6.12 Priority of Assessment Lien
6.13 Statement of Delinquent Assessment
ARTICLE 7 – ENFORCEMENT
7.1 Right to Enforce; Remedies
7.2 Nuisance
7.3 Compliance by Owners, Tenants, Etc.
7.4 Failure to Enforce
7.5 Violation of Law
7.6 Compliance with Statute
ARTICLE 8 – INSURANCE
8.1 Fire and Casualty Insurance
8.2 General Liability Insurance
8.3 Directors and Officers Liability Insurance
8.4 Fidelity Coverage
8.5 Other Association Insurance
8.6 Review of Insurance; Notice of Cancellation or Modification
8.7 Qualifications of Insurance Carriers
8.8 Failure to Acquire Insurance
8.9 Trustee for Policies
8.10 Insurance Premiums
8.11 Insurance Policy Deductibles
8.12 Insurance Disclosures
8.13 Individual Property Insurance
8.14 Individual Liability Insurance
ARTICLE 9 – DAMAGE OR DESTRUCTION
9.1 Duty to Restore
9.2 Cost of Repair
9.3 Repair Plans
9.4 Replacement of Less Than Entire Project
9.5 Insurance Proceeds
9.6 Disbursements to Owners and Mortgagees
9.7 Certificates By Board
9.8 Certificates by Attorneys or Title Insurance Companies
ARTICLE 10 – EMINENT DOMAIN
10.1 Representation by Association
10.2 Common Area Taking
10.3 Condominium Unit Taking
10.4 Substantial Taking
ARTICLE 11 – RIGHTS OF LENDERS
11.1 Lender Rights
11.2 Protection of First Mortgagees
11.3 No Right of First Refusal
11.4 Unpaid Assessments or Charges
11.5 Action Requiring Lender Approval
11.6 Payment of Taxes and Insurance
11.7 Priority of Proceed or Award Distribution
11.8 Notification of Lender
11.9 Termination of Professional Management
11.10 Inspection of Documents, Books and Records
11.11 Non-Curable Breach
11.12 Loan to Facilitate
11.13 Right to Furnish Mortgage Information
11.14 Financial Statement
11.15 Termination without Substantial Destruction
ARTICLE 12 – AMENDMENTS
12.1 Owner Approval of Amendments
12.2 Approval of Specified Amendments
12.3 Eligible Lender Approval Response
12.4 Amendment of Declaration or Bylaws by Board Vote
ARTICLE 13 – THE PROPERTY
13.1 Project Subject to Declaration
13.2 Description of Land and Improvements; Ownership of Common
Area
13.3 Equitable Servitudes
13.4 Prohibition Against Partition
13.5 Presumption Regarding Boundaries of Units
13.6 Prohibition Against Severance of Elements
13.7 Encroachment Easements
13.8 Rights in Common Area
ARTICLE 14 – GENERAL PROVISIONS
14.1 Term
14.2 Nonwaiver of Remedies
14.3 Severability
14.4 Binding
14.5 Interpretation
14.6 Limitation of Liability
14.7 Number and Headings; Code References
14.8 Attorneys’ Fees
14.9 Variances
14.10 Governing Document Priorities
14.11 Conflict with Statutes
EXHIBIT A – DEFINITIONS
1. “Act”
2. “Articles”
3. “Association”
4. “Board”
5. “Bylaws”
6. “Capital Expenditure” or “Capital Improvement”
7. “Common Area”
8. “Condominium”
9. “Condominium Plan”
10. “County”
11. “Declaration” or “Restated Declaration”
12. “Director”
13. “Eligible Lender”
14. “Exclusive Use Common Area” or “Exclusive Use Area”
15. “Governing Documents”
16. “Improvement”
17. “Law”
18. “Member”
19. “Mortgage”
20. “Mortgagee” or “Lender”
21. “Mortgagor”
22. “Notice and Hearing”
23. “Outlet”
24. “Owner”
25. “Person”
26. “Project” or “Development” or “Property”
27. “Record” or “File” or “Recordation”
28. “Resident”
29. “Rules and Regulations”
30. “Unit” or “Living Unit” or “Separate Interest”
31. “Voting Power”
EXHIBIT B – MAINTENANCE DUTIES
EXHIDIT C – CERTIFICATE OF ASSOCIATION PRESIDENT

AMENDED AND RESTATED DECLARATION OF RESTRICTIONS FOR TOP OF
THE BEACH HOMEOWNERS ASSOCIATION

THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIONS is
made on the day and year hereinafter written, by TOP OF THE BEACH HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (“Association”), with reference to the following Recitals.

RECITALS
A. Association is a corporation whose Members are the Owners of all the Condominium Units within that certain real property in the City of San Diego, County of San Diego, State of California, more particularly described below (hereinafter “Property”): Lots A to F inclusive, in Block 189 of Mission Beach, in the City of San Diego, County of San Diego, State of California, according to map thereof No. 1651, filed in the office of County Recorder of San Diego County on December 14, 1914. Also all of the alley in said Block 189 as closed to public use by resolution No. 39862 of the council of the City of San Diego; and Lots C through G inclusive, in Block 188 of Mission Beach, in the City of San Diego, County of San Diego, State of California, according to map thereof No. 1651, filed in the office of County Recorder of San Diego County on December 14, 1914.

B. The Property was developed as a Condominium Project, as defined in Section 1351(f) of the California Civil Code, and consists of thirty-nine (39) Condominium Units and related Common Areas.

C. Ownership of the Property is currently subject to the certain covenants, conditions, restrictions, rights, reservations, easements, equitable servitudes, liens and charges set forth in the following documents:
1. The Declaration of Covenants, Conditions and Restrictions Recorded June 26, 1973 as FilelPage No. 73-175027;
2. Amendment to Declaration of Covenants, Conditions and Restrictions Recorded August 27, 1973 as FilelPage No. 80-018356; and
3. Amendment to Declaration of Covenants, Conditions and Restrictions Recorded October 25, 1984 as File/Page No. 84-402886, and any other amendments or documents that may appear of Record, all in the Official Records of the County Recorder of San Diego County, hereinafter referred to together as “Original Declaration,” unless the context clearly indicates otherwise.

D. Association now desires to amend and restate the Original
Declaration and replace it in its entirety with this Restated Declaration
(“Declaration”). Association further desires that, upon Recording this
Declaration, the Property shall be subject to the covenants, conditions,
restrictions, rights, reservations, easements, equitable servitudes, liens and
charges contained herein, and that this Declaration take the place of and
relate back in time to the Recording of the Original Declaration.

E. The Original Declaration, in Paragraph 21, provides that it may be amended by an instrument in writing signed by the Owners owning
seventy-five percent (75%) or more of the Common Area, which amendment shall become effective upon the Recording of the amendment with the Office of the County Recorder of San Diego County, California.

F. Under California Civil Code Section 1355 an amendment is effective after
(1) approval of the percentage of Owners required by the governing documents has been given, (2) that fact has been certified in a writing executed and acknowledged by the Association President if no officer has been designated in the Declaration for such purpose, and (3) the writing has been Recorded in the County in which the Property is located.

G. Since no such officer is designated in the Declaration, the President’s certification is attached hereto as Exhibit C.

H. As more fully set forth in Exhibit C, the President certifies that, to the best of said President’s knowledge and belief, the affirmative vote or written consent of at least the required percentage of Owners has been obtained, and thus this Declaration is being Recorded to give effect to this Amendment.

NOW, THEREFORE, the Association hereby declares that all Of the Property previously has been and hereafter shall continue to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the declarations, limitations, covenants, conditions, restrictions, reservations, rights, and easements set forth in this Declaration, as the same may be amended from time to time, all of which are declared and agreed to be in furtherance of a plan established for the purpose of enhancing and perfecting the value, desirability, and attractiveness of the Property. All provisions of this Declaration shall constitute covenants running with the land and enforceable equitable servitudes upon the Property, and shall be binding on and for the benefit of all of the Property and all parties having or acquiring any right, title, or interest in all or any part of the Property, including the heirs, executors, administrators, and assigns of these parties
and all subsequent owners and lessees of all or any part of a condominium.

ARTICLE 1 – DEFINITIONS
Unless otherwise defined in this Declaration, capitalized terms or words used in this Declaration shall have the definitions found in Exhibit A, attached hereto and incorporated herein by this reference, or in the Davis-Stirling Common Interest Development Act (California Civil Code Section 1350 et seq., hereafter “Act”). Words not defined in the Declaration or in the Act shall be understood in their ordinary and popular sense, as determined by the context in which they are used, unless the context indicates that the term or word is a defined term which was inadvertently not capitalized.

Statutes or administrative regulations that are shown in brackets at the beginning of a section or paragraph in this Declaration are intended to show that the respective section or paragraph is based on the particular statute or administrative regulation referred to in the brackets. Unless otherwise noted, all references are to statutes and administrative regulations of the State of California. Any issues not addressed expressly by the Governing Documents of the Association shall be controlled by relevant
provisions of the Act and the California Corporations Code and by judicial
interpretations of them, whether the Association is incorporated or not.

ARTICLE 2 – USE RESTRICTIONS AND COVENANTS

2.1 General. The use and enjoyment of the Project by Owners and their tenants, guests, invitees or any other person deriving rights from such Owner, shall be subject to the covenants and restrictions and other terms
contained in the Governing Documents. Each such person shall comply with the provisions hereof and shall be subject to any enforcement actions in the event of violations. As more fully set forth in Section 7.1, both the Association, through the Board of Directors, and each Owner shall be entitled to enforce the Governing Documents.

2.2 Common Area. The following provisions govern the use and enjoyment of the Common Area: 2.2.1 The Association shall have an easement in, to, and throughout the Common Area and the Improvements thereon to perform its duties and exercise its powers; 2.2.2 Except as provided in this Declaration, there shall be no judicial partition of the Common Area, nor shall any person acquiring an interest in all or any part of the Project seek any judicial partition; 2.2.3 Subject to the provisions of this Declaration, each Owner has nonexclusive rights of ingress, egress, and support through the Common Area. These rights shall be appurtenant to any deed of conveyance. However, these rights shall not interfere with, and shall be subordinate to, any exclusive right to use an area;
2.2.4 The Owners’ rights of use and enjoyment of the Common Area shall be subject to the restrictions set forth in the Governing Documents, and the right of the Association, subject to the limitations of any Laws or the Governing Documents, to: (a) Adopt and enforce reasonable Rules and Regulations for the use of the Common Area and the Project; (b) Place reasonable limits on the number of persons using the Common Area; (c) Assign or otherwise control the use of any unassigned parking spaces within the Common Area; (d) Remove any vehicle within the Project parked in violation of this Declaration or the Rules and Regulations of the Board in accordance with the provisions of California Vehicle Code Section 22658.2 and any amendments thereto; (e) Suspend the voting rights of any Owner, and suspend or impose conditions on the rights of any Owner, and the Persons deriving rights from any Owner, to use and enjoy the Common Area for any period during which the Owner is delinquent in the payment
of any Assessment, fine or monetary penalty, or as otherwise provided in the Governing Documents; (f) Cause the construction of additional Improvements in the Common Area, or to cause the alteration or removal of existing Improvements on the Common Area; (g) Grant, dedicate, consent to, or join in the grant or conveyance of easements, licenses, or rights-of-way in, on, or over the Common Area, including a grant or consent to allow one or more Owners to use portions of the Common Area exclusively, subject to the Governing Documents; (h) Place reasonable restrictions on access to roofs, maintenance facilities or areas, landscaped areas, and similar areas of the Project; and (i) Approve any proposed alteration of or modification to the Common Area or any Unit;

2.2.5 The Association may grant to third parties easements in, on, and over the Common Area for the purpose of constructing, installing, or maintaining necessary utilities and services, or other purposes reasonably
related to the operation of the Project, and each Owner, in accepting his or
her deed to the Condominium, expressly consents to these easements. However, no such easement may be granted if it would unreasonably interfere with any exclusive easement, or with any Owner’s use, occupancy, or enjoyment of his or her Condominium;

2.2.6 Notwithstanding the easement rights or other rights contained herein, an Owner who has sold his or her Condominium to a contract purchaser or who has leased or rented the Condominium shall be deemed to have delegated his or her rights to use and enjoy the Common Area to the contract purchaser or tenant who resides in the Owner’s Condominium, subject to reasonable regulation by the Board. Where the Owner is deemed to have delegated such rights to a contract purchaser or tenant, the Owner and the Owner’s family, guests, employees, and invitees shall not be entitled to use and enjoy the Common Area for as long as the delegation remains effective;

2.2.7 All internal and external telephone wiring designed to serve a single Unit, but located outside the boundaries of the Unit, is allocated exclusively to that Unit. The Owner of the Unit shall be entitled to reasonable access to the Common Area for the purpose of maintaining this wiring, subject to the consent of the Association and to any other conditions reasonably imposed by the Association. The Association’s consent shall not be unreasonably withheld.

2.3 General Restrictions on Use. In exercising the right to occupy or use a Condominium or the Common Area and its Improvements, the Owner and the Owner’s family, guests, employees, tenants, and invitees shall not do any of the following:

2.3.1 Attempt to further subdivide a Condominium without obtaining the prior approval of the Association or attempt to sell, assign, lease or convey the Owner’s interest in the Common Area separate and apart from his or her Condominium;

2.3.2 Occupy or use a Condominium, or permit all or any part of a Condominium to be occupied or· used, without Board approval, for any purpose other than as a private, single-family dwelling, and no portion thereof nor the Common Area shall be used for any commercial purpose. However, such Condominiums may be used for a commercial purpose that is compatible with and in accordance with the existing zoning Laws of the City of San Diego relating to the Property, subject to the prior written approval of the Board, and the Board shall not unreasonably withhold its consent for any such commercial use. Nothing in this Declaration shall prevent an Owner from leasing or renting his or her Condominium, provided that it is not for transient or hotel purposes, and is subject in all respects to the Governing Documents and specifically to Section 2.4 below;

2.3.3 Permit anything to obstruct the Common Area or store anything on the Common Area without the prior written consent of the Board, except as otherwise provided in the Governing Documents;

2.3.4 Perform any act or keep anything on or in any Condominium or in the Common Area that will increase the rate of insurance on the Common Area without the Board’s prior written consent. Further, no Owner shall permit anything to be done or kept in his or her Condominium or in the Common Area that would result in the cancellation of insurance on any Condominium or on any part of the Common Area or that would violate any Law;

2.3.5 Store gasoline, kerosene, cleaning solvents, or other flammable liquids or substances, or any toxic or hazardous materials on the Common Area or in any Separate Interest; provided, however, that reasonable amounts of these liquids, substances or materials may be placed in appropriate containers and properly stored;

2.3.6 Engage in any illegal, noxious or offensive activity in any part of the Project, or do any act which unreasonably threatens the health, safety or welfare of other Residents of the Project;

2.3.7 Alter, attach, construct, or remove anything on or from the Common Area, except upon the written consent of the Board;

2.3.8 Park any automobile or other motor vehicle in the Common Area, except in a space designated for the Owner by the Board or the Governing Documents. The Board, in its discretion, may adopt reasonable Rules governing the operation, maintenance, storage and parking of any vehicle,
including trucks, campers, trailers, boats or commercial vehicles on the Common Area. Any vehicles violating the Rules may be removed as provided in Section 5.7.5;

2.3.9 Keep or maintain any fixture, personal property or other object upon any Exclusive Use Area which interferes with the enjoyment of adjacent Condominiums, or which may be in derogation of any Rules duly adopted
by the Board.

2.4 Leases. Any agreement for the leasing or rental of a Condominium (hereinafter “Lease”) shall provide that the terms of such Lease shall be subject in all respects to the provisions of this Declaration and other Governing Documents of the Association. Said Lease shall further provide
that any failure by the tenant thereunder to comply with the terms of the
foregoing documents shall be a material default under the Lease. All Leases
shall be in writing. Any Owner who shall lease his Condominium shall be responsible for assuring compliance by such Owner’s tenant with this Declaration and other Governing Documents of the Association. Failure by an Owner to take legal action, including the commencement of proceedings in unlawful detainer against such Owner’s tenant who is in violation of this Declaration or other Governing Documents of the Association within ten (10) days after receipt of written demand so to do from the Board, shall entitle the Association, through the Board, to take any and all such action, including the commencement of proceedings in unlawful detainer on behalf of such Owner or the Association against such Owner’s tenant. Any expenses incurred by the Association, including attorneys’ fees and costs of suit, shall be repaid to it by such Owner. Failure by such Owner to make such repayment within ten (10) days after receipt of a written demand therefor shall entitle the Board to levy an assessment against such Owner and the Owner’s Condominium for all such expenses incurred by the Association. If such an assessment is not paid within thirty (30) days after the due date, the Board may resort to all remedies of the Association for the collection thereof including those set forth in Article 6 hereof. No Owner may lease less than the entire Condominium. In addition, no Condominium shall be leased for transient or hotel purposes, or any rental whatsoever, if the occupants thereof are provided with customary hotel services such as room service for food and beverages, or bellboy service.

2.5 Restrictions on Pets. Not exceeding one (1) usual and ordinary household pet not exceeding twenty (20) pounds in weight (exclusive of
two (2) caged birds) may be kept in any Unit, provided that such pets shall not be allowed on the Common Area except as may be permitted by rules made by the Board. Except as provided in the previous sentence, no animals, livestock, birds, or poultry shall be brought within the Condominium Property. Notwithstanding the previous paragraph, no Owner or other occupant of a Condominium may raise or keep pets which interfere with, or have a reasonable likelihood of interfering with, the rights of any Owner or other occupant of a Condominium to the peaceful and quiet enjoyment of the Condominium. If the Board determines that any such pet(s) or other animal( s) create an unreasonable annoyance or nuisance to any Owner or other occupant of a Condominium, the raising or keeping thereof shall be discontinued within a reasonable time after such determination. No owners may raise or keep animals for commercial purposes. The Association, its Board, officers, employees and agents shall have no liability to any Owner, their family members, guests, invitees, tenants and contract purchasers, or any other person on the Project, for any damage or injury to persons or property caused by any pet, absent any willful or wanton negligence on the part of the Association, or its Board,
officers, employees and agents.

2.6 Restrictions on Signs. No signs other than two signs not to exceed over 432 square” inches (equivalent to 18″ x 24″) in size advertising a Unit for sale or rent shall be erected or displayed in any Unit so that it is visible from outside the Unit. No signs shall be erected or displayed on the Common Area except signs placed by authority of the Board. No one may erect or display any sign on or from any Unit or Exclusive Use Common Area except as allowed by Sections 712 and 713 of the California Civil Code, and the Rules and Regulations. All signs must conform with applicable governmental ordinances. No signs shall be erected or displayed on the Common Area except signs placed by authority of the Board.

2.7 Restrictions on Antennae, Masts, Etc. There shall be no outside television or radio antennae, masts, poles or flag poles constructed, installed or maintained in the Project for any purpose whatsoever without the prior written consent of the Board.

2.8 Exclusive Use Common Areas. Each Exclusive Use Common Area shall be (i) appurtenant to the Unit, the Unit of which bears the same number as the Exclusive Use Area as set forth on the Unit Plan, and (ii) used only for
the purposes set forth in this Declaration. The right to so use an Exclusive
Use Common Area shall be exercisable only by the Owner(s) of the Unit
appurtenant thereto and/or said Owner’s tenants and licensee(s). Conveyance of a Unit shall effect conveyance of Exclusive Use Common Areas appurtenant thereto and transfer of all rights thereto to the vested Owner of the Unit. Any licensees) thereto shall be terminated upon such conveyance. No Exclusive Use Common Area or any rights thereto (other than said revocable licenses) shall be transferred or conveyed apart from conveyance of the Unit to which they are appurtenant. Each Exclusive Use Common Area shall be deemed to be Common Area for all those purposes set forth in this Declaration which are not inconsistent with this Declaration. Subject to Rules and Regulations adopted by the Board, each Owner shall have the right to place furniture and potted plants on any Exclusive Use Common Area which the Owner has the exclusive right to use, and should any Exclusive Use Common Area have appropriate areas therefor, to landscape and plant flowers and shrubs which do not unreasonably interfere with the enjoyment of adjacent Units or other portions of the Common Area. Each Owner shall have the right to park and store one (1) standard automotive vehicle, pickup truck or van in the parking space which he has the exclusive right to use. However, the Board shall have the right to permit a second vehicle, such as a motorcycle, to be parked in such parking space on such conditions as the Board, in its sole and absolute discretion, deems appropriate, and provided that the Board determines that the two vehicles can fit comfortably into the space without encroaching either on Common Area or on the space reserved for any other Owner. Except as provided in this Section, nothing contained herein shall give any Owner the right to paint, decorate, remodel or alter said Exclusive Use Areas or any other part of the Common Area without the prior written consent of the Board.

2.9 Unit Modification. Subject to other applicable restrictions contained in the Governing Documents, Owners may modify their Units subject to the following:

2.9.1 Modifications or alterations of the exterior of any Unit must have the prior written consent of the Board or a duly appointed Architectural Committee, including any modifications to facilitate access for persons who are physically impaired as provided by Section 1360 of the California Civil Code. Any approval of such a modification may be conditioned on such
modification’s removal, by the Owner at his or her sole expense, once the
access is no longer necessary for the Unit.

2.9.2 Installation of any carpet, tile or other floor covering must have prior approval of the Board or Architectural Committee. The Board or Architectural Committee review shall be limited to a review of the potential
sound transfer between Units. Plans which do not adequately mitigate sound transfer, in the sole discretion of the Board or Committee, shall be denied. In deciding upon floor coverings, Owners shall take all reasonable measures to choose floor coverings that mitigate sound transfer between Units. The Board shall have the power to order an Owner who has not complied with this Section to remove and replace any floor covering which does not adequately mitigate sound transfer.

2.9.3 No Owner may install any shutter, screen, blind, curtain, drape or other appurtenance in or on any window or door except those items which conform with standards established by the Board.

2.9.4 No Owner may enclose any portion of an Exclusive Use Common Area without the prior written consent of the Board.

2.9.5 Except as provided by the Governing Documents, Owners shall not have the right to paint, decorate, remodel or alter any Exclusive Use Common Area or the Common Area without the prior written consent of the Board.

ARTICLE 3 – REPAIR AND MAINTENANCE

3.1 General. The Association and all Owners are required to fulfill the maintenance requirements imposed by the Governing Documents. For purposes of this Article “maintenance” shall include, without limitation, all
maintenance, repair, replacement, restoration, upkeep, weatherproofing,
cleaning or application of paint, stain, paper, plaster, tile, and other
finishes as needed to keep Improvements in a clean, safe, sanitary and
attractive condition and to preserve the attractive appearance of each Unit,
Exclusive Use Common Area, and the Project and to protect the values thereof, and to ensure that there is no threat to the health, safety or welfare of any Resident. The Board shall have the power to determine the standards of such maintenance, including the standards of landscaping, the selection and replacement of plant materials and the standards for exterior and structural maintenance by the Association. The replacement of exterior items by Owners shall be subject to the architectural approval requirements of Article 4.

3.2 Owner Duty to Cooperate. To the extent necessary or desirable to accomplish the Association’s maintenance obligations hereunder, individual Owners and Residents shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work.

3.3 Specific and General Maintenance Duties. Subject to Article 9, pertaining to the destruction of improvements, and Article 10, pertaining to eminent domain, Exhibit B, attached hereto and incorporated herein by reference, sets forth the respective maintenance duties of the Association and the Owners for a list of specific components within the Project. If there is a conflict between the provisions of Exhibit B and the general maintenance duties set forth in this Article, it is intended that the provisions of Exhibit B shall control. If Exhibit B contains an ambiguity or provides no guidance, then the general maintenance duties which follow shall be used to determine whether the Association or the Owner has the maintenance responsibility for the component or components involved. The Association, in general, shall be responsible for all maintenance within the Common Area, and each Owner shall be responsible for the maintenance of all portions of the Owner’s Unit and any appurtenant Exclusive Use Common Area. All Improvements shall be maintained in a clean, sanitary and attractive condition and in accordance with the Condominium Plan and the original construction design of the Improvements in the Project. No person other than the Association or its duly authorized agents shall construct, reconstruct, refinish, alter or maintain any Improvement upon, or shall create any excavation or fill or change the natural or existing drainage of any portion of the Common Area. In addition, no person shall remove any tree, shrub or other vegetation from, or plant any tree, shrub, or other vegetation upon the Common Area without express written approval from the Board.

3.4 Maintenance by Owners. Unless otherwise provided in Exhibit B, each Owner shall be responsible for the maintenance of all portions of the Owner’s Unit and the appurtenant Exclusive Use Common Areas in a clean,
sanitary and attractive condition and in accordance with the Condominium Plan and the original construction design of the Improvements in the Project. Each Owner’s maintenance duties are subject to the following limitations:

3.4.1 Each Owner shall keep the Exclusive Use Common Area free from debris and maintained in a reasonably good state of repair, subject to the approval of the Board or Architectural Committee.

3.4.2 No bearing walls, ceilings, floor or other structural or utility bearing portions of the buildings housing the Units shall be pierced or otherwise altered or repaired, without the prior written approval of the plans for the alteration or repair by the Board or Architectural Committee.

3.4.3 Subject to the foregoing, no Owner shall be responsible for the periodic structural repair or replacement of his assigned Exclusive Use Common Area, so long as the repair or replacement is not caused by the willful or negligent acts of the Owner or his Family, tenants or guests.

3.5 Damage Caused by Owner or Item Under Control of Owner. [Civil Code § 1367] Should any damage to the Common Area or any Unit result from the act or omission of any Owner, or such Owner’s family members, tenants,
guests, invitees, pets or other person or entity deriving any interest through such Owner, or from any item the maintenance, repair or replacement of which is an Owner responsibility, the cost of all repairs shall be borne solely by the culpable Owner. In the case of joint ownership of a Condominium, the liability of the co-owners shall be joint and several, unless the co-owners and the Association have agreed in writing to an alternative allocation of liability. The Association shall be responsible for performing the repair of any damage to the Common Area or items over which the Association has control at the culpable Owner’s expense. The culpable Owner shall be responsible for performing the repair of any damage to his or her Unit or Exclusive Use Common Area over which such Owner has control. The Owner of any other Unit or Exclusive Use Common Area which sustained damage shall be responsible for performing the repair of any such damage, and may charge the cost thereof to the culpable Owner. If the culpable Owner disputes or refuses to pay the repair costs incurred by the Association, the Association, after Notice and Hearing procedures as provided for the imposition of monetary fines or suspensions, may charge the cost of those repairs to such . Owner as an Individual or Special Assessment, with the full authority to lien on such amount following non-payment. If the damage is such as may be covered by any insurance carried by the Association, the Board may, in its sole discretion, elect to submit the claim for the cost of repairs to its insurance carrier. Provided the submitted claim is covered by the Association’s insurance, the culpable Owner shall be responsible for the cost of any deductible applicable to the covered claim. If the submitted claim is not covered by the Association’s insurance, the Owner shall be responsible
for the total cost of repair. All repairs performed to correct any damage shall be sufficient to return the damaged property only to its condition prior to the damage, with upgrades as may be required to conform with any applicable building codes in effect at the time the damage is repaired.

3.6 Water Intrusion Damage. Notwithstanding any other provision in the Governing Documents, each Owner shall be solely responsible for the repair or replacement of any damage to any and all interior items of his or her Unit, and the cost thereof, including, but not limited to, any personal property, decorations, interior surfaces, floor and wall coverings, appliances, fixtures or other items therein, caused by water intrusion from whatever source. An Owner may obtain and maintain such insurance, at his or her sole expense, to protect against any damage or loss of property due to water intrusion, or the cost of repair or replacement of damaged items for which such Owner is responsible. However, the Association shall not be liable for damage to any of the Owner’s personal property or fixtures resulting from water which may leak or flow from outside of any Unit or from any part of the Building, or from any pipes, drains, conduits, appliances or equipment or from any other place or cause, unless caused by the gross negligence of the Association, its Board, officers, agents or employees.

3.7 Damage During Repairs. In the course of carrying out the maintenance and repair responsibilities of the Association, it may be necessary for agents or representatives of the Association to remove floor or wall coverings, appliances, fixtures or other similar items within a Unit or Exclusive Use Common Area. In this event, the Association’s agents or representatives shall use care to cause as little damage as possible. As provided in Section

5.7.4, the Owner of the area shall be responsible, at his or her sole expense, to repair or replace any such floor or wall coverings, appliances, fixtures or other similar items which might be damaged as an inevitable consequence of performing such repair or replacement.

3.8 Failure to Maintain. If an Owner fails to maintain the areas described herein pursuant to the standards set by the Board, the Board may notify the Owner of the corrective janitorial, maintenance or repair work required and request that the same be done within a reasonable time from the giving of such Notice. If the Owner fails to carry out such work within said time
period, the Board may, following notice and an opportunity for a hearing, cause such work to be done, and the cost thereof shall immediately be paid by such Owner to the Association and until paid shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate authorized by Law).

3.9 Termite Control. [Civil Code §1364] The responsibility for control of wood destroying pests or organisms shall be as provided in Section 1364 of the California Civil Code. Notwithstanding anything else herein, if an Owner wishes to obtain a termite clearance certificate for any purpose, the Owner shall be solely responsible for any and all costs associated with obtaining the certificate, including, without limitation, the costs of maintenance and repair of the Unit, Exclusive Use Common Area, or Common Area which may be necessary to obtain the termite clearance certificate. An Owner or
group of Owners may agree, in a signed writing delivered to the association, with such reasonable assurances as the Board may request, to share the above costs. Neither the Association, the Board, officers, agents and employees shall have any liability, absent willful or wanton negligence, to any Owner, family member, guest, invitee or tenant for any damage caused by the treatment.

3.10 Vacating Dwelling; Costs. [Civil Code §1364] The Association shall have the power to temporarily remove any resident for such periods and at such times as may be necessary in connection with any maintenance or repair work performed by the Association, including, but not limited to, treatment for wood destroying pests or organisms. The costs of any temporary relocation during such maintenance or repair work shall be paid by the Owner affected. The Association shall give notice of the need to temporarily vacate a Separate Interest to the Record Owners and occupants not less than fifteen (15) days nor more than thirty (30) days prior to the date of
the temporary relocation. The notice shall state the reason for the relocation, the date and time of the beginning of work, the anticipated date and time of termination of work and that the occupants will be responsible for all necessary accommodations during the relocation.

ARTICLE 4 – ARCHITECTURAL AND DESIGN CONTROL

4.1 General. Any change or Improvement to the exterior of a Unit or Exclusive Use Common Area shall be governed by this Article. Changes or Improvements to the Common Area by the Association do not need to comply with the requirements of this Article. The powers and duties set forth in this Article shall be vested in, and exercised by, the Board. The Board may establish an Architectural Committee as provided herein to assist the Board in reviewing architectural submittals, and to provide recommendations to the Board with regard to approval or disapproval of any submittal. The foregoing notwithstanding, the Board shall be solely responsible for approving or rejecting any architectural submittal. 4.2 Restricted Activity. No building, fence, wall, pool, spa, obstruction, outside or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, trellis, landscaping, Improvement or structure of any kind, or exterior alteration, or any interior alteration which would affect the structural integrity of the building or the water, sewer or electrical lines, shall be commenced, erected, placed, painted or maintained upon the Project, nor shall any alteration or Improvement of any kind be made thereto, until the same has been approved in writing by the Board.

4.3 Liability. Neither the Board, nor any member thereof shall be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of: (a) the approval or disapproval of any plans, drawings and specifications, whether or not defective; (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (c) the development of any property within the neighborhood; or (d) the execution and filing of an estoppel certificate whether or not the facts therein are correct; provided, however, that such member has acted in good faith on the basis of such information as may be possessed by him or her.

4.4 Non-Compliance with Laws. Neither the Association, the Board nor the Architectural Committee shall be responsible for any non-compliance with any governmental Law, rule or regulation of any building or other structure erected, constructed, installed, placed, altered or maintained in accordance with or pursuant to any plans and specifications approved by the Board or Committee or any defect in any conditions or requirements they may have imposed with respect thereto.

ARTICLE 5 – ASSOCIATION

5.1 Organization of the Association. The Association is incorporated as a nonprofit corporation organized under the California Nonprofit Mutual Benefit Corporation Law. The Association is created for the purpose of managing the Project and is charged with the duties and granted the powers prescribed by Law and as set forth in the Governing Documents.

5.2 Board of Directors. The affairs of the Association shall be managed and its duties and obligations performed by an elected Board of Directors, as provided in the Bylaws.

5.3 Membership. Every Owner, upon becoming an Owner, shall automatically become a Member of the Association. Ownership of a condominium is the sole qualification for membership. Each Member shall have the rights, duties, privileges, and obligations as set forth in the Governing Documents. Membership shall automatically cease when the Owner no longer holds an ownership interest in a Condominium. All memberships shall be appurtenant to the Condominium conveyed, and cannot be transferred, assigned, conveyed, hypothecated, pledged, or alienated except as part of a transfer of the Owner’s entire ownership interest, and then only to the transferee. Any transfer of the Owner’s title to his or her Condominium shall automatically transfer the appurtenant membership to the transferee.

5.4 Membership Class; Voting Rights. The Association shall have one class of membership, and the rights, duties, obligations and privileges of the Members shall be as set forth in the Governing Documents. Each Member shall be entitled to cast one (1) vote for each Condominium owned, subject to the provisions set forth in the Bylaws and in the Corporations Code.

5.5 Membership Meetings. Meeting of Members shall be held in accordance with the Bylaws.

5.6 Rules and Regulations. The Board shall have the power to adopt reasonable Rules and Regulations governing the use of the Units, Exclusive Use Common Areas, the Common Area, and any common facilities and Association owned property, and the conduct at Board and Members’ meetings, in accordance with the following:

5.6.1 The Rules and Regulations may include, but are not limited to:
(a) Reasonable restrictions on the conduct of Owners and their families, guests, employees, tenants and invitees as to activities on the Common Area, Units, and Exclusive Use Common Areas.
(b) The setting of reasonable fees, deposits and use fees for any Common Area facilities.
(c) The establishment of reasonable Notice and Hearing procedures, as provided in the Bylaws, and a schedule of monetary penalties and fines which may be imposed for violations of any provisions of the Governing Documents.

5.6.2 A copy of the current Rules and Regulations, if any, and all modifications, revisions and updates shall be given to each Owner within thirty (30) days after adoption by the Board.

5.7 General Powers and Authority. [Civil Code §1363(c)] The Association shall have all the powers of a nonprofit mutual benefit corporation organized under the California Nonprofit Mutual Benefit Corporation Law, subject to any limitations set forth in the Governing Documents. It may perform all acts that may be necessary for or incidental to the performance of the obligations and duties imposed upon it. Its powers shall include, but are not limited to:

5.7.1 The power to establish, fix, levy, collect, and enforce the payment of Assessments against the Owners in accordance with the procedures set forth in Article 6 herein;

5.7.2 The right to institute, defend, settle, or intervene in litigation, arbitration, mediation, or administrative proceedings in its own name as the real party in interest and without joining with it the Owners, as provided in the California Civil Code and Code of Civil Procedure.

5.7.3 The right to discipline Owners for violation of any of the provisions of the Governing Documents (i) by suspending the Member’s membership rights, including the Member’s voting rights and the rights and privileges to use the Common Area and facilities appurtenant to the Member’s Condominium, (ii) by imposing monetary fines, subject to the requirements for Notice and Hearing as more fully set forth in the Bylaws, and (iii) Recording a notice of noncompliance against the Owner’s Condominium to the extent allowed by Law;

5.7.4 The right for its agents and employees to enter any Condominium when necessary in connection with any maintenance, landscaping, or construction work for which the Association is responsible. This entry shall be made only upon reasonable notice to the Owner (except in the case of an emergency) and with as little inconvenience to the Owner as is practicable. However, the Association shall not be responsible for any damage or destruction of Owner-installed Improvements that are damaged or destroyed if they interfere with the Association’s easement for access to any Association-maintained Improvements; and

5.7.5 The Board shall have the power to remove any vehicle within the Project parked in violation of this Declaration or the Rules and Regulations in accordance with the provisions of California Vehicle Code Section 22658.2 and any amendments thereto.

5.7.6 The power, without the approval of the Membership, to bid and acquire any Condominium at a foreclosure sale.

5.7.7 The power separately to use meters or submeters to charge Owners for use of utilities by such means as may be determined in the sole discretion of the Board.

5.8 Other Powers and Duties of the Association. Subject to the limitations set forth in the Governing Documents, the Association, acting through the Board, shall have other powers and duties as more fully described in the Bylaws.

ARTICLE 6 – ASSESSMENTS AND COLLECTION PROCEDURES

6.1 Covenant to Pay. Each Owner, by acceptance of the deed to the Owner’s Condominium, is deemed to covenant and agree to pay to the Association Regular, Special and Individual Assessments, and all other charges duly levied by the Association pursuant to the provisions of this Declaration or by Law. This covenant is independent of any covenants contained herein which obligate the Association to perform any actions or provide any services. Any assessment, late charges, reasonable costs of collection, and interest, as assessed in accordance with the provisions of this Article, shall also be the personal obligation of the Owner of the Condominium at the time the assessment or other sums are levied. Co-Owners of a Condominium shall be jointly and severally liable for all charges levied by the Association on that Condominium. No Owner may waive or otherwise escape liability for these assessments by nonuse of the Common Area or abandonment of the Owner’s Condominium.

6.2 Purpose of Assessments. Except as provided herein, the Association shall levy assessments sufficient to perform its obligations. The assessments levied by the Association shall be used to promote the recreation and welfare of the Owners; for the operation, replacement, Improvement, and maintenance of the Project; and to discharge any other obligations of the Association under this Declaration. All assessment payments shall be put into general operating and reserve funds to be used for the foregoing purposes.

6.3 Regular and Special Assessments. The Board shall determine and levy such Regular and Special Assessments as necessary to perform its duties under the Governing Documents, to meet its obligations, and to comply with applicable Laws. Regular and Special Assessments shall be divided equally among all Condominiums and allocated among, assessed against and charged to each Owner according to the ratio of the number of Condominiums owned by the assessed Owner to the total number of Condominiums subject to assessment. Each Condominium shall bear an equal share of the total assessment. Regular Assessments for fractions of any month shall be prorated. Each Owner is obligated to pay assessments to the Association in equal monthly installments on or before the first day of each month unless the Board adopts an alternative method for payment. Regular Assessments may be increased, or Special Assessments may be imposed, as the Board in its sole discretion determines necessary, subject however, to the increases permitted under Section 6.8 below.

6.4 Utility Assessments. In addition to any other assessment levied against a Condominium, the Association may impose a Utility Assessment for any utilities that are not separately metered and charged to the Condominiums by the utility company. If any such Utility Assessment is imposed by the Association, each Owner shall be obligated to pay to the Association, or its agent, a Utility Assessment comprised of the costs for those utilities used by each Condominium as determined by the Board in its discretion. The amount of the Utility Assessment levied by the Association against a Condominium shall be based upon each Condominium’s actual consumption of the utility and may vary from month to month based upon such actual usage. The rate charged to each Condominium shall be based upon the utility company’s rate for multifamily, residential dwellings or an equivalent designation established by the utility company. The Utility Assessment may include a nominal fee charged by a person or firm to read the sub-meter and administer the Utility Assessment. Anything in the Declaration to the contrary notwithstanding, the Utility Assessment shall be separate from, and not considered a part of either Regular or Special Assessments, and shall not be subject to the limitations on the increases or decreases thereof contained in this Declaration or in Section 1366 of the California Civil Code or any successor statute or Law. Duly levied Utility Assessments shall be subject to Section 6.10 herein regarding costs, late charges and interest for delinquent payment, and may become a lien on the Condominium, in the same manner as Regular and Special Assessments.

6.5 Other Assessment Categories. The Board may levy such other assessments (“Individual Assessments”) against Owners and their respective Condominiums, including but not limited to, the following:

6.5.1 Monetary penalties or fines levied against an Owner and his or her Condominium as a disciplinary measure for failure of such Owner, or his or her tenants, guests, invitees, agents, or others claiming under such Owner, to comply with the Governing Documents.

6.5.2 Reimbursement Assessments against Owners and Condominiums whenever the Association (i) performs any service or accomplishes any item of repair or maintenance which is the duty of any Owner to accomplish, but which has not been accomplished by such Owner, or (ii) incurs any costs which by Law or as required by the Governing Documents must be reimbursed by an Owner. Prior to levying an assessment provided for in this Section, the Board shall provide an Owner with Notice and Hearing procedures in accordance with the Bylaws.

6.6 Collection of Monetary Penalty. [Civil Code §1367] If the Board of Directors imposes a monetary penalty or fine against an Owner, that fine shall be subject to costs, late charges and interest as described in Section 6.10 for delinquent payment. Furthermore, such monetary penalty or fine may become a lien on the Condominium, collectable by the Association as allowed by Section 6.11 herein, so long as such monetary penalty is for damage to the Common Area or other areas the Association is responsible for maintaining.

6.7 Condominiums Not Subject To Assessment. Assessments which would normally become due on Condominiums, but which Condominiums are owned by the Association, shall be deemed to be common expenses collectible from all of the remaining Condominiums in the same proportion that each Condominium bears to all other Condominiums, after excluding the Condominiums owned by the Association.

6.8 Limitation on Assessment Increases. [Civil Code §1366] Except for an emergency, the Board may not, without the approval of a majority of the Owners casting a majority of the votes at a meeting or election of the Association at which a quorum is present, conducted in accordance with Corporations Code Sections 7510 – 7527 and 7613, impose a Regular Assessment per Condominium that is more than twenty percent (20%) greater than the Regular Assessment for the preceding fiscal year, or levy Special Assessments that, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. For purposes of this Section, a “quorum” means more than fifty percent (50%) of the Owners of the Association. These limitations shall not apply to assessment increases that are necessary for an emergency. An “emergency” is an extraordinary expense that is:

6.8.1 Required by a court order;

6.8.2 Necessary to repair or maintain the Project or any part of it for which the Association is responsible when a threat to personal
safety in the Project is discovered; or

6.8.3 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. Before the Board may impose or collect an assessment in such an emergency, it shall pass a resolution containing written findings as to the necessity of the extraordinary expense and why the expense was not or could not have been reasonably foreseen in the budgeting process, and shall distribute the resolution to the Owners with the notice of assessment.

6.9 Owner Notice of Assessments. [Civil Code §1366] The Association shall provide notice by first-class mail to the Owners of any increase in the Regular Assessments or the imposition of a Special Assessment not less than thirty (30) days nor more than sixty (60) days prior to the date the increase in the Regular Assessment or Special Assessment becomes due.

6.10 Costs, Late Charges and Interest. [Civil Code § 1366] Late charges may be levied by the Association against an Owner for the delinquent payment of assessments. An assessment, including any installment payment, is delinquent fifteen (15) days after its due date. If an assessment is delinquent, the Association may recover all of the following from the Owner:

6.10.1 Reasonable costs incurred in collecting the delinquent assessment, including actual attorneys’ fees.

6.10.2 A late charge not exceeding ten percent (10%) of the delinquent assessment or ten dollars ($10.00), whichever is greater, or the maximum amount allowed by Law.

6.10.3 Interest on the foregoing sums, at an annual percentage rate of twelve percent (12%) commencing thirty (30) days after the assessment becomes due. No late charge may be imposed more than once for the delinquency of the same payment. The amounts delinquent, including the entire unpaid balance and any related costs described herein, may be collected by the Association as provided by Law and in Section 6.11 below.

6.11 Collection of Delinquent Assessments and Late Charges. [Civil Code § 1367] Delinquent assessments and any related late charges, reasonable costs of collection (including actual attorneys’ fees), and interest, shall become a lien upon the Condominium in accordance with the Bylaws and California Civil Code Section 1367 or other applicable statute. The Association may collect assessments or foreclose on liens in the manner set forth in the applicable provisions of the Civil Code, and in any other manner authorized or permitted by Law. Unless otherwise required by Law, any officer of the Association, any employee or agent of the Association authorized to do so by the Board, or the Association’s attorney is authorized to sign any notices, liens or other documents, as needed for the collection of delinquent assessments and other costs of collection. Any lien filed to secure collection of delinquent assessments shall continue until all amounts secured thereby are fully paid or otherwise satisfied.

6.12 Priority of Assessment Lien. The assessment lien referred to in Section 6.11 shall be superior to all other liens, except (i) all taxes, bonds and governmental assessments which, by Law, would be superior thereto, and (ii) the lien or charge of any First Mortgage of Record. Notwithstanding any other provision to the contrary, the following provisions shall govern the priority and obligation for payment of the assessment lien:

6.12.1 Only the judicial or non-judicial foreclosure of the First Mortgage shall operate to transfer title free of the assessment lien or obligation for any assessment lien, and then only as to payments which became due prior to the date of sale.

6.12.2 Neither the transfer of a Condominium pursuant to a foreclosure of any Mortgage, nor an election by the Association to proceed against any new Owner for payment, shall serve to cancel the personal obligation of the prior Owner for payment of the delinquent assessments and charges which accrued during such Owner’s period of ownership. The personal obligation of any Owner for payment of delinquent assessments and charges may be satisfied, and therefore discharged, only by payment of the entire amount of the delinquent assessments and charges, whether or not such Owner remains in possession of his or her Condominium.

6.12.3 No sale or transfer of any Condominium shall relieve such Condominium or its new Owner from liability for any future assessments which accrue during such Owner’s period of ownership.

6.12.4 To the extent permitted by Law, each Owner hereby waives the benefit of any homestead or exemption Laws of the State of California now in effect, or in effect from time to time hereafter, to the extent of any liens created pursuant to this Declaration or the Governing Documents, whether such liens are now in existence or are created at any time in the future.

6.12.5 All Assessments shall be payable in the amount specified by the Association. No offsets against such amount shall be permitted for any reason, including, without limitation, a claim that the Association is not· properly exercising its duties and powers as provided for in this Declaration.

6.13 Statement of Delinquent Assessment. [Civil Code § 1368] The Association shall provide any Owner, upon written request and upon payment of a reasonable fee, with a statement specifying the amounts of any delinquent assessments and related late charges, interest, and costs levied against the Owner’s Condominium. Any purchaser or encumbrancer who has acted in good faith and extended value may rely upon such certificate as conclusive evidence of whether the assessments on the specified Unit have been paid.

ARTICLE 7 – ENFORCEMENT

7.1 Right to Enforce; Remedies. The Association or 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 Governing Documents. The remedies provided for herein are to be considered cumulative and the use of one remedy shall not preclude the use of any other.

7.2 Nuisance. The result of every act or omission, whereby any provision, condition, restriction, covenants, easement, or reservation contained in the Governing Documents is violated in whole or in part, is declared to be and to constitute a nuisance, and every remedy allowed by Law or equity against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any Owner or the Association.

7.3 Compliance by Owners, Tenants, Etc. Each Owner, tenant, occupant, licensee, invitee or guest within the Project shall comply with the provisions of this Declaration, the Bylaws, other Governing Documents of the Association and decisions and resolutions of the Association or its duly authorized representative. Each Owner shall be responsible for insuring that his or her tenant, occupant, licensee, invitee or guest within the Project complies with the terms hereof. Failure to comply with any such provisions, decisions or resolutions shall be grounds for an action to recover sums due for damages, for injunctive relief, for declaratory relief or such other relief as is just and proper.

7.4 Failure to Enforce. Failure by the Association or any Owner to enforce any provisions of the Governing Documents shall in no event be deemed a waiver of the right to do so thereafter.

7.5 Violation of Law. Any violation of any state, municipal or local Law, ordinance or regulation pertaining to the ownership, occupation or use of any Condominium within the Project is declared to be a violation of the Governing Documents and subject to any or all of the enforcement procedures herein set forth.

7.6 Compliance with Statute. [Civil Code § 1354] All activities to enforce the provisions of the governing documents shall be conducted in accordance with all applicable Laws, statutes and ordinances, including any obligation to attempt to use alternative dispute resolution, whether pursuant to Civil Code Section 1354 or any similar statute. This Section shall apply to both the Association and to all Owners.

ARTICLE 8 – INSURANCE

8.1 Fire and Casualty Insurance. The Association shall obtain and maintain a policy or policies of fire and casualty insurance with special form all risk coverage endorsement for the full insurable replacement value of the Improvements in the Common Area. Such policy or policies may provide for separate protection for each Separate Interest to the full insurable replacement cost thereof, and a separate loss payable endorsement in favor of any Mortgagee of each Separate Interest, if any, and shall contain provisions, to the extent possible, protecting against any reduction in the amount of the proceeds payable as a result of any fire or similar insurance independently carried by any Owner of or in respect to any individual Separate Interest. The amount of any deductible shall be determined by the Board. This insurance shall be maintained for the benefit of the Association, the Owners, and their Mortgagees, as their interests may appear as named insureds, subject, however, to any loss payment requirements set forth in this Declaration. If required by any First Lender who notifies the Association of its requirement, and if economically feasible and available, such policies shall contain an agreed amount endorsement, an inflation guard endorsement, and a construction code endorsement. Any insurance maintained by the Association shall contain a waiver of subrogation as to the Association and its Officers, Directors, the Owners of the Separate Interests and Mortgagees, and a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured.

8.2 General Liability Insurance. [Civil Code §§1365.7 & 1365.9] The Association shall obtain and maintain a policy or policies insuring the Association, its officers, Directors, agents and employees, the Owners, and the Owners’ relatives, invitees, guests, employees, and their agents against any liability for bodily injury, death, and property damage arising from the activities of the Association and its Members, with respect to the Common Area and any Condominiums owned by the Association. Limits of liability under the insurance shall not be less than two million dollars ($2,000,000) covering all claims for death, personal injury, and property damage arising out of a single occurrence. If the minimum amount necessary to comply with Civil Code Section 1365.7 or any successor statute specifies a different amount, the statute shall control.

8.3 Directors and Officers Liability Insurance. [Civil Code §§1365.7] The Association shall also obtain and maintain one or more policies of insurance which shall include coverage for the individual liability of Officers and Directors of the Association for negligent acts or omissions of those persons acting in their capacity as Officers and Directors. Limits of liability under this insurance shall be in the minimum amount of five hundred thousand dollars ($500,000). If the minimum amount necessary to comply with Civil Code Section 1365.7 or any successor statute specifies a different amount, the statute shall control.

8.4 Fidelity Coverage. The Association shall purchase and maintain fidelity coverage, naming the Association as an obligee, for any person or entity handling funds of the Association, whether or not such persons or entities are compensated for their services. If an agent handles Association funds, such agent shall be covered by the Association’ coverage, if reasonably available, unless such agent provides similar coverage. The Association’s coverage may be in the form of a separate bond, a separate policy (e.g. crime policy), or may be added by endorsement to the general policies carried by the Association. The Board shall have the discretion to determine the amount of coverage. However, in no event may the aggregate amount of this coverage be less than a sum equal to three (3) months’ aggregate assessments on all units plus reserve funds. The bond or policy must contain a provision that it may not be cancelled or substantially modified without at least ten (10) days’ prior written notice to the Association.

8.5 Other Association Insurance. The Association shall purchase and maintain workers’ compensation insurance to the extent necessary to comply with any applicable Laws. The Association also may purchase and maintain a blanket policy of flood insurance, and demolition insurance in an amount that is sufficient to cover any demolition that occurs following the total or partial destruction of the Project and a decision not to rebuild. The Association may purchase such other insurance as the Board in its discretion considers necessary or advisable, including earthquake insurance coverage.

8.6 Review 0/ Insurance; Notice 0/ Cancellation or Modification. The limits and coverage of insurance carried by the Association shall be reviewed at least annually by the Board and increased or decreased in its discretion. Such policies shall include a provision for at least ten (10) days’ prior written notice to the Association, and, if available, to each First Lender which is listed as a scheduled holder of a First Mortgage in the insurance policy, of any cancellation or substantial modification by any party.

8.7 Qualifications 0/ Insurance Carriers. The Association shall use generally acceptable insurance carriers from which to purchase and maintain the coverage required herein.

8.8 Failure to Acquire Insurance. The Association, and its Directors and officers, shall have no liability to any Owner or Mortgagee if, after a good faith effort, it is unable to obtain any insurance required hereunder, because the insurance is no longer available or, if available, can be obtained only at a cost that the Board, in its sole discretion, determines is unreasonable under the circumstances, or the Members fail to approve any assessment increase needed to fund the insurance premiums. In such event, the Board promptly shall notify each Member and any Mortgagee entitled to notice that the specific insurance will not be obtained or renewed.

8.9 Trustee/or Policies. The Association, acting through its Board, is appointed and shall be deemed trustee of the interests of all named insureds under all insurance policies purchased and maintained by the Association. The Board may also appoint an insurance trustee. All insurance proceeds under any of those policies shall be paid to the Board as trustee. The Board shall use the proceeds for the repair or replacement of the property for which the insurance was carried or for the purposes described in Article 9 herein. The Board also is authorized to negotiate loss settlements with the appropriate insurance carriers, to compromise and settle any claim or enforce any claim by any lawful action, and to execute loss claim forms and release forms in connection with such settlements.

8.10 Insurance Premiums. Insurance premiums for any insurance coverage obtained by the Association shall be included in the Regular or Special Assessments.

8.11.1 If the damage or loss occurs to an item of personal property or other item an Owner is responsible for maintaining, the Owner shall be responsible for the cost of any deductible.

8.11.2 If the damage or loss occurs to an item owned by the Association or the Association is responsible for maintaining, the Association shall be responsible for the cost of any deductible.

8.11.3 If the damage or loss occurs to any Unit and the Common Area, or to more than one Unit, the responsibility for the payment of any deductible shall be apportioned among the affected parties on the basis of the ratio of each parties’ cost of repair to the total costs of repair.

8.11.4 The foregoing notwithstanding, if the damage or loss is caused by the negligence or misconduct of any Owner, or of a Resident, guest, tenant or invitee of an Owner, such Owner shall be liable for the cost of the deductible.

8.12 Insurance Disclosures. [Civil Code § 1365] The Association shall disclose such information regarding insurance coverage as and when required by any applicable statute or Law. Failure to disclose such information shall not impose any liability upon the Association or Board other than that provided for in such statute or Law.

8.13 Individual Property Insurance. An Owner is responsible for obtaining and maintaining such insurance, at his or her sole expense, to protect against any damage to, or loss of property, and the cost of repair or replacement of damaged items, including, but not limited to, any personal property, decorations, floor and wall coverings, appliances, fixtures or other items therein, or any exterior items for which such Owner is responsible, which is caused by any Common Area component or any component maintained by the Association or any failure thereof. The Association shall not be liable to any Owner or his or her tenants, guests or others, for damage to or loss of any such property, or the cost of repair or replacement of any damaged property or portions of such Owners’ Unit or Exclusive Use Common Area, unless such damage is caused by the gross negligence of the Association, its Board, Officers, agents or employees. All such insurance that is individually carried must contain a waiver of subrogation rights by the carrier as to other Owners, the Association, and any institutional First Lender of such Unit. If there is any diminution in insurance proceeds that otherwise would be payable under the Association’s insurance coverage obtained under the terms of Section 8.1, and such diminution results from the terms of any insurance carried by an Owner, the Owner will be liable to the Association to the extent of any such diminution.

8.14 Individual Liability Insurance. An Owner may carry whatever personal liability and property damage liability insurance with respect to his or her Unit that he or she desires. However, any such policy shall include a waiver of subrogation clause acceptable by the Board and to any First Lender.

ARTICLE 9 – DAMAGE OR DESTRUCTION

9.1 Duty to Restore. [Civil Code §1359] Subject to the provisions of Civil Code Section 1359, a portion of the Project that is damaged or destroyed, must be repaired or replaced promptly by the Association unless:

9.1.1 The Project is terminated;

9.1.2 Repair or replacement would be illegal under a state statute or municipal ordinance; or

9.1.3 Eighty percent (80%) of Owners, including each Owner of a Unit or Exclusive Use Common Area that will not be rebuilt, vote not to rebuild.

9.2 Cost of Repair. Any cost of repair or replacement in excess of insurance proceeds and reserves shall be a common expense, levied against Condominiums in the same proportion as Regular Assessments are levied.

9.3 Repair Plans. The Project must be repaired and restored in accordance with either (a) the original plans and specifications, updated as required to reflect applicable building codes, or (b) other plans and specifications which have been approved in writing by the Board, a majority of Owners, and at least fifty-one percent (51%) Eligible Lenders holding Mortgages on Units subject to the repair.

9.4 Replacement of Less Than Entire Project.

9.4.1 Any insurance proceeds attributable to the damaged Common Area shall be used to restore the damaged area to a condition compatible with the remainder of the Project.

9.4.2 Except to the extent that other persons or entities will be distributees:
(a) Any insurance proceeds attributable to a Unit and Exclusive Use Common Area that are not rebuilt must be distributed to the Owner of that Unit and the Owner of the Unit to which the Exclusive Use Common Area is appurtenant, or to lien holders, as their interests may appear; and
(b) The remainder of the proceeds must be distributed to each Owner or lien holder, as their interests may appear, in proportion to the interests of all the Units.
(c) If the Owners vote not to rebuild a Unit, the common interest portions of the Unit shall be reallocated among all other Units, and the Board is hereby appointed as attorney-in-fact on behalf of the Owners, Lenders and other lienholders to prepare, execute and Record an amendment to the Declaration and/or Condominium Plan reflecting the reallocations.

9.5 Insurance Proceeds. An insurance trustee appointed by the Board or insurance company, or if there is no trustee, then the Board, acting by a majority vote, shall hold any insurance proceeds in trust for the Association, Owners and lien holders as their interests may appear. Subject to the provisions of this Declaration, the proceeds shall be disbursed first for the repair or restoration of the damaged property. The Association, Owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus after the Project has been completely repaired or restored, or unless the Project is terminated.

9.6 Disbursements to Owners and Mortgagees. Any insurance proceeds distributed to Owners and Mortgagees shall be distributed proportionately according to the fair market values of the Condominiums at the time of the destruction as determined by an independent appraisal. That appraisal shall be performed by an independent appraiser who shall be selected by the Board and who shall be a member of, and apply the standards of, a nationally recognized appraiser organization.

9.7 Certificates By Board. The trustee, if any, may rely on the following certifications in writing made by the Board:

9.7.1 Whether or not damaged or destroyed property IS to be repaired or restored; and

9.7.2 The amount or amounts to be paid for repairs or restoration and the names and addresses of the parties to whom such amounts are to be paid.

9.8 Certificates by Attorneys or Title Insurance Companies. If payments are to be made to Owners or Mortgagees, then the Board and the trustee, if any, shall obtain and may rely on a title insurance company’s or attorney’s title certificate or a title insurance policy based on a search of the Official Records of the County Recorder, stating the names of the Owners and the Mortgagees.

ARTICLE 10 – EMINENT DOMAIN

10.1 Representation by Association. The Association shall represent the Owners in any threatened condemnation, condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Area, or any part thereof. In furtherance of this purpose, each Owner, by acceptance of a deed to his or her Condominium, irrevocably appoints the Association as such Owner’s attorney-in-fact to represent the Owners in any such condemnation proceeding(s).

10.2 Common Area Taking. In a taking or acquisition of part or all of the Common Area( s) by a condemning authority, the award or proceeds of settlement, less any fees or costs incurred in collection thereof, shall be payable to the Association, or any trustee appointed by the Association, for the use and benefit of the Owners and their Lenders as their interests may appear according to the relative values of the Condominiums affected by the condemnation where Condominiums are not valued separately by the condemning authority or by the court.

10.3 Condominium Unit Taking. If there is an award for the taking of any Condominium in the Project by eminent domain, the respective Owners and Lenders of such Condominium shall be entitled to receive the award for such taking, less any fees and costs incurred in collecting such amount and only up to the fair market value of the Condominium, and after acceptance thereof the Owner and the Lender shall be divested of all interest in the Project if such Owner shall vacate his Condominium as a result of such taking. The remaining portion of the Project shall be resurveyed, if necessary, and the Declaration and/or Condominium Plan shall be amended to reflect such taking and to readjust proportionately the percentages of undivided interest of the remaining Owners in the Project based on the number of Units remaining in the Project. The Board is hereby appointed as attorney-in-fact on behalf of the Owners, Lenders and other lienholders to prepare, execute and Record an amendment to the Declaration and/or Condominium Plan reflecting such reallocations.

10.4 Substantial Taking. If there is a substantial taking of the Project (i.e. more than fifty percent), the Owners may terminate the legal status of the Project and, if necessary, bring a partition action under California Civil Code Section 1359 or any successor statute, on the election to terminate by fifty-one percent (51%) of the total Voting Power of the Association. The proceeds from the partition sale, less any costs or fees incurred in collection thereof, shall be distributed to the Owners and their respective Lenders in proportion to the fair market values of the Condominiums.

ARTICLE 11 – RIGHTS OF LENDERS

11.1 Lender Rights. Mortgagees of Separate Interests in the Project shall be entitled to the rights and guaranties set forth in this Article.

11.2 Protection of First Mortgagees. No breach of any of the covenants, conditions and restrictions herein contained, nor the enforcement of any lien provisions herein, shall render invalid the lien of any First Mortgage on any Condominium made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title IS derived through judicial or non-judicial foreclosure, or otherwise.

11.3 No Right of First Refusal. This Declaration neither contains nor shall be amended to contain any provision creating a “right of first refusal” to the Association or Owners before a Unit can be sold. Should any such rights nevertheless be created in the future, such rights shall not impair the rights of any First Lender to: (a) foreclose or take title to a Unit pursuant to the remedies provided in the mortgage, (b) accept a deed (or assignment) in lieu of foreclosure following a default by a mortgagor, or (c) sell or lease a Unit acquired by the Lender.

11.4 Unpaid Assessments or Charges. If the Lender of a first Mortgage of Record or other purchaser of a Unit obtains title to or possession of the same pursuant to the remedies in the Mortgage or as a result of foreclosure, such acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments made by the Association chargeable to such Unit which became due prior to the acquisition of title to or possession such Unit by such acquirer, whichever occurs first. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Units including such acquirer, his successors and assigns.

11.5 Action Requiring Lender Approval. Except as provided by statute in case of condemnation or substantial loss to the Condominiums and Common Area, unless at least two-thirds (2/3) of the First Lenders (based upon one (1) vote for each Mortgage owned), or two-thirds (2/3) of the voting power of the Association have given their prior written approval, neither the Association or the Owners shall be entitled to:

11.5.1 Seek, by act or omission, to abandon, or terminate the Project as a condominium project (except for abandonment or termination provided by Law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain);

11.5.2 Change the pro rata interest or obligations of any individual Condominium for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each Condominium in the Common Area, provided that no Owner’s undivided interest in the Common Area may be changed without the consent of that Owner;

11.5.3 Partition or subdivide any Condominium;

11.5.4 By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area, or any property owned, directly or indirectly, by the Association (the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Area by the Association is not a transfer in the meaning of this clause); or

11.5.5 Use hazard insurance proceeds for losses to any of the Project (whether to Condominiums or to Common Area) for other than the repair, replacement or reconstruction of such property.

11.6 Payment of Taxes and Insurance. First Lenders may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Area property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Area property. First Lenders making such payments shall be owed immediate reimbursement from the Association.

11.7 Priority of Proceed or Award Distribution. Any other provision herein contained to the contrary notwithstanding, no provision of the Governing Documents shall give an Owner, or any other party, priority over any rights of the First Lender pursuant to its Mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Area.

11.8 Notification of Lender. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor and the Unit number or address, any Eligible Lender will be entitled to timely written notice of:

11.8.1 Any condemnation loss or any casualty loss which affects a material portion of the Project or the Unit insured or guaranteed by such Eligible Lender;

11.8.2 Any default in the performance by an Owner of any obligation under the Governing Documents not cured within sixty (60) days;

11.8.3 Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and

11.8.4 Any proposed action which would require the consent of a specified percentage of Eligible Lenders as required by the Governing Documents.

11.9 Termination of Professional Management. If professional management has previously been required by any Eligible Lender, any decision to establish self-management by the Association shall require the consent of at least sixty-seven percent (67%) of the voting power of the Association and at least fifty-one percent (51 %) of Eligible Lenders; provided that, so long as any Mortgage which is a lien on a Unit is insured or guaranteed by the Federal Housing Administration, any termination and failure to replace professional management shall require the prior written approval of the Federal Housing Administration.

11.10 Inspection of Documents, Books and Records. The Association shall make available, to Eligible Mortgage Holders, current copies of the Governing Documents and the accounting books, records and financial statements of the Association. “Available” means available for inspection, upon request, during normal business hours or under other reasonable circumstances.

11.11 Non-Curable Breach. Any Lender who acquires title to a Unit by foreclosure or by deed in lieu of foreclosure or assignment-in-lieu of foreclosure shall not be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure.

11.12 Loan to Facilitate. Any First Mortgage given to secure a loan to facilitate the resale of a Unit after acquisition by foreclosure or by a deed-in-lieu of foreclosure or by an assignment-in-lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of this Article.

11.13 Right to Furnish Mortgage Information. Each Owner authorizes the First Mortgagee of a First Mortgage on the Owner’s Condominium to furnish information to the Board concerning the status of the First Mortgage and the loan that it secures.

11.14 Financial Statement. Any First Lender shall be entitled, on written request therefor, to have the Association provide an audited financial statement for the immediately preceding fiscal year, which statement shall be furnished within a reasonable time following such request.

11.15 Termination without Substantial Destruction. Except as provided by statute or by other provision of the Governing Documents in case of substantial destruction or condemnation of the Project, the consent of at least sixty-seven percent (67%) of the voting power of the Association and the approval of fifty-one percent (51 %) of Eligible Lenders shall be required to terminate the Project; provided that if termination is for reasons other than substantial destruction or condemnation, the agreement of sixty-seven percent (67%) Eligible Lenders is required.

ARTICLE 12 – AMENDMENTS

12.1 Owner Approval of Amendments. [Civil Code §1355] This Declaration may be amended by the vote or written consent of at least a simple majority of the Voting Power of the Association. Notwithstanding any contrary provision in this Section, the percentage of the Voting Power necessary to amend a specific clause or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause or provision. An amendment becomes effective after (a) the approval of the required percentage of the Voting Power of Members has been given, (b) that fact has been certified in the form of a written document executed and acknowledged by an officer designated by the Board for that purpose or, if no such designation is made, by the President of the Association and (c) the document has been properly Recorded.

12.2 Approval of Specified Amendments. Notwithstanding Section 12.1 above, the consent of sixty-seven percent (67%) of the voting power of the Association and the approval of fifty-one percent (51 %) of Eligible Lenders shall be required to add or amend (i) any provision of this Declaration which is for the express benefit of holders or insurers of First Mortgages, or (ii) any material provisions of this Declaration which establish, provide for, govern or regulate:

12.2.1 Voting rights.

12.2.2 Increases in assessments that raise the previously assessed amount by more than twenty-five percent (25%), assessment liens or the priority of assessment liens.

12.2.3 Reductions in reserves for maintenance, repair and replacement of the Common Area.

12.2.4 Responsibility for maintenance and repairs.

12.2.5 Reallocation of interests in the Common Area or Exclusive Use Common Area, or rights to their use.

12.2.6 Redefinition of any Unit boundaries.

12.2.7 Convertibility of Units into Common Area or vice versa.

12.2.8 Expansion or contraction of the Project, or the addition, annexation, or withdrawal of property to or from the Project.

12.2.9 Hazard or fidelity insurance requirements.

12.2.10 Imposition of any restrictions on the leasing of Units.

12.2.11 Imposition of any restrictions on an Owner’s right to sell or transfer his or her Unit. Notwithstanding the foregoing, this section may be amended to reflect changes In Lender requirements established by the VA, FHA, FNMA, FHLMC or GNMA.

12.3 Eligible Lender Approval Response. An Eligible Lender who receives a written request to approve additions or amendments by certified or registered mail, return receipt requested, addressed to the address provided by such Eligible Lender, who does not deliver or post to the requesting party a negative response within thirty (30) days after the notice of the proposed addition or amendment, shall be deemed to have approved such request. No Lender may charge a fee in connection with reviewing a request for a response. Any response from a Lender which only requests a fee for review shall not be deemed a “negative response” for the purposes of determining Lender consent within the meaning of this Section.

12.4 Amendment of Declaration or Bylaws by Board Vote. The Board of Directors shall have the power to amend this Declaration or the Bylaws, as the case may be, but only as this section permits. By a Majority vote of the Board, the Board shall have the power to prepare and, if necessary, to Record an amendment for either or both of the following purposes: (a) To correct any printing or grammatical error or omission In the Declaration or Bylaws without any vote of the Members. (b) To make any change in the Declaration or Bylaws required by a change in any applicable Law, which obligates the Association, the Board or the Owners to conform their conduct with the terms of the Law. If the Board approves an amendment using the procedure in this subparagraph (b), the amendment shall not be Recorded or Filed until the following procedure is implemented. The Board shall first send notice of such action to the Owners, which notice shall include the text of the proposed amendment. An amendment shall be considered ratified, unless within thirty (30) days after the date such notice is sent to the Owners, the Owners entitled to cast twenty percent (20%) of the votes in the Association, sign a written petition to reconsider the Board’s action and file it with the Board. If such a petition is filed, the Board shall call a Special Meeting of the Members to reconsider the Board’s action. At the meeting, unless a majority of the Voting Power of the Association rejects the proposed amendment, the amendment shall be considered ratified, whether or not a quorum is present at the Special Meeting. This section shall not restrict the powers of the Owners to amend this Declaration or the Bylaws by any other method, but is intended to authorize a simple process for amendment where the property rights of Owners are not materially or adversely affected.

ARTICLE 13 – THE PROPERTY

13.1 Project Subject to Declaration. The entire Project shall be subject to this Restated Declaration.

13.2 Description of Land and Improvements; Ownership of Common Area. The Project consists of the real property described in Recital “A” above, and is divided between the Common Area and the Units. Each of the Units is owned by the individual Owners as separate property. The Common Area is owned by Owners of Units as tenants-in-common, in fractional interests as set forth in the first deeds of Record to each Unit.

13.3 Equitable Servitudes. The covenants and restrictions set forth in this Declaration shall be enforceable equitable servitudes and shall inure to the benefit of and bind all Owners. These servitudes may be enforced by any Owner or by the Association or by both.

13.4 Prohibition Against Partition. [Civil Code § 1359] There shall be no judicial partition of the Project or any part of it, nor shall any person acquiring an interest in the Project or any part of it seek any judicial partition, except upon showing that such partition is consistent with the requirements of Section 1359 of the California Civil Code or any successor statute.

13.5 Presumption Regarding Boundaries of Units. In interpreting deeds, declarations and plans, the existing physical boundaries of a Unit, including any Unit reconstructed in substantial accordance with the Condominium Plan and the original construction plans for the Project, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan, or this Declaration. This presumption applies regardless of settling or lateral movement of the building and regardless of minor variances between boundaries shown on the Condominium Plan or described in the deed and those of the building as constructed or reconstructed.

13.6 Prohibition Against Severance of Elements. Any conveyance, judicial sale, or other voluntary or involuntary transfer of a Condominium shall include all interests and appurtenances as shown in the original deed of conveyance. Any conveyance, judicial sale, or other voluntary or involuntary transfer of the Owner’s entire estate shall also include the Owner’s membership interest in the Association, as provided in Section 5.3 herein. Any transfer that attempts to sever those component interests shall be void.

13.7 Encroachment Easements. The Owner of each Condominium is hereby granted an easement over all adjoining Condominiums and the Common Area for the purpose of accommodating any minor encroachments due to engineering errors, errors in original construction, settlement or shifting of any building, or any other cause. There shall be easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachments, settlement or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of any Owner. If any portion of a structure in the Project is partially or totally destroyed and then repaired or rebuilt, each Owner agrees that minor encroachments over adjoining Condominiums or Common Area shall be easements for the maintenance of said encroachments so long as they shall exist.

13.8 Rights in Common Area. The Owner of each Condominium is hereby granted nonexclusive rights in the Common Area as described in Section 2.2.3.

ARTICLE 14 – GENERAL PROVISIONS

14.1 Term. The provisions of this Declaration shall continue in effect for a term of fifty (50) years from the date of execution. Thereafter, it shall be automatically extended for successive periods of ten (10) years, until the membership of the Association decides to terminate it.

14.2 Nonwaiver of Remedies. Each remedy provided for in this Declaration is separate, distinct, and nonexclusive. Failure to exercise a particular remedy shall not be construed as a waiver of the remedy.

14.3 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone (1) provision shall not affect the validity or enforceability of any other provision. If for any reason this Restated Declaration is declared completely invalid in its entirety, the Original Declaration shall be deemed to have survived and thereafter become effective without any further action.

14.4 Binding. This Declaration, as well as any amendment thereto and any valid action or directive made pursuant to it, shall be binding and the Owners and their heirs, grantees, tenants, successors, and assigns.

14.5 Interpretation. The provisions of this Declaration shall be liberally construed and interpreted to effectuate its purpose of creating a uniform plan for the development and operation of a common interest development. Failure to enforce any provision of this Declaration shall not constitute a waiver of the right to enforce that provision or any other provision of this Declaration.

14.6 Limitation of Liability. The liability of any Owner for performance of any of the provisions of this Declaration shall terminate upon sale, transfer, assignment, or other divestment of the Owner’s entire interest in his or her Condominium but only with respect to obligations arising after the date of the divestment.

14.7 Number and Headings; Code References. As used in this Declaration, the singular shall include the plural, Ul).less the context requires the contrary. The headings are not a part of this Declaration, and shall not affect the interpretation of any provision. All references to Code Sections, whether Civil Code, Corporations Code, Code of Civil Procedure, or others, shall be deemed to include references to subsequent code sections if the referenced code changes.

14.8 Attorneys’ Fees. If an attorney is engaged by the Board to enforce the Governing Documents, the Association shall be entitled to recover from the adverse party to the controversy its actual attorneys’ fees and costs so incurred. If litigation is commenced to enforce the Governing Documents, the prevailing party shall be entitled to its attorneys’ fees and costs. Said costs and attorneys’ fees shall constitute a lien on the Condominium which is enforceable pursuant to Article 6 herein. This Section shall also apply to attorneys’ fees incurred to collect any post-judgment costs.

14.9 Variances. The Board may authorize variances from compliance with any of the architectural or use provisions of this Declaration as follows:

14.9.1 Variances may be granted, without limitation, to restrictions upon use contained in Article 2, restrictions on repair and maintenance in Article 3, and architectural restrictions in Article 4, when circumstances such as topography, location, engineering, economy, hardship, aesthetic or environmental considerations warrant.

14.9.2 Variances shall be in writing and shall become effective upon final approval by the Board or an authorized committee.

14.9.3 When a variance is granted, no violation of the Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provision covered by the variance, nor shall it affect in any way the Owner’s obligation to comply with all governmental Laws and regulations affecting the use of the Separate Interest, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental entity having jurisdiction.

14.9.4 The Association may charge a reasonable fee to cover any costs associated with the variance approval process, or for issuance of a variance.

14.9.5 The Board may enact additional Rules and Regulations regarding the variance approval process, the circumstances under which a variance may be granted, and the execution of indemnity or other agreements by the Owner as a condition to issuance of a variance.

14.10 Governing Document Priorities. If there is a conflict among the Governing Documents, or any provision thereof, the following documents shall take precedence in the order given: (1) the Articles, (2) this Declaration, (3) the Bylaws, and (4) the Rules and Regulations.

14.11 Conflict with Statutes. Provided any federal, state or local statute, Law or ordinance is inconsistent with any provision or provisions of the Governing Documents, and compliance with that Law is mandatory, neither the Association, the Board nor any member thereof shall have any liability for complying with the Law or for failing to comply with provisions of the Governing Documents if compliance would violate such Law.

IN WITNESS WHEREOF the undersigned has executed this amended and Restated Declaration of Restrictions

EXHIBIT A – DEFINITIONS

1. “Act” [Civil Code §1350] means the Davis-Stirling Common Interest Development Act, California Civil Code Section 1350 et seq., as it may be amended from time to time.

2. “Articles” means the Articles of Incorporation for Top of the Beach Homeowners Association, that were filed in the Office of the Secretary of State of the State of California on September 24, 1984, and any amendments thereto now existing or hereafter adopted.

3. “Association” [Civil Code §§1351(a) & 1353] means Top of the Beach Homeowners Association, a California nonprofit mutual benefit corporation created for the purpose of managing a common interest development.

4. “Board” means the Board of Directors of the Association.

5. “Bylaws” means the Bylaws of the Association and any duly adopted amendments thereto, which are incorporated herein by reference.

6. “Capital Expenditure” or “Capital Improvement” means the use of Association funds to construct or build an addition to the Project, where such use of funds is optional under the Governing Documents, rather than mandatory, and is not otherwise required by Law. For purposes of the Governing Documents, the maintenance, repair or replacement of Improvements within the Project which the Association is obligated to maintain, using materials of similar kind, or using materials which are needed due to changes in building or fire codes or due to discontinued manufacture or unavailability, shall not be considered a Capital Expenditure or Capital Improvement, notwithstanding that such expenditure or Improvement may be considered a capital expenditure or capital improvement for tax purposes.

7. “Common Area” [Civil Code §1351(b)] means the entire Property except all Condominiums as defined in this Declaration and as shown on the Condominium Plan. The term “Common Area” shall include all Exclusive Use Common Areas.

8. “Condominium” [Civil Code §1351(f)] means an estate in real property, as defined in California Civil Code Section 1351, consisting of an undivided interest in common in a portion of the Property coupled with a separate interest in space called a Unit, the boundaries of which are shown and described on the Condominium Plan.

9. “Condominium Plan” [Civil Code §1351(e)] means that certain condominium plan described as follows: Amended Condominium Plan of Top of the Beach Recorded in the Office of the County Recorder of San Diego County, California on November 16, 1973 as File l, Page No. 73-320610, and any other Condominium Plans of Record. Condominium Plan shall include any amendments to the foregoing document.

10. “County” means San Diego County, California.

11. “Declaration” or “Restated Declaration” [Civil Code §1351(h)] means this Amended and Restated Declaration of Restrictions and any amendments thereto.

12. “Director” means a member of the Association’s Board of Directors.

13. “Eligible Lender” means a holder, insurer or institutional guarantor of a First Mortgage that provides a written request to the Association stating the name and address of such holder, insurer or institutional guarantor and the Unit number, and requesting notice to which such Eligible Lender is due under the Governing Documents.

14. “Exclusive Use Common Area” or “Exclusive Use Area” [Civil Code §1351(i)] means those portions of the Common Area designated in the Condominium Plan and in the Original Declaration for the exclusive use of one (1) or more, but fewer than all, of the Owners and which is appurtenant to a Unit or Units as shown on the Condominium Plan or deed of conveyance and pursuant to the provisions herein. In the Condominium Plan, Exclusive Use Common Areas are referred to as “Exclusive Use Areas.” Exclusive Use Common Areas are airspaces whose boundaries are described on the Condominium Plan and typically do not include any vertical or horizontal structural components at or near the boundary between the Exclusive Use Common Area and the surrounding Common Area. The Exclusive Use Common Areas consist of decks, patios, and/or balconies (all being designated as Balconies on the Condominium Plan and delineated as B-1 through B-39 on said plan) and Parking Areas (all being designated as Parking Spaces on the Condominium Plan and delineated as P-l through P-39 on said plan).

15. “Governing Documents” [Civil Code §1351G)] means this Declaration and any other documents such as the Articles, Bylaws, Condominium Plan or Rules and Regulations which govern the operation and conduct of the Association and its Members.

16. “Improvement” means any structure or appurtenances thereto of every type and kind, including but not limited to, buildings, walkways, sprinkler pipes, carports, swimming pools, roads, driveways, parking areas, fences, screening walls, block walls, retaining walls, awnings, stairs, decks, landscaping, hedges, windbreaks, exterior surfaces of any visible structure and the paint or finish on such surfaces, planted trees and shrubs, poles, signs, and water softener fixtures or equipment.

17. “Law” means any federal, state or local statute, law, ordinance, rule or regulation.

18. “Member” means every person or entity entitled to membership In the Association as provided in this Declaration or in the Bylaws.

19. “Mortgage” means a mortgage or deed of trust encumbering a Condominium or any other portion of the Project. “First Mortgage” means a Mortgage that has priority over all other mortgages and liens encumbering the same Condominium or other portions of the Project.

20. “Mortgagee” or “Lender” means a Person to whom a Mortgage is made and includes the beneficiary of a deed of trust and any institutional guarantor or insurer of a mortgage. “Institutional Mortgagee” means a mortgagee that is a financial intermediary or depository, such as a bank, savings and loan, or mortgage company, that is chartered under federal or state Law and that lends money on the security of real property or invests in such loans, or any insurance company or governmental agency or instrumentality, including the Federal National Mortgage Association (FNMA) , the Federal Home Loan Mortgage Corporation (FHLMC), and the Government National Mortgage Association (GNMA). “First Mortgagee” means a mortgagee that has priority over all other mortgagees or holders of mortgages or liens encumbering the same Condominium or other portions of the Project. The term “Beneficiary” shall be synonymous with the term “Mortgagee.”

21. “Mortgagor” means a Person who mortgages his, her, or its property to another (i.e. the maker of a mortgage), and shall include the trustor of a deed of trust. The term “Trustor” shall be synonymous with the term “Mortgagor.”

22. “Notice and Hearing” means notice to an Owner and an opportunity for the Owner to be heard, prior to the imposition of any fine, penalty or other disciplinary measure, in the manner set forth in the Bylaws.

23. “Outlet” shall mean, by way of example, and not limitation, the point at which any portion of a utility facility, which is located in an electrical or wiring box or panel and any pipe or other utility facility, first becomes reasonably accessible from within an Owner’s Unit. More specifically, the term “Outlet” shall mean the point at which any utility facility can be serviced without the need for destructive entry into walls, floors, ceilings or any portion of the Common Area.

24. “Owner” means the Record holder or holders of Record of fee title to a Condominium Unit, and any contract sellers under Recorded contracts of sale. “Owner” shall not include any persons or entities who hold an interest in a Condominium Unit merely as security for performance of an obligation.

25. “Person” means a natural individual, a corporation, or any other entity with the legal right to hold title to real property.

26. “Project” or “Development” or “Properly” [Civil Code §§1351(k) & 1353] means the common interest development which is a condominium project as described herein and on the Condominium Plan, including all Improvements thereon and means the real property described in Recital “A” to this Declaration.

27. “Record” or “File” or “Recordation” means, with respect to any document, the recordation or filing of such document in the Office of the County Recorder of San Diego County, California. 28. “Resident” means any person who resides, temporarily or permanently, in any Unit.

29. “Rules and Regulations” means any Rules and Regulations for the Association regulating the use of the Units, Exclusive Use Common Areas, Common Areas, the Project and any facilities located thereon adopted by the Board pursuant to Subsection 5.6 herein.

30. “Unit” or “Living Unit” or “Separate Interest” [Civil Code § 13 51 (1)(3)] means a separate interest in space as defined in Section 13 51 of the California Civil Code. Each Unit, Living Unit or Separate Interest shall be a separate, residential freehold estate, as separately shown, numbered and designated in the Condominium Plan. In interpreting deeds, declarations and plans, the existing physical boundaries of the Unit or a Unit constructed or reconstructed in a substantial accordance with the Condominium Plan and the original plans thereof, if such plans are available, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan or Declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boundaries, as shown on the Condominium Plan or defined in the deed and Declaration, and the boundaries of a building as constructed or reconstructed. Due to the absence of any notes or other description of Unit or Common Area in the Condominium Plan, as set forth in the definitions of “Living Unit” in the Original Declaration, the following are not part of any Unit: bearing walls, columns, floors, roofs, foundations, central heating and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the Outlets thereof when located within the Living Unit.

31. “Voting Power” means the total number of votes eligible to be cast in the Association based on one vote per Condominium Unit, less the votes of any Condominium whose voting rights have been suspended.

EXHIBIT B – MAINTENANCE DUTIES

ASSOCIATION VS. OWNER DIVISION OF MAINTENANCE AND REPAIR
RESPONSIBILITIES

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NOTE: At the June 2020 HOA BOD meeting, the HOA Board clarified the term ‘inside’ to mean an electric circuit, outlet, fixture or a device on an electric circuit connected to the Unit Owners Circuit Breaker panel, and thus under the control of the owner. ‘Outside” will mean an electric circuit, outlet, fixture or a device, on an electric circuit connected to the HOA Building Circuit Breaker panel, and thus under the control of the HOA Property Manager and Board.

HOA Rules and Regulations

NOTICE:

“If this document contains any restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing for older persons shall not be construed as restrictions based on familial status.” California Government Code 12956.1

Section 1. INTRODUCTION

1. The rules and regulations contained herein are intended to help us all live in harmony with each other. They are legally binding and include 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 came with the purchase of your condominium or were previously forwarded to you. They are also binding because they are decisions taken by the Board of Directors during meetings as per the Bylaws and CC&R’s. The CC&Rs and ByLaws prevail if there is a conflict.

2. The rules and regulations are intended to ensure that our homes are well-maintained, clean, comfortable, and aesthetically pleasing and to motivate us to be good neighbors. Please read them carefully. Be advised that the Board may amend them at any time. Your input is welcomed.

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. If you are 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.

4. Problems with any common area should be reported to the Property Management Company, currently 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.

5. The Board of Directors is composed of five homeowners who have volunteered their time and have been elected by homeowners, who work without pay to administer and/or enforce the Rules and Regulations, the CC&Rs and the ByLaws. The Board normally meets on the second Monday of every month at 1:00 P.M. If not listed on the website, http://www.topofthebeachhoa.com, call PMC for the location and exact time if you plan to attend.

6. Working together we can keep the costs of operating and maintaining the property to the minimum while making Top of the Beach a place we are all proud to own.

Section 2. GENERAL RULES

2.1 Deleted.

2.2 Use of living units:

  • 2.2.1 Windows coverings: All windows facing the exterior shall have blinds, drapes, drapery lining or casements of a neutral color.
  • 2.2.2 Water beds: Not allowed.
  • 2.2.3 Sink and sewer drainage lines: No grease, rice, diapers, flushable wipes or other debris likely to cause blockages, shall be put into sinks or toilets. Homeowners are liable for plumbing clearance costs. See paragraph 2.4.
  • 2.2.4 Sand removal: Please remove sand at the Redondo Court outside shower before entering units. Sand building in the bathtub drains cause blockages.
  • 2.2.5 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 Decorum:

  • 2.3.1 Quiet hours: Quiet time must be observed from 10:00 P.M. to 7:00 A.M. weekdays, and 11:00 P.M. to 8:00 A.M. weekends. Residents are requested to report such offenses to the offending party and to the Property Management Company. If violation of this regulation occurs, owners will be invited to a hearing where the Board will consider the issue. If the Board finds there is a problem, the Board may impose a $100 fine.
  • 2.3.2 Noise: All noise must be confined to the units, such as barking dogs, yelling, slamming doors, music, TV, radios and other noise-making devices. Residents are requested to report such offenses to the offending party and to the Property Management Company. If violation of this regulation occurs, owners will be invited to a hearing where the Board will consider the issue. If the Board finds there is a problem, the Board may impose a $100 fine.
  • 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, only if all windows and doors are closed and smoke does not pass to any adjoining unit. If violation of this regulation occurs, owners will be invited to a hearing where the Board will consider the issue. If the Board finds there is a problem, the Board may impose a $100 fine.

2.4 Clogged drainage lines: Unit owners may be responsible for clogged drainage lines regardless of who calls a plumbing service. If the problem is in a main line and the unit responsible cannot be identified the Association will pay the bill.

2.5 Key replacement: Replacement for lost security ( MEDECO) keys will cost $100 and broken key replacement $10.00.

2.6 Barbecues: Charcoal and briquette barbecues are no longer allowed due to the fire danger they impose. An exception is for Gas BBQ with small gas canisters in compliance with Federal, State, and Local requirements and electric BBQ. There is no common area space for barbecuing, and use of the tiled passageway on the east side of Ocean Front Walk and the north side of Redondo Court is not allowed. Damage caused to the buildings by barbecuing will be charged to the responsible unit owner. If violation of this regulation occurs, owners will be invited to a hearing where the Board will consider the issue. If the Board finds there is a problem, the Board may impose a $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 reminded that they are responsible for the actions of their tenants and guests.
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, a board member, or to the Property Management Company (Property Management Consultants, Ph (619) 528-4200). Emergency phone numbers are posted on each building’s bulletin board by mailboxes.

Section 3. ARCHITECTURAL RULES

3.1 Construction: No construction or improvement of any type of shall be made upon the common area or the exclusive use common area, without prior written approval of the Board. Improvements made without approval may result in a fine and return of the property to its original condition at the owner’s expense.

3.2 Unit interior construction:

  • 3.2.1 Structural integrity: Nothing shall be done in the interior of a unit which could impair the structural integrity of the building. Complete plans showing the nature of the construction shall be submitted to the Board for approval. Work shall not commence until written Board approval is obtained.
  • 3.2.2 Building permits: It is the owner’s responsibility to obtain approval of the City of San Diego for all projects requiring building permits. A copy of any such building permit shall be submitted to the Board for approval. Work shall not commence until written Board approval is obtained

3.3 Signs: No signs, placards, decals or other similar objects shall be erected or displayed to the public view without the prior written permission of the Board. However, each owner shall have the right to display two signs not to exceed 432 square inches (equivalent to 18”x24” ) advertising a unit for sale, lease or rent. No signs shall be placed on the common area for these purposes. However, “open house” signs may be placed on the common areas during the period of the open house with the prior approval of the Property Management Company.

3.4 Floor coverings: Floor coverings for the second and third floor units of both buildings must be carpet over padding in the living room, dining area, bedrooms and passageways. If there is a complaint concerning hard surface floor (in an area required to be carpet over padding) by another owner, the owner with the hard surface must remove the hard surface flooring and replace it with wall-to-wall carpeting over padding in the required areas of the unit. When a unit with hard surface flooring is sold the hard surface flooring must be removed and replaced with carpet over padding prior to occupancy by the new owner.

3.5 Unit washers, dryers and spa/jacuzzis: Not permitted.

3.6 Security doors and windows: Written approval of the Board is required before installing screens or security doors or window security bars.

3.7 Repairs: Broken windows, torn screens or any other damage or deterioration that is the owner’s responsibility will be repaired in a timely manner. After written warning, failure to do so may result in fines and/or the repair or removal of the items by the Association at the owner’s expense.

Section 4. PARKING RULES

4.1 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.

4.2 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.

4.3 Maintenance and repairs:

  • 4.3.1 Washing, etc: Car washing, maintenance, including oil changes, and repairs, other than emergency, are not permitted. If violation of this regulation occurs, owners will be invited to a hearing where the Board will consider the issue. If the Board finds there is a problem, the Board may impose a $50 fine.
  • 4.3.2 Oil leaks: Excessive oil leaks from vehicles will be cleaned by the Association and after one warning, owners will be invited to a hearing where the Board will consider the issue. If the Board finds there is a problem, the Board may impose a $25 fine.
  • 4.4 Leasing: Only unit owners, guests or tenants may use the parking spaces. Leasing of parking spaces to other than unit owners or tenants is prohibited.
  • 4.5 Visitors: There are no visitor parking spaces within the complex.
  • 4.6 Risk: Parking is at your own risk. No insurance is provided.
  • 4.7 Towing authority: Owners or lessees of a unit are authorized to order the towing of any vehicle parked in their space without their authority.
  • 4.8 Inoperative, unregistered vehicles: After written warning, vehicles or cycles that are inoperative or without current registration may be towed at the owner’s expense.
  • 4.9 Type vehicles not allowed: No truck, camper, RV, trailer, boat or shall be parked in any parking space without written approval of the Board.

Section 5. PET RULES

5.1 County laws: Owners must comply with the County laws and regulations with respect to control and health of pets.

5.2 Restriction: Each unit may have a maximum of one common household pet, weighing no more than 20 pounds at full growth plus no more than two caged birds. For any pet other than a dog, cat or two caged birds you must obtain approval of the Board.

5.3 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 become a nuisance must be silenced.

5.4 Liability: Each homeowner or tenant is liable to all other residents or guests for any damage to either persons of property by any pet brought onto the premises.

5.5 Other: No known vicious or aggressive animal may be kept within the complex. If an animal is deemed unsuitable and is a persistent and verifiable problem, the animal’s owner will remove the animal when notified by the Property Management Company even if it satisfies all other pet restrictions.

Section 6. STORAGE AND BALCONY/DECK USE

6.1 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.

6.2 Maintenance: As common area, the maintenance of the balconies is an Association responsibility. Painting or alterations are not permitted without Board approval. Floors of the balconies may not have covering such as indoor/outdoor carpeting placed thereon. Maintenance of the decks for Units #1-#6 of Ocean Front Walk is the responsibility of the unit owners.

6.3 Storage units: Each unit has a storage unit of some type to be used as the owner sees fit. You are cautioned that you could be liable for damages caused by storing combustible items like gasoline, paint, etc. Common areas may not be used for storage.

6.4 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 Strand Way. Bicycles may not be secured to any building pipes, conduits or supports but may be secured to the wall in the Redondo Court building by contacting the maintenance man. Bikes may also be stored in the lower garage storage room bike racks with a maximum of two bikes/unit for units occupied by two or more persons and one/unit for those occupied by one person. Owners desiring to use these spaces may register with the Property Manager. Owners using their parking space for bike storage may not also use storage rooms. All bikes stored in Redondo Court must be in operating condition and, if kept in a storage room, tagged with the owner’s name, addresses and phone number. Owners may allow other occupants of Top of the Beach only to use their parking space for bicycle storage. 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 or theft.

6.5 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.

Section 7. DELINQUENCY COLLECTION POLICY

7.1 General: The comprehensive Policies and Practices in Enforcing Lien Rights is attached to these Rules and Regulations as Addendum 1. The following paragraphs highlight and modify some of those provisions.

7.2 Monthly fee: The monthly fees are due on the first of each month and delinquent after the 15th.

7.3 Late fee: There will be a late fee (in the amount of 10% of the delinquent assessment) assessed if fees are not received by the 15th. Interest on accounts after 30 days will be twelve percent ( 12% ) per annum.

7.4 60 Days delinquent: At 60 days delinquent, a demand letter will be sent and the owner will be charged the actual collection costs or attorneys’ fees for legal expenses incurred.

7.5 90 Days delinquent: At 90 days, a lien will be placed against the property and the owner will be charged actual collection costs or attorneys’ fees for legal fees incurred.

7.6 Foreclosure: If the account is not paid after the lien is filed, the Board of Directors may foreclose on the property and take legal action to collect on the delinquency. Legal fees and charges will continue to incur.

7.7 Charges: Late charges and interest at twelve percent ( 12% ) per annum will be assessed until all fees are paid.

Section 8. VIOLATIONS ENFORCEMENT AND FINE POLICY

8.1 Reporting violations: Violations of Rules and Regulations shall be brought to the attention of the Property Management Company by anyone observing misconduct of violations. Notifications of violations to Unit Owners can be made in any of the following manners and will include the timeframe for compliance.

  • a. A letter from the Property Management Company based on input from any owner or complaints received by Property Management Company from two of more residents of Top of the Beach.
  • b. A letter from Property Management Company based on an executive session of the Board of Directors.
  • c. Any verbal or written notice of violation provided by an authorized outside agency, i.e. the police, fire department, health inspector, etc.

8.2 The following procedure will apply to all violations and infractions of the governing documents and rules and regulations. Owners may report violations to the Management Company or Board of Directors by submitting a written notice describing the violation. The Board of Directors, Management Company, or committee appointed by the Board may also note any violations discovered during walk-throughs or by personal knowledge of any of its members or representatives.

At the time a violation is noted or reported, action will be taken as follows:

  • a. First offense: The Board shall give written notice to the owner. The notice will contain a description of the violation, instructions regarding response to the notice and correction of the violation. Notwithstanding the foregoing, the Board may determine, in its sole discretion, that the violation is of a nature or severity that no warning will be issued and the violation will be subject to immediate notice and opportunity for hearing to impose disciplinary action, including fines.
  • b. Second offense: If the violation continues or is repeated, or the Board has determined no warning letter will be issued, the Board shall give the owner a second notice of the violation. The notice shall be given not less than ten (10) days prior to the date of the hearing before the Board. The notice shall include the date, time, and location of the hearing, the nature of the alleged violation, and a statement that the member has the right to attend and may address the Board at the meeting. The Board of Directors shall meet in executive session if requested to do so by the member being disciplined.
  • c. At the Hearing: The Board shall allow the owner to present evidence and testimony as reasonable under the circumstances. If the Board concludes that the alleged violation occurred, the Board may impose monetary penalties, temporarily suspend voting and common area privileges for a period not to exceed thirty (30) days or take any other disciplinary action permitted by the Governing Documents.
  • d. If the Board imposes discipline on a member, the Board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class mail, within fifteen (15) days following the action. The disciplinary action will be effective beginning five days after the hearing date.
  • e. If the violation continues or is repeated, or if the response is otherwise unsatisfactory, the Board may impose additional or continuing fines until such time as the matter is satisfactorily resolved.
  • f. If the violation continues, or is repeated, the Board may also refer the matter to the Association’s legal counsel. If required by Civil Code sections 5905 or 5930, alternative dispute resolution will be offered. The homeowner may be liable for the Association’s legal costs and fees.
  • g. Notwithstanding the foregoing, under circumstances involving conduct that constitutes (a) an immediate and unreasonable infringement of, or threat to, the safety or quiet enjoyment of neighboring owners; (b) a traffic or fire hazard; or (c) a threat of material damage to, or destruction of, the Common Area, the Board or its agents may contact the appropriate civil authorities and undertake immediate corrective action and conduct a hearing as soon thereafter as possible, if either (1) requested by the offending owner within five (5) days following the Association’s actions, or (2) on its own initiative. An additional fine of up to $200 will be assessed.
  • h. Owner’s responsibilities: Owners are ultimately responsible for their tenants’ actions, and must make every effort to keep them abreast of Rules and Regulations by posting copies in the units and/or providing them copies with the lease agreement. Since the Board has no power to fine tenants, all fines will be levied against the unit owner who is responsible for payment to the Association.

    Due to the number of short-term rentals, particularly in the summer, the tenant may have moved out before the owner is notified of an offense and/or a fine. Owners are still responsible for the offense and/or fine. Owners may wish to establish procedures to recoup these fines.
  • i. 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 proceedings, 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.

8.3 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 Property 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.

8.4 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 the Property Management Company. Appeals will be automatically rejected if not made within 20 days after notification of the violation.

8.5 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.

8.6 Fine Schedule: Fines for first time violations may be levied in accordance with the following schedule:

NOTE: It is earnestly hoped that such fines will never to be imposed, and that after the initial letter our neighbors will attempt to correct the violation.

HOA Election Process

TOP OF THE BEACH HOMEOWNERS ASSOCIATION OPERATING RULES FOR ELECTIONS AND VOTING


SECTION 1 – GENERAL
1.1 These operating rules (“Rules”) shall apply to all items legally requiring a vote of the membership as required by Civil Code section 5100, and any amendments thereto, including but not limited to, elections of directors, votes to remove one (1) or more directors, votes on assessments that legally require a vote, amendments of the Governing Documents, grants of exclusive use of Common Areas, and such other votes as the Board determines should be conducted by secret ballot.


SECTION 2 – RIGHT TO VOTE
2.1 As described in these Rules, votes may be cast by Members either in person, by proxy, or by mail-in ballot. The Association may not deny a ballot to any person who is a Member of the Association at the time the ballots are distributed.
2.2 The Association may not deny a ballot to any person who has the general power of attorney for a Member of the Association. Any person with a general power of attorney for a Member must notify the Association and provide a copy of a valid general power of attorney to verify the person’s right to vote on behalf of the Member. If a ballot from a person with a valid general power of attorney which has been provided to the Association returns a ballot within the timelines established for the return of all ballots, the ballot shall be counted. (Civ. Code § 5105(g).)
2.3 The Association shall retain a voter list which shall include the name, voting power, and either the physical address of the voter’s Condominium, parcel number, or both (“Voter List”). The mailing address for the ballot(s) shall be listed on the Voter List if it differs from the physical address of the voter’s Condominium or if only the parcel number is used. The Association shall permit Members to verify the accuracy of their individual information on the Voter List at least thirty (30) days before the ballots are distributed. The Association or Member shall report any errors or omissions on the Voter List to the Inspector(s) of Election, who shall make the corrections within two (2) business days. (Civ. Code § 5105(a)(7).)


SECTION 3 – QUALIFICATION OF NOMINEES FOR DIRECTOR ELECTIONS
3.1 Only persons who are Members of the Association may be a nominee for election. If title to a Condominium is held by a legal entity that is not a natural person, the governing authority of that legal entity shall have the power to appoint a natural person to be a Member for purposes of being a nominee for election to the Board.
3.2 Prior to disqualifying any person from being a nominee, the Association must offer the person an opportunity to engage in internal dispute resolution pursuant to Civil Code section 5900 et seq.


SECTION 4 – NOMINATION OF DIRECTORS
4.1 The Association shall provide general notice of the procedure and deadline for submitting a nomination at least thirty (30) days before any deadline for submitting a nomination. Individual notice shall be delivered pursuant to Civil Code section 4040 if individual notice is requested by a Member.
4.2 The Association shall seek nominations for candidates for election by making available a “Candidate Nomination Form.” All Members desiring to run for a position on the Board of Directors or Members who wish to nominate other Members must complete the Candidate Nomination Form and return the completed Candidate Nomination Form and any accompanying materials to the Association within the time prescribed on the Candidate Nomination Form. If nominating another Member, that nominee’s written consent is required and must be returned with the Candidate Nomination Form.
4.3 The Association shall retain a candidate registration list and shall permit Members to verify the accuracy of their individual information on the candidate registration list at least thirty (30) days before the ballots are distributed. The Association or Member shall report any errors or omissions on the candidate registration list to the Inspector(s) of Election, who shall make the corrections within two (2) business days. (Civ. Code § 5105(a)(7).)
4.4 The Candidate Nomination Form submitted by each candidate may be enclosed with the ballot for the election and mailed at least thirty (30) days prior to the meeting. Candidate Nomination Forms and accompanying materials that are received after the time prescribed on the Candidate Nomination Form may not be enclosed with the ballot for election. The Association will not edit the content of these Forms, but will publish a general statement of non-responsibility for the content of all published Forms. Any candidate can request in writing that his/her Form not be published as provided herein and the Association will honor any such request received prior to the date of publication of all Forms if publication occurs.
4.5 Except as provided in Paragraph 4.4, no Candidate Nomination Form or other editorial or campaign material will be published in the Association’s newsletter or other Association media.
4.6 Nothing in these Rules and Procedures is intended to disallow a Member from nominating his or herself as set forth in Paragraph 4.2 above.
4.7 Nominations for election to the Board of Directors may not be made from the floor during the meeting of the membership or the Board.


SECTION 5 – VOTING BY SECRET BALLOT
5.1 Pursuant to Civil Code section 5100, elections regarding the following topics must be conducted by double envelope secret ballots pursuant to Civil Code section 5115: assessments legally requiring a vote, election and removal of directors, amendments to the Governing Documents, the grant of exclusive use of Common Area, or any other topic expressly identified in the Association’s operating rules. The Board has the right to determine whether other topics requiring a membership vote will be conducted using double envelope secret ballots.
5.2 The Association shall provide general notice of all of the following at least thirty (30) days before the ballots are distributed:
5.2.1 The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the Inspector or Inspectors of Elections.
5.2.2 The date, time, and location of the meeting at which ballots will be counted.
5.2.3 The list of all candidates’ names that will appear on the ballot.
5.2.4 Individual notice of (1) through (3) above shall be delivered pursuant to Civil Code section 4040 if individual notice is requested by a Member. (Civ. Code § 5115(b).)
5.3 Ballots may be submitted at any time from the Members’ receipt of the ballot until the announced deadline or any extension thereof as set by the Inspector(s) of Elections. Ballots returned by mail are to be returned to the address specified by the Inspector(s) of Elections and so noted in the balloting materials.
5.3.1 The Inspector(s) of Elections shall have the right to verify the Member’s information and signature on the outer envelope and to review the number of ballots collected prior to the deadline for voting and inform the Board of Directors of the number of ballots received. The Inspector(s) of Elections shall have the right to extend the voting deadline if there is an insufficient or possibly an insufficient number of ballots received. Voting envelopes shall not be opened as part of this review – only a review of unopened envelopes is allowed to verify the Member’s information and determine the total number of ballots returned.
5.3.2 Once cast, ballots cannot be revoked or changed, even if the Member attends the meeting and seeks to change or withdraw his or her vote before the polls close.
5.3.3 The Board of Directors shall set a record date establishing those Members entitled to vote on any ballot. Should the Board fail to set a specific record date, the record date shall be the date the ballot was posted in the United States mail unless specified otherwise in the Association’s Governing Documents.
5.3.4 In accordance with the Governing Documents of the Association, Members shall be entitled to one (1) vote per Condominium, except in the election of directors where cumulative voting is allowed. Cumulative voting for directors shall be permitted in any secret ballot for the election of directors.
5.4 Ballots and two (2) pre-addressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered, or caused to be mailed or delivered by the Inspector(s) of Elections to every Member at least thirty (30) days prior to the deadline for voting. For the election of directors, ballots and voting envelopes will also be distributed at the annual membership meeting. The Association shall generally use as a model those procedures used by California counties for ensuring confidentiality of voter absentee ballots, including the following:
5.4.1 The ballot itself will not be signed by the voter, but will be inserted into an envelope that is to be sealed by the voter. This envelope is to be inserted into a second (outer) envelope that is sealed by the voter. In the upper left-hand corner of the second envelope, the voter must print and sign his or her name, address (either address within the community or mailing address), and Condominium number that entitles him or her to vote. The lack of a signature on the second envelope will not invalidate that ballot if the Inspector(s) of Elections is able to determine the identity of the Member who submitted the ballot.
5.4.2 The second (outer) envelope is to be addressed to the Inspector(s) of Elections, who will be tallying the votes. The envelopes are to be mailed or delivered by hand to the address specified by the Inspector(s) of Elections.
5.4.3 Balloting materials not completed in accordance with the instructions on or accompanying the balloting materials may result in the ballot being declared invalid, as determined by the Inspector(s) of Elections. The Inspector(s) of Elections shall have the right to count ballots submitted by Members failing to complete all of the above requirements so long as all ballots with similar defects are treated equally and so long as the Inspector(s) are able to verify that only one (1) ballot per voting Member has been submitted.
5.4.4 Only the official ballots distributed by the Association will be counted. Unofficial ballots will not be counted.
5.4.5 If a candidate whose name is on the ballot withdraws before the ballots are counted, the election will continue to go forward. However, the votes cast for a withdrawn candidate will not be counted.
5.5 Ballots shall be counted at a membership meeting or open Board meeting. Subject to reasonable restrictions established by the Inspector(s) of Elections to prevent interference with or intimidation of the Inspector(s) during the tabulation of the ballots, any candidate or other Member of the Association may witness the counting and tabulation of the votes. No person observing the tabulation of the ballots may communicate with, interfere with, or in any way attempt to intimidate, harass or abuse the Inspector(s) or other person counting the ballots or assisting the Inspector(s).
5.6 Except as provided above, no person, including a Member of the Association or an employee of the management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated.
5.7 The candidate(s) receiving the highest number of votes shall be elected.
5.8 The results of the election shall be promptly reported to the Board of Directors of the Association and shall be recorded in the minutes of the meeting and shall be available for review by Members of the Association. Within fifteen (15) days of the election, the Board shall publicize the results of the election in a communication directed to all Members or by posting it in the Common Area.
5.9 The Association election materials (returned ballots, signed voter envelopes, Voter List, proxies and the candidate registration list) will be retained by the Inspector(s) of Elections or the Inspector’s/Inspectors’ designee for one (1) year following the date the Inspector notifies the Board and the membership of the vote result, unless the Inspector is notified of some challenge to the election after the notification of the election result. In this case, the Inspector or its designee shall retain these documents for one (1) year from that later date. Thereafter, the Inspector(s) of Elections shall turn over those election materials to the Association or its designated agent. At the conclusion of the three (3) year period established by Civil Code section 5210, those election materials may, at the option of the Board of Directors, be destroyed.
5.10 The mailed secret ballots described in these Rules, once received by the Inspector(s) of Elections, will serve to establish a quorum at any meeting of Members.


SECTION 6 – PROXIES
6.1 Voting by proxy will be permitted in accordance with the provisions of the Bylaws, although the Board of Directors need not prepare and distribute proxy forms with the election or voting materials. The Association will continue to honor proxies submitted in accordance with the Bylaws. Proxies submitted to and accepted by the Association must conform to the requirements of the law. Proxy holders will be given a secret ballot to complete. Proxies will not be counted as secret ballots.


SECTION 7 – INSPECTORS OF ELECTIONS
7.1 The Board of Directors will appoint one (1) or three (3) Inspectors of Elections to oversee and certify the results of the voting. Inspector(s) of Elections are to faithfully perform their responsibilities so as to ensure that the announced results of the voting and/or election represent the true and honest votes of the Members casting ballots.
7.2 Inspector(s) of Elections may not be Board Members or a candidate for election or related to or reside with Board Members or the candidates for election.
7.3 The Inspector(s) of Elections may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the Association for compensable services other than serving as an Inspector of Elections.
7.4 Unless only outside consultants are engaged to serve as the Inspectors, at least one (1) Inspector of Elections shall be a Member of the Association, although all Inspectors of Elections may be Members of the Association if so appointed by the Board of Directors. If not Members of the Association, Inspectors of Elections may be compensated for their services. Members of the Association shall not be compensated for serving as Inspectors of Elections.
7.5 The Inspector(s) of Elections shall do all of the following:
7.5.1 Deliver, or cause to be delivered, a copy of these Rules at least thirty (30) days before an election. Delivery of these Rules may be accomplished by either of the following methods: (1) posting them to an internet website and including the corresponding internet website address on the ballot together with the phrase, in at least twelve (12) point font, “The rules governing this election may be found here:” or (2) individual delivery.
7.5.2 Determine the number of memberships entitled to vote and the voting power of each;
7.5.3 Determine the authenticity, validity and effect of proxies;
7.5.4 Receive the ballots and determine the location to which all ballots are to be returned;
7.5.5 Hear and determine all challenges and questions to the balloting or election;
7.5.6 Count and tabulate all ballots;
7.5.7 Determine when the polls shall close;
7.5.8 Determine the results of the election or balloting;
7.5.9 Report the tabulated results of the election or balloting promptly to the Board of Directors; and
7.5.10 Perform such other acts as may be necessary to conduct the election or balloting in fairness to all Members and in accordance with applicable law and all rules of the Association.
7.6 The Inspector(s) of Elections may appoint additional persons to assist in performing any of the above duties. Any such persons shall meet the qualifications for appointment as an Inspector of Elections.
7.7 The Board of Directors shall have the authority to remove and/or replace an Inspector of Elections at any time if an Inspector resigns or whenever the Board determines that an Inspector will not be able to perform his or her duties impartially in good faith, to the best of the Inspector’s ability, as expeditiously as is practical, and in a manner that protects the interests of all Members of the Association, or if the Inspector ceases to meet the qualifications to serve as described above.
7.8 Inspector(s) of Elections shall have the authority to consult with the Association’s legal counsel in the event of uncertainties in the interpretation or application of Civil Code section 5100 et seq., these Rules, the Association’s Governing Documents or as might otherwise be necessary to ensure a fair election that complies with the law and the Governing Documents. All such consultations shall be protected by the Association’s attorney-client privilege and shall be kept confidential from all persons other than the Board of Directors. Note, however, that neither the Inspector(s) of Elections nor the Association’s legal counsel shall disclose to others, including the Board, how a particular ballot was cast.


SECTION 8 – RECALL ELECTIONS
8.1 To initiate the recall of one (1) or more directors or the entire Board, the Board must receive a petition signed by Members representing at least twenty-five percent (25%) of the total Voting Power of the Members calling for a special meeting for the recall election. The recall petition must also include the Members’ printed names and the addresses of their Condominiums for verification purposes. Pursuant to Bylaws Section 4.3, a vote for a recall may also be initiated by a majority of a quorum of the Board or by the Board President.
8.2 Upon receipt of a valid recall petition, the Board will promptly appoint an Inspector(s) of Elections.
8.3 Within twenty (20) days of the Board’s receipt of a valid recall petition, the Board will notice the Members of and will set the time, date, and location of the special meeting to hold the recall election.
8.4 The special meeting must be held between thirty-five (35) and ninety (90) days of the Board’s receipt of the petition.
8.5 Any recall election as well as any election for the replacement directors must be conducted by secret ballot according to Paragraph 5.1. In an effort to avoid recalled directors remaining on the Board until replacement directors are elected, the election for replacement directors will be held at the same time as the recall vote. As such, the Members will vote on two issues: (i) the recall of directors, and (ii) the replacement of directors. The Inspector(s) of Elections will tabulate the votes on the replacement of directors immediately following the recall vote, if the recall is successful.


SECTION 9 – ELECTION CHALLENGES AND BALLOT RECOUNTS
9.1 The Inspector(s) of Elections shall, upon written request, make the Association election materials (returned ballots, signed voter envelopes, Voter List, proxies and the candidate registration list) available for inspection and review by an Association Member or the Member’s authorized representative should a Member challenge the election or demand a ballot recount. Signed voter envelopes may be inspected but may not be copied pursuant to Civil Code section 5200(c).
9.2 Any recount will be conducted in a manner that preserves the confidentiality of the vote. To preserve the confidentiality of the vote, Members will not be entitled to inspect the Inspector(s) of Elections’ tabulation documents or notes submitted to the Association.


SECTION 10 – MISCELLANEOUS
10.1 Other than the time frames set forth in Civil Code section 5100 et seq., the time frames stated in these Rules are guidelines, generally setting forth fair and reasonable procedures for the conduct of voting and elections. However, the failure of the Board or Inspector(s) to strictly adhere to these time frames will not invalidate any election or vote so long as the procedures used allow all Members an equal opportunity to participate in the election or voting process and did not affect the results of the election.
10.2 At the discretion of the Board of Directors, the above Rules may be modified, delayed or repealed by the Board, in whole or in part, if the California State Legislature takes any action to change the content of Civil Code section 5100 et seq., which would affect said Rules.

ARCHITECTURAL REQUEST FORM and HOA Unit Remodel/Repair Procedures

Remodeling and Repair Communication to the Board

Attached is the Architectural Request Form. Per updated Rules and Regulations, the owner must submit an architectural request Form for any remodeling or extensive work done in a unit for greater than one day or 8 hours per occurrence (one or more trades/vendors).

The full board must review, and majority approve any remodeling, including but not limited to alterations in flooring, alterations in walls or ceilings, plumbing changes, or electrical changes.

You must review the Requirements for Vendors and provide this information to each of your vendors.

Purpose: Architectural Request Form

  • The form will facilitate communication to the board of specific work being completed and materials being used
  • The form will verify owner understanding of requirements as listed in the CC&Rs, Rules and Regulations, and State and City codes.
  • The form provides information to prevent damage to the common area, and to assure comfort of others while work is completed.
  • The HOA also desires coordination of water shut off and to limit other residents’ inconvenience while work is completed in individual units.

Owner Responsibility for Communication of Rules and Responsibilities to Vendors

  • Owner is responsible for communication to vendors working onsite as well as with communication to the HOA Property Manager. It is a requirement that provisions and process for emergency communications be in place for all parties before work is started
  • The owner is responsible for providing the vendor all information specific to our building, to prevent misuse of elevators, elevator and plumbing pump breakdowns, as well as to prevent damage to and debris in the common areas.
  • The owner is responsible for any violations or damage done by their vendors.
  • The owner is responsible for any violations or damage done by their vendors.

Process to Submit and Approve Architectural Request Form

  • The unit owner is to completely fill out this form. Questions may be directed to the Property Manager, who if unable answer the question will try and put the owner in contact with a knowledgeable HOA Board member.
  • A completed ART form is then submitted by the unit owner to the Property Manager (PMC). Any form that is not completely filled out and signed by the owner will not be accepted. In addition, an owner may not start any work until they have received the signed off written approval by the Board.  
  • Although there is no time limit for the Board to respond, the Board will try to do so at the next HOA Board meeting for which the application has been timely given to the Property Manager (PMC). This should be no longer than 45 days.
  • Approval must be granted, in writing, prior to commencement of construction. If permission is not requested or approved, the owner may be required to remove the improvement and is subject to fines.  
  • During the work, pictures should be taken to document the work done (before and after) and the condition of any common areas exposed.
  • After the work is completed, copies of any permits used, inspection reports generated, pictures taken, and the ARF form are to be re-submitted to the Property Manager for sign off by the HOA Board.
  • At the next HOA Board meeting for which the completed work documents were provided the Property Manager, the HOA Board will sign off Final approval and inspection for this AFE.

Section A: Architectural Request Form Summary Sheet
Name(s): _________________________________
Address: __________________________________
Telephone: ________________________________
E-mail: ___________________________________

We fully understand and will abide by the following:
1) I/we have reviewed the, Homeowners Association’s (HOA) Governing Documents, including information regarding Architecture Control, and understand the unit owner Is responsible for following these procedures. By signing below, the owner acknowledges that they are informed and aware of the requirements of the HOA’s Governing Documents and are responsible for all vendors to follow the requirements of the HOA’s Governing Documents.
2) I/we understand that the HOA Board may take up to 45 days to approve this document as it must be done at a HOA Board meeting with appropriate required notice.
3) I/we understand that all repairs and remodeling will be done in accordance with current building codes of the City and County of San Diego.
4) I/we understand that a building permit must be obtained, if required, and comply to all city and county building codes.
5) I/we have confirmed that all contractors/vendors are licensed and insured. (add new page if necessary to include all contractors/vendors).
Contractor/Vendor Name(s):_________________________________________________
Contractor Address:____________________________________ CA License #________
Contractor email: _____________________ Contractor phone number:______________

SECTION B: Improvement Repair Summary:
Note: If you need to attach additional pages, write your name, unit number and page # of total # at the bottom of each additional page (as shown at the bottom of this document).
The board requests the owner is to contact PMC/the Board if any walls are opened and pipes are or will be exposed. The HOA will proactively inspect HOA pipes and replace them, at HOA cost, if necessary. The HOA will also proactively inspect for the need for insulation in the walls and again, if necessary, replace/install insulation at HOA cost.
I/we hereby request approval of the installation of the following improvements/repairs to my/our unit.
1. _____________________________________________
2. _____________________________________________
3. _____________________________________________
4. _____________________________________________
5. _____________________________________________
Owner Last Name & Signature __________________________________Unit # ___

SECTION C: Plumbing Involvement
Plumbing Involvement (please check degree of involvement):
O No, There will be no changes/alterations/additions to the location or piping, either hot/cold pressure or sewer waste
O To be determined. (An updated ARF is required)
O Yes, the angle stop water shut off valves will be replaced
O Yes there will be other changes to common area plumbing. These are specifically (please provide enough detail so the Board will know exactly what work is being done that might affect the Common Property of the HOA. Insufficient detail causes project and Board delays).
_____________________________________________________________________
_____________________________________________________________________

Additional notes/requirements:
1) The owner is to contact PMC/the board if any walls are opened and pipes exposed. The HOA will proactively inspect HOA pipes and replace them, at HOA cost, if necessary.
2) The owner is highly encouraged to have the plumber Inspect their plumbing fixtures while working in their unit. If water is to be shut off for repairs, replace angle stops for sinks and toilets, laundry shut off if needed and have toilet seals inspected. Also consider replacing shutoff valves for the bath and kitchen and snaking all drains.
Will this project will require water shut off? (Please check)
O No, any plumbing changes made can be accomplished by simply turning off the wall angle stops.
O To be determined. (An updated ARF is required)
O Yes, and I am aware of the following specific requirements to do so:
a. In order to shut off water for one unit, the water must be shut off for the entire building. The HOA wishes to limit water shut offs by coordinating multiple jobs per shut off if possible.
b. Minimum of 48-hour notice (2 business days) is required for any water shutoff.
c. Coordinate all water shut offs with the Board or HOA Property Manager.
d. Ensure all recirculating pumps are turned off during shut off and restarted and plumbing properly vented to ensure no damage. Owner is responsible for all damages caused by shutting off water to building.
e. The unit owner is responsible for posting shut off notice and emailing board/PMC.
f. The notice must include date, time off (after 9 AM preferred), and length of time water is off, Plumber company name and phone number, owner contact name and phone number.
The HOA has a preferred plumber who is familiar with the building and the process of turning the water off and on.
• Advanced Plumbology (619) 934-9074 (Prefer: Tony, Joe 8.2019)
• The HOA desires to use their preferred plumber to assure the process is completed correctly without damage to the property.
Owner Last Name & Signature _____________________________________Unit # ___

Section D: Flooring or Ceiling Changes:
Will this project require Flooring or Ceiling Changes? (Please check)
O No, there is no change to the ceiling composition and there is no change to the flooring materials.
O To be determined. (An updated ARF is required)
O Yes, These changes are specifically the following and I am also aware of the below specific requirements as well as Section 2.9.2 of the CCRs and 3.4 of the RRs. Please provide enough detail so the Board will know exactly what work is being done that might affect the Common Property of the HOA. Insufficient detail causes project and Board delays. Please provide noise transmission background information from a qualified noise expert that demonstrates that the total floor/ceiling assembly for your specific unit and the one below will meet the noise standard so the Board can make an informed decision. Note that Redondo Court and Ocean Front Walk have different common property floor/ceiling assemblies which must be taken into account.
_____________________________________________________________________
_____________________________________________________________________

1) The subfloor must be evaluated when replacing any flooring. When the top flooring material is removed and the subfloor exposed the owner must replace subfloor where needed and secure any loose or squeaking boards with stainless steel screws. Owner is responsible for squeaks and other noise originating from their flooring or subflooring.
2) The board requests the owner to contact PMC/the Board if any Flooring or Ceilings are opened and joists will be exposed. The HOA will proactively inspect for the need for insulation in the flooring and/or ceiling and if necessary, replace/install insulation at HOA cost.
3) The unit owner acknowledges that they are informed and aware of the requirements of the HOA’s Governing Documents (e.g. CC&Rs, Rules, etc.). and the requirement to meet the standards of the Uniform Building Code (“UBC”) as adopted by the State of California and City of San Diego and insures that any flooring installation will comply with these standards.
4) Owners are solely responsible for compliance with California Building Code requirements with regard sealing, lining, insulating or treating penetrations or openings in their ceiling assemblies for piping and electrical devices such as recessed lights and speakers, recessed cabinets, bathtubs, soffits, or heating, ventilating or exhaust ducts, to maintain required sound transmission ratings (IIC and STC).
5) Per the San Diego Municipal Code and the California Building Code, there are specific requirements for Sound Transmission Control for airborne sound insulation for floor-ceiling assemblies separating dwelling units. These standards must be followed with any flooring or ceiling changes. Consultation with appropriate licensed professionals [e.g. sound engineer] is encouraged. Applicants are fully and solely responsible for compliance, regardless of Association approval. Owners submitting applications to the Association certify that these standards are known and have been complied with in choosing the materials and installation method for the proposed flooring changes.
6) The unit owner agrees, for themselves and their successors in interest, that the flooring will be installed as presented in the approved ARF, and specifically agrees to defend and indemnify the HOA against any claims by third parties related to the flooring change. This agreement is binding on the current owner and successor owners so long as the flooring remains in place.
7) Approval of the ARF is not an agreement by Board that the proposed improvements will meet requirements, but that the owner is aware of and is responsible to meet the requirements. Any testing or inspection costs triggered by the improvements are the responsibility or the owner. This agreement is binding on the current owner and successor owners so long as the flooring remains in place.
Owner Last Name & Signature ______________________________________Unit # ___

SECTION E: Electrical Involvement
Electrical Involvement (please check degree of involvement):
O No, There will be no changes/alterations/additions to the location(s) or load(s) applied to any common area wiring, junction box, receptacle box, plug box, or hard wired fixture/appliance.
O To be determined. (An updated ARF is required)
O Yes there will be changes to the electrical system. These are specifically: (please provide enough detail so the Board will know exactly what work is being done that might affect the Common Property of the HOA. Insufficient detail causes project and Board delays).
_____________________________________________________________________
_____________________________________________________________________
Owner Last Name & Signature ______________________________________Unit # ___

SECTION F: Wall Involvement
Wall Involvement (please check degree of involvement):
⃝No, There will be no changes/alterations/penetrations regarding the walls.
⃝To be determined. (An updated ARF is required)
⃝Yes there will be changes to the walls. These are specifically: (please provide enough detail so the Board will know exactly what work is being done that might affect the Common Property of the HOA. Insufficient detail causes project and Board delays):
_____________________________________________________________________
_____________________________________________________________________
Owner Last Name & Signature ______________________________________Unit # ___

SECTION G: Other Improvement or Repair Details:
1) Describe the proposed Improvements and attach a drawing (s), photo(s) or product, showing the type of construction, dimensions, type of material, and the location. They are specifically:
_____________________________________________________________________
_____________________________________________________________________
2) List the contractor specialty, contractor company name and license number for each improvement type (e.g.: flooring, walls, and plumbing). (add new page if necessary to include all contractors/vendors).
Contractor/Vendor Name(s):_________________________________________________
Contractor Address:________________________________________________________
Contractor email: _____________________ Contractor phone number:______________
Owner Last Name & Signature ______________________________________Unit # ___

Download this ARF Form (.pdf)

Download this ARF Form (.docx)

HOA Common Property Upgrade Request Procedure (Common Property Upgrade Request Form)

Purpose of the HOA Common Property Upgrade Request Form and Process:
• This form and process will facilitate communication between the Board and Owner with respect to specific work being requested by an owner.
• The form and process will provide a traceable gathering and disposition of Owner requests, recommendations and ideas.
Process: Architectural Request Form
Owners wishing to have HOA Common Property maintained, repaired, and/or upgraded are asked to fill out and submit the attached “HOA Common Property Upgrade Request Form”.
This form can be submitted via USPS or email and sent to the HOA Property Manager, with copies to the HOA Board if so desired. Contact information for the Property Manager is on the Contact webpage of the HOA website.
The form has to be received a week in advance of an upcoming Board meeting in order for the Board members to have time to review the HOA Common Property Upgrade Request Form and make an informed decision. The Property Manager will place on the HOA Board Meeting Agenda under New Business any HOA Common Property Upgrade Request Forms submitted prior to the cut-off day/time. The Board members will make every effort to respond in a timely manner, but note there are times when a Board meeting is cancelled, for example due to lack of a quorum, or other items take precedence at a Board meeting. The full board must review, and majority approve any HOA Common Property maintenance, repair, and/or upgrading. Their discussion and action taken will be shown in the HOA Board minutes.


HOA Common Property Upgrade Request Form
Requesting Owner Name(s): _________________________________ Requesting Owner Unit #: _____
Telephone: ____________________________ E-mail: ______________________________________
I/We request that the HOA Board take the following action with respect to the HOA Common Property:
HOA Common Property Involved: ________________________________________________
Improvement Requested: ________________________________________________
Date of Request:_________________________
Suggested contractor/vendor (name & contact information:___________________________________
____________________________________________________________________________________

Download this Common Property Upgrade Request Form

Unapproved Changes to a Unit’s Common Property Policy

The damage covered under this policy is damage to the HOA common property area, not to the unit, i.e. plumbing, electrical, and structural issues. In these cases it does not make sense for an HOA enforcement policy to address the issue because it would not be appropriate for the owner to repair the damage he/she caused. If an owner removed a load bearing wall, for example, the Board would not want the owner to repair it. The Board would want the Association to have its contractors repair the damage at the owner’s expense. The CC&Rs give the Board ample authority to do that. How the Board handles that issue will depend very heavily on the facts of the specific case. If the Association’s structural engineer says that the building might collapse if the wall is not rebuilt immediately, the Board’s actions would differ greatly from a situation where a licensed electrician properly moved an outlet to a location that the Board did not approve. Because each case would be so highly fact-specific, this does not lend itself to an enforcement policy. The general approach would be for the HOA Board to hire a licensed contractor to enter to unit to replace/repair HOA Common Property, and then charge the Owner of the unit a fine and cost of the replacement/repair work done. Access is granted per current CCRs and RRs.

Procedure for Bringing an Issue or Motion Before the HOA Board

In order for the Board to respond to Owner requests at the next Board meeting, all requests for items coming before the Board and/or proposed motions have to be submitted by noon one week before the next Board meeting to get on the agenda. This allows Board members time to consider the proposal.

For Owners requesting an item to come before the BOD meeting, the process is:
(1) Owner submits to Fern/PMC their request (with cc to BOD if they want),
(2) PMC/Fern decides based on their experience if agenda item should be on BOD agenda and (2a) If yes, it is put on the agenda, but (2b) If no, PMC/Fern sends BOD members the item to see if one or more BOD members would like it on the agenda. (3a) If one or more BOD members would like it on the agenda, the item goes on the New Business Agenda, but (3b) if no, then the owner is so notified by Fern/PMC and informed that they can bring it up themselves for further BOD awareness in the Home Owners Forum associated with a BOD meeting.

HOA Common Area Insurance Information

The Property Manager is the best source for important information regarding the Master Insurance Policy for your association. Please review it and call their office if you have any questions.
The link contains on the first page a certificate of insurance that is an easy reference to see the coverage limits and policy dates. If you need proof of insurance sent to your mortgage company, please email or fax the request from your lender to the Property Manager’s office. They will send them a copy and a copy to you for your records.
The next two pages contain a more detailed summary of what is covered and what is not covered. The summary will help explain the limits as well as types of losses that are covered under the association’s master policy. They also point out the types of claims that should be protected against by a “unit owner’s policy”. Your master policy does NOT provide coverage for items inside your unit including; paint, floor coverings, cabinets, fixtures and appliances. Also, keep in mind that the association has a $ 5,000 deductible per loss.
The HOA Board strongly recommends that you have your own policy to cover the items above as well as your personal property, personal liability, loss assessment, and additional living expense. You should contact your agent for help with this policy or contact the Property Manager’s office and they will be happy to answer any questions or guide you to purchase this important coverage.
The FARMERS agency has over 40 years of service with Farmers Insurance Group and they insure many associations here in San Diego County. They also help hundreds of families with their personal auto, home, and life insurance needs. Their office is fully staffed to provide you with fast, personal service. The would appreciate the opportunity to be of service to you.

Remote Garage Door Openers

https://i1.wp.com/topofthebeachhoa.com/wp-content/uploads/2020/06/Garage-remote-control-example.jpg?w=1200&ssl=1
Example of Multi-Code Transmitter

The garage remote controllers can be obtained commercially from Amazon, Home Depot, etc. They are classified as multi-code. An example is:
Amazon Multi-Code Transmitter

Process to Select Board President

When a new Board is elected all positions are open and people can keep the same position or say if they want a different one. If more than one person wants a position, the Board puts each of their names into a drawing and the name that is picked out of the hat gets the position.

2020 Flooring Committee Report

In 2020, the TOB Board Chartered a Flooring Committee to research the feasibility of revising the then current Rule 3.4. The Report submitted the by Flooring Committee was as follows:

Reasons for Chartering the 2020 Flooring Committee:

  • When the TOB properties were constructed (Redondo Ct.) and remodeled (OFW 3rd floor) in the 1970’s, the Uniform Building Code required a Noise Impact Test value of >50 to mitigate nuisance noise between units. At that time the only way for buildings (constructed like the TOB properties) to pass that UBC IIC Standard was with good quality wall-to-wall carpet over padding. That is the plausible explanation, along with the societal preference at the time for carpet, for carpet flooring being used in the 2nd and 3rd story TOB property units.
  • TOB HOA CCR Section 2.9.2 regulating floor coverings and R&R Section 3.4 specifying carpet over padding for 2nd and 3rd floor units have been in place since 1998.(1)
  • Societal shifts in types of flooring and progress in noise mitigation methods over the last decade has led to owners to request use of non-carpet flooring materials.(2)
  • Legal firms specializing in the Davis-Sterling Act recommend using acoustic guidelines to specify flooring requirement. “Adopting a reasonable acoustical standard will allow the installation of hard surfaced flooring while minimizing noise transmission to lower units. This increases property values and minimizes disputes between neighbors.”(3)
  • The TOB HOA Board wanted to ascertain if the CCR and R&R Sections could be modified to reflect such changes.

Charter of the 2020 Flooring Committee:

  • TO provide a uniform written recommendation to the TOB HOA Board regarding sound transfer / noise mitigation in TOB properties and/or wording for an upgraded enforceable Flooring Section of the HOA’s Rules and Regulations,
  • IN A WAY THAT incorporates and blends the extensive information and resources available on the subject, with the nuances of our two TOB properties, and legally appropriate,
  • SO THAT HOA Owners’ can responsibly and courteously enjoy and derive value from their condominiums

Background on TOB Properties Structural Make-up with Respect to Nuisance Noise from Flooring:

The Redondo Court (RC) and Ocean Front Walk (OFW) buildings are constructed differently.

  • The sub-floor of the Redondo Court building was 2” light-weight concrete over ¾” plywood, placed upon 2”x10” joists on 16” centers, with ½” drywall ceiling below.(4)
  • The sub-floor of Ocean Front Walk was ¾” plywood, placed upon 2”x12” joists on 16” centers, with ½” drywall ceiling below.(5)
  • The ceilings for all units in both buildings when converted to condo’s in 1974 were acoustic popcorn. Flooring at that time was wall-to-wall carpet with padding on the 2nd and 3rd floors for both buildings, with the exception of the kitchens and bathrooms.(6)

Acoustic Modeling of TOB Properties with respect to noise from flooring

  • Four “acoustic floor/ceiling assemblies” were modeled for floor/ceiling noise transfer. The results are summarized as:
  • The existing assembly in Ocean Front Walk units would be expected to achieve an IIC rating of 57 to 58 with carpet and pad and approximately IIC 28 to 29 with vinyl tile or other hard surface flooring without an acoustical underlayment.
  • The existing assembly in Redondo Court units would be expected to achieve an IIC rating of 67 with carpet and pad and approximately IIC 34 with vinyl tile or other hard surface flooring without an acoustical underlayment.
  • It was the opinion of Consultant that, unless the ceiling below an upstairs unit includes resilient channels and batt insulation (and the appropriate acoustical underlayment is installed beneath the hard surface flooring), the installation of hard surface flooring should not be allowed in any unit located above another residential unit within the Top of the Beach community as such would not meet the California Building Code minimum IIC standards.(7)
  • To date there has been no documented Acoustic Field Testing of TOB Properties with respect to noise from flooring.(8)

Current Requirements and Standards Governing Flooring come from a variety of sources:

International Standards (9):

Grades of Field Acoustical Performance for Impact Noise (NISR per ASTM E 1007)
Acceptable Performance (Grade B Performance) = 52
Preferred Performance (Grade A Performance) = 57

National Noise Standards(10):

  • The Uniform Building Code (UBC) contains requirements for sound isolation for dwelling units in Group-R occupancies (including hotels, motels, apartments, condominiums, monasteries and convents).
  • UBC requirements for floor/ceiling assemblies: IIC ratings of 50 (if tested in a laboratory) or 45 (if tested in the field*).
  • Impact Insulation Class (sometimes referred to as Impact Isolation Class) measures a floor/ceiling assembly’s resistance to the transmission of structure-borne or impact noise.
  • Recommended Isolation Level: An IIC rating of 50 will satisfy the building code requirements. As with STC, it is typically argued that luxury accommodations require a more stringent design goal. Bear in mind, some floor assemblies rated as high as IIC 70 could still transfer noticeable footfall noise.

State Noise Standards (Sterling Davis Acoustic Guidelines)(11):

Code requirements are usually satisfied with carpet. However, hard-surfaced flooring creates noise transmission problems. The following are recommended FIIC guidelines for hard surface flooring in Housing with Wood Construction:

  • Government is to be 45 or greater
  • Entry-level is to be 48 or greater
  • Standard is to be 52 or greater
  • High is to be 57 or greater
  • Luxury is to be 60 or greater
  • NOTE: Buildings are not sound-proof and sounds will continue to be audible even when the requirements are met.

As part of their Rules or Architectural Standards, many boards have adopted standards which are higher than local building codes. Because 45 is unacceptably noisy, many associations have adopted a minimum standard is 52 and others are using 55.(12)

Building Code of the City of San Diego, 2013 Building Regulations: Hotel, motel and apartment buildings, and dwellings other than detached single–family dwellings, shall conform with the provisions of Section T25–28, Noise Insulation Standards, of Article 4, Subchapter 1, Chapter 1, Division T25, Part 6, Title 24, California Administrative Code (13)

Recognizing the problem that excessive noise creates, many local jurisdictions are also setting higher STC ratings. One example is the City of Redondo Beach, California which requires an STC of 55 (see City of Redondo Beach Municipal Code, Section 10.2.1608)(14).

TOB HOA CCR Section 2.9.2

Installation of any carpet, tile or other floor covering must have prior approval of the Board or Architectural Committee. The Board or Architectural Committee review shall be limited to a review of the potential sound transfer between Units. Plans which do not adequately mitigate sound transfer, in the sole discretion of the Board or Committee, shall be denied. In deciding upon floor coverings, Owners shall take all reasonable measures to choose floor coverings that mitigate sound transfer between Units. The Board shall have the power to order an Owner who has not complied with this Section to remove and replace any floor covering which does not adequately mitigate sound transfer.

Change to TOB Rules Section 3.4 Flooring

At the September 21, 2020 TOB HOA Board meeting it was moved, seconded and passed (4 votes for, 1 vote against) the following motion: “The current section 3.4 of the TOB HOA RRs be removed and replaced with the following “3.4 Flooring:”

  • Formal noise complaints result in lingering consequences and can affect quality of community life and property values.
  • Before an official noise complaint is filed with regards to flooring, it is asked that the owners involved try to reach a mutually agreeable solution.
  • If the conflicts are insolvable with the owners involved, the owner with the complaint will formally contact the HOA Board / Property manager, and request IIC FIELD TESTING of the upstairs unit and resolution of the problem, as it is the only objective way to verify that floor coverings comply with the law, codes, and HOA’s governing documents
  • The HOA will contract for an IIC Field Test with a qualified service provider, and obtain reimbursement from the appropriate owner after Field Testing is done. <br />If an owner will not make the unit available for field testing, the HOA Board decision will default in favor of the other owner involved.
  • If the IIC Field Test standard of 45 or greater is met, the owner bringing the complaint will pay for the test.
  • If the IIC Field Test standard of 45 or greater is not met, the owner with the non-compliant flooring will pay for the test, and that unit must then be brought into IIC Field Test compliance within ninety (90) days at the owner’s expense.
  • If the owner doesn’t bring the unit into compliance, HOA Board action will be taken following established procedures for HOA non-compliance.

For reference, prior to the September 21, 2020 TOB HOA Board meeting Section 3.4 of the TOB HOA RRs was:

Floor coverings for the second and third floor units of both buildings must be carpet over padding in the living room, dining area, bedrooms and passageways. If there is a complaint concerning hard surface floor (in an area required to be carpet over padding) by another owner, the owner with the hard surface must remove the hard surface flooring and replace it with wall-to-wall carpeting over padding in the required areas of the unit. When a unit with hard surface flooring is sold the hard surface flooring must be removed and replaced with carpet over padding prior to occupancy by the new owner.

Thoughts for Owners Making Changes to their Flooring

  • Claims by salespeople and flooring companies’ with respect to the ability for their flooring products to meet Sterling-Davis type IIC Standards vary widely in their veracity. Numeric values quoted are typically on “laboratory tested standard flooring assemblies”. These are quite different than the flooring assemblies of Ocean Front Walk and Redondo Ct. buildings. These quoted values will quite likely be different than the Field Tested IIC values a TOB Owner will obtain when the field testing of the Owners unit is done.(15)
  • It is highly recommended Owners obtain expert advice on what Field Tested IIC value can be expected on their unit from a flooring material they desire before they contract for new flooring.
  • It is further recommended that a warranty be obtained from the flooring supplier that will compensate the Owner for replacing newly installed non-compliant flooring with compliant flooring within 90 days if the Field Tested IIC value is insufficient. The warranty should extend for a sufficient period as there may not be an immediate Field Test or nuisance claim brought by another owner.

Sources, References and Selected Bibliographic Information

1. Flooring Committee Sub-group #1 History Summary
2. Flooring Committee Sub-group #12 Effects of Societal Shifts on Flooring Su3. mmary
3. https://www.davis-stirling.com/HOME/Acoustical-Guidelines
4. Flooring Committee Sub-group #1 History Summary
5. Flooring Committee Sub-group #1 History Summary
6. Flooring Committee Sub-group #1 History Summary
7. Flooring Committee Noise Consultant Report, Eilar Associates, Escondido, CA, Job # S200705, August 20, 2020.
8. Flooring Committee Sub-group informal input from unit #9 that a field test was done in the 1990’s, but no documentation exists of the testing or testing results.
9. http://media.iccsafe.org/store/2015Handbook/ICC_G2-2010.pdf
10. http://www.acoustics.com/iic.asp
11. https://www.davis-stirling.com/HOME/Acoustical-Guidelines
12. https://www.davis-stirling.com/HOME/Acoustical-Guidelines
13. https://www.sandiego.gov/sites/default/files/legacy/development-services/pdf/industry/2015/2013cbc.pdf
14. https://www.davis-stirling.com/HOME/Acoustical-Guidelines
15. Flooring Committee History Summaries and Experts’ Interviews contained therein
16. Folder of Flooring Committee Research
17. Folder of Flooring Committee Meeting Notes

2020 Acoustic Analysis of TOB Buildings

This was provided by Eiler Associates of Escondido. It is available on the Menas website.

2021 Flooring FAQs

The following FAQs were created in February 2021. They are based on the Flooring Committee’s research in conversations with the HOA attorney in August 2020 and again in January 2021. They are provided for information purposes to the owners of the Top of the Beach HOA. They are not to be construed as legal guidance.

HISTORY:  It would be helpful to update the owners with the history of the flooring problems, which units presently have installed hard surface flooring with or without board approval, which kinds meet the requirements, and which are problems for neighbors.  

There is a Flooring Committee Report available just above this section on the website. This resource provides the history of the buildings, and the flooring issues.  It also provides the types of flooring that would meet the standards.  It doesn’t include a list of those units currently in violation of the HOA’s Flooring Rule 3.4.

LEGALITY: Please have the attorney review the rule wording and intent and establish that this procedure/rule/etc. will not cause additional costs to the association in the form of law suits, responsibility etc. and are legal.

The HOA’s attorney, Pejman D. Kharrazian at Epsten law offices, has reviewed the new Rule 3.4 wording and found it appropriate and enforceable.

SEPARATE BUILDING PROBLEMS: It is important to separate the rules about flooring between the 2 buildings.  If this assumption is correct -hard surface flooring does not cause noise problems in Redondo, but that it is a problem in Ocean Front.  Please clarify this if it is not a correct assumption.

Although there have been in formal noise complaints from both buildings the only Formal Complaints made to the HOA Board regarding flooring have come from the Ocean Front Walk building.

CLARIFY: Is it only the unit below that can complain? Seems like a neighbor could be affected by the noise beside them, at least in the Ocean Front Building.

Any unit owner can make a complaint to the HOA Board regarding flooring violations, or for that any matter any violations. This was confirmed by the HOA’s attorney. The owner need not be adjacent to the offending unit.  As an example, an owner in one building can file a complaint against an owner in the other building.

REQUIREMENTS: Please make it clear that the board still requires approval for installation of carpet or hard surface flooring. Also, please make it clear that the requirement is 45 on an IIC Field Test.

Yes an ARF is required for installation of flooring which would affect the noise transfer between units.

At the time of writing these FAQs the requirement is that the flooring be carpet in the 2nd and 3rd floor units. To be propose at the February 2021 HOA BOD meeting is a new Rule 3.4 that changes the requirement from consisting of carpeting to a requirement that an IIC Field Test  rating of 45 or better be obtained.

APPROVED PRODUCTS: What products do we know that will meet the requirement? 

At the time of writing this FAQ there is no yet approved product that is been Field Tested.

The Flooring Committee commissioned an acoustic expert to run an analysis on both the Redondo Court and Ocean Front Walk buildings to estimate the noise transfer level that would be expected. Based on that information the acoustic expert also provided several recommended flooring / ceiling assembly combinations that would likely produce an IIC field test result of greater than 45. Those recommendations can be found in the acoustic expert’s report on the website. Please note that all recommended assemblies required both modifications of the flooring on top, and also of the ceiling of the unit below, to meet the requirement.

TIMING: If at this time, we have no data, especially in Ocean Front Walk, for a known product that meets the requirement, as soon as an approved product has been tested, please make that information available, so we have some guidance as to what works/ or doesn’t. 

The intent is to provide such an update when it becomes available.

HOA BOARD ACTION:  Please explain and spell out what the HOA Board action will be for non-compliance and what repercussions can follow if there is no board action.

This part of their fiduciary duties Board members are required to investigate any formal violation submitted to the HOA board. For flooring, the process with respect to flooring violations that the board will follow is outlined in the new Rule 3.4.  This wording of this Rule is available in the Flooring Committee Report on this website and once adopted the new rule 3.4 will appear in the Rules and Regulations section of this website

RECORDS: Please explain how records will be maintained as to when an owner has paid for an IIC Field Test and is it good for as long as they own the floor, does it pass from one owner to the next, etc.  The concern is an owner pays for the test, it passes, a new or different neighbor complains – for how long is the test good for? Over time, are we assuming the test results will be the final determination?  Do the results change from company to company? This needs to be clarified, please.

The IAC field test is done on a floor and ceiling assembly. The test result is valid for as long as that assembly is not changed. As such it is not “related to” who owns the units but rather the construction details.  Since this is a very standardized test and how it is run is specified in great detail the results do not vary from company to company.  See the Flooring Committee Report for more details.  The Owners are responsible for keeping copies of the IIC Field Test reports and passing them along to new owners.  The HOA has no current plans to be a repository of those reports.

Current IIC Field test number: Especially with the Ocean Front Building because it is old and the floors are structurally different and NOISY, what is the current IIC Field test number for carpeted flooring that we presently have? And what is the IIC Field test number for our porcelain tile floors in the kitchens and bathrooms? Do the kitchens and bathrooms not have to comply with the 45 number?

To date there is been no known I IC field test run in either the Ocean Front Walk a Redondo Court buildings. The estimated I IC field test value for carpet based on the analysis work done by the Flooring Committee acoustic expert is over 55.  Note that the kitchens and bathroom areas of our units do not have to comply with the IIC rating of 45 or greater.

COST:  Please give us an estimated cost range for the IIC Field test.

At the time of this writing an individual IIC Field Test would likely run in the order of the thousand dollars.  There is a significant discount when more than one are done at the same time.

INSPECTION: The management, HOA or other needs to be able to inspect what owners have actually installed, to be sure they are in compliance.

At this time the owners of our HOA have not given the Board the authority to enter a unit for the sole purpose of inspecting the flooring.  The only visual clue that an IIC rating of greater than 45 is likely met would be the presence of wall-to-wall carpeting. If hard wood flooring was seen to be present there is no visual means to estimate an IIC rating. As such, for units seen to have hardwood flooring an actual IIC Field Test would have to be conducted. The HOA Board does not intend to conduct IIC Field Tests unless it receives a Formal Complaint by an owner.

STRUCTURAL ENGINEERING: Foam insulation between the floors in the Ocean Front building could help to solve the problem of noise transfer. If anyone does this please share the information and result with the owners.

The acoustic expert consulted by the Flooring Committee stated that installation of insulation between the floors and ceilings of our buildings would reduce noise transfer. That said, the acoustic expert also pointed out that the reduction in the noise transfer level is not enough to bring the floor ceiling assemblies in compliance with an IIC Field Test rating of greater than 45.

CEILING MODIFICATIONS:  Some of the units have put in ceiling lighting fixtures. Can these contribute adversely to the noise transfer between units?  How does the IIC Field Test account for such fixtures?

The acoustic expert consulted by the Flooring Committee stated that installation of ceiling lighting fixtures which produce holes in the ceiling are accounted for during an IIC Field Test.  The test procedures are very specific and detailed so the contribution of ceiling fixtures to the overall noise transfer level can be determined during an IIC Field Test.

GRANDFATHERED STATUS:  The Ocean Front Walk and Redondo Court buildings are very old. Is there a grandfathered status that would allow our HOA to choose not to comply with the building code Standard of an IIC Field Test rating of 45 or greater?

Our buildings must comply with the building codes that were in effect at the time the buildings were built/modified (1970’s).  They do not however have  to meet current codes, to the extent portions of the current code are different, unless our buildings are again rebuilt/modified, i.e. “grandfathered”.