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ARTICLE VII USE RESTRICTIONS In addition to all other covenants contained herein, the use of the Project and each Unit therein and the Common Area and the Recreation Area is subject to the following: Section 1. Business Usage Prohibited. None of the Units shall be used except for private single family residential purposes, except that the garage constituting a part of each Unit, as shown and described on the Condominium Plan, shall be used solely for the parking of cars, boats or similar items or for enclosed storage of family effects, but in no event shall be converted to any type of residential or living quarters. No part of the Project or Condominiums therein shall ever be used or caused to be used, or allowed or authorized in any way, directly or indirectly, to be used for any business, commercial, manufacturing, mercantile, vending, or other such non-residential purposes, except Declarant, its successors and assigns, may use the Condominiums owned by it as models and display and sale offices during the construction period and so long as Declarant owns a Condominium in the Project. Section 2. Signs. Except for the signs approved by the Board for the benefit of the entire Project, no signs, decoration, painting, or advertisement of any kind shall be displayed in the public view on or about the exterior of any Unit, or the interior of any window of any Unit, except signs that are not larger than is reasonable and customary in the area advertising said Unit for sale or lease, which signs may be placed only in such areas as are approved by the Architectural Committee. The foregoing is not applicable to signs used by the Declarant or its agents in connection with the original construction and sale of the Condominiums. Section 3. Maintenance of Unit. Each Condominium Owner shall have the exclusive right at his sole cost and expense to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit and the surfaces of bearing walls and partitions within his Unit, and to, at his sole cost and expense, substitute new finished interior surfaces in place of those existing on said walls, floors, partitions or ceilings. Each Unit Owner shall maintain his Unit in a clean, sanitary and attractive condition and shall also be responsible for the maintenance, repair or replacement of the interior surfaces of the fences, windows and doors (whether glass, screen or otherwise) enclosing his Unit, of all appliances and equipment, including but not limited to, refrigerators, dishwashers, disposals, lighting fixtures, heating equipment, water heaters, ranges or fireplaces located within or connected with his unit, and of the air conditioning equipment and elements located on the roof of his Unit. If an Owner fails to so maintain his Unit or make repairs thereto in such manner as may be deemed necessary in the judgment of the Board to preserve and protect the attractive appearance and value of the project, the Board shall give written notice to such Owner, stating with particularity the work of maintenance or repair which the Board finds to be required, and requesting that the same be carried out within a period of five (5) days from the giving of such notice. If such Owner fails to carry out such maintenance or repair within the period specified by the notice, the Board shall cause such work to be done and shall assess the cost thereof to such Owner, such assessment to be due and payable within thirty (30) days after the Board gives written notice thereof. Section 4. Owner Structural Changes. No Owner shall make or cause to be made structural alteration or modifications to the interior of his Unit or installations located therein without the prior written consent of the Architectural Committee provided for by this Declaration (the "Architectural Committee"). Section 5. Association Maintenance, Improvement and Decoration Authority. The Board, or its duly appointed agent, including the Manager, if any, shall have the exclusive right to paint, decorate, repair, maintain and alter or modify the exterior walls, balconies, railings, exterior door surfaces, roof, and all installations and improvements in the Common Area and the Recreation Area, together with the exclusive right to construct, erect or place improvements of any type (including landscaping) upon the Common Area and the Recreation Area, and no Owner of a Condominium shall be permitted to do, or have done, any such work. The prior written approval of the Architectural Committee shall be required for the installation of any awnings, sunshades or screen doors, and shall also be required in connection with the construction, erection or placement of any such improvements (including landscaping) upon the Common Area or the Recreation Area. The restrictions set forth in this paragraph shall not apply to the initial construction of buildings and improvements by Declarant. Section 6. Storage. There shall be no storage of any item in or upon a Unit except in an enclosed area not visible from adjoining streets, the Common Area, the Recreation Area or other Units. Garage doors shall not be opened except for the movement of vehicles and goods. No items of any kind may be stored by Condominium Owners in the Common Area, except in areas specifically designed for such purpose by the Board or the Manager, if any, of equipment for use solely in connection with the Common Area. Section 7. Pets. Common household pets may be kept within any Unit, provided they are not kept, bred or raised for commercial purposes, or in unreasonable quantities. Common household pets shall consist of dogs, cats, tropical fish, caged birds and such other animals are expressly allowed by the Board pursuant to adopted rules and regulations. The Board shall have the sole and exclusive right to adopt rules and regulations regulating and determining what constitutes unreasonable quantities. Notwithstanding the provisions of this Section 7, the Board at all times have the right to prohibit maintenance of any animal which constitutes, in the sole and exclusive opinion of the Board, a nuisance to any other Owner. No animal or pet shall be allowed on the Common Area or the Recreation Area except as may be permitted by the rules and regulations adopted by the Board. Each person bringing or keeping a pet or animal of any kind upon the Project shall be absolutely liable to each and all Owners, their families, servants, guests, tenants and invitees for any damage to person or property caused thereby. Except as provided by the Section 7, no animals, birds, livestock, poultry or pets of any kind shall be brought within the Project or kept in or on any Unit. Section 8. Offensive Activities. No Owner shall permit or suffer anything to be done or kept upon or in his Unit, the Common Area or the Recreation Area which will increase the rate of insurance thereon or result in the cancellation of any such insurance or cause the Project or any part thereof to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California Standard Fire Policy Form or loss on account of bodily injury or property damage or which will obstruct or interfere with the rights of other Owners, their families guests, tenants, servants and invitees, nor annoy them by unreasonable noises or otherwise, nor which shall in any way interfere with the quiet enjoyment by each Owner of his respective Condominium, nor will he commit or permit any nuisance, noxious or offensive activity, or any immoral or illegal act to be committed thereon or therein. Each Owner shall comply with all of the requirements of the local and State Board of Health and with all other governmental authorities with respect to the occupancy and use of his Condominium. Section 9. Owner Liability. Each Owner shall be liable to the Association for any damage to the Common Area or the Recreation Area or any improvements, landscaping or equipment thereon including, but no limited to, garage doors, fences and front gates, which may be sustained by reason of the negligence or willful misconduct of said Owner, his family, guests, tenants, servants or invitees, and shall be assessed by the Board for the cost of repair or replacement thereof, together with costs and attorney's fees, such assessment to be due and payable within thirty (30) days after written notice thereof by the Board. The provisions of Article VI hereof relative to the creation of a lien for assessments and the enforcement of payment of assessments shall apply to all assessments levied pursuant to this Declaration including, without limitations, assessments levied pursuant to Sections 3 and 9 of this Article VII and assessments levied pursuant to Article XIV hereof. Section 10. Exploration of Minerals. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in the Property or any portion thereof, nor shall oil wells, tanks, tunnels, or mineral excavations or shafts be permitted upon the surface of any portion of the Property or within five hundred (500) feet below the surface of the Property, and no derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon any portion of the property. Section 11. Rubbish. All rubbish, trash and garbage shall be regularly removed from the Units by the Owners thereof and placed in proper receptacles at the collection site for the refuse pick-up service arranged by the Association pursuant to Section 3 (a) of Article X hereof, and shall not be allowed to accumulate thereon, on the Common Area or the Recreation Area. All such receptacles shall be removed from any publicly exposed collection site within 24 hours from the time of such pick-up. Section 12. Improvements. Nothing shall be done in any Unit or in, on or to the Common Area or the Recreation Area which will impair the structural integrity of any building or which would structurally change any building within the Property without the prior written consent of the Architectural Committee. Nothing shall be altered or constructed in, or removed from the Common Area or the Recreation Area, except upon proper written consent of the Architectural Committee. All equipment, trash cans, wood piles, storage piles, clothesline, machinery and equipment shall be kept screened and concealed from the view of neighboring Units, streets, the Common Area and the Recreation Area by an appropriate screen or fence approved in writing by the Architectural Committee or part of the initial construction of the project. Except within enclosed patios, no fences, hedges, or walls shall be erected or maintained upon said Units, the Common Area or the Recreation Area, except such as are installed in accordance with Declarant's landscaping plans, or as approved in writing by the Architectural Committee. No exterior clotheslines shall be erected or maintained and there shall be no outside drying or laundering of clothes. Section 13. Equipment. No power equipment, other than normal household appliances, hobby shops, or carpenter shops shall be maintained on the Project, except with the prior approval of the Board. No automobile overhaul or maintenance work shall be permitted in the Project. Section 14. Common Area. The Common Area, except the buildings containing the Units, shall be improved and used only for the following purposes, such use to be subject to this Declaration, the By-Laws and the rules and regulations duly adopted by the Board:
Section 15. Taxes. Each Owner shall pay any real and personal property taxes separately assessed against his respective Unit, and all utility charges separately metered or charged against his Unit and such payments shall be made by each such Owner in addition to and separately from assessments otherwise payable by each such Owner to the Association. Section 16. Television Antennae, Aerials and Protrusions. Except as installed by Declarant, no television, radio or other signal device antenna or antennae, and no rotors, flags, banners, buntings, poles, wires, machines, equipment, or similar objects of unsightly objects of any kind shall be allowed on the exterior or roof of the buildings within the Property, or any part thereof, no shall any such objects be allowed to protrude through the roof or the walls or any building in the Property. Private radio transmission within the Project is expressly prohibited. Notwithstanding the provisions of this Section 16, Declarant may give individual Owners written permission to install temporary antennae for temporary use, subject to the obligation of the Owners to remove such antennae when a community television system, whether by cable or master antenna, becomes available to the Property. Section 17. Lease of Unit. The Owners of the Condominiums shall have the absolute right to lease their Condominiums, provided said lease is made subject to the provisions of this Declaration, the Articles, the By-Laws and the Rules and Regulations adopted by the Association from time to time.
ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Appointment of Architectural Committee. the Declarant shall initially appoint an Architectural Committee consisting of not less than three (3) members, who shall remain in office until (a) three (3) years from the date of recordation of this Declaration; or (b) the recordation of deeds evidencing the conveyance by Declarant of ninety percent (90%) of the Condominiums in the Project, whichever shall first occur; provided, however, that upon each annexation of property to this Declaration in accordance with the provisions of Article III hereof, the Declarant's right to appoint and remove members of the Architectural Committee shall be reinstated subject to termination upon (a) the expiration of 3 years from the date of such annexation, or (b) the recordation of deeds evidencing the conveyance of 90% of the Condominiums, whichever first occurs. From and after such time or event, as the case may be, the Architectural Committee shall be composed of the Board of Directors of the Association or of three (3) or more representatives appointed by the Board. Members of the Architectural Committee need not be members of the Association nor need they meet any other particular qualifications. In the event of the death or resignation of any member of the Architectural Committee prior to the time when the Board is vested with architectural authority as provided in this Article, the Declarant shall have the right to appoint such member's successor. Any action taken by the Architectural Committee shall require the written approval of a majority of its members. The Board shall have the right to remove members of the Architectural Committee only at such time as the right to appoint members of the Architectural Committee is vested in the Board. Section 2. Mechanics of Operation. The Architectural Committee shall have the right and duty to promulgate reasonable standards against which to examine any request made pursuant to this Declaration in order to ensure that the proposed plans conform harmoniously to exterior design and existing materials. The Architectural Committee may designate and appoint a representative who is a licensed architect and a majority of the members of said Architectural Committee may, from time to time, remove or replace such representative. The designated representative of the Architectural Committee may be, but need not be, a member of the Architectural Committee. Such representative, if so appointed, must be consulted prior to disapproval of any plans by the Architectural Committee, but the decision of the Architectural Committee with respect to the approval or disapproval thereof shall be final. Excepting the interiors of Units, no replacement, addition or alteration of a building, structure, fence, drainage facility, Common Area or Recreation Area landscaping or planting shall be effected other than by Declarant until the plans, specifications and plot plan showing the location and nature of such replacement, addition, alteration or removal has been submitted to and approved in writing by the Architectural Committee; nor shall any exterior painting or decorative alteration plans therefore, including the proposed color scheme, design thereof and the quality of materials to be used. All such plans, specifications and plot plans shall be prepared by an architect, engineer or landscape designer or landscape architect, said person to be employed by the entity making application at its sole expense. Plans and resubmittals thereof shall be approved or disapproved within sixty (60) days and shall be deemed approved if not disapproved in writing within sixty (60) days after submission thereof to the Architectural Committee. The approval of the plans, specifications and plot plans shall be prepared by an architect, engineer or landscape designer or landscape architect, said person to be employed by the entity making application at its sole expense. Plans and resubmittals thereof shall be approved or disapproved within sixty (60) days and shall be deemed approved if no disapproved in writing within sixty (60) days after submission thereof to the Architectural Committee. The approval of the plans, specifications and plot plan may be withheld not only because of non-compliance with any of the specific conditions, covenants and restrictions contained in this Declaration, but also by reason of the reasonable dissatisfaction of the Architectural Committee with the location of the structure, the elevation, the color scheme, finish, design, proportions, architecture, shape, height, style and appropriateness of the proposed structures or alternated structures, the materials used therein, the kind, pitch or type of roof proposed to be placed thereon, the planting, landscaping, size, height or location of trees, or because of its reasonable dissatisfaction with any or all other matters or things which, in the reasonable judgment of the Architectural Committee, will render the proposed improvement inharmonious or out of keeping with the general plan of improvement of the Property or with the improvements erected on other Units. If, after such plans and specifications have been approved, the improvements are altered, erected, or maintained otherwise than as approved by the Architectural Committee, such alteration, erection and maintenance shall, in favor of purchasers and encumbrancers, in good faith and for value, be deemed to comply with all of the provisions hereof unless a notice of such non-compliance or non-completion, executed by one member of the Architectural Committee, shall appear of record in the office of the County Recorder of Los Angeles County, California, or legal proceedings shall have been instituted to enforce compliance with these provisions. No member of the Architectural Committee shall be liable to any person for his decisions or failure to act in making decisions as a member of said Committee. The members of the Architectural Committee shall receive no compensation for their services performed pursuant to this Declaration. Upon approval of the Architectural Committee, it shall be conclusively presumed that the location and height of any building, structure or improvement does not violate the provisions of this Declaration. Notwithstanding anything contained in this Declaration to the contrary, the provisions of this Article shall apply to the patio element of each Unit. Back To Top Continued on next page Home
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