OFFICIAL CC&R'S

Declaration of Covenants, Conditions & Restrictions
Established A Plan For Condominium Ownership
of
Cabrini Villas - Phase I

     THIS DECLARATION is made this 5th day of April 1974 by VILLA PACIFIC PARTNERSHIP, a general partnership ("Declarant"), with reference to the following facts:

     A.   Declarant is the owner of that certain real property located in the City of Los Angeles, County of Los Angeles, State of California, described as follows:

Lots 1, 2 and 3 of Tract No. 27209 in the City of Los Angeles, County of Los Angles, State of California, as per Map recorded in Book 840, Pages 76 through 80, inclusive, of Maps in the Office of the Los Angeles County Recorder (the "Phase I Property").

 B.   Declarant desires and intends to improve the Phase I Property by constructing thereon one hundred and sixty-six (166) condominium units and appurtenances, consisting of Common Area and a Recreation Area, known as "CABRINI VILLAS" -- PHASE I", and to sell and convey such units and appurtenances to various individuals subject to the protective restrictions, conditions, covenants, reservations, easements, liens and charges set forth in this Declaration. Declarant further intends, but is not required, to construct, sell and convey additional condominium units and appurtenances in phases on additional real property annexed hereto pursuant to Article II of this Declaration.

     NOW, THEREFORE, Declaring hereby declares that all of the Property (as that term is hereinafter defined) is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following limitations covenants, conditions, restrictions, easements, reservations, liens and charges, all of which are hereby declared and established and agreed to be in furtherance of a general plan and scheme for the subdivision, development, improvement and sale of condominiums, as defined in Section 783 of the Civil Code of California, in a condominium project, as defined in Section 1350 of the Civil Code of California, and all of which are declared, established and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property and every part and portion thereof. All of said limitations, covenants, conditions, reservations, liens, charges and restrictions are hereby established and imposed upon the property, for the benefit of the property and each and every individual unit and condominium hereinafter described and of each Owner of one or more Condominiums as that term is hereinafter defined, and the owners of an interest of any kind of character in the Property or any portion thereof.

     All of said limitations, covenants, conditions, reservations, easements, liens, charges and restrictions shall run with the land and shall be binding on all parties having of acquiring any right, title or interest in the Property of any part thereof, whether as sole owners, joint owners, leasees, tenants, occupants, or otherwise. Each and all of said limitations, covenants, conditions, restrictions, reservations, liens and charges shall be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the owners of any of the Condominiums or any interest in the Property against any person bound thereby or subject thereto, and shall be enforceable by the Board, as that term is hereinafter defined or its duly appointed representative against any such person.

ARTICLE 1

DEFINITIONS

     Whenever used in this Declaration the following terms shall have the following meanings, unless the context clearly indicates a different meaning:

     Section 1. Articles: The Articles of Incorporation of the Association as the same may be amended, modified or changed from time to time.

     Section 2. Association: "Association" shall mean and refer to the CABRINI VILLA HOMEOWNERS ASSOCIATION, a California nonprofit corporation, its successors and assigns.

     Section 3. Board: The Board of Directors of the Association.

     Section 4. By-Laws: The duly adopted By-Laws of the Association as the same may be amended, changed, or modified from time to time.

    Section 5. Common Area: "Common Area' shall mean and refer to the entire Project excepting the Units and also excepting Lot 3 of said Tract No. 27209.

     Section 6. Condominium: A "Condominium" shall mean a condominium as defined in Section 783 of the Civil Code of California, and shall be an estate in real property consisting of:

          a) A separate fee simple interest in a unit, and
          b) An undivided interest as a tenant in common in the Common Area.

     Section 7. Condominium Plan: "Condominium Plan" shall mean and refer to the plan prepared and executed in respect to the Project as required by Section 1351 of the Civil Code of California. and pursuant to Sections 781 and 1350-1359, inclusive, of the Civil Code of California, recorded or to be recorded in the office of the Los Angeles County Recorder, and any amendments thereto, or revisions thereof.

     Section 8. Declarant: "Declarant" shall mean and refer to VILLA PACIFIC PARTNERSHIP, a general partnership, and its successors and assigns if such successors and assigns should acquire all or any portion of the Property for the purpose of development and are designated by VILLA PACIFIC PARTNERSHIP as the Declarant for the purpose hereof by a duly recorded written instrument executed by each of the general partners of VILLA PACIFIC PARTNERSHIP.

     Section 9. Declaration: This Declaration as the same may be amended, changed or modified from time to time.

     Section 10. Manager: The managing agent, if any, whether individual or corporate, retained by Declarant, or by the Board, on contract, and charged with the maintenance and upkeep of the Project.

     Section 11. Owner: "Owner" shall mean and refer to the record owner or owners, if more than one, (including Declarant) of a Condominium in the Project, excluding those persons or entities having such interest merely as security for the performance of an obligation.

     Section 12. Project: "Project" shall mean and refer to the entire Phase 1 Property including all structures and improvements thereon, which Project shall be commonly known as CABRINI VILLAS - PHASE 1.

     Section 13. Property: "Property" shall mean and refer to the Phase 1 Property, together with such additional property as may hereafter be annexed hereto and become subject to the provisions of this Declaration pursuant to the provisions of Article III hereof and any Supplementary Declaration recorded in accordance therewith.

     Section 14. Recreation Area: "Recreation Area" shall mean and refer to that portion of the project shown and defined as Lot 3 of said Tract No. 27209 which shall be conveyed to and owned by the Association in fee, and which shall be for the use and benefit of all members of the Association, both in Phase I and all other Phases annexed hereto.

     Section 15. Unit: "Unit" shall mean and refer to the elements of a Condominium which are not owned in common with the other owners of other Condominiums in the Project. The boundaries of each Unit shall be as shown and described on the Condominium Plan, and each Unit shall consist of a dwelling area, together with a two-car garage, and patio, all as more fully shown and described on the Condominium Plan. In addition, some of the Units shall contain a balcony and additional patio, as more fully shown and described on the Condominium Plan.

ARTICLE II

DESCRIPTION OF LAND AND IMPROVEMENTS

     Section 1. The following description is intended for information purposes only. In the event of any conflict between this description and the Condominium Plan, said Plan shall be deemed conclusively to control over this description.

     Section 2. The Phase 1 Property consists of all of Lots , 3 and 3 of Tract No. 27209 in the City of Los Angeles, County of Los Angeles, State of California, as per Map recorded in Book 840, Pages 76-80, inclusive, of Maps in the Office of the Los Angeles County Recorder.

     Section 3. The Phase 1 Property has within its boundaries various Units and various Common Areas as shown and described on the Condominium Plan together with the Recreation Area.

     Section 4. Each individual Condominium within the Project, which shall be offered for sale, shall consist of a fee simple interest in and to a particular Unit, together with an undivided 1/166th interest, as a tenant in common in the Common Area, all as more particularly shown and described on the Condominium Plan. The undivided interests in the Common Area shall be conveyed with the Units to purchasers of Units and cannot be changed.

     Section 5. Parking Spaces. The parking spaces located within the Common Area shall be used solely for the parking of vehicles by the owners, their guests and invitees, and by no other person without the express permission of the Board, which reserves the right to re-designate and re-allocate said parking spaces in such manner and at such times as it may deem reasonably necessary for the benefit of all of the Owners of all of the Units.

ARTICLE III

ANNEXATION

     Section 1. Annexation of Additional Property. Additional property may be annexed to and become subject to this Declaration by either of the following methods:

          a)  Upon the written approval of fifty-one percent (51%) of the Class A members of the Association, and fifty-one percent (51%) of the Class B members of the Association, if any, the owner of any real property who desires to annex such real property to the scheme of this Declaration may accomplish such annexation by the recordation of a Supplementary Declaration as provided by Sections 2 and 3 of this Article III.

          b) Notwithstanding the provisions of paragraph (a) of this Section 1, all or any portion of the real property described in Exhibit "A" attached hereto may, from time to time, be annexed to the scheme of this Declaration by Declarant without the consent of the Association of its members at any time prior to the expiration of a period of three (3) years after the date of issuance by the California Department of Real Estate of a Final Subdivision Public Report covering any portion of the Property without the issuance by the California Department of Real Estate of a subsequent Final Subdivision Public report covering some other portion of the Property by the recordation of a Supplementary Declaration as provided for by Sections 2 and 3 of this Article III.

     Section 2. Method of Annexation. The additions authorized pursuant to paragraphs (a) and (b) of Section 1 of this Article III shall be effectuated by the recordation of a Supplementary Declaration of Covenants, Conditions and Restrictions (the "Supplementary Declaration"). The Supplementary Declaration shall be executed by the owners of the real property sought to be annexed to the scheme of the Declaration by the recordation thereof, and, in the event annexation is accomplished pursuant to paragraph (a) of Section 1 or this Article III, shall have attached thereto the written consents of the members of the Association as required by said paragraph (a).

     Section 3. Contents of Supplementary Declaration. The Supplementary Declaration shall describe the real property to be annexed to the scheme of this Declaration and shall state that it is being made pursuant to the terms of the Declaration for the purpose of annexing the property described in the Supplementary Declaration. The Supplementary Declaration may contain such complementary additions and modifications to this Declaration as may be necessary to reflect the different character, if any, of the real property being annexed and as are not inconsistent with the general scheme of this Declaration. In this connection, portions of the real property annexed hereto in accordance with this Article II may contain recreation areas to be conveyed in fee to the Association and owned by the Association for the use and benefit of each and every member of the Association. Any Supplementary Declaration recorded in accordance with the terms hereof shall be conclusive in favor of all persons who rely thereon in good faith. From and after recordation of any Supplementary Declaration recorded in accordance with the provisions of this Declaration, and the jurisdiction of the Association pursuant to the terms of this Declaration, the By-Laws, the Articles and the Supplementary Declarations.

     Section 4. Effect of Annexation. Each time property is annexed to this Declaration a separate Condominium Plan will be prepared, executed and recorded prior to or concurrently with the recordation of the Supplementary Declaration effectuating such annexation, which Condominium Plan will cover only the property then being annexed hereto (The "Annexed Property"). Condominiums located within the Annexed Property shall consist of fee title to a Unit contained within the Annexed Property, together with an undivided interest in the Common Area contained within the Annexed Property, all as more particularly shown and described on the Condominium Plan prepared, executed and recorded in connection with the Annexed Property. The individual interest in the Common Area contained within the Annexed Property constituting a portion of each Condominium within the Annexed Property shall be a fraction having one as its numerator and a denominator equal to the number of units shown on the Condominium Plan, prepared, executed and recorded in connection with the Annexed Property. All Owners of Condominiums within the Property, whether within Phase I Property or Property annexed hereto shall be members of the Association, their class of membership being determined in accordance with the provisions of Article IV hereof. The Common Area within the Annexed Property shall be owned in undivided interests solely by the Owners of the Condominiums within the Annexed Property and access to and use of such Common Area shall be limited to Owners of Condominiums within the Annexed Property, the members of their families, their servants, guests, tenants and invitees. The Owners of Condominiums within the Annexed Property, the members of their families, their servants, guests, tenants and invitees. The Owners of Condominiums within the Annexed Property shall not have any interest in, or the right of access to or use of, any other portion of the Property, whether theretofore or thereafter annexed hereto except for the Recreation Area and such other portions of the Property as are conveyed to the Association for the use and benefit of all of the members thereof. Notwithstanding anything contained in this Declaration expressly or impliedly to the contrary, the obligations of all Owners of Condominiums within the Annexed Property, including Declarant, to pay assessments to the Associations, whether monthly, special or emergency, shall commence upon the first day of the month immediately following the recordation of a deed evidencing the initial sale of a Condominium within the Annexed Property to a third party purchaser. The Owners of Condominiums, including Declarant, shall have no obligation to pay any portion of any special, and/or emergency assessments levied prior to the date of recordation of a deed evidencing the initial sale of a Condominium within the Annexed Property to a third party purchaser. Notwithstanding the provisions of this Declaration, the By-Laws or the Articles to the contrary, the Declarant shall be obligated to maintain any Recreation Area which is located within the annexed Property and the Common Area which is located within the Annexed Property until the first day of the month immediately following the recordation of a deed evidencing the initial sale of a Condominium within the Annexed Property to a third party purchaser. Thereafter the maintenance of such areas shall be the obligation of the Association. 

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The CC&R's on these pages have been reproduced for the purposes of this website and are informational only. We do not warranty against any errors...only original copies issued by CVHOA would be the final basis of all governance and authority.