TO
HOMEPAGE
RESTATED DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF TAHOE MEADOWS
EL DORADO COUNTY, CALIFORNIA
TITLE
ARTICLE
1. DEFINITIONS
2. INCIDENTS OF OWNERSHIP; MAINTENANCE OBLIGATIONS
Section 1. Incidents of Lot Ownership
Section 2. Owner's Obligation to Maintain the Lot
Section 3. Delegation of Use
Section 4. Responsibility for Common Area Damage
Section 5. Rights and Duties Regarding Utilities
Section 6. Association's Duties Regarding Utilities
Section 1. Use of Individual Lots
Section 2. Nuisances
Section 3. Parking
Section 4. Signs
Section 5. Animals
Section 6. Garbage and Refuse Disposal
Section 7. Right to Lease
Section 8. Drainage
Section 9. Car Maintenance
Section 10. Architectural Approval
Section 11. Location of Buildings, Tents and Temporary Structures
Section 12. Compliance with Property Documents
Section 13. Delegation of Powers
Section 14. Building Site
Section 15. Minimum Areas and Dimensions in Case of Disposal
4. THE ASSOCIATION MEMBERSHIP AND VOTING
Section 1. Association
Section 2. Management of Property
Section 3. Membership
Section 4. Transferred Membership
Section 5. Voting
Section 6. Eligibility to Vote
Section 7. Voting Requirements
Section 8. Privileges
Section 9. Record Date
Section 10. Membership Meetings
Section 11. Board of Directors
Section 12. Membership Certificates
5. ASSOCIATION POWERS, RIGHTS, DUTIES, LIMITATIONS
Section 1. Generally
Section 2. Enumerated Rights and Powers
Section 3. Enumerated Duties
Section 4. Limitation
6. ASSESSMENTS
Section 1. Agreement to Pay
Section 2. Purpose of Assessments
Section 3. Regular Assessments
Section 4. Special Assessments
Section 5. Individual Charges
Section 6. Delinquent Assessments; Charges
Section 7. Creation of the Assessment Lien, Personal Obligation
for
Assessments, Individual Charges
7. ENFORCEMENT OF RESTRICTIONS
Section 1. General
Section 2. Specific Enforcement Rights
8. INSURANCE, DESTRUCTION, CONDEMNATION
Section 1. Insurance
Section 2. Destruction
Section 3. Condemnation
Section 1. Annexation
Section 2. Notices
Section 3. Notice of Transfer
Section 4. Headings
Section 5. Severability
Section 6. Exhibits
Section 7. Easements Reserved and Granted
Section 8. Binding Effect
Section 9. Conflict of Property Documents
Section 10. Delivery of Property Documents to Transferee
Section 11. Termination of Restated Declaration
10. AMENDMENT
Section 1. Amendment
Section 2. Specific Provisions
Section 3. Amendment Instrument
EXHIBIT A.
Description of Real Property
RESTATED DECLARATION OF
COVENANTS,
CONDITIONS, AND
RESTRICTIONS OF TAHOE MEADOWS
Lot Owners, whose This Restated Declaration, made on December 7, 1996 by the Lot Owners, whose signatures are affixed hereto, Is made with reference to the following facts:
A. On October 14,1944 the Owners of all Lots within the following described real property caused to be recorded in the Official Records of El Dorado County, State of California, In Book 207, at pages 57 et seq. that certain document entitled "TAHOE MEADOWS PROTECTIVE COVENANT DECLARATION NO. 1 OF ESTABLISHMENT of General Basic and Local Protective Restrictions, Conditions, Covenants, Reservations, Liens and Charges Affecting the Property Known as TAHOE MEADOWS which is situated in the County of El Dorado 'in the State of California," (hereinafter referred to as the "Declaration"), affects all of that real property described in Exhibit A, attached hereto and incorporated herein by this reference.
B. Paragraph 19 of said Declaration provides that it shall continue and remain in full force and effect at all times, and shall be continued automatically with such changes and modifications as the Lot Owners desire and approve unless terminated by action of the Lot Owners eligible to vote.
C. Paragraph 20 of said
Declaration
provides that It may be amended by an instrument
signed by not less than seventy percent (70%) of
the Lot Owners.
WHEREAS, the object of the Owners of land in said Tahoe Meadows, in subjecting themselves and their land to this mutual agreement, is to maintain the beautiful rustic character of woods, meadows and lake shore, to Insure that it shall not be spoiled by overcrowding of the Lots, or by fire, unsanitary conditions, or other damage, and
WHEREAS, the Lot Owners of Tahoe Meadows do not intend that said Declaration terminate, but rather that it continue in full force and effect as amended herein, and
WHEREAS, seventy percent (70%) or more of the Owners desire to amend and restate said Declaration in Its entirety as hereinafter provided, and said Owners expressly desire and intend that the original provisions of said Declaration be amended in their entirety.
NOW THEREFORE, it is hereby declared that the
Property
(as "Property " is hereinafter defined and used) shall be held, sold,
conveyed,
leased, rented, encumbered and used subject to the following Restated
Declaration
as to division. easements, rights, Assessments, liens, charges,
covenants,
servitudes, restrictions, limitations, conditions and uses to which the
said Property herein, described may be put, hereby specifying that such
Restated Declaration shall operate for the mutual benefit of all Owners
of the Property and shall constitute equitable servitudes and covenants
to run with the land and shall be binding on and for the benefit of the
Association, Its successors and assigns, and all subsequent Owners of
all
or any part of the Property, together with their grantees, successors,
heirs, executors, administrators, devisees, assigns and lessees, for
the
benefit of the Property thereof, and shall, further, be imposed upon
all
of the Properties as equitable servitudes' in favor of each and every
other
Lot and Owner thereof as' the dominant tenement.
ARTICLE 1
In addition to other definitions provided for herein, the following terms shall have the following meanings.
Section 1. "Articles" shall mean the Articles of Incorporation of Tahoe Meadows as amended from time to time.
Section 2. "Assessments" shall mean the Regular and Special Assessments levied against each Lot and its Owner as provided in Article 6.
Section 3. "Assessment Lien" shall mean the lien which Is or may be recorded against a Lot by the Association as a mean? of securing the obligation to pay Assessments, Individual Charges, or other fees or charges imposed by the Association pursuant to the Property Documents.
Section 4. "Association" shall mean Tahoe Meadows, a California nonprofit mutual benefit corporation, the Members of which shall be the Owners.
Section 5. "Board' shall mean the board of Directors of Tahoe Meadows.
Section 6. "Budget' shall mean the annual projection of the Association's financial income and expenditures as set forth in the Bylaws.
Section 7. "Building and Design Standards" shall mean those certain rules and regulations as adopted from time to time by the Board regarding the placement, construction and maintenance of any improvement within the Property.
Section 8. "Building Site"
shall
mean a parcel of land within the
Property meeting the minimum size requirements or
otherwise approved by the Association for the placement of improvements
as set forth In Article 3, Section 15 herein.
Section 9. "Bylaws' shall mean the Bylaws of Tahoe Meadows as amended from time to time.
Section 10. "Common Area" shall mean the real property and all improvements and facilities located thereon as described in Exhibit A.
The Common Areas shall be owned, managed and maintained by Tahoe Meadows for the use and benefit of the members.
Section 11. "Individual Charges" shall mean those charges levied against an Owner by the Association as provided in Article 6, Section 5.
Section 12. "Lot" shall mean one of the residential lots recorded on the subdivision map of the Property as described in Exhibit A.
Section 13. "Member" shall mean a person entitled to membership in the Association as provided herein. Each Owner or Co-Owner shall be a Member,
Section 14. "Owner" shall mean each person or entity holding a record fee ownership interest in a Lot, including contract sellers in land sale contracts, but shall not mean persons or entities who acquire and hold an interest in a Lot merely as security for the performance of an obligation or who acquire and hold conservation easements on any Lot. The persons and entities who may be an "Owner" shall be limited to natural persons, natural persons acting as trustees of a revocable or irrevocable trusts established by individuals as part of their estate plans, and the following entities established for the purpose of holding one or more Lots for generally accepted estate planning and estate or trust administration purposes: Family Limited Partnerships (FLPs) or Family Limited Liability Companies (FLLCs) established by individuals as part of their estate plans. No business, commercial, partnership or corporate entities (other than the Association and those estate planning entities specifically authorized by this section), nor any non-profit charitable organizations or foundations, nor any government agencies, political subdivisions, districts or municipalities shall be an "Owner".
Section 15. "Properties or Property" shall mean and refer to all real property which 1s subjected to the Declaration and the Covenant and Bylaws as amended from time to time and refer to all of the real property located in El Dorado County, California and more particularly shown and described In Exhibit A. This Property is a "planned development" as defined in California Civil Code Section 1351 (k)
Section 16. "Property Documents" shall mean the Articles, Bylaws, Restated Declaration, Rules and Regulations, Building and Design Standards and Budget, all as amended from time to time, of the Association.
Section 17. "Restated Declaration" shall mean this instrument as amended from time to time.
Section 18. "Rules and
Regulations"
shall mean the rules and regulations promulgated by the Association to
govern the possession, use and enjoyment of al' the Property herein
described
as amended from time to time.
ARTICLE 2
Section 1. Incidents of Lot Ownership, Inseparability
Every Lot shall have appurtenant to it the following interests:
(ii) a non-exclusive easement for ingress and egress over the Common Area subject to any exclusive easements as set forth herein or in the deed to any Lot, all easements of record, such covenants, conditions, restrictions and limitations as are contained in the Property documents and subject to other reasonable regulation by the Association. Such Interests shall be appurtenant to and Inseparable from ownership of the Lot. Any attempted sale, conveyance, hypothecation, encumbrance or other transfer of these Interests without the Lot shall be null and void. Any sale, conveyance, hypothecation, encumbrance or other transfer of a Lot shall automatically transfer these Interests to the same extent.
Each Owner shall maintain all portions of his Lot keeping the same In a safe, -sanitary and attractive condition. Each Owner shall be responsible for maintenance and repair of his Lot Improvements and Items serving his Lot In good condition and In accordance with reasonable rules and regulations adopted by the Board of Directors.
In the event an Owner falls to maintain his Lot or repair or replace structures as provided herein In a manner which the Board reasonably deems necessary to preserve the safety, appearance and value of the property, the Board may notify the Owner of the maintenance required and request that it be done within a reasonable and specified period. In the event that the Owner fails to carry out such maintenance within said period, the Board shall have the right to enter upon the Lot to cause such maintenance to be done, and, pursuant to Article 6, Section 5, individually charge the cost thereof to such Owner. Notwithstanding the foregoing, the Association shall have no right to interfere with an Owner's right of Ingress to or egress from his Lot.
Section 3. Delegation of Use
Any Owner may delegate his rights of use and enjoyment in the Property to the members of his family, his guests, and invitees, and to such other persons as may be permitted by the Property Documents, subject however, to all restrictions, rules and regulations In the Property Documents regarding such use and enjoyment. However, If an Owner of a Lot has sold his Lot to a contract purchaser, or leased or rented It, the Owner, members of his family, his guests and invitees shall not be entitled to use and enjoy the Property while the Owner's Lot Is occupied by such contract purchaser, lessee or tenant. Instead, the contract purchaser, lessee or tenant, while occupying such Lot, shall be entitled to use and enjoy the Property and may delegate the rights of use and enjoyment in the same manner as If such contract purchaser, lessee or tenant were an Owner during the period of his occupancy, including being expressly subject to all penalties and sanctions which may be Imposed by the Association against a Lot Owner for failure to abide by the Property Documents.
Notwithstanding the foregoing, and In addition thereto, an Owner of a Lot shall remain personally liable for any breach of the Association Documents, including all Rules and Regulations, by his contract purchaser, lessee or tenant.
Section 4. Responsibility for Common Area Damage
The cost and expense of repair or replacement of any portion of the Common Area resulting from the willful or negligent act of an Owner, his lessees, tenants, family, guests or Invitees shall be, In addition to the party at fault, the responsibility of such Owner. The Association shall cause such repairs and replacements to be made and, subject to the notice and hearing requirements of Article 7, Section 2 (A) (II), Individually Charge the cost thereof to such Owner.
Section 5. Rights and Duties Regarding Utilities
Whenever sanitary sewer, water, electric, gas, television receiving, telephone lines' or other utility connections are located or Installed within the Property, the Owner of each Lot served by said connections shall be entitled to the use and enjoyment of such portions of said connections as service his Lot. Every Owner shall pay all utility charges which are separately metered or billed to his Lot. Utility companies shall have the right, at reasonable times after reasonable notice to enter upon the Lots and Common Area to discharge any duty to maintain the Property utilities.
Whenever sanitary sewer, water, electric, gas, television receiving, telephone lines or other utility connections, are located within the Property, the Owner of a Lot served by said connections shall have the right, and is hereby granted an easement to the full extent necessary therefore, to at reasonable times after reasonable notice enter upon the Lots or Common Area or to have his agents or utility companies enter upon the Lots or Common Area to maintain said connections as and when necessary. In the event of a dispute between Owners with respect to the maintenance, repair or rebuilding of said connections, or with respect to the sharing of the cost thereof, then the matter shall be submitted to the Board for arbitration, In its absolute discretion, and Its decision shall be final.
Section 6. Association's Duties Regarding Utilities
The Association shall maintain all utility
installations,
if any, which serve the Common Area except for those installations
specifically
arranged to be maintained by an Owner or utility companies, public or
private.
(THIS SPACE INTENTIONALLY LEFT
BLANK)
ARTICLE 3
In addition to all of the covenants contained herein, the use or the Property and each Lot therein shall be subject to the following use restrictions:
Section 1. Use of Individual Lots
No Lot shall be occupied and used except for "single-family" residential purposes by the Owners, their contract purchasers, lessees, tenants, or guests, and no trade or business shall be conducted therein.
A "single-family dwelling" Is a dwelling for one family alone, having but one kitchen.
Section 2. Nuisances
Without limiting any of the foregoing, no Owner shall permit noise, Including but not limited to, the barking of dogs, and the excessive playing of music systems, to emanate from Owner's Lot, which would unreasonably disturb other members' quiet enjoyment of their Lots or of the Common Area.
(b) The Board In Its absolute discretion shall have the right to determine whether specific acts or conduct brought to its attention result In an unreasonable interference, annoyance or nuisance to the use and enjoyment of the Property by other Members, or an unreasonable interference with the ability of the Association to control and manage the Property and/or enforce the provisions of the Property Documents.
Unless otherwise permitted by the Board, no motor vehicles nor boats shall be parked or left on any portion of the Property other than within a Lot or designated Common Area parking places. The Board shall have the exclusive authority to adopt rules and regulations designating and governing the use of Common Area parking spaces. In addition, the Board or its representative has the exclusive authority to assign such parking spaces to individual Lot Owners.
No Owner shall have the right to use any parking space other than that assigned the Owners by the Board.
No truck larger than one (1) ton, nor house trailer, camping trailer, nor motorhome, nor motorcycle, nor camper shell (other than attached to a pickup truck regularly used by an Owner), nor unlicensed vehicle, Inoperable vehicle, inoperable boat. nor vehicle designed and intended for operation as off the road equipment, shall be permitted on the property without the prior written permission of the Board. Motorhomes and motorcycles used as the principal means of transportation by a member will be excepted.
Section 4. Signs
No sign of any kind shall be displayed to the public view from any Lot or from the Common Area without the approval of the Board except (1) one sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent or exchange displayed from the Lot, and (II) such other signs or notices as are required by law, as are otherwise necessary to perfect a right provided for In law or as are required to be permitted by law. Notwithstanding the foregoing, the Board shall have the right to approve In advance the location of any sign upon a Lot.
Section 5. Animals
No animals of any kind shall be raised, bred, or kept on any portion of the Property; except that no more than two (2) usual and ordinary household pets such as dogs, cats, or birds, may be kept on a Lot, provided that they are not kept, bred or maintained for any commercial purposes, and provided that they are kept under reasonable control at all times. The Board may enact reasonable rules respecting the keeping of animals within the Property and may designate certain areas in which animals may not be taken or kept. -
Section 6. Garbage and Refuse Disposal
All rubbish, trash, garbage and other waste shall be regularly removed from the Property, and shall not be allowed to accumulate thereon. Rubbish, trash, garbage and other waste shall be kept in sanitary containers. All equipment, garbage cans, woodpiles, storage piles or trash piles shall be kept screened and concealed from view of other Lots, and the Common Area, except for the scheduled day for trash collection..
No portion of any Lot shall be used for the storage of building materials or other materials except storage for a limited duration in connection with construction which has received the prior written approval of the Board. (A reasonable amount of wood for fuel/heating purposes may be stored.)
Section 7. Right to Lease
Nothing In this Restated Declaration shall prevent an Owner from leasing or renting his Lot. However, any lease or rental agreement shall be expressly subject to the Property Documents Including any rules and regulations adopted from time to time by the Board, and any failure by the lessee or tenant to abide by the . Property Documents shall be a default under the lease or rental agreement. Every power of enforcement that the Association may, pursuant to the Property Documents, assert against an Owner shall be available against any lessee, sublessee, tenant or sub-tenant.
Section 8. Drainage
No Owner, lessee, or tenant shall do any act or construct any improvement which would Interfere with the natural or established drainage systems or patterns within the Property without the prior written approval of the Board.
Section 9. Car Maintenance
No work shops, or car maintenance of any nature, other than emergency repairs, shall be permitted on the Property.
Section 10. Architectural Approval
No building, fence, wall, structure, pavement or other Improvement shall be commenced, erected or maintained on the Property nor shall any exterior addition to or alteration of any Improvement be made, until the plans and specifications showing the nature, kind, shape, materials, color and location of the same have been submitted to and approved in writing as to quality of materials, harmony of external design and location in relation to surrounding structures and topography by the Board. The architectural approval or disapproval shall be governed by the Building and Design Standards of Tahoe Meadows. In the event the Board fails to approve or disapprove such materials, design and location within seventy-five (75) days after said plans and specifications have been submitted to it, approval shall not be required, and this Section 10 shall be deemed to have been complied with in full. Approval or disapproval by the Association of any plan or specifications submitted to It for approval shall not cause the Committee, the Board, the Association, or Its Members to be liable in anyway to any person.
Section 11. Location of Buildings, Tents and Temporary Structures
No buildings shall be placed or maintained within ten (10) feet of the side lines of any building site nor within the setback requirements of any governmental agency. Tents or other temporary structures partially or wholly closed In or covered by canvas may in general be located within the lines of any building site subject to the .ten ( 10) foot set back, but, as far as practicable, they shall be kept back within tree areas and made as inconspicuous as possible. Temporary structures shall not be placed or maintained on a single building site in addition to the single-family dwelling permitted on said building site, unless with the prior written approval of the Board. The word "maintained" as used in this Section 1 I shall not apply to buildings and structures existing at the date of recording of this ratified declaration.
Section 12. Compliance with Property Documents
Each Owner, contract purchaser, lessee, tenant, guest, Invitee, or other occupant of a Lot or user of the Common Area shall comply with the provisions of the Property Documents, and failure to comply shall, subject to the notice and hearing requirements of Article 7, Section 2 (A) (i1), be the basis for disciplinary action imposed by the Board pursuant to Article 7.
Section 13. Delegation of Powers
The Board may, subject to the limitations of Corporations Code Section 7212, as amended from time to time, delegate its powers set forth herein or elsewhere in the Property Documents to any committee (s) appointed by the Board.
Section 14. Building Site
A building site shall be defined as:
(2) Any Lot or parcel of any re-subdivision-of any portion of the Property, which re-subdivision is approved in writing by the Board and which Lot or parcel conforms to the restrictions applicable thereto, or is by the provisions of such approval allowed to be used as a building site; or
(3) Any land or any Lot or parcel of any subdivision or re-subdivision of any land which hereafter becomes subject to the jurisdiction of the Association by virtue of restrictions, conditions, covenants, and/or agreements relating thereto, approved and consented to by the Association and recorded in the Office of the County Recorder of said County, as provided in Article 10, Section I herein; provided the same shall conform to the restrictions applicable thereto or Is by the provisions of such approval and consent allowed to be used as a building site.
Without the approval of the Association no part
of
a parcel of the Property shall be so disposed of by the Owner thereof
that
either the part disposed of or the part retained shall not be
sufficient
in area or dimension to constitute a building site as provided In
Section
14 above, except that such Owner may convey less than a building site
to
the Owner of a contiguous parcel or to the Association.
ARTICLE 4
Section 1. Association
Tahoe Meadows, a California nonprofit mutual benefit corporation, shall be the Association.
Section 2. Management of The Property
The Association shall be obligated to manage the Property In accordance with the Property Documents and all applicable laws, regulations and ordinances of any governmental or quasi governmental body or agency having jurisdiction over the Property.
Section 3. Membership
Each Owner shall be a Member of the Association and shall remain a Member thereof until such time as his/her ownership ceases for any reason at which time his/her membership In the Association shall automatically cease.
Section 4. Transferred Ownership and Membership
Membership In the Association shall not be transferred, pledged, or alienated in any way except upon the transfer of ownership of the Lot to which it is appurtenant, and then only to the new Owner(s). To preserve and protect the private family residential character of Tahoe Meadows, its historic heritage and the use and quiet enjoyment of other Owners in their Lots and in the Common Area, ownership of Lots within Tahoe Meadows shall be limited to those persons and entities described in Article 1, Section 14. The Board shall approve or disapprove the sale or transfer of any Lot to prospective transferees based upon the criteria set forth in Article 1, Section 14. Any attempt to make a prohibited transfer is void. Any transfer of title to a Lot or interest in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new Owner, upon approval of the Board, execution of the CC&Rs and payment of a reasonable charge for administrative costs of the transferred ownership.
Section 5. Voting
Each Lot for which a full assessment is paid shall have appurtenant to it one membership and one vote. When more than one person owns an interest in any Lot, all such persons shall be members of the Association entitled to vote and the vote for such Lot shall be exercised as they among themselves determine but in no event shall more than one ( 1 ) vote be cast with respect to any Lot.
If the Co-Owners of a Lot are unable to agree
among
themselves as to how their vote(s) shall be cast, they shall forfeit
the
vote on the matter in question. If only one Co-Owner exercises the vote
of a particular Lot, it shall be conclusively presumed for all purposes
that he was acting with the authority and consent of all Co-Owners of
the
same Lot. If more than one Co-Owner exercises the vote for a particular
Lot, their votes shall not be counted and shall be deemed void.
Section 6. Eligibility to Vote
The persons entitled to vote at any meeting of the Members or by proxy or by mail ballot, shall be those persons who are members of the Association as specified in Article 4, Section 3, who are in good standing, with all assessments paid, and not subject to any suspension of membership rights on the record date.
Section 7. Voting Requirements
Any action by the Association which must have the approval of the membership before being undertaken shall require the vote or written assent of the specified percentage (or if not specified a majority) of the Members.
Section 8. Privileges
Each member is entitled to a fractional interest In the assets of the corporation upon Its dissolution, equal to the Owner's voting rights, subject to the provisions of Article 4, Section 4, 5, and 6.
Section 9. Record Date
The Board shall fix, in advance, a date as a record date for the determination of the Members entitled to notice of and to vote at any meeting of the association' and entitled to cast written ballots. The record date shall be not less than ten (10) days nor more than ninety (90) days prior to any meeting or taking action.
Section 10. Membership Meetings
Regular and special meetings of Members of the Association shall be held with the frequency, at the time and place and in accordance with the provisions of the Bylaws,
Section 11. Board of Directors
The affairs of the Association shall be managed by a Board of Directors which shall conduct regular and special meetings according to the provisions of the Articles and Bylaws.
No Director, officer, committee member, employee, or other agent of the Association shall be liable to any Owner or any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of any such person if such person has acted in good faith and in a manner such person reasonably believed to be in the best interests of the Association.
Each director and each officer of the Association shall be indemnified by the Association against all liabilities and expenses, including counsel fees reasonably incurred or imposed on him or her in connections with any proceeding to which he or she may be a party, or in which he or she may become involved by reason of his or her being or having been an officer or director of the Association, or any settlement thereof, regardless of whether he or she is an officer or director at the time such expenses are Incurred, unless the officer or director is adjudged guilty of willful malfeasance or misfeasance in the performance of his or her duties, in the case of settlement, the indemnification provided herein shall apply only when the Board approves such settlement and reimbursement as being for the Association's best interest. The above described right of indemnification shall not be exclusive of any other rights to which such officers and directors shall be entitled, but shall be in addition to such other rights.
Section 12. Membership Certificates
The Association may issue certificates evidencing
membership in the Association as set forth in the Bylaws.
(THIS SPACE INTENTIONALLY LEFT
BLANK)
ARTICLE 5
Section 1. Generally
The Association shall have the power to perform any action reasonably necessary to exercise any right or discharge any duty enumerated In this Article 5 or elsewhere In the Property Documents or reasonably necessary to operate the Property. In addition, the Association shall have all the powers and rights of a nonprofit mutual benefit corporation under the laws of the State of California,
The Association shall act through Its Board of Directors and the Board shall have the power, right and duty to act for the Association, except that actions which require the approval of the Members of the Association shall first receive such approval.
Section 2. Enumerated Rights and Powers
In addition to those Association rights and powers which are provided elsewhere In the Property Documents the Association shall have the following rights:
(B) Enter Contracts: To enter contracts with third parties to furnish goods or services to the Property.
(C) Borrow Money: To borrow money and with the approval of a majority of the Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts Incurred.
(D) Dedicate and Grant Easements: To dedicate or transfer all or any part of the Common Area to any public agency, authority or utility or any other person or entity for such purposes and subject to such conditions as may be agreed to by the Board; provided, however, that no such dedication or transfer shall be effective unless (1) such dedication or transfer Is approved by vote or written assent by a majority of the Members, and (11) an instrument In writing is signed by the Secretary of the Association certifying that such dedication or transfer has been approved by the required vote or written assent.
(E) Establish Rules and Regulations: To adopt and enforce reasonable rules and regulations not Inconsistent with this Restated Declaration, the Articles, or the Bylaws relating to the use of the Common area and the Lots and the conduct of Owners and their contract purchasers, lessees, tenants and guests with respect to the Property and other Owners. A copy of the Rules and Regulations shall be mailed or otherwise delivered to each Owner annually and a copy shall be posted in a conspicuous place within the Common Area.
In addition to those Association duties which are Imposed elsewhere in the Property Documents the Association shall have the following duties:
(2) If the need for maintenance or repair to the Common Area Is caused through the willful or negligent act of an Owner, his or her family, lessees, guests, invitees, or tenants, then the cost of such maintenance or repairs, In addition to any other disciplinary measures levied by the Board, shall be added to and become a part of the Assessment to which such Lot is subject, as provided In Article 6, Section 5.
(3) The Association shall have sole authority and right to trim, remove, replace, plant or replant or otherwise care for the trees, shrubs and plantings In the roads and the Common Areas.
(4) The Association shall maintain a fence along the boundary of the Property adjacent to the present State highway and the Property Perimeter lines with such gates or openings therein as It may deem advisable for access to the rights of way across the Properties, and the Owners of Lots adjacent to said State Highway or perimeter property lines shall not remove any of said fence or make any gates or entrances in, through or across said fence unless the Board shall consent thereto in writing.
(5) The Association has
the
authority to provide for health, safety and general welfare of people
residing
within the Property, and to prevent danger from fires, traffic,
livestock,
camping, picnicking or hazards to life and limb or property.
(C) Levy and Collection of Assessments and Individual Charges: to fix, levy and collect Assessments and/or Individual Charges in the manner provided in Articles 6 and 7.
(D) Taxes and Assessments: To pay all real and personal property taxes and assessments and all other taxes levied against the Common Area, other property, owned by the Association or against the Association. Such taxes and assessments may be contested or compromised by the Association; provided, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes.
To prepare and file annual tax returns with the
United
States government and the State of California and to make such
elections
as may be necessary to reduce or eliminate the tax liability of the
Association.
(F) Legal and Accounting: To obtain and pay the cost of legal, accounting and other professional services necessary or proper to the maintenance and operation of the Property and the enforcement of the Property Documents.(G) Insurance: To obtain and pay the cost of Insurance for the Common Areas as provided In Article 8, Section 1.
(H) Bank Accounts: To deposit all funds collected from Owners pursuant to Articles 6 and 7 hereof and all other amounts collected by the Association as set forth in the Bylaws.
(I) Preparation and Distribution of Financial Information: To regularly prepare budgets and financial statements and to distribute copies to each Member as set forth In the Bylaws.
(J) Maintenance and Inspection of Books and Records: To maintain and make available a membership register, minutes of Board and Committee hearings, and other corporate records as set forth in the Bylaws.
(K) Statements of Status: To provide a written statement setting forth the status of any Lot or Owner with respect to assessments, fees, or other charges owed the Association as set forth In the Bylaws.
Except with the approval of a sixty-six and
two-thirds
per cent (66 2/3%) of the Members, the Board shall be prohibited from
selling
or alienating in any way during any fiscal year real property of the
Association
having an aggregate fair market value greater than five percent (5%) of
the budgeted gross expenses of the Association for that fiscal year.
ARTICLE 6
Section 1. Agreement to Pay
Each owner, by accepting a deed to any of the following: a Lot containing a "single-family dwelling," as defined in Article 3, Section I, paragraph 2, any number of unimproved Lots; or one Lot with a "single-family dwelling" and any number of unimproved adjoining Lots, is deemed to covenant and agree for at least one Lot owned, and agrees in addition for each and every additional Lot owned containing a "single-family dwelling," to pay the Association all Regular Assessments and all Special Assessments (collectively "Assessments"), all Individual Charges, and all other charges and fees imposed by the Association, to be established and collected as provided in the Restated Declaration and in the other Property Documents.
Section 2. Purpose of Assessments
The purpose of Assessments is to raise funds necessary to operate the • Association. Assessments shall be used exclusively to promote the recreation, health, safety and welfare of all the Owners and for the improvement, maintenance and administration of the Property and other expenditures incurred in the performance of the duties of the Association as set forth in the Property Documents.
Section 3. Regular Assessments
The purpose of the Regular Assessments is to raise funds necessary to pay the anticipated costs of operating the Association during the fiscal year and to accumulate reserves to pay costs anticipated in future years.
Not less than forty-five (45) days nor more than sixty (60) days before the beginning of each fiscal year, or as otherwise provided by law, the Board shall meet for the purpose of establishing the budget and Regular Assessment for the forthcoming fiscal year. At such meeting the Board shall review the proposed budget, all written comments received from Owners, and any other information available to it and, after making any adjustments that the Board deems appropriate, shall establish the pro forma operating budget and Regular Assessment for the forthcoming fiscal year; provided, however, that the Board may not establish a Regular Assessment for any fiscal year which is more than twenty per cent (20%) greater than the Regular Assessment of the prior fiscal year without the approval of Owners, constituting a quorum, casting a majority of the votes at a meeting or election of the Association.
Not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of each fiscal year, or as otherwise provided by law, the Board shall prepare or cause to be prepared, and distribute to each Owner, a pro forma operating budget for the forthcoming fiscal year.
The provisions of this Section do not limit regular assessment increases for the following purposes: (1) the maintenance or repair of the Common Areas or other areas which the Association is obligated to maintain or repair, including, but not limited to, the payment of Insurance premiums, the payment of utility bills, the costs incurred in maintaining or repairing structures or improvements, and funding reserves; or (2) addressing emergency situations.
Regular Assessments shall be due and payable on the first day of the fiscal year, unless the Board adopts some other basis for collection. Regular Assessments shall be levied on a pro-rata basis, each Lot to bear an equal share.
Section 4 Special Assessments
(B) Limitation on Special Assessments: Any special Assessment which singly or in the aggregate with previous special Assessments for the fiscal year would amount to more than five percent (5%) of the budgeted gross expenses of the Association for the fiscal year, shall require approval by a simple majority of a quorum of the members of the Association by vote or written assent.
The provisions of this Section do not limit assessment increases for the following purposes: (1) the maintenance or repair of the Common Areas or other areas which the Association is obligated to maintain or repair, including, but not limited to, the payment of insurance premiums, the payment of utility bills, the costs incurred in maintaining or repairing structures or improvements, and funding reserves, or (2) addressing emergency situations.
Individual Charges may be levied against a Member
(1) as a monetary penalty imposed by the Association as a disciplinary
measure for the failure of a Member to comply with Property Documents,
or (ii) as a means of reimbursing the Association for costs incurred by
the Association for repair of damage to Common Areas and facilities for
which the Member was responsible, or to otherwise bring the Member and
his Lot Into compliance with the Property Documents. Such Individual
Charges,
including reasonable late charges, interest, costs of collection and
attorneys'
fees, shall be enforceable by the Association pursuant to the
provisions
of Article 7.
Section 6. Delinquent Assessments; Charges
Regular and Special Assessments and Individual Charges are delinquent fifteen (15) days after they become due If an assessment or individual charge is delinquent, the Association may recover all of the following:
(2) A late charge not exceeding the maximum percent of the delinquent assessment allowed by law, or the maximum monetary amount allowed by law, whichever Is greater.
(3) Interest on all sums imposed In accordance with this Section, Including the Delinquent Assessment, reasonable costs of collection, and late charges, at an annual percentage rate not to exceed the maximum percent interest allowed by law, commencing 15 days after the assessment becomes due or at the discretion of the Board.
Each Regular Assessment, Special Assessments, and Individual Charges, together with late charges, interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien (hereinafter referred to as the "Assessment Lien") upon the Lot against which each Assessment or Individual Charge, is made, the lien to become effective upon recordation of a notice of Delinquent Assessment.
All Assessments and Individual Charges, together
with late charges, interest, costs, and reasonable attorneys' fees
Incurred
in collecting delinquent Assessments and individual Charges, shall be
the
personal obligation of the Owner of such Lot at the time when the
Assessments,
individual Charges, or other charges are levied. If more than one
person
or entity was the Owner of a Lot at the time the Assessments or
Individual
Charges fell due, the personal obligation to pay each Assessment and
Individual
Charge shall be joint and several. The personal obligation for
delinquent
Assessments and Individual Charges shall not pass to any transferee
unless
expressly assumed by him. No Owner may be exempted from liability for
Assessments
or Individual Charges by waiver of the use or enjoyment of any of the
Property.
ARTICLE 7
Section 1. General
The Association or any Owner shall have the right to enforce compliance with the Property Documents in any manner provided by law or in equity, including without limitation, the right to enforce the Property Documents by bringing an action for damages, an action to enjoin the violation or specifically enforce the provisions of the Property Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any Assessment, Individual Charge or Assessment lien created herein) and any statutory lien provided by law, Including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law.
in the event the Association or any Owner shall employ an attorney to enforce the provisions of the Property Documents against any Owner, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other amounts due as provided for herein.
All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association, or any other Owner pursuant to authorization contained in the Property Documents. commencing fifteen (15) days after repayment is demanded.
All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner, to enforce any covenant, lien or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Specific Enforcement Rights
In amplification of, and not in limitation of, the general rights specified in Section 1 above or elsewhere in the Property Documents, the Association shall have the following rights and powers.
Before disciplinary action authorized under this Section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard as follows:
(a) The Board shall give written notice by certified mail to last known address of the Owner at least fifteen (15) days prior to the meeting at which the Board will consider imposing disciplinary action. Such notice shall set forth those facts which the Board believes justify disciplinary action, and the time and place of the meeting;
(b) At such meeting the Owner shall be given the opportunity to be heard, including the right to present evidence, either orally or in writing, and to Question witnesses;
(c) The Board shall mail
written
notice to the Owners of its decision within three (3) days of its
decision.
The decision of the Board is final and shall be made in its absolute
discretion.
The effective date of any disciplinary action imposed by the Board
shall
not be less than eight (8) days after the date of said decision.
A lien created pursuant to this Section shall be prior to all other liens recorded subsequent to the Notice of Delinquent Assessment.
A lien created pursuant to this Section may be enforced In any manner permitted by law, including sale by the court, sale by the trustee designated In the Notice of Delinquent Assessment, or sale by a trustee substituted pursuant to Civil Code Section 2934a. Any sale by the trustee shall be conducted In accordance with the provisions of Civil Code Section 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust.
Nothing in this Section 2 or in subdivision (a) of Section 726 of the California Code of Civil Procedure prohibits actions against an Owner to recover sums for which a lien is created pursuant to this Section 2, or prohibits the Association from taking a deed-in-lieu of foreclosure.
In connection with any sale under Section 2924-2924h, the Board is authorized to appoint Its attorney, any officer or director, or any title Insurance company authorized to do business In California as trustee for purposes of conducting the sale.
The Association, acting on behalf of the Owners,
shall have the power to bid upon the Lot at foreclosure sale and to
acquire,
hold, rent, lease, mortgage and convey the Lot.
Section 1. Insurance
In addition to any other insurance required to be maintained by the Property Documents, the Association shall obtain from generally accepted insurance carriers, and maintain in effect at all times the following insurance:
(B) Casualty Insurance: To the extent available, the Association also shall obtain and maintain a policy of casualty insurance for the full insurable replacement value (without deduction for depreciation) of all of the improvements within the Common Area. Such policy may provide for a reasonable deductible. The form, content, term of the policy, its endorsements and the Issuing company shall be consistent with good sound insurance coverage for properties similar In construction, location and use. The policy shall name as insured the Association for the benefit of the Owners and all Mortgagees as their respective interests shall appear, and may contain a loss payable endorsement in favor of any trustee described in Section 1 (C) below.
(C) Trustee: All casualty insurance proceeds payable under Section 1 (B) above, for losses to real property and improvements may be paid to a trustee, to be held and expended for the benefit of the Owners, Mortgagees, and others, as their respective interests shall appear. Said trustee shall be a commercial bank or trust company that agrees in writing to accept such trust.
(D) Other Insurance: The Board shall purchase and maintain worker's compensation insurance, to the extent that it is required by law, for all employees or uninsured contractors of the Association. The Board may purchase and maintain fidelity bonds or insurance sufficient to meet the requirements of any First Mortgagee. The Board may purchase and maintain insurance on personal property owned by the Association, and any other insurance that it deems necessary or that is customarily obtained for projects similar In location and use. :
(E) Officer and Director Insurance: The Association may purchase and maintain insurance on behalf of any Director, Officer, or Member of a committee of the Association (collectively the "agents") against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law.
(F) Annual Review of Policies: All Association insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate.
(G) Payment of Premiums: Premiums on Insurance maintained by the Association shall be a common expense funded by Assessments levied by the Association.
Notwithstanding the foregoing, any Owner of an affected improved Lot may apply to the Board for reconstruction of his Improvements/Structures and relandscaping of his Lot in a manner which will provide for an exterior appearance and/or design which is different from that which existed prior to the date of the destruction. Application for such approval shall be made in writing together with full and complete plans, plot plan, specifications, maps and working drawings showing the proposed reconstruction and the end result thereof. Failure of the Board to approve or reject any such proposed change within thirty days (30) after the date of submission thereof shall be conclusively deemed an approval thereof; or,
(ii) The Owner shall clear all structures and improvements from the Lot and shall landscape it in a manner which is approved by the Board. Board approval shall not be unreasonably withheld. Failure to rebuild the affected structures or Improvements on the Lot shall not relieve the Lot or its Owner from any Assessment obligation.
Rebuilding, clearing or landscaping shall be commenced within ninety (90) days of the date of the damage or destruction and shall be diligently pursued to completion subject to governmental restrictions or other appropriate local restrictions.
(ii) Award: If the Common
Area,
or a portion of It, is not sold but Is instead taken, the judgment of
condemnation
shall by its terms distribute the award. If the judgment of
condemnation
does not distribute the award then the award shall be distributed as
provided
in Section 3 (A) (i) above.
Section 1. Annexation
Additional Property may be annexed' to the Project upon the vote or written assent of sixty-six and two/thirds percent (66 2/3%) of the voting power of the Members
Section 2. Notices
Notices provided for in the Property Documents shall be in writing and shall be deemed sufficiently given when delivered personally or forty-eight (48) hours after deposit in the United States mail, postage prepaid, addressed to an Owner at the last address such Owner designates to the Association for delivery of notices, or in the event of no such designation, at such Owner's last known address, or if there be none, at the address of the Owner's Lot. Notices to the Association shall be sent to the address designated by the Association by written notice to all Owners.
Section 3. Notice of Transfer
No later than five (5) days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferee shall notify the Association in writing of such sale or transfer. Such notice shall set forth, (i) the Lot involved, (ii) the name and address of the transferee and transferor; and (iii) the date of sale. Unless and until such notice is given, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, any and all communication required or permitted to be given by the Association shall be deemed duly given and made to the transferee f duly and timely made and given to such transferee's transferor.
Section 4. Headings
The headings used in this restated Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Restated Declaration.
Section 5. Severability
The provisions of this restated Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions shall not invalidate any other provisions.
Section 6. Exhibits
All exhibits referred to are incorporated herein by such reference
Section 7. Easements Reserved and Granted
Any easements referred to in this Restated Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Restated Declaration in a deed to any Lot.
Section 8. Binding Effect
This Restated Declaration shall insure to the benefit of and be binding on the heirs, personal representatives, grantees, tenants, successors and assigns of any Owner.
Section 9. Conflict of Property Documents
If there is any conflict among or between the Property Documents, the provisions of this Restated Declaration shall prevail; thereafter, priority shall be given to Property Documents in the following order: Articles, Bylaws, Building and Design Standards, and Rules and Regulations of the Association.
Section 10. Delivery of Property Documents to Transferee
Prior to the transfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Property Documents and such other documents and Information as are required by California Civil Code Section 136S
Section 11. Termination of Restated Declaration
This Restated Declaration shall run with the
land,
and shall continue in full force and effect for a period of fifty (50)
years from the date on which this Restated Declaration is executed.
After
that time, this Restated Declaration and all its covenants and other
provisions
shall be automatically extended for successive ten (10) year periods
unless
this Restated Declaration is revoked by an instrument executed by
Owners
of not less than sixty-six and two-thirds percent (66 2/3%) of the Lots
in the Property and for which a full assessment is paid, and subject to
Article 4, Section 6, and said instrument is recorded in the Office of
the El Dorado County Recorder within one year prior of the end of said
50-year period or any succeeding 10-year period.
ARTICLE 10
Section 1. Amendment
This Restated Declaration shall be amended or revoked only by the affirmative vote or written consent of at least sixty-six and two/thirds percent (66 2/3%) of the voting power of the Members.
Section 2. Specific Provisions
The percentage of the voting power necessary to amend a specific clause or provision herein shall not be less than the percentage of affirmative votes prescribed for action to be taken under said clause or provision.
SECTION 3. Amendment Instrument
An amendment shall become effective when it has
received
the required approvals and the Secretary of the Association has
executed,
acknowledged and recorded in the Office of the El Dorado County
Recorder,
an instrument expressing the amendment and certifying that the required
approvals were received.
(THIS SPACE INTENTIONALLY LEFT
BLANK)
Description of Real Property
Being a Description of the Real Property comprising that certain Property known as Tahoe Meadows in El Dorado County, California, and composed of both residential Lots and Common Areas as described by applicable assessor's parcel numbers herein. Assessor's Parcel Numbers defined in Book 29, Pages 9 and 10 of the Assessors map of the County of El Dorado, California.
COMMON AREAS:
| 29-090-01 29-092-01 29-094-05 |
29-095-13 29-096-02 29-101-11 |
29-101-21 29-101-26 29-102-01 |
29-103-14 29-104-11 29-105-03 |
29-107-01 29-108-01 |
LOTS:
| 29-091-02 | 29-093-10 | 29-101-03 | 29-103-11 | 29-105-07 |
| 29-091-08 | 29-093-11 | 29-101-04 | 29-103-12 | 29-105-08 |
| 29-091 -09 | 29-093-12 | 29-101-05 | 29-103-17 | 29-105-09 |
| 29-091-10 | 29-094-01 | 29-101-06 | 29-103-18 | 29-105-10 |
| 29-091-11 | 29-094-02 | 29-101-09 | 29-103-19 | 29-105-11 |
| 29-091-12 | 29-094-03 | 29-101-10 | 29-103-20 | 29-105-12 |
| 29-091-13 | 29-094-04 | 29-101-12 | 29-103-21 | 29-105-13 |
| 29-091-14 | 29-095-12 | 29-101-13 | 29-103-22 | 29-105-14 |
| 29-091-16 | 29-095-15 | 29-101-14 | 29-103-23 | 29-105-15 |
| 29-091-17 | 29-095-16 | 29-101-17 | 29-103-24 | 29-106-01 |
| 29-091-18 | 29-095-17 | 29-101-18 | 29-104-01 | 29-106-02 |
| 29-091-19 | 29-095-18 | 29-101-19 | 29-104-02 | 29-106-03 |
| 29-091-21 | 29-095-19 | 29-101-20 | 29-104-03 | 29-106-04 |
| 29-091-22 | 29-095-20 | 29-101-22 | 29-104-04 | 29-106-05 |
| 29-091-23 | 29-095-21 | 29-101-23 | 29-104-05 | 29-106-06 |
| 29-091-25 | 29-095-22 | 29-101-24 | 29-104-06 | 29-106-07 |
| 29-091-26 | 29-096-03 | 29-101-25 | 29-104-07 | 29-106-08 |
| 29-091-27 | 29-096-04 | 29-103-01 | 29-104-08 | 29-106-09 |
| 29-093-01 | 29-096-05 | 29-103-02 | 29-104-09 | 29-106-10 |
| 29-093-02 | 29-096-06 | 29-103-04 | 29-104-10 | 29-106-11 |
| 29-093-03 | 29-096-07 | 29-103-06 | 29-105-01 | 29-107-02 |
| 29-093-05 | 29-096-08 | 29-103-07 | 29-105-02 | 29-107-03 |
| 29-093-06 | 29-096-09 | 29-103-08 | 29-105-04 | 29-107-03 |
| 29-093-07 | 29-101-01 | 29-103-09 | 29-105-05 | |
| 29-093-08 | 29-101-02 | 29-103-10 | 29-105-06 |