Loading...
HomeMy WebLinkAboutCP 89-13; CAFARELLA CONDO; Condo Permit (CP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM ø 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For DeDt. Use On )y) PAGE 1 OF 2 (For Dept. Use Only) D Master Plan .................- E Specific Plan ...............________ Precise Development Plan... E Tentative Tract Map ........ ._________ D Planned Development Permit Non-Resjden-t-i-a1--P-l --ann Condominium Permit ......... I Redevelopment Permit ....... ._________ ED-Tentative Parcel Map Administrative Variance.... General Plan Amendment...... Site Development Plan....... Zone Change................. Conditional Use Permit...... Hillside Development Permit. Environmental Impact Assessment................ nce.................... ed Industrial Permit... '-' Coastal Development Permit.. Planning Commission Deter... -I 2) LOCATION OF PROJECT: ON THE X.,-T7-f ISIDE OFI D. (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN Jip AND 9c.cJ2(D 055 (NAME OF STREET) (NAME OF STREET) /3) BRIEF LEGAL DESCRIPTION: li'/ & L4 3cbj71 UA'(( NO. 3 I c'3 New. 3. / ? 4) ASSESSOR PARCEL NO(S). ZI(pZc2 Lf-? 5) LOCAL FACILITIES EXISTING GENERAL' /e,47 7) PROPOSED GENERALI /2 t MANAGEMENT ZONE PLAN DESIGNATION I PLAN DESIGNATION 8) EXISTING ZONING Ita_z. ) PROPOSED ZONING 10) GROSS SITEf________ ACRE A- 05 Lit- 11) PROPOSED NUMBER OF 112) PROPOSED NUMBER[ 113) TYPE RESIDENTIAL UNITS OF LOTS SUBDIVISION I (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS I z- COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL -16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE fl ARFM0008.DH 4/89 CITY OF CARLSBAD ?a LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC _______ —O - 20) PROJECT NAME: I'4- 21)BRIEF DESCRIPTION OF PROJECT: of x,.sT'g pCex. ct.iL7 IA) OAJO 04100V 0 ",fm, fr JfUc, 22) OWNER Y 5 23) APPLICANT NAME 4jT 4- 'u6 OR NAME (PRINT OR TYPE) MAILING ADDRESS MAILING ADDRESS 27-%'-'7 IEL'4I'T ST CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE LS13/fl CA. _g'p I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE- ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATURE DATE THE BEST OF MY KNOWLEDGE. SIGNATURE DATE /0 -4 *******************r***************************************************************** FOR CITY USE ONLY P nqq ?J FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED OCT 1 0 198 1 115-f? .27 51ii Do - -t o CITY OF C!LSBAD DEVELOP. PRQ'. SMIlf r,iv DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIREDJ DATE FEE PAIDL11(v/1T RECEIPT NO.1 775Y/ I ARFII0008.DH 4/89 ( . I : CITY OF CARLSBAD 1200 ELM I-IWENUE CARLSBAD, CALJFO. 41A 92008 438-5621 REC'D PRO DATE/6)-/O ? (' 7L5 ACCOUNT NO. DESCRIPTION AMOUNT ?3/ c)--t4)429 73 _ 4/7) 0479.10/10/99 0001 01 05 RECEIPT NO. 97591 TOTAL j) Recordingrequesi by: I S ] and when recorded, mail to: 3 JOSEPH CAFARELLA. 3 2247LEVANTE ST. - 3 CARLSBAD, CA....92009 3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LOT 214 OF LA COSTA SOUTH-UNIT NO-3 THIS DECLARATION, made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant". WITNESSETH: WHEREAS, Declarant is the owner of certain property in the City of Carlsbad, County of San Diego, State of California, which is more particularly described in Exhibit "A" attached hereto and made a part hereof, hereinafter called the "Condo- minium Property"; and WHEREAS, Declarant has filed, or will hereafter file, a Condominium Plan with the Office of the County Recorder of San Diego County, California, covering the Condominium Property described on Exhibit "A"; and WHEREAS, Declarant has improved, or intends to improve, the Condominium Property by constructing thereon two condominium units and intends to establish a condominium project under the provisions of the California Condominium Act providing for separate title to Units (as hereinafter defined) appurtenant 6) 0 a 4. , A to which will be an undivided fractional interest in all of the Condominium Property other than the Units. NOW, THEREFORE, Declarant hereby declares that all of the Condominium Property described above shall be held, built, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each Owner, thereof. ARTICLE I DEFINITIONS Section 1.01. "Association" shall mean and refer toa nonprofit association, its successors and assigns, the member- ship of which shall be the owners of units and which associ- ation shall be the management body for the project. Section 1.02. "Owner" shall mean and refer to the grantee and/or Record Owner, whether one or more persons or entities, of a fee simple title to any unit which is a part of the Condo- minium Property, including contract sellers, but excluding those having such interest merely as security for the perform- ance of an obligation. Section 1.03. "Condominium Property" shall mean and refer to that certain real property hereinabove described. -2- Section 1.04. "Project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon. Section 1.05. "Common Area" shall mean and refer to those portions of the Condominium Property not located within a Unit. Section 1.06. "Unit" shall mean and refer to those portions of the Condominium Property shown and described as such on the Condominium Plan; provided, however, that the boundaries of each Unit are the interior surfaces of the perimeter walls and roof rather than any metes and bounds description expressed in any deed or plan, regardless of settling or lateral movement of the building and regardless of any minor variance between boundaries shown in any deed or plan and those of the exterior of the building. Section 1.07. "Condominium Plan" shall mean and refer to the Condominium Plan recorded pursuant to California Civil Code Section 1351 covering the Condominium Property, including such amendments thereto as may from time to time be recorded. Section 1.08. "Condominium" shall mean and refer to a fee simple estate in the Condominium Property as defined in Section 783 of the California Civil Code and shall consist of a separate interest in a Unit and an undivided fractional interest as tenant in con in the Common Area. -3- 0 Section 1.09. "Exclusive Use Area" shall mean and refer to those portions of the Common Area to which an exclusive right' to use is granted to an Owner as shown and described on the Condominium Plan. Section 1.10. "Declarant shall mean and refer to JOSEPH CAFARELLA, CLEMENTINE CAFARELLA, their successors and assigns, if such successors or assigns should acquire more than one unit from the Declarant for the purposes of development. Section 1.11. "Mortgage" shall mean a Deed of Trust as well as a mortgage. Section 1.12. "Mortgagee" shall mean a beneficiary under, or holder of, a Deed of Trust as well as a mortgage. --Section 1.13. ---Board of Directors" shall mean the governing body of the Association. ARTICLE II COMMON AREA Section 2.01. Each Owner shall have an undivided interest in the Conon Area which shall not be separated from the Unit to which it pertains. Each Owner may use the Conmion Area, in accordance with the purpose for which it is intended, without hindering or encroaching upon the rights of the other Owner. Section 2.01.1. The Owner of Unit No. 2 shall have the exclusive right to use that portion of the Common Area adjacent to his Unit designated in the Condominium Plan as Spa and Pool area; each Owner shall have the exclusive right to -4- (D I 1 0 S is hereby prohibited from partitioning or, in any other way, severing or separating such ownership from any of the other ownerships in the Condominium Property; provided, however, if any Unit shall be owned by two or more co-tenants, as tenants in common, or as joint tenants, or as community property, nothing herein contained shall be deemed to prevent a judicial partition of said Unit as between such co-tenants. ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 4.01. Every Owner of a Unit which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from owner- ship of any Unit which is subject to assessment. Section 4.01.1. A member may attend and vote in person, or by an agent duly appointed by an instrument in writing signed by the member and filed with the Secretary of the Association. Any such designation of any agent may be revoked at any time by written notice to the Secretary of the Association, and at any time when the. Secretary receives actual notice of the death of a member, or notice of a judicial declaration of incompetence. Section 4.02. When there is more than one record owner, any and all such persons may attend any meetings of the Association (or owners) but, if it shall be necessary for those co-owners present to vote and they cannot agree, if -6- use those portions of the Common Area designated on the Condo- minium Plan as Patio, Garage, and Ground Area. Such exclusive use shall be subject to the following provisions: Section 2.01.2. The right of the Association to promulgate rules and regulations to ensure reasonable ..use of the Common Area. Section 2.01.3. The right of the Association, or its agents, to enter to perform its obligations under this Declara- tion or to make necessary repairs or perform maintenance thereon which the Owner has failed to make. Section 2.02. Each Owner may delegate, in accordance with this Declaration, his right of enjoyment to the Common Area to the members of his family, his tenants, or contract purchasers who reside on the property. Section 2.03. Except as to Coxmxn Areas which the Association is required to repair and maintain, each Owner shall, at his sole cost and expense, maintain and repair his Unit and the Exclusive Use Area appurtenant thereto, keeping the same in good condition and repair. ARTICLE III PARTITION PROHIBITED Section 3.01. Except as provided by Section 1354b of the California Civil Code, each of the Owners of a Condominium, whether such ownership is in fee simple or as a tenant in common, -5- 1 0 . there are two, each shall have a half vote or, if more than two, then the majority shall determine who shall cast the votes to which they are entitled; if only one co-owner is present in person or by proxy, that co-owner may vote all the shares (or interest) jointly owned. Any designation of an agent by co-owners must be signed by both, if two, or by a majority if three or more. Section 4.03. Every member shall have the right to vote, as herein set forth, on becoming a member of the Association. ARTICLE V MANAGEMENT Section 5.01. The owners of the Condominium Project - - - hereby associate themselves as a nonprofit unincorporated association for the purposes of being the*management body" of the Condominium Project under the laws of the State of California Section 5.01.1. The affairs of this Association shall be managed by a Board of Directors, consisting of three (3) persons, who need not be Members of the Association. Section 5.01.2. At the first meeting of the Association, the Members shall elect three Directors to serve until their removal, death or resignation. Section 5.01.3. A Director shall not receive any compensation for any service he may render to the Association; -7- U, . s'. provided, however, that any Director may be reimbursed for actual out-of-pocket expenses incurred by him in the per- forinance of his duties. Section 5.01.4. The Board shall have the powers and duties and shall be subject to the limitations on any such powers as enumerated in this Declaration, including the following, powers which shall not be by way of limitation, Section 5.01.4.1. File and publish a certif i- cáte of fictitious name. Section 5.01.4.2. Sue and be sued in the name. of the Association. Section 5.01.4.3. Deposit the funds of the Association to the credit of the Association in such banks or other depositories -as the Board may select. Section 5.01.4.4. Authorize, by resolution, the execution and delivery of any instrument in the name of and on behalf of the.Association, any contracts, checks, drafts, notes or orders for the payment of monies. Section 5.01.4.5. Cause to be maintained a full set of books and records showing the financial condition of the Association and shall provide an annual audit thereof within ninety (90) days after the close of the fiscal year for any year in which the annual income of the Association shall exceed $75,000, and shall regularly prepare and distribute financial statements in accordance with the following: -8- (a) A proforma operating statement for each fiscal year shall be distributed not less than sixty (60) days before the beginning of the fiscal year. (b) A balance sheet, as of an accounting date which is the last day of the month closest in time to six (6) months from the date of closing of the first sale of a Unit in the Condominium Project, and an operating statement for the period from the date of the first closing to said account- ing date, shall be distributed within sixty (60) days after the accounting date. This operating statement shall include a schedule of assessments received and receivable, identified by the number of the Unit and the name of the Owner assessed. (c) A balance sheet as of the last day of the Association's fiscal year and an operating statement for said fiscal year shall be distributed within ninety (90) days after the close of the fiscal year. Section 5.02. Election Section 5.02.1. Each Owner shall elect one Director and the two Directors so elected shall elect a third who shall not be an Owner and shall have no interest in the Condominium Project. Section 5.02.2. Voting for Directors shall be by secret written ballot and may be conducted in person or by proxy. -9- (2 I 0 -1 . Section 5.02.3. In the event that at any time the two Directors elected by the Members cannot agree as to the third Director, a third Director shall be appointed by the presiding Judge of the North County Division of the San Diego Superior Court upon the petition of any Owner under the pro- cedures for appointment of a neutral arbitrator pursuant to California Code of Civil Procedure Section 1281.6. Said Director shall serve until the next annual meeting of the Members. Section 5.03. Removal Section 5.03.1. The Director elected by an Owner may be removed from office at any time by the Owner so electing him at any meeting called for that purpose. The close of sale of either Unit shall be deemed to automatically remove the Director elected by that Unit Owner. SectiOn 5.03.2. The third Director elected by the two Directors may be removed by the vote of both Owners. Section 5.04. In the event of a vacancy on the Board caused by the death, resignation, or removal of a Director, the Owner of the Unit so electing the Director shall elect a successor and, in the event of such a vacancy of the office of the third Director, the remaining Directors shall elect a successor. Section 5.05. Meetings of Directors. Section 5.05.1. Regular meetings of the Board of Directors shall be held quarterly at such place within the -10- Oro] Project, and at such time as may be fixed from time to time by resolution of the Board. Notice of the time and place of such meeting shall be posted at a prominent place or places within the Common Area. Section 5.05.2. Special meetings of the Board of Directors shall be held when called by written notice signed by any Director. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. Notice of any special meeting must be given to each Director not less than three (3) days, nor more than ten (10) days, prior to the date fixed for such meeting by written notice delivered personally or sent by mail or telegram to each Director at his address as shown in the records of the Association.--A copy of such notice shall be posted in a prominent place or places in the Common Area of the Project within three (3) days prior to said meeting. Section 5.06. A majority of the Board shall constitute a quorum and, if a quorum is present, the decision of a majority of the Members present shall be the act of the Board. Section 5.07. Regular and special meetings of the Board shall be open to all Members of the Association; provided, however, that Association Members who are not on the Board may not participate in any deliberation or discussion unless expressly so authorized by the vote of a majority or a quorum of the Board. -11- (9 . H ARTICLE VI COVENANT FOR MAINTENANCE FUND: ASSESSMENTS' A. Creation of the Lien and Personal Obligations of Assessments. Section 6.01. The Declarant, for each Unit owned within the properties, hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessment or charges, and (2) special assessments for capital improvements to the overall condominium project Units to the extent such improvement is needed for the condominium project as a whole, the Common Area and the exterior of the Units, such assessment to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall. be a charge on the Unit and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obli- gation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even though there is a transfer to a bona fide and for value successor in title. Any bona fide and for value successor shall also expressly assume -12- (D joint and several responsibility for any delinquent install- ments and the liability as between them will not be the con- cern of the Association. B. Purpose of Assessments. Section 6.02. The assessment levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the Common Area, and of the Units situated upon the properties. C. MaximumAnnual Assessment. Section 6.03. Until January 1 of the year immediately following the conveyance of the first Unit to an Owner, the maximum annual assessment shall be per Unit. Section 6.03.1. From and after January 1 of the year immediately following the conveyance of the first Unit to an Owner, the maximum annual assessment may not be increased each year more than ten percent (10%) above the maximum assess- ment for the previous year, and no special assessments to defray the costs of any action or undertaking on behalf of the Association which, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year may be made without the vote or the written assent of a majority of all members. Section 6.03.2. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. -13- 3 S D. Special Assessment for Capital Improvements. Section 6.04. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement in or to the overall condominium project as a whole, common walls, and upon the Common Area, including fixtures and personal property related thereto, provided, that any such assessment which exceeds five percent (5%) of the annual budgeted expense of the Association shall have the vote or written assent of fifty-one percent (51%) of all members. -Section 6.04.1. -Every special assessment shall-be -- levied on the same basis as that prescribed for regular assess- ments. These provisions regarding special assessments do not apply in the case where the special assessment is a remedy used by the Board of Directors to reimburse the Association for costs incurred in enforcing compliance with the governing instru- ments. - Section 6.04.2. Special assessments shall be paid as set forth in the notice of assessment. Section 6.04.3. A special assessment may be made as provided in Section 10.03 below. -14- )+ ~ 0 Notice and Quorum for any Action Authorized Under Sections 6.03, 6.04. Section 6.05. Any action authorized under Section 6.03 or 6.04 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting. Notice of special assessment shall be sent not less than ten (10) nor more than twenty (20) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one (51%) percent of all members (consider- ing the number of votes each such member has), members who are not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting. E. Uniform Rate of Assessment. Section 6.06. Both annual and special assessments must be fixed at an equal rate for both Units, based on the square footage of the Unit and the Exclusive Use Area appurtenant thereto, and may be collected on a monthly basis. The Declarant and his successor in interest, if any, is an Owner subject to payment of the above for the interests he owns. -15- S . F. Date of Commencement of Annual Assessments. Section 6.07. Due Dates. The annual assessments provided for herein shall commence on the first day of the month fol- lowing the close of escrow of the first sale of a condominium. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Unit at least sixty (60) days in advance of each annual assessment period unless, in the first year, less than sixty (60) days remain, then, in such event, the time shall be a reasonable time. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates and dates of each monthly installment payment shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificiate signed by an officer of the Association setting forth whether the assess- ments on a specified Unit have been paid. G. Effect of Nonpayment of Assessments. SectiOn 6.08. Remedies of the Association. Any assess- ment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the Common Area or abandonment or sale of his Unit. S Section 6.08.1. At any time after any assessments levied by the Association, affecting any Condominium, have become delinquent, the Board of Directors may file for recording in the Office of the San Diego County Recorder a notice of delinquency as to such Condominium, which notice shall state all amounts which have become delinquent with respect to such Condominium and the costs (including attorney's fees) and interest which have accrued thereon, the amount of any assessments relating to such Condominium which are due and payable although not delinquent, and the name of the record or reputed record Owner of such Condominium. Such notice shall be signed by a majority of the members of the Board of Directors or by the Association's attorney. In the event the delinquent assessments and all other assessments which have become due and payable with respect to the same Condominium, together with all costs (including attorney's fees), penalties and interest which have accrued on such amount, are fully paid or otherwise satis- fied prior to the completion of any sale held to foreclose the lien provided for in this Article, the Board of Directors shall record a further notice, similarly signed, stating the satis- faction and releasing of such lien. Immediately upon recording of any notice of delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs, including attorney's fees, penalties, and interest accruing thereon, shall be and become -17- 0 I a lien upon the Condominium following such recording, and all costs, including attorney's fees, penalties and interest accruing thereon. Section 6.08.2. Each assessment lien of the Association may be foreclosed as, and in the same manner, the foreclosure of a mortgage upon real property under the laws of the State of California, or may be enforced by sale pur- suant to Section 2924 of the California Civil Code and, to that end, a power of sale is hereby conferred upon the Association. H. Subordination of the Lien to Mortgages. Section 6.09. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage made in good faith and for value. Sales or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to mortgage foreclosure which has priority over the assessment lien shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof, and any purchaser at a foreclosure sale, after its date, shall become liable for the assessments upon said Unit. I. Exempt Property. Section 6.10. All properties dedicated to, and accepted -18- by, a local ,public authority, and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of California, shall be exempt from the assessments created herein. However, no condominium Units shall be exempt from said assessments. J. Nonwaiver. Section 6.11. No Owner may waive or escape liability for the assessments above by non-use of the Common Area, his Unit, or abandonment of his Unit. K. Amendment. Section 6.12. No amendment of this article shall affect the rights of a holder of any mortgage, recorded prior to the recordation, who does not join in such amendment. ARTICLE VII ARCHITECTURAL CONTROL A. Architectural Control Committee. Section 7.01. The Board of Directors of the Association shall serve as the Architectural Committee. B. Alteration Limitations. Section 7.02. No Owner shall make any alterations, modi- fications or changes in the exterior of any building, fence, wall, common wall, or other structure erected and placed in or upon any Unit or upon the Common Area, nor make any alteration, modification or change as to any tree, shrub, plant or other landscaping upon any Unit or upon the Common Area, unless and -19- e) until such change shall have been approved in writing by the then Owners of both of the Units in the subdivision, as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finish grade elevations. Section 7.03. The changing of the interior design, materials or color within any building or structure, except a common wall or garage, in such a manner that such change is not visible from outside of such building, shall not constitute "alteration" within the meaning of Paragraph 7.02. Section 7.04. Decisions of the Committee under this Article shall be solely advisory in nature and not binding except upon the written assent of both of the Owners. The Committee's approval or disapproval shall be in writing. In the event the Committee fails to recommend approval or recommend disapproval within thirty (30) days after plans, specifications, and plats have been submitted to it, such failure will constitute neither a recommended approval nor a recommended disapproval. ARTICLE VIII USES Section 8.01. No outdoor television or radio antenna shall be erected, altered, placed or permitted on any of the Units or on the Common Area, without the prior approval or consent thereto of the Board of Directors. Section 8.02. The Common Area shall not be obstructed and shall not be used except for the purposes of installing, 20 erecting, constructing and maintaining thereof (i) swimming pool(s) and other recreational facilities, (ii) grass, flowers, shrubs, trees and other landscaping appurtenances, (iii) utilities' transmission facilities, provided the same (except for transformer boxes and similar equipment not erected on poles, derricks or similar supports) are installed underground, (iv) the construction and installation by Declarant and the maintenance thereof of utility and trash storage area(s), structures and garden fencing, to be installed at the inception of the project with each Unit, (v) lighting, sewers, drainage, irrigation, television cables, gates, guard house (if needed). Section 8.03. None of the Units shall be used except for residential purposes; no building shall be erected, altered, placed or permitted toremain on any of the Units other than one single-family dwelling and a private garage for automobiles. Section 8.04. As to each Unit and Common Area: Section 8.04.1. No improvement shall be erected, altered, placed or permitted to remain in violation of any applicable ordinance. Section 8.04.2. No structure of a temporary character, basement, shack, garage, or other outbuilding, shall be used for residential purposes, either temporarily or permanently. Section 8.04.3. No truck trailer, boat or camper shall be permitted to remain unless the same be within a garage. -21- S Section 8.04.4 No Owner shall park any automobile, other vehicle, or motor vehicle, except in the garages or designated parking spaces and said Owner shall be responsible for the cleaning of any oil or similar streaks caused by leaking vehicles. All garage doors shall be kept closed except when entering and leaving. Section 8.04.5. Temporary parking shall be permitted only for loading and unloading. Section 8.04.6. No animals or birds of any kind shall be raised, bred, or kept, excepting household pets. No Owner shall keep in or upon any Unit, any household pet or pets which shall constitute, either by reason of its nature, size or number, a nuisance to the other Unit Owners. Further, the Board of Directors of the Association shall have the right to promulgate, from time to time, rules regulating household pets, including, without restriction, rules relating to the number of pets, specie of pets, size of pets, and control of pets. Section 8.04.7. No noxious or offensive activities shall be carried on nor shall anything be done which may be or may become an annoyance or nuisance; normal and usual con- struction activities associated with the installation or repair of any improvement permitted by this Declaration shall not constitute noxious or offensive activity or any annoyance or nuisance within the meaning of this paragraph. -22- 0 S ., Section 8.04.8. No oil drilling development operations, oil refining, quarrying, or mine operations of any kind shall be permitted, nor shall oil wells, tanks, tunnels, or mineral exca- vations or shafts be permitted. No derrick or other structure designed for use in boring oil or natural gas shall be erected, maintained, or permitted. Section 3.05. Nothing shall be done or kept in the Common Area except to advertise the Unit for sale or lease and then such signs shall be in the form and format as designated by the Board of Directors from time to time and at place or places designated by the Board of Directors. Section 8.06. None of the rights and obligations of the Owners shall be altered by encroachments due to settling or shifting of structures or any other cause. There shall be valid 'easements for the maintenance of such encroachments as long as they exist, but there shall be no valid easement for encroach- ments caused by any willful act or conduct of Owner. Section 8.07. Except as provided herein, the Common Area shall be used for open space and recreational facilities for the use and benefit of the members of the Association and their guests. Section 8.08. Each Owner shall be legally liable to the Association for, all damages to the Common Area or to .any improvement thereof or thereto, including but not limited to the buildings, recreation facilities and landscaping caused by such Owner or any occupant of such Owner's Unit. -23- .' S Section 8.09. Each Owner shall have the right, at his sole cost and expense, to maintain; repair, paint, paper, panel, plaster, tile and finish the interior surfaces of the ceilings, floors, window frames, door frames, trim and perimeter walls of his Unit and the surfaces of the bearing walls and partitions located within the Unit. Said Owners shall have the right to substitute new finished surfaces in place of those existing on said ceiling, floors, walls, and doors of said Unit. Each Owner shall have the obligation to keep in good repair all items mentioned in this Section. No Owner shall paint, alter or modify in any way the exterior of his Unit without the prior written consent of the Board of Directors. Section 8.10. Each Exclusive Area shall be (1) appurte- - --nant to the Condominium,-the Unit of-which bears the same number as the Exclusive Use Area as set forth on the Condominium Plan, and (ii) used only for the purposes set forth in the Declaration. The right to so use an Exclusive Use Area shall be exercisable only by the Owner(s) of the Unit appurtenant thereto and/or said Owner's tenants. Conveyance of a Unit shall effect conveyance of Exclusive Use Areas appurtenant thereto and transfer of all rights thereto to the vested Owner of the Unit. No Exclusive Use Area or any rights thereto shall be transferred or conveyed apart from conveyance of the Condominium to which it is appurtenant. Each Exclusive Use Area shall be deemed to be Common Area for all those purposes set forth in -24- e) S . this Declaration which are not inconsistent with this Article or the next Article. Section 8.11. Each Owner shall have the following rights with regard to the Exclusive Use Area which he has the exclusive right to use: (a) To place furniture and potted plants upon said area. (b) To maintain flowers and shrubs and other land- scaping installed in a manner which does not unreasonably interfere with the enjoyment of adjacent Units and Exclusive Use Areas. ARTICLE IX RESPONSIBILITIES OF OWNERS Section 9.01. Each Owner of a Unit -shall -be responsible for the maintenance and repair of his Unit including the glass doors and windows enclosing his Unit, the frames and tracks of glass doors and windows, the interior and exterior of his Unit, except the exterior surfaces thereof, and all appliances, whether "built-in" or freestanding, within the Unit, and shall also be responsible for the maintenance and repair of the plumbing, electrical and heating systems servicing his Unit and located either within or without the outside perimeter of the exterior bearing walls thereof, so long as those systems are used exclusively by such Owner and not in common, including television cable equipment and connections and all appliances -25- ''S S and equipment located in said Unit. Each Owner shall also be responsible for the maintenance of the areas he has the exclusive right to use, and shall make repairs in such manner as shall be deemed necessary in the judgment of the Board of Directors to preserve the attractive appearance thereof and protect the value thereof, excluding the maintenance of the exterior surfaces thereof. Section 9.02. In the event an Owner fails to maintain the areas as set forth above, and the plumbing, electrical and heating systems thereof, as provided above, or make repairs thereto in such manner as shall be deemed necessary in the judgement of the Board of Directors to preserve the attractive appearance thereof and protect the value thereof, the Board of Directors shall give written notice to such Owner, stating with particularity the work of maintenance or repair which the Board of Directors finds to be required and requesting that the sane be carried out within a period of thirty (30) days from the giving of such notice. In the event the Owner fails to carry out such maintenance or repair within the period specified by the notice, the Board of Directors shall cause such work to be done and shall assess the cost thereof to such Owner. In the event any Owner fails to maintain the exterior of his Unit, except the surfaces thereof, as provided herein, the Board of Directors, or its agents, shall have the right to enter the Unit to the extent such entry is necessary to perform such repair or maintenance. -26- S ., Section 9.03. No Owner may sell, assign, lease or convey (i) his interest in the Cèrninon Area, separate and apart from his Unit, nor (ii) his interest in any Exclusive Use Area separate and apart from his interest in the Common Area and Unit. ARTICLE X COMMON AREA - CONVEYANCE AND IMPROVEMENTS A. Conveyance. Section 10.01. Each Owner of a Unit shall, upon acquiring fee title to said Unit (or title under contract), automatically become a member of the Association. The membership in the Association shall be appurtenant to and may not be separated from ownership of any Unit and any Exclusive Use Area appurtè- - - - •nant -thereto which is subject to assessment and any lender (mortgagee-beneficiary) having a lien upon any Unit shall also have a lien upon the appurtenant membership in the Association. Declarant may reserve easements in the Common Area unto itself for a reasonable duration for common driveway purposes, for drainage and encroachment purposes, and for ingress to and egress from the Common Area for the purpose of completing improvements. B. Maintenance by Association. Section 10.02. The Association has been created to act as the "management body" for the maintenance, preservation, improve- ment and architectural control of the Units and the Common Area -27- (0 S and, in addition to the duties and powers enumerated in the Association's By-laws or elsewhere set forth in this Declaration and contract limiting the generality thereof, the Association, under the direction of the Board, shall have the powers set forth herein below. Section 10.02.1. To levy assessments and otherwise act as set forth in Article VI. Section 10.02.2. Maintain and manage the Common Area not subject to the exclusive use of each Owner; provided, however, that if an Owner shall fail to maintain or make necessary repairs thereto, the Association shall have the right (but not the obligation) to provide such maintenance or to make such repairs, at the Owner's cost which shall be subject to assess- ment on said Owner's Unit. Section 10.02.3. Maintain in good repair the exterior of all buildings, improvements and appurtenances thereto. Exterior maintenance of a Unit shall be limited to painting of all exterior surfaces of the buildings and repairing and replace- ment of roofs. All other maintenance, replacements and repairs shall be the responsibility of each Owner; provided, however, that if an Owner shall fail to maintain or make repairs or replacements which are the responsibility of such Owner, the Association shall have the right (but not the obligation) to provide such maintenance or make such repairs or replacements at the Owner's cost which shall be subject to assessment On said Owner's Unit. -28- 0 fl .. Section 10.02.4. Enter into any contracts and perform any other acts as may be reasonably necessary to perform any duties or obligations provided in this Declaration. C. Damage, Destruction, and Condemnation of Common Area. Section 10.03. If any portion of the Common Area is damaged or destroyed by fire or other casualty, then: Section 10.03.1. If the cost of repairing or re- building does not exceed the amount of available insurance proceeds by more than $5,000.00, the Board of Directors shall thereupon contract to repair or rebuild the damaged portions of the Common Area substantially in accordance with the original plans and specifications therefor. Section 10.03.2. If the cost of repairing or re- building exceeds the amount of available insurance proceeds by more than fifty percent (50%) interest in the Common Area and the Board of Directors and tne Owners agree to the repair or restoration of the project, then the Board of Directors shall contract as provided in 10.03.1 above. If said Owners do not so agree, then all insurance proceeds shall be paid to the account of the Association to be held for the benefit of the Owners and their mortgagees as their respective interests shall appear. Section 10.03.3. If a bid to repair or rebuild is accepted, the Board of Directors shall levy a special assess- merit in proportion to the interest of each Owner in -the ..ConQ.n -29- S S Area, a portion of which has been damaged or destroyed, to make up any deficiency between the total insurance proceeds and the contract price for such repair and rebuilding, and such assessment and all insurance proceeds, whether or not subject to liens of Mortgagees, shall be paid to the account of the Association to be used for such rebuilding. D. Condemnation. Section 10.04. If any portion of the Condominium Property is taken by condemnation, eminent domain or any proceeding in lieu thereof then: Section 10.04.1. In the event of any taking of a Unit, the Owner (and his Mortgagee as their interest may appear) of the Unit shall be entitled to receive the award for such taking and, after acceptance thereof, he and his Mortgagee shall be divested of all further interest in the Condominium Property if such Owner shall vacate his Unit as a result of such taking. In such event, said Owner shall grant his interest in the Common Area, if any, to the other Owners owning a fractional interest in the same Common Area, such grant to be in proportion to the fractional interest in the Common Area then owned by each. Section 10.04.2. In the event of any taking of the Common Area, the Owners of the Common Area, and their Mortgagees, shall be entitled to receive the award for such taking in pro- portion to the interest of each in the Common Area; provided, -30- 6) S . however, that should it be determined to repair or re1uild any portion of the Common Area, such proceeds shall be paid to the Association for that purpose in the same manner and subject to the same terms, conditions and limitations as provided above in Section 10.03 for determining whether to rebuild or repair following damage or destruction. E. Damage and Destruction of Units. Section 10.05. In the event of damage or destruction to any Unit, the Owner thereof shall reconstruct the same as soon as reasonably practicable and substantially in accord with the original plans and specifications therefor; provided, however, that any such Owner may, with the written consent of the Board, reconstruct or repair the same pursuant to new or --changed-plans and specifications. In the event the Board of Directors fails to approve or disapprove such changed plans and specifications within sixty(60) days of the receipt thereof, they shall be deemed to have been approved. ARTICLE XI BREACH Section 11.01. A breach of any of the covenants, conditions and restrictions contained in this Declaration which is not cured within fifteen (15) days from the date of notice of such breach as given by the Board of Directors or Declarant to the Owner on whose property such breach occurs, or whose act or omission -31- GD S constitutes such breach, shall give to Declarant, any Owner and the Board of Directors or its successors, the remedies hereinafter set forth. Section 11.02. A breach, as set forth in Section 11.01 above, and the continuation of any such breach, may be enjoined, abated or remedied by appropirate proceedings in law or equity by any Owner, by Declarant or the successors in interest of Declarant or by the Board of Directors. It is hereby agreed that damages at law for such breach are inadequate. Section 11.03. The results of every act or omission which are a breach, as set forth in Section 11.01 above, are hereby declared to be and constitute a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, shall -be applicable against every such result and may be exercised by any Owner, by Declarant or its successor in interest as the Owners of said right of re-entry, or by the Board of Directors. Section 11.04. The remedies herein provided for breach of the covenants contained in this Declaration shall be deemed cumulative and none of such remedies shall be deemed exclusive. Section 11.05. The failure of Declarant, the Board of Directors or any Owner to enforce any of the covenants contained in the Articles or this Declaration shall not constitute a waiver of the right to enforce the same thereafter, nor shall such failure result in or impose any liability on Declarant. 32- 0 S .. Section 11.06. A breach of covenants contained in the Articles or this Declaration shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any property; provided, however, that any subsequent Owner of such property shall be bound by said covenants, whether such Owner's title was acquired by foreclosure or in a trustee's sale or otherwise. A lender who acquired title by foreclosure or deed in lieu of fbreclosure shall not be obligated to cure any breach of the covenants which occurred prior to such acquisition of title if such breach was or is noncurable or was a type of breach which is not practical or feasible to cure. ARTICLE XII -. GENERAL PROVISIONS RE: COVENANTS, A. Enforcement. Section 12.01. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall, in no event, be deemed a waiver of the right to do so thereafter. Section 12.02. There is no purported 'power in the Associ- ation to cause a forfeiture or abridgement of an Owner's rights to the full use and enjoyment of his individually owned -33- S subdivision interest on account of a failure by the Owner to comply with provisions of the governing instruments or of duly enacted rules of operation for Common Areas and facilities except where the loss or forfeiture is the result of the judg - ment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association. Section 12.03. The Board of Directors may impose monetary penalties, temporary suspensions of an Owner's rights as a member of the Association (including the right to vote) or other appropriate discipline for failure to comply with the governing instruments, provided that the accused is given notice and the opportunity to be heard by the Board of Directors with respect to the alleged violations before a decision to impose discipline is reached. B. Severability. Section 12.04. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. C. Amendment. Section 12.05. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for -34- S ..' successive periods of ten (10) years. This Declaration may be amended by the vote or written consent of members repre- senting all of the voting power of the membership. ARTICLE XIII SEVERAB ILITY Section 13.00. The provisions hereof shall be deemed to be independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. ARTICLE XIV SPECIAL PROVISIONS REGARDING FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) A. Additional Requirements Imposed Upon the Board. Section 14.01. The individual units and improvements thereupon may be financed by mortgage loans (Trust Deed notes and Deeds of Trust) sold to FEDERAL HOME LOAN MORTGAGE CORPO- RATION (FHLMC). The Board shall be required and is hereby empowered to take such acts and to do such things as shall be required in order to comply with the requirements promulgated by FHLMC, from time to time, so as to permit the sale of loans on the Units to FHLMC from the herein properties, including, but not limited to, the following: Section 14.01.1. The Board shall contract for fire and extended coverage insurance for no less than One Hundred -35- S percent (100%) of the replacement cost of the insurable Common Area (as herein defined). Such insurance shall name the Association as the insured. Section 14.01.2. The Board shall contract for fidelity coverage against the dishonest acts on the part of the Association, its Directors, Officers, Managers, Trustees, Employees, or Volunteers responsible for handling funds belonging to or administered by the Administration. The fidelity bond or insurance must name the Association as the named insured and shall be written in an amount sufficient to provide protection which is, in no event, less than one and one-half (1-1/2) times the insured's estimated annual operating expenses and reserve. In connection with such coverage, an appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. Section 14.01.3. The Board shall contract for a comprehensive policy of public liability insurance covering all of the Common Area and public ways. Such insurance policy shall contain a "Severability of Interest" clause or endorse- ment which shall preclude the insurer from denying a claim of an Owner of a Unit because of the negligent acts of the Association, or of other Unit Owners. The scope of coverage must include all other coverage in the kinds and amounts commonly required by private institutional mortgage investors -36- 101 S .,. for projects similar in construction, location, and use. The coverage shall be for at least $1,000,000.00 per occurrence for personal injury and/or property damage. B. Minimum Financial Rating of Carrier. Section 14.02. Each hazard insurance policy must be written by a hazard insurance carrier which has a financial rating by Best Insurance Reports of BBB+ or better. Each carrier must be specifically licensed or authorized by law to transact business within California. Policies are unacceptable where: Section 14.02.1. Under the terms of the carrier's charter,-By-laws or policy, contributions or assessments may be made against the borrower or FHLMC, or FHLMC's designee; or Section 14.02.2. By the terms of the carrier's charter, By-laws or policy, loss payments are contingent upon action by the carrier's Board of Directors, policy holders, or members; or Section 14.02.3. The policy includes any limiting clauses (other than insurance conditions) which could prevent FHLMC or the borrower from collecting insurance proceeds. Section 14.03. All policies of. hazard insurance must contain or have attached thereto a form of standard mortgagee clause as is commonly accepted by private institutional mortgage investors in California. The mortgage clause must provide that the insurance carrier shall notify the first -37- I S mortgagee (or beneficiary) named at least ten (10) days in advance of the effective date of any reduction in or can- cellation of the policy. For mortgages purchased in whole by the FHLMC, the mortgage clause in each insurance policy must be properly endorsed, and there must have been given necessary notices of transfer, and any other action required to be taken must have been taken, in order to fully protect, under the terms of the policy and applicable law, FHLMC's interest as first mortgagee (first beneficiary). Seller must cause all insurance drafts, notices, policies, invoices, and all similar documents to be delivered directly to servicer, regardless of the manner in which the mortgagee clause is endorsed. If Seller causes FHLMC to be named as first mortgagee (first beneficiary), Seller must cause servicer's address to be used in the endorsement in lieu of the address of FHLMC. Section 14.04. The following additional provisions are included to expedite FHLMC or any other type of financing: Section 14.04.1. As first mortgagee, upon request, is entitled to written notification from the Association of any default in the performance by the individual Owner-Borrower of any obligation under the constituent management documents which is not cured within sixty (60) days. Section 14.04.2. Any first mortgagee who obtains title to a Unit pursuant to the remedies provided in the mortgage, or foreclosure of the mortgage, or Deed (or assignment -38- 401 (7 in lieu of foreclosure), will be exempt from any "right of first refusal" contained in the constituent management docu- ments. Section 14.04.3. Any first mortgagee who obtains title to a Unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for such Unit's unpaid dues or charges which accrue prior to the acquisition of title to such Unit by the mortgagee. Section 14.04.4. Unless at least seventy-five per- cent (75%) of the first mortgagees (based upon one vote for each first mortgage owned) or Owners (other than the sponsor, developer or builder) of the individual Units in the Project have given their prior written approval, the Association shall not be entitled t: Section 14.04.4.1 By an act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Units in the project. Section 14.04.4.2 change the method of deter- mining the obligations, assessments, dues or other charges which may be levied against a Unit Owner. Section 14.04.4.3 By act or omission, change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining-to the architectural design or the exterior appearance of lots and improvements thereupon, the exterior -39- 0 ~ S maintenance of improvements, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the Project. Section 14.04.4.4 Fail to maintain fire and extended coverage on insurable Common Area property on a current replacement cost, based on an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost). Section 14.04.4.5 Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement, or reconstruction of such Common Area property. Section 14.04.5. First mortgagees shall have the right to examine the books and records of the Association or any other entity which owns the Common Area property. Section 14.04.6. First mortgagees' of Units may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area property and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Area property and first mortgagees making such payments shall be owed immediate reim- bursement therefor from the Association. Entitlement to such reimbursement is reflected in an agreement in favor of all first mortgagees of Units in the Project duly executed by the Association, and an original or certified copy of such agree- ment is possessed by Seller. -40- Section 14.04.7. No provision of the constituent management documents gives an Owner, or any other party, priority over any rights of first mortgagee of Units pursuant to their mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of Common Area property. Section 14.04.8. Association dues or charges shall include an adequate reserve fund for maintenance, repairs and replacement of those elements of the Common Area property that must be replaced on a periodic basis and are payable in regular installments rather than by special assessments, to be called the Maintenance Fund. Section 14.04.9. All Common Area property which is regarded as part of the value of a Unit in the project for pur- poses of the appraisal upon which the mortgage loan is predi- cated. (such as parking, recreation and service areas) are fully installed, completed and in operation for use by Owners. Owners have a right to enjoyment of the Common Area property and such property is owned in fee by the Owners or in an acceptable leasehold estate, or easement granted to the Owners. The Common Area property was conveyed to the Owners except for any easements granted for public utilities or for other public purposes consistent with the intended use of the property in the Project. S -41- c7 ki I "S Section 14.04.10. The Project has been created and is existing in full compliance with requirements of the juris- diction in which the Project is located and all other applicable laws. Section 14.04.11. Notwithstanding the provisions for the assessment to be paid by Declarant, Declarant shall pay assessments only on completed Units. Section 14.04.12. Any agreement for professional management of the Project, or any other contract providing for services by the developer, sponsor or builder, must provide for a termination by either party without cause or payment of a termination fee on ninety (90) days or less written notice and a maximum contract term of three (3) years. Section 14.04.13. The granting of easements for public utilities or for other public purposes, consistent with the intended use of such Common Area property by the Owners and the Association, shall not be deemed a transfer within the meaning of this clause. ARTICLE XV INTERPRETATION Section 15.00. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a condominium project. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provisions or any other provision hereof. -42- 0 S . ARTICLE XVI LIMITATION OF LIABILITY Section 16.00. The liability of any Owner for performance of any , of the provisions hereof shall terminate upon sale, trans- fer, assignment, or other divestiture of said Owner's entire interest in his or her Unit with respect to obligations arising hereunder from and after the date of such divestiture. ARTICLE XVII • MISCELLANEOUS Section 17.01. The plural shall include the singular, and the masculine the feminine when required for interpretation. Section 17.02. Any Owner may, at any time during business hours, at his own expense, cause an audit or inspection to be made of the books and records of the Board of Directors. Section 17.03. Except as otherwise provided herein, the provisions of this Declaration, before the closing of title on the first Unit, shall be amended by the Record Owners of the Properties. Thereafter, it may be amended by an instrument in writing signed and acknowledged by Record Owners holding seventy- five percent (75%) of the total vote hereunder and, if otherwise required by law, with the consent of the Department of Real Estate, the Amendment to be effective upon recordation at the office of the Recorder of San Diego County, California. Section 17.04. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. -43- c9 01 IN WITNESS WHEREOF, t e undersigned, being the DECLARANT herein, has hereunto set its hand and seal this day of , 1989. DECLARANT: JOSEPH CAFARELLA CLEMENTINE CAFARELLA - 44 - 141 EXHIBIT "A" LEGAL DESCRIPTION LOT 214 OF LA COSTA SOUTH UNIT NO. 3, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6533, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 3, 1969. - 45 -