STONEYBROOK VILLAS OWNERS ASSOCIATION

________________________________________________

 

June 29, 2007

 

Re:  Proposed Balcony Rules

 

Dear Community Member:

 

Pursuant to Civil Code 1357.130, the Board of Directors will be considering the attached operating rule revision, with regard to the balconies in the Community.  The italics reflect revisions while words with lines through them reflect current phraseology to be removed.  Discussion regarding these changes will be held at the Board of Directors meeting scheduled for August 15, 2007 at 6:00 p.m. at the onsite Clubhouse.

 

The Rule revisions include, but are not limited to penetration of surfaces and storage containers as well as recreational items and smoke and fumes.

 

If you wish to make any written comments on this proposed operating rule, please indicate your comments in the space designated below and return it to the Association’s onsite office so it can be delivered to the Board prior to the Board Meeting.  Alternatively, if you can attend the Board Meeting, your constructive comments will be considered by the Board of Directors prior to making a decision on the proposed rule change.

 

Please return this form to the onsite office no later than the date of the meeting.  Please date, identify your unit address, print your name and sign this form.  Anonymous/unsigned comments will not be considered.

 

I/We comment on the proposed operating rule change as follows: ___________________

 

(Please attach additional pages as needed)

 

____________________________                __________________________________

Date                                                                 Print Property Owner’s Name

 

____________________________                __________________________________

Property Address                                             Property Owner’s Signature

 

 

 

 

STONEYBROOK VILLAS OWNERS ASSOCIATION

PROPOSED BALCONY RULES

(Italics shows new wording and strikethrough shows deleted words)

To Be adopted on August 15, 2007

 

10.1 Balconies. The purpose for balcony rules is two-fold:

 

      a. Esthetics:   Balconies (exclusive use common areas) are an extension of the individual condominium living space. The Owners’ Association encourages owners to furnish the balcony in a manner consistent with an outdoor living area and not predominantly as a storage area.

 

      b. Protection:  Balcony rules also promote the preservation and protection of Association property.

 

10.1.1 Balcony Rules for Personal Property:

 

10.1.1.1 Plant Containers: Plant containers may only be placed on the floor of the balcony or on a decorative outdoor open metal plant rack, which may extend higher than the balcony rail.

 

10.1.1.2 Wooden Railings: To prevent rot and termite damage plant containers may not be attached to, or placed upon the wooden balcony railings.  Personal property may not be placed on, within, or hung from a balcony or a balcony rail, except in accordance with these following rules.

 

10.1.1.3 Hanging Containers:  First and second floor residents balconies may securely anchor hanging containers from the wooden railing posts of the units balcony above them.  Third floor units may not hang items from the stuccoed ceiling.

 

10.1.1.4 Penetration of Surfaces:  Penetration of the Association’s walls for any purpose, including the mounting or hanging of plants, is not allowed is permitted only with the approval of the Architectural Committee using the appropriate form. The form requires that the owner sign an assurance to prevent air and moisture entering through the opening, as well as an assurance that the area will be returned to its intact condition at the time the unit changes ownership.

 

10.1.1.5 Containment of Water:  Plant containers must have provisions (such as saucers) for containing ALL runoff from containers must be placed on saucers or inside containers in order to prevent dripping or and splashing from the balcony onto neighbors or garages properties below, such as balconies or cars. Water must not be allowed to stagnate in the containers.

 

10.1.1.6 Offensive Appearance:  Plants visible from the exterior may not have offensive appearance (for example, no dead plants are permited). Dead plants are not permitted.

 

10.1.2  Balcony Storage:

 

10.1.2.1 Recreational Items:  Storage of recreational items such as surfboards, bicycles, and gym equipment is permitted on a balcony as long as they are stored below the top rail of the balcony. No other storage is permitted on a balcony, including, but not limited to, boxes, barbecues, tires, ladders, cleaning supplies (such as mops), garbage, trash cans, appliances (such as refrigerators), etc.  No storage cabinets are permitted on a balcony.  Storage of recreational items such as bicycles, boats of any kind or gym equipment is prohibited. Surfboards are permitted. Chimineas are permitted for decorative purposes only. Also prohibited are trash cans, mops, cleaning utensils, appliances such as barbeques, and refrigerators.

 

10.1.2.2 Storage containers:   In keeping with above purpose of balcony rules some storage is permitted. Storage containers must be of weather resistant patio outdoor materials such as cedar, teak, bamboo, or Rubbermaid.  Containers in the form of benches and seats are encouraged. Storage containers may not cover more than 20% of the flooring area, must be lower than the top balcony rail and must be placed in a manner that does not block ingress or egress from the balcony doors.  See office Manual for examples of styles, materials, and vendors.

 

10.1.3 Balcony Furniture:  Patio furniture is permitted on a balcony but not furniture that is intended for indoor use such as dinettes, wood indoor tables, etc.  In order to present an esthetically pleasing image to the view from the common areas, the Association encourages the placement of outdoor patio furniture that reflects an extension of the living space. Patio furniture, made from weather resistant materials, and of pleasing appearance is encouraged. Examples and sources are shown in the office manual. Indoor furniture is not permitted on the balcony.

 

10.2 Balcony Floor Covering:

 

10.2.1 Material Affixed to Balcony Floor: No indoor/outdoor carpet or any other material may be affixed to a balcony without the prior written approval of the Board. Indoor or outdoor carpeting is permitted as long as it is not attached or glued to the balcony deck surface. Any other material that is to be affixed to the balcony floor requires prior written approval of the Board. The Association is not liable for removal or replacement costs of any surface material placed on the membrane.

 

            10.2.2  Balcony membrane maintenance: All specifications for tolerance levels of the membrane are referenced in the Office Manual. The balcony membrane may not be penetrated for any reason. Any penetration may cause moisture to enter, which would cause rotting of the underlying structures. The owner is responsible for keeping the membrane intact. If a sign of deterioration occurs, the owner is responsible for getting the membrane checked by Association maintenance staff (through the office). Upon inspection, the membrane will be repaired or replaced as necessary through the Association’s contractors and at the Association’s expense.

 

            10.2.3 First floor Balcony Floors:  Upon inspection of the membrane condition and Architectural Committee approval, owners of first floor units may hire at their own expense specified contractors to install stamped concrete or tile flooring above the membrane.  The owners choosing to cover the membrane on any floor become responsible for failure of the membrane.

 

10.3     Balcony screening:  Balcony screening is permitted, at this time, for a one year period only from the time of adoption of this rule as a trial measure.  See Office Manual for the type and color of the permitted screening for the balcony railing. The material must be placed between the lower and upper stringers of the railing, and it must be affixed with staples. One green single layer of material is permitted. The owners are responsible for removal and replacement of the balcony screening for Association maintenance.

 

10.4.0  Hanging or shaking:  No articles may be hung, suspended or shaken from a the balcony (for example, no towels, bathing suits, rugs, wet suits, etc), such as towels, bathing suits, wet suits or rugs.

 

            10.4.1 Throwing or discarding items: It is prohibited to throw or discard any item from the balcony, as well as to blow or sweep debris, dirt or trash off the balcony deck. The balcony deck must be swept or vacuumed prior to washing on patio washday.

 

10.5     Shades or Blinds. No shades or blinds may be hung from a balcony or a roof overhang. It is prohibited to suspend or affix shades or blinds from the roof or overhang of the balcony.

 

10.6   Balcony Lighting: Approved light fixtures may be installed only in accordance with Association specifications contained in the Office Manual-approved models. The Office Manual contains the current specifications.

 

10.6.1 Holiday Lighting: No light fixtures may be installed on a balcony except (i) Board-approved light fixtures and (ii) Christmas lights installed no sooner than the first day after Thanksgiving Day each year and removed no later than January 15 each year.  Holiday lights may be placed no sooner than November 15th day, and must be removed by January 15^th.

 

10.7 Smoke Fumes and Ashes:  Smoking is permitted on the balcony as long as cigarette waste is contained in a closed ashtray, and as long as the cigarette smoke does not present a nuisance to any neighbor.

 

10.8     Appliances:  Barbeques, grills, fuels or gas heaters, or any other appliances or combustibles or flammables which may present a fire hazard, are prohibited on balconies.