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ASSOCIATION RULES (9-26-2001) (A reformatted and renumbered version of these Rules is available here) 1. PURPOSE. 2. DEFINITIONS. 3. ADOPTION. 5. NONPAYMENT OF ASSESSMENTS [CC&Rs, Article IV and the Association’s Assessment Collection Policy]. 6. REPAIR AND MAINTENANCE [CC&Rs, Article VI]. 7. COMMERCIAL USE [CC&Rs, Article X, Section 2]. 8. SIGNS [CC&Rs, Article X, Section 3]. 9. OFFENSIVE ACTIVITY [CC&Rs, Article X, Section 4]. (Amendment approved by Board 10/29/2008 subject to being reviewed by counsel and then published to membership. This amendment is not effective due to failure to deliver to every member within 15-days of its adoption by the Board). 10. BALCONIES [CC&Rs, Article X, Section 4]. (Amended 8/14/2004 - See PLANT PLACEMENT 8/14/2004) 11. ILLEGAL ACTIVITIES [CC&RS, Article X, Section 4]. 12. PARKING [CC&Rs, Article X, Section 6, and Article XVII, Section 2]. 13. GARAGES AND PARKING AREA [CC&Rs, Article X, Section 7]. 14. EXTERNAL FIXTURES [CC&Rs, Article X, Section 8]. 15. WINDOW COVERS [CC&Rs, Article X, Section 9]. 16. ELECTRONIC TRANSMITTING EQUIPMENT [CC&Rs, Article X, Section 10]. 17. EXTERNAL LAUNDRYING [CC&Rs, Article X, Section 11]. 18. UNSIGHTLY ITEMS [CC&Rs, Article X, Section 12]. 19. ANIMALS [CC&Rs, Article X, Section 14]. (Superseded 9/17/2003 - See ANIMALS 9/17/2003) 20. CHILDREN [CC&Rs, Article X, Section 15]. 21. STRUCTURAL ALTERATIONS AND INTEGRITY [CC&Rs, Article X, Section 16]. 22. MAXIMUM NUMBER OF OCCUPANTS [CC&Rs, Article X, Section 17]. 23. USE OF RECREATION ROOM AND RECREATIONAL EQUIPMENT [CC&Rs, Article X, Section 18]. (Superseeded 8/20/2008 - See Use of Clubhouse, Recreational Facilities and Equipment.) 24. GUESTS AND OWNERS NOT IN POSSESSION OF A UNIT [CC&Rs, Article XI, Section 1(a)]. 25. COMMON AREA [CC&Rs, Article XI, Section 1(b)]. (Superseded 9/17/2003 - See COMMON AREA 9/17/2003) (Added NO SMOKING AREAS 10/12/2004) 26. POOLS AND SPAS. (Superseded 11/17/2004 - See POOLS AND SPAS 11/17/2004) 27. TENNIS COURTS. 28. LEASES [CC&Rs, Article XVI, Section 16]. 29. FINES AND PENALTIES AND ENFORCEMENT OF VIOLATIONS. (Superseded 7/14/2004 - See Violation and Fine Policy) Added 2/15/2006 - See VENDOR / CONTRACTOR RULES 31. SAFETY AND SECURITY RULES PDF VERSION (Adopted 10/25/2006) Added 6/15/2006 - See ELECTION RULES 6/15/2006 Added 6/6/2008 - See GYM RULES (Adopted 5/21/2008) Added 6/27/2009 - See SATELLITE
DISH AND ANTENNA POLICY (Adopted 6/17/2009) STONEYBROOK VILLAS OWNERS ASSOCIATION Rules and
Regulations
(9/26/2001) 1. PURPOSE.The
purpose of the following Rules and Regulations (the “Association Rules”) is to
keep the Association’s environment enjoyable.
Membership in the Association and residency at Stoneybrook carries with
it a pride of belonging and a responsibility to neighbors. However, everyone’s support and cooperation
is necessary. Adherence to these
Association Rules is essential to maintain Stoneybrook’s standards. The Association will take appropriate action
for continued violation of the Association Rules to the detriment of
others. Any questions concerning the
Association Rules should be directed to the Association’s on-site management
office located in the clubhouse. TableOfContents 2. Definitions.All
capitalized terms in these Association Rules not otherwise defined shall have
the same meanings as in the Declaration of Covenants, Conditions, and
Restrictions (the “CC&Rs”), the Articles of Incorporation, and the Bylaws
of the Association (collectively, the “Governing Documents”). The
term “Stoneybrook” refers to the Project as defined in the CC&Rs. The
term “Tenant” refers to the lessee(s) to whom an Owner leases a Unit. The
term “Occupant” refers to any Owner, Tenant, or other person who permanently
occupies a Unit for more than 30 days in any calendar year. [CC&Rs, Article X, Section 17] If a Unit is not occupied, the Owner shall be
considered the Occupant. The
term “Guest” refers to an Occupant’s invitee who is not an Occupant. TableOfContents 3. Adoption.
The
Association’s Board has adopted these Association Rules under the authority of
Article V of the CC&Rs entitled “Duties and Powers of the Association.” These Association Rules do not amend or
supersede 4. Scope and Responsibility.
These
Association Rules apply to all Owners, Tenants, Occupants, and Guests. However, each Owner is responsible and
accountable for all actions of that Owner’s Tenant(s), Occupant(s), and/or
Guest(s). For ease of reference, the
Association Rules are arranged in approximately the same sequence that they
appear in the CC&Rs. TableOfContents 5. NONPAYMENT OF ASSESSMENTS [CC&Rs, Article IV and the Association’s Assessment Collection Policy].An
Owner’s obligation to pay Assessments and the Association’s right to collect
Assessments is governed by Article IV of the CC&Rs and the Association’s
Assessment Collection Policy as established by the Board from time to
time. TableOfContents 6. REPAIR AND MAINTENANCE [CC&Rs, Article VI].Each
Owner is responsible at that Owner’s sole cost and expense to: (a)
maintain, repair, replace, and restore that Owner’s
Unit, including the interior walls, ceilings, floors, and doors in a clean,
sanitary, and attractive condition; (b)
repair and replace all window glass for that Owner’s
Unit and be responsible for the interior and exterior cleaning of the window
glass; (c)
maintain in an open and unobstructed condition all
water, sewer, and drainage pipes and lines which serve only that Owner’s Unit
between the points at which they leave the pipes and lines serving more than
one Unit to serve only that Owner’s Unit and the points at which they rejoin
the pipes and lines serving more than one Unit; (d)
maintain, replace, repair, and restore the water
heating, air conditioning and heating equipment which serves that Owner’s Unit; (e)
maintain surface areas (other than exterior building
surfaces) bounding all elements of that Owner’s Unit, including balconies. All
wiring from the junction where it divides to serve a Unit is considered that
Unit Owner’s responsibility for repair and maintenance. For any Unit that has a fireplace, that Unit
Owner is responsible for the repair and maintenance of the gas line which
serves the fireplace and the cost of gas determined from the gas meter serving
that Unit. The
Association will replace or repair any balcony rail that becomes
termite-infested if the Board determines the infestation could spread to other
Common Area for which the Association is responsible. TableOfContents 7. COMMERCIAL USE [CC&Rs, Article X, Section 2].Except
with the Board’s approval, no portion of Stoneybrook, including any Unit, shall
be used for any business, commercial, manufacturing, mercantile, storing,
vending, or any nonresidential purposes except that an Owner may lease that
Owner’s Condominium in compliance with the Governing Documents. TableOfContents 8. SIGNS [CC&Rs, Article X, Section 3].No
sign shall be displayed in public view anywhere in Stoneybrook without the
written permission of the Board. A sign
includes any pamphlet, announcement, or other graphic media. An
Owner or Occupant may post a notice or notices on any bulletin board which the
Association has provided throughout the Common Area, however any such notice
must meet the following requirements:
The notice must not be larger than 3” x 5” and must be dated. The notice must be removed after one
month. The notice must not be used as a
forum for resolving complaints with another Owner or Occupant. The Association shall remove any notice which
does not meet these requirements. An
Owner may display one advertisement “FOR SALE” or “FOR LEASE” of that Owner’s
Unit on the board at the Stoneybrook entrance on (a)
The design, size, and content of the advertisement
complies with Stoneybrook’s requirements as established from time to time. (b)
The Owner gives the Stoneybrook on-site management
office at least 24 hours prior notice to prepare the advertisement. (c)
The advertisement describes the Owner’s Unit only as a
1-bedroom, 2-bedroom, or 2-bedroom plus den. (d)
The Owner gives the Stoneybrook on-site management
office notice to remove the advertisement within 24 hours after the Owner’s
Unit is sold or leased, as the case may be. (e)
An advertisement “FOR SALE” shall be removed after 90
days. An advertisement “FOR LEASE” shall
be removed after 30 days, but may be renewed with the on-site management office
for additional 30-day periods by completing a new advertisement card at the
Association’s management office. A
lock-box for entry to a Unit is permitted on that Unit’s door only. A lock-box for entry to the Common Area is
permitted on the Association’s main gate only.
TableOfContents 9. OFFENSIVE ACTIVITY [CC&Rs, Article X, Section 4].No
person shall carry on any noxious or offensive activity at Stoneybrook or do
anything which might be or become a danger, annoyance, or nuisance to any
Occupant, which in any way interferes with the rights of quiet enjoyment of any
Occupant, or which in any way increases the rate of any insurance. Musical
devices in any common area (pools, gym rooms, tennis courts, etc.) must be used
with an earphone device. Noise
from a Unit (such as a TV, radio, stereo, party, etc.) must be kept at a
reasonable level at all times. The
maximum level of loudness for playing of a personal stereo in a unit is 65 dbA
or 70 dbC, as determined by a sound expert.
Consideration of your neighbors will enhance the enjoyment and tranquillity
of everyone in the community. No
live music is permitted at Stoneybrook without prior written Board approval. TableOfContents 10. BALCONIES [CC&Rs, Article X, Section 4].Personal
property, including plants and barbecue equipment, may not be placed on,
within, or hung from a balcony or a balcony rail, except in accordance with the
following rules: Plant
cabinets and/or plant shelves may be anchored inside a balcony rail provided
they do not exceed the height of the rail.
Plants may be hung from above a balcony as long as they are anchored to
wood. Any plants on a balcony which are
visible from the exterior must not have an offensive appearance (for example,
no dead plants are permitted). (Superseded 8/14/2004 - See PLANT
PLACEMENT 8/14/2004) 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. Patio
furniture is permitted on a balcony but not furniture that is intended for
indoor use such as dinettes, wood indoor tables, etc. No
indoor/outdoor carpet or any other material may be affixed to a balcony without
the prior written approval of the Board. No
article may be hung or shaken from a balcony (for example, no towels, bathing
suits, rugs, wet suits, etc). No
shades or blinds may be hung from a balcony or a roof overhang. 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. TableOfContents 11. ILLEGAL ACTIVITIES [CC&RS, Article X, Section 4].No
Owner or Occupant shall engage in any activity at Stoneybrook which is in
violation of any law, ordinance, statute, rule, or regulation of any local,
county, state, or federal body. Anyone
who suspects illegal behavior and/or substances should contact the proper legal
authority, not the Association. Illegal
activities are beyond the authority of the Association. TableOfContents 12. PARKING [CC&Rs, Article X, Section 6, and Article XVII, Section 2].No
boats, campers, trailers, or other similar items may be parked or placed in
Stoneybrook except for less than 12 hours for loading or unloading purposes to
prepare for a trip. The
term “Vehicle” refers to any passenger automobile, motorcycle, or bicycle. No
Vehicle shall remain at Stoneybrook except an Occupant’s Vehicle parked within
a parking space assigned to the Unit in which that Occupant resides or a space
which that Occupant rents from another Occupant. No Vehicle shall be parked in a manner that
impedes ready access to another Occupant’s parking space. Every Vehicle parked at Stoneybrook must have
a registration sticker issued by the Association displayed in the lower corner
of the driver-side windshield, otherwise the Vehicle may be towed at the
owner’s expense. Temporary
parking to furnish goods and services to the Association or to Occupants or for
loading and unloading purposes is permitted if it complies with the CC&Rs. No
Guest parking is allowed at Stoneybrook except at the main entrance, which is
for Guests only, not Occupants. An
Occupant’s Vehicle parked in the Guest parking will be ticketed by the
Association and may be towed at the Occupant’s expense. Any Vehicle parked in the Guest parking for
more than 24 hours may be towed at the owner’s expense. No
inoperable Vehicles (those with flat tires, old registration, etc.) are allowed
at Stoneybrook and may be towed at the owner’s expense. Any
Occupant desiring to tow a Vehicle from that Occupant’s parking space must do
so at that Occupant’s own expense and arrange to recover that expense from the
Vehicle’s owner. Every
Occupant shall provide the Association with all information which the
Association may deem necessary concerning that Occupant’s Vehicle and parking
space to be maintained in the Association’s occupancy ledger. TableOfContents 13. GARAGES AND PARKING AREA [CC&Rs, Article X, Section 7].Parking
spaces are for Vehicles only. Storing
furniture, tires, batteries, gasoline cans, flammable substances, or hazardous
substances within garages and parking areas is strictly prohibited. Storing
other household goods within garages and parking areas is also prohibited,
except in storage units which the Board has approved in writing. Garage
gates shall not remain open except to enter and exit. All
signs shall be obeyed. All red-painted
curbs are “No Parking” zones. Any
Vehicle parked in a “No Parking” zone may be towed by the Association at the
Vehicle owner’s expense. No
racing of engines or speed exceeding 10 mph is permitted at Stoneybrook. No
mechanical repair on any Vehicle is permitted at Stoneybrook. This includes oil and filter changes, and
washing a Vehicle. No
Occupant shall sound the horn on any Vehicle at Stoneybrook in violation of the
Vehicle Code. No Occupant shall have a
security device on a Vehicle set so unreasonably sensitive that it creates an
audio nuisance. Any
violation of the above may result in towing.
A
bike room is available for Occupants to store their bicycles. Arrangements shall be made with the on-site
manager. The bike room shall not be used
for storing any motorized vehicle or any flammable or hazardous substance such
as gasoline. Any Occupant who uses the
bike room shall pay a security deposit for a key to the bike room and an annual
usage fee, in such amounts as the Association’s Board may establish from time
to time. TableOfContents 14. EXTERNAL FIXTURES [CC&Rs, Article X, Section 8].No
external items shall be constructed, effected, or maintained anywhere within
Stoneybrook without the written approval of the Board. “External items” include, but are not limited
to, television and radio poles and antennae, flag poles, clotheslines, wiring,
insulation, air-conditioning equipment, water softening equipment, fences,
awnings, ornamental screens, screen doors, porch or patio or balcony
enclosures, sunshades, walls, landscaping, and planting. The
Board has approved flag mounts provided they are placed only on the wooden
trim. The flag may not exceed 3 feet by
5 feet in size or interfere with other units.
Flags may not be mounted for real estate purposes or be of a permanent
nature. Any
Owner desiring to install a satellite dish shall submit an application as
prescribed by the Association with a proposed plan prepared by a licensed
contractor for the consideration of the Association’s architectural committee. TableOfContents 15. WINDOW COVERS [CC&Rs, Article X, Section 9].Only
curtains, drapes, shades, shutters, and blinds may be installed as window
coverings within a Unit. All portions of
a window covering visible from the exterior shall be white, off-white, or
neutral in color. No window shall be
covered by paint, foil, sheets, paper, or similar items. TableOfContents 16. ELECTRONIC TRANSMITTING EQUIPMENT [CC&Rs, Article X, Section 10].No
electronic transmitting equipment shall be installed, maintained, or used
within Stoneybrook without the written approval of the Board. TableOfContents 17. EXTERNAL LAUNDRYING [CC&Rs, Article X, Section 11].No
external laundering or drying of clothing or other items is permitted without
the written approval of the Board. No
washers or dryers are permitted in any Unit.
Plumbing regulations of the City of 18. UNSIGHTLY ITEMS [CC&Rs, Article X, Section 12].All
weeds, rubbish, debris, or unsightly materials or objects of any kind shall be
regularly removed from Units and shall not be allowed to accumulate
therein. Refuse
containers and woodpiles, and machinery and equipment not a part of Units,
shall be prohibited upon any Unit unless obscured from view of adjoining
Units. Trash
and garbage not disposed of by equipment contained within Units shall be placed
in containers by Occupants for removal from Stoneybrook as follows: trash and garbage being transported from any
Unit to a trash chute shall be contained in such manner that no trash, garbage,
liquids, or any portions of any such items shall fall upon the hallway or clog
the trash chute. It is recommended that
the garbage be tied tightly in plastic bags to avoid the above. TableOfContents 19. ANIMALS [CC&Rs, Article X, Section 14].The Owner or Owners of a Unit may keep one
pet within that Unit. The term “pet” means a domesticated bird,
cat, dog, or aquatic animal kept within an aquarium, but no other animal. Any time the pet is outside of the Unit and
within any Common Area of the Association, the responsible Owner shall keep the
pet on a leash, in a carrier, or restrained by other similar means that ensures
control over the pet. The Owner shall
not permit his or her pet to soil any portion of the Common Area and shall be
responsible for immediately cleaning up any soiling that occurs. The Owner shall be responsible for his or her
pet’s compliance with all noise restrictions in these Association Rules. The Owner shall not permit his or her pet to
track visible dirt or other debris inside the Common Area buildings. No pet shall be permitted in the clubhouse,
gym, Common Area restrooms, laundry rooms, tennis courts, pool areas, barbecue
areas, or on any greenbelt at any time. The Owner of any pet
shall comply with all laws and ordinances relating to leashes, licensing, and
other similar regulatory requirements.
The Owner shall not permit his or her pet’s behavior to constitute a
public or private nuisance within Stoneybrook.
The Owner shall be responsible for any and all injury or damage caused
by his or her pet or the Owner’s failure to properly control and restrain the
pet. This section is intended to comply
with Civil Code, section 1360.5, or successor statute.[1] TableOfContents 20. CHILDREN [CC&Rs, Article X, Section 15].The
Association does not permit, endorse, or authorize the unlawful discrimination
or harassment of children (meaning persons under 18 years of age). Each Owner or Occupant shall be accountable
to all other Owners and Occupants for the conduct of any child of the former
while within Stoneybrook. Each adult
Occupant is responsible for supervising his or her child or children of any age
within the Common Area; the Association is not responsible and does not provide
such supervision. For health and safety
reasons, all children under the age of 14 must be accompanied by an adult
Occupant to use any of the recreational facilities such as the pools,
recreation room, gym room, barbecues, and general Common Area. TableOfContents 21. STRUCTURAL ALTERATIONS AND INTEGRITY [CC&Rs, Article X, Section 16].No
interior or exterior structural change is permitted within a Unit without the
written approval of the Board of Directors.
Nothing shall be kept within a Unit which might impair the structural
integrity of any building or other structure.
This shall not prohibit an Owner from decorating the interior of his or
her Unit. A
“structural change” is defined as (i) any alteration or modification to any
wall, subfloor, or ceiling component within a Unit, regardless of whether or
not it contains electrical or plumbing connections or is part of a bearing
wall, and (ii) any electrical or plumbing modification that affects a Common
Area. For example, an Owner may not
erect a wall to convert a 2-bedroom unit with a den to a 3-bedroom unit without
written Board approval. A structural
change does not include a room divider that is not a wall, a change in flooring,
a cupboard, a countertop, an electrical or plumbing modification that affects
only that Owner’s Unit, or any alteration which is solely decorative in nature
and does not affect the structural integrity of the building or other
structures. No
exterior painting or alteration of any common area or exclusive use common
area, patio, fence, or garage area is permitted without the written approval of
the Board of Directors. No
door or door handle to a Unit shall be altered or modified, but various locks
may be installed in the door as long as the door looks from the hallway the
same as the original installation. All
keys to a Unit, the mailbox which services that Unit, or the Common Area for
use by any Occupant(s) of that Unit are the responsibility of the Owner of that
Unit. Any
request to make a structural change must be submitted in writing to the Board
of Directors with a sketch of the proposed structural change. The request must be submitted in sufficient
time to permit the Board to direct the request to the Association’s
Architectural Committee for review. TableOfContents 22. Maximum Number of Occupants [CC&Rs, Article X, Section 17].The
occupancy of a 1-bedroom Unit shall not exceed 2 persons. The
occupancy of any other Unit shall not exceed 4 persons. All
Occupants, whether adults or children, shall be registered with the Association
on the Association’s occupancy ledger. TableOfContents 23. USE OF RECREATION ROOM AND RECREATIONAL EQUIPMENT [CC&Rs, Article X, Section 18].Any
Occupant of a Unit may reserve Stoneybrook’s recreation room (also known as the
“clubhouse”) for that Occupant’s exclusive use, provided (i) the Owner of the Unit
is not delinquent in any assessments or fines owed to the Association and (ii)
the Occupant (and the Owner of the Unit if other than the Occupant) signs the
Association’s Clubhouse Reservation Form and submits it to the Association’s
on-site management office with a deposit payable to the Association in such
amount as the Board of Directors may establish from time to time. The deposit will be waived for one usage per
calendar year per Owner. Although
prior approval of the Association’s Board is not required to reserve the
clubhouse, the Association’s Board reserves the right to decline any request. Therefore, a request may take as long as a
full month to process because the Board meets regularly only once a month. If the request is denied, the deposit will be
returned. If the request is approved,
the deposit will become the property of the Association and may be deposited in
the Association’s bank account. The
Owner who signs the reservation form shall be responsible for any and all
damages or liability, whether caused to the Common Area or otherwise, by any
person attending an event reserved by the Owner’s signature. The Owner shall indemnify and hold harmless
the Association and its agents, employees, officers, and directors, from and
against all actions of any person attending an event reserved by the Owner’s
signature. The Association will inspect
the clubhouse after each use. The
Association may use the deposit to reduce any damages or liability that the
Association discovers after the inspection, including security and
cleaning. Any portion of the deposit
that is not used to reduce the Association’s damages or liability shall be
returned to the person who makes the deposit.
The Association may take up to a full month to return the deposit or any
portion thereof in order to allow time to inspect the clubhouse after the
party. Reservation
of the clubhouse includes the upstairs interior area where the kitchen and pool
table are located. It does not include
the television room unless separately requested on the reservation form. However, the television room may not be
reserved for exclusive use if it has been previously reserved pursuant to these
Association rules on a non-exclusive basis for the same date and time. In no event shall a reservation include the
Association’s offices, the gym, hot tubs, saunas, or any Common Area outside of
the clubhouse such as the pool or barbecue equipment. Reservations
shall be made on a first-come, first-served basis. No more than one event per day shall be
scheduled for the clubhouse without the prior written permission of the
Board. The days and times of reservation
shall be limited to any Sunday through Thursday from The
Board of Directors and any official committee appointed by the Board may
reserve the clubhouse for exclusive use at any time without completing a
reservation form. The
Owner who signs the reservation form need not attend the event. However, the Occupant who signs the
reservation form must personally be present at the event as host or hostess and
must have a copy of the reservation form at the event signifying the
Association’s approval of the event. Parties
with over 25 guests must hire a Board-approved guard service for the duration
of the event but not less than a minimum charge of four hours. The Association
must receive proof that the guard service has been reserved before the
Association will approve an event or provide a key to the recreation room. If the application states that there will be
fewer than 25 guests, but more than 25 guests attend, the Board may request a
hearing to impose a monetary charge for the guard service even though the guard
may already be on the premises. This is
to insure an orderly party and help prevent uninvited guests from “crashing the
party.” The Board reserves the right, in
its sole discretion, to require a guard for parties of less than 25 guests. All
music, whether or not amplified, must be declared in the application. Generally, no live or amplified music will be
approved. All
Guests attending an event at the clubhouse shall park outside of the Common
Area. Guests are not permitted to drive
inside the complex unless accompanied by the Occupant; this includes loading
and/or unloading, unless the Guest is using the Owner’s parking space. The Occupant should consider having guests
carpool due to limited parking along No
entrance gate to Stoneybrook shall be propped open at any time for arriving
Guests. The Occupant (or Owner, as the
case may be) who reserves the clubhouse, shall make arrangements for Guests to
enter Stoneybrook. Persons
using the clubhouse shall conduct themselves so that their actions will not be
offensive to others. Occupants are
responsible for the actions of their Guests. No
smoking, bare feet, or wet bathing suits are permitted in the clubhouse at any
time. Decorations
are permitted in the clubhouse and deck area if they cannot cause potential damage
to the property. No nails, thumb tacks,
or staples are permitted. No tape is
permitted on the wall paper. Bottles
and glassware are limited to use inside the clubhouse and on the upper patio
deck surrounding the clubhouse. The
Occupant or Owner, as the case may be, is responsible for removing glass from
these areas. If damage occurs, the Owner
and, if different, the Occupant shall be responsible. No
Occupant or Owner, as the case may be, shall directly or indirectly use the
recreation room for any commercial selling or fund raising activity without
prior approval of the Board. In
addition to these Association Rules, all instructions that may be posted in the
clubhouse shall be observed. All fire
and safety rules, as determined by the Long Beach Fire Department, shall be
adhered to at all times. All
clubhouse doors must remain unlocked during any reserved usage, and in the
evenings, lights must remain on. The
clubhouse door must remain closed during use to help deaden some of the
noise. Doors and windows shall be locked
and all lights turned off at the conclusion of use with the Occupant or Owner,
as the case may be, leaving the party last. All
party trash shall be disposed of in trash bins in the garage level of either
building 1 or 2. The clubhouse shall be
cleaned up to the same condition in which it was reserved. Failure to do so shall be subject to a fine
in such amount as the Association’s Board may establish from time to time. If
the Association receives notice of a violation of the clubhouse rules set forth
in this section, the following procedure shall be followed: (a)
A notice of hearing describing the alleged violation
shall be mailed to the Owner against whom the charge is made by first-class or
registered mail addressed to the Owner at his or her last address as reflected
in the Association’s records. The notice
shall set forth the date, time, and place on which the Board shall conduct a
hearing to consider the alleged violation and shall be mailed at least 15 days
before the hearing. (b)
A hearing shall be conducted with a panel of not less
than three individuals appointed by the Board who may or may not be members of
the Board. This panel may consist of the
Board itself sitting in executive session.
The Owner shall have the opportunity to present evidence in writing
and/or use any witnesses and/or bring legal counsel. The panel shall evaluate the evidence of the
alleged violation. (c)
Within 30 days after the date of the hearing, the Owner
shall be notified in writing of any fine or penalty to be imposed or levied, or
any decision to suspend voting privileges, or of any amount to be deducted from
the deposit, and the reasons for the decision. (d)
A fine or penalty of $50.00 may be imposed and deducted
from the deposit along with the actual costs incurred by the Association, such
as for clean-up. The
television room in the clubhouse may be reserved without a deposit on a
non-exclusive basis for viewing a specific program on the Association’s television
if the following conditions are met: (a)
Any combination of 3 or more Owners or Occupants notify
the Association’s on-site management office of their desire to view the same
program scheduled to be broadcast on a given date. (b)
The television room has not been previously reserved for
exclusive use of the clubhouse pursuant to these Association rules. (c)
Any Owner, Occupant, or authorized Guest is permitted to
attend and view the broadcast. (d)
Reservations shall be on a first-come, first-served
basis. Occupants
also may check out from the on-site manager certain recreational equipment
which the Association owns and maintains for use in and around the clubhouse,
such as pool table equipment. The
equipment may not be removed from Stoneybrook’s premises. All such equipment shall be returned to the
Association no later than the next business day after it is checked out. Failure to do so shall be subject to a fine
in such amount as the Association’s Board may establish from time to time. Although prior approval of the Association’s
Board is not required to checkout recreational equipment, the Association’s
Board reserves the right to decline any request. TableOfContents 24. Guests AND OWNERS NOT IN POSSESSION OF A UNIT [CC&Rs, Article XI, Section 1(a)].No
Unit may have more than 4 guests in the Common Area at a single time, including
the recreational facilities. This does
not mean 4 Guests per Owner or Occupant - only 4 Guests per Unit. Any adult guest who remains in a Unit
overnight with the permission of an Occupant of that Unit may use the Common
Area without being accompanied by an adult Occupant of the Unit. All other Guests must be accompanied in the
Common Area by an adult Occupant of the Unit at all times. Each Occupant is responsible at all times for
the actions of that Occupant’s Guests. TableOfContents 25. Common Area [CC&Rs, Article XI, Section 1(b)].The
cost of maintaining the Common Area depends on the care and consideration
exercised by each and every Owner, Tenant, Occupant, and Guest. If maintenance costs are high and the current
budget is not sufficient to meet those costs, Regular Assessments will have to
be increased. Any
damage to buildings, recreational facilities, equipment or any other Common
Area property, caused by an Owner, Tenant, or Guest or any family member,
employee, or contractor of the Owner, Tenant, or Guest, shall be at the expense
of that Owner. No
Owner, Occupant, or Guest is permitted on any roofs, walls, fences, gazebos, or
in the streams. Lawns
are for beauty and the viewing enjoyment of Occupants. The lawns shall not be used for frolicking or
playing, including any sports activities such as Frisbee, ball games, football,
etc. No
planting is permitted in the Common Area except with the Board’s written
permission. Use
of bicycles, tricycles, big wheels, skateboards, roller skates, or roller
blades anywhere within Stoneybrook, including in the hallways, is prohibited,
except for entering and exiting Stoneybrook along the back driveway. In
order to ensure safety and prevent smoke from disturbing others, no barbecues
are permitted in the Common Area except those provided by the Association. Any Owner, Occupant, Tenant, or Guest who
uses the Association’s barbecues is responsible for cleaning the grills after
each use. With
the exception of the pool areas during their hours of use, no sleeping is
permitted in the Common Area, including the clubhouse. Obstruction
of walkways, hallways, and/or entrance ways is prohibited. No personal property is permitted outside of
a Unit except while entering or leaving the premises. No
running is permitted in any hallways. All
doors throughout the Common Area shall remain closed at all times except for
ingress and egress. All doors to gates,
laundry rooms, gym room, bathrooms, bike rooms, and other similar Common Area
facilities also shall remain locked at all times. No
one shall leave water running unnecessarily because the Association pays for
the water used in every Unit and in the Common Area. A dripping faucet can waste hundreds of gallons
of water. A running toilet is even more
costly in both dollars and water use.
Excessive water use may cause an increase in Regular Assessments. No
smoking is permitted in any structure within Stoneybrook, except in an
individual Unit. No
flammable articles such as rags, papers, etc. shall be stored in water heater
closets or storage units. Explosives
or flammable fluids may not be stored in any Unit or Common Area. All federal, state and local laws must be
observed. No
Owner, Occupant, Tenant, or Guest shall borrow or remove any equipment or
property from the Common Area. No
soliciting by any Owner, Occupant, Tenant, Guest, or outside agent shall be
conducted within the complex. Insurance
claims submitted against the master policy by individual Owners for interior damages
and/or losses, will be sent to the Board for review before presentation to the
Association’s insurance carrier. TableOfContents 26. POOLS AND SPAS.WARNING: THERE IS NO LIFEGUARD ON DUTY IN THE POOL AND
SPA AREAS Pool
hours are State
law requires any child under age 14 who uses a swimming pool to be accompanied
by an adult. Also, the Association
Rules concerning children using the Common Area apply equally to the use of the
pools and spas. Each adult Occupant is
responsible for supervising his or her child or children of any age within the
Common Area; the Association is not responsible. No
person having an apparent skin disease, sores, or inflamed eyes, or any
communicable disease, shall use the pools. Intoxication
is prohibited. Any
person using the pools or spas shall shower before doing so. Diving
is prohibited. Swimming
trunks or swimming suits must be worn when in the pools or outdoor spas. No cut-off jeans, Levi’s, or diapers are
permitted. Infants must wear bathing
apparel with snug fitting leg openings. No
floats, toys, balls or foreign objects are permitted in the pools or spas, except
children’s safety flotation devices or physical therapy flotation devices. Goggles are permitted. The
use of glassware or glass bottles in the pool or spa areas is prohibited. No
boisterous or rough play or game-playing is permitted in the pool or spa
areas. Any noise above the level of
normal conversation is prohibited in the pool areas in order to not disturb
others. Parents are expected to enforce
this with their children. Anyone
who uses the pool or spa shall dry off before entering any building within
Stoneybrook. TableOfContents 27. TENNIS COURTS.The
following rules for the tennis courts are designed to maintain the courts for
the private use of those who are authorized to use them and to provide an equal
opportunity to all those persons. Tennis
courts are reserved for Stoneybrook Occupants and their Guests only. Occupants may have a maximum of three Guests
each, and the Occupant must be actively participating in the game. Due to the fact that non-Occupants and
uninvited individuals have used the tennis courts in the past, any individual
using the courts may be asked to establish that they are authorized to do
so. The Association requests that no one
be offended by such a request because it is in the best interests of those who
are authorized to use the tennis courts. The
tennis courts will be open from When
all tennis courts are in use and no court is available, the following procedures
shall apply: (a)
Players desiring to use a court shall sign up and wait
in turn. (b)
All players must be present and waiting when signing up
for a court. (c)
The first court available must be taken or the players
forfeit their place on the waiting list. (d)
Players are limited to one set of singles or two sets of
doubles. (e)
A 5-minute rally is permitted if playing sets. When not playing sets, the maximum rally time
is 30 minutes. (f)
A nine point tie breaker shall be played when the score
reaches six all. The
rules that are most often violated bear clarification: When play is in progress and other players
arrive at the tennis courts to play, a singles match will terminate when the
set in progress is completed, and a doubles match will terminate if in the
second set. Players shall not start a
new set in order to monopolize the court.
If two or three players wish to play together or an Occupant has three
Guests, they will abide by the singles rule OR the 30-minute rally time rule,
NOT BOTH! If a player is on the court,
that player cannot be considered as part of a match waiting to be played. Three players shall not take the court if
waiting for a fourth player. TableOfContents 28. Leases [CC&Rs, Article XVI, Section 16].Every
lease or rental agreement for a Unit shall be in writing and shall contain a
clause which states that: “This lease shall
be subject in all respects to the provisions of the Stoneybrook Villas Owners
Association’s Declaration of Covenants, Conditions, and Restrictions, Articles
of Incorporation, Bylaws, and Association Rules. Any failure by the lessee hereunder to comply
with the terms of the foregoing documents shall be a default under this lease.” Within
10 days after an Owner and his or her Tenant(s) sign a lease, the Owner shall
deliver a copy of the lease to the Association’s on-site management
office. The delivery of the lease to the
Association is necessary to register every Tenant’s and Occupant’s right to use
the Common Area. No Tenant shall receive
parking stickers, phone registration, or other privileges related to residency
at Stoneybrook until the Association’s on-site management office receives a
copy of that Tenant’s lease and the lease contains the clause required above. The
Owner is responsible for the Tenant’s compliance with the Governing
Documents. If
the Board conducts enforcement proceedings against a Tenant for violating the
Governing Documents and those proceedings result in a resolution demanding the
eviction of the Tenant, the Owner of the Unit where the Tenant resides shall
commence legal action against the Tenant, including an unlawful detainer action
within 10 days after receiving the Board’s written demand. If the Owner fails to do so, the Association
may institute such action on behalf of the Owner against the Tenant. The Owner shall reimburse the Association for
any and all expenses the Association incurs in connection with such legal
action, including attorneys’ fees and costs of suit. If the Owner fails to reimburse the
Association for such expenses within 10 days after the Association makes
written demand, the Association may levy a Special Assessment against the Owner
and his or her Unit for the expenses and may enforce the assessment in the
manner provided in the Governing Documents. No
Owner may lease less than his or her entire Unit. No Owner may lease his or her Unit for
transient or hotel purposes, which is defined as (i) rental for a period of
less than 30 days or (ii) any rental whatsoever if the Occupants of the Unit
are provided with customary hotel services such as room service for food and
beverages, maid service, the furnishing of laundry and linen, and bellboy
service. The
Owner of a Unit that is leased is responsible for any and all damage to the
Common Area caused by a Tenant while moving in or out of the Unit. EACH
OWNER OF A UNIT THAT IS LEASED IS RESPONSIBLE FOR SUPPLYING THAT OWNER’S
TENANT(S) WITH A COPY OF THESE RULES. TableOfContents 29. FINES AND PENALTIES AND ENFORCEMENT OF VIOLATIONS.Article
III, Section 8, of the Bylaws of the Association gives the Board of Directors
the authority to assess fines and penalties and take legal action for
violations of the CC&R’s, Bylaws, and/or Association Rules of this Association. Legal fees may be assessed against an Owner
who fails to comply. The Board may also
suspend voting privileges or other privileges of membership (such as reserving
the clubhouse) for the period during which any Assessment remains unpaid. The
following procedure will be followed in assessing fines and penalties or
suspending voting privileges: (e)
A formal notice of violation will be sent to the Owner
to correct any alleged violation. (f)
If the violation is not corrected, a notice of hearing
describing the alleged violation shall be mailed to the Owner against whom the
charge is made by first-class or registered mail addressed to the Owner at his
or her last address as reflected in the Association’s records. The notice shall set forth the date, time,
and place on which the Board shall conduct a hearing to consider the alleged
violation and shall be mailed at least 15 days before the hearing. (g)
A hearing shall be conducted with a panel of not less
than three individuals appointed by the Board who may or may not be members of
the Board. This panel may consist of the
Board itself sitting in executive session.
The Owner shall have the opportunity to present evidence in writing
and/or use any witnesses and/or bring legal counsel. The panel shall evaluate the evidence of the
alleged violation. (h)
Within 30 days after the date of the hearing, the Owner
shall be notified in writing of any fine or penalty to be imposed or levied, or
any decision to suspend voting privileges, and the reasons for the decision. (i)
The following fine or penalty may be imposed: (1)
$50.00 for each non-recurring violation. (2)
Any cost to correct the violation including reasonable
attorney fees. (j)
If an Owner corrects an alleged recurring violation
before the hearing date, such as an architectural violation, the Board shall
discontinue the proceedings. Please
note that the legal owner of the unit is responsible for any and all guests and
occupants of his unit; therefore, the owner will be assessed the fine and be
responsible for attending the hearing. TableOfContents f:\ckc\attp\crc\condo\rul®
(revd 9-26-01).doc [1] This rule was implemented after adoption by the State Legislature of CA Civil Code Section 1360.5 regarding pets. |