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STONEGATE AT WEST HILLS HOMEOWNERS ASSOCIATION


RULES AND REGULATIONS


TABLE OF CONTENTS


I. INTRODUCTION

II. BOARD OF DIRECTORS

III. ARCHITECTURAL RULES

A. Architectural Approval before City Permits

B. Landscaping & Exterior Restrictions

C. Restatement

D. ARCHITECTURAL CONSTRUCTION CONDITIONS

E. ARCHITECTURAL/LANDSCAPE COMMITTEE GUIDELINES

F. MISCELLANEOUS ARCHITECTURAL GUIDELINES

IV. LANDSCAPING RULES

V. ANTENNA RULES

Definitions

C. Installation Rules

D. Location

E. Installation

F. Maintenance

G. Safety

H. Antenna Camouflaging

I. Number of Antennae

J. Mast Installation

K. Preferred Locations of Installation

L. Notification Process

M. Installation by Tenants

N. Enforcement

O. Severability

VI. GENERAL RULES

VII. PARKING RESTRICTIONS

VIII. COMMUNITY COMPLIANCE COMMITTEE

IX. DISCIPLINE AND MONETARY PENALTIES

A. Monetary Penalties

B. LATE FEES

C. ASSESSMENTS

D. CC&R VIOLATIONS

GENERAL REQUEST FOR CONSIDERATION

STONEGATE AT WEST HILLS HOMEOWNERS ASSOCIATION


I. INTRODUCTION


The Stonegate at West Hills Homeowners Association is a California nonprofit mutual benefit corporation which was formed to provide for the maintenance, preservation, and control over the properties within the Stonegate development, as well as to promote the recreation, health, safety, and welfare of its residents.


Our Association is governed by the following documents:


1) The Declaration of Covenants, Conditions, and Restrictions (CC&R’s) initially recorded on December 11, 1991 as Instrument No. 91-1946719; 2) the Articles of Incorporation of the Association; 3) the Bylaws of the Association; and 4) these Stonegate at West Hills Rules and Regulations.


Compliance with these documents is mandatory. Failure to comply with the provisions of these documents is inconsiderate of the interests of the other Owners as well as the Association, and may subject the persons in violation to significant expense.


The primary reason for the regulations under which we live is to protect the value and desirability of our community. In addition, the regulations are intended to protect our investments in our homes as well as to make our community an attractive and pleasant place to live. This should be a common goal of both the Association's Board of Directors and of each and every homeowner.


This booklet contains the current Association Rules and Regulations. As our Association evolves, we anticipate changes and additions to these Rules and Regulations. The Board welcomes suggestions from all homeowners for proposed changes.


If for some reason you do not have a set of the CC&R’s, the Bylaws, or the Articles of Incorporation, please contact our management agent, Westcom Property Services at (818) 587-9500 and request a copy of the document(s) in question. There will be a small fee charged to cover the cost of reproducing and mailing the documents.


The Board of Directors thanks you in advance for your anticipated support and cooperation.

II. BOARD OF DIRECTORS


The Board of Directors of the Association is elected each year for the purpose of conducting Association business. Meetings of the Board of Directors are held on the second Tuesday of every month. Board meetings are open to all Members of the Association and you are encouraged to attend in order to better understand the operation, issues and problems facing the Association. You are also encouraged to come and address the Board on any matter of concern which falls under its jurisdiction.


By itself, the Board cannot successfully monitor everything occurring within the properties. Therefore, the Board both needs and expects the cooperation and participation of each homeowner to assist in the day-to-day running of the Association. The Association needs volunteers to help the Board in monitoring the landscape maintenance and reviewing community compliance with these Rules and Regulations. If you are willing to help out, please let any Board member know or call Westcom Property Services at (818) 587-9500.


Please remember, a well-maintained community requires everyone's effort and has a direct, positive effect on all of our property values as well as the assessments we pay to the Association. For example, if you notice a broken or missing sprinkler head, call the management company to report the problem as soon as possible. The water you save will help keep down our regular assessments.


Any written communication with the Board of Directors should be sent to:

Stonegate at West Hills HOA

c/o Westcom Property Services

20631 Ventura Boulevard, Suite 202

Woodland Hills, CA 91364


III. ARCHITECTURAL RULES


The following Rules and Regulations regarding a homeowner’S architectural plans and designs have been adopted by the Stonegate at West Hills Homeowners Association Board of Directors in conjunction with the Architectural Committee. These Architectural Rules are intended to supplement and clarify the basic architectural provisions set forth in the CC&R’s, and to assist the Owners in their understanding of those provisions. Compliance with these Rules is mandatory. Following these Rules will avoid misunderstanding and conflict, as well as possible significant personal expense if violations occur.


A. Architectural Approval before City Permits. All projects that require city permits will also require prior Architectural Committee approval, so it is best to submit all applications and plans early. It is recommended that Architectural Committee approval be obtained prior to attempting to obtain any permits from the City so that multiple applications are not necessary, except as provided in Section 9 of this Article.


B. Landscaping & Exterior Restrictions. Note that Article VI, Section 1, of the CC&R’s states as follows:


"No building, fence, wall or other structure or landscaping shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to, or change (including change of external paint or other external colors, paneling, major relandscaping and the like) or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials, exterior colors and the location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Committee provided for in Section 2 hereof. External colors which are consistent with the original color schemes employed by Declarant for the particular residence shall be deemed approved. In the event said Committee, or its designated representatives, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required, and this Article will be deemed to have been fully complied with. Neither Association, its officers nor directors, the Architectural Committee, nor any member thereof, shall be responsible for structural or other defects of any kind, type or nature in plans or specifications submitted for approval or in the structures or improvements erected in accordance therewith."

C. Restatement. In order to avoid any misinterpretation, the above very wordy paragraph says that any change to the exterior appearance of the property requires a written approval. The timely submission of all proposed changes will assure compliance with the provisions of the CC&R’s and will save you considerable time and expense. Please review Article XV, Section 2, which pertains to the "View Maintenance Area" as defined in Section 6 of Article I of the CC&R’s, prior to submitting your plans. This Article places specific restrictions on landscaping and improvements which impact the view maintenance areas on the respective Lots in order to preserve the views from those other Lots.


It is the Board’s goals to maintain the quality and character of the development for the benefit of all members of our community.


1. All plans for construction of new improvements, changes to existing structures or hardscape, or changes in landscaping, should be sent via certified mail, return receipt requested, addressed to: Stonegate at West Hills Homeowners Association, c/o Westcom Property Services, 20631 Ventura Boulevard, Woodland Hills, CA 91364. In the alternative, plans and applications may be personally delivered to any member of the Architectural Committee.


Your approved plans will be kept on file with the Association. However, it is your responsibility to keep a copy of any approved plans and return receipt for future reference. Please submit three copies of your application and plans for approval, and include your name, address, Lot number and phone number, and a self addressed stamped envelope for return of plans. (See Section IV, below, for Landscape Rules.)


2. All plans must be detailed enough to show approximate scale, and must properly set forth measurements, colors to be used, and types of materials. Plans with insufficient detail will be considered to be incomplete and be returned to the Owner for enhancements. Before any construction takes place, it is advisable to contact the city Building and Safety department for zoning and permit requirements.


3. The Architectural Committee will approve or reject your plans based only on their conformity with the CC&R’s and these Rules. Architectural Committee approval should not be considered by the homeowner as an indication of compliance with any applicable Building and Safety or zoning requirements. Compliance with governmental requirements is the responsibility of the homeowner.


4. Examples of items which will not receive approval are satellite dishes more than one meter in diameter, hillside decks which intrude into neighboring privacy areas, improvements or plantings which impair protected views from neighboring properties, and athletic equipment visible from the street. This list is not all inclusive, but merely representative, and you should both consult with the Architectural Committee and refer to the governing documents for specific information.


5. Changes to the exterior color, including trim colors, require approval. The Committee will grant approval based upon the proposed colors' aesthetic harmony with the existing color scheme of the community and the adjacent houses. Please make sure to submit a color chip, color number, and the paint manufacturer's name with any application. You must also fully describe the proposed areas to be repainted.


6. All patio covers, gazebos, and any changes to front driveways and walkways must have prior approval.


7. Signs shall be allowed, subject to the following conditions and limitations:


a.) Alarm/Security signs (private alarm company signs) should be visible but unobtrusive from the street or adjacent Lots,


b.) Warning signs ("Beware of Dog"), having to do with welfare and safety, provided they are attached directly to the gate where the animal is or may be located, in a standard size only.


c.) Signs identifying the occupant(s) of the particular residence provided they are small and in harmony with the overall aesthetics of the community.


d.) Political signs are construed as an expression of a resident's First Amendment rights and will not be prohibited. Limitations relating to size, quantity and duration are, however, deemed necessary to preserve the beauty and harmony of our neighborhoods.


These limitations are as follows:


i. Sign size shall be 18" X 24" maximum.


ii. No more than three (3) signs shall be displayed on any Lot at any time.


iii. Signs may not be placed in the lawn areas.


iv. No signs shall be displayed in the LMAs.


v. Political signs may be displayed for a maximum of thirty (30) days and must be removed the day after the election.


e.) Signs not listed or signs that do not meet the conditions and limitations may be allowed upon approval by the Architectural Committee.


f.) One (1) sign for each Lot, of standard brokerage size, advertising the property for sale, lease or rent


8. The above Rules are not intended to set forth all possible changes which will require Committee approval. It is best to assume that all changes require such approval. The procedure is simple, quick and inexpensive. Your compliance with Committee Rules could save you considerable expense and effort.


9. Encroachments into Landscape Maintenance Areas: Each of the Lots within the development is burdened by Landscape Maintenance Areas [LMAs] which are maintained by the Association. No person may encroach into any LMA without the prior written consent of the Architectural Committee and the Board of Directors.


a.) Building Pads: In order to preserve the aesthetic integrity of the community, the views from the various Lots, and to protect the privacy of residents, building pad extensions into LMAs are strongly discouraged. In accordance with Article XIV of the CC&R’s, such encroachments shall only be permitted as follows:


i. No encroachment may extend more than 15 feet into any LMA;


ii. No encroachment may be commenced, and no architectural application therefore may be submitted to the Architectural Committee, until the plans and specifications therefore have been reviewed and approved in writing, or such approval is waived in writing, by all applicable governmental agencies;


  1. The encroaching Owner shall pay all fees, expenses and costs, including Association costs, involved in creating and recording an instrument which changes the boundary of the LMA;


iv. Prior to submitting any application to the Architectural Committee, the Owner desiring to encroach into the LMA must circulate a copy of the plans to all affected neighbors who will be directly affected by the encroachment. For purposes of this section, "directly affected" means that the pad extension will overlook the yards or residences of the affected Lot, or create sight lines directly into any bedroom or private area of an affected residence, or will substantially affect the view from the affected Lot.


v. The pad extension must be planned and engineered so as to minimize intrusion into the privacy of any other Lot, and to present the lowest profile possible consistent with its intended use.


vi. Each plan must include adequate landscape considerations designed to screen the substructure, sides and base of the pad extension from view and, where possible, to further minimize visual intrusion into the viewscape of any other Lot.


vii. Any landscape, sprinklers or other improvements located within the LMA which are disturbed or damaged during construction of the pad extension must be restored, repaired, replaced or, with Architectural Committee approval relocated, as promptly as possible. In the event such elements are not properly restored, the Association may, at the option of the Board of Directors, cause such restoration to take place and charge the cost thereof to the affected Lot Owner as a Reimbursement Assessment.


b.) Decks: In order to preserve the aesthetic integrity of the community, the views from the various Lots, and to protect the privacy of residents, decks which encroach into LMAs are strongly discouraged. In accordance with Article XIV, Section 7 of the CC&R’s, such encroachments shall only be permitted as follows:


i. No deck encroachment may extend more than 15 feet into any LMA;


ii. No encroachment may be commenced, and no architectural application therefore may be submitted to the Architectural Committee, until the plans and specifications therefore have been reviewed and approved in writing, or such approval is waived in writing, by all applicable governmental agencies;


iii. The encroaching Owner shall pay all fees, expenses and costs, including Association costs, involved in creating and recording an instrument which changes the boundary of the LMA;


iv. Prior to submitting any application to the Architectural Committee, the Owner desiring to install the deck must circulate a copy of the plans to all affected neighbors who will be directly affected by the encroachment. For purposes of this section, "directly affected" means that the deck will overlook the yard or residence of the affected Lot, or create sight lines directly into any bedroom or private area of an affected residence, or will substantially affect the view from the affected Lot.


v. The deck must be planned and engineered so as to minimize intrusion into the rear yard and residential privacy of any other Lot, and to present the lowest profile possible consistent with its intended use.


vi. Each plan must include adequate landscape considerations designed to screen the substructure and underside of the deck from view and, where possible, to further minimize visual intrusion into the privacy of any other Lot. No plantings shall be permitted to intrude into the viewscape of any other Lot.

vii. Any landscape, sprinklers or other improvements located within the LMA which are disturbed or damaged during construction of the deck must be restored, repaired, replaced or, with Architectural Committee approval relocated, as promptly as possible. In the event such elements are not properly restored, the Association may, at the option of the Board of Directors, cause such restoration to take place and charge the cost thereof to the affected Lot Owner as a Reimbursement Assessment.


10. Violations of the above Rules or the Covenants, Conditions and Restrictions related to this development shall be handled in accordance with Article IX of these Rules, any other applicable articles of the CC&R’s or Bylaws, and may result in legal proceedings against the violating Owner.


11. The Architectural Committee may charge a fee, not to exceed $500.00, in connection with the processing of any Architectural application, so as to reimburse the Association for any and all costs incurred.


12. All Owners are strongly encouraged, though not required unless otherwise set forth in these Rules, to meet with and discuss any modification of any kind with any neighbor who might be affected by their contemplated work of improvement and, where possible, to obtain from that neighbor their consent to the proposed improvement. The Architectural Consent form attached to these Rules may be used for this purpose.


D. ARCHITECTURAL CONSTRUCTION CONDITIONS


1. Any damage caused to your house or landscaping as a result of your work is your responsibility and not that of the Association.


2. Any damage caused to adjacent properties, including city sidewalks, curbs, and street improvements as a result of your work is your responsibility and not that of the adjacent homeowners or the Association.


3. Any common area or adjacent homeowner's landscaping damaged or removed is to be replaced at your sole expense.

4. Patio cover permits must be obtained from the City of Los Angeles before work can commence. These permits also require Architectural Committee approval.


5. Architectural approval will always be based upon the aesthetic appearance of the changes contemplated by the homeowner, and conformance with any applicable section of these Rules and the CC&R’s.


6. Damaged and/or non-functioning sprinklers must be Repaired or replaced and any damage caused by them repaired at homeowners expense.


7. The Homeowner is responsible for maintaining proper drainage, and no alteration of the established drainage patterns will be permitted.


8. The Homeowner is responsible for any and all liability suits that occur on his property, and shall hold the Association harmless from any claims arising from the homeowner's work.


9. The homeowner is responsible for replacing damaged material or equipment on adjacent LMAs, and return it to original condition. In the event such elements are not properly restored, the Association may, at the option of the Board of Directors, cause such restoration to take place and charge the cost thereof to the affected Lot Owner as a Reimbursement Assessment.


10. When changes to approved plans are contemplated, plans and revisions must be resubmitted for approval prior to initiating the work.


11. Failure to submit plans for approval could result in legal action in the event it is determined that any of the CC&R’s or Rules have been violated.


E. ARCHITECTURAL/LANDSCAPE COMMITTEE GUIDELINES


The Architectural Committee, as part of its responsibilities pursuant to the CC&R’s, evaluates each application and set of plans on the following criteria:


1. Aesthetic appearance given the topography and location in relation to surrounding areas, and conformance with any applicable provisions of the CC&R’s and these Rules.


2. Consistency throughout the Stonegate community.


3. Negative impact on the privacy (visual and auditory) of immediate neighbors.

4. Infringement on the viewscapes from other existing residences.


5. Likely depreciation or negative financial effect on the value of surrounding properties.


F. MISCELLANEOUS ARCHITECTURAL GUIDELINES


1. Telephone/Cable/Satellite Wiring: The color of the wiring must match the adjacent surface. It must be aesthetically harmonious with the housing structure. No prior approval is required.


2. Rain Gutters: So long as the color of the gutter and down spout match the adjacent home surface, no prior approval is required. If an alternate color is desired, then Architectural Committee approval must be obtained.


3. Solar Panels: Submit a picture and specifications of panels along with a sketch of where and how the solar panels will be placed. Flat panels are strongly preferred for roof mounting. The Association may require modifications so long as those modifications do not significantly increase the cost of the system or significantly decrease the efficiency or specified performance of the system.


4. Drains: All rear and side yard drain installations must be tied into existing drain system and must drain to the adjacent street. No drains shall empty onto a downslope, any LMA, or onto an adjoining Lot.


5. Screen mesh installed around the fencing perimeter to keep out wildlife (i.e. snakes, rodents, rabbits, etc.) need not be submitted for approval so long as the height does not exceed 18 inches from the ground and is of a non-obtrusive color which blends with the surrounding area.

IV. LANDSCAPING RULES


The following Rules have been formulated by the Landscape Committee and approved by your Board of Directors.


The Landscape Committee is comprised of homeowners within the Association who have volunteered to be responsible for overseeing the maintenance of the landscaped areas of our Association. Maintenance of the landscaped areas is a continuing and expensive activity but accounts for a significant portion of the enhancement of our property appearance and valuation. These Rules are intended to make installation and maintenance of the landscaping areas an efficient operation, thereby benefitting all homeowners in this Association.


A. Pursuant to our CC&R’s, all landscaping must be approved by the Landscape Committee. Three copies of all landscaping plans to be reviewed shall be mailed by certified mail, return receipt requested, to: Stonegate at West Hills Homeowners Association, c/o Westcom Property Services, 20631 Ventura Boulevard, Woodland Hills, CA 91364. In the alternative, plans and applications may be personally delivered to any member of the Board of Directors. It is suggested that the Architectural Approval form attached to these Rules be used for this purpose.


B. All landscaping plans must be detailed enough to show approximate location, types and size of plants, trees, and other soft-scape items. Items of hard-scape, such as walls, patio covers, and walkways should be sufficiently identified as to composition and color. Plans with insufficient detail or information will be deemed to be incomplete and will be returned for enhancement.


C. Please review Article XV, Section 2, of the CC&R’s which pertains to the "View Maintenance Area" as defined in Section 6 of Article I of the CC&R’s, prior to submitting your plans. This Section places specific restrictions on the use of view maintenance areas in order to preserve the views from the various Lots.


D. All plans submitted for review should include the name, address, Lot number and phone number of the submitting party. Please also include a self-addressed stamped envelope for return of plans.


E. The Landscape Committee recommends approval or denial of your plans to the Architectural Committee based only upon plan conformity with the CC&R’s and these Rules, and in accordance with maintaining landscape harmony with other residences in the immediate area, as well as that general area contained within the Association's physical boundaries


F. All permanent planters to be added to the landscaped area shall be first approved by the Landscape Committee and the Architectural Committee. Plants must be maintained properly by individual homeowners. Any dead or dying plants are to be removed or replaced promptly.


G. Nonpermanent pots and planters shall be in good taste, aesthetically pleasing and consistent with the original landscape scheme of the neighborhood. Plants shall be maintained by the individual homeowner. Any dead or dying plant material shall be removed or replaced promptly.


H. Any damage or destruction of landscaping (i.e., shrubs, trees, grass, walls, sprinklers, etc.) in the LMAs maintained by the Association will be dealt with on an individual basis and the cost of any necessary restoration will be charged directly to the responsible homeowner as a Reimbursement Assessment.


I. Landscaping plans that contain plantings that could, at ultimate growth, significantly obstruct the view from any other Lot in the development will ordinarily not be approved in accordance with guidelines established in the CC&R’s.


J. In order to preserve the beauty and safety of the front landscaped areas of homes within the Stonegate development, the homeowners are asked to observe the following Rules:


1. Hanging plants shall be in good taste and aesthetically pleasing. Plants should be maintained properly and any dead or dying materials should be removed and/or replaced promptly.


2. Lawns shall be kept well-groomed and edged, and trees and shrubs neatly trimmed.


3. Landscaped areas shall be fertilized on a regular basis so as to be kept healthy and actively growing.


4. Dead or dying plants, trees or shrubs shall be removed and replaced with new plant material as seasonal or weather conditions dictate.


K. Front yard landscaping and decorative lighting shall be low voltage, or reduced wattage bulbs when using 110 volt or other high voltage fixtures. All light colors shall be in good taste.


L. Homeowner shall install front yard landscaping within six (6) months after close of escrow and shall maintain front and rear yards in weed free condition until landscaping is complete.


M. Gopher control is extremely important and each homeowner must take responsibility for keeping front and rear yards reasonably free of gopher or other burrowing animal activity.


N. Those properties which have a portion of their Lot within the Landscape Maintenance Area shall conform to Article XIV of the CC&R’s. Any movement of a rear fence shall be strictly governed by an Application to Relocate Fence as approved by the Architectural Committee.



V. ANTENNA RULES


A. This Rule supercedes and replaces Article VII, Section 12 of the CC&R’s to the extent that Section 12 is inconsistent with federal or state statutes.


Definitions


1. Antenna: any device used for the receipt of video programming services, including direct broadcast satellite (DBS), television broadcast, and multipoint distribution service (MDS). A reception antenna that has limited transmission capability designed for the viewer to select or use video programming is a reception antenna provided that it meets FCC standards for radio frequency emission. A mast, cabling, supports, guy wires, conduits, wiring, fasteners, or other accessories necessary for the proper installation, maintenance, and use of a reception antenna shall be considered part of the antenna.


2. Mast: Structure to which an antenna is attached that raises the antenna height.


3. Transmission-only antenna: any antenna used solely to transmit radio, television, cellular, or other signals.


4. Owner: any homeowner in the Association. For the purpose of this Rule only, “Owner” includes a tenant who has the written permission of the homeowner/landlord to install antennae.


5. Telecommunications signal: signals received by DBS, television broadcast, and MDS antennae.


6. The FCC Rule: The Federal Communications Commission (“the FCC”) Rules effective October 14, 1996, as modified or amended from time to time.

C. Installation Rules


1. DBS antennae that are one meter or less in diameter may be installed. DBS antennae larger than one meter are prohibited.


2. MDS antennae one meter or less in diameter may be installed. MDS antennae larger than one meter in diameter are prohibited.


3. Antennae designed to receive television broadcast signals that are one meter or less in diameter or on the diagonal may be installed. Antennae larger than one meter are prohibited.


4. All antennae not covered by the FCC Rules are prohibited.


D. Location


1. Antennae shall be installed solely on individually owned separate interest property as designated on the recorded deed, Tract Map, or other document defining portions of common or individually-owned property.


2. Antennae shall not encroach upon Landscape Maintenance Areas (LMAs), or any other Owner’s property.


3. Antennae shall be located in a place shielded from view from the street and from other Lots to maximum extent possible; provided, however, that nothing in this Rule would require installation in a location from which an acceptable quality signal cannot be received. This section does not permit installation on any LMAs, even if an acceptable quality signal cannot be received from an individually owned Lot.


E. Installation


1. Antennae shall not be larger nor installed higher than is absolutely necessary for reception of an acceptable-quality signal.


2. All installations shall be completed so that they do not damage or encroach upon LMAs of the Association or the Lot of any other resident, or void any warranties of the Association or other Owners, or in any way impair the integrity of buildings on Lots.


3. Owners are responsible for all costs associated with the antenna, including but not limited to costs to:


      1. Place (or replace), repair, maintain, and move or remove antennae;



      1. Repair damages to the LMAs, other Lots, and any other property damaged by antenna installation, maintenance or use;


      1. Pay medical expenses incurred by persons injured by antenna installation, maintenance, or use;


      1. Reimburse residents of the Association for damages caused by antenna installation, maintenance, or use.


4. Antennae must be secured so that they do not jeopardize the soundness or safety of any other structure or the safety of any person including damage or injury from wind velocity based upon a unique location.


F. Maintenance


1. Owners shall not permit their antennae to fall into disrepair or to become safety hazards.


2. Owners shall be responsible for antenna maintenance and repair at their own cost.


3. Owners shall be responsible for repainting or replacement if the exterior surface of antennae deteriorate.


G. Safety


1. Antennae shall be installed and secured in a manner that complies with all applicable city and state laws and regulations, and manufacturer’s instructions. The Owner, prior to installation, shall provide the Association with a copy of any applicable governmental permit.


2. Unless the above-cited laws and regulations require a greater separation, antennae shall not be placed within 12 feet of power lines (aboveground or buried) and in no event shall antennae be placed where they may come into contact with electrical power lines. The purpose of this requirement is to prevent injury or damage resulting from contact with power lines. Owners must consult the electric utility to determine the proper distance required.


3. All installations must comply with all applicable local and state codes.


4. In order to prevent electrical and fire damage, antennae shall be permanently and effectively grounded.


5. Antennae are required to withstand winds of 50 mph.


H. Antenna Camouflaging


1. Antennae or masts may not extend beyond or above a railing or fence unless no acceptable quality signal can be received from any other location. No antenna may unreasonably impair the view from any other Lot unless no acceptable quality signal can be received from any other location.


2. Antennae situated on the ground and visible from the street or from other Lots must be camouflaged by existing landscaping or fencing, if an acceptable quality signal can be received from such placement. If no such existing landscaping or screening exists, the Association may require antennae to be screened by new landscaping or screening of reasonable cost.


3. Antennae, masts, and any visible wiring must be painted to match the color of the structure upon or adjacent to which it is installed. (Some manufacturers assert that painting may prevent the receipt of an acceptable quality signal. Association residents are advised to make sure that paint will not degrade the signal.)


4. Antennae may not obstruct a driver’s view of an intersection, driveway or street.


I. Number of Antennae


No more than one antenna of each service provider may be installed by an Owner.


J. Mast Installation


1. Mast height may be no higher than absolutely necessary to receive acceptable quality signals.


2. Masts that extend 12 feet or less above the roof line may be installed subject to the regular notification process described below. Masts that extend more than 12 feet above the roof line must be approved before installation due to safety concerns posed by wind loads and the risk of falling antennae and masts. Any application for a mast higher than 12 feet above a roof line must include a detailed description of the structure and anchorage of the antennae and the mast, as well as an explanation of the necessity for a mast higher than 12 feet above the roof line. If this installation will pose a safety hazard to Community residents or personnel, then the Association may prohibit such installation. The notice of rejection shall specify the safety risks which led to the rejection.

3. Masts must be installed by a licensed and insured contractor.


4. Masts must be painted the appropriate color to match their surroundings.


5. Masts installed on a roof shall not be installed nearer to the Lot line than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to protect persons and property that would be damaged if the mast were to fall during a storm or from other causes.


6. Masts shall not be installed nearer to electric power lines than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to avoid damage to electric power lines if the mast should fall in a storm.


7. Masts shall not encroach upon another Owner’s Lot, upon any LMA, or common property.


8. Masts shall be designed to withstand a minimum of 50 mph winds.


K. Preferred Locations of Installation.


1. If antennae are installed in a location which impacts any property for which the Association has maintenance responsibility, Owners retain responsibility for antenna maintenance. Owners must not install antennae in a manner that will result in increased maintenance costs for the Association or for other residents.


2. If Association maintenance requires antenna removal, the Association shall provide Owners with 10 days written notice. Owners shall be responsible for removing antennae before maintenance begins. If Owners do not remove antennae by the required time, then the Association may do so, at Owner’s expense, and may charge the cost thereof as a Reimbursement Assessment. The Association is not liable for any resulting damage to antennae.


L. Notification Process


1. Any Owner desiring to install an antenna must complete a notification form and submit it to the Board of Directors or the Architectural Committee of the Association. If installation is routine (conforms to all of the above Rules and Restrictions), the installation may begin immediately.


2. If the installation is other than routine for any reason, Owners and the Association must establish a mutually convenient time to meet to discuss installation methods.

M. Installation by Tenants


Tenants may install antennae in accordance with these Rules with written permission of the homeowner/landlord, unless the FCC Rules waive the requirement of landlord approval. A copy of such permission must be furnished with the notification statement.


N. Enforcement

1. If these Rules are violated, the Association may bring an action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard. If the court or FCC determines that the Association Rule is enforceable, monetary penalties may be imposed by the Association in accordance with these Rules. If the violation is not corrected within a reasonable period of time, additional monetary penalties not to exceed fifty-dollars ($50.00) per day may be imposed for each day that the violation continues. To the maximum extent permitted by law, the Association shall be entitled to recover its reasonable attorney fees, costs, and expenses incurred in the enforcement of this policy.


2. If an antenna installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit or seek removal of the installation, or may use self help to abate the hazard.


O. Severability


If any provision of this Antenna Rule is found to be invalid, the remainder of these Rules shall remain in full force and effect.



VI. GENERAL RULES


All homeowners are requested to read and understand Article X and Article VII, Sections 1 through 19, of the CC&R’s. These sections place specific restrictions on the use of your property. The following additional Rules have been established to preserve a neat and uncluttered look for the community. These Rules have been adopted by the Board of Directors.


A. Leash laws are to be observed at all times. Pet owners are responsible for the removal of solid waste left by their pets. Owners are responsible for any damage or injury caused by their pets. L.A.M.C. section 53.06(2).


B. All trash containers are to be stored out of sight except when set out for trash collection. Trash containers are not to be set out more than one day before pick-up. Trash containers must be removed from sight by noon on the day after pick-up. This Rule in intentionally more tolerant than L.A.M.C section 66.00.1 which requires removal of trash containers on the same day as trash collection.


C. All sidewalks and streets are to be kept free of all unattended materials, including toys, bicycles, skateboards, tools, etc., and all debris or vegetation, at all times, so as to permit free and unobstructed access.


D. Roller-skates, skateboards, bicycles, and all power vehicles are not allowed on landscaped areas, or upon the property of others without their consent. Parents will be responsible for any damage to LMAs or to the property of others caused by their guests, invitees, employees and/or children.


E. All homeowners must remove all toys, bicycles, tools, barbecues, recreational equipment, etc., from sight in the front yard at the end of each day.


F. Driveways shall be kept clean from debris. Stains (oil, fuel, etc.) shall be removed promptly.


G. Winter holiday lights and decorations shall be removed by January 15, and shall not be installed prior to Thanksgiving of any year.


H. All other holiday and special event decorations shall be removed upon the completion of the holiday or event.


I. Garden hoses, when not in use, shall be neatly stored upon hose hangers or reels on the side of your garage, or otherwise kept out of view.


J. Garages shall not be used for storage or for any other purpose which will make any parking stall unusable for the parking of a motor vehicle. Automobiles shall not be parked on the street when there is space in the garage or in the driveway. It is requested that automobiles not be parked regularly or overnight in front of the property of others.


K. No screens shall be permitted on the front entry doors of any residence without prior written approval of the Architectural Committee.


L. Due to the severe disruption of community life which can be occasioned by filming activities, strict adherence to this Rule is required. This Rule is considered to be a reasonable exception to and an accommodation of Article VII, Section 4 of the CC&R’s.

Prior to any commercial filming within the development, including filming wholly inside a residence if any commercial trucks or other vehicles are parked on any streets within the development, approval must be obtained from the Board of Directors. Requests for any such filming shall be submitted to the Board not less than seven (7) days prior to the proposed filming date(s).


1. Any Request shall include written proof that notice of the planned filming has been given to each home within three (3) houses on either side of, and the six (6) houses immediately opposite, if applicable, the proposed filming location.


2. The Association may impose a fee of not more than five hundred dollars ($500.00) per day for use of any portion of the development for commercial filming activity.


3. Notwithstanding the provisions of Article IX of these Rules, the Board of Directors may impose a monetary penalty of up to fifteen hundred dollars ($1,500.00)for each day of filming in violation of this section.



VII. PARKING RESTRICTIONS

In addition to the parking restrictions set forth in Article VII, Section 10 of the CC&R’s, there shall be no storage of any trailer, camper, mobile equipment, boat, commercial truck, automobile or motor vehicle, whether such items are operable or inoperable, covered or uncovered, on any street or Lot within the properties unless if parked on a Lot, it is located in a private garage or is otherwise screened from public view.


The term "camper" shall be interpreted broadly, and includes motor homes, trailers, tent trailers and vans with exterior modifications such as "pop-ups" or extended roof heights which exceed eighteen (18) inches above the van's standard manufactured roof line. Vans, suburbans or carry-alls, jeeps and similar vehicles, which from the exterior appear as a standard passenger vehicle, are not considered to be campers. Pickups with commercially manufactured enclosed shells shall not be considered campers unless the highest point on the camper's shell exceeds eighteen (18) inches above the pickup's cab.


The term "commercial truck" shall include any vehicle, which judged by its size, signage or outward appearance, is intended for commercial or business use. A van, suburban, carry-all or standard size pickup, even though it may actually be used for a business or commercial purpose, where it may also be used for household transportation, shall not be considered a commercial truck unless it appears so outwardly because of signs, equipment or other appendages attached to the vehicle. Examples of vehicles which shall be classified as commercial trucks, or otherwise prohibited by Article VII, Section 10, are as follows:


A. Any vehicle with tools, tool boxes, side racks, overhead racks, or commercial equipment attached or outwardly visible, such as a van with plumber's vices attached, or a pickup carrying unconcealed gardening or other equipment or materials.


B. Any truck with a cab roof extending more than eighteen (18) inches in height above its standard manufactured roof line or longer than a standard van or pickup, such as a panel truck or stake bed truck


C. Trailered equipment such as generators or concrete pumps (unless parked temporarily for performing work on a Lot).


D. Any other vehicle which in the opinion of the Board of Directors constitutes a commercial vehicle under these Rules and Article VII, Section 10, of the CC&R’s.


Parking restrictions referred to above shall not apply to vehicles which are parked on the street for loading or unloading or in between uses for a reasonable period of time.


VIII. COMMUNITY COMPLIANCE COMMITTEE


A. The Board of Directors may from time to time appoint a Community Compliance Committee to assist them in maintaining the community at the high standards desired by the homeowners. This Committee will attempt to resolve minor disputes and determine if violations of the CC&R’s, Articles of Incorporation, Bylaws or Rules and Regulations (collectively called "Governing Documents") have occurred. The Board of Directors acts as the Community Compliance Committee if such a Committee has not been appointed or is inactive.


B. Any homeowner believing that a violation of the Governing Documents may have occurred may be asked to complete a written form of complaint, available from Westcom Property Services, and indicate on the form all of the basic information. Upon receipt of a complaint, Westcom will provide a copy of the form to a member of the Committee for evaluation and action. Evaluation and action may frequently include the physical viewing of the property. If deemed appropriate and desirable by the Committee, they will discuss the matter with the affected homeowners. If the matter is promptly resolved, the Governing Documents violation will have been deemed corrected and no further action will be required. If not resolved in this manner, or if in the opinion of the Committee the matter requires Board action, then the matter will be forwarded to the Board for its consideration.


C. In the event that the alleged violation cannot be immediately corrected, a reasonable period for compliance may be agreed upon between the homeowner and Committee. In the event that the agreed upon compliance does not occur within that period, or if the homeowner refuses to discuss the matter, or if after discussion, refuses to comply as agreed, the matter will be forwarded to the Board of Directors for further consideration and action.


D. After Board discussion and evaluation, but prior to the final assessment of any discipline, the Board will invite the affected Owner(s) to a Board hearing to discuss the matter in the hope of eliminating the violation or reducing the discipline for the violation.


E. If disciplinary action includes the assessment of a monetary penalty, the Board may take such action to collect the same as it deems appropriate, including recordation of a lien and/or use of litigation. Costs of lien recordation or litigation, including attorney fees and expenses, shall be added to the monetary penalty to be recovered.


F. Repeated violations of the same provision of the Governing Documents may require that the Board increase the amount of a monetary penalty accordingly.



IX. DISCIPLINE AND MONETARY PENALTIES


This information is provided to advise the Owners and residents of the process which is followed in assessing discipline for violations of the Governing Documents. The further purpose of this section is to put Owners on notice of the amount of possible monetary penalties and other discipline which may be imposed for violations of the Governing Documents. Owners are responsible for the actions of their family members, guests, tenants, and invitees.


Experience has shown that the only effective method available for the Board to maintain consistency in the community is to establish objective Rules and procedures, and that the best way to ensure compliance with the Rules is to establish and impose discipline, including monetary penalties, when necessary. It is the policy of the Board to impose discipline commensurate with the nature of the violation. To that end, the Board has established the following disciplinary measures. Monetary penalties, when used, are not intended as a method of generating revenue, but are instead intended as a means to enforce the Association’s Governing Documents when lesser methods do not appear to be successful.


A. Suspensions:


Each Owner of property within the Stonegate development is also a Member of the Association. When appropriate, the Board may suspend membership and/or voting rights of Members for violations of the Governing Documents. Suspensions may be imposed separate from or in conjunction with any other discipline.


B. Monetary Penalties:


1. Each violation of the CC&R’s or Rules may result in warnings and discipline as follows:


a.) Advisement and Warning: A Letter may be sent to the Owner indicating the nature of a violation and a reasonable period of time in which to correct the violation or review it with the Board of Directors. No discipline will ordinarily be imposed at this level unless, in the opinion of the Board, the violation is particularly serious or unless community wide notice has been previously issued to the members concerning the type of violation, in which event the Board may take such disciplinary steps as it may, in its sole discretion, determine to be appropriate.


b.) 2nd Warning: A letter may be sent to the Owner indicating the nature of the violation and a period of time in which to correct the violation or be disciplined. A monetary penalty of up to Fifty Dollars ($50.00) per day may be imposed for each day during which the violation persists after the correction date set by the Board, which may continue until correction has been certified by the Association or until further action of the Board.


c.) 3rd Warning: A letter may be sent to the Owner indicating the nature of the violation, and the Board may impose or increase a monetary penalty of up to One hundred-fifty Dollars ($150.00) per day until the violation is corrected and the correction is certified by the Association.


d.) Further Discipline: Without waiving or abating any ongoing monetary penalties, or other discipline, the Board may, in its discretion, send a further letter to the homeowner requesting participation in Alternative Dispute Resolution and/or advising the Owner that legal proceedings are being contemplated. The letter may, but need not, advise the Owner that in the event of legal proceedings, the Owner may be liable for all fees and costs incurred by the Association to bring the Lot or Owner into compliance with the Governing Documents.


2. Rules Violations - Violations of the Rules defined by the Architectural or Landscape Committees may result in advisements, warnings and monetary penalties as provided above.


3. Notice and Hearing: Prior to any discipline becoming final, any Owner or resident accused of a violation of the CC&R’s or Association Rules shall be afforded an opportunity for a hearing before the Board of Directors in accordance with Article VIII, Section 1 of the Bylaws.


4. In the event that the Association incurs any costs in connection with bringing any Person, Owner or a Lot into compliance with the Governing Documents, whether or not legal proceedings are pursued to cause the compliance, the Association may recover all such costs either as a Reimbursement Assessment or by way of collection action.


C. LATE FEES

All homeowner assessments are due on the first of the month. Any amount not paid when due is delinquent. With respect to each assessment not paid within fifteen (15) days of the due date, the Association may require the Owner to pay a "late charge" of ten percent (10%) of each delinquent assessment, or Ten Dollars ($10.00) whichever is greater. Any assessment or late charge not paid within thirty (30) days shall bear interest at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated for the amount of the delinquent assessment, or may enforce its assessment rights through non-judicial action. Please refer to Article V of the CC&R’s.


D. ASSESSMENTS


Owners who are delinquent in payment of Association Assessments may, at the discretion of the Board, have a lien recorded against their property pursuant to the CC&R’s and may have other discipline imposed as described above. All costs of preparing, recording and removing the lien shall be borne by the delinquent homeowner.

F. CC&R VIOLATIONS


Homeowners who remain in violation of the CC&R’s after being appropriately notified of such violation will subject themselves to enforcement activity and possible litigation, including legal fees and costs.




GENERAL REQUEST FOR CONSIDERATION


Please understand that we live in a deed restricted community of outstanding beauty and unique characteristics. Please be considerate of your neighbors at all times, and follow the Golden Rule in all of your activities. If we live this common goal, all of the above Rules will become second nature to us, and our community will be the best place it can possibly be.

August 8, 2002