Embed Size (px)
Citation preview
1 0 2 3 0 9
8610702? 142
ENABLING DECLARATION ztvrABLIsHiNc A PLAN FOR
131 JO- 2 ga 8 CONDOMINIUM OWNERSHIP IN ! Cf
AMERICAN RIVER VILLAGE CONDOMINIUMS
71:Pl„ • i -7, 4A4.3 DECLARATION, mad.. on the date hereinafter est
forth, by AMERICAN RIVER VILLAGE, a limited partnership, herein
after referred to as "declarant", is made with reference to the
following facts:
A. Declarant is the owner of certain real property
located in Sacramento County, California, more particule. 1 Y de -
scribed in Exhibit "1", attached hereto and incorporate.' herein
by reference, hereafter called "the real pri..perty".
B. Declarant has improved or intends to lmpenve th,
real property in the manner shown and described In the condo-
minium plan entitled "Condominium Plan of AMERICAN NEVER
VILLAGE,. a Condominium Subdivislnn", which is attached hereto an
Exhibit "2" and incorporated herein.
C. Declarant intends to establish the development an
a statutory condominium project, wherein the declarant shall
convey to individual owners seperate title to each unit and an
Undivided interest in all the remaining property within the
development except Parcel 4. which parcel shall be conveyed to
the AMERICAN RIVER VILLAGE Owners' Association.
D. The development will be established in three (11
phases. Phase One (Parcel 1) will contain forty-nine (sal
It is intended that Phase Two (Parcel 2) will be the third phase
and will contain one-hundred fly.? (105) units and that up to
thirty-two (32) of said units may be leasti ti. tenants on
long-term 1 ; and, it is further intended that Phnom three
(Parcel 1) will be the second phase and will contain twenty- ,me
(21) units, twenty (20) of which will be available under de..tIon
B rer ale or its equivalent.
The owner of a Unit in Phase One will receive
title to an individual unit plus en 1/49th undivided interest as
set forth in Exhibit "3", attached hereto and incorporated
7 0 r i •r -
A;
13810702p 143
herein by reference, as tenant in common in the Phase One common
Each unit shall have appurtenant to it one member-
ship in the AMERICAN RIVER VILLAGE Owners' Association, a non-
profit mutual benefit corporation which shall b- responsible
for, among other things, maintenance and operation of the recrea-
tional facilities in the development, as set forth in Article 5,
hereof.
NOW THEREFORE, Declarant hereby declares that the
real property is, and shall be, held, conveyed, hypothecated,
encumbered, leased, rented, used and occupied subject to the
following Limitations, restrictions, easements, covenants, condi-
tions, liens, and charges, all of which are declared and agreed
to be in futherance of a plan of condominium ownership as
described in California Civil rode Sections 1350 - 1360 for the
subdivision, improvement, protection, maintenance, and sale of
Cor.dominiums within the real property, and all of which are
declared and agreed to be for the purpose of enhancing, main-
taining, and protecting the value and attractiveness of the real
property. All of the limitations, restrictions, easements,
covenants, conditions, liens and charges shall run with the
land, shall be binding on and inure to the benefit of all
parties having or acquiring any right, title or interest in the
reel property, and shall be binding on and inure to the benefit
Of the successors in interest of such parties. Declarant further
declares that it Is the express intent that this Declaration
satisfy the requirements of California Civil Code Section 13:5.
ARTICLE 1. DEFINITIONS.
1.01. Articles. The "articles" mean the wssnciation's
articles of incorporation and their ,mendments.
1.02. Association. The "Association" means the AMERICAN
RIVER VILLAGE Owners' Association, a California nonprofit mutual
benefit corporation, the members of which shall b_ the owners of
the Condominiums in the development,
1.03. Board. The "board" or "board of directors" means
the governing body of the Association.
byle
refer
by e
cond,
land.
descr
pati..
sub-1
flue
utill
with)
gas,
and •
visr,
in r
Sectl
inter ,
shall
divid,
which
exclu•
recor
grass
phase•
are r,
aepar,
and d.
struc.
shall
1.
ments"
amend,
t ,' r • --s _,. 5 1 0 7 1 0
•
icn .•.' •
11510702P 144
1.04. 84rlews. The "bylaws" mean the Association's
bylaws and their amendments_
1.05. Cmmenon Area The "common area" shall mean and
refer to those me>rtions of the property to which title is held
by all of the :owners in canon, and excepting the individual
condominium units. The carmen, area includes, without 1:.eitation,
land, parking award drivirq areas, the recreational facilities
described in article 4, exterior stairs, decks, balconies,
patios. and storrege areas_ bearing walls, columns, girders,
nub-fire extinguitanors, rexer -voirs, tanks, pumps, motors, ducts,
flues, and chutes. conduits, pipes, plumbing, wires and other
utility installamions (exuect the outlets thereof when located
within tne unit: required provide power, light, telephone.
gas, water. sew.-rage, drei•eoe. Neat, exterior sprinkler pipes
and sprinklers, .r✓ centre: television antenna or cable tele-
vision installat,On.
1.06. c,,,lominiun. 4 "condomirum" shall mean an *state
In real property as refined in California Civil Code
Section 753, conisisting of title to an unit and an undivided
Interest in a =mammon area. The ownership of each condominium
shall include lune ownership.. of a unit and the respective un-
divided interest in the common area of the particular phase in
which the unit ix Located. membership in the Association, any
exclusive easemernt ■ appur- -nant to the unit as shown by the
recorded cendocaimitero plan and a nonexclusive easement for in-
gress and egress over the ,.nmon area of additional specified
phases upo= the annexation mnereof, pursuant to Article 3, that
are not a part 7,1 a condominium building. Each unit shall be a
separa te irwehol.d estate ronsisting of the airspace described
and defined in A.,..-tLcle 3. t-a=n unit irtIudes the portions of the
structure on d. -embed and ttm airspace so encompassed.
1.07. Crandominium 3quildin7. A "condominium building"
shall mean a resudential str.artuee containing condominium units.
1.08. C.undominium Txmc-dments. The "condominium docu-
ments" shall maii and inoldne this Declaration, as it may be
amended free tumm to time. the exhibits, if any, Attached
wrFe.'
km...•-4-.A.:--n. •
4111016kih 4 ,
etiittro,,,,-
• • ."•.44
-v...;..r. 4shat., • -..".4‘#;&••:4
••
lh
legimnimg at the Eouth-Ams= corer of Lot 456, as said lot. on the official olat off .1:oz-tn.:a:se .:o. accord:in= to the official olat thereof, ftiled in the office of the Recorder of Sacramento County, Cal;"---rmia on 0c-whet. 31, 1055, in Bodk 42 ==_ie?s, Map 5o. 26, :aid pointicof hecinninc heing a point on the Fastri-i boutdary of the right aff way of the United States of 2,oz:ice, ae dastrihed in the decreea==ecored acto-ser 11, 1543, in Zoo -A 17a2=1- Official Records, nage 1134; thence from said x)int of neminninmain=1: the Souther/y hol=darv- caf said Northgate No. 2, the follommm four (4) courses and di_•srences; (1) North 72 ° 44' 32" East. feet, (2) North eao 19" L0-0 - last 42.14 feet, (3) North 72 ° 44' 17 Zest -14_34 feet, and (43) SOuth 77° 44' 03' Last 53-33 feet to zne Southeast corner of Lot=-=434 of said Norttgate titYo_ 3; :.ham= continning South 77° 43' DO' last 252.30 feet; thence South reef33" East 362.71 feet; thengc=n_=cn7th 00° 08' 40' last 160_00 fee -.:. to Southwest corner of Lo=350 of said Northgate Unit 2:.o. 3: thencealong the Southerly boundary o said Northgate Unit No- 3, the follcm --- three (3) courses and dastances: (1) South 890 51' 20 - East ZZ323 feet,. (2) South 65° 38' 20- 72.82 feet, and (3) South 830 26' 30- t 291.40 feet to the SouttMemst corner of Lot 343 of said Northgate:7nit So_ 3, said corner beinr- ..m point on the Westerly lime of that ce=ain 6.148 acre tract of lamdE.Zescrited in the Quit Claim =eed Cook, a corporation, tom gorge J. Meister, et al., dated June 2a. 1557, recorded June 28, 1957,. =to.200 3326 of Official Records, mage=7-__-7.----- ther along the boundary of saw 6.148 acre tract of land the followim=three (3) courses and ditanc..._;•. (1) South 04 24' 55' West 207-88 (2) South 14° 38' 10' East •'"134.52 feet, and (3) South 89° 51' 20' E=e= 230.00 feet to a point lbocated ;0.00 feet Westerly, measured at==8ht CC= angles frm-a the center lime of Northgate Boulevard; thence paraihi
to and distance 30.00 feeet Westerly measured at right angles, -Er= ?C:
the center line of saidirMorthgate 2oulevard, South 00 ° 08' 43' 491.81 feet to the mostuf=nrtherly corner of that certain 0.26 a= tract of land describectiin the deed from Laura Ottilla Meister, enal., to the County of Sacrame=to, dated September 18, 1939, recorded :"-.L'.•.- tembere 30, 1939, in Book 780 offC0fficial Records, page 94; thence along=le rorth-westerly line of maald 0.26 acre tract of land carving to n'aeriche On an arc of 271.60 foot=mradius, said arc being subtended by a Ma=d bearing South 290 16' 3011- -West 263.90 feet to the most Westerly _er of said 0.26 ace tract off land, said corner being the Northeasta=-Z•
corner of that certain r.;_.:_•=--- "4 acre parcel of land described in tin= certain deed from 711zrielA W. Driver, a widow, and 3- F. Drivercmd Clara B. Driver, his to the County of Sacrament,. dated Se caber
All that co.r.-r.---nr_ cf ?rojected Sectiom 30, 7mw=snID crt, Range 5 last, dascrined as f="cr..:s:
EKHIBIT "A"
L a. 7
/Tits-Z4/ a Al erCF tary
(To be acknowledged)
1.• ■•
ISOM•MUI_ ClICHAI1139 ClALLAGHEle
1.1 ■ •01.
rwurH Itiagrvz.
nrTus2 TO: Lcca 6TL1ZS, 1701 Pima:. Avg., 2ga Ls.ro, Calif ZI=17.7 Z13727
DECLARATIOPI OF RESTRICTIONS
The signatories hereto, being the owners of that certain tract of land located in the City of Sacramento, County of Sacrarento, State of California, more fully de-scribed on Exhibit A hereto, (which said exhibit is hereby incorporated by reference) in contemplation of the convey-ance of a uortian of the real property described on said Exhibit A and for t?.e benefit of each and every portion of the real property described on said exhibit, heresy declare:
1. That in the event that within four (4) years from the date hereof a grocery supermarket is erected by Lucky Stores, Inc., or a grocery chain of equal stature, and commences operation upon all or any part of that por-tion of the real property conveyed by the signatories here-to by a deed recorded upon the date of recordation of this Declaration of Restrictions, no other portion of the real property described on said Exhibit A shall be used for the purpose of operating thereon any general food market or a membership (..r nonmembership discount house having a general food or supermarket department or concession.
?-: 2. That the restriction imposed by the foregoing ii
paragraph shall continue in full force and effect for a period of twenty (20) years from the opening of a super-market upon that portion-of the property described on Ex-hibit A conveyed as set forth in Paragraph 1 above or until the cessation of the operation of a supermarket on such por-tion of the property described on Exhibit A, whichever first occurs. Each conveyance, lease or transfer of any kind of each and every portion of the property described on Exhibit A, during the term of the restriction hereinabove imposed shall be made subject to this Declaration of Restriction and each such conveyance, lease or transfer will be made and accepted upon the covenants and conditions herein set forth with the same effect as though this Declaration of Restric-tions were fully sat forth in such conveyance, lease or transfer.
Dated October 15th
1962.
Arts & Cook, a corporation
. - • 51191"1111r
•
=44565 Ty; 441 the year sem clemeemd e■Nr imedreet.md • sixty two
, • Nedery ?edge is f 14. nasal.,
ca B:t.a cfgateigirrttliZtA"'""."1""ra
II la: President and Secretary of Ne nyelernean deareleal rmod dm* escaMed tins aid ' is 1:.esinessed, seat Ilse booms Ist see he
die pereasa..._Jalm &seceded aur wain imsermseat s• laniall of the cartorane Ness,: assmal,
ockmamledgeil t. wee act sock ampere:nom sucenel A' same
mucLac—r sa IN WITNESS WHEREOF , I ►ens 11117117.10 srf my Asa mid afisme wry ollc-Led and Ms de Sacramento ,L. day sad year as this certificage
r2 DEC 7 PM 4 14 f•4
Noury Public in and for thr_.--_.Cooarr of
Cs.d-? new z 3( s). tacr9 State cf Califonua.
Ezp i reL_Pec ember' 196 2 43C-C.S.01.1190.1101.1) •1071. , G,
Or Nis
STATE OF CALIFORNIA.
4.11.1te SacramentoLath Aeyel October
Leola_Reissig ram ento
SE4i
`.C4ifif.NIO metro... CLLIF. itEt:...-ITZZO P.Z.-CUEST Of
eota Reissig
13810702P 146
1.17. Owner. An "owner" means each person or entity
holding a record ownership interest in a condominium, including
declarant, but excluding those holding such an interest merely
as security for the performance of an obligation. If a unit iS
subject to a recorded Land Ii.stallment Sale Contract, the
'owner" shall mean and refer to the Contract Vendee.
1.18. Phase. A 'phase" shall mean and refer to any
portion of the property which is developed as a separate incre-
ment of the entire development. Phase 1 is the property de-
scribed in Exnibit '1'; the property described in Exhibit "5"
may be developed in subsequent phases which may be annexed in
any sequence And become subject to this Declaration.
1.19. Regulatory Agreement. The 'regulatory agreement'
means that agreement which the Association enters into with the
Secretary of FHA, which i, attached hereto as Exhibit "6" and
incorporated herein by reference.
1.20. Restricted Common Area. The "restricted common
area" shall mean and refer to those portions of the common area,
if any, set aside for exclusive use of a unit owner or owners,
pursuant to Article 3 of this Declaration.
1.21. Unit. A "unit" shall mean and refer to a freehold
estate consisting of the interior spaces or areas of an indivi-
dual residence unit as defined in Section 1350(2; of the
California Civil Code; the boundaries of the unit are the
unfinished interior surfaces of the perimeter walls, floors,
ceilings, window,, and doors thereof, and the unit includes both
the portion of the building so described and the airspace so
encompassed. Imlividual units which shall be individually con-
veyed, along with certain exclusive easements • where applicaule,
are described and located on the condominium plan.
ARTICLE 2. REQUIREMENTS OF FHA.
2.01. F.H.A. Funding. Declarant desires that loans
secured by mortgages encumbering condominiums within the develop-
ment qualify for mortgage insurance by FHA.
ARTICLE 3,
M1070213 147
2.02. Regulatory Agreement. In order to carry out the
intentions of Section 2.01, there is attached to this Declara-
tion as tehiblt "6" hereof, a Regulatory Agreement (FHA Form
No. 3228) to be entered into by and between the Secretary of the
United Stetea Department of Housing and Urban Development acting
by and through the Federal Housing CommiIioner and the Associa-
tion. To the extent said Regulatory Agreement 14 In affect
according to its Cermet
A, All owners, tenants and occupants of condominiums
in the development covenant and agree that the adminis-
tretiOn of the development shall be in accordance with the
terms and provinIons of said Regulatory Agreement and that
such term,, ana , , ovlsions of said R•gulatory Agreement shall
b, fully with.
11, TO the extent any matter' in this De,laration or
in the article's or in tie bylaw; are in any way Inconsistent
with qtly matters in said Regulatory Agreement. then any such
inconsistent matters in said Regulatory Agreement, shall pre-
vail.
U. Without, limiting the foregoing, the right to
lease r!ondnmintuma in the development shall be aubjaCt to
all terms and provisions of said Regulatory Agreement,
II, bald Regulatory Agreement consists of four (L)
pages.
2.03. Conflirts. In the event of any conflict between
any of the provisions of this Article and any other provisions
of this penlaretion, the provisions of this Article snail con-
trol.
DESCRIPTION AND DIVISION OF THE DEvELommloir, PROPERTY RIGHTS. RIGHTS OF ENJOYMENT
AND EASEMENT
3.01. Description of Development. The development con-
sists of the real property described on Exhibit "I., attached
hereto, and all t.her Improvements erected or to be erected
thereon.
so,
Aly-Xgs,s'ap• nttitte..40.44104a.tSva.r"*.na"sWnTir•:-..les•`;.,"
.ft.vi.,.....1.411: • 1A
sc
• t . 07.
B810702P 148
5.02. Division of Development, The development is here-
by divided into the following separate freehold estates:
A. Omits. Each or the units as separately shown.
numbered nil.) designated in thet.condOminium plan, consists or
the apace§ bound* . by and contained within the interior
unfinished nurfac.3 of the perimeter walls, floors, ceil-
ings, windrows and doors of each unit, each of such spaces
being defined and referred to herein as "unit". Earl, unit
includes both the portions of the building so described and
the air splice So encompassed. The unit does not include
those &retie end those things which are defined as "common
area•. Ea ,111 unit is subject to such encroachmentn as are
contained In •,e hul lding, whether the same now exist or ma ,/
be later oaused or created in any manner relerr.d Lo In
ZeCtiOn 3.0/, below. In interpreting deeon and pinun,
then existing physical bounds-ice of a unit, wh”tp,.., In ,ts original state or reconstructed In substoltial a•ourdanc•
with the original plans thereof shall be conclusively pre.
Sumed to he its boundaries rather than the boundaries ex-
pressed in the lead or plan, regardless of settling or
lateral movement of the building and regardless or minor
variance between boundaries shown on the plan or deed, and
those of the building.
B. common Areas. The remaining portion of the pro-
perty referred to herein as "common area" or "common areas".
shall include, without limitation, all of the si, mwnts set
forth in Section 1.05 above. Each unit.. owner shall hnVe, an
appurtenant to his unit, an undivided interest to the rnmm"n
areas as eat forth in Exhibit "3". The ownership or each
condominium shall include a unit and such undivided interent
in the common area of that appropriate phase. The loLnrenL
In the common area appurtenant to each unit as described in
Exhibit "1" is declared to be permanent In character and
cannot be altered without the consent of all the unit owners
affected. end the first mortgagee* of such units, as ex-
pressed in an amended Declaration. Such common Intrrent
0' 71 tee ,..16
Fr:
8810702P 149
cannot be mepAreted from the unit to which it is appar-
tenseit. Each ue.1 owner may use the common areas in accar-
danc, with the .7.,,,POSeS for which they are intended without
Puede-ring the r ,ercise of or encroaching upon the rights of
any tether Unit Owners.
C. Reser,eted Common ernes. The following deecrined
port-,ons of ter et-arson ara4, referred to as the "restricted
areas - , hereby set aside and allocated for the
exelctsive use A! the owner of the unit to which they Are
attacered or .ss:71ned by unit number, as shown on the condo-
minii‘im plan er as declarant may designate in condominlur
grunt deeds• exclusive easement for use of one fit
Peric;ng space iresienated a "v.-" followed by A number); the
pets: space (Ar,.dnAted a "P").
D. Norrieive Easement In Recreational Ficilitiee.
Ever./ owner have a nonexclusive easement of use And
enjoyment in, . And throughout the recreationnl facilitlee,
including Parer and a nonexclusive easement for ingress
and e.gresm over 'nose portions of the common area which Are
not t-estricted , ,ommon area, Each such easement shall he
appurtenant le •ed pass with the title to every condominiam
unit.
T.ach resiAer ,-. of the apartments presently located on
the property dreeibed in Exhibit "1" shall also have a
nonexclusive eAs,ament in, to and throughout the recreational
facil,tiem, inc:...eing Parcel 4 and a nonexclusive easement
for _ogress -.mess over those portions of the come.
area ...Ilion Are e...t restricted common area.
Each owner shall have a nonexclusive easement in. to
and throughout the recreational facilities, includiou
Parcel 4 locates on the property described in Exhibit "%".
and a nonexclusive easement for ingress and egress over the
drlv,ways, sidees.as and other passageways located thereon.
Unless tere property described in Exhibit "5" is sooner
annesse. these .oat two easements shall terminate when
4
- N -
B810702P 150
declarant no longer Subsidizes the Assessments under the
Rental Use Agreement described in Soction 7.04. Upon annexa-
tion of Phase Two and/or Phase Three in accordance with the
terms of this Declaration, such easements shall become per-
manent so that every owner in each phase shall have a
nonexclusive easement of use and enjoyment in, to Ind
throughout the recreational facilities, driveways, side-
walks. and other passageways in all phases of the develop-
ment.
E. No Separate Conveyance of Undivided Interest. The
foregoing undivided interests are hereby estetlished and are
to be conveyed with the respective units as indicated above,
cannot be changed, except as herein it forth, and decla-
rant, its successors, assigns and grantees covenant and
agree that the undivided interests in the common areas and
tne fee tit , e to the res;lective units conveyed therewith.
shall nut to separated or separately ,onveynd. and each
undivided interest shall be deemed to be conveyed or en-
cumbered With its respective unit cyan though the descrip-
tion in the instrument of conveyance or encumbrance may
refer only to the tee title to the unit.
F. Unassigned Parking. In addition to the parking
spaces assigned to units on the condominium plan, there are
unassigned parking spaces within the development. These may
be used by all owners, their tenants, and guests, on a first
come, first served basis.
G. Nonexclusive Easement for Sewer, water and
Drainage. Every unit and the AMERICAN RIVER VILI.AGE Owners'
Association shall have a nonexclusive easement of use and
enjoyment in, to and throughout the newer, water And drain-
age easements, described in Exhibits - T-A", -7 -3 - , and
eT-C", attached hereto and iccocporated herein by reference,
including a nonexclusive easement of ingress and egress to
the same.
4
B810702P 151
3.03. Partition Prohibited, The common area shall
remain undivided as set. forth above. Except as provided by
California Civil Code Section 1354, no owner shall bring any
Action for partition, it being agreed that this restriction is
necessary in order to prnscrve the rights of the ownors with
respect to the operation and management of the development.
Judicial partition by sal. of a single unit owned by two (2) or
More persons and division of the sale proceeds is not prohibited
hereby, provided, however, such unit may not be partitioned or
eubdivided without the prior written approval of the holder of
Any first mortgage lien on such unit.
3.04. Annexation of Additional Parcels. Additional
parcels may be nnn•xed to and become subject to this Declaration
h: any of the fol:awing methods set forth in this Section. The
affects of annexation shall be am fallown: Upon annexation.
s•Witional parcels shall become subject to this Declaration
Without the necessity of amending individual sections hereof.
A. Anna.ation Pursuant to Plan. The existing project
consists of n one-hundred seventy-five (175) unit apartment
complex with related recreational facilities. For the pur-
pose of converting the existing apartment complex into
condominiums the conversion ha: been divided into three (3)
phases. The initial phame, that is the subject of this
Declaration consists or forty-ninc (49) units.
Declarant's plan of annexation is to eventually
annex Phase Two (Parcel 3) corststirg of one-hundred five
(105) units end up to thirty-two (32) of these units may be
rented to tenants who cannot or do not wish to purchase a
unit or who era not otherwise covered in declarant's pro-
posed tenant, protection program. These rentals will be
long-term as described L. Article 4.5, Section 4.5:01.
Phase Two (Parcel 2) will automatically be an-
nexed to and become part of this Declaration and the Associa-
tion when the first cunv.yance to a purchaser by declarant
Of a condominium unit within this phase is recorded.
ten.
Doe'
roar ,
Upcn
tint'
a aver
two',
ash:
unit
two
Phu
le
Ho!
=ha'
unit
or
unfit
In r
la
(cr ,
each
for
d330
ann.
but
dasc.
of t
to 1
of t
the
7 0 ." •
13810702P 152
A
The Owner of a unit in Phase Two will receive
title to an individual unit plug an undivided interest, as
ten0ot In common, in the Common area in Phase Two. The
Declaration of Annexation of Phase Two is attached hereto.
marled Exhibit "9" and by this reference made a part hereof.
Upon Annexation of Phase Two, each owner of a condominium
urn' shall be entitled to one (1) vote for each unit owned.
Furthermore, declarants plan of annexation is to
eventually annex Phase Three (Parcel 3) consisting of
twenty-One (21) units of which twenty (20) units are set
aside by declnrant as Section 8, or its equivalent, rental
unit s . The remaining unit may be rented under a conventional
lea,. program.
Declarant will rehabilitate the exterior of these
twenty-one (21) units and the common area within tnis phase.
Pha0e Three will automatically be annexed to and become part
of this Declartion and the Association when the first lease
is executed by a leasee on an apartment within this phase.
Befnrc the sale of a unit within Phase Three. declarant
shell rehabilitate the interior of these twenty-one (21)
unit s , Upon the sale of a unit within Phase Three, the owner
of 0 unit will receive title to an individual unit, plus an
undivided interest, as tenant in common, in the common area
in imams Three. The Declaration of Annexation of Phase Three
is attached hereto, marked Exhibit "10" and by this re-
feral ice made n part hereof. Upon annexation of Phase Three
each owner of an apartment shall be entitled to one (1) vote
for noon apartment owned and shall be responsible for the
as0elsments on each apartment so owned. Declarant's plan of
annesntiun contemplates that Phase Three (Parcel 1) might.
but need not be, the second phase of annexation.
Phase Two and Phase Three, beinq the property
des , ribed in Exhibit "5" may be annexed to and become a part
of the development. subject to this Declaration, and subject
to the jurisdiction of the Association, without the assent
Of the Association or its members, or without the essrsnt of
the ,:ondominlum owners, on condition that:
- 11 -
•
B8107 ■5 p 153
(1) Date for Annexation. Any annexatital f"ltsuant
to this Section shall be made prior to l.h m
anniversary of the original issuance of t.6, m„,st
recently issued Public Report for a ohne., . h h the development.
(2) Annexation and Development of
Parcels. If the declarant has offered FHA
purchasers and as a condition of providing
ing FHA has required that it approve any wine...0 10n.
the annexation and development of additional p,fupis
shall be in accordance with a general plan Of 46y.top _
ment submitted to and approved by the Federal
Administration (FHA). In such a case, dete'144 titans
for the development of additional 'property ieu., be
submitted to FHA prior to annexation, and Fhe
determine that such detailed plans are in 4.,,10ance
with the General Plan and so advise declarant,
(3) Declaration of Annexation. A Declerwli„ of
Annexation shall be recorded covering "PHIl.able portion of the property to be annexed. Said
tion may contain such complementary additions ,,q
fications of the covenants and restrictions dunl.diued
in this leclaration as may be necessary to retied the
differel.. character, if any, of the added Hrlju.vty.
and as are not inconsistent with the scheme Ar this
Declaration.
8. Annexation of Properties Requiring Approv4i. upon
approve' in writing of the Association, pursuant 1./ 4 lwo-thirds (2/3rd . $) majority of the voting power its members, or the written assent of such members, ee " luoinl
the voting powers or written assent of the Jeolar•HL the
owner of any property who desires to add it to the of
this Declaration and to subject it to the juriediciinu of
the Association may file of record a Declaralluu of
Annexation. If FHA financing has been offered in the
ment, and if as a condition of that financino
7
-anIeliPeatlweaellea•
B810702? 156 condominiums or common area shall be permitted and that there
shall be valid easements for the maintenance of said encroach-
ments so long as they shall exist.
3.08 Regulatory Agreement. If declarant offers FHA
financing to purchasers In the development, and if as a condi-
tion oC such financing FHA requires the execution and recorda-
tion of a Regulatory Agreement in rHA's then standard form, ax a
part of this Declaration or otherwise, then declarant is
authorized to execute and record such Regulatory Agreement on
behalf of the development.
ARTICLE 4. USE RESTRICTIONS.
4.01. Residential Use. Units shall be used for resi-
dential purpc 'es only. Except as otherwise provided in this
Declaration, .ith respect to declarant's development and sales
activ'ties, no part of the development shall be used or caused,
allowed, or authorized to be used in any way, directly or
indirectly, for any business, commercial manufacturing, mercan-
tile, storing. vending, mining, drilling, or other non-
residential purpose.
4.02. Rental. The development was conceived and in-
tended as an owner-occupied, residential development and wilt)
the exception of any life-term and/or long-term leases entered
into in accorddance with the relocation plan approved by the
City of Sacramento (see Article 4.5), no owner shall rent,
lease. or otherwise delegate the use of his condominium except
upon all the following terms and conditions.
A. All tenancies shell be on a month-to-month basis.
8. The rental shall apply to not less than all of a
condominium including its appurtenant rights except its
voting rights in the Association.
C. Any rental shall be by a wriLten agreement which
shall provide that the tenancy is subject to the terms of
this Declaration and the bylaws and that any failure of the
tenant to comply with the terms of this Declaration, the
bylaws, or of the Association Rules shall constitute a
default under the lease and entitle the Association to
terminate the tenancy upon thirty (30) days written notice.
S
4. i • . r • i. " 4 J1 8Y 4
rat r S.
Sr
.rr s
rg'szt ., err
13810702P 157
0, The Association, as well as the owner, shall have
the right ko determine that a tenant is in violation of this
Declaration or of the Association Ruing and upon such
determination, the AseOciation Shall have the right to t2rmi-
nate the tenancy upon thirty ( - k.) days written notice to tte
tenant. Whether or not such right is stated in any rental
agreement, every owner who rents his Unit automat.:cally
assigns to the Association this right of determining a
tenant's default under any of the condominium documents
applicable to the development And of terminating the tenancy
and evicting the tenant for such default. If the board takes
such evicl .n1 action, either in its own flame or in the
owner's name, the owner shall be responsible for all costs
thereof, including reasonable attorneys' fees, and shall
reimburse the aSsOCietion Joon demand for the entire amount
of such coa.a.
E, No owner shall lease his unit for transient or
hotel purposes.
F, the foregoing restrictions shall not apply to a
lender in possession of a condominium following a default in
a first mortgage, a foreclosure proceedin g or any deed or
other arrangement in lieu of foreclosure.
4.03. Offensive i;onduct . Nuisances, No noxious or
offensive activities including, but not limited to, repair of
automobiles or other motorized vehicles, shall he carried on
within the development. hfithing shell be done on or within the
development that may be 'Sr may become an annoyance or nuisance
to the resident.* of the aevelopment, or that i n any way inter-
( feres with ties quiet enjoyment of occupants or enngnmintums.
4.04. parking 'tn.. Vehicles. Each unit shall have the
use of at least One (1) parking 'pace by eXOlusive easement as
?.1 provided in 3.:tion 3.02. Each owner and all persons residing
with an owner Shall use the parking space SO assigned to that
owner for vehidle parking. Streets end open parking areas within
the development shall be available for additional parking of
passenger vehiales by owners and their outlets. The following
parking restrictions shall be strictly enforced'
- 16 -
a
8810702p 158
h. No t...,-king apace Shall be used as a storage
spazeN hobby fsc:.:ity Or for any other use or facility which
wOuld inierefere with its use for the accommodation of
vehic-les, ri, No wacs, 4-wheel drive vehicles, boats, motor-
cy.,, l‘A, campers. trailers, or other recreational vehicles of
alt! all of ..nich are referred to herein as "a recrea-
ti4mAl vehicle"; shall be kept or parked in any parking
space., driver/. sidewalk or Other common area, and parking
spapc., aS1.19n.rd or unassigned, may not be used for storing
or P.Arkind any recreational vehicle.
All srlvewaya and parking spaces shall be main-
taI ,,̂ d in a nee ,: and orderly condition.
0, No Silapidated vehicles or equipment of any kind
shall b. porrwre or left on any part of the project. There
snal -1 bw no re.o.:r or reconstruction of automobiles within
the 7,74,o1...d. exze,•t emergency repairs. The Association may
rwm•ros a,ly au-n vehicle or equipment at the expense of the
0"mc' thereof.
In oroer to prevent or eliminate parking problems
within tae develvox.nnt or to further define and enforce the
restriPtihe df this Section 4.04, the board shall have the
authorit'Y to estabaish additional rules, restrictions, and
inHiudin.3 the imposition of fines or towing orrice-
ciLees rorirrent violations of the parking regulations. as
determin.ed by the onan.l.
sue. No sign of any kind shall be displayed to
the puoll., wt..w oh from any condominium, or the common area,
without Ihw evprova: of the board. However, one (I) sign of
comeomery and re.sor.eole dimension* advertising a condominium
for sale Ar for rent may be placed witAin each unit or within
the ayes Immediately adjacent to the owner. Also. during
the perizAd or ar,:larant's nal _ea program the declarant may use
si-exe mns.':!h deelerent deems necessary and appropriate to adver-
tlu development and which comply with local planning
Y0
regulations and/or review requirements, p.ovided however,
declarant will not unreasonably inferrer with the owner's 09W
and enjoyment of the units or the common area and this right dr
declarant shall automatically expire two (2) years from flip
issuance of the public report fur the most recently a mcand
phase.
4.06. Antennae, External Fiatures. etc. No televisor' ,
or radio poles, antennae, flag poles, clotheslines. basketball
standards, or other external fixtures other than those
sriginally installed by declarant o• approved by the board or
any replacements shall be constructed • erected or maintained
or within the common area or any structures on it. No wiring,
insulation, air conditioning, or Other machinery or equipment
other than those existing at the time of the first condominiue
sale or approved by the board, and their duplicate replacemenfe
shall be constructed, erected or mointained on o- within the
exterior of any structure within the development.
4.07. Fences, etc. No fences, awnings, ornamental
screens, screen doors • sunshades, or walls of any nature shall
be erected or maintained on or around any portion of an%
Condominium building or elsewhere within the development except
those existing as part of declarantle original construction and
their duplicate replacements, or those which are installed of
authorized and approved by the board.
4.011. Animals. No animals, reptiles, rodents, live
stock, or poultry shall be kept In env e,cdominium or elsewhere
within the development except that an owner may keep fish in an
aquarium. pet birds in a bird cage or one 'I) pet cat or one lit
small pet Jog a dog which W.104 'Ot more than twelve
(12) pounds and which is accustomed to living indoors) withig
any unit. The board can prohlhlt maintenance of any animal the!.
constitutes a nuisance to any other owner in the sole snot
exclusive opinion of ..he board. Each pera6n bringing or keepInd
a pet on the development shall be absolutely liable to other
owners, their family members, guests, invitees, tenants, anti
- 18 -
.1,---.•---r-"7!"77 •
B810702r 160
tne r
deve..
prior
anythi
state
ings.
o 1 th in
balcOr
may of
4.
the r
recrea
negitg
purcha•
such d
lance
his f.
viteeL
harmle
person
the un
over t'
or dart
owner
port :-.•
app., t •
allowec
undly1 ,.
owner .
so tha.
liens r to the
whole.
assessm
minium
Contract purchasers, and their respective family members,
guests, and invitees for any damage to persons or property
caused by any pet brought on or kept on the development by such
person or by members of his family, his guests, or invitees. No
dog shall be allowed in the common area or recreational common
area except on a leash held by a person capable of controlling
it.
4.09. Trash Disoosal. No owner of a condominium shall
permit or cause any trash or refuse to be kept on any portion of
the development other than in the area and receptacles set aside
for trash collection, and no freestanding garbage cans shall be
permitted to rena.; anywhere visible in the common area or from
any neighboring unit except as may be temporarily necessary to
permit collection.
4.10. Outside Drying, L.undering. and Colors. No
exterior clothesline shall be erected or maintained and there
shall be no exterior drying or laundering of clothes on
balconies, patios, porches, or stairways. In order to maintain
external harmony of the real property, each owner shall maintain
drapes, curtains, or shutters for all windows, which drapes or
curtains shall be white, have white liners or be of a color
which matches the exterior building color. The requirement for
such drapes, curtains or other window coverings may be relaxed
or changed with the prior approval of the board.
4.11. Structural Alterations. No structural alterations
to the interior of any unit shall be made and no plumbing or
electrical work within any bearing or common walls shall be made
by any owner without the prior written consent of the board.
4.12. Exterior Alterations. No owner shall at his
expense or otherwise make or permit to be made any alterations
or modifications to the exterior of the buildings, fens .
railings, or walls situated within the development without the
prior written consent of the board.
4.13. Compliance with Laws, etc. Nothing shall be done
or kept in any unit or in the common area that might increase
- 19 -
RA AO 14. 1 . •
B510702p 161
•
the rate of, or cause the cancellation of, insurance on the
development, or any portion of the development, without the
prior written consent of the board. No owner shall permit
anything to be done or kept in his unit that violates any law,
ordinance. statute, rule or regulation of any local, county.
state or federal body. No owner shall allow furniture, furnish-
ings. or other personalty belonging to such owner to remain
within any portion of the Common area except in the patio or
- balcony porticns subject to exclusive easements and except as
may otherwise be permitted by the board.
4.14. Indemnification. Each owner shall to liable to
the remaining owners for any damage to the common area or
recreational common area that may be sustained by reason of the
negligence of that owner, members of his family, his contract
purchasers, tenants, guests, or invitees, to the extent that any
such damage is not covered by insurance. Each owner, by accep-
tance of his deed, agrees for hi,self, and for the members of
his family, his contract purchasers, tenants, guests or in-
vitees, to indemnify each and every other owner, and to hold him
harmless from, and to defend him against, any claim of any
person for personal injury or property damage occurring within
the unit of that particular owner and any exclusive easements
over the common area appurtenant to the unit, unless the injury
or damage occurred by reason of the negligence of any other
owner or person temporarily visiting in said condominium or
portion of the common area subject to an exclusive easement
appurtenant to the unit or is fully covered by insurance.
4.15. Owner's Obligation For Taxes. To the extent
allowed by law, all condominiums, including their pro rata
undivided interest in the common area and the membership of an
owner in ne Association shall be separately assessed and taxed
AO that all taxes, assessments and charges which may become
Liens prior to first mortgages under local law shall relate only
to the individual condominiums and not to the development as a
whole. Each owner shall be obligated to pay any taxes or
assessments assessed by the county assessor against his condo-
minium and against his personal property.
- 20 -
u3i ES.10702P 1.E2
;fa
--7:1WeLecor
i;
4.16. Owner's Maintenance Obligations. Eararfr owner tr..> I
be responsible for maintaining his unit, and equinnment ser% -
his unit and shall specifically: (11 paint. repair. and care
interior walls, floors, ceilings, windows (botn exterior
interior) and doors: (2; maintain, repair. am replace s;1
appliances. including kit,..en appliances, all air ronditto, ,
and heating equipment, and plumbing and light. n.5 :tortures. 7r
other mechanical equipment servicing his unit, witether Intsr,d
within his unit or in the adjacent comm,n area; (l. maintat,
repair, or cause the maintenance and repair of utility lines ..nd
connections within his unit: '4) clear, repair and replace
window; and glass, (truth exterior and interior), .nd. (51 , - - - n
and r.otntairi, but not paint any patio or balcony area to .7,,
the outer• has an exclunive aasment or right of erav-en 7 .
sides of patio, balcony and any stairway fencen or rat..
shall be painted by ...he Association, Such maintenam.ce and re n,
obligations shall be rarrted out without any str,,c- tura.
tions to the interior of any unit, and in the revent that ,
maintenance work might extend to or effect any 7-arty wal_
other portion of common area within the developsmrt, the
shell notify and obtain approval from the Assontation •ef
proceeding with such work.
4.17. Use of Recreational Facilities and loelogatir,
Use Rights. Every member of the Association shall have a r.; , t
to the use and enjoyment of the recreational facIlttles
to the following provisions:
A. The right of the Association to Chime reaso-,,
fees for the use of muy recreational fac1117 , by per:
other than members or [halt permitted delegees.
8. The right of the Assoriot1On to de ate or tfr:._
sfer any part of the common area to any pabltc
authority, or utility for such purposes and v-rnject to
conditions as may be deemed beneficial to the .4ssociatic,
determined by its board.
C. The right or the Association to neer, use afre-
hearing for infringement of rules or nonpars..ent of aslas_
sments.
- 21 -
ho
, w,
v .
I y
Me' "—* .■
13810702p 163
•tiny owner may delegate the right to use and enjoyment
of the rrireotional facilities to the members of his household
residing the development or to his permitted tenan•:: pro-
vided, Ix-server, that while en owner has rented his unit and melejated rights to a tenant, Lhe owner USL ri 5!,.,11 Zoe suspetote.J.
4.1e. Aronit.otn.1 control. It is intended that the
aevelopa,nt be maintained in the same condition and appearance
as orig=nal.y developed. No building, fence, awning, interior or
'exterior ,..%ndow covering, sign, house numbers Lr other nxtcrior
Addition of change or Alteration of the improvement - Shall be
made bi' == behalf of any person other than the Association.
And none the things requiring prior consent, as provided in
-this Arttzec , shall be done until a pr000sal therefor has been
submitted to and approval by the architectual control committee
("commit'[-' 1. rho proposal shall not be deemed submitted until
All plsos. specifications, samples, and other matnria:a neces-
sary to sd.c.quat.ely describe and depict the proposal have been
Melive•ed t., the committee. The request for approval amt rn'e-
vont mater_sla shall be deemed submitted as of the data when
they are to,rsonally delivered or mailed to the committee with
postaile prepaid. The address of the initial committee
referees to below I. AMERICAN RIVER VILLAGE Owners' Association.
Z/c1 Christ:. 0, Beedis, wr75 Folsom Blvd.. Suite N. Sacramento,
✓aliforrts a5/1215. Architectural changes not completed within
sixty Mays after approval must be resubmitted. The Board
may .. extension.
Committee. The committee shall have three II)
members. initial members of the commit:— tine
Oeclarant bet
1. Elias D. Mardis.
2. John D. neynen.
I. Robert Miranda.
The .oniversary of the issuance of the Floal Public Report
pertoinir,B -ro the development, declarant shall have the power to
22 -
•
B810702p 164
appoint two (2) of th. three (3) members of the committee until
the earlier of: (i) the fifth anniversary of the Final Public
Report; or, (ii) the date when ninety percent (90%) of all units
in the development have been sold. So long as declarant has the
power to appoint two (2) ',embers of the committee, the board of
the Association shall appoint the third member; thereafter, the
hoard shall have the power to appoint all throe (3) committee
members. Members of the board may serve as members of the
committee and the board may elect to act as the committee in
lieu of appointing special members thereof, in which case all
matters requiring approval and consent under this Article 4
she( be determined by the bead. Only those memers of the
committee who are appointed by the board neeu be members of the
assoridtion.
4.20. Board Consent Under This Article. Whenever the
board'• consent is required for any alteration, repair or other
matte, referred to in this Article, the board's decision shall
be subject to the requirements of the Regulatory Agreement which
provides that there shall be no remodeling, reconstruction,
demol:.ion or subtraction from the condominium development with-
out prior approval of the Federal Housing Commissioner.
4.21. Limitation of Restrictions on Declarant. Nothing
In this Declaration shall limit the right of declarant to
Complete sale of the property as a condominium project, and to
maintain such models and males offices as may be desirable in
carrying out such activities, provided however, declarant will
not unreasonably interfer with the owner's use and enjoyment of
the units or the comm.,n area and this right of declarant shall
automatically expire two (2) years from the issuance of the
public report for the most recently annexed phase. The rights of
declarant In this Declaration say be assigned by declarant to
any successor (to all or any part of any declarant's interest in
the developments, as developer) by an express assignment incor-
porated in a recorded deed that transfers an interest to such
successor.
4,22. Enforcement. The failure of any dwner to comply
with any provision of this Declaration or the other condominium
- 23 -
f .
S.
B810702P 165
documents shall give rise to a Cause of Action in the Associa-
tion and any aggrieved owner for the recovery of damages or for
Injunctive Melief, or both. If any legal proceeding is initiated
to enforce the provisions of this Declaration, the prevailing
party shall be entitled to collect costs and reasonable at-
torneys' fees. Any such fees or costs recoverable by the As-
sociation shall be billed and paid by special individual assess-
ment as provid ed in Article 7.
ARTICLE 4.5. LONG TERM LEASED,
4.5:01 Phase Tw,, Rental Units. Notwithstanding the pro-
visions of ustion 4.02, ur any other provision herein.
thirty-two (7-:) units within Phase Two (Parcel 2) may be set
aside by eclarant for existing tenants who cannot or do not wish
to purchase 1 out nr who are oot otherwise covered in the decla-
rant's propus•.1 tenant protection program. As to said thirty-two
(32) units, thy following sa applicable:
A. the initial runt range for these units shall be
from S245.00 to 5280.00 a month as of October 20, 1980.
R. the maximum yearly Increase in rent for these
units shall be seven percent (7%) per year.
C. The leases on these units shall have the same
conditions as those In Section 28-C-5(d) of the Zoning
Ordinance of the City of Sacramento and shall provide no
less than a three (3) year lease with four (4) suCcesive
options to renew the leese upon the terms and conditions of
each original lease. Seld leases cannot be assigned and the
apartment cannot be sublet.
D. Tenants under said leases shall be subject to all
of the rights and remedies provided to all other tenants as
if this project and all conditions have been approved under
Section 28 of the Zoning ordinance of the City of Sacrmento
including, but not limited to, Section 25-0-5(1).
E. Any lease or rental agreement entered into as to
said thirty-two (32) unite shall be by a written agreement
which shell provide that the tenancy is subject to the terms
- 24- Lf
R810702p 166
of this Declaration and the bylaws and that any failure of
the tenant to comply with the terms of this Declaration, the
bylaws or of the Assuc%ation Mules shall constitnte n de-
fault under the lease and entitle the Association to termi-
nate the tenancy upon thirty (10) days written notice.
F. The Association, as well as the owner, shall have
the right to determine that a tenant IS in violation of this
OeClaration or of the AssociatiOn'S Pules and, upon such
determination, the Association shall have the right to termi-
nate the tenancy upon a thirty (30) any written notice to
the tenant. wh•. , ,nr or not such right I% stated in any
rental agreement, every owner who rents a unit automaticallY
assigns to the .asociation this right terminating a
tenant's default under any of the Condominium documents
applicable to the development and of terminating the teneiry
and evicting the 'enant for such default: If the Board lakes
successful eviction action, either in Its own name or in the
owner's name, the tenant and the owner shall be jointly
responsible fur the cost thereof and shall reimburse the
Association upon lomand (or the entire amount of such costs.
C. If the ,wner of one of the rental units subject
to this Article is in default due to failure to pay assess-
ments, fines and/ur other legitimate charges of the Associa-
tion, during the period of default the Association can
appoint a receiver Co collect rent from the tenants on
hehalf of the A,1”cintlon up until the amount of any default
and the balaooe of the rental payment, if any, shall bn
PrOOPtlY paid ti , unit owner.
H. The Association, at its election, ay rt ,ord a
lien for asses•moots, fines or other legitimate charges of
the Association that are in default and foreclose upon the
same by either judicial foreclosure or a sale under the
power as if IL were it Urant. Geed under California Civil Coda
,section 2924(c) et, sag., however, any such foreclosure is
subject to and will perserve any existing tenant's right , .
If any, in such foreclosed unit.
- 23 -
els
(20) uni
;varcol
•gutoalo,
a colleen'
:he folic
salt
nf CI
Ch .•
bvl 41.1
••q
the r
n. t !
renta.
asstg,
t onan
appl ■
and o -
owner'
reap,
Assoc.
to th
asses.
Assoc:
can ai
RETZMIT.
B8107021) 167
AMC enaas.._
beh
ar-I
pr,
lie
the
sac:
Ca)
any
exi•
ARTICLE
5.0
benefit.
Califor.
sale tc
duties
the byl
control
facillt
5.0.
conoomi:
the Ass
be sepal
to asses
Associa'
each cc
intere,:
The vol
selves
be cast
respect
assessm,
5.07
long the
the art
shall br
4.5:02 Phase Three Rental Units. Notwithstanding the
provision of Section 4.02 Or any other provision her,in. twenty
(20) units of the twenty-one (21) units within Phase Three
(Parcel S) are set aside by declarant as Section B. or its
equivalent, rental units. The remaining unit may be rented under
a oonventtal lease program. As to Said twenty-one (21) units,
the following is applicable:
A. Any lease or rental agreement entered into as to
said twenty-one (21) unite shall be by a written agreement
which shall provide that the tenancy is subject to the terms
of this Declarall..n and the bylaws and that any failure of
the tenant to comply with the terms of this Declaration, the
bylaws or of Lilo An3OCtatiOn Rules shall constitute a
default under the leash and eetitle the Association to
terminate the tenancy upon thirty (10) days written notice.
B. The Association, as wall as the owner, shall have
the right to determine that a tenant is in violation of this
Declaration or of the Association's Rules and, upon such
determination, the Association Shall have the right to termi-
nate the tenancy upon a thirty (10) day written notice to
the tenant. Whether or not suclh right is stated in any
rental agreement, every owner who rants a unit automatically
assigns to the Association this right of terminating a
tenant's default under any of tha condominium documents
applicable to the development and of threatening the tenancy
and evicting the tenant for such default. If the Board takes
successful eviction action, either In its own name or in the
owner's name, the tenant and the owner shall be jointly
responsible for the cost thereof and shall reimburse the
Association upon demand for the entire amount of such costs.
C. If the owner of one of the rental units subject
to this Article Is in default banause of failure to pay
assessments, fines and/or other legitimate charges of the
Association, during the period of default the Association
can appoint a receiver to colleut rent from the tenants on
- 26 -
pavoq ayq se 1-Jsztjjo yanw puv pavoq oul Aq pazonpuod aq Hays
4°11vT00ssV "' ;0 SJ,w1.1... s'41 .gm0lAq agl Jo 'said/zap oyq
'UoT4PJW/300 ul y7ac4; pas sv saaqwow Jo /wAoadde ayz buI
-alnbaa sJsz=• v• se zda,c=w3 .uoTloy uollrloossy •LO'S
•a4upwwon Sluawsspinis
uatim at.,np 2U-1 Se assmc yaws u/ swniutwopuop ayl oz loadsoa
•;sPA buzzOA ']Tun Auv oz zaadsaa two+ zsvo aq
24oA (t) auo aJOw [7.P.US 4UsA2 OU ul znq .aulwaalop SaA/pC
-°"41 6u0.. se Past=,-,ava 01 11.'4. llun onns Jo; a70A vol
•saaqwaw aq SuosJ41 udns lie .wniulwopuod Aue Ul 7saJp4U1
Ur sp/oy U0sJJ•t) auo ussul 0Jow USUM •paum0 tuniulw0pU04 unp0
Jug olon (I) au: 01 pal17-zua sq IIPOS aaqwow yde3 •uoTzeldossW
aqz uT dTysaowww ;o SSI2j= (1) DUO aq livys aaayl —uatuSS0ssc oz
znacqns s/ wnwIwoomod Aux lo dlosJaumo mOJJ pleavdas sq
zou Ass, pus 0: L=vuazanddu aq /Toys dtqsaaqwaw •uotz•ldossy
jo aoqwaw e a< ::wys Zuaawssosse 01 zoo(nos st yd.tym wnTulwoouod
PJC JaUmo •UOT4Vrz.0SS4, way u] dlysaoqwaw 'ZO'S
•uoaaayz pazedol satql/Idv;
leuolleaadaa Tue Pals uossood ayz ;o adueuazulew pue loazuod
',1 paz/w/r( ._-q 'But=trtaul uoIleavidan styz our smelAq slip
.saiz/Zav ayz == cizaoj 4.4W SJO.od SUT %mos palsoAut pue sa/znp
"44 441M ;4"5.. ag Ite=m 00T4e400sse 0U2 UV 04 ales
LunIuToOpUOD aqq jo pue &sold ayz uo •cluaoillvo
jo azers ay=
•
sole/ JPVJO pawao; uotzvaodoJa lljouaq
p,n1nm 5! uc,-=‘,/dossy ayl •uoilowanA '10'S
'NOlIVIDO:;SV :041 'S
'1TUn pasoIza.d7; tans mm..Aue jt .s11441a s.lueual bul7s7xa
Aue aitaasoad :•:s pue zdafqns sl aanso/daao; 1430S Aue
'J.i.A0m0O ••Ea: '()!.:7,;r uoulas apo3 /Into eTuao;Ile0
aapun ales aanso :dose; y Jay7Ta Aq awes
ayz uodn aansc pue Li/ aJte u011eIDOSSy ayz
jo saBavyd az w.s., aou:uo JO sauy; .szuwassasse Jo; Uagj
Ppaopaa Arm 'Llztzdata S=T ze 'uotzetaossv dyi 'a •J.umo 41un ay4 oz met! Aildwoad
aq //eys .AuE
▪
.7uawAs•z2 tPTUSJ a44 jo aducTeq ayq pue
zlnejap Aue lc :.,-=owe aqy zllun do uo/Zoldossv ayz jo JI04aq
PST
•
4r
fi — *-r—`31.8lemisiejrireeerrse:
•
13810702P i69
may elect or apDraant. Such electIOn or appointment shall he in
accordance with =tiffs ipri or the bylaws and their amend-
ments, Except ax otherwise provided in this Declaration, the
articles or the bylaws, al: matters requiring the approval of
members shall be deemed ismaraved 11 members holding a majority
of the total vos=mg rights assent to them by written consent or
if approved by 4 majority rote Of a quorum of members at any
regular or spec 3 .2. meeting Its. 2 d in accordante with the bylaws.
AATICLE 6. p,:l.a:Ns AND yurze5 OF ASSOCIATION.
- 6.01. r,■mrn. The kusc.ciation shall have all the powers
of a nonprofit bee ?'.it corporation organized under the
General Nonprofit Corporsti-Ns Law of the State of rallfornla
subject only • limitslzana oh the exercise of such powers
as are set !cr.', In the ar:tzlwa. the t•laws, and this Declara-
tion, It Shall ,.ve the pp.., to do any lawful thing that may be
authorized, rerv.1:,..ed, or per-e.tted to be dune by the Association
under this Dec: ,ratIon, lase articles and the bylaws, and to do
and perform any act that •.ry be necessary or proper for or
incidental to. exercise c.f any of the express powers of the
AssociatiOn, wil:en‘at limitation, the powers described
in trite Article s.
G.02. Azasessments. Aseoclation shall have the power
to establish. fi.s. and le-vs. eareaaments against the owners of
condominiums and to enforce. payment of such easessments in
accordance with tYx provisiamm of this Declaration.
6.03. Alt ,7•M of Enfo,ement, The Association In its own
name and on its own behalf. or On behalf of any owner who
gonsente can coemeenco and ma:ntain actions for leimages or to
restrain en: .n;-;.in any or threatened breach of any
provisions of th:.s. Declara:1,n or Of the ar`trlos or bylaws, or
of the Associat 1 sae. Rules or mny resolutions of the board, and to
enforce by Mand.enry Inianc•tiun, or otherwise, all of those
provisions. In ..edition, te Association can suspend the voting
rights, can suspernd use prix:legea of the recreational facili-
ties or can assats monetary 7r,enaltles against Any owner or other
aseSseeseseesellarifi.
13810702P 170
person entitled to exercise such rights or privileges for any
violation of this Declaration or the articles, bylaws, Associa-
t ion's Rules, or board reSolullons, However, any such suspension
,f use privileges Cannot emceed a period of thirty (30) days for
any one (1) violation and cannot exceed TwEnTY-FIVE DOLLARS
i525.00) for any One (1) violation. At least fifteen (15) days
Prior to the effeCtiVe date of any discipline, written notice
must be hand delivered or mriled by first class mail to the
member at his last address as shown by the Association's
.records. The hotios shell recre the nature of any discipline to
. e imposed, the respons therefor, and the date, time, and place
At which the member may be heard by the board, either orally or
in writing, regarding the propriety of the infraction and the
tiscipline. 711a hearing may he held at any regular or special
meeting of t•, board, but shall not be held less than five (5)
iris prior to the proposed effective date of the disciplkn•. The
owner or other Pelson to he fined or suspended can appear, be
represented by cohnssl and be heard at the meeting. Except as
7.-rovided in cols Article, the Association does not have the
power or authority to cause a forfeiture or abridgement of an
owner's right to the full use and enjoyment such owner's
condominium except when the loss Or forfeiture. Is the result of
t,e court judgement or an arbitration decision r. foreclosure
or sale under a Pgwer of eels baited on failure of the owner to
Pay assessments levied by the Association.
6.04, Delsuatlon Of Powers, The Association, acting Ly
and through the hoard, urn delegate its powers, duties, and
responsibilities to committees or employees, in,haling a profes-
,,onal managing agent I'manager"). Any agreement for I ores-
,ional management of the condominium project shall be termlrible
'y either part), with ur without cause and without payment of a
termination fee on thirty (30) days written nott,:e. The term of
any such agreement shall not exceed one (1) year, except as
otherwise provided In Section 6.11(0), out may he renewable upon
agreement of the partied. The Association shall not employ a
management agent for the development nor enter into a management
ti 07
11810702P i7i
contract nor undertaae self.management until such Limn as the
Federal Housing Commission has apprO,ed in Writing the proposed
management agent, form of managemen. contract or other manage-
ment arrangement as required by the Regulatory Agreement,
attached hereto as Exhibit "h. of this Declaration,
6.05. Association Allies. The Association shall have the
power to adopt, amend and repeal its rules as it deems reason-
able. The Association Rules shall govern the use of the common
area Including, but not limited to. any Parking not made
restricted common area, the recreational 00mmon area, and the
private streets by the owner or his family, quests, invitees, or
by any contract purch,ser, tir tenant or their respective family
members, guests, or Invite, however, the Association Rules
shall not be inconsistent With or materially aster any other
provisions of this Declaration, the articles or bylaws. A copy
of the Association Rules as adopted, amends,; or repealed, shall
be mailed or otherwise delivered to each out, and a copy shall
be posted in a conspicuous Place within the development. In case
of any conflict between the Association Rhles and any other
provisions of this Declarallon, the article., or bylaws, the
provisions of the Association Rules shell be deemed to be
superseded by the provisions of this Declaration, the articles
or the bylaws to the extent Of any seek inC4nakat.ncy.
6.06. Duties of the Association. In addition to the
power. delegated to it by its articles or the bylaws, and
without limiting their genei . nlity. the Asso•iation, .1, c/rig by
and through the board, or persons or enlIVI,A described in
Section 6.04, has the oblignlion to conduct all business affairs
or common interest to all 'loner* and to i•orfora cacti of the
duties hereinafter described,
6.07. Operation and Maintenance. The A.rociatinn shall
operate, maintain, and otherwise manage ar provide for the
operation, maintenance and management of the common area, the
recreational facilities, and all Ita facillties, improvements,
and landscaping, Including any private driveways and private
str•
in
ihi
ser•
canir
prO .
al:
pat
of
ma ir.
cos,.
t too
purr
.-omr
sep.,
shal
and
t.se
ed 1
bond
lion
:urn
Any
race
utllI
the s
- 30 -
13810702P 172
EI
I .•
•
cr
a•
al reets, and any personal property acquired TT the Association,
in a first-class condition and 217 4 good 5:4:C of repair. In
this Connection. the Association ==y enter _=to contracts for
aorvices or materials for the benefzt of the Adisociation or the
common area, including contracts actih declaract subject to the
provisions of Section 6.04. The roczrs and exte-rior surfaces of
all the buildings within the de,e.7.opment, t7Th sides of the
patio and balcony fences and all otter stems ..r.. on are not port
of an indiVdduaI unit shall als= be pai-st•rl, repaired and
maintained by the Association. Tit Associatzeim shall have an
,casement for access upon individual snits as --r-scary in connec-
tion with its ma•ntenanco obltgar-tons here-seer or for the
purposes eliecting emergency repal.77s. Whets er located within
codoon area or not. each owner s.==:1 mainte.n those items for
which he is specifically made resq.v=insible unzer Section 4.16 or
tills Declaration.
G.08. Taxes and Assetwsments. 7z the extent nut
asnarately .issessed and paid by =me owners. the Association
'shall pay all real and personal pr=nerty taxes and assessments
aod all other taxes levied against =me comm.= Lrea and personal
property owned by the Association Or agai=s7. the Association
11.alf. Such taxes and assessments =atv be contested or compromis-
ad by the Association; provided tr.at they are paid or that a
bond insuring payment is posted bef=re the sale or the disposi-
tion of any property to satisfy the 7asyment of sLach taxes.
6.09. Water and Other Utilities. The Association
• liall acquire, provide And pay for wxter, s•e.•r, garbage dig-
ho.al, refuse and rubbish collectlar, clectrizs_, gas and other
n...slis8ry utility services for 7-roe common s.-ca; as to the
•oodominiums, the Association shall provsie utilities only
it and to the extent that such srrvices are not separately
rnunlshed and billed to the indsyseo.al condomsn=dms. The term of
Any contract to supply any of the' listed services shall not
sr. aed one (1) year; or, if the six=soller is a regulated public
uldlltY, the shortest term not to exceed one ,l) year for which
lbw supplier will contract at the apcslacable red fated rate.
- 31 -
8810702P 173
,•,10. Insurance. The Association shall obtain,
reputable ihmvance dompanies, and maintain the insurance
cribe'4 in AFE1Fle 9 '
6,11. Limitations on Authority of Board. Except
from
des-
with arr•
tic.;
sha:
inc
or
ent
by
mist
An„
the ,19te 8F of,ltten assent of members of the Association holding
EiftytrOne pmFeent (51%) of the voting rights of members otner
than the ghhhirant, the board shall not take any of the follow-
ing metiorpii
A ; Incur aggregate expenditures other than of accumu-
lated F eff,arves rf.r capital improvements to the common area
sm any •tkoal year in excess of five percent (5%) of the
A,algethd gross expenses of the Association for that fiscal
year,
N, Set, ,luring any fiscal year property of the
Aasocldblehn ha , ind an aggregate fair market value greater
than fiv e percent (5%) of the budgeted gross expenses of the
AasoC1NEi&p for that fiscal year; or.
I:, pay compensation to members of the board or to
atf101F, 8f the Association for services performed in the
..onduct e,f the Apaociation. However, the board may cause a
...other o f the board or an officer to be reimbursed for
FKpeniki ipcurred in carrying on the business of the Aseocia-
b/on.
min.
eact
cost
Ass,
to
In1,,
main
of -
tear
aft•
6, Filter into a contract with a third person wherein
t/lA tIlifd person will furnish goods or services for tne
ent.60q dt,94, or the Association for a term longer than one
(I) yaw. .yith the following exceptions: (1) a management
contraiih . the tetrAs of which have been approved by the FHA;
(li) 4 , optract with r oublic utility company if the rates
chAr7e4 tHp the materials or services are regulated by the
public uti4ities Commission provided, however, that the term
of the ,60tract •nail not exceed the shortest term for which
Elie auFo lipr will contract at the regulated rate; and, (iii)
pfepatq 6dsuelty and/or liability insurance policies not to
.,,caerl Emcee (3) years duration provided that the policy
por■ it4 ir tiF short rate cancellation by the Insured.
k ; Aaplaca a director who has been removed.
- 32 -
men,
and
of
disst,
one
pers
resp•
pers.
inst
auto.
owner
1
R810702P i74
6.12. Personal Liability. No member of the board, or of
any committee of the Association, or any officer of the Associa-
tion, or any manager or declarant,or any agent of declarant,
shall be personally liable to any owner or to any other party,
including the Association, for any damage, loss or prejudice
suffered or claimed on the account of any act, omission, error
or negligence of any such person or entity if such person or
entity has, on the basis of such information as may be possessed
by him or it, acted in hood faith without willful or intentional
misconduct.
AR,ICLE 7. ASSESSMENTS.
7.01. Agreement to Pay. The declarant, for each condo-
minium owned by it in the development, covenants ,irid agrees. and
each purchaser of a condominium by his acceptL.,ce of a deed.
covenants, and agrees. for each condominium owned, to pay to the
Association: (1) regular, annual assessments or charges: (2)
special assessments for capital improvements or unusual expenses
to be established and collected as hereinafter provided; (1)
special individual assessments levied against individual condom-
inium owners to reimburse the Association for extra costs for
maintenance and repairs caused by the willful or negligent acts
of the individual owner and not caused by ordinary wear and
tear, such assessments to be established and collected as herein-
after provided.
7.02. Personal Obligations. Each assessment or install-
ment, together with any late charge, Interest, collection costs
and reasonable attorneys' fees, shall be the personal obligation
of the p:rson or entity who was an owner at the time such
assessment, or Installment, became due and payable. If more than
one (1) person or entity was the owner of a cunCominium, the
personal obligation to pay such assessment, or Installment,
respecting such condominium shall be both joint and several. The
personal obligation for delinquent assessments, or delinquent
installments, and other such sums, shall not pass to an owner's
successors. in interest unless expressly assumed by them. No
owner of a condominium may exempt himself from payment of
7.
1.1
,rd
-, Tray
f .cal
ori'
E510702P 175
assessments, or Installments, by waiver of the use or enjoyment
of all or any portion of the common areas or by waiver of the
use or enjoyment - of. or by abandonment of, his condominium.
7.03. PUrPOnn of Aseitssments. The assessments levied by
the NsIsociatIon shall he used exclunIvely to promote the re•rea-
tion, health, safety, and welfare of the members of the A•souia-
ticn, the improvement, replacement, repair, operation. and main-
tenance of the common are.' and the recreational facilities
located thereon and the performance of the duties of the' Awvocia-
taon as set forth in this DeClaration.
7.04. Regular Anseslments. The initial rego.ar u 000al
assessment for each Unit type shall he set forth. in Exhibit "El
attached hereto which contains a separate budget for each phase
and a separate budget fa: the recreational facilitieo ..UCh
initial assessment amount *hall apply until January I of Me
year immediately following t he convnVanced of the first. i•ndo-
minium to 4n owner, at whirh Clime it may be incr....n. 1 in
accordance with this section and. if applicable, Section 7 . 06
below. Not more than sixty 1,0) days nor less than thirty (30)
days before the beginning of each subs equent fi scal year the
board shall estimate the tutal amount of fonds neceseai'y to
defray the hommun expenses of the Association for the next
fiscal year, and shall dtduct therefrom the amount which
Declarant is contractually obligated to pay to the Association
relating to the recreational racliirtem pursuant. to a R•n•a1 Us ∎ Agreement approved by the California Department o: peal Knlate.
rbiCh is attached hereto marked Exhibit "ii - . and by this
reference made a part hereof. II the amount ts approved le/ a
majority vote of the hoard, the estimate shall he useA to
establish the regular assessment upon each condominium tut such
year. However, the hoard may not Increase the amount of the
rf regular assessment for any fiscal veer of the associati•o by
more than twenty percent (3OZ) shove the amount of the prior
year's regular sent (except the first such year It it
should be less than twelve (12) months) without approval by vote
- 34 -
•
P'‘!1.0702? 176
or the written “onsent ur flfte-one percent :•,1%) members
other than the declarant. Except for ana aped.. ,rftvidual
assessment, the amount of the assessments ft ,' vJ.. ..oLt type
shall bu in flier memo proportions as the initial reioi.r annual
assessmen14 ant forth in Exhibit - 8". Th. toghlw. ,...:ensments
shall to payable in regular installments Am prov..t.4 in this
Declaration and shall Include adequate reser,oe f•,ls fur con-
tingenclee and for maintenance, repairs. ama of the
common area imoinvamentm that must be rigelated-vo . periodic
basis soffiden• to satisfy the requirmmonte Of 4o• inati.-
tutional morigage•. Unlemm the ASSOCiat:n he wx.e....ipt. from
federal or :late lax•a, 411 reserves shall Po eC,o%,,,.•d for as
contribuLl””, to the capital of the ion •,: 44 trust
funds segreq4led from the regular income ot or
in say mbmer enihnrized by law .r rogolel of the
Internal laroice •nd the California Trench., •4x Hoard
that will p...•/.111 auch rondo from being 1.A...a 4N of the
7.05. 211Ert•l Aemessmentm. If the P.aerd that
the estimated total amount of funds neces.arY to 1.tray the
•-common "r the ...iodation for a ot,en fiver., / . or Is or
will become hoiden...to to Meet expenses for Any rr4A.,y ;Includ-
ing, but not. 'hulled to, unantidipated delinquencies, , :oots of
construction, onmene•ted repairs or replace—ewe of im-
provement., on LI.. com.em area or recre2tio....,1 the
board shall dal ., Minn the 4prrOXLM4te amount pw“omow./ defray
Such .wpouwe.m, .1664 pr tho n000int Is appro•... pr a ,,;,. . tV vote
Of the I**,** r4 II 'hall howomo a special amen , board
May. ln 114 al.401”11.n. prorate such special ...Yrr the
remaining month. ol the fiscal year cr. tn. ...•omment
immediately n14011141. e“cb condominium. Unle.. e. rmpl fr• federal
or state incl.... in...Lion, All proceeds fro. any ■pe•f..
meat shell he AiN•Auataa and deposited int. , . lapse r., account
and shall be u...1 mutely for the purpose or purposes !,, which
it wan levied or it shall be otherwise ha...tied oavf in a
35 -
zoeN: awsge.,
13810702? 177
manner autac, rized by Lew or regulations of the Internal Revenue
Service an.:, the Cal:e,rnia Franchise Tax Board in order to
avoid, if 1brissible. ita taxation as income of the Association.
Any srecla1 assesemere in excess of five percent (5%) of the
budgeted grb,ss expense af the Association for the fiscal year in
which a Spec-del aamessaaent is levied shall require approval by
vote or trna written -anent of fifty-one percent (51%) of
members othser than tn., declarant. Any special assessment to
raise . funds for th rebuilding or major repair of the structural
common A*ea, housing ..,Jets of the project shall be levied . upon
the baste cc the ratiz, of the square footage of the floor area
of the unit to be asse-ssed to the total square footage of floor
areas units t,ae assessed. All other special assess-
ments. ex.respt specli'_ individual assessments described in
Sect]:, shall allocated and charged among unit
owners in t:be same cr.mbartions as the initial regular annual
assessments s.et forth Exhibit "7" attached hereto.
Uoticr Quorum for Membership Approval Under
Sert7v• 7.i■ or 7.01, Any action authorized under Section 7.04
or 7..37. abew.e which respalres a vote of the membership. shall he
taken at a meeting ciL:ed for that purpose, written notice of
which shall :.e sent t: all members not less than ten (10) nor
more than stsmy (NO) in advance of the meeting specifying
the place. .nay and ,.roar of the meeting and, in the case of a
special meett.n0. the ',tare of the business to be undertaken. "f
a querum is present end the proposed action is favored by a
majority vcrm of the members present at such meeting, but such
vote :s less than the —eauisite majority of members, members who
were net prs-,ent In or by proxy may give their assent in
wrttanl. pr- zwIded thr same is obtained by the appropriate
officers of ...he Aasocillian not late- than thirty (30) days from
the date of -such meetir,;
Special '.ndividual Assessmer.ts. Special indivi-
dual asses•ments may or levied by the board against an indivi-
dual cendoetnium to ,eimburse the Association for expenses
- 36 -
0
orramormr
1' 177 E810702p 178
Hucenue
.per I n
1,tioh.
a the
'ear in
yal by
.1..1 or
awlt Io
,„$turnl
ad upon
area
r floor
$nsess.
bad In
unI1
bnoiln I
incUrred by the Association in nccumplishing any maintenance.
repair or replacement for which the owner is responsible under
this 0.elAration. Such expenses include those caused by an
willful or negligent acts on the development and those
daueed by An owner's failure to meet his maintenance obligations
set fort.), in Article 4, At the first regular meeting of the
board foli.ming
roptaccMeot, the
lndUrre4 by the
compietion of such maintenance, repair, or
board shall ascertain the amount of the expense
Association in performing the work, including
labor abd materials. and shall levy an ansessment in that amount
MgMOSt the Condominium to be charged. The special individual
oisessmehh thus levied shall be paid by the owner of the
o.o• ,.. 1 0him on or before the date when the regular Assoc'ation
sksessmeb1 LA next due.
7.1114 . Assessment P•riod. The regular assessr-ent period
shell C.mmonce on January 1 of each year ang shall terminate on
Do , : embo , -11 or such year. and regular assessment„ shall be dndwr
of 7.04
1,,4
nr
$.1 nor
al tying
$a of n
1 by n
su•h
■ a Who
1..it In
pnyable In
some 0, 11er
SfleaSSIThsto.
equal monthly installments unless the board adopts
boats for collection. However, 1, he in: ial regular
period shall commence on the first day of the
./4
I.en Sew
dalendap maith following the date on which •he sale of the first
aon400m 1 hium to a purchaser is Closd and recorded (the "initia-
ilo0 d4! e") wig shall terminate on Decembnr 31 of the year in
ehitih the initial sale is closed and recorded. The first regular
asses5m.40, and n11 special assessments shall be adjusted accoMO-
ing to the number of months remainIng in inc fiscal year after
the Inigiai.lon date. In each additional phase the assessments
against Iha Condominiums therein shall similarly commence on the
(Ire ,' any of the month following the closing of the first sale
of a candewinium In that phase, and al“eawwents shall be ad-
justed s..frding to the number of month, rhnn remaining In the
eslendsu year.
Notice and Assessment Due Oates. The Association
m4y, b41. shall not be required to. give written notice of
rwgillar .mnusi assessments unless there Is a change in the
amount doe late thereof. If any special assessment is levied
- 37 -
070
v . :
B81070213 179
or if ] here ie a chahge In the amount I)1 due date of regular
eeeeee(541 0:s, the Assoolati on shall be rn 'Mired to give a single written
Ilbtice thereof t ]wrist fifteen (15) days prior to the due datio
which shall 11p spoOried in the notice. The due date for PaPht of the aetliessmont installments shell be the first day of 14 4b1, month, unleg s viola other data board.
Ls established by the
—tcri matallmeifir of f0 cellar or spacial assessments shall
become 011nquent if ro4 pa id within fifteen (15) days after its due d.:04i i A Iota charge to to ten perPent (10%) of the amount due shall
be charged when the installment becomes delinquent and
53 of Ihe fifLh (5th) day of each subsequent month that It remainA 14,1 inqu.nt.
7.113 estoppel Certil:Icat°' The board or manager, on
not le4i, non twenty (20) •sYS prior written reque9t, shalt
execute, •tcknowledge aftd deliver to the party maktng such
request , / statement writing Stating .hether or not to the
kflcwiegiN of tho Assuotat- in t Particuisr Greta,' is in default es to hl 1
eonduminlum inigar the provision, of this Declaration and furlh,,
stating the dated to which Histaliments of assess-ments, 1
i g,.:: 1 ::cr,Orce :pt al= . have been Paid en to such condo- minium. '
delivered p4Nliant to thin Section may
be Ji(lied mo by oily pr.00pectivq Purrlinser or mortgagee of the con.4,1
Minium, but reli ance on such certificate may not extend to ly . 4 tault not invHivinl the payment nf assessments of which the si
9°4 1' has no actual knowlege•
ARTICLE q . ENFORCENNT Of ASSESSMEUT hiflacArtorms.
e Q)
polionuelit,y Remedies• “I Association. If any
"Seeemehk, regular or special, or any Portion thereof, is not paid " "Illn fifteen (1St do'', ..""
of the dal e when due, then such
together J. or p(-ntlon 1-hereof shall bacon. delinquent and shall,
with late chebges miP1 costs of dolleetion as provided
below, /reupon becomeeOntinulng item on the condominium
again" *Itch such a aaa ss ff f, was made. A one-time late charge equal
b/4 tan percent (10%) of the amount h., shell be charged an of the 4
4 , , tA when the InatellOwot becomes deli quant. In addition
- la -
1 •1 r
• ' •t. 4,4. •,.... s
—..
119107021' 180
to all other legal and equitable roghts or run's-dies, the Associa-
tion may, at its option, bring an action at' law against the
owner personally obligated to pa7 the same: upon compliance
with the notice provisions set faith in S<r -:Lon 8.02 below, to
foreclose the lien against the cmndominion and there shall be
added to the amnunt of the deliro-duency p7. -ds late charges all
costs and expenses, including reasonable e:t.7.rneys' fees incur-
red by the Association In collecoong the del•-nouent assessment.
En lieu of judicially foreclosing the lien. toe Association, at
its optiOn. may foreclose suco by pro.7 ,eedIng under a power
of sale as provided below in Secto.on 8.03 : .s.s.gb a power of sale
being given to the Association as to each an every condominium
for the porn .se of collecting delonquent asseissroents. Each owner
vests in the Association, its sucoessors and assigns, the right
and power to bring all actions mf law :r _ten foreclosures
against such owner or other owe,,,s for plinn,nses of collecting
delinquent assessments.
8.02. not r.:, of Claim of Lien. :.: action shall be
brought to IGreclose the lien or to proceed ender the power of
sale less than thirty (ln) days after the Oa., a notice of claim
of lien, executed by -July autogrrized recresentative Gf the
Association, is recorded with t.`., Sacrament: County Recorder,
said notice stattoo the amount c:etmed (wnizt may include late
charges and costs of collection, :ncluding reasonable attorneys'
fees), a good and sufficient l•gel descriction of the condo-
minium being assessed, the name of the recrn - t- owner or reputed
owner thereof and the name and address of -d7r. Association as
claimant. A copy of said notice rf claim 5-a_: be deposited in
the United States Roll, certifier. or reo:s,ned wirn postage
thereon fully prenaid, to the owner- of the r:rconminium.
8.03. Foreclosure Sale. 4.ny sue.. provided for
above shall he conducted in accor-dance one provisions of
Sections 2924, 2424b end 2924c cm success-a- orovision ■ of the
Civil Code of the State of Calif:1=4a, app:::.-aeOle to the exer-
cise of powers of sale In mortga.:,s and oteeos of trust, or in
--------
3810702P 181
any other manner permitted by lse . , the •ss•hriation, through its
duly authorized agents. shall ,Avm. the 7...nwer to bid on the
condominium at foreclosure sale AoA to a:=-..re and hold. lease.
mortgage and convey the same.
6.04, Curing of DerAulr. Upon L,,e timely curing of any
default for which a notice • if u:aiM of lie, was recorded by the
Association, the officers of tne. Associatirn are hereby autho-
rized to file or record. es t ^K caae be, an appropriate
release of such notice.-
8.05. Cumulative Memedle-s, The imsArssment lien and the
rights to foreclosure and sale t..tten .eunder small be in addition
I., And not in substit,tion for All other rights and remedier
which the Association And Its assigns may ,eve hereunder and by
is or I n equity.
8.05. SubordinAtion of the Lien tr mortgages. The lien
nt the assessments provided for herein sr-.1:1 be subordinate to
the lien of any first Aced of tr-st or mori;lage now or hereafter
placed upon any of thr condomihiums it:7. -in the development
subject to assessment: provided, however. such subordination
',hall apply only to the assescrrefLs whirr nave become due and
payable prior to a sale or transfer of sr. rondominium pursuant
Lo a decree of foreclosure. sale transfer shall not
relieve such condominium from i.isbility for any assessments
thereafter becoming due nor from the lien of any such subsequent
assessment.
AIITICLE R. INSURANCE.
Liability Inftran ..., the Als,,itiOn shall obtain
and maintain comprehensive puoli. liabilii, insurance insuring
the Association, any manager. trm Arclarsnt and the owners and
occupants of condominiums. Ind trioir resT...ertLve family members,
guests, Invitees, and the agents and empirrres of each, against
any liability incident to the o....Aership or use of the common
area and Including, if reeooneDlY obtainsOle. a cross-liability
or severability of interest enero.reement irtsuring each insured
against liability to each other insured. -he limits of such
ins
fo,
sin
wat•
mob,
lit'
sim ,
tics
of
imp,
of
be
one
dew-
shai
moat
con:
inc.
lent
perm
in
The
by
vend
such
smell
In
to t
name
long
mort
cont.
desc,
071
11510702P 1.52
ILftw.A:W. Shall 1, -. ,e less than 11.000,000. covering all claims
for death, Injury and Prnperty damage arising out of A
slrslla voel.urrence.. ,Ach insure...on shall include coverage against
:ester daRnegn liability for nonowned and hired auto-
mtNil•e. :for property nf others and any other liabi-
lity or risk covereni with respect to projects
S:4I1Ar 111 constr,-...on. location, end Use.
end Extend^ 1 • l;:terafje Insurance. Ty:. Associa-
tis.n 9I.0 shall and maintain a master or blanket policy
of new insura.,, lor the full ihsurabla value of all of the
iti.prnVemellts witt-, develoyeent. Tha form, content, and tern
of the 0"I ICY -s endorsements and the issuing company must
t. sel.t.tertory • 011 institottonal. mortgagees. If more than
ova (ii institut_,-...1 mortgagee t a loon of record against 01.1
deofeleitt, or w.n part of it the policy and endorsements
stall waet the mum standards of the various institutional
aystunueee reprns,•••.cd in then 0.velopment. The policy shall
a In an agr..-". .,mount endorsement or Its equivalent. an
ihereased cost of ■ndorsement or a contingent liabt-
lify operati•, building laws endorsement or their equiva-
lent, 4. extender: - .overage, a np•cl aI form endorsement and I
dvt•rm4n4Ma cam ndjustment dlnose or a similar clause to
permit-caah covering toll value of the improvements
10 saws i'ff ,iestruction end a decision not to rebuild.
The 10.11.:y shall afford protnction against loss or damage
by aprulMler 1 .44,ud , . debris removal, cost of demolition.
vocdalle., mischief, windstorm and water damage, and
.otter' risks. v•,tomerily • 0,ered with respect to projects
,.1.111r In conkt....,e.:on, location, and one. The policy shall be
to the as be determined by the board. In addition
to 1.1,0 .petrel f.e.a,:rements sn s.ctio.n 0.03, the policy shall
11•4%4 • • insured Association, the owners and declarant, as
1 ,..ng me 4aclarake the owner of any condominiums and all
meetaau••a tl.,, respective Interests may appear, and may
COAt•in 4 loss endor..r.ent In favor of the trust,'.'
cirseriNe0 In thin :ne..laratkon.
- 41
B8i0702P 153
•,01. Special Requirements. As required by FNMA, FHLMC
or hoEh, any insurance obtained under Sections 9.01 and 5.02.
ab0Vo, shall be subject to the following:
A. Coverage shall be purchased from financially
responsible insurance companies authorized to do business in
Ihe State of California.
H. The named in.ured shall be the Association as
for the owners of the units, or its authorised
representative, including any trustee with which the Associa-
tIoN may enter into any insurance trust agreement, or any
aueeeseor trustee, each of which shall be referred to as the
”ineur•nce tru see• who shall have exclusive authority to
0wdotiate losses under such insurance policies_
C. Such insurance shall not be brought into contribu-
1.100 with insurince purchased by the owners of the cond-
omi0lum units or their mortgagees, and shall provide that
11,0 liability of the insurer shall no be affected by any
other insurance obtained by or for any owner.
0. Coverage must not be prejudiced by (I) any act or
nn,„/IecI. of the owners of condominium units when such net or
heUlect is not within the control of the Arsociation; or,
(A) any failure of the Association to comply with any
Warranty or condition regarding any portion of the premises
Over which the Association has no control.
r. Coverage may not be cancelled or substantially
modifiwd (including cancellation for nonpayment of premium)
at least thirty (10) days' prior written -"once to
Any ..d all insurr.ds, including the servicers on behalf of
FNMA and FHLMC.
F. All policies must contain a waiver of subrogation
by (•e Insurer as to any and all claims against the Associa-
Lion, the owner of any condominium unit and/or their respec-
biye nqants, employees, or tenants, and of any defenses
base.) on coinsurance or on invalidity arising from the acts
cif II, insured.
- 42 -
j . ,
Naems...aL....eetvi coafe .
.—:".MtwacIPT"rtery,„...
st • s
13310702P 184
G. All policies or property insurance must provide
that, despite any provision. giving the carrier the right to
elect to restore damage in lieu of a cash settlement, such
option shall not be exercisable without the prior written
approval of the Association (or any insurance trustee) or
when in conflict with the provisions of any insurance trust
agreement to which the Association may be a party, or any
requirement of the law.
H. The policy shall contain no provision relieving
the insurer from liability for loss occurring while the
haZard to improvements is increased, whether or not within
the knowledge, or control of the board, or because of any
reach of warranty or condition or any other act or neglect
by the board or any owner or person under either of them;
and,
L. The, policy shall contain a standard mortgagee
clause which shall:
(1) Provide that reference to mortgagee includes
all holders of deeds of trust;
(2) Provide that such insurance as to a
mortgagee shall not be invalidated by any act or
neglect of the board or owner;
(3) Waive any provision invalidating such
mortgage clause by reason of the failure of any
mortgagee to notify th• insurer of any Hazard use or
vacancy, any requirement that the mortgagee pay any
premium thereon, and any contribution clause; and,
(4) Provide that, without affecting any protec-
tion afforded by such mortgagee clause, any proceeds
payable under such policy shall be payable to the
board or its designee (as provided for in Section
9.03.3).
9.04. Individual Fire Insurance. Any owner may, at his
aapenae, carry separate insurance covering his personal property
and any improvements made by an owner to his unit or property
- 43 -
11810702P 185
and any Improvements made by an owner to his unit or any part of
it against loss by fire or other casualty covered by any
insurnfice carrier under Section 9.02. All such insurance that is
individually carried must contain a waiver of subrogation rights
by Lhe carrier as to other owners, the Association and declarant.
9.06. Trustee. All insurance proceeds payable under
Seciiun '1.02 may be paid to a trustee, to be held and expended
for tha benefit of the owners, mortgagees and others. as their
ruspenviva interests shall appear. Said trustee shall Pe a
comiserClei bank in Sacramento County, that agrees in writing to
accept such trust. If repair or reconstruction is athorizel,
the 1.merd shall hi ,., the duty to contract for such work as
provided for in this Declaration.
Other Insurance. The board may purchase and main-
tali, demolition insurance in adequate amounts to cover de:moti-
f:inn i“ case of total or partial destruction and a decision not
to vehdlld• and a blanket policy of flood insurance. The board
also shall purchase and maintain workers' compensation
insuravice, to the extent that it 11 required by law, for all
employees of the Association. The board also shall purchase and
maintain fidelity bonds or insurance (which shall be in an
amount, not less than one hundred-fifty percent (110%) of each
years' estimated annual operating expenses and reserves and
shall contain an endorsement of coverage of any person who may
serve without compensation) sufficient to meet the requirements
of any institutional mortgagee.
U.07. Adjustment to Losses. The board is appointed
altorneV-In-fact by each owner to negotiate And agree on the
value and extent of and loss under any policy carried pursuant
to Rentions 9.01, 9.02. and 9.06. The board 1- ;rented full
right and authority to compromise and settle anv claim or
evitree any claim by legal action or otherwise and to execute
•..le.-Tea in favor of any insurer. The board may delegate this
rIgct as provided in Sections 9.03.A. and 9.05.
AR
r- im;
of
re;
rid
ti
un:
tot
per
tha
fie
rep
own
Cif.
ern_
mee.
tak.
reb•
ear!
par'
t
the
ins.
the
shat
has
dote
or d
owne •0
F181070:4' 196 ARTICLE 10. DESTRUCTION OF IMPROVEMENTS.
10.01 Destruction: Proceeds Exceed 85% of Reco,steLiction
Costs. If there is a total or partial t,structioe of the
Improvements in the development, and if the available proceeds
of the insurance carried pursuant to Article S. are sul' --- ent to
Cover not less than eighty-five percent (85%) of tne !rests of
repair and reconstructior, the improvements shall be promptly
rebuilt unless, within ninety (90) days from te, date of destruc-
tion, those members who own a totally or partially destroyed
unit then holding at least seventy-five perm -cot (75% of the
total voting power of members present and en.matled to -mete, in
person or by proxy, at a duly constituted -meeting. - 'ermine
that such repair and reconstruction shall not time place.
10.02. Destruction Proceeds Less than 55% of Reror.str ic-
tion Costs. If the proceeds of insurance are 'cis that eighty-
flee percent (85%) of the costs of repair and reconstruction,
repair and reconstruction may nevertheless take- place af. within
ninety (90) days from the date of destruction. Those emmecrs who
own a totally or partially destroyed unit them holding it least
fifty-one (51%) of the total voting power of members preacht and
entitled to vote, in person or by proxy. at h duly coeso_tuted
meeting, determine Chit such repair and ree-onstructomn shall
take place.
10.03 Rebuilding Procedures. If the meac,rs deteewohe to
rebuild, pursuant to paragraphs 10.01 or the mwmer of
each unit located within a structure that ha, been trtally or
partially destroyed shall be obligated to cont,lbute his propor-
tionate share of the most of reconstruction o-r restoratoon of
the structure containing his unit. over and ace-ee the a:ailable
insurance proceeds. If a structure has been totally !destroyed,
the proportionate share of the owners of units, in the stroirture
shall be determined on a square footage basis. If the stracture
has been partially destroyed, the proportioraoc share sha , 1 be
determined with reference to the footage of tee various damaged
or destroyed units and to the degree of their - destructor,. All
owners in the development shall contribute trcir proportionate
- 45 -
share
Port:
compr
propc
the r
is U
any is
board
condor
owner
this
by so!
the c
,uppOt
A•calr.:
at wh
all o
made
idjusr
meetin
recoma
by th
shall
nower
mended
and
10
rebuil
bats f
the
biard
with t•
ri surer
contra .
Aes 7-4L1
ti-t —ww-emw-delsi ssaismoa r ""'"
E810702P 157
share of the cost .7..1' reconstn,7tion or restoration of any
portion of the recreatsonal faci:ities or other common area not
COmprtsing the structure within enich a unit is located, and the
proportionate share of each owner shall be equal to a fraction
the numerator of which is one fiiJ and the denominator of which
is the number of condominiums totem within the development If
any owner fails or reiNcses to pa, his proportionate share, the
hoard may levy a special indl -ridual assessment against the
condominium of such owner as pro, ided in Section 7.07. If any
',wncr disputes the amount of his proportionate liability under
this section. such otend-t- may contest the amount of his liability
by submitting to the beard, within ten (10) days aftcr notice to
the owner 4, 1' his share of Lite, '_lability, written objections
supported by cost estimates or doer Information that the owner
deems to be material an0 may rust a hearing before the board
at which he may be nepresenie± by counsel. Following such
hearing, the hoard shat: give eritlen notice of its decision to
all owners. including any rectmmendation that adjustments be
mode with respect to the listi1ity of any owners. If such
ediustments are recommyraded, the n,tice shall schedule a spacial
meeting of members for the punpime of acting on the boa.'d's
recommendation, includiry making f.trther adjustments, if deemed
by the members to be necessary 4- appropriate. All adjustments
shall be affirmed or aculified by a majority of the total voting
power of each class O.: members. :f no adjustments are recom-
mended by the board. tre decision of the board shall be final
and binding on all owner-s. includirgi any owner filing objections.
10.04. Rebut ld iny cont :f the members determine to
rebuild. trt board or its authorized representative shall obtain
bids from at least two :2) repute:7:e contr.:dors and shall award
the repair and reconstruction wee, to the lowest bidder. The
bard shall have the autthortty to enter into a written contract
with the contractor fun such repel:, and reconstruction, and the
insurance proceeds held the trtistee shall be disbursed to the
contractor according to the terms ,f the agreement. It shall be
■•••••••
_.„. ••••••
r. .
r:
4 . ,
; • S..
BS10702F 158
the obltza -Lion of the board to take all steps necessary to
Assure --te commencement .ind completion of authorized repair and
,reconstrace.ton at the earliest possible date.
10.0S_ Rebuilding not Authorized. :f the members eeter-
-mine not r.c, rebuild, than any insu-snce proceeds then available
▪ or such rebuilding shall be distributed to the owner and/or
'mortgagee •f each condominium as their interest may appear and
an proptetton to the respective fair market values of the
Affected =tits at the time of the damage or destruction, AS
e
•
termined an appraisal by a member of the American Institute
C Real Estate Appraisers selected by the board. The board shall
have the within one hundred and twenty (120) days from the•
.late of .-5-a=n Instruction, to execute, acknowledge and record in
The office of the County Recorder of Sacramento County. a
certificate declaring the 1rtention of the members not to
rebuild-
10.Di Isevival of Right to Partition. On recordation of a
ftertificate described In Section 10.05, the right of an/ owner
to partat.I.on through Ingot action as described in Article 12
shall re,:-,'e immediately,
ARTICLE ::. CONDEMNATIOn.
11.01_ Sale by Unanimous Consent. If an action for
condemnatiom of all or a portion of the development is proposed
.r thres.t.mmed by any governmental agency having the right of
-eminent domain, then, on unanimous written consent of all of the
owners ar,a after written notice to all mortgagees, the develop-
ment, or a portion of lt, may be sold. On a sale occurring under
:this semt - m, the proceeds shall be apportioned among the owners
In such mmounts a• as agreed between the c,ndemning auth,rity
And each cf. the affeci.11 owners, and absent such agreement,
accordan; = the relative values of the condominium units affect-
ed by th.e condemnation es determined by Section 11.03. The
emount so apportioned shall be distributed to the owners and the
mortgagees of each Unit as their respective tnterzsts may appear.
- 47 -
Y
ES10702P 189
11.02. Distribution of Condemnation Award. If the
development,. or a portion of it, is not sold but is instead
taken, the judgement or condemnation shall by its terms appor-
tion the award among the owners and their respective mortgagees
in proportion to the relative values of the units affected by
the condemnation, as determined by Section 11.03.
11.03. Relative - Value of Condominium Units. If all of
Ole owners of condominiUm units affected by the condemnation or
sale cannot agree with the condemning authority as to the amount
to be paid, the board shall appoint a member of the American
Institute of Real Estate Appraisers to determine the fair market
value on the day bee ore the sale or taking of each condominium
unit sold or taken. If the board determines that the value of
any unit which is itself not sold or taken has decreased by
virtue of the sale or taking of other units, the appraiser shall
determine the diminution in the market value of such unit which
IA attributable to the sale or taking. The appraiser shall
include the owner's undivided interest in the common area in
determining a unit's fair market value or diminution in value.
The relative value of a unit shall he the fair market value or
diminution in value of that unit divided by the sum of the fair
market value and diminution in values of all units sold, taken
or otherwise affected.
11.04. Adjustment of Undivided Interests on Partial Sale
or Taking. If only a portion of the development is sold or
taken, the remaining portion of the development shall be re-
surveyed, if necessary, and the Declaration shall be amended to
reflect much taking and to readjust the ownership of the common
area among the remaining owners equally.
11.05. Revival of Right to Partition. On sale or on
taking that-renders more than seventy-five percent (75%) or more
of the project is destroyed or substantially damaged and the
owner's holding, in aggregate, is more than a fifty percent
(50%) interest In the common areas oppose repair or restoration
of the project, the right to partition through legal action
shall revive immediately,
.1310 :31;*
Airrii:LE I
12.01
pirs0,11. -
showing t
11.0t or
twtw••en
shall be
thel• mor'
t sir marks
ni a memb.
,elect,ed 1,
12.02.
Code t;ect
irrevorabl
benefit, at
wiweo is
2.011.1.F. It
.01.
cvsndominio.
13.02.
claimed us
mate sobje
Imeantnq a
that encm
shall In a;
priority 0
dlnate• hi
covenants,
enforcement
defeat or
mortusqm r.
•
BS:10702P 15i;
ARTICLE 12. PARTITION.
12.01. 2112,upsion. The right of partition is suri,,•-d
pursuant to Call ornia Civil Code Section 1354 as to the de,e.:p-
ment. However, partition of the development can be had a
Showing that the conditions for partition as stated in pet:ion
11.07 or in lecllon 11.05 hove been met. Nctiting in .,is
Declaration shall prevent partition or division of intere,:s
between joint nr common owners of any particular e=ndominius.
Prneeeds or property resulting 'non a par.:it-on
shall be distributed to and among the respective owners and
thei. mortgagoem ne their interests appear in preportion to 'the
fair marke' values of their units as determined It-. an apies.,a1
by a member or the American Institute of Real Estate Appral.i..-rs
selected by the board.
12.02. Power of Attorney. Pursuant to Ca:Ifornie 7
Code Section 115500(9). each owner grants the .issociatio-
irrevocable power of attorney 'o sell tie devel:cment f,-
benefit of the owners when partition can be had. Eaterns-
power is subject to the approval of members ey majet-ity •
ARTICLE 13. PROTECTION OF MON -.AGEES.
13.01. Mortgage Permitted. Any owner may encumbe -
condominium with n mortgage.
13.02. Priority of Mortgages. Any lien create.] or
claimed under the provisions of this Declaration is expresl..y
made subject and subordinate to the rights of any first morpe,e
(meaning a morteege with first priority over ..ny et_ter
that encumbers nil or a portion of the deyelcomenn or •eiy
condominium, made in good faith and for value. aoc no such :.ern
shell in any way defeat, invalidate, or impair the ,bltganmn or
priority of sunk mortgage unless the mortgagee exic-essly
dinates his interest, in writing, to such lien. No breach n:
covenants, conditions or restrictions herein contained, nor .;ar
enforcement of any lien provisions herein, shall affect,
defeat or render invalid the lien or charge if any ..rut
mortgage made in good faith and for value enc-ambering
- 49 -
1181070213 191
comocktinium. All covenants, conditions and restrictions of this
rec. :A:ration shall be binding, however, upon and effective
ags.ind.... any Owner whose title is derived through foreclosure or
tre...5:eie's sale, or otherwise, with respect to a condominium.
Staring Defaults. A mortgagee whc acg,ires title
by j ".L.-licial foreclosure, deed in lieu of foreclosure, or
tr.57.,r's sale !hall not be obligated to cure any hreach of the
prilans of thin Declaration which is noncurable or of a type
wirt= is not Practical or feasible to cure. The determination of
the c4aArd, m40* in good faith as to whether a breach is
noncurable or not feasible to cure shall be final and binding on
al: ecirtgagees,
honale. It is intended that any Loan to facili-
to:• me resale of any condominium after judicial foreclosure.
dee= it lieu 0: foreclosure or trustee's sale on a first
mar7Ta.ar is a first loan made in good faith and for value and
eici:_ra to all of the right's and protections arforted to first
rarrt.pkges.
Molationship with Assessment Liens.
A. Tho liens created under Article 7 hereof shall be
,Linordinate 10 the lien of any first mortgage which was
,,,ordrel prior to the date any such assessment becomes due.
B. LT any condominium subject to a monterary lien
7i•rated by Any provision hereof shall be subject to the lien
L.-J. A first mortgage (I) the foreclosure of any lien created
▪ Anything sot forth in this Declaration shall not operate
7, affect or impair the lien of such first mortjage; and.
the forocinsure of the lien of said first mortgage, or
s.k:e under a power of sale included in such mortgage isuch
,•ents being hereinafter referred to as "event, of fore-
=-assure"), shall not operate to affect or impair the lien
.neireof, except that any persons who obtain no interest
▪ any of the events of foreclosure of such first
mnrtgage shall take title free of the lien her•if for all
mach charges nA shall have accrued up to the time of any of
trae events of foreclosure, but subject to the lien hereof
far all of weld charges that shall accrue subserio•rit to the
c•ents of foreclosure. - 50 -
• ..r.A , :
:Y
B810702P 192
iy
C. Any first mortgagee who obtains title to a condo-
minium by reasun of any of the events of foreclosure, or any
purchaser at a private or judicial foreclosure sale of a
first mortgage, shall take title to such condominium free of
any lien or Claim for unpaid assessments against such condo-
minium which accrue prior to the time such mortgagee or
purchaser comes into possession of the condominium, except
for liens or claims for a share of such assessments result-
ing from a reallocation of such assessments. to all condo-
miniums within he development.
D. Nothing in this section shall be construed to
release any OWnsr from his obligation to pay for any assess-
ment levied ;aatsuant to this Declaration.
13.u6. OLLIlges Requirino First Mortgagee Approval.
Except upon th• prior written approval of at least seventy-five
percent (75%) of all first mortgagees, based on one (1) vote for
each first mor 'doge owned, neither the Association nor the
members shall t , ellitled to do any of the following:
A. 1 ria4nlve the Association.
B. B , 4,1; or omission seek to abandon, partitition,
subdivide, en.ilmber, sell or transfer the common are“; pro-
vided, however, the granting of easements for public utili-
ties or for other public purposes consistent with the in-
tended use of such common property by the project shall not
be deemed a Crannier within the meaning of this clause.
C. Chanue the pro rata interest or obligations of
any individual condominium onit for the purpode of: levying
assessments or charges: allocating dii - r1butions of hazard
insurance procasdn, condemnation awards, or, determining the
pro rata share of ownership of each condominium unit in the
common elements,
D. Terminate maintenance of the common area.
F. By act or omission. seek, abandon, or terminate
the status of the development as a condominium project,
except for abandonment or termination provided by law in
case of substantial destruction by casualty or taking by
eminent domain,
- 51 -
"1!.. fesisr-eiwite -eeffelee'-
F1S10702P 193
F. Use casualty insurance proceeds for losses to any
part of the development for other than the repair, replace-
ment, and reconstruction of such improvements except as
provided by statute in case of substantial destruction.
G. Partition or subdivide any condominium unit. •
H. Change, waive, or abandon the provisions hereof,
or enforcement thereof, pertaining to architectural design,
exterior appearance, exterior maintenance of units or the
maintenance of the common area-
/. Effectuate a decision to terminate professional
management and assume self-management of the development.
J. Amend ., material provision of this Declaration.
the articles or bylaws. For purposes of this paragraph, the
following provisions are material in this Declaration and in
the bylaws or the, articles: a change in the fundamental
purpose for which the development was created; voting rights
and procedures; provisions relating to assessments, assessm-
ent liens, or the subordination thereof; reserves for tn,
repair and replacement of the common area, the provisions of
Article 9 regarding casualty and liability insurance; the
provisions of Article 10 regarding reconstruction in the
event of damage or destruction; the provisions regarding
rights to use the common elements, provisions in this
Article 13, or any other provisions which by its terms is
specifically for the benefit of first mortgagees or institu-
tional mortgagees, or which specifically confers rights on
first mortgagees or institutional mortgagees; the provisions
In Article 3 relating to annexation.
A holder or insurer of a first mortgage, upon written request to
the. Owner's Association, (such request to state -nu name and
address of each holder or insurer and the unit number) will be
entitled to timely written notice of the proposal to take any of
the foregoing actions:
13.07. Notice to First Mortgagees of Owner Default. Any
filet mortgagee shall be entitled to written notification from
- 52 -
.011111•61.111000.111.
he Ass
• ori I.
.*
not been
he Assc
13.0
meetirw ,
du r:
or t
o f I
meet
nhal
draw
not
the
thl ,
to
13..
,Ion Is
*sac is ,
”an'ilm
,reclo,
13,1
4ny of
Prov1s1o ,
mhn 1 I Co,
1 MI -"'rp.--4".PP-
i3810702P 134 the Association of any default in the performance of the obliga-
tions imposed by this Declaration by the owner whose condominium
is encumbered by such mortgagee's mortgage, which default has
not been cured within thirty (30) days of a request therefor by
the Association.
13.08. Rights to Inspect, Receive Statements, Attend
Meetings. Any first mortgagee shall. upon written request to the
Association. be entitled to:
A. Inspect the books and records of the Association
during normal business hours.
3. Receive the annual audited financial statements
of the Associa'ion within ninety (90) days following tne end
of the Association's fiscal year.
C. Receive written notice of alt annual a.id special
meetings of the members of the board, and first mortgagees
shall further be entitled to designate a representative to
attend all such meetings in order to, among other things.
draw attention to violations of this Declaration which ha,e
not been corrected or made the subject of remedial action by
the Association; provided, however, nothing contained in
this section shall give a first mortgagee the right to call
a meeting of the board or of the members for any purpose or
to vote at any such meeting.
13.09. Right of First Refusal. In the event this Declara-
tion is amended to provide for any right of first refusal :n the
Association, a mortgagee who comes into possession of a condo-
minium pursuant to ajudicial foreclosure, a deed In lieu of
foreclosure, or a trustee's sale shall be exempt therefrom.
13.10. Conflicts. In the event uf . any conflict between
any of the provisions of this Article and am., uf the other
provisions of this Declaration, the provisions of this Article
shall control.
- 5 3 -
th,t.
a quit.
morn}
gamag
51.0
excite
writ],
obi ig
of gu.
avirig
r
,,verar
pert,
,mme0,
1
mInIlw
party,
In 0,
i0s4e,
AR'r ICI.
.Itted
0n•01
the
merger
assent.
ens ldl.
In per
Writtrt
thirty
- - -
•
• 1
14.02.
he entit!
menbershil
sever his
tie common
can be ,
otherwise
of this p
any exclu
area from
void. The
extend be.
suspensioh
:everabil,
14.03
mintums,
in the e,
presumed
contained
rurdomini,
ownership
14.04.
any common
ments whi
completed
to the d.
under a
dec in rant.'
event that
following
the action
surety und•
vote c
the or
ment I
4
P.810702P 1!)5
11.11, of Destruction or Taking. . In the event
that the. developmee_ or any portion thereof is substantially
damaged >s Is made t..• subject of nny condemnation proceeding in
nminent 3.amain or otherwise sought to be acquired by a
condAmn.,1 authoratar, the board shall promptly notify any first
mortgage, affected .1.,• such destruction, taking, or threatened
taking. As used he,r,in. "substantially damaged" shall mean
damage -:-.., a faei:y unit exceeding ONE THOUSAND DOLLARS
($1,000.1211 and OmmApe to the common area and related facilities
exe...11m.;: TEN T1172.SatN0 DOLLARS (310,000.00). If requested in
writing =v 3 first em.rtgagee, the Association shall evidence its
ohligati=ns under •edtion In a written agreement in favor
of such first mortgape-.
11.1Z, Nor-toa,--s' Right to Cure Defaults. First
nu,rtqage-eS of condost-,ums may, jointly or singly, pay taxes or
aoher r?,-1.rges whim: are in default and which may or have become
• Against sl: car a portion of the development and may pay
overdue .-.sasemiums
nnzerd insurance policies, for such pro-
petty, arn.i first mTel.;.epina making such payments shall be owed
immediate reimburs,ement therefor from the Association.
11 13, Distrth•tioq of Rights. No provision of the condo-
miniom ..,,uments se.a:J be deemed to give an owner, or any other
party, pa. iority cmer any rights of first mortgagees of a condo-
minium ;.....a, suan'- to mortgages in the case of a distribution
to owmeT., of ins,eaoce proceeds on condemnation awards for
losse. to or a takir,9 of condominiums.
ARTICLE ADD:7:DNAL PROVISIONS.
14.0:, Mercers and Consolidations. To the extent per-
mitted t•- • law. t1,e Association may participate in mergers and
co,solidalions other nonprofit associations organized for
the *awe purposes as this Association. provided that any such
merger oe consolltat,on shall have the written consent or the
assent. it-a, vote of two-thirds (2/3rd's) of the total votes
residing :in Assoczeti,n members other than the subdivider voting
in persm or by proxy at a meeting duly called for this purpose.
written nvntice of ulhach shall be given to all members at least
thirty I7c1, 1 days zn Aovnnce. - 54 -
,W41,
PA'.10702? 196
14.02. Prohibition Against Severance, An owner s.all not
be entitled to sever his unit in any condominium from his
membership in the Association, and shall not be entitled to
sever his unit and his membership from his undivided interest in
the common area for any purpose. None of the component interests
can be severally sold, conveyed, encumbered, hypothecate, or
otherwise dealt with, and any violation or attempted violation
of this provision shall be void. Similarly, no owner can sever
any exclusive easement appurtenant to his unit over tne common
area from his condominium, and any attempt to do so shall be
void. The suspension of this right of severabilily will not
extend beyond the period set forth in Article 12 respecting the
suspension of partition. It is intended hereby to restrict
sever4bility pursuant to California Civil Cod" Section 1355(g).
14.03. Conveyances. After the initial sale of the condo-
miniums, any conveyance of a unit, or of the component interest
in the common area, by the owner of any condominium, shall be
presured to convey the entire condominium. However, nothing
contained in this section shall preclude the owner of any
condominium from creating a co-tenancy or Joint tenancy in the
ownership of the condominium with any other person or persons.
14.04. Enforcement of Bonded Obligations. With regard to
any common area improvements or recreational common area improve-
ments which are to be completed by declarant, but which are not
completed prior to the issuance of the Public Report pertaining
to the development, the Association may be named as obligee
under a bond or other arrangement securing performance of the
declarint's commitment to complete such improvements. In the
event that the Association is so named in such bonds, then the
following provisions shall apply relative to the (citation of
the action to enforce the obligations of the declarant and the
surety under such bond:
A. The bond• of the Association shall consider and
vote on the question of action by the Association to enforce
the obligations under the bond with respect to any improve-
ment for which a Notice of Completion has not been filed
- 55 -
P,310702P 127
within sixty (60) days after the completion dale speotf.od
ior that improvement in the Planned Csnstruc1von Stetessent
appended to the bond. If the Association has given an
extension in writing for the completion of any common area
or recreational common area improvement not to exceed sineey
(90) days, the board shall consider and vote on the e:sr,-
said question if a Notice of Completion has not been filed
within thirty (30) days after the expiration of such ertl-n-
Sion.
B. If the board, through the consideration and voce
referred to above, decides rot to initiate an action to
enforce the obligations under the bond, or fails to co.n.1 -7,,r
and vote on the question, titan there may be a noes:al
meeting of the members to consider the matter 'r to consiser
overriding the decision of the board. Such special mee -f:rig
shall be held if there is presented to the board a petit:on
therefor, signed by members representing at 1.1st five
cent (5%) of the total voting power of the Ais:soiation_
receipt of such petition the special meeting shall te2
scheduled for a date not less than thirty-t iv. (15) de, 7 r
more than forty-five (45) days thereafter, lf, during
special meeting, a majority of members other lhan declarant
votes in favor of initiating an action to enforce tae
obligations under the bond, such vote shall to seemed to _-
the decision of the Association and the board shall n-e-e-
after implement that decision by initiating and puri_.,g
appropriate action in the name of the Association.
ARTICLE 15. TERM AND AMENDMENT OF DECLARATION,
15.01. Term, This Declaration shall Fun nigh the
and shall continue in full force and eff c: a peri,g
fifty (50) years from the date on which this fNeclaretttfm - s
executed. After that time this Declaration and all covena,:s.
conditions, restrictions, and other provisions small be sf ,o
force and affect unless extended by an instrigment executes 1..- y
owners or not less than two-thirds (2/3rd's) of the. condomini_ima
in the development and recorded in the office of the Sacramento
County Recorder.
- 56 -
an
and
Priu•
the
AR rt.
are
mean -
shat
part
not
this
to
not,
viol
a nu
rel.-
deal.
the
the 1
the
such
invol
.90
11810702? 198
15.02. Amendment. After the close of the first sale of a
ceinoominium in the development to a purchaser other than declar-
ant, any amendment or revocation of this Declaration, or of any
prt....,wisions of the articles or bylaws relating to the matters
desrribed in subsections A and B below, shall be subject to the
following requirements:
A. The consent (by vote or written consent) of all
. unit owners shall be required for any amendment effecting a
change in (1) the boundaries of any unit; (2) the undivided
Interest in the common area appertaining to the unit or the
.:ability for common expenses appertaining thereto; ( 3 ) t'-.e
—Ober of votes in the Owners' Association appertaining to
ine unit: or, (4) the fundamental purposes to which any unit
-r the common area are restricted.
B. The consent (by vote or written consent) of
nutters of units to .filch at least eighty percent (BO%) of
tne votes of the Owners' Association appertain and the
ap-,,roval of the eligible holders of first mortgages on units
- o which at least seventy-five percent ;75%) of the votes of
_nits subject to a mortgage appertain shall be required to
terminate the condominium regime. As used herein an
"eligible holder" is a holder or insurer of a first mortgage
encumbering a unit who has given written request for notice
t o the Association stating the name and addr•ss of such
nolder or insurer nod specifying the unit numb.• upon which
it holds or insures the mortgage.
C. Unless otherwise provided in toes Declaration,
:he articles, bylaws, any other amendment may bo adopted by
a vote or written convent of a majority of the t,.tal voting
,ower of the Association which is at least a bare majority
and not more than saveoty-five percent (75%) Ind at least a
',are majority of the vote of members other than the
declarant. However, if any provisions of this Declaration
-71"LMIZEITY'rttlfz.:77---
r '
•
xs."64,147e. s"Pit—tal.
B810702P 199
requires a greater or lesser percentage of the voting right
in order to take affirmative or negative action under such
provision, the same percentage of such members shall be
required to amene or revoke such provision.
D. Notwithstanding any provision of this Section to
the contrary, all requirements of Article 2 entitled
"Requirements of FHA" must be met in order to effectuate any
amendment or revocation pursuant to this section.
Any amendment subsequent to the close of the first sale to
an owner shall be evidenced by an instrument certified by the
secretary or other duly authorize.. officer of the Association
and shall make appropriate reference to this Declaration and any
prior amendment nereof and shall be acknowledged and recorded in
the office of the Sacramento County Recorder.
ARTICLE 16. GENERAL PROVISIMj.
16.01. Headings. The headings used in this Declaration
are for convenience only and are not to be used to interpr, the
meaning of any of the provisions of this Declaration.
16.02. Sevnrability. The provisions of this Declaration
shall be deemed independent and severable, and the invalidity or
partial invalidity or unenforceability of any provisions shall
not invalidate any other provisions.
16.03. Cumulative Remedies. Each remedy provided for in
this Declaration shall be cumulative and not exclusive. Failure
to exercise any remedy provided for in this Declaration shall
not, under any circumstances, be construed as a waiver thereof.
16.04. Violations as Nuisance. Every act or omission in
violation of the provisions of this Declaration shall constitute
a nuisance and may be enjoined or abated, whether nr not the
relief sought Is for negative or affirmative action by
declarant, the Association or any owners of condominiums within
tne development. However, only the Association or the board or
the duly authorized agents of either of them, may enforce any of
the provisions of this Declaration by self-help, and only if
such self-help is preceded by reasonable notice to the owner
involved.
- 58 -
-OP
del:
dcl,
malt
hour
..tat
any
the
suct.
t ,n
in x
Asso
addr
sen:
the
deem,
tele
plug
the the
inc;
to tr
ref,
gran -
Dec,.
the
the
grant
://
/1/
f -so. o.•
•os
1381(t74Y2P 200
16.05. Notices. Any notice perT,ttted or nedulred to be
delivered as provided herein shall be in writ:•.; and may be
delivered either personally or by mail- If deliveev is made by
mail, it shall be deemed to have been de livered inTly-eight (48)
hours after a copy thereof has been Seposited t --1 the United
-Otaten mail with postage thereon fully prepaid ankr. addressed to
any person at the address given the As.ociation t, An owner for
the purpo,e e1 service of such notice- or to Tne residence of
such person if no other address has teen given t: the Associa-
t.,n. Such addresi may he changed. fram .time-to-tiroe, by notice
in writing to the board. If a condcminii.in Is transferred and the
Association has received no notice of Phe new .i.e.er's name and
address. notices shdll he deemed received by tne -,ow owner if
sent to the name and Address which was most re,..,-oly given to
the Association for purposes of notice.- Notices trail also be
deemed received twenty-four (24) ho•.rrs after t,oeg sent by
telegram or upon personal delivery -o any adult ,,cupant of a
condominium.
16.06. Number; (tender. The singular shall include the
plural and the plural the singular unl-css the ccniest requires
the contrary. and th• masculine. feer.nnine and neuter shall
include the masculine, feminine or neuter; as 7.he context
requires.
16.07. Exhibits. All exhibits ,eferred t: Are attached
to this Declaration and incorporated by ,eference.
15.08. Easements Reserved and Granted. i. y easements
referred to in this Declaration shall be deeee .a reserved or
granted, or both reserved and granteat_ by refe,-,orn to this
Declaration in a deed to any condominium..
16.09. Binding Effect. This Declaration a-41:1 Inure to
the benefit of and be binding on the s4-occessors r Insigns of
the declarant, and the heirs, personal rec.,esentatives,
grantees. tenants. successors, and aSat7ms of the
///
///
In ti: ,
inter
tien
here it
the po
So Ch
rurpo:
ohlig.
Decln,
STATZ or COUPON:.
I 'MINTY I ,/ 5.
July lo M
0.....1...e•••• • Ms.
Isaws r ow 6. n. •
WITNIfool • hand al
- 59 -
►sim• • Mo., ► .bile l. .d for ••14 &ma. •••••sall
•..•ew Christ° D. ndrdis FOR NOTARY SEAL OR STAMP
o. July 1, 1981
- 60 -
.7t1Set„. 9'
•
Fi810702P 20i
16.10. Termination of Any ReSOonSibilltV of Declarant.
In the event declarant shall convey all of its rights, title and
interest to any partnership, individual or individuals, corpora-
tion or Corporations, in and to the real property described
herein, then and in such event, declarant shall be relieved of
the performance of any further duty or obligation hereunder, and
such partnership, individual or individuals, corporation or
corporations, shall be obligated to perform all such duties and
obligations of the Declarant.
IN WITNESS WHEREOF, the undersigned, being the
Declarant herein, has executed this instrument on
1 • 19 bk •
AMERICAN RIVER VILLAGE, a limited partnership
/J2. • BY s-
Christo D. Sardis General Partner
sraisorratimmita oowerror Sacramento =1
( Pars,,
I.... y ... 1., the, General Partner 4 n•r•h144,a. •••••••4 .1•• ••••6■•• ,••
,,,,part_r•■••.t sad .1 gawk
W17,4 wo, b..4 mA .aid.! met
U ICJALMLU. PATRICA.J.SOGX
rgTUe eieuc • CALRONN-A 104AANENTO =ANN
C*•••••• maw... 40. 14 MIN
I
464
,:s
• •
■•r• -•-.6.7 ' 4. •
I 13810702P 202
Parcel!, I and 4, as Shown on that Cer1-111" f) AMeRIC•ll RIVER VILLAqE, rezardvd on uok of Parcel M..ips, Map Un. .73 . 1n he olfice of Sac•am,nfo f.:nunty R,,.order.
■-•
rxmatl "t
f
!l
13510702P 203
mo•)Mllft 4 DAY)
I IF I• •
it IVtd ..pC01 rdep ,
• •rower MI
.1 .1 1 MI at • MS ef
• • """--- +a,
-",
4.1 e. • • 1. 1 1.
I lea
PROJECT PLAN 1
n...".1.1•1'1111 1 ae00.1a Male 00. 0 a 0.01 ai la 0.11 .1.111 es.
1.01 ..m• •••• ■ ••• 00. 001. 0 au... ...ft le era marle
se g• 1.0.1..141 wan ea •-•
• 100 1 r no t ta•
„ ,am a t e,
.1. 1.0 r1.0 11 • ' tam= ...•• a.
111.0.. a a...as 00 mamtea ma•
CONDOMINIUM PLAN - .001.44,5- "i" / AA/EP/CAN RIVER VALCAGE, A CONDOM/N/1AI SL/8-1/10"/S/ON COUNTY OF ..C4CR4.tel-NTO C01 1/"0.'N/A (0•1.4••I /1Ie 10, tI
r
r
t
"nrillableoleMeeletee 4. 1.tott.
0
e r .
um&
A.
B910702F 204
10•11/1110 Olhrs • 13,7∎ ■ Al MO
1,1 ,10, • 110
MB/ 1,11,0 dr.
r
a1,I1 'At ■ t1.•
PAR I( /NG PLAN
CONDOMINIUM PLAN — PHASE / AMERICAN RIVER VILLAGE, A CONDOMINIUM SUBDIVISIONN
Of SACAdAliNf 0 CAI //- 011.VI,1 • 1 II/1,1. /1II snip /I
!:t
• In
, 1 r •
•
or!
Ar
AP
■•
'et ••••• •re.••••••••
riles,; ',:.tea •••
/qr.
It CO*0 !lava
JUIL DING .A .
BUILDING DETAIL SWEET
CONDOMINIUM PLAN - PHASE / A.WER/CAN RIVER V/LLAGE, A CONDOM/AIR/XI SUBD/Y/S/ON
COUNTY Of J•ACa'AXICNIO , CA[/TORN/4 JOUAJI jle/ 1 ter-r
'4.1-44.a a,a!',,re:tort:4411.4i11f,19Nra,*
• * I lr 111.
13810702P 205 ; 0 •
AAP AA, AAP. V% XIISILOP WO ••• Oa 11•9A• 1•1. • owl • I AMARA /A • II ••• ••••••■11V AAA
I ezaf • ee.•
JJ 7 !I•• B810702P 206
•
oaf •
.17C0-0 !La",
BUILDING
j -""
rT
ION
BUILDING DETAIL SHEET
CONDOM/Nil/AI PLAN — PHASE / AMERICAN RIVER V/CLAGE, A CONDOMINIUM SUBD/V/SION
cowerr OF .1".■ CRA41(Nr0 CAZ/1"0"N/A . /IM•dr• r Or
* • 1,4-' 440. "-TO'.
. 13.181. au. 1.1.st
.1111.I. 1. • •••• l• .1111 1. • mil ft 111 =MN. It 111 .0s%
•
PAP
.t4
- • • ..••••••
CONOCVA/N/UAl I PLAN-PHASE / AMERICAN RP/ER V/LLAGE, A CONDOM/Nit/Ai SUBD/V/S/0/11
COUNTY Or SACRAAIENTO , CAL/FORM/A ffIIWK 1W swfIr I Of II
BEIO7TY2P 208
• ••
1 • ow ' ' . woo , ; 1
R •
41 •4,--..
1:.
!L
t.,..1..4-;f.;14 ,....
• Or
• w
.3t
• 1 . ,,,...
I W
r •
.040,1"r .0100, :•ouoto 0-1009
441 111.1•01. 1•••=116
moo Wt... w ammo* 4414 1611 111 •4114 MP 41 1.40. 11 • ma. we 11. 0041•014 .114
R MA .11 , 11.• a14■ • •••• 11.11/a NEI 10.
ofl GVA r !IT o ou--o,75 I ( /N)
D/NC: DETA/L SHEET
PM
V
CONDO✓a/N/11A/ PLAN PHASE / . AMERICAN R/YER VILLAGE,
A CONDOM/MUM SUBD/V/S/ON
COM/ I* 2:3-C XACo2,a u I 4 o' J , CAL // -C.0 A o/o4 ,(alto.! , alto., i -4 1,
•
n %...•■.0.006
.r•r" A...1;4% 1X1.1
OUR DM/C V' fit rf011'a
BUILDING DETA/L SHEET . . .
CONDOMINIUM PLAN—PH.4XE / AMER/CAN R/VER VILLAGE, A CONDOM/N/UM SUBDIVISION
cothvrr cr .r4C94.4.11".VILI CA ChrORNIA I ANIMII /MI 4.111
CONDOMINIUM PLAN —PHASE / AMER/CAN RIVER VILLAGE, A CONDOMINIUM SUBDIVISION
coumrr or ..r.4cRA id e Air° CAC/FOR/1U ! if .1 ■10.• ■••• t.t." 1.1 11 J 0/ II
r`VriPeabfr:VASU--$4464. ,. ,!!:-,"1,r,; „:,I.,,g6r4,;,444..7P.s..,,;%.-:17:•:,,c.,,,,le.0#41, • ,,..f,„01),,,h1743
8810702P 211
NT, IN 11 /111•1011 ••■ 1. .01.41.1
I'1•.1, Fl G17.
L1 W 0/NG
BUILDING DETAIL SHEET
CONDOMINIUM PLAN - ✓/ISE / AMER/CAN RIVER VILLAGE, A CONDOMINIUM SUBDIVISION
COON/Y OF 44CIMAII-Nr0 • CA/ IFORNIA 1.1311iWr t60/ :•11 , ti
W ."44:1W if:iittik%. 1.01/1.c.MINTiif rk ,j4r4iegiVei:i; fletil**.r:4r....4147;;.7-iatgerf L vt. fr
•
. • . • " -.'S
'We
• or.
S.
r4
• 11. 1•Ilsow 11! an.. kat • Sem, la.“ MS • on% os
n I tow ma-a. 11••••• Ens.
Mr, 10 610 11••• MIN 111.1.01111•Ww..41
I .
: •
I t7 ..' .
••••••••••'Ul'r.".....;••• F.FErfe.i. - • • • •
1 . •
.E .',
•••.. ■• : •
:•• Mir'
..
i 'l • ...e
;In • 4,-,•.:.---_ ->,..........?$•-lt• .......... ,,,,.
CONDOM/N/0AI PLAN -PHASE / AAIER/CAN R/YER Y/ZLAGE, A CONDOM/IV/LW St/80/Y/S/ON
CC ✓s7r Of ,A4C.Q.4.•eNTO • CALI, .::•011/.4 &&&&&& l .t.flt•.7‘
A14,t14. • 4.---47.'.•At
...Weft.. 3-
Brii0702p 213
MI/
- ;
AV
•••• • •II
• e
•••••••111, ' '''' 1 rt•t, i ; . ....A. ' '," ""'• '",,:,:- r e
1
i ! ar'.
.
— '
•••••••
•••■••• /. • tt•
t t • • t
1
ISM
•
!!
••••• • •
• ". • , • ,
••• 4;; .'
I v .v
Z./TOMO ,,.Ill /LOOT
wit rxt,r..
CONDOM/NIUM PLAN -PI-1,4SE / AMERICAN R/YER VILLAGE, A CONDOM/Nil/AI SUBDIVISION
COUNTY OF .•ACRAA•lftVTO • C.41/FORN/A ilsomatme tilt/
•
"UM 0/11/rt
BU/LD/NG DETAIL SHEET
•
agp:::tfpRati
Elterr ••■••••■••■■•• ■11.04.0%.►
• • - --•• •-• -•••
The undivideg interrnt in the One which i§ hereby established
limmmon Area located in Phase on4 which shall be conveyed
with- each
in phase One is an undivided e=er::::'('-cerlt.
The undivide4 inLare,,t in the (:promos Area located in nubse-
quent phases t o he c"nveyed with the units in such phases is conhained in the peelaration 0 Annexation for that phase and the Declat.aLlon.
With respect to eotth-4 right:; 10 Phase Two (parcel 2), each owner of a r: ond„min (Um unit stc.,'
I be entitled Co one vote for each unit owned.
with respect t o the voting rl aPel- tment. shall
qhts in Phase 3 (parcel 3). each Owner oF he entitled ha one vote for „„ each apartment owned.
r . "Z!? .?4.6;044...:4-711%* ‘''z igetii:1-.'"419110SY.IMZErf,atitgOVVil=ernEM-
TENTAT/VE PARCEL AI/ 1 P
POI? TioN 0, or Jf 0. MCAT/IS/re COA4 44.1".9C/AC (Y3 A44 /) Alla A .00.9r/o* "OJTC1r0 SeCTA9O/ le:{ Ti N, R SI:. MO M
City or 4:4c,94.44r,vrO, CA CIOVIVN/A Ir • P A1.• 1001.• , 13,J0
If • • .1, • • I / Or •
oiloo.toof
If... , .rrr h.., to•.
IStr.11UOVISI
::•■•••••ro"..ra
.14••••••• A.0 to4 nto
••••••• Iv
.1
...O -Jr Co.... 4...or
—,;.. .....
1 . \ \ .
--- \ ‘.
\ •,
\ ••• ;:-...":
.
-A -- " I \ ',
i 1
\
. I 1 \
, . \ ... -,.... 1 11511. ' ••..
J
...■ : 1
\ ..., .....■ i a I 11 ."' • ;‘: •
Pt.{
■ 3 ... I I IZ I • I ■oa .. I • . le • .11
\ V; ••
.1 I
L
• atoo"
2
*
.oe•/I• o, 1,4 r.
:4 •• ' vti1 41.0
•
T. M.
, •07- ••■•
70.4, .•" ;
Pareell 2 and 4 , :. nown en lhatre, - , PAWL]. 1.1Lr AMEUWAn RIVEN VILLACE, revordad on axs] , in (took 1,45 of Parcel Mdps. Map In the cd!. , of the 10•curn.•r Gr Sacramento Connt7.
AA: . . Vir ..;e2! "*". -
'I 1141 tr SW' • "14"771-
f.
• * •
