Cedar Glen Homeowners Association Rules and Regulations Updated May 18, 2006
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PURPOSE ............................................................................................................................... 2 AUTHORITY ........................................................................................................................... 2 RESPONSIBILITY ................................................................................................................. 2 MEMBER PENALTIES ......................................................................................................... 2 MEMBER COMPLAINTS ..................................................................................................... 3 DISPUTE RESOLUTION...................................................................................................... 4 USE RESTRICTIONS ........................................................................................................... 4 MAINTENANCE ..................................................................................................................... 4 ARCHITECTURAL CONTROL ........................................................................................... 5 LANDSCAPE MODIFICATIONS......................................................................................... 5 TREE DONATION PROGRAM ........................................................................................... 5 NOISE AND NUISANCE ...................................................................................................... 6 COMMUNITY CENTER ........................................................................................................ 6 CLUBHOUSE USE................................................................................................................ 6 POOL AND SPAS ................................................................................................................. 6 SKATEBOARDS, SCOOTERS AND MOTORCYCLES (Approved 5/18/2006) ......... 7 DOGS/CATS AND ANIMALS AT LARGE ........................................................................ 8 TRAFFIC REGULATIONS ................................................................................................... 8 PARKING REGULATIONS - RESIDENTS ....................................................................... 8 PARKING REGULATIONS - GUESTS.............................................................................. 9 PROHIBITED PARKING .................................................................................................... 10 TOWING POLICY ................................................................................................................ 10 PARKING ENFORCEMENT PROCEDURES................................................................. 10 GARAGE SALE (SWAP MEETS)..................................................................................... 10 SATELLITE DISH POLICY ................................................................................................ 11 TRASH DISPOSAL ............................................................................................................. 11 MAILBOXES......................................................................................................................... 11 MISCELLANEOUS.............................................................................................................. 12 VANDALISM......................................................................................................................... 12
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PURPOSE The fundamental purpose of the Association Rules and Regulations is to provide a basis for protecting members’ equity in the development, maximize enjoyment, assure the continued aesthetic beauty of the community, and to provide the framework within which people can live in harmony.
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AUTHORITY The Conditions, Covenants and Restrictions (CC&Rs) require the Board of Directors to promulgate such Rules and Regulations for the general benefit of the community (CC&Rs §7.3.1.4).
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RESPONSIBILITY Homeowners are responsible for the actions of their family members and guests as well as their tenants, family members and guests and are responsible for providing a copy of the Rules and Regulations to their tenants. Homeowners are responsible for payment of all fines levied and costs incurred related to damages resulting from violations of these Rules and Regulations.
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MEMBER PENALTIES It is the policy of the Cedar Glen Homeowners Association (the ”Association”) to protect the rights and privileges of the Homeowners (“members”) and to enforce the governing documents (CC&Rs, Bylaws and Rules and Regulations) of Cedar Glen. Pursuant to the authority vested in the Board of Directors of the Association by the CC&Rs and its Bylaws, the following system has been established for penalties and fines. A member shall be responsible for the acts or omissions of his/her guests, lessees or invitees. 1. Fines: Any fine imposed by the Association can not exceed $25 for any single violation. 2. The Violation Process Fines may be levied by action of the Board of Directors after notice and hearing in accordance with the schedule below. a. 1st Offense: Notice of Violation b. 2nd Offense: 2nd Notice of Violation and Notice of Hearing. c. 3rd Offense: 3rd Notice of Violation and Notice of Hearing. d. Subsequent offenses same violation: Notice of Violation and Notice of Hearing. 3. Violation Notice Each violation notice shall specify the nature and date of the violation, or the date said violation was identified, and if applicable, state a reasonable time in which to comply with the Rules and Regulations. 4. Notice of Hearing If it is determined there is sufficient evidence of violation to warrant imposition of a penalty, fine or action at law, the member shall be notified in writing, by certified mail, of the Board’s intent to seek compliance. Such notice shall state the specific violation and the nature of the penalty, amount of fine or action considered. Such
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notice shall also provide for a hearing set within 30-days of such notice. Upon written notice by the member of his inability to attend the hearing on said date, a reasonable effort shall be made by the Board to accommodate the member on another date to be mutually agreed upon by the member and the Board. The Hearing In the event a hearing is held, it shall be before the Board of Directors and shall be an open or closed session at the discretion of the member. The Decision The decision for or against the imposition of penalty, fine or action by the Board of Directors after the hearing shall be by official Board action and shall be made in writing to the member, setting forth the reason(s) for such decision. Board Policy regarding fining procedure If a member is sent a notice of hearing and does not respond to the notice and/or attend the hearing, the Board will conduct the hearing without the homeowner and take appropriate action, which may result in a fine. Authority to Direct Enforcement Serving Board Members reporting a violation they observed may direct the property management company to send a Notice of Violation/Request to Correct. Serving Safety Committee Members may request a fine be assessed for a violation, which clearly presents a safety hazard. Examples of safety violations include, but are not limited to, climbing over the pool enclosure, running on the pool decking and diving into the pool. Serving Security Committee Members may request a hearing for a violation to the parking rules.
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MEMBER COMPLAINTS Any member may submit a complaint to the Association. It must be in writing. A Homeowners Request Form (HRF) may be used to document and report complaints to the Association. An HRF may be obtained from the Association’s web site (www.cedarglenhoa.org) or from the property management company. All information is confidential. 1. Complaint Process When the Board receives a complaint, it will consider the complaint and take appropriate action, which may result in a violation and/or a Request to Correct letter to the property owner. In order for a penalty to be considered, a second complaint must be lodged by a different resident of a different unit. Both complaints must be in writing and signed by the person making the complaint.
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DISPUTE RESOLUTION Prior to engaging in litigation, there are two processes which must be considered: 1. Internal Dispute Resolution (IDR) 2. Alternative Dispute Resolution (ADR). Both the IDR and ADR policies may be found on the website or copies obtained through the property management company.
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USE RESTRICTIONS 1. A unit shall not be used, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other such non-residential purpose. 2. Storage of property in common areas. No property may be stored temporarily or permanently on sidewalks, parking lots, carports or other common areas. 3. The covered carport may not be used to store items that do not fit in the storage cabinet, i.e. furniture, refrigerators, washing machines. If the items are not moved in a timely manner, the Association will follow the enforcement process, which may include the removal of the items at the homeowner’s expense. 4. Modifications Architectural: Review/approval is required by the Architectural Control Committee (ACC) for all modifications. A separate set of Architectural Rules and Regulations may be found on the Cedar Glen website – www.cedarglenhoa.org or by contacting the property management company. Landscape: Refer to Section 11.
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MAINTENANCE 1. Mold/Water Intrusion: Absent insurance resources available, pursuant to the Association’s governing documents, the Association will not compensate nor be financially obligated to pay for any costs resulting from water intrusion damage or mold contamination to the interior of individual units claimed to have resulted from a common area component failure. Refer to Resolution 11/2002 for a complete statement of responsibilities. 2. Slab Leak Repairs: Slab cracking is a normal result of settling or other earth movement and damage within the unit resulting from moisture seepage through the unit slab is the homeowner’s responsibility. Damage to the unit or to personal items of the homeowners, resulting from ruptured, burst or leaking pipes, is the homeowners responsibility and that the association shall contract for the repair of such damaged pipes, insuring that any walls, flooring or ceilings damaged by such contract work, shall be repaired, but not refinished, painted, carpeted or otherwise improved. 3. Property inside dwellings. The Association has the right and the responsibility to control the visual attractiveness of the property, including the right to require removal of objects which are visible from the common area and which detract from the property's appearance.
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Air conditioning and heating units: Each member is solely responsible for all repairs, maintenance, replacement and servicing of heating and air conditioning units which serve their unit.
ARCHITECTURAL CONTROL 1. No building, fence, wall or other structure or improvement of any kind shall be commenced, erected, affixed or maintained upon common area, nor shall any substantial alterations, repairs of or additions to any part of the Development be made until the plans and specifications have been submitted to and approved by the Architectural Control Committee (ACC). 2. The ACC has the authority to recommend removal of any construction from any premise and/or the correction of any violation within the jurisdiction of the ACC. 3. Inspections: The ACC may examine property while considering an application for proposed construction and at any time during and upon completion of the construction after consultation with the homeowner. 4. A separate set of rules and regulations addresses architectural issues. Obtain a copy of the Architectural Rules and Regulations from the Cedar Glen website or through the property management company.
1000 LANDSCAPE MODIFICATIONS 1. Landscape improvements to the common area require written approval from the Landscape Committee. 2. Requests for modifications must be in writing and include a diagram of the proposed changes to include the type(s) of planting to be used. A copy of the Landscape Application may be obtained from the property management company or from the Cedar Glen website. 3. Climbing plants, which attach themselves to the building, are not permitted. 4. When a tree is planted within the homeowner’s exclusive area, it is the responsibility of the homeowner to maintain the tree. Tree limbs must be kept off and away from the roof. The Association recommends that trees within the homeowner’s patio area be trimmed annually and limbs trimmed to a 6’ clearance. 5. Failure of a homeowner to maintain the modified area in a neat, orderly manner may result in enforcement penalties, which may include revocation of the Association’s permission of the customized landscaping and removal of such modifications. The cost involved in re-landscaping the area to the standard Cedar Glen plan will be charged to the homeowner’s account. 1100 TREE DONATION PROGRAM A homeowner may donate a tree to be planted on common area. If the tree is to be dedicated “in memoriam”, the homeowner may request a plaque that will be placed on the ground near the tree. The homeowner will be responsible for the cost of the plaque. The donation for the tree is established by the Landscape Committee and the Association’s landscaper. Please complete a Homeowner Request Form.
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1200 NOISE AND NUISANCE 1. Noise that is unreasonably loud, raucous or jarring to persons within the area of audibility between the hours of 10 p.m. and 8 a.m. is declared to be a public nuisance and subject to Board and Civil action. 2. Complaints made to the Association, must be in writing for the Association to begin enforcement proceedings, see the section on Member Penalties. If immediate relief is needed, the Association recommends that the resident call the Orange County, Sheriff. Refer to §11.12.030 Enforcement and Abatement in the Civil Code for Lake Forest. 3. No loud music is to be played in the pool area that disturbs the peace of the residents living around the pool area. 1300 COMMUNITY CENTER The Cedar Glen Community Center property, facilities and equipment are restricted to use by residents, their families and their guests. Failure to comply with the Rules and Regulations in Sections 1301 and 1302 may result in a suspension of use privileges. 1301 CLUBHOUSE USE 1. The clubhouse is available for the personal use of residents. 2. To request use of the clubhouse use the Homeowner Request Form, which is on the Association’s web site or contact the property management company. 3. Glassware is not permitted in the clubhouse or pool areas. 4. Alcoholic beverages are not permitted in the clubhouse or pool area. 5. The pool gates must not be propped open to facilitate access. 6. Members of the Board of Directors observing a violation of the clubhouse rules may immediately revoke clubhouse use privileges. 7. Failure to clean the clubhouse after use may result in the loss of the deposit. 8. The Clubhouse key may be picked up at the Property Manager’s office. The Clubhouse Use Rules may be obtained from the property management company or from the Association’s web site – www.cedarglenhoa.org. 1302 POOL AND SPAS 1. Hours of Operations: Sunday through Thursday: 8:00 am to 10:00 p.m. Friday, Saturday and Holidays: 9:00 am to 11:00 p.m. 2. Health: Swim diaper and/or rubber covers are required for children who normally wear diapers. 3. Safety: Homeowners are responsible for the conduct of their guests, tenants and tenant’s guests. Violations of the following rules may result in restriction of use for up to one-month per incident in addition to a fine. 4. Persons under 14 years of age must be under direct adult supervision at all times while in the pool and spa. An adult for this rule is identified as a person 18 years or older.
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The Association discourages children five years of age and younger from using the spa. If a child five years or younger is using the spa, a parent, legal guardian or a supervising adult at least 18 years of age must be present and either in the spa with the child or sitting on the edge of the spa. If a Board Member observes an unattended child five years or younger in the spa, the child will be removed from the Spa and returned to the supervising adult. A person with colds, coughs, red or infected eyes, skin eruptions, open wounds or sores, or bandages are not permitted in the pool or spa. Food, alcoholic beverages and chewing gum are not allowed in pool or spa areas. Food and non-alcoholic beverages are permitted in the clubhouse and area immediately adjacent to the clubhouse. No glass containers of any kind are permitted. Permitted beverages may be brought in metal, paper or plastic containers only. Running, wrestling or horseplay is not permitted in the clubhouse, pool or spa areas. No diving is permitted into the pool or spa. No ball playing is permitted on pool deck areas. Offensive behavior, i.e. vulgar language or lewd behavior are not permitted in the pool and spa areas. Lewd behavior is defined as obscene and indecent; examples include but are not limited to nudity, and inappropriate touching of another person. Public nudity is also subject to prosecution under ordinances of the City of Lake Forest. Floating apparatus, toys, stones or other objects are permitted for use in the pool if they are used responsibly and do not interfere with others using the pool. No substance (such as soap, bubble bath or dye) is to be introduced into the spas or pool.
1400 SKATEBOARDS, SCOOTERS AND MOTORCYCLES (Approved 5/18/2006) 1. No person shall ride or cause to roll or coast any skateboard, roller/inline skates, razor, scooter, bicycle or other conveyance powered by human power on any sidewalk, roadway, parking lot, or common area grass. 2. No motorized skateboard, scooters may be ridden on any sidewalk, roadway, parking lot, or common area grass. 3. Motorcycles may not be ridden or parked on common area grass or sidewalks. Motorcycles must be parked in assigned parking and are subject to the same operational conditions as other licensed vehicles 4. A skateboard ramp is not permitted to be placed on or used at any time on sidewalks, streets or any common area.
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1500 DOGS/CATS AND ANIMALS AT LARGE 1. The Board of Directors does hereby adopt certain sections of the City of Lake Forest Municipal Code summarized as follows: Section10.12.010 – Restraint of dogs Section 10.12.030 – Female Dogs/Cats in season to be confined Section 10.12.040 – Nuisance 2. Restraint of Dogs No dog is allowed to roam freely within the grounds of Cedar Glen including the greenbelts along Cherry Street, Trabuco and El Toro Roads. 3. Female Dogs/Cats in Season to be confined During the breeding period, every person owning or having charge of any upspayed female cat or dog shall strictly confine said animal on private property in such a manner that they cannot come into contact with other animals except for planned breeding. 4. Excreta Nuisance Prohibited It is unlawful for the owner or person having charge, custody or control of any animal to permit, either willfully or through failure to exercise due care and control, any such animal to create a nuisance by leaving its excreta and to allow such nuisance to remain on common area or on any improved exclusive use property. Common areas include the greenbelts along Cherry Street, Trabuco and El Toro Roads. 5. Nuisance/Disturbing the Peace It is unlawful for any person to keep, maintain or permit on any common area under his or her control, any animal which may by any sound or cry, disturb the peace and comfort of the inhabitants of the neighborhood or interfere with reasonable and comfortable enjoyment of life and property. 1600 TRAFFIC REGULATIONS 1. The speed limit within Cedar Glen shall never be more than is safe for existing circumstances and never more then 15 miles per hour. 2. No vehicle shall be operated within Cedar Glen in a manner that is unsafe or presents a danger to the safety of persons or property. 3. All vehicles operating within Cedar Glen shall be duly licensed and operated as required by the California Vehicle Code including noise abatement, and shall be driven by legally licensed drivers. 4. No vehicle shall be operated on walkways or areas other than streets and parking facilities. 1601 PARKING REGULATIONS - RESIDENTS 1. Each resident is assigned two parking spaces. There are no provisions for onsite parking for any resident with more than two vehicles. Residents may only park in their assigned spaces. Any vehicle belonging to a resident parked in guest parking will be posted with a warning. If the vehicle is not removed from guest parking within 48-hours, it may be towed.
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Residents rotating vehicles between guest parking lots and/or assigned parking spaces to circumvent time restrictions are prohibited. Any vehicle rotated between assigned parking and visitor parking will be considered belonging to the resident to whom the parking space has been assigned. Any vehicle rotated in this manner will be posted with a warning. If the vehicle is not removed from guest parking within 48 hours, it may be towed. Parking spaces should not be used to store non-operating vehicles. If a vehicle is cited as being non-operative or unregistered, it will be subject to the normal enforcement procedure and the owner asked to remove the vehicle to an off-site storage facility. If the owner refuses to move the vehicle, it is subject to towing at the homeowner’s expense. Vehicles being repaired may not be left jacked-up or on blocks anywhere in the complex. Such vehicles create a serious safety hazard and are subject to immediate towing. No more than one four-wheeled vehicle may be parked in a parking space. A vehicle parked in a homeowner’s assigned parking space, without the homeowner’s permission, is subject to immediate towing at the vehicle owner’s expense. A vehicle/boat on a trailer may be parked in the carport only but must not exceed the carport overhang. Cedar Glen has no accommodations for oversized vehicles. For open parking stalls, the vehicle must fit within the length and width of the parking stall. For carports, the vehicle cannot exceed the width of the space or carport overhang. For any violation listed in Section 1601, the homeowner may also be subject to penalties as defined in Section 400 of this document.
1602 PARKING REGULATIONS - GUESTS 1. Guests may park in guest parking any three out of seven 24 hour periods. The time period will begin at the first recording of the vehicle. On the third 24 hour period out of seven that a vehicle is parked in guest parking, not necessarily three consecutive periods, a warning will be placed on the vehicle. If the vehicle is not removed within 48 hours, the vehicle may be towed at the owner’s expense. All exceptions must be approved by a quorum of the Board of Directors. 2. Residents may request up to 14 days of extended guest parking each calendar year. The request for extended parking may be obtained through the property management company. Residents must show proof of registration and driver’s license with address other than Cedar Glen for their guest. If this privilege is abused, the Board of Directors, through the property management company, reserves the right to refuse extended parking. Guests who are not in compliance with the extended visitor policy will have a warning placed on their vehicle. If the vehicle is not then removed within 48 hours, the vehicle will be subject to towing. 3. Rotating vehicles between guest parking lots and/or assigned parking spaces to circumvent time restrictions is prohibited. Any vehicle rotated between assigned parking and visitor parking will be considered belonging to the resident that has the parking space assigned to him. Any vehicle rotated in this manner will be
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posted with a warning. The homeowner may also be fined. If the vehicle is not removed from guest parking within 48-hours, it may be towed. 1603 PROHIBITED PARKING Parking is prohibited in: A marked fire lane Within 15 feet of a fire hydrant A space designated for handicapped without proper authority. A manner that interferes with entrance to or exit from Cedar Glen. In front of the pool access road gate. 1604 TOWING POLICY 1. Any vehicle may towed without a violation notice if it is in a prohibited parking area as noted in Section 1603. 2. If a homeowner in temporarily parked in a prohibited parking area to load or unload a vehicle, the driver must remove the vehicle within 20 minutes. The vehicle is subject to towing after 20-mintes. 3. Once a vehicle is cited by the towing service, as subject to immediate towing, the service must wait 20 minutes prior to hooking up the vehicle to tow. 4. When a towing company removes a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane; or in a manner which interferes with any entrance to, or exit from, the private property, the towing company shall take prior to the removal of that vehicle, a photograph of the vehicle which clearly indicates the parking violation. The towing company shall keep one copy of the photograph taken and shall present that photograph to the owner or an agent of the owner, when the person claims the vehicle. 5. Any vehicle that lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, is subject to a violation letter. Refer to Section 400 – Member penalties. In addition, the vehicle is subject to towing 48 hours after the violation letter is posted, if the violation has not been corrected. 6. The following representatives of Cedar Glen are designated, in the order listed below, to authorize a tow-away: 7. Any Member of the Cedar Glen Board of Directors 8. Parking and security designee 1605 PARKING ENFORCEMENT PROCEDURES 1. Costs of towing are borne by the registered owner of the vehicle. 2. 1st Violation Notice, 2nd Violation Notice, Notice of Hearing, Hearing, Decision of the Board. 1700 GARAGE SALE (SWAP MEETS) 1. The Association will schedule and coordinate two garage sales a year. These will be community wide events. 2. A resident may request to hold a garage sale separate from that of the two community garage sale events. Request permission to do so using the
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Homeowner Request Form (HRF), which is available on the web-site or contact the property management company. The garage sale must be held on the Cherry Street greenbelt and not within the community. The resident(s) must make sure the area is cleared of all items no later that 1:30 p.m. the day of the scheduled garage sale.
1800 SATELLITE DISH POLICY 1. The size of a satellite dish antenna is restricted to one meter (39.37 inches) or less in diameter. 2. A satellite dish application is required to ensure all equipment is installed in the prescribed manner. An application may be obtained from the Cedar Glen website or from the property management company. 3. A satellite dish mount is provided on the flat roof of each unit. A satellite dish may only be installed on the flat roof and only on the mount provided. 4. The dish must be grounded. 5. Wiring leading from the dish to the residence may not be attached to the building exterior. Vents are provided on the flat roof. The resident must use one of the vents to direct wires to a lower level. 6. A qualified technician must install the satellite dish. 7. Damage resulting from the installation of a satellite dish is the responsibility of the homeowner. 1900 TRASH DISPOSAL 1. The walls around the containers are intended to protect the containers from animals. Doors to trash containers are to be closed when not in use. 2. Trash, rubbish or debris shall not be left or deposited, even temporarily, on any common areas or patios. All such refuse must be placed in receptacles designated and approved by the Board of Directors and/or the property manager. 3. Trash must be placed in dumpsters located throughout the property. Make certain that the person taking the trash out is of sufficient height to reach the opening. Do not leave trash beside the dumpster. Only household trash shall be placed in the dumpsters. At no time shall discarded furniture, carpet, appliances, water heaters, etc. be put in or left around the Association's dumpsters. Violators are subject to fine and any cost born by the Association to properly dispose of discarded items. 2000 MAILBOXES 1. The Board of Directors has the exclusive right to designate the type, size, location and signage on mailboxes. Names on the outside of mailboxes are not allowed and may be removed by management without prior notice because publicly identifying names with a particular dwelling increases the risk of crime for occupants of the dwelling. 2. Mailbox Keys: Mail box keys are controlled and maintained by the U.S. Postal Service located on Raymond Way in Lake Forest. Mailbox keys are the responsibility of the homeowner. Three mail box keys were issued to each property owner/resident when the 1575 Cluster Box Units were installed in March
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2005. If a resident looses all three mail box keys, contact the US Post Office in Lake Forest, 949-837-1302, contact person: Carolyn Cole, Customer Service Supervisor. There is a $30 fee for the replacement of the lock and a new set of keys. 2100 MISCELLANEOUS 1. Bicycles, wheeled toys, balls, or other toys may not be left or stored on common area. These items must be stored within the unit or within the unit’s patio area. 2. Marking any common area (roadway, buildings or sidewalks) with chalk, paint or other substance is prohibited. 3. Signs: One sign of customary and reasonable dimensions advertising a condominium “For Sale, “For Lease, or “For Rent” may be posted in the front window of a unit, but must be removed after close of escrow or when the unit is rented/leased. Commercial signs and signs other than non-commercial are not permitted on common area. 4. Littering, disposal of trash, grass, clippings, mail addressed to a resident that is on the ground or other debris on or around the common areas and facilities is prohibited. 5. Insurance: The Association does insure the buildings and common areas against loss by fire, windstorm, hail and certain other perils. The Association does assume the risk and carries liability insurance on all common areas as defined in the Declaration and/or By-laws. The Association does not insure any occupant's personal property against fire, theft, water damage, mysterious disappearance, vandalism, malicious mischief, etc. whether the property is located inside the dwelling or in the common areas. The Association does not assume the risk or carry liability insurance for accidents that occur inside a condominium unit. Every owner is encouraged to purchase a comprehensive personal property, replacement cost and liability coverage for their own protection. 2200 VANDALISM 1. Acts of vandalism consist of, but are not limited to, defacing community buildings, damaging vehicles and damaging or destroying community assets, such as landscaping, fences, signs, road, recreation facilities, etc. 2. Acts of vandalism shall be dealt with by the Board of Directors, and shall be reported to the Sheriff’s Department for investigation and prosecution. Individuals caught in the act of committing vandalism may be prosecuted under the California Criminal Code. 3. Homeowners are responsible for payment of fines and repair costs resulting from vandalism by members of their household and their guests, tenants and tenant’s guests. 4. Misuse or vandalism of any Association facilities may be cause for suspension of privileges for up to 30-days.
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