Jasmine Creek Community Association
JCCA Rules and Regulations (document revised 8/05)
ARBITRATION (ADR) REQUIREMENTS 14 - 15
ARCHITECTURAL 8 - 12
AUTO DECALS 2
COMMON AREA USAGE RESTRICTIONS 4 - 5
COMMUNITY ACCESS 1 - 2
COMMON FACILITIES:
CLUBHOUSE 5
POOLS & SPAS 6
TENNIS 6 - 7
FINE POLICY 12 - 13
FLAGS 11
GARAGE DOORS 8
GUEST PASSES 2
LANDSCAPE 3 - 4
NOISE 7
OUTDOOR LIGHTING 11
PARKING/TOWING 2 - 3
PATIO STRUCTURES, SUNSHADES & TRELLISES 10
PETS 7
ROOFS/TERMITES 7
SATELLITE DISH INSTALLATION 11
SIGNS 11
SKATEBOARDS, BICYCLES, ETC. 4
SKYLIGHTS 12
SOLICITING 7
TRASH COLLECTION 8
TREE RESTRICTIONS 4
Revised 8/05
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YOUR COMMUNITY ASSOCIATION
A. MANAGEMENT – Jasmine Creek Community Association (JCCA) is a nonprofit organization created to administer the affairs of the property owned jointly by all Residents of JCCA. This property, also known as common area, consists of streets, entry gate systems, tennis courts, spas, swimming pools, Clubhouse and greenbelt areas.
The Board of Directors of JCCA and the various Committees work together in conducting the business of the Association. Residents are encouraged to join a committee and they are invited to attend any meeting as a guest. Meeting information is printed in the community newsletter which is printed bimonthly.
An on-site Community Manager is employed to assist with the administration of Association affairs. The JCCA on-site Management Office is located at 110 Jasmine Creek Drive. Office hours are Monday through Friday from 9:00 a.m. to noon and 1:30 p.m. to 5:00 p.m.
The Standing Committees are as follows:
1. Finance Committee
2. Architectural Committee
3. Landscape Committee
4. Community Relations Committee
Names and telephone numbers of the Board of Directors, Association Officers and Committee Chairpersons are published in the bimonthly Newsletter.
B. COMMUNITY ACCESS
1. Resident Auto Access – Residents of JCCA enter the community by using a remote control gate activator similar to the type used to activate an automatic garage door. Each residence has been issued two (2) individually coded openers. Additional openers can be issued, with Board approval, for permanent (only) Residents for an additional cost of $50. When an opener is reported as lost or stolen, a replacement will be issued at a cost of $50 with an accompanying police report; $200 for any other replacement. Missing openers will be automatically deleted from the system and no longer will open the gates.
a. Inlet Entrance – The main entry to JCCA is located on Inlet Drive and consists of wrought iron fencing, ingress and egress wrought iron gates and electric gate arms that are located immediately adjacent to the Guardhouse. The Guardhouse is staffed 24 hours daily by a Gate Attendant whose primary function is to facilitate access to authorized visitors and protect the privacy of JCCA Residents by denying access to unauthorized persons.
b. Crown Drive – A wrought iron entry gate and wood gate arm are located at the Crown Drive entry to JCCA. Ingress gates are in operation from dawn until 10 pm (only) and are for Resident use only. The wrought iron egress gate is in operation 24 hours and can be used by anyone exiting the Community.
c. Lower Jasmine Creek Drive – An exit (only) gate is available at this location.
2. Resident Pedestrian Access – A pedestrian gate is located at (1) Inlet Drive, (2) Lower Jasmine Creek Drive and (3) Crown Drive. Using a special facilities key opens each of these gates. One key is issued to each address. Replacement and/or additional keys may be purchased at the JCCA on-site Management Office. Cost of the first additional key is $50, second additional is key $100 and each additional key thereafter is $150.
3. Non-Resident Access – When guests, deliveries or workers are expected, call the Gate Attendant to clear them for entry to the community. The Gate Attendant should be given the visitor’s name and an approximate arrival time. You will be asked to specify your “code name” by the Gate Attendant on duty as a means to identify you as a Resident of JCCA.
4. The Gate Attendant will detain unexpected visitors while he/she tries to contact you by telephone. If there is no answer, the Gate Attendant will assume that you are not at home and will not allow access.
C. PARKING
1. Resident Auto Decals – Upon moving into JCCA, come to the on-site Management Office for vehicle identification decals. You will be issued one decal for each permanent Resident’s vehicle. When a vehicle is sold, the decal is to be removed and destroyed. New decals are issued for replacement vehicles and also when a windshield is replaced.
2. Guest Parking – Guests (and Residents) who wish to park in designated guest parking areas overnight must display a valid guest pass on the dashboard of their auto. The Resident host shall contact the Gate Attendant with proper identification and request a pass for their guest.
There are two types of guest passes authorized by JCCA; short term and long term guest passes. Short-term guest passes are issued by the Gate Attendant for a maximum of three days per month. This means that if a Resident comes to the gate and asks for another 3-day guest pass (within the same month), they will be advised that another pass cannot be issued and they will be referred to the on-site Management Office. Long-term guest passes are only issued by the on-site Management Office. Long-term is considered to be any period of time in excess of 3 days. Requests for a pass over 30 days must be submitted, in writing, to the Board of Directors.
3. Unauthorized vehicles, such as commercial trucks (excluding certain trucks having commercial license plates), pick-up campers, boats, motor homes, trailers and similar bulky equipment may not be parked in the open except when temporary approval to do so has been obtained from the Board of Directors.
4. Stored vehicles – Guest-parking areas, and homeowners’ driveways, are not intended to be used for vehicle storage (cars that are not operational or not actively driven will be considered stored). Failure to comply will result in the Association taking necessary action and any costs incurred will be charged to the owner.
5. Overnight street parking is prohibited. Vehicles in violation of this rule are ticketed on a nightly basis and a $10.00 parking fine is levied on the owner’s account. Parking is allowed only in your garage or driveway and in guest parking areas when a valid guest pass is displayed on the dashboard of the vehicle.
JASMINE CREEK COMMUNITY ASSOCIATION
In addition to all other remedies provided by law, in the CC&Rs, and the Association’s Rules, the following enforcement procedures apply to violations of the Association’s Parking Rules. Owners and their family members, tenants, Residents, guests, visitors, invitees, and agents are required to comply with the Association’s Parking Rules. Owners shall be responsible for violations of family members, tenants, Residents, guests, visitors, invitees, and agents of the Owner.
TOWING AND IMPOUND
1. Any vehicle parked in violation of the Association’s Parking Rules will be subject to towing and impound and the responsible Owner(s) may be subject to fines, as provided below.
2. Parking a vehicle unattended, at any time, within a fire lane, within fifteen (15) feet of a fire hydrant, or in a parking space designated for handicapped parking without proper authority will result in towing without notice or warning.
3. A First Warning Citation notice will be placed on the vehicle by the Association’s patrol company for all violations, with the exception of fire lane, parking within 15 feet of a fire hydrant and handicapped parking violations, which are subject to immediate towing.
4. A Second Warning Citation notice will be placed on the vehicle by the Association’s patrol company in the event the same violation occurs within ninety (90) days following the issuance of the First Warning Citation, and a fine may be levied against the responsible Owner(s) after being provided notice and an opportunity for a hearing.
5. The vehicle will be towed without further warnings or citations on each occasion the vehicle is parked in violation of the Parking Rules within ninety (90) days following the issuance of the Second Warning Citation. When a vehicle is towed from the community, the following procedures shall be taken in accordance with Section 22658.2 of the Vehicle Code:
a. The towing service shall be contacted by an authorized representative of the Association as designated in subparagraph “c” below.
b. If the identity of the registered owner of the vehicle is known or readily ascertainable, the President of the Association, or his or her designee, shall, within a reasonable time after the vehicle has been towed, notify the owner of the removal by first-class mail. If the identity of the owner of the vehicle is not known or ascertainable, the President of the Association, or his or her designee, shall comply with subdivision “c” of Vehicle Code Section 22853. Specifically, the President of the Association, or his or her designee, shall give notice of the removal of the vehicle to the local traffic law enforcement agency immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the license number, and the address from where the vehicle was removed.
c. The following representatives of the Association are designated, in the order listed below, to authorize towing of a vehicle from the Community:
i. The Association’s on-site Community Manager;
ii. The Association’s President, Vice President, or other designated members of Association’s Board of Directors; and
iii. The Association’s Patrol Service.
6. If a vehicle is towed and impounded, the owner of the vehicle should contact the Newport Beach Police Department at (949) 644-3717.
7. Towing and impound will be at the expense of the owner of the vehicle.
FINE POLICY
The Association’s Parking Rules also may be enforced through the levy of fines, as described elsewhere within the Association’s Rules and Regulations. The levy of a fine shall be in addition to the Association's right to tow and impound the vehicle, or to exercise any other enforcement remedy provided for under the CC&Rs, the Association’s Parking Rules, or by law.
D. LANDSCAPE
1. Private yards –is responsible for the installation and maintenance of all landscaping within their private front, rear and side yard areas. The Association maintains all areas outside of private yards. Even though your property lines extend beyond your patio walls, Association yards to insure that they are kept properly maintained.
2. Tree Height Limitations – Article X, Section 12 of the CC&Rs mandates that trees shall not be permitted within the Covered Property to the extent such trees exceed the highest point of the building nearest the point of growth of such trees.
3. Ban On Trees With Destructive Tree Roots – Due to the destructive nature of their roots, planting of Ficus and Melaleuca is not allowed in JCCA.
4. Common Area Sprinklers – Tampering with or adjusting sprinkler heads or timing devices is prohibited. Sprinkler problems should be reported promptly to the on-site Management Office during business hours. On weekends, holidays and during hours the office is not open, you may report emergency irrigation problems to the Gate Attendant who will notify appropriate personnel. Twenty-four hour voice mail is available at the on-site Management Office for messages of a non-emergency nature.
5. Landscape Damage by Pets – Any owner whose pet(s) cause damage to lawns or other common area landscaping from urination or trampling will be assessed for replacement materials and labor. Non-Resident owners will be assessed for pet damage caused by pets of their tenant and any settlement will be strictly a matter between the tenant and the owner of the property.
6. Landscape Maintenance Requests – Requests for maintenance or for any other changes related to common area landscaping must be submitted, in writing, on the appropriate form. Forms are available at the Guardhouse, on-site Management Office and also in the drop-box located outside of the on-site Management Office, adjacent to the entry door. Please fill out the form, keeping the pink copy for your records and return the request at whichever location is most convenient for you. Allow up to 30 days for completion of your request.
7. The Landscape Committee must approve custom plantings by owners in common areas and a LANDSCAPE AGREEMENT must be signed prior to implementation of the change. The agreement shall require that the owners maintain the altered landscaped area, including replacing plants that have been added for seasonal “color”, on a regular basis, contingent upon the season. Upon sale of the property, the Association will notify the buyers through escrow and they must agree in writing to continue maintaining the altered area or the area must be returned to its original standard at the expense of the seller (or buyer). Association gardeners will then resume maintenance responsibility for that area. Contact the Association office for additional information.
8. Use of gas or electric blowers within JCCA either by Residents or their landscapers is prohibited.
E. COMMON AREA RESTRICTIONS
1. Any sport including organized baseball, football or soccer or other activity, e.g. tree climbing which constitutes a nuisance in terms of damage to property or causes excessive noise is prohibited.
2. Tables and benches in addition to those installed by the Association shall not be permitted in the greenbelts or any other common area. Other items such as tents and hammocks are not permitted in common areas.
3. Motorcycles, bicycles, tricycles and other wheeled toys are prohibited in landscaped areas. Bicycle riding is prohibited within the fenced pool area, on the tennis courts and on sidewalks. A bicycle rack is available adjacent to the Clubhouse. As a safety precaution, Residents, their family members, tenants, guests, visitors, invitees, and agents should not play or ride bicycles in the area of the Inlet Drive or Crown Drive access areas, except to enter or leave the Association, and should be discouraged from street play.
4. Bicycles and other toys and sports equipment must be kept within the homeowner's lot when not in use.
5. The operation of unlicensed vehicles and motorized scooters is prohibited in JCCA; unlicensed persons are prohibited from driving on JCCA streets.
6. Skateboarding, skating, riding of scooters and biking are prohibited in pool areas and on the tennis courts. No skating, riding of scooters or biking on walls, handrails, curbs or other structures is allowed.
7. Repair or replacement of any Association property damaged by a homeowner, any member of their household, tenant, guest or agent shall be at that owner’s expense.
F. COMMON FACILITIES:
1. CLUBHOUSE – The Clubhouse is available on reservation basis for use by JCCA Residents for their own personal events and not for non-Resident friends or organizations wishing to rent the facility. The resident host must be present during the event. A security deposit of $300 and a cleaning fee in the amount of $100 are mandatory. In addition, Resident must provide evidence of liability insurance and name the Association as Additional Insured. The following guidelines are to be observed for usage of the Clubhouse:
a. Call the on-site Management Office to determine if the facility is available. Come to the on-site Management Office at least two weeks prior to your party to pick up a Clubhouse Packet, to confirm your reservation with the $300 security deposit and to sign a reservation agreement. The full amount of the security deposit is refunded if there is no damage to the Clubhouse amenities, if all required clean-up (including removal of trash to your house for disposal) and lock-up requirements are met, if all rental furniture and equipment and any personal belongings are removed prior to 11 a.m. the day after the function and if the Clubhouse is left in good condition with all furniture returned to its original location. Any charges for cleaning in excess of normal cleaning costs will be deducted from your security deposit; the remainder, if any, will be refunded. The cost of trash removal will also be deducted from your deposit as will be the actual cost of hiring a commercial bin for its removal.
b. Seven to ten days prior to the date of your function return to the on-site Management Office to pay the $100 cleaning fee. At that time you will be asked to schedule appointments for pre-party and post-party walk through inspections. Inspections are scheduled Monday-Friday between the hours of 9 a.m. and 5 p.m. If you are unable to keep either of your appointments or if you are more than a few minutes late, the inspection will be done without you by management personnel. You will be notified of any additional fees that will be deducted from your security deposit. We suggest that you make every effort to be present for both inspections to avoid misunderstandings about the condition of the facility either before or after the party. Bring your Clubhouse Packet with you to the pre and post party inspections for required signatures. Without proper signatures on the inspection form, the Gate Attendant is not authorized to release the Clubhouse key to you.
c. On the day of your event, present the Gate Attendant with the signed reservation receipt and two copies of an alphabetized guest list. The Clubhouse key will be given to you at that time.
d. Fire Department and Insurance regulations impose a limit of 130 persons maximum, including caterers and entertainment groups.
e. JCCA policy requires when the facility is to be used by minors; one parent per ten minors must be in attendance during the entire event.
f. Residents may reserve the Clubhouse four (4) dates in any calendar year - twice on weekends and an additional two (2) times on weekdays.
g. Reservation of the Clubhouse excludes use of the tennis courts and/or swimming pool. Food and beverages may not be taken to the pool or tennis courts by party attendees.
h. Parties in the Clubhouse must end by 1 a.m. on Friday and Saturday nights and by midnight on weeknights.
i. Furniture must not be removed from the interior of the Clubhouse.
2. SWIMMING POOLS are intended for the enjoyment of Residents of JCCA and their authorized guests. A Resident host should accompany guests. Access to the pool areas is by use of the same facilities key and ID tag that is used to open the pedestrian gates and tennis court gates. Access to the restrooms is by keypad combination, which is re-coded periodically. Residents are notified when the code is changed.
a. Pool hours are from 7 a.m. to 10 p.m. weekdays and 8 a.m. to 10 p.m. on weekends.
b. The facilities shall not be used for profit making activities;
c. All persons using the pools do so at their own risk; the Association assumes no responsibility for any accident or injury in connection with pool use or for any loss or damage to personal property. Since there is no lifeguard on duty, Residents are solely responsible for the actions of their family members, tenants, guests, visitors or agents. Children under 14 years of age are not allowed in the pool or spa areas without responsible escort who is at least 18 years old.
d. A gate key must be used to gain access to the pool areas.
e. Access gates must be securely closed at all times.
f. Swimmers must shower before entering the pool and after applying suntan lotion. Ragged edged garments are not allowed in pools or spas.
g. Running or pushing on or around the pool decks is prohibited. Skateboards, bicycles, tricycles, surf mats, surfboards or other large objects are not allowed inside the fenced in pool areas.
h. Eating in the pool areas is not allowed. Glass bottles, glass objects and metal cans (non-aluminum) are not allowed in the pool areas.
i. Shoulder length and longer hair must be tied back, braided or contained in a bathing cap.
j. Orange County Health regulations mandate that pets are not allowed inside of the fenced pool areas.
k. Any damage to equipment or furnishings in the pool areas shall be promptly reported to the on-site Management Office.
l. Unduly loud and disturbing noise, including loud radios, is not permitted.
m. Infants and young children who are not “potty” trained must use special “swim diapers”.
n. Showers must be turned off after use.
o. Trash, papers, etc. must be placed into the proper containers.
3. SPAS are therapeutic pools. Temperature at the three spas is maintained between 102 and 104 degrees. Due to the maintained temperatures and the harmful effect this type of heat can have on children, Residents should consult their doctor prior to entering a spa with their young children.
4. TENNIS COURTS – JCCA tennis courts are intended for the exclusive use of Association members or Residents and their accompanied guests. A Resident host must accompany any guest that wishes to use the tennis courts.
a. Hours of use are 7 a.m. - 10 p.m. weekdays and 8 a.m. - 10 p.m. weekends and holidays.
b. Residents gain access by using the same facilities key and ID tag that is used to open the pedestrian gates and pool gates.
c. Courts 1 & 2 can be lit for night play by using the facilities key.
d. JCCA tennis facilities shall not be used for profit making activities.
e. Players establish priority by registering for play on the blackboard. Registered players are entitled to play up to 1 1/2 hours. When courts are full, waiting players should "rack up" to establish their priority. To "rack up" waiting players place racquet on the rack in order of arrival. Players having the highest priority on the rack take the first available court. Players who complete their time may continue to play if no one is waiting. They should re-register their starting time.
f. If there are players waiting, a single player must vacate the court.
g. Tennis clothing & tennis shoes are required. Men must wear a shirt at all times.
h. Food is not allowed on the courts; beverages must be in non-breakable containers and are to be removed when play is completed.
i. Players under 18 years will relinquish the court to a waiting adult on Saturday, Sunday and Holidays (at all times) and after 6 p.m. on weekdays.
j. Tennis Pro Policy and Group Lessons – Any tennis pro must be invited by a tennis playing Resident, like any other guest. Resident must display the ID-tag while on the court and the pro and Resident must abide by all court rules. If tennis playing Resident organizes a group lesson, the group must consist only of JCCA tennis playing Residents. All court rules must be followed.
k. Dark soled, non-tennis type shoes that mark the courts are not allowed on JCCA courts.
G. ENFORCEMENT OF RULES FOR USAGE OF ALL COMMON AREA FACILITIES – Any person within the fenced areas enclosing pools or tennis courts may be asked by JCCA personnel or other authorized person, at any time, to demonstrate that he or she has authority to use the facility. Proof of authority can be by presentation of your facilities key with the required attached JCCA ID tag or by presentation of a driver’s license showing a JCCA address.
Any person who is unable to show proof of rightful access to pool or tennis courts may be asked to leave the area. Gates to all enclosed common facilities are to remain locked at all times.
H. SOLICITATION of any type including charities, door-to-door sales efforts, and canvassing, or any other type of solicitation is expressly prohibited in JCCA.
I. ROOFS – The Association is responsible for roof repairs that meet the criteria as specified in the CC&Rs. Residents are asked not to tamper with or walk on the roof of their house without prior approval. Please keep trees and vines away from the eaves and roofline. (The Association is not responsible for skylight repairs or for leaks related to their installation).
ROOF ACCESS POLICY: No Unauthorized Person May Walk On Roofs – This includes Residents, real estate agents, inspectors, painters contractors, satellite or skylight installers. Because the Association is responsible for maintaining the roofs, prior approval from the Association’s management office is required in order to allow the Association’s roofing contractor to perform inspections prior to and after the roof has been accessed.
Click here for a copy of the Roof Access Policy/Procedure
TERMITE TENTING PROCEDURES: Tenting is permitted; however, the on-site Management Office must be informed prior to the work being performed because Management must make arrangements with our roofing contractor to perform a pre and post-tenting inspection. This inspection is performed in order to determine the number of broken tiles before and after the tenting. The owners of the tented properties will be held responsible for the cost of replacing any tiles that are broken during the tenting process. The Board of Directors asks that you please adhere to the above policy and notify the office, in advance, of your plans to tent, so that the proper procedures can be followed.
J. LOUD AND DISTURBING NOISE by Residents, their family members, tenants, guests, visitors, agents or pets is not permitted.
K. PETS – City of Newport Beach Ordinance, Chapter 7.20, Subsection 0.20 requires that any person having charge of an animal shall not allow the animal to commit any nuisance on public or private property.
Association Rules require that you pick up after your pet. Please carry necessary items when walking your dog so that you can remove any litter left in common area. Disposal of pet waste must be in designated trash containers at the entrance of the greenbelts and is not permitted in grass or ivy covered common area or in other trash containers, such as those located inside the pool areas. Please be considerate in this matter. Violators shall be fined, with possible suspension of privileges.
L. LEASHES REQUIRED – Unleashed dogs are not permitted on greenbelts, streets, or other common areas. Dogs are not permitted to be tied up or otherwise left unattended, under any circumstances, in common areas including in front yards or at the pools or Clubhouse.
M. COMMERCIAL ACTIVITY – There shall be no business or commercial activity conducted on or from any single-family residential lot within JCCA, (Article X, CC&Rs).
N. SPEED LIMIT – Speed in excess of 20 MPH is strictly prohibited on JCCA streets.
O. GARAGE DOORS – The intent of the garage door policy is that the garage doors are to be maintained in a closed position. However, residents may keep their garage door open for reasonable periods of time, as long as they are home. When the resident is not present, the garage door must be closed.
P. TRASH PICKUP – Trash collection by the City of Newport Beach is on Fridays except on a week where the following holidays fall on a WEEKDAY: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. The pickup will then be postponed until Saturday. Trash put at curbside for City pickup shall be placed in sealed plastic bags or garbage containers. Trash may not be set out earlier than the evening before the scheduled pickup day and empty containers must be removed no later than the evening of the day the trash is picked up.
Association governing documents specifically state that all exterior property changes must be approved prior to an owner making the change. In addition, desired changes must conform to all applicable City Building Codes, ordinances and regulations. The homeowner or his agent is responsible for securing City approvals and building permits.
Over the years, a step-by-step procedure has been established to assist the homeowner in obtaining Association approval for additions or alterations. Those policies and guidelines are presented in this section of the Rules and Regulations.
Architectural Approval Applications are available at the on-site Management Office. Your completed application including two (2) final drawings, specifications and color samples must be submitted to the Architectural Committee for study and approval. The complete application must be submitted to the on-site Management Office one week (7 days) prior to the Architectural Committee meeting. Management will forward only completed applications to the Committee. The Association shall retain the original copy of the approved application in the master lot file and a duplicate copy shall be returned to the Owner. Please refer to the Newsletter for date of the monthly Architectural meeting and for the deadline date to submit completed applications.
APPROVAL TIME – The Architectural Committee reserves the right to postpone approval of an application for the maximum time allowed in the CC&Rs for major remodels and for other applications which the Committee would like to investigate in more detail.
The Committee reserves the right to postpone approval of incomplete applications. These applications shall be completed by the applicant and re-submitted.
Preliminary drawings may be presented to the Architectural Committee for study and approval. This step may be bypassed; however, it may save you the time and expense of revising finished drawings.
Construction drawings and specifications shall be prepared in accordance with requirements for clarity and completeness consistent with the requirements of the Newport Beach Community Development Department. It is strongly recommended that all drawings involving structures of any type be given a preliminary plan check by the City of Newport Beach Building Department to verify compliance with City building codes and zoning regulations prior to submittal to the Architectural Committee.
If the proposed improvement requires a permit from the City of Newport Beach, then the Architectural Committee may issue a “conditional approval”. The Homeowner will be required to provide proof of permit to the on-site Management Office. At that time, the “conditional approval” will become final approval and work can commence.
Homeowners are encouraged to attend the publicized monthly Architectural Committee meetings to discuss architectural changes, either for their own property, or to a neighboring property where the proposed changes will impact them directly. Their attendance or that of an agent (architect, designer or contractor) can be beneficial to answer possible questions the Committee may have. Persons renting property are ineligible to attend. Committee members are the only persons present for the final discussions and vote. Owners will be notified of the Committee’s decision, in writing, within 7 days after the meeting.
ARCHITECTURAL APPLICATIONS FOR MAJOR CHANGES SHALL INCLUDE:
1. Plot Plan which include:
· Lot lines, angles of corners and amount of curve.
· Existing buildings, fences and other improvements as well as those that are proposed.
· Dimensions on work to be considered.
· Distances between existing and proposed work and distances between proposed work and property lines.
2. Floor Plan must:
· Indicate all walls, columns, openings and any other condition or feature that will affect the exterior design of the building.
· Indicate exterior landscape or other details affected.
· Include accurate dimensions of each part of the plan.
· Note all items on the exterior that cannot be clearly noted on the elevation.
3. Roof Plan must:
· Show plan of all existing and proposed roofs with pitches and overhang dimensions noted.
· Indicate any unusual conditions and/or construction resulting from the proposed work.
· Indicate materials of all existing and proposed roofs.
4. Elevation plans must:
· Indicate all exterior elevations of all buildings existing and proposed. Photographs 3" x 5" or larger of existing buildings may be accepted for the indication of existing structures.
· Provide heights and details.
· Indicate all finish materials and textures on existing and proposed work.
5. Sections and Details must:
· Indicate principal connections or details showing method of construction.
· Relate details to other drawings.
6. Specifications must include:
· List of materials, quality and finishes.
· Description of uncommon materials as to weight, thickness, etc.
· Method of installation or application of materials.
· Color samples of all materials including paint or stain color. Samples are not required for “match to existing” specifications.
RIGHT OF ENTRY – When construction requires the use of adjoining property for purposes of transporting labor and materials, the applicant shall obtain written permission from the adjoining property owner including the Association, if the property adjoins common area, for "right of entry" during the course of construction.
CHANGES DURING CONSTRUCTION involving exterior appearances requires additional approval of the Architectural Committee.
TIME PERIOD – Approvals are valid for six (6) months. Work must commence within that time period. Approvals will be honored for the present owner and are transferable to a new owner subject to Architectural review. The six-month period can be extended subject to Architectural Committee approval at no additional application cost.
WORKMANSHIP – Construction work must be performed in a manner consistent with the construction standards of the existing dwelling and in conformance with the appearance of the community. Any work considered to be of an unsightly finished nature or of lesser quality than the prevailing community standards will be required to be re-done to an acceptable standard.
INSPECTION – Upon completion of the work as indicated on the "approved" copy of the drawings and specifications, the owner shall notify the Architectural Committee for final inspection.
APPEALS – Appeals shall be submitted directly to the Board of Directors of the JCCA. Policy has been adopted for approvals as well as disapprovals. The complete policy is available at the on-site Management Office and will be given to each owner at the time an application for change is requested.
FAILURE TO SUBMIT APPLICATION AND OBTAIN APPROVAL – Failure to submit the required Architectural Application and to obtain necessary approval from the Architectural Committee will constitute a violation of the CC&Rs and may require modifications or removal of the improvements at the expense of the owner. Approvals become final upon expiration of five (5) days after the date of approval. Only after that time may work begin.
VARIANCES – Maintenance charges for owner improvements to property shall be the sole responsibility of the homeowner of record; all subsequent transfers of the property shall reflect the above requirement in a property disclosure statement, which shall be provided by JCCA Management as an addendum to the escrow instructions.
MISCELLANEOUS CONSTRUCTION REQUIREMENTS:
1. Applicants must notify the on-site Management Office prior to getting a disposal bin. Maximum time a bin may be on-site is two weeks with additional time allowed by approval of the Board of directors.
2. The Association will repair damage to common area by construction crew and homeowner will be assessed for cost of repairs.
3. Posted “no parking” fire lane restrictions and all other Association traffic control signs must be heeded by construction crews. Owners are responsible for fines received by their construction crews.
4. JCCA hours of construction are as follows: (1) Monday through Friday 7:30 a.m. to 6:30 p.m. (2) Saturday from 8:00 a.m. to 6:00 p.m. and (3) no noisy construction on Sunday at any time. In consideration of your neighbors, it is preferred that no noisy construction takes place on Saturday.
5. Portable toilets are allowed if placed in the garage and out of sight. Storage bins are allowed with authorization from the on-site Community Manager.
PATIO STRUCTURES, SUNSHADES, ARBORS, TRELLISES AND GAZEBOS shall be made of wood, metal or other synthetic materials, as approved by the Architectural Committee. The Architectural Committee shall review the height and placement of these structures to be certain that they do not obstruct neighbors’ views and to determine that all exposed surfaces harmonize with the colors of the existing dwelling. The side elevations of structures included in this section shall not be enclosed in any manner, except in the case where a wall of a main dwelling forms a natural enclosure to some or all portions of a side elevation.
Materials approved for use on the top of these structures are (1) material matching the existing roof of the dwelling (2) flat plastic or fiberglass panels in neutral tones of beige or white (3) glass panels and (4) solid or spaced wood. Unacceptable construction materials include metal structures and supports including metal awnings, corrugated plastic, plastic webbing and reed-like or straw-like materials.
URNS, POTS AND PLANTERS – Urns, pots and planters, if placed on top of the retaining walls, should be exactly the same in: size, color, material and texture. Color should be neutral and unobtrusive. No plastic materials allowed. Any statuary or animations are to be placed within the interior walls. Foliage and flowers must be well maintained at all times.
PRIVATE POOLS – Drainage and pool construction standards shall conform to overall development, grading and drainage standards and to the City codes and standards. It is strongly recommended that the service of a soil engineer be retained to review pool plans and specifications prior to executing a construction contract.
Pool heaters shall be of the stackless type. All pool equipment shall be screened from sight of adjacent property and from the view of any public right-of-way. It shall be located or sound attenuated in such manner so that it does not disturb the occupants of adjacent and nearby properties.
DRAINAGE AND FILL – All lots must be maintained in such a manner to cause drainage of water to flow into adjacent streets and not into adjoining property or slopes.
SATELLITE DISH INSTALLATION PROCEDURE
Because of the increasing popularity of satellite dish antennas, the Board of Directors and Architectural Committee feel that it is important to express their intention to help homeowners install such antennas within the scope of the Association’s Rules and Regulations. Thus, the intent of this procedure is to clarify the requirements for the homeowner contemplating such installation.
Please note that the Committee will also be bound by appropriate regulations as declared by the Federal Communications Commission. As your guideline, the following procedure has been established:
1. Once the date and time of installation has been established, homeowners are advised to give a 48-hour notice to the on-site Management Office. This will enable an Association representative to work with the Resident and the Resident’s installer to find a suitable location for the dish.
2. The Architectural Committee will approve installation of satellite dishes which have a diameter or diagonal measurement of one meter (39.370 inches) or less.
3. Location of a satellite dish must assure clear reception. In meeting this criterion, the dish can be affixed to the fascia board (below the edge of the roof), patio cover or other post or column. However, it must be sited so the dish is as much as possible out of the sight of neighbors so as to preserve their views and the aesthetics of this community and should not be affixed to the roof or project above any roof line unless absolutely necessary to receive a signal. This guideline will assist the Architectural Committee in approving the location of your satellite dish.
4. To assist with dish location, the homeowner needs to have a plan showing placement with a brief description, initialed by the homeowner and then proceed with the AC rep. and installer.
Again, it is our intention to assist homeowners in proper placement. Those who do not follow the above procedure and have a dish installed obstructing the view plane of their neighbors or in an unsuitable location will be required to move the dish. Dish relocation will be at the homeowner’s expense. Legal action will be taken to enforce this policy, if required. d
FLAGS – A flag may be flown from a pole attached by means of a bracket mounted on the fascia board or other location approved by the Architectral Committee. The height of the pole shall not exceed the highest point of the existing dwelling on the lot. Freestanding flagpoles are not permitted.
OUTDOOR LIGHTING – Flashing, glaring or revolving lights are not permitted. However, Holiday lighting in season is permitted. Removal from structures and landscape is required within 30 days after the Holiday.
SKYLIGHT INSTALLATIONS – Skylight domes may be either bronze or clear. White domes are not permitted. THE COST FOR REPAIRS OF SKYLIGHTS OR FOR ROOF LEAK(S) THAT ARE RELATED TO SKYLIGHT INSTALLATION WILL BE BORNE BY THE OWNER. THIS INFORMATION IS DISCLOSED DURING THE ESCROW PERIOD UPON SALE OF THE PROPERTY. Installers are to follow installation guidelines provided by Association. Completed installation will be inspected by Association roofer. The cost of this inspection will be borne by owner.
BASIC POLICY ON PENALTIES, FINES & FEES – It is the policy of the JCCA to protect the rights and privileges of the members and to enforce the CC&Rs, Bylaws and Rules and Regulations of the Association pursuant to the authority vested in the Board of Directors of said Association by the CC&Rs and the Bylaws. The following system of penalties, fines and fees is hereby established and supersedes all previously adopted systems for such penalties and fees.
This system shall be binding on the members of the Association, and shall not be the exclusive remedy of the Association to deal with violations of the CC&RS Bylaws or Rules and Regulations. Members shall be responsible for the acts or omissions of their guests, lessees or invitees. All penalties and fines, pursuant to this Fine Policy, shall be imposed by Board action after reasonable notice and hearing.
VIOLATIONS OF CC&Rs – Pursuant to Article XIV, Section 1, of the CC&Rs, the Association has the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provision of the Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants or reservations and the right to recover damages or other dues for such violation; provided, however, that with respect to assessment liens, the Association shall have the exclusive right to enforcement thereof.
NON-PAYMENT OF ASSESSMENT – Pursuant to Article IV, Section 1 of the CC&Rs, the Association has the right to proceed to bring an action at law against an owner for non-payment of assessments (as set forth in Article IV, Section 2 of the CC&Rs). Article XI, Section 1(d) of the CC&Rs provides that the voting rights and use of the recreational facilities by any member may be suspended by action of the Board of Directors during any period when assessments owed by such member remain delinquent.
CONTINUING VIOLATION OF RULES – Article XI, Section 1(d) of the CC&Rs provides that the right to use of the common areas and facilities by a member may be suspended by the Board of Directors for violation of the, for a period not to exceed thirty (30) days for any single infraction of the Rules and Regulations of the Association, provided that any suspension of such right to use the recreational facilities, except for failure to pay assessments, shall be made only by the Association or a duly appointed committee thereof, after notice and hearing given and held in accordance with the Bylaws of the Association.
FINES – Pursuant to Article VI, Section 1 (a) and Article XI, Section 1 (b) of the CC&Rs, fines may be levied by action of the Board of Directors, after notice and hearing, in accordance with the schedule below. Such fines shall become the personal obligation of the Owner (even though a tenant may be residing in the property and have incurred the fine) and shall be billed and collected in the same manner as special assessments, except that the Association may not record a lien with respect to any such fine imposed. However, the Association may collect any fines imposed through the filing of a legal action.
TYPES OF VIOLATIONS AND THEIR RELATED FINE SCHEDULES:
1. Failure to comply with or violation of CC&Rs or Rule not specifically set forth below:
· First offense Warning
· Second offense $50.00
· Third offense etc. $100.00/possible suspension of privileges
2. Failure to comply with Animal Control Rules and Regulations:
· First offense $50.00
· Second offense, etc. $100.00/possible suspension of privileges
3. Malicious damage to Association property:
· First offense $500.00 plus repair costs and/or legal action.
· Second offense, etc. $500.00 plus repair costs and/or legal action.
4. Littering, disposal, trash, grass clippings, debris on or around common areas and facilities:
· Second offense $100.00/possible suspension of privileges
5. Trash containers put out earlier than evening before or left out later than evening of scheduled pick up:
· Third offense etc. $100.00
6. Illegal parking of autos by Resident or guest: All offenses $10.00.
7. Failure to abide by posted JCCA traffic signs (speeding, failure to stop, parking in red):
8. Illegal parking of boats, motor homes (CC&Rs, Article X, Section 6):
· Third offense etc. $100.00/possible suspension and /or tow away costs
9. Illegal parking causing emergency situation, e.g., blocking emergency vehicles:
· First offense Tow away plus costs.
· Any offense thereafter Maximum $100 plus tow away and costs.
10. Use of motorcycles or other motor-driven vehicles in areas other than streets:
· First offense $50.00, unless Association property damaged, then $500, plus costs
· Second offense, etc. $100.00, unless Association property damaged, then $500 plus costs
11. Failure to trim trees to not less than 2 feet below the roof peak of the nearest building:
· First notice Warning
· Second notice $100.00
· Third notice $150.00/week and possible further legal action.
California Civil Code Sections 1369.510 through 1369.590 require community associations and their homeowners to offer to participate in some form of Alternative Dispute Resolution (“ADR”) prior to initiating certain types of lawsuits in superior court. ADR means mediation, arbitration, conciliation, or other non-judicial procedure that involves a neutral party in the decision-making process. ADR may either be binding or non-binding, as may be agreed to by the parties. This Summary of the ADR statutes is being distributed as required by California Civil Code Section 1369.580.
I. When ADR Must be Offered Prior to Initiating Enforcement Action:
An association or an owner may not file certain lawsuits in superior court unless an effort has been made to submit the dispute to ADR as required by law. Generally, ADR must be offered before filing a civil action or proceeding that seeks:
A. A judicial declaration of the rights and responsibilities of the parties, only; or
B. A writ of mandate or a writ of prohibition, only; or
C. Permanent injunctive relief only; or
D. Declaratory relief, writ relief, or injunctive relief, combined with a claim for monetary damages of five thousand dollars or less
It is not necessary to offer ADR prior to filing any other type of superior court action, or prior to filing any type of small claims action. Except as otherwise provided by law, the ADR requirement does not apply to an assessment dispute.
II. Compliance Procedures:
The ADR process is initiated by one party serving all other parties with a “ Request for Resolution,” which shall include:
A. A brief description of the dispute between the parties;
B. A request for ADR;
C. When directed to an owner, the request must be accompanied by a copy of the ADR statutes;
D. A notice to all parties that they are required to respond within 30 days of receipt, or else the offer of ADR is deemed rejected; and
Service of the Request must be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the intended recipient actual notice of the Request. If the Request is accepted, ADR must be completed within 90 days of the receipt of the acceptance, unless the parties sign a written agreement extending the completion date.
The cost of ADR is to be borne by the parties. Unless the parties agree, no oral or written evidence or statements made in an ADR proceeding, other than arbitration, are admissible as evidence in a later lawsuit.
Each homeowner should consult with his or her own attorney regarding appropriate compliance with the ADR statutes.
III. Failure to Participate in Some Form of ADR Prior to Enforcement Action:
Should a party unreasonably refuse to participate in ADR before the lawsuit is filed, the court may, in its discretion, take this refusal into consideration in determining the amount of attorneys’ fees and costs ultimately awarded at trial. In accordance with the disclosure requirement of California Civil Code Section 1369.590, please be advised that:
“Failure of a member of the Association to comply with the alternative dispute resolution requirements of Section 1369.520 of the Civil Code may result in the loss of your right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law”
Association’s Policy of Early Dispute Resolution:
In accordance with the California Civil Code, a fair, reasonable, and expeditious procedure exists for resolving disputes between the Association and an owner involving their rights, duties or liabilities under the Davis-Stirling Common Interest Development Act, the Nonprofit Mutual Benefit Corporation Law, or the Association’s governing documents. The procedure supplements, but does not replace the ADR process summarized above. The procedure is as follows:
A. Either party may request the other, in writing, to meet and confer. While a homeowner may refuse a request to meet and confer, the Association may not
`B. The Board shall designate a member of the Board to meet and confer with the owner.
C. The parties shall meet promptly at a mutually convenient time and place to explain their positions and confer in good faith in an effort to resolve the dispute.
D. A resolution of the dispute shall be memorialized in writing and signed by the parties.
E. An agreement reached using this procedure binds the parties and is judicially enforceable if it is not in conflict with law or the governing documents and the agreement is either consistent with the authority granted by the Board of Directors to the Board member who met with the owner, or if the agreement is ratified by the Board.
F. An owner may not be charged a fee to participate in the process.
(ADR rev. 3/05)
