PARKING RULES & REGULATIONS:
LA VIDA HOMEOWNERS ASSOCIATION
PARKING & MOTOR VEHICLE RULES & REGULATIONS
A LOG OF ALL VIOLATIONS WILL BE KEPT AT MPM COMMUNITY MGT
(520) 571-7400
1.0 Assignment of Parking Spaces. One covered parking space is assigned to each unit and may only be occupied by the owner or authorized tenant. No owner/tenant is allowed to have more than 4 vehicles parked at La Vida, if residing in a two-bedroom unit, and no more than 2 vehicles if residing in a one-bedroom unit.
2.0 Parking Restrictions
2.1. All vehicles must be parked front end first, so that the license plate is displayed in full view.
2.2. No parking directly in front of the mail boxes except to pick up mail.
2.3. No parking in any red curb zone or in any areas designated as �No Parking�, except to briefly load or unload a vehicle.
2.4. Vehicles should not be parked horizontally, so as to block or partially block any vertical parking space or trash receptacle or other vehicles.
2.5. No parking in any lined areas.
2.6. There shall be no storage of vehicles anywhere in La Vida without the prior approval of the Board of Directors. Any vehicle that has been parked and not moved for a period of two weeks or more will be presumed to be a stored vehicle.
2.7. Owners/tenants must keep their parking spaces clear of garbage. There has been a substantial increase in garbage in the parking areas, such as, fast food bags, cups, wrappers, beer and pop bottles, etc.
2.8. Neither covered nor open parking spaces are to be used for storage, and are for vehicle parking only.
3.0 Handicapped Parking. Only vehicles with a current handicap registered license plate or an easily visible permit may park in designated handicap parking spaces.
4.0 Vehicle Restrictions.
4.1. All vehicles must be in full working order, including but not limited to:
solid windows (not smashed or cracked), working head/tail lights, etc. Vehicles in violation will be tagged and will have no more than five working days to have the repairs completed off the premises.
4.2. All vehicles must have a current license plate on them with the current registration tag. Temporary and dealer plates are not permitted, except on new vehicles. La Vida may not be used as a storage facility for dealer vehicles.
4.3. �For Sale� signs are not to be displayed on any vehicle while on La Vida property.
4.4. Boats, RVs, trailers, and similar vehicles are not allowed in La Vida at any time. Only service trailers used by workers hired by La Vida are allowed.
4.5. Vehicle repairs and maintenance are limited to owner/tenant vehicles and are further limited to the following: Repairing or replacing a flat tire; adding gas to an empty vehicle; charging or replacing a battery; adding fluid, such as oil, water, antifreeze, and washer fluid. Changing the oil or flushing the radiator is not allowed. Other care repairs are not allowed.
4.6. Washing of vehicles is not allowed in La Vida. Any hoses found in the parking
area will be removed and discarded.
4.7. No motorbikes, go-karts or other unlicensed motor vehicles shall be ridden
within La Vida. No person shall operate a motorized vehicle within La Vida without a valid operator�s license.
5.0 Guest Parking.
5.1. Guests of any
owner/tenant may park their vehicle in any available uncovered parking space, including the overflow parking lot (where the mailboxes are). All guests are required to follow all of these Parking Rules and Regulations.
5.2. Guests that will be in residence at La Vida for more than two weeks must have
their vehicle registered with the property management. The owner/tenant will provide the Association with the following information: Vehicle owner�s name, address, license plate number, expiration date, place of registration, and specific length of stay (beginning date and ending date).
6.0 Nuisance. The Board of Directors has the sole discretion to determine whether any vehicle or operation of any vehicle constitutes a nuisance. The following are examples of nuisance within parking areas and driveways of La Vida:
6.1. Driving too fast. The speed limit within La Vida is 10 mph.
6.2. Motor vehicles must not create loud or annoying noises.
6.3. No unsightly motor vehicle may be parked in La Vida that detracts from the
overall character of the property.
6.4. The parking areas are not to be used for parties, loud music, barbecuing, or
inappropriate behavior.
7.0 Enforcement.
7.1. Written notice will be served on the resident/owner that violates any of these
rules. If the vehicle owner is not a La Vida resident or owner, a notice will be affixed to the non-compliant vehicle. Otherwise, service will be made by first class mail or hand delivery to the resident�s unit and by affixing notice to any non-compliant vehicle. Notice also will be mailed to the unit owner if the owner is not the resident.
7.2. If a second violation of the same infraction occurs, the Association may have the vehicle towed without further notice. The vehicle owner will be responsible for all towing fees and storage costs. Refer to posted parking signs for towing service company and phone number.
7.3. Any vehicle that is parked wrongfully in any handicap spot or in a covered parking space may be towed by the Association or by the assigned user of the covered parking space without prior notice. The vehicle owner will be responsible for all towing fees and storage costs.
7.4. A vehicle also may be towed without prior notice if the vehicle:
7.4.1. owner is a repeat offender.
7.4.2. does not have current registration.
7.4.3. is deemed by the Board of Directors to be a safety hazard.
7.5. The Board of Directors of La Vida also may levy a penalty on the owner of the unit where the non-compliant vehicle owner resides or is visiting. The penalty may be levied if there are any repeat offenses for the same infraction (after initial notice) and will be $25 for the first repeat offense; $50 for the second; $75 for the third, etc. The penalty shall be collectible like an assessment, and the unit owner shall have the opportunity to appear before the Board (in executive session) to give any reason why the penalty should not be levied.
7.6. If items are stored in a parking space in violation of Section 2.8, notice will be
given to the pertinent Unit Owner to remove all stored items. If said items are not removed within the stated time period, the Association will remove the items at the Unit Owner�s expense.
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If someone parks in your covered parking, then you can call the towing company to have it removed immediately, as per the parking rules and regulations under enforcement 7.3.
Degraw's Towing: 295-9529
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PLEASE USE THE E-MAIL LINK TO THE BOD FOR VIOLATIONS OR CONCERNS REGARDING VEHICLES AT LA VIDA. THANKS.
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CITY OF TUCSON JUNK VEHICLE ORDINANCE:
Sec. 16-15. Junked motor vehicles.
(a) Prohibited storage.
(1) No person owning or having custody of any junked or inoperable vehicle may store such vehicle on private property, or on any sidewalks, streets or alleys, within the city, except as otherwise permitted under this section;
(2) No person owning, occupying or in control of any private property within the city may store any junked or inoperable vehicle on the owned or occupied property, or on any abutting sidewalks, streets or alleys, except as otherwise permitted under this section.
(b) Permitted storage. This section shall not apply to any junked or inoperable vehicle stored on private property if the vehicle:
(1) Is on the premises of a business enterprise operated in a lawful place and manner and licensed by the city under chapter 19 of the Tucson Code, and the storage of the vehicle is necessary to the operation of the business enterprise; or
(2) Is lawfully enclosed within:
a. An enclosed garage or other permanent building lawfully constructed of opaque materials without openings, holes or gaps other than doors and windows;
b. A carport, and an opaque car cover designed for that purpose (and not including tarps, bed sheets, plastic sheeting, or similar materials) completely covers the body of the vehicle; or
c. Any fence, wall or barrier, not less than five (5) feet in height, constructed of opaque materials without openings, holes or gaps other than gates or doors, completely enclosing the vehicle, and equipped with self-latching gates or doors. Such fence, wall or barrier must comply with section 16-12(e).
(c) Persons responsible. Whenever the city finds that any junked or inoperable vehicle is stored on private property or on any abutting sidewalks, streets or alleys in violation of this section, the persons responsible for the violation include the recorded owner, occupant or person in control of the private property, as well as the registered owner or custodian of the vehicle.
(d) Evidence of abatement. Within fifteen (15) days from the issuance of the civil infraction citation or civil infraction complaint or at the first appearance date, whichever date comes first, the judge or hearing officer shall dismiss the civil citation or civil complaint if the defendant produces at the administrative hearing office competent evidence of abatement as set forth in this subsection; and, if necessary, the first appearance date may be continued to permit city verification of the abatement. Abatement shall consist of one (1) or more of the following:
(1) Lawfully storing the vehicle; or
(2) Lawfully registering the vehicle and affixing thereto unexpired number or license plates assigned to the vehicle by any state; or
(3) Eliminating the condition (i.e. wrecked, inoperable, etc.) that causes the vehicle to be deemed a junked or inoperable vehicle.
(e) Evidence of registration. Evidence of the current registration for the vehicle may be presented as a defense to the violation.
(f) Authorization to enter private property for vehicle removal pursuant to court order. Any code official or persons as may be directed by such code official may enter private property to remove or cause the removal of a vehicle upon order of the court pursuant to section 16-60.
(g) Penalty; violation declared a nuisance.
(1) A violation of this section is punishable in accordance with section 16-48 of this chapter.
(2) The unlawful storage of any junked or inoperable vehicle within the city in violation of this section is declared dangerous to the public safety and a public nuisance.
(Ord. No. 9816, � 15, 2-24-03; Ord. No. 10126, � 6, 3-1-05)
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Revised 11/2004
LA VIDA HOA GENRAL RULES AND REGULATIONS
5.0 RECREATION ROOM, GYM ETC.
5.1. The recreation room/clubhouse is a �no smoking� building.
5.2. Animals are not allowed in the recreation room/clubhouse building at any time. The only exception is a seeing-eye dog with its owner.
5.3. Owners/tenants may reserve the recreation room/clubhouse for groups of which they are a participant. To reserve the clubhouse contact the property management. There is a fee to reserve it, which may or may not be refundable at the Boards discretion. Those reserving the clubhouse must live on the premises and are responsible for the behavior of their guests, as well as the complete clean-up and any damages incurred. They must also shut off all lights, remove all food and drink, decorations, waste, etc. and replace furnishings to their original order.
5.4. Guests for any function in the recreation room/clubhouse will park in the front overflow parking lot across from the mail boxes. They must not block the mail boxes or park so as to block other vehicles or parking spaces etc.
5.5. Guests may use the gym equipment. It is strongly recommended that the owner/tenant accompany the guests. The owner/tenant is liable for damage of any equipment. Children under the age of 16 are not allowed on the gym equipment without adult supervision. The Board and Association will not be liable for any injury. The Owners/tenant will be held responsible for any damage to the equipment. Access to the equipment room is by special key request to the property management after the one-time key deposit has been made. The deposit is held as long as the owner/tenant has the key. The deposit will be refunded after the return of the key and that no damage has occurred due to the owner/tenant or their guests.
6.0 POOL, BARBEQUES, ETC.
6.1. The pool area cannot be reserved, however, you and your guests may use it, but not to the exclusion of residents. Owners/tenants should accompany their guests whenever possible.
6.2. Children must be accompanied by an adult (18 years or older) to be anywhere in or around the pool area. Fourteen or older may swim without an adult, unless they are a guest, then they should be accompanied by the host. The host is responsible for their guests� behavior and following the rules. They are also responsible for any damage their guests incur.
6.3. Neither animals nor glass containers are allowed in the pool area, except a seeing eye dog with its owner.
6.4. Alcohol or drugs are not allowed in the pool area! No exceptions! Any homeowner/tenant may call 911 if this is occurs in the pool area. The individuals involved will lose all pool/clubhouse privileges for this infraction.
7.0 GENERAL USE AND OCCUPANCY
7.1. All owners/tenants and their guests are subject to the Association rules, regulations, and CC&R�s and the owner shall be held responsible for any infractions. The lease for renters must contain a clause that indicates the tenant has received a copy of the Association rules and regulations and a version of the CC&R�s that apply to renters.
7.2. Promptly after execution of any lease, sublease, or lease renewal, the unit owner, representative or leasing agent must provide the Association with a copy of the lease, full name of lessee(s) and occupants. They also need to give the Association the permanent address and emergency telephone number of the owner, representative and/or leasing agent. A fine will be assessed for noncompliance.
7.3. The elevator for buildings �M�, �N�, �O�, and �P� will be used for the purpose of carrying disabled tenants from floor to floor only. Children are not allowed to play in or around the elevator. Doors are not to be propped open for any reason. The elevator must be available for use 24 hours a day for disabled residents. The elevator is not to be used for moving furniture or heavy items. Anyone, children or adult, who disrupts the elevator�s use in any way, will be assessed a large fine and be subject to any expenses it costs the Association to get the elevator in working order again. Repeat offenders will be taken to court and sued.
Disabled residents may obtain a key for the elevator by contacting the property management. The property management will send a form to be filled out by the owner/tenant. The request will then be reviewed by the Board and a decision rendered as to whether or not a key is issued. A one time key deposit is also required and is refunded when the key is returned. Having copies of keys made is not allowed! If you need more than one copy then the property management will contact the Board member that has additional keys and he/she will deliver it to your unit. At no time may an approved key holder lend out their key or have copies made, lending them out to others! Violators will lose their elevator privileges and the unit owner will also pay for the cost of rekeying the elevator key pads.
7.4. Parents are responsible for their children�s behavior and any damage or havoc they cause. Children should be kept away from: the elevator, steps, skate boarding, roller skating, ball games or any game which might cause damage or injury is not allowed in the complex.
7.5. Owners of animals are responsible for any damage their pets cause. They must pick up feces when they take their pet out to relieve themselves. It is preferred that the animals be taken across the street in the desert area to do their duty. All animals must be on a leash and under control at all times. Owners must prevent excessive barking etc. so as not to disturb other neighbors. No animals except dogs, cats, fish, or birds are allowed in the complex and units. (Please refer to the CC&R�s for the number of animals and the weight allowed for animals).
7.6. Owners/tenants are liable for any damage, disturbances etc. which are inflicted upon the property of others or common areas.
7.7. Balconies and porches cannot be used for general storage. Patio furniture and plants are acceptable.
7.8. There is no cooking or barbequing allowed on the balconies or common areas except at the pool on designated grills. It is a fire hazard and is subject to a fine or law suit. Also, our property insurance company does not allow this.
7.9. Illegal drugs of any kind are not allowed on the premises. Anyone caught using, selling, or the transportation of illegal drugs will be prosecuted to the full extent of the law.
8.0. Quite hours for the complex are 10PM to 8AM. Please be considerate of your neighbors during these hours. Loud parties should be held in the recreation room/clubhouse, and ended by 10PM on weekdays and 11PM on Friday and Saturday nights. Excessive drunkenness and rowdiness is unacceptable behavior and is not allowed and any owner/tenant abusing rules and regulations will be banned from the recreation room/clubhouse and pool area.
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LA VIDA FINES FOR RESTRICTION VIOLATIONS*
Improvements and Alterations (Article XIV, Section 14.1)$50.00
Maintenance, Repairs, Replacements (Article XI, Section 11.1) $50.00
Animals (Article XIII, Section 13.3)
1. Pick up litter $25.00
2. Kept for commercial purposes $50.00
3. Making objectionable noises or otherwise constituting a nuisance or
Inconvenience $25.00
4.Unrestrained on common area $25.00
Use and Occupany Restrictions(Article XIII, Section 13.1-13.17) $25.00
Vehicles (Article XIII, Section 13.4) $25.00
Note: defined schedule set forth above is �per occurrence�, unless otherwise stated by Board of Directors.
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*Restrictions and Rules not listed above will be evaluated on a case-by-case basis.
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RESOLUTION OF THE BOARD OF DIRECTORS OF LA VIDA HOMEOWNER�S ASSOCIATION
REGARDING THE IMPOSITION OF
FINES
This resolution is adopted by the Board of Directors for La Vida Homeowner�s Association pursuant to A.R.S. 33-1803 which provides that an Association, after notice and hearing, is entitled to impose monetary penalties for infractions of the Declaration of Covenants, Conditions and Restrictions (the �Declaration�) and violations of the Association�s rules and regulations.
It is the desire of the Board of Directors to set forth the procedure for the imposition of fines for violations of the Declaration or any Rules adopted by the Board of Directors of the Association.
NOW THEREFORE, the Board of Directors adopts the following procedure for the imposition of such fines for violations of the Declaration or any Rules adopted by the Board of Directors of the La Vida Homeowners Association.
1.Demand: Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying: (a) the alleged violation; (b) the action required to abate the violation and a time period, of not less than seven (7) days, if the violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of sanctions after notice and hearing if the violation is continuing.
2. Continuing Violations: For the purposes of this Section, each day a violation continues after notice to cease has been given by the Board to the Owner shall constitute a separate violation.
3.Notice: If the violation continues past the period allowed in the notice for abatement without penalty, or if the same rule is subsequently violated, within a twelve (12) month period, the Board shall serve the violator with written notice of a hearing to be held by the Board in executive session within one month of such notice. The notice shall contain: (a) the nature of the alleged violation; (b) the time and place of the hearing, which time shall not be less than ten (10) days from the giving of the notice; (c) an invitation to attend the hearing and produce any statement, evidence, and witnesses on his or her behalf; and (d) the proposed sanction to be imposed, which may include the imposition of a fine of not more than $100.00 for any one violation.
4.Hearing: The hearing shall be held in executive session pursuant to this notice thereby affording the Member a reasonable opportunity to be heard. Prior to the imposition of any sanction hereunder, proof of notice and the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered into the minutes by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanctions, if any, imposed.
5.Imposition of Fine: Upon conclusion of the hearing, the Board of Directors shall determine the amount of the fine to be imposed, if any, based on the seriousness of the violation, whether the type of offense poses a danger to property or any person, and whether the violator agrees to abate the violation within the time specified by the Board of Directors. After the amount of the fine is determined, the Board shall determine the due date for the payment of such fine.
6.Collection: Collection of any fines may be enforced against any lot Owner in the same manner as the collection of delinquent assessments, and in accordance with A.R.S. 33-1803, including applicable late charges and interest for non-payment
Dated this 21st day of June, 2001.
By Val Brown President
Attest:
Lewis R. Holmes Secretary