Article 3 - Restrictions
Homeowners Association
Home
Board of Directors
Budget
Bulletin Board
Community Events
Classified Ads
CC&R's
Committees
FAQs
Forms
Meeting Agenda
Meeting Minutes
Newsgroups
Property Management
Links
Contact Us
3.1 Residential Use. Each Lot shall be used for residential purposes only; and no part of the Development shall be used or caused, allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or other nonresidential purpose. Notwithstanding the foregoing, Owners or occupants of the Lots may use a room or rooms in the residence as an office, providing that the primary use of the Lot is as a residence, no advertising or a sign is used in any manner in connection with the office use, no customers, clients or patients enter the Lot on any regular basis, and the used is in compliance with the City of Santa Clara's home occupation ordinance or any successor ordiance thereto. The Board shall have the authority to adopt additional Rules or any successor ordinance thereto. The Board shall have the authority to adopt additional Rules regarding the use of offices within the Development in order to maintain the residential characteristics of the Development. The use of Lots by the Declarant or its designees as models and sales and construction offices for purposes of developing, improving and selling the Lots in the Development shall not be a violation of this restriction, provided that such use shall terminate no later than three years after the date of recordation of this Declaration or any declaration of annexation annexing property in any additional phase into this Development, whichever occurs later. Model homes shall be returned to residential conditions per the City of Santa Clara's approved PD prior to occupany.
3.2 Leasing. The Owner may rent or lease his or her Lot provided each of the following conditions is satisfied:
(i) the lease or rental agreement must be in writing;
(ii) the lease or rental agreement must contain a provision that the lease or rental agreement is subject to this Declaration, the Bylaws and the Rules and that any violation of any of the foregoing shall be a default under the lease or rental agreement; and
(iii) before commencement of the lease or rental agreement, the Owner shall provide the Association with the names of the tenants and each family member who will reside on the Lot and the address and telephone number of the Owner.
Any Owner that leases or rents his or her Lot shall keep the Association informed at all times of the Owner's address and telephone number. Any lease or rental agreement shall be subject to this Declaration, the Bylaws and the Rules; and any breach of any of the foregoing shall constitute a default under the lease or rental agreement, regardless of whether it so provides in the lease or rental agreement.
3.3 Nuisance. No activity shall be conducted on any Lot or Common Area that constitutes a nuisance or unreasonably interferes with the use or quiet enjoyment of the occupants of any other Lot.
3.4 Vehicle and Parking Restrictions. No mobile home, camper or recreational vehicle, boat, truck or similar equipment shall be parked on any Residential Lots. For purpose herein, "truck" does not include a pickup truck that does not exceed three-quarter ton.
No vehicles shall be parked within any Private Driveway as defined in Section 1.19 at anytime for any purpose. Occupants shall park their vehicles in their assigned parking spaces so that Common Area parking spaces are available primarily for guest parking. No parking space may be converted into any use that would prevent its use as a parking space. The Board may adopt Rules regulating parking in the Common Area, including regulations that prohibit occupants from parking in all or part of the Common Area, so that the spaces are available exclusively for guest parking.
3.5 Towing Authority. The Association may install a sign at each vehicular entrance to the Development containing a statement that public parking is prohibited and that all vehicles not authorized to park within the Development will be removed at the owner's expense. The sign shall contain the telephone number of the local traffic law enforcement agency and shall not be less than 17 inches by 22 inches in size and the lettering not less than one inch in height.
The Association may cause the removal of any vehicle wrongfully parked within the Development, including a vehicle owned by an occupant. 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, within a reasonable time thereafter, shall notifiy the owner of the removal in writing by personal delivery or first-class mail. In addition, notice of the removal shall be given 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 plate number, and the address from where the vehicle was removed. If the identity of the owner is not known or readily ascertainable and the vehicle has not been returned to the owner within 120 hours after its removal, the Association immediately shall send or caused to be sent a written report of the removal by mail to the California Department of Justice in Sacramento, California, and shall file a copy of the notice with the proprietor of the public garage in which the vehicle was stored. The report shall be made on a form furnished by the Department of Justice and shall include a complete description of the vehicle, the date, time and place from whch the vehicle was removed, the amount of mileage on the vehicle at the time of the removal, grounds for removal, and the name of the garage or place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal, without notice, of any vehicle parked in a marked fire lane, within 15 feet of a fire hydrant, in a parking space designated for handicapped without proper authority, or parked in a manner which interferes with any entrance to, or exit from, the Development or any Lot, parking space or garage located thereon. The Association shall not be liable for any damages incurred by the vehicle owner because of the removal in compliance with this section or for any damage to the vehicle caused by the removal unless such damage resulted from the intentional act of any agent of the Association. If requested by the owner of the vehicle, the Association shall state the grounds for the removal of the vehicle.
Unless the Board provides otherwise, any director or officer, any manager or manager's agent or any owner authorized to do so by any director or officer shall have the authority to act on behalf of the Association to cause the removal of any vehicle wrongfully parked within the Development.
The provisions of this Section 3.5 are intended to comply with Vehicle Code section 22658.2. If this Vehicle Code section is amended, this provision automatically shall be amended in the same manner. If this section is repealed and no successor section is enacted, this provision shall remain in full force and effect. Vehicle code section 22658.2 may have been amended by the State Legislature since this Declaration was recorded, and the Board should confirm the current statutory requirements.
3.6 Animals. Normal and customary household pets may be maintained within the Develoment under the following conditions:
(i) there shall be not more than two dogs or two cats or one dog and one cat maintained by the occupants of any one residence unless otherwise authorized in writing by the Board;
(ii) no animal shall be maintained for any commercial purposes;
(iii) the use of the Common Area by animals shall be subject to such Rules as may be adopted by the Board; and
(iv) the Owner shall be responsible for any damage to any Common Area caused by any animal maintained on the Owner's Lot.
The Board, after notice and a hearing, may require the permanent removal from the Development of any animal that the Board, in its discretion, determines is a nuisance, a danger to the health and safety of any occupant, or otherwise interferes with the quiet use and enjoyment of occupants of any Lot. The Board may find that an animal is a nuisance if the animal or its owner continue to violate the Rules regulating pets after receipt of a demand from the Board to comply with the Rules.
3.7. Television or Radio Equipment. Without the prior written consent of the Architectural Review Committee, no television or radio poles, antennae, satellite dishes, cable or other external fixtures or personal property shall be installed or maintained on any Lot that are visible from the Common Area or any other Lot except for such equipment installed by Declarant as part of the original construction of the Development. Subject to the requirements of Civil Code section 1376 as it may be amended from time to time, the Architectural Review Committee may adopt rules regulating the installation and maintenance of such equipment and may prohibit such installation if visible from any Common Area or public street.
Nothing herein shall be construed to restrict any manner the Board's right to authorize a cable television franchisee or other provider of similar serivces to provide cable television, radio or other similar services to the Development.
3.8 Signs. Subject to the provisions of Section 12.12, no sign of any kind shall be displayed from any Lot that is visible from the Common Area or other Lot except the following:
(i) any sign not exceeding two feet by two feet advertising the Lot for sale or rent, providing that no more than one such sign is used and the sign is situated on the Lot that is to be sold or rented.
(ii) any sign of a political nature, providing the sign is placed inside a window; or
(iii) any sign approved by the Board either on an individual basis or pursuant to Rules adopted by the Board.
3.9 Trash Removal. Each Lot Owner shall be responsible for the removal of all the trash and refuse from that Owner's Lot. Each Owner shall engage a trash removal service for the periodic removal from the Owner's Lot unless the Board approves some other arrangement in writing. All trash or refuse shall be kept only in sanitary containers, which containers shall be kept in the area designated for such except on trash collection day if curbside service is provided.
3.10 Clothesline. No exterior clothesline shall be erected or maintained or any Lot; and there shall be no exterior drying or laundering of clothes on any balcony, patio, porch or other outside area of any Lot.
3.11 Window Coverings. The interior surfaces of all windows shall be covered with normal and customary window coverings such as curtains, drapes, shutters or blinds. The exterior side of window coverings shall be white, off-white or beige unless approved otherwise in wriring by the Architectural Review Committee.
3.12 Subdivision. No Lot shall be subdivided into two or more lots without the prior written consent of the Association.
3.13 Automobile Maintenance. There shall be no maintenance (other than vehicle washing and cleanup) or repair performed on any automobile except within an enclosed garage or except for any emergency repairs that are necessary in order to remove the vehicle to a proper repair facility.
3.15 Commonly-Metered Utilities. The Board may adopt Rules regulating the use of any commonly-metered utilities that are paid by the Association.
3.16 Compliance with Law. No Owner shall permit anything to be done or kept in his or her Lot that violates any law, ordinances, statutes, rules or regulation of any local, county, state or federal agency. Nothing shall be done or kept in any Lot that might increase the rate of or cause the cancellation of any insurance maintained by the Association.
3.17 Drilling. No drilling, mining, or quarrying operation shall be conducted on any Lot or the Common Area at anytime.
