Mission Park
Homeowners Associations, Inc.
Guidelines
A)
SALES: The law requires that upon the sale of your
home, prior to conveying Title, you must provide the purchaser a current copy
of the Association Documents, and statements of your homeowner’s account. These documents include the material
contained in your manual, i.e., the CC&Rs, the Association Articles of
Incorporation, the Bylaws, and these Guidelines. The Management Company can provide a copy of these documents for
a fee.
B) LEASING: Owners leasing or renting their property shall include as an addendum to the agreement an acknowledgement providing the CC&Rs, Bylaws and Guidelines to the tenants and notice that any violation of any of the foregoing shall be default under the lease or rental agreement; (copy of addendum is attached for your convenience). Within ten (10) days of commencement of the lease or rental agreement, the owner shall provide the Association (via its Management Agent) with the names of the tenants and each family member that will reside on the lot and the address and telephone number of the owner. Failure to provide the Association with the required tenant information and signed acknowledgement within the ten (10) day period with result in a Special Individual Assessment of $100.00 and any additional fees incurred by the Association in order to obtain proper documentation and information regarding the Residents and their agreement. A default of the lease/rental agreement by violation of the rules, CC&Rs or Bylaws shall cause the owner to take immediate steps as may be necessary to correct the breach, including, if necessary, eviction of the tenant. (Page 8, Article 3 Section 3.2)
C)
CLOTHESLINES: No exterior clotheslines or exterior drying
or laundering of clothes which may be visible from the street or common area,
shall be allowed on any balcony, patios, porch or other outside area on any
Lot. (Page 11, Article, Section 3.10).
D) AUTOMOBILE MAINTENANCE:
There shall be no maintenance or repairs 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. (Page 11, Article 3, Section 3.13).
E) WINDOW COVERINGS: All homes shall be fitted with customary window covering such as curtains, drapes, shutters or blinds. The side facing out of each home shall be white, off-white or beige unless approved otherwise in writing by the Architectural Review Committee. (Page 11, Article 3, Section 3.11)
MISSION PARK HOA, INC.
PAGE 1
ADDENDUM
TO LEASE
By signature below, Tenant hereby acknowledges receipt of the CC&Rs, Bylaws, and Guidelines for the Mission Park Homeowners Association, Inc.
Tenant further acknowledges by signature that Tenant, Tenant’s family, additional occupants residing with Tenant and Tenant’s guests will adhere to the rules and restrictions as outlined in these documents. Violation of infraction of the rules in considered a breach of this lease and may result in eviction of said tenant.
_______________________________________________________ Date:
__________________________
Tenant Signature
_______________________________________________________ Date:
__________________________
Tenant Signature
_______________________________________________________ Date:
__________________________
Owner/Agent’s Signature
PROPERTY ADDRESS:
___________________________________________________________________________
cc: Mission Park Homeowners
Association, Inc.
MISSION PARK
HOMEOWNERS ASSOCIATION, INC.
PET RULES AND REGULATIONS
It is the intent of the Association to control the handling pets within Mission Park for the protection and comfort of humans as well as the safety and humane treatment of animals. To that end, the following rules and regulations regarding pets have been adopted and compliance is required of all members, tenants, and guests.
1.
Pets
shall leashed or otherwise maintained under positive control while in Mission
Park. The City of Santa Clara may be
called by any resident to pick up animals running loose in Mission Park.
2. Pet waste on or visible from Mission Park shall be cleaned up immediately by the owner or person in control of the animal and shall be disposed of in a sanitary manner. Violations will result in a fine of $50.00 per incident.
3.
Pet
noise, including barking or other sounds, shall be controlled to prevent
disturbance of members, tenants or guest anywhere in Mission Park.
4.
Pets
shall be controlled to prevent nuisance behavior, such as digging or unfriendly
actions towards humans, in Mission Park.
5.
Animals
required by the City of Santa Clara and State of California code to be
licensed, shall be licensed while in Mission Park.
6.
No
structure or attachment to existing structures for the care, housing, or
confinement of any pet shall be constructed or maintained without Architectural
Committee Approval.
MISSION PARK HOMEOWNERS
ASSOCIATION, INC.
GENERAL GUIDELINES
It is the intent of the Association to maintain the general order of business of the Association and to control aesthetic, comfort and convenience aspects of community living at Mission Park. To that end, the regulations that follow have been adopted and compliance is required of all members, tenants, and guests.
Owners may make photocopies of the current CC&Rs to distribute to tenants; however, guidelines and signature sheets must be obtained (current) prior to rental. Tenants must be given a copy of the CC&Rs, Guidelines and Lease Addendum prior to signing a rental agreement with the Owner.
MISSION PARK HOMEOWNERS
ASSOCIATION, INC.
SPECIAL INDIVIDUAL ASSESSMENT (FINING) SCHEDULE
ADOPTED JULY 6, 1998
Mission Park Homeowners Association, Inc., and its Board of Directors have resolved that the following procedures shall be followed, as reflected in the Covenants, Condition and Restriction (CC&Rs) for this Community, recorded in the records of Santa Clara County, California.
For any action or infringement in violation of the Governing documents, i.e., CC&Rs, Bylaws, Rules and Regulations, etc., the following procedure shall be used:
1)
The
Managing Agent shall write to the Homeowner, and Resident (if applicable), via
first-class Mail detailing the action or infringement, the appropriate
controlling document and the specific section the homeowner/Resident is thought
to be in violation of; and issuing a fifteen (15) day response period. If the Homeowner/Resident responds and
complies, no further action is necessary.
2)
If
no response, or compliance is not met within fifteen (15) days, a second
letter, send via Certified/Return Receipt Mail and First Class Mail referencing
the first letter shall be sent advising the Homeowner/Resident that they have
been scheduled for a hearing with the Board of Directors for a specific date
and time, the letter shall also advise them of the Special Individual
Assessment they may receive if they fail to attend the hearing, detailing
below.
3)
A
hearing shall be convened, whether or not the Homeowner/Resident attends. Said Hearing shall be held in Executive
Session per Civil Code Section 1363.
Should
a Special Individual Assessment be levied against a Homeowner for specific
action or infringement in violation of the Governing Documents or Rules and
Regulations, the following shall apply:
ARCHITECTURAL
COMPLIANCE: Anymore beginning
architectural modification work without written approval, or after a denial by
the Board or Architectural Committee, shall incur a Special Individual
Assessment of $300.00. Continuance of
the work after notice to cease and desist shall incur an additional $200.00
Special Individual Assessment and the Association shall, at the same time, file
for Alternative Dispute Resolution (ADR) and if appropriate an injunction to
prevent the person from continuing work.
For
any other nonconformance of the CC&Rs or these Rules, a fine of up to
$100.00 shall be levied.
MISSION PARK HOMEOWNERS
ASSOCIATION, INC.
1998 DELIQUENT ASSESSMENT
COLLECTION POLICY
ADOPT JULY 6, 1998
1. It is the fiduciary responsibility of the Board of Directors to collect all assessments for the maintenance and replacement of common area property in a timely fashion. The Association is entitled to recovered reasonable costs of collecting delinquent assessment, including but not limited to Attorney’s fees, late fees, collection costs, lien fees and costs and litigation guarantee, which assessments and costs shall bear interest if more than (30) days overdue.
2. Assessments are due on the first day of each month and are delinquent at 5:00 p.m. on the 30th of the month, at which time a late charge of $10.00 or 10% of the assessment (or special assessment), whichever is greater wil be charged on the 31st day. All balances due as of 5:00 p.m. on the 30th day of the month will be subject to interest of 12% per annum.
3. On or about the 31st day after a payment is due, the Board of Directors authorizes Agents and Managers of the affairs of the Association to cause notice to be sent to all members who are delinquent notifying them of interest charges and the need to make payment in full within 60 days of the due date in order to avoid a lien on the property.
4. On or about the 60th day after a payment is due, a 10-day Pre-Lien Notice will be prepared and sent, by certified mail, to the delinquent record owner(s) at the owners’ last mailing address provided to the Association. Such notice will include a detail of the total amount delinquent, including but not limited to, assessments, late charges, interest and costs of collection, if any.
5. On or about the 11th day after the Pre-Lien Notice is sent, if all such amounts have not been paid, a Notice of Delinquent Assessment (“Lien”) will be prepared and recorded. All resulting collection fees and costs will be added to the total delinquent amount as the Association reserves the right to recover costs of collection. A copy of the recorded Lien will be sent, by regular and certified mail, to the address as described in item (5) above, 10-days after recordation.
6. All charges assessed to the account must be paid in full as a condition to curing and releasing such Lien, and the Association shall not be required to accept any partial or installment payments from the Lien date to the time that all such amounts are paid in full, accept by an execution of a mutually agreeable payment plan and forbearance agreement. Arrangements for such an agreement must be made with the Association’s Agent assigned to the collection of the account.
7. If all such amounts have not been paid, in full, within thirty (30) days after the recordation of such Lien, the Association may, without further advance notice, proceed to take any and all additional enforcement remedies as the Association, in its sole discretion, deems appropriate, including, without limitation, non-judicial foreclosure of such Lien, judicial foreclosure, or suit for money damages, all at the expense of such owner.
8. At the option of the Association, interest shall be due on all such amounts, once due and unpaid for thirty (30) days, at the rate of twelve percent (12%) per annum.
9. Each payment from an owner shall applied first to the principal sum owed, then, in descending order, to interest, late and collection expenses, unless a payment agreement and forbearance agreement is executed between the Association and the owner.
10. Assessment collection issues are generally exempt from Civil Code Section 1354 which provides a process for resolving matters through alternative dispute resolution (ADR). However, a homeowner may lift the exception for the association assessments through the following steps:
a. Homeowner pays in full all of the assessments in dispute, late charges, interest and all fees and cost associated with preparation and filing of a lien (including mailing costs, and attorney fees not to exceed $425);
b. This payment must be made along with a written statement of protest from the homeowner which is sent to the association via certified mail, not more than 30 days after the Lien is recorded;
c. Upon receipt of such a written protest, the association must inform the owner of the right to resolve the matter through ADR as set forth in Civil Code Section 1354, a civil action or any other procedures that the board might establish to resolve this matter. The Association is under no obligation to agree to ADR, even if any owner properly requests ADR;
d. A homeowner may use this exception for ADR for delinquent disputes not more than 2 times in any single year and not more than 3 times in any five calendar years;
e. If through ADR it is determined that some of the assessments are levied in error, the homeowner is entitled to recovery of interest in a reasonable amount.
11. Any check returned by the bank for insufficient funds, stop payment or any other reasons will be charged back to the unit and a $15.00 administration fee plus any bank fees will be assessed to the account. If the account has been turned over to the Association’s agent for collection and a check is returned, the account will be assessed whatever administrative fees as the Agent provides.
12. The Board of Directors of the Association may revise this policy, either generally or on a case-by-case basis, if it finds good cause to do so.
MISSION PARK
HOMEOWNERS ASSOCIATION, INC.
PARKING RULES
ADOPTED BY THE
BOARD OF DIRECTORS
All common area parking spaces are for the use of legally registered, operational Guest vehicles on a first-come, first-serve basis. At no time may a vehicle be constructed, reconstructed or repaired within the community, with the exception of repairs on an emergency basis sufficient to remove the vehicle to a garage or repair facility outside the property. Vehicles left in an inoperable condition for longer than 24-hours will be towed from the Community by the Association’s towing agent, or Santa Clara Police, at the vehicle owner’s expense. Vehicle Owner may also be subject to additional fines and/or penalties, at the discretion of the Board.
Vehicles may not be stored or left in the same open space parking longer than 72 hours. If this occurs that vehicle will be considered stored and subject to removal (via tow) 24 hours after a written notice has been placed on the windshield. The Association considered this notice as notice to the vehicle owner as required by California Vehicle Code.
Duvall Court is a Fire Lane and vehicles parked in areas other than designated parking spaces are subject to immediate tow without warning.
Per the CC&Rs, Article III Section 3.4 Vehicle and Parking Restrictions no owner shall park anywhere within the Community any of the following: Mobile Homes, Campers or other recreational vehicles, boats, or trucks in excess of three-quarter tons in weight.
Garages shall be used to park the number of vehicles they were designed to contain. No garage may be converted in such a manner as to not allow the parking of said number of vehicles. When parking Resident vehicles within the Community, Resident shall park in their assigned parking space.
Guests, for purposes of these rules, are considered those persons visiting a resident for a period of 21 days or less in any one calendar year. Guests planning to be on the property longer than 3 days should obtain a guest parking permit from Management. Permits shall be issued for periods of seven (7) days to a maximum of three permits. Guests who park on Lenox Place longer than 21 days shall be considered Residents.
No vehicle shall be parked within any Private Driveway as defined in Section
1.19 at anytime for any purpose.