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35608550 REQUEST or
Recording Requested by TlTLF. INSURANCE AND Tags
and When Recorded, mail
to: has {3 I"! 27 AH’fiU
Pardee Construction Company ' OFHCMLRHMRDS
10639 Santa Monica Boulevard _ §ERALISkECAt f?
$AN N"GOCGU””.
Los Angeles, California 90025 REOGRDER
ATTN: David K. Lyman, Esq,
$5.00
hnsmboflm-inod cabin-WI.
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MAX/93579
by Title In:
«nonrandom

AMENDMENT OF SUPPLEMENTARY DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS

mod for record
a: an

«Human-memo.

FOR THE CONDOMINIUM DEVELOPMENT OF

andffnul Company

CONCORD SQUARE UNIT NO, I

m; Immune‘m

mu
inIS AMENDMENT OF SUPPLEMENTARY DECLARATION OF COVENANTS,

CONDITEONS AND RESTRICTIONS, made this 2lst. day of July, 1980,

by PARDEE CONSTRUCTION COMPANY, a California corporation, here~

inafter referred to as “Grantor”.

This Amendment is made with reference to the following

recitals:

WHEREAS, Grantor is the owner of certain real property

located in the County of San Diego, State of California, which

is more particularly described as follows:

Lot 2, of Concord Square Unit No, 1, according to

map No, 9097 thereof, filed January 26, 1979, in

the office of the County Recorder of San Diego

County.

WHEREAS, on July 11, 1980, Grantor caused to be recorded

a Supplementary Declaration of Covenants, Conditions and Restric-

tions for the Condominium Development of Concord Square Unit

No. 1 (hereinafter referred to as the "Supplementary Declaration“)

with the County Recorder of San Diego County, California as

File/Page No. 80-186601; and

WHEREAS, Grantor desires to amend the Supplementary Declara-

tion recorded on July ll, 1980 with the County Recorder of San

Diego County, California as File/Page No. 80-186601;

,‘I
f
- . I ,‘ CuNCORD SQUARE COMMUNITY ASSOCIATION" i?.

FIRST AMENDMENT TO BY-LANS

THIS FIRST AMENDMENT TO THE BY-LAws is made by CONC If

ORD SQUAREiCOMMUNITY
ASSOCIATION as follows:
. I
Change ARTICLE IV, SECTION 1: Annual Meetings from:
I:
If , g
The first.annual meeting of members shall
after the close of escrow for be_held within six (6)+months-w~*
the sale of the first condominium by
Declarant, or within forty-five days
after close of escrow fo ithe sale
by Declarant of fifty-one percent (51%)
of the condominiums; whichever
shall first occur. Subsequent annual
meetings of members shall be held
on the last Tuesday in November at the hour
any annual meeting day fall upon a lega
of 7:30 o'clock m. Should
l holiday, then such annual
meeting of members shall be held at the same time
day thereafter ensuing which is not a and place Onfthe next
legal holiday.
(second paragraph to remain as written)

to read:
it
The first annual meeting of members shall
after the close of escrow f0r the sale of be held within six (6) months
Declarant, or within forty-five days after the first condominium by i
by Declaran
close of escrow for the sale
t of fifty-one percent (51%) of the cond
shall first occur. Subsequent annual ominiums; whithever
meetings of members shalhtbe‘held,l
in November on such date and at such time as the Board of
determine. DireotOrS'shall
if:
“.Isecend paragraph t9_remain as written)

I, [Oenn T63 //’(///l,/} 4261’ /./ , being the Secretary'Ofthe Concord,

Square Community Association and repr
esenting the Board of Directors of the
I
Concord Square Community Association,
do so state that the Amendmentgas stat

<
ed
above has been passed by majority vote.
r , —-‘
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"
--L-' «7

Signature: y/g;;%p<?zcfi9 ;;7/

“n.3,”- ufl-m

STATE OF CALIFORNIA 3 MAUREEN COOK

NOTARY Puauc - CALIFORNIA
SS. Immammoflmim
COUNTY OF SAN DIEGO ) ORANGE m1? ‘-
mmwubnaaSetztnn§3
Ink» «2

ag/. gag ,eafzge ' _

0n ‘ effigiéééggggk, before me the undersigned, a_Notary
Public in an for saic tate, personally appeared fag/Z4&7 Z24) 5‘;
.'/4L ‘.44L_
known to me
Who executed the within in strument in to be the 45253914 ‘_ m" "
behalf of the'homeowners assoc1ation
named therein and acknowle dge to me
that , executed the same.
WITNESS my hand and 0 fficial seal.
 . , " 2108 -7/l7/80

NOW THEREFORE, RESOLVED, that Page 2, ARTICLE

I; Section
1.01 of the Supplementary Declaration
recorded on July 11, 1980
with the County Recorder of San Diego
County, California as
File/Page No. 80-186601 is hereby amended to read as
follows:

"Seetion 1.01 Sub _l__

ect Pro ert
._l_l li_2_ :
_;1_
The real r0 P ert sub'ecn to said covenants, conditions and
restrictions is locate ‘he County 0L£ San Diego,
J
In

o
.L'A
State of

Lot 2, of Concord Square Unit No. l, acco

rding to map
No. 9097 thereof, filed January 26, 1979,
in the office
of the County Recorder of San Diego
County.

the hereinabove described real property

consists of approxi-
mately_ 3 acres abutting on Summerdale Road. There will be
constructed upon said land "individual
condominiums", each with
a living unit hereinafter designated as
innit", numbered 179
through 232 inclusive, all as shown on a diagramm
atic map
attached to and made part of the Cer
tificate being recorded just
prior hereto, and a common area con
sisting of the entire project,
except therefrom said units 179 through 232 inclusive, subjecr
to the terms and conditions hereof.

Said 54 condominiums shall be offered for sale

to the
public and the Grant Deeds conveying
said interest in said project
to the individual purchasers of said cond
ominiums shall expressly
incorporate by reference and be made subj
ect to this Supplementary
Declaration of Covenants, Conditions and Restrictions and the

Declaration of Covenants, Conditions and Restrictions of Conc

ord
Square Unit No. l in San Diego County, California reco
rded
gpril 10, 1980 in the Official Records of San Dieg
o County,
California as File/Page No<r8O-12219
61)and the Amendment of
Declaration of Covenants, Conditions‘and Res
trictions of Concord
Square Unit No. l in San Diego County, California recorded May
13, 1980 in the Official Records of San
Diego County, California
as File/Page No. 80-158373."
h“
 210 9‘ . 2‘ “1—7/17/30

FURTHER RESOLVED, that in all other respects, the

Supplementary Declaration recorded on July 11, 1980 with the

County Recorder of San Diego County, California as File/Page

N0. 80-186601 shall remain in full force and effect.

IN WITNESS WHEREOF, Grantor has executed this Amend

ment
. lt July
this day of , 1980.

PARDEE CONSTRUCTION COMPANY

BY
David K, Lyman, e P eSident

/ fl_l . .
BY l (5.4% M
Patricia Donahue, Assistant Secretary

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

On JulV 21 , 1980 before me, a Notary Public in and

for said State, personally appeared David K.
Lyman, known to me
to be the ViceuPresident and Patricia Donahue,
known to me to be
the Assistant Secretary of the corporation that
executed the within
Instrument, known to me to be the persons who
executed the within
Instrument on behalf of the corporation therein
named, and acknowl-
edge to me that such corporation executed the
within instrument
pursuant to its By—Laws or a Resolution of its
Board of Directors.
-.
WITNmSS _
my hand and of f loia
' ' 1
i seal . WW
eaLsym
”
W /
/ ' TINA SCHROETER
W W 7; , ,j NOTARY PUBLIC-CALIFORNIA
. , PRINCIPAL OFFICE m
LOS ANGELES COUNTY
My Commission Expires Feb. 28. 1984 J
,_ * , .. ‘- W. DKL-R” ’9/80
. VA *N‘ "

All agreements and determinations lawfully made by the Asso—

ciation in accordance with the voting percentages esrablished in
this Declaration or in the By-Laws, shall be deemed to be binding
on all Owners of Condominiums, their successors and assigns.

IN WITNESS WHEREOF, the undersigned, being Declarant herein,

has executed.this instrument the day and year first hereinabove
written.

PARDEE CONSTRUCTION COMPANY

1N“
BY ,. , , )‘4'{£:.fl
\I(I;JN£ .
David K, Lyman, Vfifie PreSident

.,n -.- }
BY (2 [141" (,2/ /(. (“he rt.» lc/j'f—efi

Patricia Donahue, Asst. Secretarv

STATE 0? CALiEORNIA )
COUNTY 0? Los Angeles

0n Avril 9 I 1933 , before me, the undersigned, a Notary

Public in and
f
or said State, p7 . r sonally appeared Uauid K 13m“:
, known to me to be the vicg pqiapni
President, and _" Patricia Donahue ; known to me to be
the Assistant_ Secretary of a
execut ed the within instrum ent, known to m
the corporation that
beh a ‘ f
to be the persons who executed the within instrument on
named, and acknow ledged to me that Such co:-
the corporation therein
poration executed the within instrum ent pursua nt to its by— 1 r
resolution of its Board of Directo rs.

WITNESS my hand and official seal,

, , ‘_ _J
L;;:;L::£:J::GLLAJI . f, , //( '/‘S .
OFFlCIAL SEAL
m. TiNA SCHROETER 2 t 11.5.4 .j' 1 'ft_[ ._..
. TARY . ‘ 1.
353* NOTARY PUBLIC-CALIFORNLAL
-
“0 PUBHeC
_V}i PmNCWALOFHCEiN
LOSANGU£SCOUHTY
i!

My Omnfliifinjitfiifififeu @1989... t
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,fi VA G” ill

I
Retording Requested by and
H In 8 51311111
when Recorded Mail to:;: s‘ugntfifififus
. VERAL.LVLéc‘L '
”(‘Pa‘rdee Construction Company
I 10639 Santa Monica Boulevard RECORDER
‘ """ ‘ .
Los Angeles, CA. 90025 '
A'l'rN: David K. Lyman, Esq.
a 33. 43

'DECLARATION or COVENANTS, CONDITIONS AND RESTRICTIONS

conccao sodas? UNIT no. 1

THIS DECLARATION OF RESTRICTIONS, made this 4th day of

March , 198C, by Pardee Construction Company, a
California corporation,‘lereinafter called 'Declarant'.

This Declaration is made with reference to the following

RECITALS:
A. Declarant is the owner of the real property located in
-
the City of San Diego, County of San Diego, California, hereinafter;
called the "Condominium Property" described as follows: =

Lot 1 of Concord Square Unit No. 1, according to Map No.

9097 thereof, filed January 26, 1979 in the Office of the
County Recorder of San Diego County.

B. Declarant has filed an Amended Condominium Plan with the ‘7-

fice of the County Recorder of San Diego County, recorded.as File/
Page No. 79—510515 on December ll, 1979.

' C. Declarant has or intends to improve the Condominium Pro-

perty by constructing thereon 78 Living Units and intends to
establish a condominium project under the prov;sions of the Cali-
fornia Condominium Act providing for separate.tit1e to Living
Units (as hereinafter defined15appurtenant to whicL will be an ur-
dividad fractional interest in-the Condominium property other
than the Living Units. " ’
D. The OWners of a Condominium in the project will receive
title to the Living Unit, plus an undivided 1/78 fractional in-
terest as Tenant in common in the Common Area of Concord Square _
Unit No. 1 Phase 1 CondOninium. Each Condominium shalluhave—appur-_'
tenant to it a membership in CONCORD SQUARE COMMUNITY ASSOCIA
TION,
a California corporhtion not for profit ('Association'), which
3
i will be the management body for the overall condominium project.
f
m
nu
0', E. Before selling or conveying any interests ingthe Condo-
T3

minium Property, Declarant desires to subject the Condominium

.' with" .13!

Property in accordance with a common plan to certainfcovenants,

conditions and restrictions for the benefit of Declarant and any
and all present and future owners of the Real Property,'
 5...“ —~—_————— .—-———..-_- a
Wf'.‘

r DKL-R-4/9/80
VA

NOW, THEREFORE, Declarant hereby certifies and declares and

does hereby establish the following general plan for the protec-
tion and benefit of all of the Real Property described above and
has fixed and does hereby fix the following protective covenants,
conditions and restrictions upon each and every ownership inter-
est in the Condominium Property described above, undergwhich said
covenants, conditions and restrictions each ownership interest in
_ .the Condominium Property shall be hereafter held,-used, occupied,
__leased, sold, encumbered. conveyed and/or transferred. Each and
all of said covenants, conditions and restrictions are for the pur-
pose of protecting the value and desirability of and shall inure
to the benefit of all of the Real Property described above and
shall run with and be binding upon and pass with the Condominium
‘ Property and each and every ownership interest therein and shall
inure to the benefit of, apply to and bind the respective sscces-
sors in title or interest of Declarant.

ARTICLE I

4 Section l; ”Association" shall mean and refer to

‘ . CONCORD SQUARE COMMUNITY ASSOCIATION, a California corporation
not for profit, its successors and assigns.

Section'z. 'Boa:d shall mean and refer to the Board of

Directors of the ASSOCiazion.

: Section 3. "Real Property” shall mean and refer to that

5 real property located in the County of SAN DIEGO, California

y u'52:-‘Efiiéfltslabiutdhudflwuéhm«Saawuueis a ¢Luflhhflénflflflfi“
described as:
--_-————

Let 1 of Concord Square Unit No. 1, according to Map

No. 9097 thereof, filed in the Office of the County
Recorder of said County.

Section 4. ”Condominium Property" shall mean and refer to‘

that certain real property located in the County of SAN DIEGO,
o

State of California, more particularly described as:

Lot 1 of Concord Square Unit No. 1, according to Map

No. 9097 thereof, filed in the Office of the County
Recorder of said County.
what“: - ‘.

Section 5. "Owner" shall mean and refer to the record

'ownerT—Ghether one (1) or more persons or entities, of fee simple
title to any Condominiun which is a part of the Real Property, in-
ircluding contract sellers, but excluding those having such interest
Emerely as security for the performance of an obligation.

. Section 6. ”Condominium Plan“ shall mean and refer to the

Condominium Plan recorded pursuant to California Civil Code Sec-
tion 1351 covering the Condominium Property. including such amend—
.' monts thereto as may from time to time be recorded.

"1 Section 7. “Cordominium” shall mean and refer to a fee

simple estate"in the Condominium Property as defined in Section
783 of the California Civil Code and shall consist of a separate
interest in a Living Unit and an undivided fractional interest /
x.ss

as tenant in common in the Common Area. a

“3/55- .
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 i - 1253
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VA

Section 8. “Living Unit‘ shall mean the elements of a

condominium which are not owned in common with the Owners of
other condominiums and consists of one element: air space.
The boundaries of each "Living Unit" are the_interior surfaces
of the perimeter walls,'floors, ceilings.'windows and doorpb
thereof, and the Living Unit includes both the portions 3f the
building so described*and the air space so encompassed. 'The fol-
lowing are not part of the Living Unit: bearing walls, columns,
floors, roofs, foundations, pipes, ducts, flues, chutes, condu-
‘ its, wires. and other utility installations, wherever located,
except the outlets thereof when located within the Living Unit.
In interpreting deeds and plans, the existing physical boundaries
of the Living Unit or of a Living Unit reconstructed in substan-
“ tial accordance with the original plans thereof shall be conclur
sively presumed to be its boundaries rather than the notes and
bounds expressed in the deed or plan. regardless of settling or

‘ ‘. .. ‘-. il .c a'na‘:‘u;'fl7wm>d%
lateral movement of the building and regardless of minor variance
between boundaries shown on the plan or in the deed and those of
the building.

Section 9. 'Conmon Area" shall mean and refer to all por~

tions of the Condominiun Property not located within a "Living Unit".

Section lo. 'BXClusive Use Area“ shall mean and refer to

those portions of the Ccmmon Area to which an exclusive right to
__use is granted to an Ogrer as shown and described on the_Condo—
-"-"- minium Plan and shall consist of Decks, ihicfi_are marked D cnfthe

.K‘.
Condominium Plan, Patios, which are marked P on the Condominium

u. no}. estatnmmnnaw ..
Plan. Parking Spaces. Potshelves and Storage Rooms.

t Section 11. “Declarant' shall mean and refer to Pardee

Construction Company, its successors and assigns, if such suc-
cessors or assigns should acquire more than one {1) undeveloped
Parcel in the Real Property from the Declarant for the purpose
of development.

Section 1%. 'Mo:tgage” shall mean and refer to a Deed of

Trust as well as a mortgage.

Section 13. 'MOtagee" shall mean and refer to a bene-

. rails-scout 1.. .

ficiary under or holder of a Deed of Trust as well as a mortgagee.

Section 14. “Mortgagor' shall mean and refer to the trustor

of a Deed of Trust as Well as a mortgagor.

Section 15. ”By-Laws" shall mean and refer to the By-Laws

of the Association as they may from time to time be amended.
g
; Section 16. "Articles" shall mean and refer to the Arti-
cles of Incorporation of the Association as they may from time
E to time be amended.
5
M ‘Wfi'fi ’3 ”traffic. '1‘ ‘.I Rlo- ”fl-NT“?

Section 17. "Menber" shall mean and refer to a person en—

titled to membership in the Association as provided herein.

Section 18. ”Project" shall mean and refer to the entire

real Eroperty above described. including all structures and im-
provements erected or to be erectrd thereon.

Suction 1”. "Declaration" shall mean and refer to this on-

abling Declaration of Restriction”.

Section 20. 'Map" shall mean and refer to CONCORD SQUARE

UNIT NO. 1 PHASE 1 Pmended Condominium Plan filed in the Office of
"I!

the County Recorder of San Diego County, California on December 11.

1.933. as rile/pagc b'o. 79-510519. ———-‘
\
.

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1254
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DKL-a-4/9/Bo
VA

Section 21. 'Comnon Expenses' means and includes the ac-

tual and estimated expenses of operating the Condominium Property
and any reasonable reserve for such purposes as found and deter-
mined hy the Board and all sums designated common expenses by or
pursuant to the Condominium Documents.
\

Section 22. "Conéominium Building" shall mean a residential

structure containing Living Units.

" 'Section 23. "Condominium Documents” means and includes the

T Declaration as it may be amended from time to time, the exhibits,
if any, attached thereto, the Articles, the By—Laws, and the rules
and regulations for the members as established from time to time ,
by the Board and the‘CondOminium Plan.

Section 24. "Fiscal Year”'sha11 mean the year from January 1,

of one.calendar year through December 31 of the following calendar
year.

Section 25. "Improvements" shall include buildings. out-

buildings, carports, roads, driveways, fences, screening walls,
A

--retaining walls, hedges, windbreaks, plantings, planted trees and

shrubs, poles, signs, and all other structures or landscaping im-
provements of every type and kind.

Section 26. 'Rocnrd" and ”Fecordation' shall mean, with

. respect to any document, the recordation of said document in the
Office of the County Recorder of the County of San Diego, State
of California.

Section 2]. “Rules” shall mean the rules adopted by the

Board for the regulation of the Common Area, as they may be
amended from time to time.

Section 28. '3taze" shall wear the State of California.

., Section 29. 'Vislble From Neighboring Property" shall mean.

1 with respect to any givei object, that such object is or would be
' visible to a person six feet tall, standing on any part of such
neighboring property at an elevation no greater than the elevation
of the first floor of the dwelling thereon.

ARTICLE II

MEMBERSHIP AN) VOTII‘IG RIGHTS IN ASSOCIATION

Section 1. Qualifications and Voting. Every Owner of a

Condominium shall be a Member of the Association. Membership
shall be appurtenant to and may no: be separated from ownership
of any Condominium. Each Owner is obligated promptly, fully and
faithfully to comply with and conform to the Articles and By-Laws
and the rules and regulations adopted thereunder from time to time
by the Board and officers of the Association. Membership in the
Association shall not be transferred, pledged or alienated in any
way, except upon the sale or encumbrance of the Condominium to
which it is appurtenant, and than only to the purchaser. in the
case of a sale, or Mortgagcc, in the case of an encumbrance of
such Condominium. Any attempt to make a prohibited transfer is
void. In the event the Owner of any Condominium shall fail or
refusa to transfer the nemhership registered in his/her name to the
purchaser of his/her unit, the Association shall have the right to
record the transfer upon its books and thereupon the old membership
outstanding in the name of the seller rnall be null and void.

The Association shall have two classes of voting membership:

 “Eh-—

1255 a
DKL- R- 4/9/80

Class A. Class A Members shall be all Ouners ofla Con-

dominium with the exception of Declarant, and shall be entitled
to one (1} vote for each Condominium owned. When more than one
person holds an interest in any Condominium, all such persons
Snall be Members. The vote for such Condominium shall be exer-
cised as they among tiemselves determine, but in no event shall
more than one (1) vote be cast with respect to any Condominium.

Class B. Class B Memberfls) shall be the Declarant and

shall be entitled to three (3)_votes for each Condominium owned.
'The Class B membership s1all cease and be converted to Class A
membership on the happening of any of the following events, which-
”I

ever occurs earlier.

(a) When the total votes outstanding in the Class

A membership equal the total votes outstanding in the Class B
membership: or

(b) On a date two years from the anniversary of

the original issuance of the most-recently issued public report
for a phase of the development; or

(c) On a date four years from the anniversary

date of the original issuance of the Subdivision Public Report
for the first phase of a multi-phased development.

(d) Cn January 1, 1982.

§ection 2. Comnon Areas. Except as otherwise provided

herein. the Association acting through the Board and officers
shall have the sole and exclusive right and duty to manage, oper-
ate, control, repair, replace or restore all of the Common Area
or any portion thereof, together with the improvements, trees,
shrubbery, plants and grass thereon, all as more fully set forth
in this Declaration of Restrictions, the Articles and the Ey-Laws.

Section 3. Rules. The Board shall have the right to adopt

reasonable rules not-i333nsistent with the prolisions contained in
this Declaration, and tt amend the same from time to time relating
to the use ot the Common Area and the recreational and other facil-
ities situated thereon ty Owners and by their tenants or guests,
and the conduct of such persons with respect to automobile park—
ing, outside storage of boats, trailers, bicycles and other ob-
jects, disposal of waste materials, drying of laundry, control of
pets and other activities which, if not so regulated, might de-
tract from the appearance of the community or offend or cause
inconvcnience or danger to persons residing or visiting therein.
Such rules may provide that the Owner of a Condominium whose oc-
cupant leaves property on the Common Area in violation of the
.u.

rules may be assessed after appropriate notice and an opportunity

Db'lluu

for a hearing before the Board and a two~thirds vote of approval

by the Board to cover the expense incurred by the Association in
'u‘

removing such property and storing or disposing thereof. The

Board may suspend the voting rights and right to use the recrea-
«I o .‘L‘RJ u-'_'

tional facilities located on the Common Area of a Member who is

in default in the payment of any assessment for any period dur-
"5+.

ing which such assessment remains unpaid, and for a period not
to exceed thirty (30) days for any infraction of its published
rules and regulations after reasonable written notice and an op-
portunity for a hearing before the Board.
'.
!I
.
Section 4. Entry for Maintenance Purposes. For the pur-
pose of pnrforminq the maintvnnncn of the Common Area or for any
oLhcr purpose reasonably related Lo the performance by the Board
of its responsibilities under this Declaration, the Association's
agents or employees shall have the right. after reasonable notice
to the Owner, to enter anv Living Unit. or upon any portion of the a
Common Area at reasonable hours: provided, however, there shall be
.i
no entry into a Living Unit without the Owner's consent, which con-
sent shall not unreasonably be withheld. When there is an entrance
into any Living Unit, such entrance shall be made with as little
inconvenience to the Owner as possible and any damage caused shall
be repaired by the Association.
 17 . . 1256
' DKL—R-4/9/ao
VI.

Section 5. g3_£;ability. In discharging their duties and

responSibilities, the Board acts on behalf of and as representative
of the Association which acts on behalf of and as representative of
the Owners, and no Member thereof shall be individually or person-
ally liable or obligated for performance or failure of performance
of such duties or respon;ibilities unless he fails to act in good
faith.

Section 6. Jain: Owner Disputes. The vote for each such

Condominium must be East as a unit, and fractional votes shall
‘ not be allowed. In the event that joint Owners are unable to
agree among themselves as to how their vote or votes shall be cast,
they shall lose their right to vote on the matter in question. If
any Owner casts a vote representing a certain Condominium, it will
thereafter be conclusively presumed for all purposes that he/she or
they were acting with the authority and consent of all other Owners
of the same Condominium.

A
_- ..__.._

“"31
ARTICLE g5;

New
COVENANT FOR vAInTENANCE ASSESSMENTS T0 ASSOCIATION
Section 1. Covenant to Pav AssesSments. The Declarant

new
for each Condominium owned within the project, hereby covenants
and each Owner of any Ccndominium by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed, is deemed to

"‘Wuvnuhib‘wasmmumukuw .uwpurmlaauhmm-ammwmm
covenant and‘agrees to pay to the Association: (1) regular assess-
ments, and (2) special assessments for capital improvements, such
assessments to be established and collected as hereinafter provided.
The regular and special assessments, together with interest, costs
and reasonable attorney's fees. shall be a charge on the Condominium
and shall be a continuing lien upon the Condominium against which
each such assessment is made, the lien to become effective upon
recordation of a notice of assessment. Each such assessment, to-
gether with interest. casts and reasonabl e attorneys' fees shall also
be the personal obligation of the person who was the Owner of such
Condominium at the time when the assessment fell due. The personal
obligation for delinquent assessments shall not pass to an Owner's
successors in title unless expressly assumed by them. No owner of
; a Condominium may exempt himself/lerself from liability for his/
j her contribution toward the commor expenses by waiver of the use or
, enjoyment of any of the Common Area or by abandonment of his Condo-
minium.

gettion 2. gu£:ose of Assessments. The assessments levied

by the Association shall be used exclusively to promote the recrea—
tion, health, safety and welfare of all the residents in the entire
project and for the improvement and maintenance of the Common Area
for the common good of the Project. .

Section 3. Regular Assessments. Until January lst of the

year immediately follofiing conveyance of the first Condominium to
E an Owner, the maximum annual regular assessment shall be 5 350-00
per Condominium.

g u:
(1) The regular assessment snall be based upon the
annual budget adopted as per Article IV, Section 13, Page 13.

(ii) From and after January lst of the year immediately

following the conveyance of the first Condominium to an Owner, the
9/

‘ :' maXimum annual regular assessment may be increased each year by not
more than Five percent (5 3) above the maximum assessment for
the previous year without a vote of the membership of the Associa-
'tion. I
‘1

.. ....._..... . 7.. ‘ .. .... :- ~ u‘

 , 1257
“h

DKL-R-4/9/BO
VA

(iii) From and after January lst of the year immediately

following the conveyance of the first Condominium to an Owner,
the maximum annual regular assessment may be increased more than
Five percent (5%) above the maximum assessment for the previous
year by the vote or written assent of fifty-one percent (51%) or
more of each class of Menmers of the Association.
._....__

The hoard may fix the annual regular assessment at an amount

not in excess of the maximum.

i: ‘-l , Section 4. Special Assessment. In addition to the annual

yfiregular assessments Eutharized above, the Association may levy. in
ifany assessment year, a special assessment applicable to that year L/
-: only for the purpose of defraying, in whole or in part, the cost
,‘Q " of any construction, reennstruction, repair or replacement of a
capital imp:ovement upon the Common Area, including fixtures and
personal property related thereto, provided that any such assess- 1..
1
ment shall have the vote or written assent of fifty-one percent 1‘
(51%) or more of each class of Members of the Association.
I
Section 5. Membership Approval. Any action authorized
under Section 3 or 4 above shall be taken at a meeting called for 1
that purpose, written notice of which shall be sent to all members 3
not less than thirty (30; days nor more than sixty (59) days in
advance of the meeting. A quorum for such meeting shall be fifty-
one percent (51%) of each class of members of the Association. If
the required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at
the subsequent meeting shall be one-half (1/2) of the required
quorum ‘or the preceding meeting. If the proposed action is favored
by a majority of the votes cast at such meeting, but such vote_is_;
less than the requisite fifty-one percent (51%), members who were

HA.) ...
not present in person or by proxy may give their assent in writing,
provided the same is obtained by the appropriate officers of the

r~.|“r.a ‘4...-
Association not later than thirty (30) days from the date of such
meeting.

.sJ.L
Section 6. Unigarm Rate. Both regular assessments and
special assessments shall be fixed at a uniform rate for all Con-
dominiums and may be collected on a monthly basis or otherwise as
determined by the Board. Any assessment not paid within thirty
‘UJ.’

(35) days after the due date shall be delinquent and shall bear
interest at the rate of six percent (6%) per annum from the due ;
date until paid. “,7W”, ”q _”",_m_ufl, ll ._
. “‘5
..
.‘Iu'u‘

Section 7. Commencement of Assessments. The regular as»

sessments provided for herein shall comnence as to all Condo-
miniums covered by this Declaration on the first day of the month
following the conveyance of the first Condominium to an Owner. _
E _ The Board shall determine and fix the amount of the annual regular
-_..,

: assessment against each Condominium at least thirty (30) days in’

advance of each annual assessment. Written no:ice of the annual
”

assessment shall be sent to every Owner subjec: thereto. The due

3.35:...

dates shall be established by the Board. The Association shall.

II) upon deman , . e charge, furnish a certificate
signed by an officer of the Association setting forth whether the
...f.‘« I.' u.”

assessments on a specified Condominium have been paid. A properly

executed certificate of the Association as to the status of assess-
:'-. P _.. _ _

ments on a Condominium is binding upon the Association as of the .

date of its issuance. ; -
I
Section 8. Enforcement by Lien. At any time after any 5 ’0 '
_‘_I"VI£!-fikif;3:;§._jh5-'..l055:1”“up,"

assessments levied by the Association affecting any Condominium g (—7 l 3

have become delinquent, the Board may file for recording in the £3./> ,
13!:

Office of San Diego County Recorder a notice of delinquency as

to such Condominium, which notice shall state all amounts which
have become delinquent with respect to such Condominium and the
E?
CD
costs (including attorney's fees) and interest which have accrued O:
thereon, the amount of any assessments relating to such Condo-
minium which is due and payable although not delinquent, a descrip-

. . :7-
 1258
DKL-R-4/9/80
VA

tion of the Condominium with respect to which the dalinquent as"

sessments are owed, and the name of the record or reputed record
Owner of such Condominirm. Such notice shall be signed by the
President or Vice President and Secretary or Assistant Secretary
of the Association. In the event the delinquent assessments and
all other assessments wrich have become due and payabe with re-
spect to the same Condominium together with all costs (including
attorney's fees) and interest which have accrued on such amounts
are fully paid or otherwise satisfied prior to the completion of
any sale held to foreclose the lien provided for in this Article.
the Board shall record a further notice, similarly signed, stating
the satisfaction and releasing of such lien. Immediately uP0“ re-
cording of any notice of delinquency pursuant to the foregoing pro~
visions of this Section, the amounts delinquent, as set forth in
such notice, together with the costs (including attorney's fees)
and interest accruing thereon, shall be and become a lien upon the
Condominium described therein, which lien shall also secure all
other payments and/or assessments which shall become due and pay-
able with respect to said Condominium following such recording, and
all costs (including attorney's fees) and interest accruing thereon.
Said lien shall continue for a period of one (1) year unless exfl
tended for a period of an additional year by the recording of a
written extension by the Association. when a notice of assessment
has been recorded, such assessment shall constitute a lien on each
respective Condominium prior and superior to all other liens; ex-
cept Ii) all taxes, bonds, assessments and other levies which, by
law, would be superior thereto, and (ii) the lien or charge of any
first Mortgage of record.

Section 9. Egryclosure. Each assessment lien may be fore-

closed as and in the'sane manner as the foreclosure of a mortgage
upon real property under the laws of the State of California, or
may be enforced by sale pursuant to Sections 2924, 2924(b), 7924(c)
and 1356 of the California Civil Code, and to that end a power of
.......

sale is hereby conferred upon the Association. The Association,

a...”

acting on behalf of the Condominium Owners, shall have the power

to bid for the Condominium at a foreclosure sale, and to acquire
.-__

_and hold, lease, mortgage and convey the same. Suit to recover a
money judgment for u1paLd assessments, rent and attorney's fees
shall be maintainable without foreclosing or waiving the lien se—
curing the same.

Section 10. Edgardinate to First Mortgage. The Lien of the

assessments provided for herein shall be subordinate to the lien
of any first Mortgage upon any Condominium. Sale or transfer of
any Condominium shall not affect the assessment lien. However,
the sale or transfer of any Condominium pursuant to judicial or
non-judicial foreclosure of a first mortgage shall extinguish the
lien of such assessments as to payments which became due prior to
u... ,. _ r.

such sale or transfer. No sale or transfer shall relieve such

Condominium from lien rights for any assessments thereafter be-
coming due. Where the uortgagee of a first Mortgage of record or
.Wrmu.-w..,_,.

other purchaser of a Condominium obtains title to the same as a

result of foreclosure, such acquirer of title, his/her successors
and assigns, shall not be liable for the share of the common ex-
IN penses or assessments by the Association chargeable to such Condo-
minium which became due prior to the acquisition of title to such
Condominium by such acquirer. Such unpaid share of common expenses
or assessments shall be deemed to be common expenses collectible
from all of the Condominiums including such acquirer, his/her suc-
cessors and assigns.
M. IUI.
M.

Section 11. Assessment for Taxes. In the event that any

taxes are assessed against the Common Area or the personal pro—
perty of the Association, rather than against the individual Con-
 0‘.

, 7 1259
' DKL-R-4/9/30
VA
dominiums, said taxes shall be added to the annual assessments and,
if necessary, a special assessment may be levied against the Con-
dominium in an amount equal to said taxes. to be paid in two (2)
installments, thirty (10) days prior to the due date of each tax in-
stallment. Assessments levied under this Section shall not be sub—
ject to the provisions of Section 3 of Article III.

Section 12. Enforcement by Suit. The Board may cause an

action at law to be commenced and maintained in the name of the
' " Association in any court of competent jurisdiction, including,
but not limited to, an action in a small claims court, to enforce
each such assessment obligation. Any judgment rendered in any
such action shall include the amount of the delinquency, :ogether
with interest thereon at the rate of six percent (6%) 9:? annum
from the date of delinquency, court costs, and reasonable attor-
neys” fees in such amount as the court may adjudge agr nst the
delinquent Owner (including Declarant).

. :aim-lwai‘
Section 13. Deposit. Upon acquisition of record title to
a Condominium from DecLarant, such Owner shall make a contribuw
tion to the capital of the Association in an amount equal to two
(2) times the amount of the regular nunthly assessment as deter-
mined by the Board. Said capital contributions ‘n‘ll be limited
to the first sales of Condominiums by Declarant and shall not ap-
ply to any resale of Condominium.

. .- z
Section 14. Assessment Certificate. A certificate exe—
cuted under penalty of perjury by any two (2) members of the

wean—Jam». . m .m‘audhau“
Board and acknowledged shall be conclusive upon the Association
and the Owners in fave: of any and all persons who rely thereon
in good faith as to the matters therein contained, and any Owner
(including Declarant) shall be entitled to such a certificate
setting forth the amou1t of any due and unpaid assessments with
respect to his/her Uni: (or the fact that all assessments due are
paid if such is the case) within ten (10) days after demand there-
for and upon payment of a reasonable fee, not to exceed Ten Dollars
($10.00), which may be fixed by the Board.

ARTICLE IV

POWERS AND DUTIES OF ASSOCIATION ,

Subject to other provisions of the Declaration and to the lim-

imamwmus . l...

itations of the Articles of Incorporation, the By-Laws and the

California Corporations Code as to action to be authorized or ap-
proved by the Members, all corporate powers shall be exercised by _
or under the authority of, and the business and affairs of the Asso;
ciation shall be controlled by, the Board. Without prejudice to
such general powers but subject to the same limitations. it is
hereby expressly declared that the Directors shall have the follow-
ing powers and duties.

Section 1. Eject Officers. To select and remove all ' 1

officers, agents and employees of the Association, prescribe su
powers and duties for them as may not be inconsistent with law,
the Articles of Incorporation, the By—Laws or the Declaration.
subject to the provisions of Section 3(b) of Article VIII of th:
.-

Dy-Laws, to fix their compensation.

'.
.:umgyzqmg-wgman,....-,..

Section 2. ggnagement and Control. To conduct, manage and

control the affairs and buSiness of the Association, and to make
such rules and regulations therefor not inconsistent with law, the
Articles of Incorporation, the By—Laws or the Declaration as they ‘3
deem best, including rules and regulations for the operation of the
'3

Common Area and facilities owned or controlled by the Association.

“john

‘1‘ '2" ‘ ' ‘ -- _.:.J.-r.":‘!’.: ' ' 2:: .

_———
 i - '
' 1250 nKL—R4/9/so
VA
Section 3. EEEECi a1 Office. To change the principal of-
fice for the transactior of the business of the Association from
one_location to another Jithin the same County: to designate any
place within the County of San Diego, State of California, for the
holding of any membership meeting or meetings and to adopt, make
and use a corporate sea], and to alter the form of such seal from
time to time as in their judgment they may deem best, provided,
such seal shall, at all times, comply with the provisions of law.

Section 4. jggai‘Indebtedness.‘ To borrow money and incur

indebtedness for the purposes of the Association, and to cause to
be executed and delivered therefor, in the corporate name, promis-
sory notes, bonds, debentures, deeds of trust, mortgages, pledges,
hypothecations or other evidences of debt and securities therefor,
with the vote or written assent of two-thirds (2/3) of the voting
power_of each class of Members of the Association.
u'

II.
I Section 5. Insurance. To obtain and maintain in force
i
I the following policies of insurance:

‘hgu‘
I (1) Master policy of condominium casualty insurance

hum;
covering fire and extended coverage insurance
i and any other perils that the Association shall
I
I
deem adv;sable on all improvements, buildings

.
and s:ruutures in the project, the amount of such

lug-i"
.- insurance to be not less than the aggregate full
i
insurable value, meaning actual replacement value
exclusive of the cost of excavating, foundations

N'flm-
and footings, together with an agreed value endorse-
ment and with such other coverage and amounts of
. .._._....______.

coverage and shall be required by Federal National

4-
Mortgzge Association and Government National Mort-
gage Association from time to time so long as Fed-
eral Nat_onal Mortgage Association or Government
National Mortgage Association is a mortgagee or
beneficiary under a deed of trust of a Condominium
15
-.——.--

within Project:
i
(2) Bodily injury liability insurance, with limits of
not less than $200,000 per person and $1,000,000
per o:cu:rence, and property damage liability in-
g
7 _
surance with a deductible of not more than $1,500
and a limit of not less than $500,000 per accident, i
;
3 ‘
‘"”"”W’W’ " insuring against liability for bodily injury, death
and property damage arising from the activities of i
the Asso:iation or with respect to property under
its jurisdiction.

(3) Fidelity insurance in the form of a bond in an amount

equal to one hundred and fifty percent (150%) of the

a5
‘ AssOCiation's annual assessments plus reserves dhich
names the Association as obligee and protects against
_. ._

misuse and misappropriation of Association property

w,- -.

by members of the Board, officers and employees of

the Association, and any management agent and his
a‘ II.- ... .31q

employees whether or not such persons are compensated

for their Services.

(4) Such other insurance, including errors and omissions

.mvu-m

cuvvlago for Officers and Directors indemnity and

other bonds, as the Board shall deem necessary or
expedient to carry out the Association functions as
set forth in the Restrictions, the Articles and the
By-Laws.
‘?

-10-
 4 1261
' ' DKI.-R- 4/9/80
VA

The liability insurance referred to above shall name as sep—

arately protected insureds Declarant, the ASSOciation, the Board,
and their representatives, members and employees, and the Associ—
ation Members (as a clais), with respect to any liability arising
out of the maintenance or use of any Common Areas or Recreational
‘”' facilities, if any, under the jurisdiction of the Association.
' ' Such policy or policies shall protect each of the insureds as if
each were separately insured under separate policies; provided,
however, that such poli:y or policies shall not require the insurers
to pay any amount in exzess of the maximum limits stated therein.

Every policy of insurance obtained by the Association. whether

or not required to be ootained pursuant to the provisions of the
Restrictions, shall expressly waive any and all rights of subroga-
tion against Declarant, its representatives and employees. and all
Association members.

The insurance premium on the policies provided by the Associa-

tion snall be a comnon expense to be included in the monthly assess- ';
I
ments levied by the Association, and the portion of such payments 1
necessary for the insurance premiums shall be held in a separate
account of the Association and shall be used solely for the payment

a car—sass“: magi. n’u -.-: .u-~rh t .ul'u‘.

of the premiums on the insurance policies as such premiums become
due.

§ection 6. gtjlities. To pay all charges for water, elec-

tricity, gas, and other utility services for the Common Area
and, to the extent not separately metered or charged, for each
Living Unit.

Section 7. Egymon Area. To manage, operate, maintain and

trepair the Common Area and all improvements located thereon, in-
cluding the restoratiOH and replacement of any or all of the build-
ings, structures or improvements which are part of the Common Area
at any time and from time to time as the Board may determine desir-
able or necessary; and to make capital expenditures for and on be-
half of the Associazion with the vote or written assent of a majority
E a." .I.-. I .m-

of the voting power of each class of Members of the Association.

““*““‘ Section 8. Eight of Entr . To enter onto any Exclusive

Use Area subject to the limitations>set forth in the Declaration.
-4

Section 9. Enforcement. To enforce the provisions of the

Declaration, the ArtiELes of Incorporation and By-Laws of the Asso- ;
ciation, the rules and regulations adopted by the Board and the ’
provisions of any agreement to which the Association is a party.

Section 10. gervices and Supplies. To contract and pay

for maintenance, gardening, utilities, materials, supplies and
services relating to the Common Area, and to employ personnel
utwmmumula ..I u a...

necessary for the operation and maintenance of the same, including

legal and accounting services; provided, however, that the terr of
any contract with a third person for supplying goods or services
to the Common Area or for the Association shall not exceed a term
of one (1) year unless a longer term is approved by a majority of
the voting power of each class of Members of the Association, ex-
cept that a contract mith a public utility company for materials
or services the rates for which are regulated by the Public Utilie
tics Commission may ascend a term of one (1) year no long as it
does not exceed the nlortuut term [or which t public uLiliLy will
contract at the regulated rate, a contract for prepaid casualty and/
"Pei-v-

or liability insurance policies may be for a term of not to exceed

three (3) years, provided that the policy permits short rate can- __‘
cellation by the Association and a management contract, the terms I :3
19$fltna..w

.0
“*e

of which have been approved by the Veterans Administration may ex-

"i .i'.

ceed a term of one (1) year. Anything contained herein to the con- /
trary notwithstanding, the Board shall not terminate professional ha :3;,
management of the Condominium Property and assume self-management 9 a? ' .'

é:
H .

3I .}
- :7
OD
a ~

I
I
.-

‘I-1
 g ‘ - '
1262'
l
DKLeR—4/9/so
VA

without the prior written approval of the Meitgagees holding

seventy-five percent (75%) or more of the first Mortgages on
Condominiums and any agreement for management of the Condo-
minium Property and any other contract providing for services
by the Declarant, shall be terminable for cause upon thirty
(30) days written notice, and without cause or payment of a
I ‘ ‘ termination fee upon ninety (90) days, or fewer, written notice
. and shall have a term of not more than three (3) years, renew-
able with the consent of the Association and the management
agent. No contract with the Association negotiated by Declarant
unreal...

shall exceed a term of one (1) year.

Sectiog_ll. Taxes. To pay any taxes and governmental

special assessments which are or could become a lien on the
Common Area or any portion thereof.

To initiate and execute disciv

u- .mLa‘mmucflmbdmmu.Av-mhn amvmma
Section 12. Disci line.
plinary proceedings 5§§inst Members of the Association for vio-
lations of the provisions of the Articles of Incorporation and
By-Laws of the “sacciation, the Declaration and the rules and
. regulations adopted by the Board.
._

Section 13. EESEEE' To prepare budgets and financial

statements for the Assccration as provided by the By—Laws. The
budget shall contain two parts. The first part shall be for op—
: erating expenses and shall include the estimate for the day to day
: costs of operation and maintenance. The seccnd part shall include
reserves for items of repair and maintenance that are major items
and, although not made every year, money must be accumulated each
year to insure sufficient funds when these repairs and maintenance
are necessary. The original budget includes the following items
as reserves:

. Alterations
who-NH

. Painting
. Roof Replacement
. Recap and seal coating
. Inflation Reserve

The Board shall maintain the integrity of the budget oy main-

taining reserves for tie items set out above and these reserves
. shall not be used for operating expenses nor shall operating funds
“in"

' be used to pay for an espediture covered by a reserve. Reserves

for a specific item shall only be expended for that particular
item.
1......

§ection 14. Notice of Default. Upon the written request .

of the holder of any'?irst Mortgage encumbering any Condominium. 3
to notify the same in writing of any default by the Owner of such.‘ u: ;l
Condominium in the performance of the Owner‘s obligations under 0 I {,
the Ey-Laws or the Declaration which is not cured within thirty ' / v
(30) days. . \‘It; 7
v-

ystice of Taking. The Association shall give, ' e3 13 y}

r---- emu-n‘ncv

Section 15.
if required by the Federal Home Loan Mortgage Corporation or Fed- :9 | '.
eral National Mortgage Association. notice in writing at the ad- C” ‘
dresses to be supplied to the Association by Federal Home Loan
Mortgage Corporation for that organization and Federal National
Mortgage Association for that organization of any loss to or
p.11"! \wu. n

taking of any unit or the Common Area owned by the Association

and/or its members if such loss or taking exceeds $10,000.00, and
of any demage to a Living Unit if such damage exceeds $1,000.00.

Section 16. Notice of Damage. To give timely written no-

tice to all first Mortgagees of any substantial damage to or des-
truction of any Living Unit or any part of the Common Area and,
if any Living Unit, or any portion thereof, or the Common Area,
or any portion thereof, is made the subject of any condemnation
or eminent domai: proceeding or is otherwise sought to be acquired
by a condemning authority, to give timely written notice to all
first Mortgagees of any such proceeding or proposed acquisition.

.7 -12-
 LA-UV

’ ' DKL-R-4/9/80
VA

Section 17. Defense. To prosecute or defend, in the name

of the Association. ary action affecting or relating to the Com-
mon Area or the property owned by the Association, and any action
in which all or substantially all of the Owners have an interest.

Section 18. Delecation of Powers. To delegate any of its

powers hereunder to others, including Committees, officers and
employees.

‘ Section 19. Employment or Agents. To employ the services

of any person or corporatiOn as Manager, and other employees, to
manage and conduct the business of the Association, and to the ex-
tent not inconsistent with the lows of the State and upon such
‘ conditions as are otherwise deemed advisable by the Association,
to delegate to the Mama er any of its power;; provided that any
A3gTEEmEfiE'T8E‘mEfiEgEfiEH%7§?EE§Efi§Tfii?EE’as Manager shall not ex-
ceed one year, renewable by agreement of the parties for succes-
sive one year periods and shall be terminable by the Association
for cause upon 30 days notice.

I. amt .-
Section 20. Rules. To adopt, amend and repeal rules and
, regulations known as_?HE"“Rules", governing, among other things,

um‘
use of any Common Area: under the jurisdiction of the Association.
5 Said Rules may restrict and govern the use of Common Areas by any

and
Owner, by the family of such Owner, or by any invitee, licensee or

.:u
lessee of such Owner: provided, however, that with respect to use

.
of such Areas. the Rules may not discriminate among Owners. Said
Rules may also include parking restrictions and limitations, limi-
tations upon vehicular travel, restrictions on the type or types

4-;‘3‘1 .15.
of vehicles which may be permitted to use such Common Areas, archi—
; tectural controls and restrictions on the maintenance of landscaping
: or other improvements on any property which obstruct the vision of
motorists or which create a hazard for vehicular or pedestrian trafr
fic.

“~‘Hu
Section 21. Maintenance Contract. To enter into a main-
tenance service contract with any person, corporation or other .
entity for the maintenance of the Common Area, including materials
HA.

and/or services for the Common Area or the Association, provided

5..

that any sucn contract shall be for a period of one year, renewable
by agreement of the parties for successive one year periods and any
..

such contract shall be terminable by the Association for cause upon

m...

30 days notice..u.m__u,,_.,,wfim _”
.lrb-¢ ‘-

Section 22. Restrictions on Powers of Association. The Asso-

ciation shall be prohibited without the vote or written assent of a
- majority of the voting power of the Association residing in members
rm

3 . other than Declarant fron paying compensation to members of the govern-

u... ‘Mafll‘tl—n

f _ ' ing body or to officers of the Association for services performed in

the conduct of the Association‘s business: provided, however, that
the governing body may cause a member or officer to be reimbursed for
expenses incurred in carrying on the business of the Association.
.—--IH.
..
,l
-.

1
AA...-

ARTICLE V
.

USE OF LIVING UbITS AND COMMON AREA AS DESCRIBED IN

CONDOMINIUM PLAN

Section 1. Single Family Residential Use. Each Living

Unit shaIl be improved, used and occupied for private, single-
family dwelling purposes only, and no portion thereof nor_the

-13-
 1“” DICL-R—i/Wtu
' VA

ercial purpose whatsoever,

Common Area shall be used for any conm
any of the Living Units owned
provided, however, Declarant may use
l homes and sales offices during that period
by Declarant as mode
are first sold or offered
of time commencing when the condominiums
ic and endin g when all the condominiums in the
for sale to the publ to separate owners there-
Decla rant
project are sold and conveyed by
sale of the first condomin-
.‘

of or three (3) years from the date the

-
ium in the project, whicrever shall first occur.

Section 2. Animals. No animals or birds shall be main-

exclusive use areas unless
tained on any property within units and ls
authorized by the Board and, it authérized by the Board, no anima
or yard pets,
or birds, cther than generally recognized house
a maximu m of two of any one kind, sha ll be maintained on
limited to
and then only if they are kept, bred, or
any property within units ercial pur-
not for comm
raised thereon solely as domestic pets and bird shall be
l or
poses. If allowed by the Association, no anima
of noise, or to become a
allowed to take an unreasonable amount
ture for the care,
nuisance. If allowed by the Association, no struc
ined so
mainta
housing or confinement of any animal or bird shall be
Upon the written re-

'Iou
as to be Visible From Neighboring Property.
Owner , the Board shall conclu sively determine in its
quest of any
es of this Para-

D
wheth er, for the purpos
sole and absolute discretion

n.
ally recognized house or
graph, a particular animal or bird is gener

.‘I
of animals or birds
yard pet, or a nuisance, or whether the number

“3..
The Board shall have the power
on any each property is reasonable.
except that
to prohibit pets or allow them in any amount desired

,
..
not be allowe d in excess of the amount s set out above.
they shall

.wé..-J| .
Section 3. éntgnnas. No Antenna or other device for the
other form
transmission or reception of television signals or any ined
of electromagne tic radiation shall be erected, used or mainta
re or other-
outdoors, whether attached to a building or structu

«v.6
wise, by any unit owner.

Section 4. Utilit Service. No lines, wires or other de—

current or
vices for the co.uunTEEEion c- transmission of electrics, shall be
signal
pewer, including telephone, television and radio
upon any units or com-
erected, placed or mainzained anywhere in or
in conduits or cables
mon area unless the same shall be contained
under or on
installed and maintained underground or concealed in,
buildings or other struzturos approved by the Board.

Improvements and Alterations. No improvements,

Seetion S.
tion or other work which in any way alters the exterior ap-
excava
improvements
pearance of any property within common areas or the
existing on the
located thereon from its natural or improved state
proper ty was first conveyed in fee by Declar ant to a Pub-
date such
is later, shall be
lic Purchaser or annexed to Project, whichever
made or done.

Section 6. Trailers, Boats and Motor Vehicles. No mobile

home, trailer of any kind, truck, camper, permanent tent or simi-
lar structure, or boat, shall be maintained, constructed, recon-
structed or repaired nor shall any motor vehicle be constructed,
reconstructed or repaired, upon any property or street‘(puhlic or
private) within any common area in such a manner as will be Visi-
ble From Neighboring Property; provided, however, that the provi-
«uh-

SLons of this Paragraph shall not apply to emergency vehicle re-

pairs. The Board may designate an area for the storage or main-
fl-JII

tenance or repair of mobile homes, trailers, trucks, campers and

boats. The Associaticn shall have the right to make such rules
and allow or disallow any activity that the Board in its discretion
may decide. i/.° if

Section 7. Eyisances. No rubbish or debris of any kind

shall be placed or permitted to accumulate upon or adjacent to
'aj/
any units or common area, and no odors shall be permitted to arise to .
O: I.

-14..
 1265 oKL-n4/9/au
VA

therefrom, so as to render any such property or any portion there-

of unsanitary, unsightly, offensive or detrimental to any other
property in the vicenity thereof or to its occupants. No nuisance
shall be permitted to exist or operate upon any such property so
as to be offensive or detrimental to any other property in the vie
cinity thereof or its occupants. without limiting the generality
of any of the foregoing provisions, no exterior speakers, horns,
whistles, bells or other sound devices, except security devices
used exclusively for security purposes, shall be located, used or
placed on any such preperty.

Section 8. Repair of Units. Each owner shall have the

right, at his sole cage and expense, to maintain. repair, paint,
paper, panel, plaster, tile and finish the interior surfaces of
the ceilings, floors, window frames, door frames, trim and peri-
I
meter walls of the Livtng Unit, and the surfaces of the bearing i
walls and partition; located within the Living Unit. Said owners
shall have the right to substitute new finished surfaces in place
of those existing on said ceiling, floors, walls and doors of said
Living Unit. . i.-
Sectiunfig. Trash Containers and Collection. No garbage :
or trash shall be placcd or kept on any property within common
areas except in covered containers of a type, size and style
4
which are approved by :he Board. In no event shall such con-
tainers be.maintained so as to be Visible From Neighboring Pro—
perty except to make tie same available for collection and, then f
é
only the shortest time reasonably necessary to effect such col- 4
lection.

1!a
1‘

Section 10. Clothes Drying Facilities. Outside clothes

i
line or other outside—facilities for drying or airing clothes

‘i
shall not be erected, placed or maintained on any property within
common areas unless they are erected, placed and maintained as
directed by the Association.
i
Section 11. Machinery and Eouipment. No machineiy or
e uipment of any kind—shall be placed, operated or maintained i
upon or adjacent to any unit except such machinery or equipment
as is usual and customary in the County and State in which the ig
Project is located, in connection wit? the use, maintenance or
construction of a private residence or appurtenant structure. l
Section 12. Qiseases and Insects. No Owner shall permit
any thing or condition to eXist upon any property within a unit i

which shall induce, breed or harbor infectious plant diseases or

noxious insects. 1
3
.... . vI-I

‘ Section 13. gestrictions on Further Subdivision. No Con-

dominium shall be further subdivided or partitioned and no portion
less than all of any such Condominium, nor any easement or other
i
W-%y-w,h. "N. .fl...“

interest therein shall be conveyed by any Owner without the

prior
i
written approval of the Board and Mortgagee or Beneficiary
under
i
a Deed of Trust. 4
;
_ _ Section 14. §iflfl.' No signs whatsoever (including but not
limited to commercial, political and similar signs) which
are Visi-
ble From heighborin; P:operty shall be erected or maintained
on any
unit, building or common area except with the approval of the
Board as to design of the following:

(1) Such signs as may be required by 15w;

(2} A residential identification sign of a combined total

face area of seventy-two (72) square inches or less:
 1400 J‘JKL-R-I/‘J/OU
VA '

(3) During the time of construction of any improvement, one

(1) job identification sign not larger than eighteen
(18) by twenty-four (24) inches in height and width and
having a face area not larger than three (3) square feet:
and

‘1‘) A ”for sale" or "for rent" sign, of a reasonable type,.

size and appearance, which is similar to other signs
-J

customarily used in the County and State in which the

Project is located, to advertise individual parcels of
residential real property.

‘ Section 15. Declarant's Exemption. Nothing contained in

the Declaration shalfjirtonstrued to prevent the erectiOn or
maintenance by Declarant, or its duly authorized agents, of signs
necessary or convenien: to the development, sale, operation or

u-n
other disposition of property within Units, or the use of any Unit
as Declarant may from time to time designate as Model Units in con-

Inn-6“. ‘-
nection with the sale of Condominiums; provided, however, that such
uSe shall not be for a pe‘iod of more than three (3) years from the
date hereof, or the sale of all of the Condominiums, whichever shall
be the earlier.

uln-
Mineral Exploration. No property within Common

.
Section 16.

._ 1!. . -.-m ......

Area: shall be used in any manner to explore for or to remove any
water, oil or other hydro:arbons, minerals of any kind, gravel,
‘earth, or any earth substance of any kind.

Section 17. Rental. No Condominium Owner shall lease

-.ua_4.u
or rent its CondomifiIEfi_?5E'transient or hotel purposes. No Conv
dominiun Owner shall lease less than the entire Condominium. Any
lease agre ment shall provide that the terms of the lease shall be
subject in all respects to the provisions of this Declaration, the
By-Laws and rules of this Association and that any failure by the
,
Lessee to comply with the terms of such documents shall be a de-
~... . "J...“
fault under the lease. All leases shall be in writing.

. Any such tease whicr is either for a period of less than thirty
a... -‘-—-.a.u....-.

(31) days or pursuant to which the lessor provides any services nor-
mally associated with a rotel shall be deemed to be for transient or
tteifpurposes.’ - _

Section 18. Parking Spaces and Carports. No parking space

or carport shall be usec in such a manner that any such use inter- ,
feres with the parking of an automobile in such carport. No car- '
port shall be used for a living area, including but not limited to
sleeping quarters.
.
B‘MWWMn—L nun-u“...- u an

gegtion 19. Application for Approval of Improvements. Any

Owner, except the Declarart and its designated agents, proposing to
make any improvement of any kind whatever, excepting the replace-
ID1 ment of appliances and fixtures which require no structural changes
in the building, shall obtain the prior written approval of the
Board, shall apply for approval by delivering to such Board a writ-
ten application describing the nature of the proposed improvement
together with the following documents and information, in such num-
ber of copies as said Board may require:

5 (1) Floor plans of the affected property showing the lace"

mm mu .

tion of existing and proposed improvements;

{2) Drawings showing all elevations;

w]

(J) The Owner's proposed construction schedule.

"minimums

-16-
 a ' DKL-R-4/9/9U
VA

The Board may require that every written application for ape
proval in connection with any proposed improvement be accompanied
by an inspection fee to be paid to the Association in an amount
not to exceed $50.0C.

Section 20. Basis for Approval of Improvements. The Board

shall grant the requested approval only if said Board determines,
in its sole and absolute discretion, that:

(l) The Owner shall have strictly complied with the provi-
sions of Seetjon 19 of this Article;

(2) The proposed improvement conforms to the Declaration para-

ticularly to the requirements and restrictions of this
Section, and to the Rules in effect at the time the ap-
plication for approval was submitted:

(3) The proposed improvement is compatible with the standards

of the Projezt and the purposes of the Restrictions as to
quality of workmanship and materials:

(4) The proposed imnrovcment is compatible with the architec-

tural quality of the project and will not depreciate the
value of the prect. ~

Section 21. Form of Approval. All approvals given under

the foregoing Section 20 shall be in writing; provided, however,
that any such application for approval which has not been re-
jected within sixty (60) days from the date of submission thereof
to the Board shall be deemed approved. One set of plans as finally
approved shall be retained by the Board as a permanent record.

Section £2. Pioceeding with Work. Upon receipt of approval

from the Board pursuant—EE_§Ections 20 or 21 of this Article, the
Owner shall, as soon as practicable, satisfy all terms and condi—
: tions thereof and diligently proceed with the commencement and com-
pletion of all constructicn, refinishing, alterations pursuant to
_ 7 said approval; provided, rowever. such commencement shall occur, in
g all cases. within one _1) year from the date~of Such approval. If
g , the Owner shall fail to comply strictly with this Paragraph, any
; approval given pursuant to Sections 20 or 21 of this Article shall
3 be deemed revoked unless the Board, upon written request of the
Owner made prior to the expiraLion of said one (i) yvar period, ox-
tends the time for such commencement. No such extension shall be
ranted except upon a finding by the Board, in its sole and abso-
lute discretion, that there has been no change in the circumstances
.. . n .

under which the original approval was granted.

Section 23. Failure to Complete Work. The Owner shall in

any event complete the construction, reconstruction, refinishing,
WWWmI-«uvnuwflu

or alteration of any sach improvement within one (1) year after

I” commencing construction thereof, except and for so long as such
completion is rendered objectively impossible or would result in
great hardship to the Owner due to labor disputes, fires, national
emergencies, natural calamities or other supervening forces beyond
the reasonable control of the Owner or his/her agents. If the
' Owner fails to comply strictly with this Paragraph, the Association
shall proceed in accordance with the provisions of the following
Section 26 as though the failure to complete the improvement consti-
tuted a non-compliance with approved plans.
I'EIEL,

96133

-17-
-.

In;
.4
 ac...

' DKL—R-t/Q/ao
VA

Section 24. Inspggtion of Work. Inspection of work and

correction of defects therein shall proceed as follows:

(1) Upon the completion of any construction or reconstruc-

tion or the alteration or refinishing of the interior
‘ of any improvement, or upon the completion of any other
- work for which approved plans are required under this
Article, the Owner shall give written notice of comple-
tion to the Board.

‘I (2) within sixty (GU) days thereafter, the Board, or its

duly authorized representative, may inspect such im-
: , , provement to determine whether it was constructed, re-
~ constructed, altered or refinished in substantial com-
pliance with the approved plans. If the Board finds
that such const:uction, reconstruction, alteration or
refinishing was not done in substantial compliance with
the aPFIOVEd planS. it shall notify the Owner in writing
of such non-compliance within such sixty (60) days period,
specifying the particulars of non—campliance, and shall
require the Owner to remedy such non-compliance.

‘ (3) If upon the expiration of thirty (30) days from the

date of such notification, the Owner shall have failed
to remedy such non-compliance, the Board shall then set
. a date on which a hearing shall he held before it :egard- ;
i ing the alleged non-compliance. The hearing date shall
i be not more than thirty {30) days nor less than fifteen
(15) days after notice of non—compliance is given to the
Owner by the Board. Written notice of the hearing date
shall be given at least ten (10) days in advance thereof _
by the Association to the Owner, and. in the discretion !
of the Board, to any other interested party.
“it-

(4) t the hearing the Owner, the Board and, in the Board's
..-.

discretion, any other interested person, may present in- r

"‘ formation relevant to the question of the alleged non- j
compliance. After considering all such information, the T
‘ 5 Board shall determine whether there is a non-compliance
‘ and, if so, the nature thereof and the estimated cost of
coriecting or removing the same.

If a non-compliance exists, the Board shall announce its

ruling at tne conclusion of the hearing and. promptly
.‘d‘ ‘0”.

thereafter, shall direct the Owner in writing to remedy

. - or remove the same within a period of not more than forty- .
'five days from the date of announcement or the Board '
' ' ruling.

If the uwunr docs not comply with tho Board ruling within
I.” i such period or within any extension of such period as the
; Board in its discretion may grant, the Association, after
. approval by two-thirds (2/3) vote of the Board of Direc-
tors shall have the right, through its agents and employ-
ees, to either remove the non-complying improvement or
QMWMYW- .9". ..

remedy the nor-compliance. The cost of such actions by

the Association shall be added to and become part of the
assessment to which such unit is subject.
"-

-13-
 fl _ -_ 1269
f . ' orL-a-I/g/ao
VA
(5) If for any reason the Board fails to notify the Owner of
any non-compliance within ninety (90) days after receipt
of said written notice of completion from the Owner. the
improvement shall be deemed to be in accordance with
said approved plans.

5".5ection 25-» Cgmpletion Bond. The Association shall_have

the right to require a bond or other assurance that all work shall
be completed and that no lien shall attach to the common area.

Section 26. No Living Unit or improvements situated therein

shall 5e occupied or used for any purpose or in any manner which I’
shall cause such improvements to be uninsurable against loss by fire
or the perils of the extended coverage endorsement to the California
‘ Standard Fire Policy form, or cause any such policy or policies
representing such insurance to be cancelled or suspended, or the com-
pany issuing the same to refuse renewal thereof.

Section 27. Except as otherwise provided herein. the Common

Area shall be improved and used only for the following purposes:
il
(i) affording vehicular passage and pedestrian movement with-
in the condominium property. including access to the
Living Units;
i
1
i
(ii) recreational use by the owners and occupants of Living
Units in the condominium property and their guests,
i
subject to rules established by the Board:

(iii) beautification of the Common Area and providing privacy

to the residents of the condominium property through
landscaping and such other means as the Board shall deem
appropriate: i
(iv) parking of automotive passenger vehicles in areas pro-
vided therefor as may be designated and approved by
the Board by such persons, upon such terms and conditions
i and for suca fees as may from time to time be determined
by the Board;
1
»

’ (v) ~ as Exclusive Use fireas to_be used in the manner here-

3
-...

inafter dcszribed. Nothinguherein contained shall be

r... r.“- ”paws—a

deemed to allow persons other than the owner of a Living

Unit to which an Exclusive Use Area is appurtenant (or
his tenants ani licensees) to enjoy the use thereof.

1
Section 28. Each owner shall be legally liable to the Asso—
ciation for all damages to the Common Area or to any improvements
thereof or thereto, including but not limited to the buildings, rec-
Wuh.Mn—-..—..

reation facilities and landscaping caused by such owner, his licensee(5)

-..

or any occupancy of such owner's Living Unit as such liability may be

ll.»

determined under California law.

7.1m.”

Section 29. Each Exclusive Use Area shall be (i) appurten-

ant to the condominium and the Living Unit of which bear the same
-MMM*‘-mv

number as the Exclusive nee Area set forth in the Condominium Plan:
(ii) used only for the purposes set forth in this Declaration. The
right to so use an Exclusive Use Area shall be exercisable only by
the owncrts) of the condcminium appurtenant thereto and/or said
owncr(s), tenants and licensne(s). Conveyance of a condominium shall
affect conveyance of Exclusive Use Areas appurtenant thereto and
W

transfer of all rights thereto to the vested owner of the condominium.

Any 1icensee(s) thereto shall be terminated upon such conveyance. No
Exclusive Use Area or any right thereto (other than said revokable I
licenses) shall be transferred or conveyed apart from conveyante of
the condominium to which it is appurtenant. '

-19-
 1270

DKLrR- 4/9/80
VA

Section 30. Each owner shall have the following rights

with regard to the patio which he has the exclusive right to use:

(i) To place furniture and potted plants upon said area.

(ii) To landscape and plant flowers and shrubs which do not

nt
unreasonably interfere with the en30yment of adjace
Living Units and patios.
one (1)
Each owner shall have the right to park and store
automo tive vehicle in the Parking Area, if any, which
standard
he has the exclusive right to use.
potted
Each owner shall have the right to place furniture and
plants upon the balcony, if any, which he has the exclusive right
to'use.

Except as provid ed in this Section 30, nothing

contained herein
any owner the right to paint, decorate, remo del or alter
shall give
said Exclusive Use Areas or any other part of the Common Area without E
the prior written consent of the Board-
i
Section 31. Ne power equipment, hobby shops or car main- §
ed on the real
tenance (other than emergency work) shall be permitt
property except with prior written approva l of the Board. Approval 3
to .
shall not be unreasonably withheld and, in deciding whether air i
grant approval, the Board shall consider the effects of noise,
pollution,dirt or grease, fire hazard,
television reception, and similar objections.

ARTICLE VI
interference with radio or

5 g

3
RESPONSIBILITIES OF OWNERS
3'
Section 1. Each owner of a condominium shall be responsi-
ble.for the maintenance and repair of the glass doors and windows
enclosing his/her Liviag Unit, the interior of his/her Living Unit,
'"and all appliances whether "built—in“ or freestanding within the
Living Unit, the interior surfaces of the Living Unit, and shall
also be responsible for the maintenance and repair of the plumbing
electrical and heating systems servicing his/her Living Unit and
located within the outside perimeter of the exterior bearing walls
:<
thereof, including_televi5ion cable equipment and connections, and
1 all appliances and equipment located in said Living Unité _Eag§,
I
1 owner shall also be respg;§ihl§.jgx_;hg maintenance and re ' '
ne atiosbalconies and store e areas ' ‘ ex-
cluSive ri ht to use. yincludin the interior
ences and rai ‘ and shall make repairs in such
manner as shall be deemed necessary in the judgment of the Board to
preserve the attractive appearance thereof and protect the value
........ . “an...

thereof. The Association shall maintain and repair all Parking

Areas which are Exclusive Use Areas. Each owner hereby grants
easements to other owners to enter onto each condominium, or to
a».

have utility companies enter onto each condominium to repair the

-
plumbing, heating and electrical systems located thereon, subject
mat-JI-

to the limitations on entry into any Living Uni: set forth in

Article II, Section 4.
.

Wm...
,..

No owner may sell, assign, lease or convey

' Tint-«a a.

Sectign_3.
(i) his7fier interest in the Common Area separate and apart from
his/her living unit, nor (ii) his/her interest in any Exclusive
Use Area separate and apart from his/her interest in the Common
Area and his/her Living Unit.
’s’
~fil

-20-
'co33to“3/1
co
 1271
DKL-R-4/9/80
VA

ARTICLE VII

COMRON AREAS PERMITTED USES,

CONSTRUCTICN AND ALTERATION OF IMPROVEMENT

Section 1. The Association shall have a right and easement

over, under, upon and across the Common Area for the purpose of
planting and maintaining grass, flowers, shrubs, trees and irriga-
tion and other landscaping appurtenances, and for the purpose of
—r’

maintaining fences and retaining and other walls, utility transmis-

sion facilities (including television cables), antennas for recep-
tion of television signals or other forms of electromagnetic radia-
tion, sidewalks, paths and steps, directional signs, lighting facili-
ties and any other appurterances permissible by law and not prohibited
by existing easements. Any portion of the Common Area designated for
.____.__.__

parking and any plot plan or other instruments submitted to the City
or Caunty within which the project is located shall be used for park-
ing motor vehicles and for no other purposes.
._...__..

Section 2. Restrictions on Change. The right and easement

to the Common Areas sha;1 he held, maintained and used by the Asso-
ciation to enhance Owners' enjoyment of the natural environment of
Project and for no other purposes. No improvement, excavation or

‘-‘
work which in any way alters any Common Area fron its natural or ex-
isting state on the date such Area was transferred to or otherwise

-
came under the jurisdiczion of the Association shall be made or done

ww—u-Llnmuo
except upon strict compliance with and within the restriction and
limitations of the following provisions of this Section.

Section 3. Limitation on Construction. No person other

than the Association or its duly authorized agents shall construct,
reconstruct, refinish, alter or maintain any improvement upon. or
shall make or create any excavation or fill upon, or shall change
'

the natural or existing drainage of, or shall destroy or remove any

tree, shrub, or other vegezation from any Common Area excepting
therefrom all exclusive us: areas.

The Association may, at any time, as to any Common Area:

(1) Reconstruct, replace or refinish any improvement or por-

tion thereof upon any such Area (to the extent that such
work is not done by a governmental entity, if any, re-
sponsible for the maintenance and upkeep of such Area).
in accordance with the plans filed by Declarant with the
Board pursuant to the following Section 4.

(2) Construct, reconstruct, replace or refinish any road im-

provement or surface upon any portion of such Area used
as a road, driveway or parking area;
"a“..- .

(3) Replace injured or diseased trees, shrubs or other vege-

tation in ary such Area, and plant trees, shrubs and
other vegetation to the extent that the Association deems
.uA ..

necessary for the conservation of water and soil or for

-
aesthetic purposes; and
WMJténu-a-m

(4) Place and maintain upon any such Area such signs as the
Association may deem apprOpriatc for the proper identi-
fication, use and regulation thereof.

Section 4. Egglarant's Plans and Specifications. Declarant

o
shall from time to time file with the Board such plans and specifi-
cations as it may have in its possession for the purpose of main“
taining a permanent record of improvements constructed on any Common
1H

Areas.
 DKL-E1-4/9/80
VA

Section 5. Owner's Easement of Enjoyment. Every owner

shall have a right and easement of ingress to and egress from
and enjoyment of the Common Areas, except as to Exclusive Use
Areas as shown on the Condominium Plan and reserved for the use
of specific units shown on the Condominium Plan, and such ease-
ments shall be appurtenant to and shall pass with title to every
condominium subject to the following provisions:

“' ZL~~ ' ‘(l) The~right of the Association to limit the number of
} guests of owners using the recreational facilities
located on the Common Areas.

(2) The right of the Association to establish uniform rules

and regulations pertaining to the recreational facili-
' ties located on the Common Areas.

(3) The right of the Association to suspend the voting rights a

I
V and right to use of any of the recreational facilities by r
I
! an Owner for any period during which any assessment against $
' his/her Dwelling Unit remains unpaid and delinquent: and
for a period nct to exceed thirty (30) days for any single
' infraction of Ey-Laws, Restrictions, Rules and Regulations
of the Assooiation provided that any suspension of such
voting rights cr right to use any facilities, except for
failure to pay assessments, shall be made only by the
Association after notice and hearing given and held in ac-
cordance with the By—Laws of the Association.

. ,-
(4) The right of Doclarant and its successors and assigns to-

Mum‘WHL
‘ gether with the employees. agents and representatives
[ thereof, to the non-exclusive use of the Common Areas,
other than exclusive use areas, and the facilities thereof,
in connection with the display and sale of residential
units within the project, which right Declarant hereby re-
“-0
serves; provided. however, that such use shall not be for
z a period of more than three (3) years from the date hereof,
‘

i or the sale of all the units within the aforesaid real

property, wiichever is the earlier; provided, further, ,
that no suc1 use by Declarant or its sales agents or repre- T
sentatives shaLl otherwise restrict the Owners in their
‘ “_ use and enjoyment of the Common Areas excepting exclusive
.-~weeyuse areas. '""'r‘" ””““ “

Section 6. Exclusive Use Areas. There are parking spaces,

patios, balconies and‘EESEage areas located within the Common Area
attached to or assigned to each Living Unit.. Said parking space,
.
....,._..__

patio. balcony and storage area are for the excLusive use of the
Owners of Living Units to which they are attached or assigned. These
areas are shown on the Condominium Plan marked Parking Spaces. 9 for
-
Patio and B for balcony and Stor for storage space.
--—-——

I Section 7. Dole ation of Use. Any Owner may delegate, in

n..-

accordance with the By-Laws his right of enjoymert to the Common

_ Areas and facilities to the members of his/her family, his/her ten-
-

..1 ants or contract purchasers who reside on the property.

W‘w‘A-uh—

Section 8. raiver of Use. No Owner may exempt himself/ner-

self from personal liahiiity for assessments duly levied by the Asso—
ciation, nor release the Unit owned by him/her from the lions and
charges hereof, by waiver of the use and enjoyment of the Common
Areas or by abandonment cf his/her Unit.
'M'

1
ARTICLE VIII I

PARTITION PROHIBITED

Each of the Owners of a Condominium. whether such ownership

is in fee simple or as a tenant-in-common, is hereby prohibited

-22-
 DKL-R—4/9/80
VA
'
rating such
r wa y se ve ring or sepa inium Pro-
he dom
or in any ot in the Con
from partitioning the othe r ownerships ye ars after
from any of (i) three (3)
OWnership sh owing that: er s a m
pt upon th e t which re nd en
perty, exce struction to the projec the p ro je ct has not be age
damage or de r thereto
e prio its dam prior to
t for its us to its state ection
thereof unfi b st a n tia lly rticle x. S
u ilt or re pa ired su the pr ov isions 0 f A te nc e in excess
reb or (ii) that be en in exis that
or dest ru ct io n,
Proje ct ha s onomic , an d
pl y, er (i ii) that the it is obsolete and unec '
4 ap years, that e more than a fifty per
of fifty (50} in aggregat restor
ho ld in g to repair or be owned
‘ . Owners Ar ea are opposed any Condominium shall
t in th e Co mm on
, th at if or as jo int ten—
' ' es
; pr ov id ed , however te na nt s in common
Proje ct nts as ju
more oo—tena be deemed to prevent a
by two (2) or g he re in sh al l
ants. nothin ch cc-tenant
s.
‘ een su
tion as betw

new
ATTORNEY
POWER OF
an irrevoca the
LS he reby granted nefit of all
The Assoc ia tion
P ro pe rty for the be '
minium '
ll the Condo e Th
torney to se when partiti
on 0 VII above.
s th er eo f pu rs ua nt to Article th e vo te or
Owner rty may be had ex ercised upon
P ro pe ma y be
dominium in grantee
torney here
i.
power of at in the ag by any two
t of O w ne rs holding Common Area ‘i
co ns en in th e
written st A
in te re h
) of the San Diego C
ounty,
thirds (2/3
bars of t
se in th e Office of
th e
lu
C
si
ou
ve
nt y Recorder,
ev id
f in fa
ence thereo ever, that
vo r of 3
ovided, how
ci
all be conc
of exer

any pe rs on
cate sh

attorney sha
ll no t ap
ith: pr
which certifi lying thereon in good fa to the Administrator 0
re pl y of America.
1
.2
nited States
said power of irs, an officer of the U i
Veterans Aff
a E
... .._.
W
STRICTIONS
SPECIAL RE prior
Without the
on Bo ar d Pow-'er. an d m ort-
tio ns _...——— ed s
Restric e trust de
__ __

S ection-— 1. -.._.—-—
of 75% of th the Owners Z
e holders ciation an d
inium Proiect
_’_.—-— th
y _
ns en t of th e_ hs so
fl , 7' " * .
w ri tt e n co e B oa rd ,
n the C on do m
' '
C on do miniums. th on , to ab an do or change,
gages on
or emissi Declaratio n,
_.,. .

ek , by ac t or th is eof,
may not se ate the Condominium Pla lation or enforcement ther ance or
n
to te rm in me of re gu erio r ap pe ar
or
don any sche or the ext
waive or aban the architectural design on Area.
l
to or the Co mm
pertaining Living Units
u..-

‘ of
maintenance the Board, or
No member of r, or to any
-—

imit.
Eiaoility L any Owne
.4

Section 2. ble to claimed

rsonally lia suffered or
shall be pe prejudice
".4

M anager , lo ss or th e Board,
{ the
rt y, fo r any damage, of th e A ssociation, of the A550-
- other p a
or omission
any act employees
tives of Board
on account of or any other representa ee, provided that such
‘
an ag er , C om m itt at io n as
the M ural ch info rm
II the Architect s upon the basis of su
ciation, or , ha faith.
1 ; the Manager acted in good
member, or d by him/her,
po ss es se
may be
ggTICLE x1
. - .

EA
OF TOMMON AR
CONDEHNATION
MF.~£n-a-r.-

RUCTION AND
DAMAGE. DEST the Common
an d D es tr uction Affectin destroyed
Egpa e is damaged or
Section 1. on Ar ea
n of the Comm
Area. If any portio , then:
her casualzy
By fire or ot

-23-

. )I .
‘ .
_fl
‘ a W.“
 (a) if

(1) the available insurance proceeds initially offered

or paid by the insurer do not exceed the sum of
Five Thousand Dollars ($5,000.00), such insurance
proceeds shall be paid to the Board; and
5
.(Z) “the cost of repairing gr rebuilding does not evceed
q,r,‘,‘; ., the amount or available insurance proceeds by more
than Five Ihousand Dollars ($5,000.00),
._______.,____«J_s

then the Board shall thereupon contract to repair or re—

build the damaged portions of the Comnon Area substan-
tially in accordance with the original plans and speci-
fications therefor. If the insurance proceeds are in-
sufficient to pay all of the costs of repairing or re-
building, the Board shall levy a special assessment on
all Owners, to be determined the same as the determina-
tion of a regular assessment share to make up any de-
ficiency:

(b) if the foregoing is inapplicable, then

(1) all insurance proceeds shall be paid to a bank or

trust company to be held for the benefit of the
Owners and their mortgagces and the holders of.
or under their sales contract, as their interests
shall appt r. The Board is authorized on behalf
of the aers, to enter into an agreement, consis-
tent with this Declaration, with such insurance
trustee, relating to its powers, duties and com—
pensation, as the Board may approve:

(2) he Board shall proceed under Section 2 and Sec-

tion 3 below.

Suction ’_. Partial Destruction. In the event of partial

destruction of_the herEiuabove described improvements on said pro—
perty, it shall be the duty of the Association to restore and re-
pair the same to its former conditions (including any damaged
Units, and any kitchen or bathroom fixtures initially installed
therein by Declarant. but not including any wall, ceiling or floor
decoration or coverings or other furniture. furnishings. fixtures
or equipment installed by Unit Owners in the Units and not covered
by the Association master insurance policy) as promptly as practi-
cable and in a la\ful and workmanlike manner. The proceeds of any
insurance written pursuant to Article IV Section 5 shall be made
available for such purpose and the Association or the Insurance
Trustee. as the case may he, shall distribute the proceeds of all
insurance policies to :he contractors engaged in such repair and
restoration in appropriate progress payments, subject to the prior
.

rights of beneficiaries of deeds of trust whose interest may be

s...

protected by said policies. In the event that the amount avail-

able from the proceeds of such insurance policies for such partial
-,....

reconstruction shall be inadequate, the Owners of individual Units,

by an affirmative vote of not
.Ww-m——

less than 513 of the members entitled

to vote, in person or 9y proxy at a duly constituted meeting, shall
determine whether the Board shall be authorized to proceed with
such partial reconstruction or not, and in the event of an affirma-
. . .

tive vote. a special assessment of the Unit Owners, with each Unit
ownership contributing a proportionate share to be determined the
.mmmmx M’musm.an.-..

same as the determination of a regular assessment share. may be

levied to provide the necessary funds for such reconstruction, over
and above the amount of any insurance proceeds available for such
3.1
purpose. In the event of a determination by the Owners that the
cost of such reconstruction would be so substantial that it would I 05'
Is l
not be in their best interests to proceed with same, the Owners I
shall proceed as provided in Section 3 hereof. £3
:93
.

e;
a: CI
9 .
-24-
.
i
 Section 3. Total Destruction. In the event of total de-
struction of the imprEQEEEHE_Efi_EEIE-?eal property, the Owners,
by said vote as set out in Section 2 above, shall have the autho-
rity to determine whether said improvements shall be rebuilt, or
Whether said real property shall be sold. In the event of a de-
termination to rebuild, the necessary funds shall be raised as
Provided in Section 2 hereof and the Board shall be authorized to
have Drapared the necessary plans, specifications and maps and to
execute the necessary documents to effect such reconstruction as
promptly as practicable, under the guidelines Set out in Section 2,
and in a lawful and workmanlike manner.

A certificate of the resolution authorizing such reconstruc-

tion where required shall be filed with the County Recorder within
six (6) months from the date of such destructions, and in the event
of a failure to record such certificate within said period, it ,
shall be conclusively presumed that the Owners have determined not - l
to rebuild said improvements. In the event of a determination not '
to rebuild. the Board shall be authorized to have prepared and to
file. as promptly as practicable, a corrected map converting said 3
real property into an unimproved parcel of land, which shall be I
offered for sale at the highest and best price obtainable, either

mun-.mn—
in its damaged condition or after damaged structures have been
razed. The not preceeds of such sale as set out above and proceeds.
if any, of insurance carried by the Association on said premises
shall be divided among the Units within Project as the fair market
value, at the time of the destruction of each Unit as determined by
an appraiser bears to the total fair market value of all Living
Units at the time of destruction and each Unit's share shall be
divided among the OWNERS of each individual Unit.

._..-v
In all cases above, the balance then due on any individual
Unit's contract of sale or encumbrance executed in good faith
and for value shall be fi:st paid before the distribution of any
...—._.4

proceeds to the Owner dhose Unit is so encumbered.

For Lhu purposes of Lhiu agreumunt “total dnntructiuu” means

any destruction requiring more than ninety (90) days to repair or
any destruction that renders all of the Units totally unusable for
their intended use.

Section 4. Partition. Six (6) months from the date of

any partial or total destruction, if a certificate of a resolu- .
tion to rebuild where required has not been filed of record as
hereinabove provided, or if reconstruction has not been actually
commenced within said period, the covenant against partition
hereinabove provided shall terminate and be of no further force
or effect.

Section 5. {irksEace. In the event of total or partial

destruction of said imprcvements, and in the event of a determina-
tion not to rebuild the same, fee title to the air space contained
or formerly contained within the Units as hereinabove described
shall be deemed to merge in the interest of each Owner in the Com-
mon Area as tenants in ccmmon with the remaining owners; provided,
-...._... n...

however, that if the provisions of this merger should be held to

be violative of the rule against perpetuities, said provisions shall 1
become void and be of no further effect twenty~one (21) years after
the death of the surv;vor of the following named individuals:
Ethel Kenn9dy. the wife of the former Attorney General of the United
States, and all their children in being at the time this Declaration
is recorded in the County Recorder's Office.
"Ll“—

Section 6. lggycnt Domain. In the event of a taking by

eminent domain of a part or all of the Common Areas, the award
for such taking shall be payable to the Association, which shall
represent the Owners named in the condemnation proceedings. Said

_-25- .
 1m 0
DKL—R— 4/9/30 I
i ' ' ' VA

award shall be utilized to the extent pessible for the repair.

restoration, replacement and/or improvement of the remaining Com-
mon Area. Any funds not so utilized shall be divided among the
Units as the regular assessment is divided among the units then
within Project and each Unit's share shall be paid first on the
balance then due on any individual Unit's contract of sale or en-
cumbrance executed in good faith and for value and then paid to
the Owners of each unit“

In the event of a taxing by eminent domain of all or a part

of a Unit, the award made for such taking shall be payable to the
Owner and its Mortgagee or Beneficiary under a deed of trust, if
any, as their interests may appear.'v"

ARTICLE XII

ENFORCEMENT

Section 1. The Association, Declarant or any Owner shall

have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by this Declaration.

Section 2. Failure by the Association, Declarant or any !

Cwner to enforce any provision of this Declaration shall in no
event be deemed a waiver of the right to do so thereafter. i
1 ARTICLE XI I I
z
f _ gaNERAL PROVISIONS i
E Section 1. Severubility. Should any provision in this
3 Declaration be void 0F"fi§fifiETTEValid or unenforceable in law
2 or equity by judgment or court order, the remaining provisions .
i ‘ hereof shall be and remain in full force and effect.

Section 2. Amandments. This Declaration may be amended

‘ , at any-time and from tine to time by an instrument in writing
' signed by seventy-five percent (75%) of the Condominium Owners,
any which amendment shall become effective upon the recording
thereof with the Office of the County Recorder of San Diego County, ;
California: provided, however, that no material change may be made
to this Declaration without the prior written consent of (i) seventy-
five percent (75%) or more of the Mortgagees of first Mortgages en-
cumbering Condominiums within the Condominium Property (based upon
one (1) vote for each such Mortgage): and (ii) so long as there is
a Class B membership in the Association, the Veterans Administration.
Notwithstanding the above or any other section of this Declaration, i
the percentage of the voting power necessary to amend a specific
clause or provision shall not be less than the percentage of affirma-
tive votes prescribed for action to be taken under that clause.

Section 3. Extension of Declaration. Each and all of these

covenants, Eofiditions and restrictions shall’terminate on December 31,
2010, after which date they shall automatically be extended for suc-
cessive periods of ten (10) years unless the Owners have executed and ;
recorded at any time within six (6) months prior to December 31, 2010, l
' or within six (6) months prior to the end of any such ten (10) year
period, in the manner required for a conveyance of real property, a
writing in which it is agreed that said restrictions shall terminate

. i ,
on December 31, 2010, or at the end of any such ten (10) year period.‘/
_
§ _ ' -26-: $3
M
-ah

I"
1'

.1
 DKL-R— 4/9/80
1277 VA

. Section 4. Litigation. In the event the Association, De-

” clarant or any Owner shall commence litigation to enforce any of
.«i

the covenants, conditions or restrictions herein contained, the pre-

vailing party in such Litigation shall be entitled to costs of suit
and such attorney's fees as the Court may adjudge reasonable and
proper. The "prevailing party" shall be the party in whose favor a
? final judgment is entered. .

-Section 5. EncroaChment Easements. The Owner of each Con-

dominium is hereby grEHEEa an easement over all adjoining Living
Units and the Common Area for the purpose of accommodating any minor
encroachments due to engineering errors, errors in original construc-
‘ tion, settlement or shifting of any building, or any other cause.
There shall be easements for the maintenance of said encroachments
as long as they shall exist, and the rights and obligations of Owners
shall not be altered in any way by said encroachments, settlement or
5

Shifting: Provided, however, that in no event shall an easement for

encroachment be created in favor of an Owner if said encroachment oc-
curred due to the willful miseonduct of any Owner. In the event any
portion of a structure on the Condominium Property is partially or
totally destroyed and then repaired or rebuilt, each Owner agrees
that minor encroachmenzs over adjoining Living Units or Common Area
shall be easements for the maintenance of said encroachments so long
as they shall exist.

Section 6. Special Responsibilities of Association. In

the event that the improvements to be installed by Declarant to
the Common Area have not been completed prior to the issuance by
the California Department of Real Estate of a Final Subdivision
i
Public Report covering the Condominium Property, and in the further 3
event that the Association is the obligee under a bond to secure
performance by the Declarnnt to complete such improvements, then if
such improvements have no: been completed and a Notice of Completion
filed within sixty (60) days after the completion date specified in -1...
the Planned Construction Statement appended to the bond, the Board
«mo.-

shall consider and vote upon the question of whether or not to bring
action to enforce the obligations under the bond. If the Associa-
A—--._... ..

tion has given an extension in writing for the completion of any

such improvement then the Board shall consider and vote on said ques—
tion if such improvemeits have not been completed and a Notice of
. CompluLinn filed withil thirty (30) days after the expiration of the
'4

I catcnsinn-period:“”ln the cVunt Lhat Lho Board dcturminvs not to _ . i

take action to enforce the obligations secured by the bond, or does

not vote on the question as above provided, then, in either such
event, upon petition signed by Members representing ten percent (10%)
of the total voting porer of the Association, the Board shall call
a Special meeting of the Members of the Association to consider the
i
question of overriding the decision of the Board or of requirin
g the 2
Board to take action on t1e question of enforcing the obligations
5
secured by the bond. Said meeting of Members shall be held not
' less than fifteen (15) days nor more than thirty (30) days followin
g
‘W'“—*“fi"

receipt of the petition, At said meeting a vote of a majority of

the voting power of the Members of the Aseociation, excluding
the
vote of Declarant, to take action to enforce the obligations under
the bond shall be deemed to be the decision of the Association,
and
the Board shall thereafte: implement the decision by initiatin
g and
pursuing apprOpriate action in the name of the Association.
ii

Section 7. Limization of Restrictions on Declar

. clarant is undertaking the work of construction of resideant. De-
: dominium dwellin ntial Con-
gs and incidental improvements upon the Condominium
_ Property. The completion of that work, and the sale, rental
and
r other disposal of said Condominium dwellings is essen
‘ tial to the
establishment and welfare of said Condominium Preperty
as a resi-
dential community. In order that said work may be completed and
said Condominium Property be established as a fully occupied
resi-
dential community as rapidly as possible, nothing in
tlis Declarai
tion shall be understood 0: construed to:
‘~T_
98133I 6
\A
'08

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 12 7 8 DKL—R-4/9/30 -
. VA
my '

rs
(a) Prevent Declarant, its contractors or subcontracto
from doing on tne Condom inium Proper ty or any Living
Unit, whatever is reasonably necessary or advisable
in connection with the completion of said work: or
ng,
(b) Prevent Declarant_or its representatives from erecti
maint aining on any part or parts of the
' ‘ 'constructing and
reason -
Condominium Property, such structures as may be
ss of
able and necessary for the conduct of its busine
inium
completing said work and establishing said Condom
ing of the
Property as a residential community and dispos
same in parcels by sale, lease or otherw ise; or

the Con-
(c) Prevent Declarant from conducting on any part of
said work,
dominium Property its business of completing
ship and
and of establishing a plan of Condominium owner inium
of disposing of said Condom inium Prope rty in Condom
dwellings by sale, lease or otherwise; or
signs on
(d) Prevent Declarant from maintaining such sign or
ary for
any of the Condominium Property as may be necess
the sale, lease or disposition thereof; previded, how-
not un-
ever, that the maintenance of any such sign shall
reasonably interfe re with the use by any Owner of his/her
Living Unit or the Common Area.
one or
So long as Declaranz, its successors and assigns owns
herein, Declarant,
more of the Condominiums established and described l
provisions of this
its successors and assigns shall be subject to the
Declaration.
J

Section 8. Owners’ Compliance. Each Owner, tenant or oc-

ions of this 3
cupant of a Condominium shall comply with the provis I
s, decisions and resolutions of the Associa-
Declaration, the By-Law I
1
tiOn or its duly authorized representative, as lawfully amended i
provisions,
from time to time, and failure to comply with any such 3
shall be grounds for an action to recover
decisions, or resolutions
sums due, for damages. or for injunctive relief.

§ection 9. yotices.rrhny Owner who encumbers his/her Con-

the
dominium shall furnistFE—KssoCiatiOn'thc name and address ofiation
the Assoc
Mortgages or Beneficiary under a Deed of Trust, and
Deed of
shall maintain such information in a book entitled ”Trust ee or
Condominiums". The Association shall report to such Mortgag
of such Con-
Beneficiary anv unpaid assessments due from the Owner
the
dominium at the same time as the Association makes demand of
payment of such assessme nt. Each Mortgage e
Owner thereof for the
or Beneficiary shall also be entitled to timely written notifica-
tion from the Association of any other default by its Owner-Trustor
in the performance of such Owner’s obligations under the terms and
provisions of this Declaration which shall not have been cured
within thirty (30) days after written notice to such Owner~Trus.or
by the Association speciEying such default, timely written notifi-
cation of any eminent domain proceedings and written notification
of substantial damage to or destruction of any unit or any part of
the Common Area.
'1 l
Section 10.
any Mortgagee,
Examination of Books. The representative of
BeneriEiEry , or other lender shall have the right i
to examine the books and records of the Association during reason-
able business hours. A copy of the audit required under Section
3.4 of the By-Laws shall be mailed to each lender within the time
a
limit prescribed in said Section 3.4 of the By-Laws.

Section 11. Meetings. Notice and Representation.

with
Each
l
Mortgagee or Beneficiary who has furnished the ASSOCiation
an address as set out in Section 9 above shall be given notice of
as
.all meetings of the Association membership on the same basis
members and shall be permitted to designate a representative to
attend all such meetings.
w-”—.

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DKL4R-4/9/BO
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.

Section 12. Annexation.

(a) rhe Condominium Property is the first phase of a

projected two (2) phase'5:age Condominium development.
tional phase is planned to be constructed The addi-
on Lot 2 of Concord Square
Unit No. 1 according to Map No. 9097 there
of, filed in the Office of
the Coun ty Recorder of San Diego County.

(b) If, within three (3) years

issuance by the California Department of of the date of the original
Real Estate of the most re-
cently issued Final Subdivision Publi
c Report covering a phase of the
overall development, Declarant should
develop the property described
above in Subsection (a), such additional
property may be added to and
included within the jurisdiction of the
Association by action of
Declarant without the assent of Memb
ers of the Association; provided,
however, that the developnent of the addit
ional lands shall be in ac-
-cord with the plan of development
submitted to (i) the Department of
Real Estate prior to the time a Final Subd
ivision Public Report is
issued in connection with the Condominium
Property. and (ii) to the
Veterans Administration. Said annexation may be accomplished
recording of a Condominiun Plan on the by the
property to be annexed and by
recording a Supplementary Declaration
of Covenants, Conditions and
Restrictions which annexes the property and
miniums therein to be members of the Asso requires Owners of Condo-
ciation and make new owners
subject to the original Covenants, Conditions
Square Unit No. 1.
and Restrictions, Concord
The obligation of annexed Condominium
dues to the Association and the right of Owners tc pay
such Condominium Owners to

velOpment. Prior to any annexation under this

provision, detailed
plans for the development of the prope
rty to be annexed must be sub—
mitted to the Veterans Administration,
and the Veterans Administration
must determinr that such detailed plans
are in accordance with the
general plan and so advise Declaran
t.

, (c) Subject to annexation of additional property as

forth above: set

(i) Dezlarant hereby reserves for the benefit of

and appurtenant to the Condominiums herein
-
after located on Lot 2 of Concord Square
Unit No. 1 according to Map No. 9097 thereof
and their respective Owners, nonexclusive ease-
meits to use the Common Area in the Condominium
Prope:ty pursuant to and in the manner set forth
in this Declaration to the same extent and with
the same effect as if each of the Owners of a
.‘ Condominium in said Lot 2 owned an undivided in—
teres: in the Common Area in the Condominium
Pr:pe:ty.

(ii) Deslarant hereby grants. for the benefit of and

appurtenant to each Condominium in this Condo-
mi1ium Property and their Owners, the nonexclu-
sive easement to use the Cannon Area in Lot 2
of Concord Square Unit No. 1 according to Map
thereof No. 9097, pursuant to the provisions of
and in the manner prescribed by this Declaratio
to the same extent and with the same effect
as
if each of the Owners of a Condominium in the
Condominium Property owned an undivided inter-
est in the Common Areas of the property so an-
nexed.

-29- . l
 -*«s-

wr ' 1230 Dim-R‘- 4/9/80

VA

The reciprocal cross-easements set forth herein

shall be effective as to said Let 2 of Concord
Square Unit 1, and as to the Condominium Pro-
perty only at such time as said Lot 2 of Concord
Unit No. 1, has been annexed by the recording of
a Supplementary Declaration of Covenants, Condi-
tions and Restrictions annexing said property by
Declarant and prior to that time the Condominium
property shall not be affecced hereby nor shall
the Owners thereof have such rights in the Common
Area within the Condominium Property.

(d) Upon the approval in writing of the Association, pur-

suant to‘a tw0athirds (2/3) majority of the voting power of its
Members. or the written assent of such Members, excluding the voting
power or written assent of Declarant (and the approval of the Vet-
erans Administration), the owner of any property who desires to add
it to the scheme of this Declaration and to subject it to the juris-
diction of the Association, may file of record a Declaration of An- ;
nexation.

. (ei This Section 12 of Article XIII shall not be amended

Without the written approval of Declarant attached to the instru-

a-
ment of amendment.

---—---
-—-—-.—..._.
v0

...—.....-A.

,.‘

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 j j ,. 1231
'

l.. " ‘

DKL-R-4/9/BO
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“‘1... Drum
~ , are

All agreements and determinations lawfull

- ciation in accordance y made by the Asso-
; with the voting percen
this Declaration or tages established in
in
the By-Laws, shall be
on all Owners of Con deemed to be binding
dominiums, their succes
sors and assigns.
. IN WITNESS WHEREOF, the
has executed this instrum undersigned, being De
ent the day and year firs clarant herein,
written. t hereinabove

Pawns CONSTRUCTION company

BY

President

BY I jiAZZa;¢¢.I lage52;4
#4124_ ;
Patricia Donahue,
STATE or CALiroaNIA Asst. Secretary
)
COUNTY OF Los An
) ss.
geles

_.-.....__.‘_._. .t...
On April 9_ 1930
, before me, the
Public in and for sai undersigned. a
d state, personally Notar
_ appeared. D‘xid K 'ym y
I. known to me to be the an
President, and
Patric
Kne
: e Eresnd
- ent
ia
the Assistant ESE-"tan ofaahue , known to me to be
...

the corporatio
n that executed the wit
to be the persons who hin instrument, known ,
executed the within to me “‘_M
the corporation therein instrument on behalf
named, and acknowled of
poration executed the ged to me that such
within instrument pur cor—
resolution of its Boa suant to its by-laws
rd of Directors. or a

WITNESS my hand and

official seal.

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