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Architectural and Landscaping
Guidelines
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- PURPOSE AND POLICIES.
The purpose of these Guidelines is to preserve and enhance the
beauty of the California Oakbrook Homeowners Association (the
“Association”) and to assist the members of the Association
(“homeowners”) with the design of their plans in an
effort to conform with the above goal. The Architectural Review
Committee (hereinafter referred to as “ARC”) shall
make decisions regarding any external change or alteration on
behalf of and for the good of the community as a whole. Any change
not specifically addressed or outlined in these Guidelines will
become a matter of reasonable discretion on the part of the ARC.
These Guidelines are intended to clarify any ambiguity in the
CC&R’s. In the event of a conflict between this document
and the CC&R’s, the CC&R’s shall take precedence.
- SCOPE. All exterior alterations, additions or changes to
any structure or to the landscape of any lot must be submitted
to the ARC for approval PRIOR to any installation or commencement
of construction.
- FAILURE. Homeowners who commence work prior to receiving
ARC approval will be fined. Further, improvements completed
prior to architectural approval are subject to removal at
the homeowner’s expense, if they are subsequently deemed
unacceptable by the ARC.
- DEVIATION. If architectural improvements have been constructed
or installed in a manner which materially deviates from the
plans that were approved, the ARC will make recommendations
for changes. If those changes are not completed within forty-five
(45) days, the matter will be referred to the Board of Directors
(the “Board”) to proceed with appropriate remedial
action in accordance with the CC&R’s.
- MEETING OF THE ARC.
The ARC will meet on a regular basis to review proposed plans
and make recommendations regarding the approval or denial of plans.
In addition, the ARC may review completed construction and landscaping
to ensure compliance with the CC&R’s and the Guidelines.
The ARC will also notify homeowners of corrections required and
refer unresolved matters to the Board for appropriate remedial
action in accordance with the CC&R’s.
- SUBMISSION OF PLANS.
All plans must be submitted as outlined below and must be approved
in writing PRIOR to the commencement of work. Plans that do not
contain all required information will be returned to the homeowner
for additional information.
- WHERE TO SUBMIT PLANS.
Mail your plans to the Association’s Management Company,
as follows:
Ross Morgan
15315 Magnolia Blvd., #212
Sherman Oaks, CA 91320
The Management Company will records receipt of your application
and forward all copies to the ARC chairperson.
- WHAT TO SUBMIT. All submissions
must be in writing on at least 8-1/2 x 11” paper and
be accompanied by a plot plan drawn to a reasonable scale.
Three complete sets of the application are to be submitted.
Plans should include a self-addressed stamped envelope with
sufficient postage for return of plans to you. Plans submitted
without a return envelope will not be considered.
Details to be noted on plans are as follows:
| a. |
The street address, tract and lot number,
owner’s name, telephone number. |
| b. |
Location of residence on lot. Include all relevant
dimensions. |
| c. |
Complete dimensions, including height, of the proposed
improvement. Show all dimensions on work to be considered,
distances between existing and proposed work and distance
of proposed work from property lines. Backyard landscaping
which at maturity will not extend over the top of your
fence does not require approval. No landscaping that
obstructs the view from another homeowner’s lot,
unless approved in writing by the affected homeowner,
will be approved. |
| d. |
Detailed description of materials to be used, including
color of material. Whenever possible, use brand names,
supplier sources and/or trade names. |
| e. |
Drawing showing applicable elevations (side view),
footings, etc. |
| f. |
Plotted location of sprinklers, drains, trees, shrubs,
fencing, patios, patio covers, walls, barbecues, pools,
spas. |
| g. |
Type and size of plants to be used, as well as heights
at maturity. |
| h. |
All water details (pools, spas, etc.) must be accompanied
by hard drainage system plan. |
- APPROVAL TIMEFRAME. The
ARC will have forty-five (45) days after receipt to approve
or disapprove plans. No work should commence until written
notice of approval is received.
- INSTALLATION OF LANDSCAPING.
- APPROVED PLANS. Upon receipt
of ARC approval, installation of improvements must be completed
within one hundred twenty (120) days from the date of notification.
- FRONT YARD LANDSCAPING.
Must be installed within 180 days after close of escrow.
- FENCING.
The following guidelines apply to all fencing within the community:
- No double fencing shall be constructed.
- No custom fencing shall be constructed without prior written
approval of the ARC.
- Wood fences and gates must be painted white; wrought iron
gates must be painted green to match existing fencing in community.
The following fencing material will not be approved: chain
link, poultry wire or other types of woven wire, including
plastic coated wire; aluminum or sheet metal; plastic or fiberglass;
reed or strawlike materials; rope or other fibrous strand
elements; picket fences; barbed wire.
- PATIO COVERS AND GAZEBOS.
- Acceptable material is wood, stucco or other material approved
by the ARC. The structure must be painted either white, the
color of the exterior stucco or exterior fascia trim.
- No aluminum, metal, plastic, fiberglass, cloth, composition,
shingle or screens may be used.
- MISCELLANEOUS GUIDELINES.
- Awnings. May be approved on an individual basis.
- Colors. All exterior additions or alterations must
match original builder color scheme or equivalent.
- Glass Tinting. Requests will be considered on an
individual basis. Mirror finishes in excess of 60% will not
be approved.
- House Numbers. Alteration to house numbering will
not be approved.
- Lighting. Exterior lighting must be low voltage (12V).
Higher voltage lighting will be approved if it is placed so
as not to create an annoyance to neighbors, as determined
by the ARC.
- Water Features. Pools, spas and related equipment
will be considered on an individual basis.
- Playground Equipment. Will be considered on an individual
basis and permitted if located unobtrusively, as determined
by the ARC.
- Rooftop Appliances. Not permitted, with the exception
of solar panels. Solar panels must be mounted directly of
the roof. Size and shape must be consistent with the roof
line. Color shall be as unobtrusive as possible and subject
to approval by the ARC.
- Screen Doors. Screens on the front door should be
in harmony with the design of the home. The ARC has the authority
to control the design of screen doors and to request removal
if deemed inappropriate. Screen doors must be approved by
the Architectural Committee prior to installation.
- Security Bars. Security bars visible from the exterior
on windows and doors are not allowed.
- Rain Gutters. Gutters and down spouts shall be of
metal construction. Color must match adjacent exterior fascia.
Metal gutters shall be maintained in condition that will not
detract from the exterior appearance of the home and should
follow the architectural lines of the home.
- Structure Additions/Modifications. All additions/modifications
must be consistent with neighborhood architecture and must
have signed neighbor comments statements from all adjacent
neighbors, including front and rear neighbors when appropriate.
- Dish Type Receiving Antennas. Effective January 1,
1996, Civil Code 1376 permits the installation of a video
or television antenna, including a satellite dish which has
a diameter of diagonal measurement of 36 inches or less and
which upon installation is not visible from any street or
common area. However, Civil Code 1376 specifically permits
the Association to impose reasonable restrictions on the installation
of such satellite dishes. Owners of satellite dishes which
have a diameter or diagonal measurement of 36 inches or less
must obtain written ARC approval prior to installation and
upon installation the satellite dish must not be visible from
any street or common areas.
- Raised Planters. May be brick, block stucco or other
material as approved by the ARC.
- Mailboxes. No alteration to the exterior of mailboxes
or the posts to which they are affixed will be approved.
- Holiday Lighting. Holiday lighting and decorations
must be removed thirty-one (31) days after the holiday.
- NEIGHBOR COMMENT STATEMENT.
A neighbor comment statement must be included with all applications.
Neighbors must be notified of all proposed improvements. This
includes all adjacent properties from which the improvement would
be visible. It is the intent of the ARC to consult neighbors on
any improvements which may impact the use and enjoyment of their
property. Neighbor approval or disapproval shall be advisory only
and shall not be binding in any way on the ARC’s decision.
A view waiver statement, in necessary, shall be submitted in addition
to the neighbor comment statement.
- OBJECTIONS.
Objections from immediate neighbors should be directed in writing
to the Management Company for consideration by the Board.
- APPROVAL.
- MEANING OF APPROVAL. Approval by the ARC does not
constitute approval by the City of Thousand Oaks, nor does
approval by the City of Thousand Oaks constitute approval
by the ARC. ARC approval means only that the plans have been
reviewed for consistency and compliance with ARC guidelines.
- NO LIABILITY. The ARC, the Board of Directors, all
members of the Association, homeowner or developer, shall
not be responsible or liable to anyone in any way for any
defect in any improvements constructed in accordance with
plans and specifications approved by the ARC, or for any reason
of mistake in judgment, negligence or nonfeasance arising
out of the approval or disapproval or failure to approve any
plans.
- DISAPPROVAL. Approval of any plans may be withheld
due to noncompliance with the CC&R or reasonable dissatisfaction
of the ARC with the plan, color scheme, finish, design, proportions,
shape, height, style of the proposed plans and /or the materials
used therein. In addition, any other matter or thing which,
in the opinion of the ARC, renders the proposed plans inconsistent
with the Guidelines.
- REMEDY. If a homeowner fails to remedy any noncompliance
within sixty (60) days from the date of notification, management
shall notify the Board in writing of such failure. Upon Notice
of Hearing, the Board shall determine whether there is a noncompliance
and, if so, the nature thereof and the estimated cost of correcting
or removing the same. If a non compliance exists, the homeowner
shall remedy or remove the same within a period of not more
than forty-five (45) days from the date that notice of the
Board ruling is given to the homeowner.
- APPEAL PROCEDURE.
In the event of an adverse decision, the applicant may request
an appeal to the Board. The appeal must be submitted in writing
to the Board through the management company within thirty (30)
days of the ARC decision. The Board shall consider such appeal
in the executive session of its next regularly scheduled meeting.
The Board shall render its written decision within thirty (30)
days following such meeting. Failure of the Board to render a
decision within this time frame shall be deemed a decision in
favor of the applicant.
- IMPROVEMENTS NOT REQUIRING APPROVAL.
- REPAINTING. Repainting or restaining of the exterior
surfaces of any structure, including the dwelling, in the
original colors shall not require ARC approval. Any change
in the original color scheme will require approval. Requests
for a color change must be submitted with a neighbor comment
statement.
- PREVIOUSLY APPROVED ITEMS. Replacement or reconstruction
of previously approved improvements does not require subsequent
approval; provided that such replacement or reconstruction
does not deviate from the originally approved improvement.
- MAINTENANCE AND REPAIR.
- EXTERIOR STRUCTURES. All exterior surfaces of all
structures including the dwelling must be maintained structurally
and be kept well painted and/or stained. Peeling, flaking
or deteriorating paint must be attended to promptly.
- DRIVEWAY. Driveways are to be swept and kept clean
and free of oil and rust stains. No oil pans, cardboard or
carpet may be placed on the driveway.
- WINDOWS. Windows may not be covered with aluminum
foil, newspapers or other material not designed for use as
a window cover, provided, however, that for a period not to
exceed sixty (60) days following the date on which the residence
is conveyed to homeowner, the homeowner shall be entitled
to cover windows with plain white sheets pending installation
of drapes, curtains, shutters or other appropriate window
coverings.
- UNSIGHTLY MATTERS. All weeds, dead plant material,
rubbish, debris and unsightly objects or material of any kind
shall be regularly removed from the property and shall not
be permitted to accumulate upon the property. Trash, garbage,
rubbish and other waste shall be kept only in sanitary containers.
All service yards or storage piles on any portion of the property
shall be enclosed or fenced in such a manner that such yards,
areas, containers and piles will not be visible from any neighboring
property or street.
- TRASH CONTAINERS. Trash containers must be located
out of view from any street except when put out for pick up.
Trash receptacles shall not be placed curbside until the evening
before pick up. Containers shall be promptly removed from
the curb within twenty-four (24) hours after pick up.
- SIGNS.
| a. |
Alarm/security signs are permitted, provided
that they are placed to limit public view (adjacent
to approach or entryway) and are unobtrusive from street
or adjacent lots. |
| b. |
Signs promoting business, except those representing
the sale or lease of the property upon which they are
placed, are prohibited. |
| c. |
“For Sale” and “For Lease”
signs shall be staked signs (no posts) and placed on
the front landscaped area of the home. The sign shall
state “For Sale” or “For Lease”
with broker name and phone number, or “For Sale
by Owner” or For Lease by Owner” and phone
number. Nor more than two sign riders may be added to
the staked sign. Open house signs are permitted during
open house activity. |
| d. |
Warning signs, such as “Beware of Dog”
are permitted, provided they are attached directly to
the gate(s) where the dog, would be located and are
not larger than necessary for warning. |
| e. |
Signs promoting recent home improvements are to be
removed thirty (30) days after completion of said improvement. |
| f. |
Occupant identification (surname) signs are permitted,
provided they are attached to the front door and are
kept in good taste. |
| g. |
Political signs shall be kept to a maximum size of
18” by 24”. No more than two (2) signs may
be on a lot. Signs may be displayed for a maximum of
thirty (30) days and must be removed the day after the
election. If any home is used for a polling place, election
laws regarding the proximity of signs to the polls must
be observed. |
- PETS. Pets must be on a leash at all reasonable
times. Owners are to properly pick up all solid waste. Failure
to adhere will result in fines.
- DAMAGE TO ASSOCIATION PROPERTY. The Association may
directly invoice a homeowner for any damage that the homeowner
or guest thereof causes to any portion of the common area.
An unpaid invoice may lead to an assessment lien against the
homeowner. In the even the damage is caused by an individual
or group that does not reside in the community, appropriate
steps will be taken by the Association to obtain reimbursement
from the responsible party. Each case will be dealt with on
an individual basis and the Board may elect to prosecute or
seek other legal remedies in addition to the remedies granted
to them by the Governing Documents.
- MODIFICATION OF COMMON AREAS. No homeowner may modify
or repair any portion of the common areas without approval
from the Board. Any such Board approved modification to the
common areas will become the responsibility of the homeowner
with concern for, but not limited to, appearance, slope ratios,
and drainage unless such concerns are assumed by the Association.
- PARKING RESTRICTIONS.
Trailers, campers, mobile equipment, boats, commercial trucks
and inoperable automobiles or motor vehicles may not be parked
for storage purposes in the community, unless such vehicles can
be enclosed in the homeowner’s garage.
The term “camper” shall include motor homes, trailers,
tent trailers and vans with exterior medications such as “pop-ups”
or extended roof heights which exceed eighteen (18) inches above
the van’s standard manufactured roof line. Vans, suburban
or carry-alls, or jeeps, which from the exterior appear as a
standard passenger vehicle, are not considered to be campers.
Pickups with commercially manufactured enclosed shells shall
not be considered campers unless the highest point on the camper’s
shell exceeds eighteen (18) inches above the pickup’s
cab.
The term “commercial truck” shall include any vehicle
which is intended for commercial or business use. Examples of
vehicles which shall be classified as commercial trucks are
as follows:
| a. |
Any vehicle with tools, tool boxes, side racks,
overhead racks, or commercial equipment attached or outwardly
visible, such as a van with plumber’s vices attached,
or a pickup carrying unconcealed gardening or other equipment
or materials. |
| b. |
Any truck with a cab roof extending more than eighteen
(18) inches in height above its standard manufactured roof
line or longer than a standard van or pickup, such as a
panel truck or stake-bed truck. |
| c. |
Trailered equipment such as generators or concrete pumps
(unless parked temporarily for performing work on a lot);
and |
| d. |
Any other vehicle which in the opinion of the Board of
Directors constitutes a commercial vehicle under these rules
and the CC&R’s. |
| Parking restrictions shall
not apply to vehicles which are loading and unloading. |
- FINES; LATE FEES; LIENS.
- VIOLATION NOTIFICATION LETTER: Certified letter to
the homeowner indicating the nature of the violation and a
period of time within which to correct the violation or to
review it with the Board of Directors. No fine is imposed.
- VIOLATION LETTER; FINE IMPOSED. A certified letter to the
homeowner indicating the nature of the violation and a period
of time to correct the problem or review it with the Board
of Directors. A fine of $100 is imposed. If the violation
is not cured within the time allotted, a fine of $50 per day
will be imposed until proof of correction is provided by the
homeowner to the Board through the Management Company.
- LATE ASSESSMENT FEE. A late fee of $10.00 shall be assessed
on Association dues which are thirty (30) days past due and
will continue to be assessed for each additional month, or
portion thereof until paid.
- LEGAL ACTION. Payment of delinquent Association dues, late
fees, and unpaid fines may be enforced by the Board through
commencement of legal action against the homeowner. All costs
associated with such legal action, including reasonable attorney’s
fees, will be borne by the delinquent homeowner.
- LIENS. Delinquent Association dues may be collected by placing
a lien against the delinquent homeowner’s home pursuant
to the Davis-Sterling Common Interest Act of 1984, as amended
(California Civil Code, Title 6, Common Interest Developments,
Section 1366, 1366.1, 1367 and 1368). Procedure for lien filing
is as follows:
| a. |
A notification letter is sent to homeowner
advising that dues are 60 days are more past due. Homeowner
is given 15 days to bring account current or a lien
will be filed against their property. |
| b. |
If no response from homeowner within 15 days, lien
is filed and a certified copy sent to homeowner. A lien
fee of $150.00 is added to the delinquent account balance. |
| c. |
If not resolution from homeowner within 30 days of
lien filing, a non judiciary foreclosure is filed. A
lien fee of $150.00 plus 17% interest plus foreclosure
fees are added to the delinquent account balance. |
| d. |
If no resolution from homeowner, the property will
go to lien sale. |
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