Architectural and Landscaping Guidelines

  1. 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.

    1. 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.
    2. 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.
    3. 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.

  2. 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.

  3. 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.

    1. 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.

    2. 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.

    3. 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.

  4. INSTALLATION OF LANDSCAPING.

    1. APPROVED PLANS. Upon receipt of ARC approval, installation of improvements must be completed within one hundred twenty (120) days from the date of notification.

    2. FRONT YARD LANDSCAPING. Must be installed within 180 days after close of escrow.

  5. FENCING.

    The following guidelines apply to all fencing within the community:

    1. No double fencing shall be constructed.

    2. No custom fencing shall be constructed without prior written approval of the ARC.

    3. 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.

  6. PATIO COVERS AND GAZEBOS.

    1. 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.

    2. No aluminum, metal, plastic, fiberglass, cloth, composition, shingle or screens may be used.

  7. MISCELLANEOUS GUIDELINES.

    1. Awnings. May be approved on an individual basis.

    2. Colors. All exterior additions or alterations must match original builder color scheme or equivalent.

    3. Glass Tinting. Requests will be considered on an individual basis. Mirror finishes in excess of 60% will not be approved.

    4. House Numbers. Alteration to house numbering will not be approved.

    5. 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.

    6. Water Features. Pools, spas and related equipment will be considered on an individual basis.

    7. Playground Equipment. Will be considered on an individual basis and permitted if located unobtrusively, as determined by the ARC.

    8. 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.

    9. 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.

    10. Security Bars. Security bars visible from the exterior on windows and doors are not allowed.

    11. 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.

    12. 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.

    13. 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.

    14. Raised Planters. May be brick, block stucco or other material as approved by the ARC.

    15. Mailboxes. No alteration to the exterior of mailboxes or the posts to which they are affixed will be approved.

    16. Holiday Lighting. Holiday lighting and decorations must be removed thirty-one (31) days after the holiday.

  8. 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.

  9. OBJECTIONS.

    Objections from immediate neighbors should be directed in writing to the Management Company for consideration by the Board.

  10. APPROVAL.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

  11. 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.

  12. IMPROVEMENTS NOT REQUIRING APPROVAL.

    1. 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.

    2. 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.

  13. MAINTENANCE AND REPAIR.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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.

    8. 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.

    9. 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.

  14. 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.

  15. FINES; LATE FEES; LIENS.

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.