Fountainwood Homeowners Association

December 16, 2004

To: Homeowner, Fountainwood Homeowners Association 

Attachments: 2004 Reasonable Rules and Guidelines, View Guidelines, 2004 ARC Violation Process and Excerpts from the CC&Rs

Consistent with our original commitment at the Annual HOA meeting held in 2003, the Board of Directors is again distributing a copy of the "Reasonable Rules and Guidelines" for your use. 

Periodically, your neighbors who volunteered to be on the ARC committee survey the tract and make recommendations to the Board based upon their observations. Some of our homeowners receive a violation notice and immediately react negatively because a) they don't understand the rules stated in the CC&Rs , b) they don't think they have violated any rule, c) they disagree with the rules, or d) they say they never received the violation notice (we are also looking into ways to assure that every homeowner actually receives their violation notices so there is no question about whether or not they received the letter).   

Observations are now made including a reference to the applicable rule, and the violation notices are based upon rules contained in the Codes, Covenants and Restrictions (CC&R) documents filed with the State of California that govern our association.

 The overall view of the Board is that the vast majority of homeowners are doing a good job of maintaining and/or upgrading their properties to either sustain or improve their value, so only limited intervention should be required to maintain adequate control of individual properties for the benefit of the whole neighborhood. 

 Our plan is, to publish the “Reasonable Rules and Guidelines” and distribute a copy to each homeowner annually so there is no confusion about the guidelines that will be enforced. 

Regards,

The Board of Directors

Therefore the following rule and guideline have been adopted for the use and good of all the Homeowners, for the use and good of all committees and and enforcement by the Board of Directors. They do not replace the CC&R's which remain as the ultimate governing laws of our Association.  

I. Improvements (updated 11/23/04)

For the purpose of this section, improvement is defined as external painting or staining, window or door replacement (including garage doors), and building additions, attachments or modifications and major landscaping, re-grading or resurfacing. (CC&R 1.10)

When considering an improvement to a property, the Architectural Committee will take cognizance of the rights of all adjacent homeowners. Additionally, the Architectural Committee will consider the rights of all parties in any dispute in which they have been asked to rule.

All external improvements visible from other lots or public right of way must be submitted to the Architectural Committee for approval. The following items are accepted from this provision: (CC&R 8.05, 15.03)

A. Repainting , re-stuccoing or staining the exterior of the home or garage with approved colors and with no color change does not require an application for approval. All color changes require Architectural Committee approval. Approved colors can be found on the Fountainwood website or can be obtained by contacting County Property Management.

B. Replacing garage doors with roll up wood or metal, with or without windows and with no color change does not require an application for approval. All color changes require Architectural Committee approval. Approved colors can be found on the Fountainwood website or can be obtained by contacting County Property Management.

C. Replacing a front entry door with no color change does not require an application for approval. The Architectural Committee will approve front entry door color changes as long as they are not objectionable and do not deviate from neighborhood color schemes, i.e., no bright primary colors or abstract finishes. Installing a screen door at the front entry does require an application for approval. Guidelines for an acceptable door are that the screen door be stained a natural color to blend and match the front entry door or it should be painted in shades that blend and match trim.

D. Replacing a mail box/post does not require an application for approval. As long as they are maintained in good condition and are compliant with Postal Service requirements, there will be no unreasonable restrictions on mailbox construction or color.

E. Rain gutters that need to be replaced or added must blend and match with trim color. They do not require an application for approval.

A. Lawns (CC&R 8.04)

1. Water and fertilize to maintain a healthy appearance.

2. Trim and cut regularly for a neat appearance.

3. Lawns should be reasonably weed-free.

4. Repair excessive brown areas. - Excessive is an area, or areas, exceeding two (2) square feet i.e. 24" by 12"

B. Shrubs and trees

1. Shrubs and trees are to be kept neatly trimmed and not allowed to excessively encroach upon driveways and/or sidewalks. (CC&R 8.04)

2. Shrubs immediately in front of windows facing the street must not be allowed to cover any portion of the windows. (CC&R 8.04)

C. Ground cover. (CC&R 8.04)

1. Keep ground cover plantings reasonably free of weeds.

2. Keep ground cover planting beds healthy to maintain a 90% coverage of the area of the slope or planting bed.

3. Trim ground cover for a neat appearance.

D. Driveways must be kept free of excessive grease, oil, rust, paint or any other stains. (CC&R 5.01)

E. House and garage paint or stain must be renewed when 10% to 15% of the trim, door or wall is bare, discolored or peeling. For example, if only the garage door is in need of renewing, or only the front fascias, or only the front window trim -- then only that area will be cited and subject to renewal. (CC&R 8.04)

G. Windows and doors (including garage doors) must be kept in good repair. (CC&R 8.04)

H. Wrought iron fences must be kept in good repair. They are to be painted when 10% to 15% of any section becomes rusty, excessively faded or is peeling. The approved color for perimeter fences is Dunn Edwards Teak Brown #261. (CC&R 8.04, 8.05, 8.27)

I. Rain gutters must be kept in good repair. (CC&R 8.04)

J. Trash containers must not be visible from street or neighboring property. No rubbish, trash or garbage can be allowed to accumulate. (CC&R 8.08)

 

Views: Architectural Committee Guidelines for View (CC&R 8.29)

In any case brought to the attention of the Board by the Architectural Committee where the complaining homeowner can demonstrate a tangible negative monetary affect on property or market value resulting from a loss of view, and a majority of the Board agrees, the architectural condition will be considered to have materially affected the property and will be cause for immediate correction consistent with the guidelines for correction described in the CC&R's.

B. In any case brought to the attention of the Board by the Architectural Committee where the complaining homeowner’s view is esthetically affected, the following guidelines will be applied:

1) Properties within the Fountainwood tract that are considered "view properties" as a result of their location typically have one side that is predominantly described as the view side.

2) "View" is defined as an individual and personal perception, judgment, or interpretation (an opinion), or the visual perception of a region.

3) "View point" is defined as at the center of the view side of the property approximately half way between the structure and the property line at an elevation of approximately five (5) feet.

4) "Field of view" is the left to right and top to bottom range of view afforded to an individual by virtue of their location within a tract. For the purpose of this document, "left to right" is interpreted as 1800 unless interrupted by solid structures, approved walls or structures, or natural or artificial elevations outside of the control of the Fountainwood Homeowners Association. "Bottom" is interpreted from the top of the most distant Fountainwood tract rooftop observable from the viewpoint, and "top" is interpreted as the approximately 450 above the horizon.

5) To be "materially affected", that view side must be compromised by an obstruction(s) that completely obscures all or part of the field of view such as trees, bushes, or unapproved structures, and further that obstruction or sum of the obstructions must be greater than 100 (roughly the same as a closed hand at arms length). Partially obscured views such as that available through an adequately pruned tree canopy, or where the tree canopy is above the range of view may be considered acceptable by the Architectural Committee.

6) Where the Board determines that action is required to restore the view, a time and plan will be requested of the offending homeowner and provided to the complaining homeowner that respects both the interest in restoring the view and the substantial cost that may be necessary to correct it.

7) Mitigation measures to enforce the decision of the Architectural Committee or the Board will be consistent with the guidelines for correction described in the CC&R's.

           

             2004 Fountainwood ARC Violation Process

Following a review of violation notices that was conducted at the Fountainwood Board of Directors (BOD) meeting on April 17, 2003, the BOD unanimously agreed that the following changes would be made in the procedure to communicate these violations to homeowners and to assess fines:

1) Observations or Violations recorded on the Architectural Committee walk-around report (Architectural File) will, in the future, state both the rule being violated, and the violation. If a rule cannot be found in the CC&R’s or "Reasonable Rules and Guidelines for Homeowners and Committees" (as currently published in the County Property Management website) then a violation will not stand.

2) Violation notices will be reviewed by the Board of Directors prior to them being issued. This review process can be by e-mail, letter or hand carried copies of the violation notices delivered to each BOD member. County Property Management must receive approval or concurrence from each BOD member before a violation notice will be issued.

3) Violation Process:

Homeowners in violation will receive a FIRST written notice of the citation (no fine).

Any violation not corrected within thirty (30) days will receive a SECOND notice. Along with this citation will be an invitation to appear for a hearing before the Board of Directors to review the violation. If the Homeowner does not appear at the Hearing or request an extension, a fine of $25.00 will be assessed the Homeowner.

In the event of a THIRD written notice of non-compliance of the Violation within a 12 month period a $50.00 fine will be assessed the Homeowner.

In the event of a FOURTH written notice of non-compliance of the Violation within a 12 month period a $100.00 fine will be assessed the Homeowner.

All fines will be assessed by the Board of Director through County Property Management (CPM), and will be added to the Homeowner's statement due the next month.

IN THE EVENT THAT FINES ACCUMULATE TO $500.00, THE BOARD OF DIRECTORS WILL INITIATE SMALL CLAIMS COURT ACTION, AT THEIR SOLE DISCRETION.

1.10 Definition of Terms.

……..……the following terms shall mean:

Improvements , shall mean buildings, garages, carports, streets, roads, driveways, walkways, parking areas, fences, walls, porches, elevated porches, patios, pools, decking, hedges, plantings, planted trees and shrubs, and all other structures or landscaping improvements of every kind, nature or description.

5.01a Powers and Duties of the Board.

……..……the Board shall have the following powers and duties:

to adopt reasonable rules and regulations relating to the use and maintenance and repair of the Slope Maintenance Areas, and further with respect to automobile parking, disposal of waste, and other activities which if not so regulated might, to an unreasonable degree, detract from the appearance of the community or cause inconvenience or danger to person or property;

8.04 b Responsibility of Lot Owners.
For the purpose of this section, "Maintenance" shall include proper watering, fertilizing, weed control, mowing and trimming so as to reduce potential flood, drainage and fire hazards and to maintain a proper aesthetic appearance.
(1) Maintain, repair, or replace, at each Owner's sole expense, all portions of his respective Lot and Improvements located thereon and any injury or damage to the other Lots, or Slope maintenance Areas, resulting from such Owner's Lot or Improvement.
(2) Perpetually maintain all landscaping upon each Owner's Lot and all interior graded slopes. Further, each Owner shall maintain, and in no way interfere with, the established drainage over each Owner's Lot from adjoining or other lots, and shall make adequate

provisions for proper drainage in the event it is necessary to change the established drainage over each Owner's Lot. For the propose hereof, "established drainage" is defined as the drainage patterns which existed at the time of the overall completion of the property by declarant, including paved drainage ways, yard drains and the landscaping, if any, of each Lot. In addition, each Owner shall permit free access by Owners of adjacent or adjoining Lots to slopes or drainage ways located on each Owner's Lot which effect said adjacent or adjoining Lots, when such access is essential for maintenance or permanent stabilization on said slopes, or maintenance of drainage facilities for the protection and use of property other than the Lot on which the slope or drainage way is located. This maintenance obligation shall not extend to perimeter slopes or any other areas maintained by the Homeowners' Association for the property.

8.05 Alteration or Improvement of Lots.
No improvements of any type (other than small plants and flowers) or any structural alteration to any improvements, or any exterior additions or modifications to any improvements (including, but not limited to, painting), shall be made, constructed, erected, placed, or maintained on any Lot, except by Declarant, until the construction plans and specifications and a plan showing the location thereof have been approved by the Architectural Committee as to quality of workmanship and materials, harmony of external design and existing structures, and as to location with respect to topography and finish grade elevation. No prefabricated tool shed or other structure of any nature whatsoever, permanent or temporary, shall be moved or placed upon, or assembled or otherwise maintained on any Lot where visible from other Lots or public right-of-way unless approval of the Architectural Committee is obtained. If application for approval is made to the Architectural Committee the proposal shall be reviewed as per Criteria of Approval set forth in Article XV of this Declaration, and, if such application includes a proposal for a fence or wall. then the provisions of Paragraph 8.27 hereof also shall be applicable. In no event shall any structure be permitted which would violate ordinances of the City of Thousand Oaks. Notwithstanding the foregoing, a temporary office, trailer office, tool shed, lumber shed and/or sales office may be maintained upon any Lot or Lots by Declarant and Declarant's contractors and agents for the purpose of erecting and selling dwellings on any Lot or Lots, but such temporary structures shall be removed at completion of construction or selling of dwellings, whichever is later.
Notwithstanding any other provision contained herein, the Architectural Committee shall establish a range of colors and color combinations for the exterior of the dwellings (including the trims) which colors shall be subject to the approval of the membership of Association. The colors shall be deemed approved upon the Board or Architectural Committee obtaining written consents approving said color (s) from a majority of the members or approval by the vote of a majority of the members present at a meeting of the members. This amendment and any color approved pursuant to the amendment shall be subject to regulatory provisions and conditions of the City of Thousand Oaks as more specifically set forth in Section 14.02 of the CC&R’s.

8.07 Flammable, Corrosive or Explosive Materials.
No owner, any member of his family, tenant, agent, employee, licensee or guest shall at

any time bring in, keep or maintain in or on any portion of the project any highly corrosive or explosive solid, liquid, gas, chemical, substance or other material which may be hazardous to life, limb or property without in each case obtaining consent of the Board.

8.08 Trash Containers and Collection.
No garbage or trash shall be placed or kept on any Lot except in covered containers. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same available for collection, and, then, only at times reasonably necessary to effect such collection. All rubbish, trash, or garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be kept or maintained on any Lot.

8.10 No Offensive Activity.
No Owner shall permit or suffer anything to be done or kept on such Owner's Lot which shall obstruct or interfere with the rights of other Owners or annoy them by unreasonable noises; nor shall he or she commit or permit any nuisance on such Owner's Lot or commit or suffer any illegal act to be committed thereon. Each Owner shall comply with all applicable ordinances and statutes and with requirements of local and/ or state boards of health with respect to the occupancy and use of Lots.

8.18 No Exterior Antennas.
No exposed antennas for transmission or reception of television or radio signals or any other purpose shall be maintained upon any lot.

8.20 Clothes Drying Facilities.
Outside clothes lines or other outside facilities for drying or airing clothes shall not be erected, placed or maintained on any Lot except at locations not visible from neighboring property or streets adjoining said Lot.

8.21 Abandoned or Inoperable Vehicles.
No Vehicle of any type which is abandoned or inoperable shall be stored or kept on any Lot in such a manner as to be visible from neighboring property or from any streets within the property.

8.22 Motor Vehicle Repair.
No Motor Vehicle, Boat, or Trailer shall be constructed or repaired upon any Lot or street in such a manner as will be visible from neighboring property; provided, however, that the provisions of this section 8.22 shall not apply to repairs completed within two (2) days from date commenced.

8.23 Prohibition Against Recreational Vehicles.
Except as provided in Section 8.22 of this Declaration, no recreational vehicles shall be stored or parked in the garage or front yard of any Lot. As used herein, "recreational vehicle" includes motor homes, boats, trailers and campers (other than attached to the cab portion of a truck).

8.27 Walls and Fences.
(a) Declarant as a part of initial construction will install perimeter walls and fences along portions of the perimeter of the Property. Any person acquiring any Lot with such a wall or fence thereon shall maintain in good condition such portion of said wall or fence as its own upon the Lot owned. Any modification of any such wall or fence, including, but not limited to, change of color, construction style, materials and location shall be prohibited.
(b) All walls and fences constructed, installed or placed along the rear or side lot line of any Lot shall be constructed and maintained in accordance with the drawings attached hereto as Exhibit "B". Prior to construction, all wal_1 design shall be submitted to the Department of Planning and Community Development for review and approval to assure compliance with approved design. All such walls and fences shall comply with requirements for maintenance of views as set forth in section 8.29 hereof. All other designs are prohibited.
(c) Walls and fences shall meet height restrictions of ordinances of the City of Thousand Oaks. All fences over two and one-half (2 V) feet in height shall be set back a minimum ten (I 0) feet from side lot line located on the street frontage of corner Lots unless otherwise approved by the Planning Director of the City of Thousand Oaks. Strict requirements are applicable to fencing of any pools and Owners who intend to install pools should consult the City of Thousand Oaks Building Department for pool information.

8.28 Sight Distance at Intersections of Public Streets and Intersections of a Public Street and Public Driveway.
Unless otherwise approved by the Director of Planning & Community Development of the
City of Thousand Oaks, any fence, wall, mature landscaping or improvement of any type must comply with stopping sight distance criteria specified in plate D- IO. Where stopping sight distance is less than the minimum specified in Plate D- IO, it shall be subject to review and approval by the Planning Commission, if such review is determined to be necessary by the City Traffic Engineer or Director of Planning & Community Development.

8.29 Maintenance of Views.
Following construction of a residence upon a lot by Declarant, no vegetation, mobile home, boat, further improvement, including fences, or other obstruction shall be planted, constructed or maintained on any Lot in such a location or of such height as to obstruct the view in a material manner from any Lot. Each Owner of Lot shall be responsible for periodic trimming and pruning of all hedges, shrubs and trees located on his or her Lot so as not to obstruct the view of adjacent Owners. In the advent of a dispute between Lot Owners as to the obstruction of a view, such dispute shall be submitted to the Architectural Committee whose decision in such a matter shall be binding. Any such obstruction shall, upon request of the Architectural Committee, be removed or otherwise altered to the satisfaction of the Architectural Committee by the Owner of the Lot upon which the obstruction is located.