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Declaration
of Establishment of Covenants, Conditions and Restrictions
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LA
VETA MONTEREY CONDOMINIUM ASSOCIATION
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Phase
1, Parcel 1 of Parcel Map No. 79-756
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City of Orange, County of Orange
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ARTICLE VII |
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Use Restrictions |
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Section 1. One Use, Business Usage Prohibited
All
units in the project shall be used solely for single family
residences. |
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Section 2. Maintenance of Unit
The
owners shall maintain in good repair, the interior of
their units and shall have the exclusive right, at their
sole cost and expense, to paint, repaint, tile, wax, paper
or otherwise refinish and decorate the inner surfaces
of the walls, ceilings, windows and doors bounding their
respective units. If an owner fails to so maintain this
unit or make repairs thereto in such manner as may be
deemed necessary in the judgment of the Board, to preserve
and protect the attractive appearance and value of the
project, the Board shall give written notice to such owner
stating with particularity the work of maintenance or
repair which the Board finds to be required and requesting
that same be carried out within a period of sixty (60)
days from the date such notice is given. If such owner
fails to carry out such maintenance or repair within the
period specified in the notice, the Board shall cause
such work to be done and shall assess the cost thereof
to such owner, such assessment to be due and payable within
thirty (30) days after the Board gives written notice
thereof. |
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Section 3. Other Structural Changes
No
owner shall, at his own expense or otherwise, make any
alteration, addition or modification to the building in
which his unit is located, or to any part or portion of
the Common Area without the prior written approval of
the Board. With respect to the installation of awnings,
sunshades, screen doors and other minor installations
to any individual unit, the prior written consent of the
Board shall be exercised with a view toward promoting
uniformity and thereby enhancing the attractiveness of
the property as a whole. No radio or television receiving
or transmitting antennae or external apparatus shall be
installed on any unit or in or on any part of the Common
Area, without the prior written approval of the Board.
Normal radio and television installations within an individual
unit are excepted. |
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Section 4. Signs
The
owner of a unit or his agent, may display a sign of customary
and reasonable dimension, advertising his unit for sale
or lease, which sign shall be of a professional type and
of dignified appearance, and shall be placed in some appropriate
location as determined by the Board, on the Common Area
open to public view. The owner or his agent may include
advertising on the sign that indicates:
(a)
the property is for sale, lease or exchange;
(b) the agent's or owner's name; and
(c)
the address and telephone number of the agent or owner.
Such
sign may also be the sign of a licensed real estate broker
engaged by an owner for the purpose of selling or leasing
his unit. Nothing herein contained shall prohibit or restrict
in any way, Declarant's right to construct such promotional
signs or other sales aids on or about the portions of
the premises which it shall deem reasonably necessary
in conjunction with its original sales program for a period
not to exceed three (3) years after issuance of the Final
Subdivision Report. |
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Section 5. Offensive Activity
No
owner shall permit or suffer anything to be done or kept
on the project which shall increase the rate of insurance
thereon, or which shall obstruct or interfere with the
rights of other owners, or annoy them by unreasonable
noises or otherwise; nor shall he commit or permit any
nuisance on the project, or commit or suffer any immoral
or 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 his unit. |
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Section 6. Owner Liability
Each
owner shall be liable to the Board for any damage to the
Common Area or to any equipment or improvements thereon,
which may be sustained by reason of the negligence or
willful misconduct of said owner or of his family members,
relatives, guests or invitees both minor and adult, to
the extent that any such damage shall not be covered by
insurance. Said owner shall be assessed by the Board for
the cost of repair or replacement thereof, together with
costs and attorney's fees, such assessment to be due and
payable within thirty (30) days after written notice thereof.
In the case of joint ownership of a unit, the liability
of such owners shall be joint and several. In the event
of personal or property damage sustained by any one person
while physically within the unit or private balcony or
patio, and in the further event any other owner shall
be sued or claim made against him for said injury or damage,
the owners(s) of the unit(s) in which said injury or damage
occurs shall fully indemnify and hold harmless any such
other owners against whom such claim shall be made, and
shall further defend any such other owners, at their own
expense in the event of litigation of such claim, provided
that such protection shall not extend to any other owner
whose own negligence may have caused or contributed to
the cause, of any such injury or damage. |
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Section 7. Common Area Improvements
No
fence, hedges or walls shall be erected and maintained
on the Common Area except such as are installed in accordance
with the initial construction of the buildings located
thereon or approved in writing by the Board and further,
no building, fence, structure or wall shall be constructed
on any of the open spaces, unless approval therefore has
been specifically obtained from the appropriate department
of the City of Orange. |
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Section 8. Child Provision
(a)
With respect to Phase I, Units 62 to 112 inclusive, 114
to 124 inclusive, 202 to 212 inclusive and 214, each owner
shall be accountable to the remaining owners for the conduct
and behavior of children residing in or visiting in his
condominium. However, with respect to Phase II, Units
125 to 210 inclusive and 215, and Phase III, units 1 to
12 inclusive and 14 to 61 inclusive, no children under
the age of eighteen (18) years may reside in or visit
in a unit for continuous period not in excess of two (2)
weeks during any six (6) month period. Each owner shall
be accountable to the remaining owners for the behavior
and conduct of children temporarily residing in or visiting
his unit. There shall be conditional exception to the
foregoing as follows: with respect to those units in Phase
II and III where any of the tenants in possession thereof,
have children under the age of eighteen (18) years as
of the date of issuance of the original Final Subdivision
Public Report issued by the California Department of Real
Estate, and any of said tenants elect to purchase his
unit pursuant to the rights (unless a written waiver of
these rights has been previously obtained) granted him
under California Government Code Section 66427.1 then
and in that event, such tenant in possession, may be excluded
from that portion of this Section 8. Prohibiting the permanent
residency of children under the age of eighteen (18) in
Phase II and III to another by such purchasing tenant,
his grantee, purchaser, assignee, leasee or transferee,
shall be bound by the prohibition against permanent occupancy
of children under the age of eighteen (18). It is therefore
declared to be the intent of Declarant to to allow existing
tenants in Phases II and III with children under the age
of eighteen (18) to purchase their respective units should
they so desire, but upon the sale, lease, or transfer
by them, their purchasers, leasees or transferees are
intended to be subject to prohibition against permanent
residency by children under the age of eighteen (18) years.
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Section 9. Parking Restrictions
No
automobile, trailer, camper, boat or similar-type vehicle
shall be permitted to remain on any portion of the Common
Area, except for those areas designated as "guest
parking" by the Board, for a period not to exceed
twenty-four (24) hours. No unit owner shall park his vehicle
or allow his guests and/or tenants to park their vehicles
in any space other than that assigned to the owner and
any spaces designated as "guest parking spaces."
Further, the City of Orange may enforce the parking laws
and ordinances on private streets under Sections 21107.5
or 21107.7 of the California Vehicle Code, if the City,
in its discretion, determines that such enforcement is
required, in addition to other remedies that may be available
to unit owners and to the Association. |
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Section 10. Rubbish
Trash,
rubbish and trash bins shall not be permitted to remain
on any portion of the Common Area, except on the day(s)
scheduled for trash collection. |
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Section 11. Pets
No
animals, livestock, reptiles or poultry shall be kept
in any unit, except that usual and ordinary domestic dogs,
cats, fish and birds (in inside bird cages) may be kept
as household pets within any unit; provided:
(a)
they are not kept, bred or raised for commercial purposes
or in unreasonable numbers; and
(b)
prior written approval of the Board is first obtained.
As
used herein, "unreasonable numbers," shall be
determined by the Board but, in no event, shall such term
be construed so as to permit the maintenance by any owner
of more than two (2) animals per unit. The
Association shall have the right to prohibit the maintenance
of any animal which constitutes, in the opinion of the
Board, a nuisance to any other owner. Animals belonging
to owners, occupants or their licensees, tenants or invitees
within the property, must be either kept within the unit
or enclosed patio, or on a leash being held by a person
capable of controlling the animal. If any animal belonging
to an owner, is found unattended outside of the unit or
enclosed patio, or not being held on a leash by a person
capable of controlling the animal, such animal may be
removed by Declarant, so long as Declarant owns any interest
in any portion of the project, other occupant or owner
within the project, or a person designated by them to
do so , to a pound under the jurisdiction of the City
and subject to the laws and rules governing the same,
or to a comparable animal shelter. Further, any owner
shall be absolutely liable to each and all remaining owners,
their families, guests and invitees, for any unreasonable
noise or damage to person or property caused by any animals
brought or kept within the project by an owner or by any
members of his family, tenants or guests. It shall be
the absolute duty and responsibility of each owner to
clean up after his animals which have used any portion
of the Common Area. Notwithstanding the foregoing, nothing
herein contained shall be construed in such a manner as
to permit the maintenance of any animal contrary to any
ordinance of the City.
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Section 12. Association Maintenance and Declaration
Authority
The
Board, or its duly appointed agent, including the manager,
if any, shall have the exclusive right to paint, decorate,
repair, maintain, alter or modify the exterior walls,
balconies, railings, exterior door surfaces, roofs and
all installations and improvements on the Common Area,
and no owner of a unit shall be permitted to do or have
done any such work. The prior written approval of the
Board shall be required for installation of any awnings,
sunshades or screen doors. The restrictions set forth
herein shall not apply to the initial construction of
the buildings or improvements made thereto, by Declarant.
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Section 13. Exploration of Minerals
No
oil drilling, oil development operations, oil refining,
quarrying or mining operations of any kind shall be permitted
on or in the project, or within five hundred (500) feet
below the surface of the property and no derrick or other
structure designed for use in boring for water, oil or
natural gas, shall be erected, maintained or permitted
on any portion of the project. |
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