An online version of the Fara Estates Community Rules Booklet

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TABLE OF CONTENTS

INTRODUCTION

I. GENERAL RULES

1. USE OF UNITS
1.1. Rentals

1.2. Garbage and Trash

1.3. Architectural Control

1.4. Use Restrictions

2. USE OF COMMON AREAS
2.1. Noise Restrictions

2.2. Parking Restrictions

2.3. Use Restrictions

2.4. Speed Limit

2.5 Posted Traffic Signs

2.6 Licensed Drivers

3. ACTIONS OF OWNERS AND OCCUPANTS
3.1. Pet Rules

3.2 Damages

4. MOTOR VEHICLES
4.1. Restrictions

1. ASSOCIATION LIABILITY

2. USAGE RIGHTS

1. MAINTENANCE POLICY ON INDIVIDUAL UNITS
1.1. Association Responsibility

1.2. Maintenance of Doors

1.3. Maintenance of Patio Areas

1.4. Maintenance of Light Fixtures, Sensors, Bulbs and Wiring

2. COLLECTION/LIEN POLICY
2.1. When Dues Are Payable

2.2. Late Fees and Delinquencies

3. INSURANCE POLICY

4. PARKING POLICY

5. ARCHITECTURAL CONTROL POLICIES

5.1. Architectural and/or Landscaping Modifications

5.2. Fine for Unapproved Architectural Modifications

5.3. Screen Doors and Security Doors

5.4. Sunscreens

5.5. Garage Doors

I. GENERAL RULES

1. USE OF UNITS

1.1. Rentals

All owners using their unit as a rental property, must register each new tenant with the Association's management firm. A $50 fine will be assessed if this information is not submitted within 30 days of a change of occupancy in the unit.

This registration process includes notifying management of your tenant's name and phone number. Management will then schedule an orientation meeting with the tenant at which time the project rules and policies will be given to each tenant and explained thoroughly.

1.2. Garbage and Trash

1. Garbage service is provided by the Association. Each unit is equipped with one 60 gallon can which is picked up once a week.
2. Cans to be placed on the edge of the driveway no sooner than 6:00 p.m. the day before pick-up and brought back in on the day of pickup.
Note: As of January 1997 Fara residents cannot dispose of grass clippings, weeds or any type of greenery in the standard 60 gallon cans. While "green" cans are generally available from the garbage company Fara Estates is not participating in the "green" program. Thus residents must make their own arrangements to dispose of clippings.

1.3. Architectural Control

1. No alterations to any building, fence, wall, or landscaping, nor any other "improvement" may be made without the prior written approval of the Board of Directors.
2. No wiring for electrical or telephone installations, television antennas, machines or air conditioning units, etc., may be installed on the exterior of the buildings, or protruding through the walls or roofs without the prior written approval of the Board of Directors.
3. Exterior clotheslines are prohibited from being erected or maintained.
4. No basketball standards or fixed sports apparatus may be installed, erected or maintained.
(For further information regarding Architectural Control Policies, see Section III, Policies, 5. Architectural Control Policies, of this document).

1.4. Use Restrictions

1. Units are for single-family residential use only.
2. No modifications of the front landscaping of any unit or the landscaping in the common areas is allowed without the prior written approval of the Board of Directors.
3. No yard sales are allowed within the complex.
4. No signs other than those advertising a unit for sale or rent are allowed and signs must be of reasonable dimensions. For this purpose the Board Of Directors deems "reasonable dimensions" to be no larger than 3x3 feet.

2. USE OF COMMON AREAS

2.1. Noise Restrictions

No resident shall cause or permit any noises to be made in his/her unit or in the common area which might tend unreasonably to interfere with the peace and quiet of other residents. Fara Estates uses the City of Modesto noise abatement ordinance as a standard of reference.

2.2. Parking Restrictions

1. No parking is allowed on any street or in any designated No Parking Area.
2. All residents' vehicles must be parked in garages or designated parking areas. Parking in driveways is allowed if a resident has more than 2 vehicles registered to the unit. Due to the narrow width of streets, there shall be no parking outside of garages of units that do not have full driveways.
3. Parking violations can and will be cited by the Modesto Police Department, Modesto Fire Department and/or the Association's security company.
(For further information regarding motor vehicles see Section I., 4. Motor Vehicles of this document )

2.3. Use Restrictions

• No skateboards or bicycles on sidewalks or lawn areas. These are permitted in the street areas only.
• No barbecuing or picnicking in common areas without the prior approval of management.

2.4. Speed Limit

Motor vehicles must not exceed speeds in excess of 10 miles per hour on all project streets.

2.5 Posted Traffic Signs

All owners and visitors are required to abide by all traffic signs and markings on project streets.

2.6 Licensed Drivers

No motor vehicle of any type may be driven or operated within the complex or on project streets by anyone except licensed drivers. Violations may be subject to citations issued by the Modesto Police Department.


3. ACTIONS OF OWNERS AND OCCUPANTS

3.1. Pet Rules

1. Household pets are allowed as provided in the C.C&R.'s. All pets except cats must be restrained on a leash and accompanied by an owner at all times when in the common areas.
2. Pet owners shall not allow their pets to disturb other residents by constant or loud barking, whining or other noises, or by noxious odors.
3. Pet owners are responsible for the prompt removal of waste caused by their pets and may be liable for fines if witnessed by other project occupants.

3.2 Damages

Any resident is financially responsible for damage done to common areas or recreational facilities by any family member or guest. This includes streets, grass areas and landscaping, sidewalks, outside surface of fencing, roofs, drywells (street drains) and any other surface or object considered as "common area" under the Project's CC&Rs. Landlords are financially responsible for damages to the common areas caused by their tenants.

4. MOTOR VEHICLES

4.1. Restrictions

1. No damaged or inoperable cars or other vehicles, commercial vehicles, recreation vehicles, travel trailers boats, or other recreational equipment may be parked within the project's designated parking areas for more than 4 hours for purposes of loading and unloading. Such vehicles may not be parked illegally or cause a nuisance to residents within the project. Owners will be notified of violations and said vehicle(s) will be subject to tow-away at the owner's expense.
2. Pick-ups that are factory standard 3/4 ton or smaller are accepted and not considered commercial vehicles for this rule.
3. No major automotive or mechanical work may be done in driveways, complex streets or common areas. No motor vehicle shall be constructed, reconstructed or repaired within the Properties and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on the Properties; provided, however that the provisions of this section shall not apply to emergency vehicle repairs sufficient to enable the vehicle to be removed to an off-site repair facility of emergency vehicle repairs of a minor nature such as changing battery, water hoses, etc.
4. Absolutely no chemicals or waste of any sort may be dumped or poured into street drains within or anywhere the common area.

II. COMMON AREA RULES

1. Association Liability

1. All common areas are open only at the user's risk and the Association assumes no liability for
2. The Association assumes no liability for use of the common area by owners, tenants and their guests and any damage caused will be charged to the member involved.

2. Usage Rights

1. The Board of Directors reserves the right to deny use of the common area and any facilities to anyone at any time.
2. These rules may be changed at any time at the discretion of the Board of Directors.
3. Residents are encouraged to ask anyone not recognized as a resident in the complex to identify himself.

III. POLICIES

1. MAINTENANCE POLICY ON INDIVIDUAL UNITS

The Association provide exterior maintenance upon each Lot and Residence which is subject to Assessment as follows:

1.1. Association Responsibility

1. Paint, stain, repair, replace and care for the exterior building surfaces of all Residences including roofs, gutters, fences, downspouts and exterior walls; provided, however, that the Association shall not be responsible for the repair and replacement of exterior doors, screen doors, garage doors, private patio exterior lighting fixtures and wiring, and other hardware and glass surfaces;
2. Replace and care for trees, shrubs, grass, walks, and other landscaping improvements except for plantings and Improvements located within fenced or enclosed patio areas on Lots;
3. Maintain the underground sewer, water and electrical lines, whether located within the boundaries of the Owner's lot or under the Common Area, but the Association shall not be responsible for the risers and connecting lines between such service lines and the Individual Residences; and
4. Repair, maintain, and replace exterior light sensors, exterior garage and porch fixtures and globes and exterior garage bulbs.

1.2. Maintenance of Doors

a. Garage Doors

Each owner shall maintain, repair and replace, when necessary, the garage door serving the owner's unit. The Association shall periodically paint the exterior surface of the garage doors as part of its obligation to maintain exterior building surfaces.

b. Utility Doors

Each owner shall maintain, repair and replace, when necessary, the utility door housing the electrical meters serving the owner's unit. The Association shall periodically paint the exterior surface of the utility doors as part of its obligation to maintain exterior building surfaces.

c. Sliding Glass Doors

Each owner shall maintain, repair and replace, when necessary, the sliding glass door leading to the owner's patio.

d. Other Exterior Doors

Each owner shall maintain, repair and replace, when necessary, all other exterior doors serving the owner's unit, including the side door into the garage. The Association shall periodically paint the exterior surfaces of all other exterior doors as part of its obligation to maintain exterior building surfaces.

e. Doors Replaced by Owner

If an owner wishes to replace any exterior or garage door which is not scheduled to be painted by the Association in the immediate future, the Board may require, as a condition of approving the replacement project, that the owner paint the new door so it matches the existing improvements, at the owner's expense.

1.3. Maintenance of Patio Areas

Each owner shall maintain the owner's patio area, including any landscaping improvements or structures, in a clean, sanitary and attractive condition.

1.4. Maintenance of Light Fixtures, Sensors, Bulbs and Wiring

Each owner shall maintain, repair and replace, when necessary, the wiring serving the sensor light fixture attached to the corner of the owner's garage to ensure that the light fixture is fully operational at all times. The Association shall be responsible for replacing burned out light bulbs in these fixtures and for keeping the photo sensor in working order.

However, if the Board determines that the light bulb in a particular light fixture is burning out at an abnormal rate, the Board may require the owner to have the fixture and/or the wiring inspected and repaired by a licensed professional. If the owner refuses, the Board may undertake the inspection and repair, and assess the owner the costs as an Individual charge. Each owner shall replace, as necessary, all other light bulbs in exterior light fixtures serving the owner's unit.

2. COLLECTION/LIEN POLICY

The CC&Rs specify the timely collection of Association dues for the purpose of maintaining the Project as prescribed in the CC&Rs. The Board Of Directors has adopted the following rules governing the collection of monthly dues.

2.1. When Dues Are Payable

The monthly dues are due on the first of each month and delinquent on the 15th of the same month.

2.2. Late Fees and Delinquencies

All dues not paid by the 15th of each month are subject to a $10.00 late charge per unit, per month.
1. After 30 days a late notice will be mailed to the owner of each unit dues are owed for.
2. After 60 days a second late notice will be sent.
3. After 90 days a certified letter will be sent stating that payment in full must be received within 14 days or a lien will be filed. All attorney's fees and court costs incurred in filing the lien and sending the certified letter will be included in the lien amount if the account is not brought to a current status.
4. The Association has the right to take delinquent owners to court to collect all moneys owed. Said owners will be responsible for all attorney's fees and court costs incurred in the event of any litigation.

3. INSURANCE POLICY

At present, the Association carries a master policy for the Fara Estates project. For further information regarding the current insurance carrier and the Association's policy, please contact the Association's management company. The Homeowner is responsible for the payment of the deductible on this policy.

4. PARKING POLICY

Any prohibited, illegally parked, or abandoned vehicle (as defined in the CC & R's, Section 3.3 Parking) is subject to immediate tow-away at the owner's expense as per the California State Vehicle Code. The Association is not responsible for any damages or loss caused by theft to towed vehicles.
 

Any vehicle parked in a clearly marked No Parking Area will be subject to immediate tow-away by the Modesto Police Department.

5. ARCHITECTURAL CONTROL POLICIES

Owners and tenants are prohibited from modifying or affecting in any way the outside structure or Common Area without prior approval of the Board Of Directors. Owners may, however, submit in writing to the Board requests for modifications.

5.1. Architectural and/or Landscaping Modifications

If you are considering any type of change to the exterior of your unit or your front landscaping, prior approval must be received from the Board of Directors as specified in the governing documents of the Association and the project rules. A request for approval of any addition or alteration must be put in writing along with a copy of the plan and a description of the materials to be used. This information should be sent to the Association's management company, which will forward it on to the Board of Directors for their approval. Written confirmation will be given after Board approval has been received.

(For detailed information on Architectural Control, see the CC&Rs, Article 3, paragraph 3.14.)

5.2. Fine for Unapproved Architectural Modifications

Any exterior changes made without the prior approval of the Board of Directors will be subject to fines and/or penalties. There will be no exceptions. It is essential you have approval from the Board Of Directors before you make any exterior changes that can be seen from the common areas. Violation of Article 3, paragraph 3.14 of the CC&Rs will result in one or more of the following actions:
1. You will be given a 30-day time period to remove the improvement or make changes as specified by the Board of Directors
2. If you fail to remove the improvement or make the necessary changes, a fine will be assessed and charged for each day past the 30-day time period, until such time as the improvement is removed or changed.
3. In the event of continued non-compliance, fees will be accumulated until such time as the balance reaches $500.00 at which time the matter will be turned over to the Association's attorney for collection of funds owed.

5.3. Screen Doors and Security Doors

Screen doors/security doors are allowed if the individual requests permission in writing for the screen door/security door prior to having it installed. The Association has a pre-approved screen door/security door model and information on the approved screen door/security door is on file at the Association's management office.

5.4. Sunscreens

Sunscreens are acceptable as long as they meet the MID energy conservation standards, are bronze or gray in color.

5.5. Garage Doors

The Association has a pre-approved pattern for a metal roll-up garage door. Information on this approved door is on file at the Association's management office.