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Barclay Square Homeowners Association

By Willie Ross,2014-06-28 08:39
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Barclay Square Homeowners Association ...

    Barclay Square Homeowner’s Association

    Rules and Regulations

    Revised: September 20, 2001

As a requirement of ownership, during escrow all owners sign and agreement stating that

    they will adhere to and obey all CC&R’s, By-laws, and Rules and Regulations of the Barclay Square Homeowners Association.

    Rules, regulations, and restrictions are made for the safety, comfort, and pleasure of all

    Barclay Square Homeowners. Your Barclay Square Homeowners Association board will

    cooperate and make every effort to facilitate the requests and needs of all residents.

    However, all residents must be aware that under the CC&R’s of our Association, as

    authorized by the State of California, your elected Board has, by law, the right and

    obligation to uphold all covenants and rules as approved. Your Board will not hesitate to

    exercise that authority at any time it is appropriate and necessary.

    THESE RULES AND REGULATIONS ARE A VERY BRIEF OVERVIEW OF THE

    MOST ENCOUNTERED CC&R’S AND BY-LAWS ISSUES OF THE ASSOCIATION, AND ARE FAR FROM COMPLETE. PLEASE RETAIN THESE RULES AND

    REGULATIONS WITH YOUR CC&R’S AND BY-LAWS FOR REFERENCE.

    Article 1: Rules of the Common Area

    Article 2: Parking

    Article 3: Pool

    Article 4: Pets

    Article 5: Building and Architectural Control

    Article 6: Streets

    Article 7: Landscaping and Grounds

    Article 8 Infractions of Rules

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    Article 1

    Rules for Common Area

1.1 The common area is all space outside the walls of the unit, garage, and fence of any

    approved backyard. Precise definition can be found in CC&R’s section 1.46.

    1.2 The driveways and walkways to individual units are “Restricted Common

    Property.” These areas are for the sole use by the occupants of that unit and are off

    limits to common use by other residents.

    1.3 The Association hereby disclaims any liability for invited or uninvited guests of

    residents.

    1.4 Residents and their guests using the common areas are expected to conduct

    themselves in an orderly manner so as not to disturb other residents.

    1.5 No noxious or offensive activities shall be permitted on the property. This is

    inclusive of, but not limited to, the repair or maintenance of any motorized vehicle

    (expect within the garage), loud noised vocal or by device) coming from any unit

    or vehicle, large power equipment or tools, noisy or smoky vehicles, littering,

    noxious or offensive odors from units/backyards, or any device that may interfere

    with any TV or radio reception. A full disclosure of activities restricted on the

    property may be founding CC&R section 8.03.

    1.6 Camping tents, canopy’s, lawn chairs, playground equipment, wading pools, slip

    and slides, or similar items are not permitted to be set up anywhere on landscaped

    Association common property.

    1.7 As per Barclay Square HOA amendment dated October 1, 1991; The Association

    will assume the first (initial) telephone connection set-up fee for the front traffic

    gate for each new homeowner. Additional telephone number changes (as with the

    changing of tenants or owners new phone number) will result in a billing of the

    actual charges incurred by the Association. As of September 2001, the cost is $75

    per charge.

    1.8 Trash cans may be placed curbside the evening prior to scheduled city trash pick up

    dates, but MUST be removed no later then the evening of that pick up date. Trash

    can storage is not permitted on any HOA common property, and MUST be stored

    out of view in either the unit’s garage or enclosed backyard.

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    Article 2

    Parking Rules

2.1 Resident parking: The residents of each unit have a double car garage and

    driveway for their exclusive use. Vehicles owned or used by residents may not be

    parked any place except within their garage or driveway, and may not protrude into

    the street should it impede the flow of traffic or cause a hazard or nuisance.

    2.2 Campers, motor homes, boats, etc. are to be parked only in the RV storage area at

    the rear of the project or wholly within the garage, unless authorized by the board.

    RV space is limited and assigned by the Association. Contact the Weldon Brown

    Mgr. for information.

    2.3 Guest Parking: Guest may park in the areas reserved (and marked “No Resident

    Parking”) for guest parking only, or in the host residents driveway. It is the

    responsibilities of the residents to make sure their guest are properly parked.

    2.4 Absolutely no street is permitted at any time (inclusive of moving vans) by any

    owner or guest, unless prior permission has been obtained by the Board for a

    specific activity at a specific address at a specific date and time. Street parking will

    result in a $100 fine, and possible towing at owners expense.

    2.5 No large commercial type vehicles, inoperable vehicles, vehicles with expired

    registrations, or vehicles deemed to be a nuisance by the Board are permitted to

    park anywhere on the property, except wholly within a garage and only with the

    garage door closed. For a full disclosure on parking regulations refer to CC&R

    section 8.02.

     3

    Article 3

    Pool

    3.1 Hours: Sunday, Monday, Tuesday, Wednesday, and Thursday the pool is open

    from 8:00 am until 10:00 pm Friday, Saturday, and Holidays the pool is open from

    8:00 am until 11:00 pm.

    3.2 Age Restrictions and number of guess permitted:

    3.2.a The minimum age for children to be present inside the pool area without

    responsible/competent adult resident supervision is sixteen (16) years of age. Note:

    a minor resident may not supervise another minor.

    3.2.b No one under the age of eighteen (18) is allowed to supervise anyone under the age

    of sixteen (16) while inside the pool area.

    3.2.c Children under the age of fourteen (14) are not permitted in the spa unless directly

    supervised by a responsible/competent resident adult. NOTE: Medical authorities

    do not recommend spa use by young children, pregnant/nursing mothers, or anyone

    with heart problems.

    3.2.d Each residence unit is permitted a maximum of four (4) guests within the pool area

    which MUST be accompanied by a current responsible/competent resident adult. 3.3 Items prohibited inside Pool Area: The use of the following items deny the

    comfortable and safe use of the pool by others and are ABSOLUTELY

    PROHIBITED: Boogie Boards, Surf boards, rafts, (multiple person and/or non

    pool type), Scuba equipment, BBQ’s, alcohol, loud radios, animals, any large

    toy/play/entertainment items because they restrict the pool area available to others,

    or any glass items. Broken glass can not be seen in water and not only cause

    additional maintenance cost, but will present a serious health and safety issue to

    those using the pool.

    3.4 General:

    3.4.a. It is requested that all persons please use the pool side shower prior to entering the

    spa or pool.

    3.4.b. No running, excessive noise, or dangerous activities are allowed inside the pool

    area.

    3.4.c. After hours the pool gate will be secured with a lock. When the HOA representative

    asks you to leave at closing hour so they may secure the gate, please do so. 3.4. d ANYONE, homeowner or otherwise, found within a secured pool bathroom or the

    secured pool area after hours or during any other secured time without expressed

    permission from the Board of Directors is guilty of a criminal trespass. The

    Riverside City Police Dept. has, and will continue to resolve this issue on behalf of

    the Board of Directors by legal proceedings in the California Superior Criminal

    Court System. The Board of Directors has filed with the Riverside City Police

    Department a “Trespass arrest Authorization, “ Riverside municipal code 9.04.300

    form authorizing the police department permission to access the property and to

    arrest violators. Violators have, and will continue to be arrested and prosecuted for

    misdemeanor criminal trespass.

    3.4.e. All homeowners/residences/guest will be expected to conduct themselves in a

    courteous and polite manner to all others while inside the pool area, and all other

    common areas so as to provide an enjoyable and safe environment to all those using

    the pool/spa facilities.

    3.4.f. The life saving/rescue ring and pole at poolside are mandated by California Law

    and are there for the protection of Barclay Square Homeowners and their guest.

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    ANYONE found to be handling these items in the absence of a drowning

    emergency of Board of Directors authorized maintenance will constitute an

    immediate $100 fine in addition to any replacement or damage costs. 3.4.g. ANYONE found to be vandalizing or damaging ANY HOA property, which is

    inclusive of climbing the pool fencing or walls, with constitute an immediate $100

    fine in addition to any replacement or damage cost. Additionally, as pursuant to

    Article, XII, Section 12. 01 of the “Declaration of Covenants, Conditions and

    Restrictions and Reservation of Easement of Barclay Square Homeowners

    Association, (CC&R’s)” a loss of pool privileges will be enforced for the length of

    time determined by the Board of Directors. The pool key is not the property of the

    individual homeowner, but that of the HOA and any homeowner responsible for the

    foregoing will be required to forfeit their key and their key deposit refunded.

    Should the owner refuse to forfeit their key and their key deposit refunded. Should

    the owner refuse to forfeit their assigned pool key a fine in the amount of $50 per

    week, or fraction of the week, will be levied unit the key is surrendered.

    3.4.g.a The homeowner is responsible for the conduct of all those individuals that

    reside at, or are guest of their property, and will be held accountable for any and

    all violations incurred by any of these individuals.

The foregoing rules and regulations were designed to maintain our pool area free from

    damage and unacceptable behavior, and your cooperation is greatly appreciated in

    preserving and maintaining our pool area in a clean, safe and enjoyable environment for

    all the homeowners, their children, and their guest.

     5

    Article 4

    Pets

    For a full disclosure of animal related issues refer to CC&R section 8.07

4.1. No animals, livestock, reptiles, insects, poultry or other animals of any kind shall

    be kept in any residence except that usual and ordinary domestic dogs, cats, fish

    and birds inside a bird cages may be kept as household pets within any residence

    provided that they are not kept, bred, or raised therein for commercial purposes or

    in unreasonable quantities or sizes” (CC&R section 8.07)

    4.2 “Animals belonging to owners, occupants, or their licensees, tenants, or invitees

    within the property must either be kept within a enclosure, and enclosed patio, or

    on a leash held by a person capable of controlling the animal” (CC&R section

    8.07)

    4.3 Owners will prevent creating a sanitation nuisance by being responsible for

    cleaning up any droppings deposited by their animal immediately. Failure to

    comply will result in a $100 fine.

    4.4 “Any owner shall be liable to each and all remaining owners for any unreasonable

    noise or damage to person or property caused by any animal brought or kept upon

    the property by an owner or by members of his family, his tenants, or his guest”

    (CC&R section 8.07)

     6

    Article 5

    Building and Architectural Control

5.1 No exterior structure, electrical, plumbing, additions of any kind, architectural

    changes, or piercing of any interior or exterior walls shall be permitted until the

    plans and specifications are approved by the Board of Directors, the Architectural

    Committee (per CC&R’s), as well as the City of Riverside Building Department.

    This is a two-step process. First, the owner must submit an Architectural Change

    form to the Board outlining all plans and specifications of the proposed project.

    Secondly, should the Board approve the plans for use, then a copy of the permit

    from the City of Riverside Building Dept, needs to be provided to the Board for

    final permission to begin the changes.

    5.2 The maintenance of any approved additions/changes will become the sole

    responsibility of the homeowner, and that of any subsequent owners. Should the

    owner, or subsequent owner, fail to maintain the approved addition/change the

    Association will take over maintenance and the cost of such maintenance will be

    added to the owners monthly dues.

    5.3 Christmas house lights and other exterior holiday decorations are permitted,

    providing they are not unreasonably offensive in nature or size. Lights and

    exterior decorations may be put up earlier than December 1, and MUST be

    completely removed by February 1. NOTE: Absolutely no alterations to the

    buildings are permitted to accommodate your decorations. 5.4 Garage doors left unattended are permitted providing the door is opened a

    maximum of 18 inches.

     7

    Article 6

    Streets

6.1. All Federal and California laws and motor vehicle codes relative to vehicle

    operation are in affect on all Barclay Square HOA owned streets.

    6.2 The speed limit for all motorized vehicles on Barclay Square HOA property is 5

    mph. speeding on HOA streets will result in a $100 fine.

    6.3 Use of mini bikes and off-road vehicles (ATV’s, dirt bikes, and other vehicles

    specifically designed for off-road use and/or not licensed for public street use) are

    prohibited on all Barclay Square HOA streets and common areas.

    6.4 Bicycles, scooters, skateboards, skates, and other similar items may be ridden

    only on streets. Any use of these items aside from the street, including

    landscaping and the pool area is prohibited.

    6.5 Group participation games of any kind are not permitted on any Barclay Square

    HOA owned street.

    6.6 Street parking is strictly prohibited, unless prior permission is obtained by the

    Board. See Rules and Regulations section 2.4

     8

    Article 7

    Landscaping and Grounds

7.1 The Board of Directors is responsible for planning and maintenance of all

    common areas. When written approval by the Board has been granted to any

    individual owner, via an architectural change request, any approved changes to

    any common area becomes the maintenance responsibility of the owner, which

    must be maintained to the specifications outlined in the granted architectural

    request.

    7.2 No flowers, shrubs, trees, or any other kind of plant or landscaping will planted or

    altered in the common areas by residents, unless approved by the Board through

    an architectural request form.

    7.3 Decorative items, signs, and similar items on the exterior of buildings (including

    front porches and walkways) and on the landscaping are not permitted.

    Temporary exterior holiday decorations are allowed if they are not deemed

    inappropriate, unreasonably offensive or a nuisance by the Board. (See Rules and

    Regulations article 6.3)

    7.4 Only one (1) real estate sign (sell or rent) will be permitted in the common area.

    Most owners choose this location to be the area next to the traffic entrance gate on

    Jackson Street. Owners may also display one (1) real estate sign in a window of

    their unit. Owners are responsible for requiring realtors to remove “open house”

    signs as soon as the open house is over.

     9

    Article 8

    Infraction of Rules

8.1 If infractions are not corrected in a reasonable time the board will take necessary

    action to make the corrections, and the cost of correcting the infractions will be

    included in the next billing of dues to the owner.

    8.2 The Board has the responsibility and the authority to assess penalties for

    persistent and continued infractions of these rules and regulations. In the case of

    a landlord/tenant relationship, the assessment will be against the

    homeowner/landlord.

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