Anaperalta Homeowners' Association

In accordance with the Association’s CC&Rs Article I, Section 1.9 and Article IV, Section 4.2 the Board of Directors has established the following Rules and Regulations.  The Homeowners of the Anaperalta Homeowners’ Association approved these rules at two meetings of the Homeowners; rules 1 thru 8 on February 25, 2010 and rules 9 thru 12 September 21, 2010. 

Parking Rule Amendment Changes Are Now Effective

At the March 12, 2018 Association Meeting the Board met and reviewed the proposed Association rule changes along with feedback received from owners.  The Board only received comments on the proposed rule amendments from 2 owners, each of which were partially in favor of and partially opposed to the rule changes.  After considering the comments received, the amendments to the parking rules were adopted as originally proposed. 

These rules are considered reasonable and consistent with provisions contained in the Association Management Documents.

 

Rule Conditions:

• They must relate to a legitimate objective of the association,

• They must not violate a public policy (such as discrimination on the basis of sex, race, religion, age, etc.), 
• They must not be enforced in an arbitrary and discriminatory manner, and

• The burdens on the use of the affected property cannot substantially outweigh the restriction's benefits. 

The rules address and identify specific concerns, and apply schedule and fee assessment if a violation is not resolved. 

1. Regular assessments

·       Due and payable on the first day of each month

·       Owner’s responsibility to timely pay each assessment regardless of whether a statement is received.

Ø All other assessments, including special assessments

·       Due and payable on the date specified in the notice of assessment

ØUnpaid assessments are delinquent 15 days after they are due

(CC&Rs, Article VI, Section 6.1; CC1366(e))

·       A late charge of $10 will be charged for any assessment which is not paid in full within 30 days of the due date. (CC&Rs, Article VI, Section 14(2); CC1366(e)(2).).

2.  Excessive water drainage to street gutters

n  Water drainage to the street gutters in front of each home is the responsibility of the individual homeowner

n  Homeowner is responsible for minimizing slime buildup by reducing over watering

n  Possible personal liability     

n  The association provides street sweeping twice a month and plans to continue incremental street power washing

3.  Trash container violation fee

·       Must be stored away, not visible (CC&Rs Article V, Section 5.11)

o   Side yard or inside garage

o   Trash containers may not be stored in front of home

·       Containers should be put out for trash pick up

o   not earlier than Wednesday afternoon

·       Containers need to be stored away

o   By Fridaynoon

o   Except for holidays, storage may be by NLT Saturdaynoon

·       Fee for violation $10.00

4.  Association Maintained Areas (CC&Rs Article VII, Section 7.3)

·       Exclusive to association maintenance contractors/sub-contractors

·       Homeowners are not permitted to:

o   Perform tree trimming, plant trimming, planting fruit trees

o   Installing trellis: maintaining bird feeders or animal feeders

·       The Maintenance Covenants and Exhibit B to the CC&Rs identifies Association maintained areas.

5.  Approved Exterior Paint colors permitted

·       Exterior painting is restricted to association approved colors only

o   Approved colors are contained in the association book for home colors

o   Exterior garage doors may be painted the lighter color of the body or trim of the house.

·       The approved paint for wrought iron is Semi-Gloss Black

6.  Home Appearance (CC&Rs Article VII, Section 7.1

Homeowners have a responsibility to maintain their homes, landscape including lawns, trees, and plants in a reasonable manicured and attractive condition.  This includes the maintenance and/or repair of cracks, removing oil stains on the driveways, repair/replacing broken items including entry doors, garage doors or anything else visible from the street or adjoining home(s) whether it is in the front or back of the home.

o   For Example

§  Removing excessive or unsightly weeds and overgrowth

§  Removing dead fronds from trees or dead plants

§  Planting flowers, plants or establishing ground cover in bare areas 

§  Trimming back tree overgrowth

§  Mowing lawn

§  Power washing the walls to remove grime built-up that accumulates making the home unattractive.

§  Painting the home when the paint has aged or deteriorated so as to the make the home standout as unattractive with the rest of the homes.

§  Not leaving toys, bicycles, containers, tools, boxes, unwound water hoses, etc. unattended or in plain view overnight.

o   NOTE:

§  Bulk items or charity items for next day pick-up by the City or a Charity are excluded from this rule.

·       Christmas decorations, may not go up prior to two weeks  beforeThanksgiving day, and must be removed by the 2nd week in January

·       Violators will be fined association clean-up costs

o   Member non-compliance is assumed 15 days after notice date

      7.  Street Parking

Anaperalta HOA streets are fire lanes, however agreement with the City of Anaheim Fire Department has exempted the HOA to permit parking on one side only (FD letter 28, 2005).   For safety as well as aesthetic reasons, street parking will be limited.

A.  Resident Parking

• Street parking by residents is not permitted.  A resident is defined as anyone regularly residing in the household.
• If a vehicle is owned by anyone other than a resident, but is being used by the resident, this rule shall still apply.
• An exception to the above would be for temporary street parking due totemporary garage and / or driveway parkway due to such things as driveway repair or replacement, garage door replacement or association required work, i.e. sidewalk or driveway apron repair or replacement.

B.  Guest Parking

1. Street parking by guests is allowed, however guests should be encouraged to park in the homeowners driveway whenever possible.  A guest is defined as anyone who is visiting a residence on a non-recurring, non-continuous basis, or for a limited period of time.  The Association definition of “limited period of time” is three (3) consecutive days whether the vehicle moves or not.  Guests who are visiting for longer than three (3) consecutive days are required to park in the homeowner’s driveway.

      2. Street parking by recurring guests is not allowed.  A recurring guest is defined as a vehicle which parks            on the street four (4) or more days in a thirty (30) day period, or six (6) or more days in a sixty (60)                  day period.  Recurring guests are required to park in the homeowner’s driveway, or outside of the                      Association.  A day is defined as a calendar day or any portion thereof.

These rules shall also apply to long term service providers such as, but not limited to, health care providers, child care providers, house sitters, etc.

An exception to the above is for worker vehicles parked on the street for the purpose of performing weekly landscape maintenance, pool maintenance, house cleaning, or contracted work, such as home remodel, repair, construction, or association contracted work for that period of time needed to complete the work.

      3.  Street sweeping is performed on the second and fourth Wednesday of the month.  No vehicle shall be parked on the street between the hours of 8 a.m. and 12 noon on those days when street sweeping occurs.

C.     Sidewalk and Driveway Parking

For safety reasons, sidewalks shall be kept clear for pedestrians.

      1.  No vehicle shall park on a sidewalk or any portion thereof, or with the body of the vehicle (including 

           any appendage, such as trailer hitch, bike rack, etc.) encroaching over any portion of the sidewalk.

D. Curb Parking

       1.  No vehicle shall park (left unattended) in an area designated as a fire lane (i.e. red painted curbs),                     inclusive of driveway  on the Red Painted side of the street.

        2.  No vehicle shall Park where curbs are painted white. White curb stopping is permitted only for 

              pickup and deposit of mail by residents and delivery of mail by postal workers. 

       8.  Penalty Fee for Violation of any CC&R Provision

        1.  Fee for violating any CC&R or Rule provision may result in a $50 fine. Repeat violation of the same                  CC&R or Rule within 60 days may result in a $100 fine.

      9. Daily Fines

         1.      For continuing violations, a daily fine will be imposed so as to encourage compliance with the   association rules.

          2.    The daily fine will commence the day after the due date established in the violation fine letter                            determined by the board.

          3.    A $5 daily fine will be assessed until such time as compliance is reached

    10.  Motorhomes Recreational vehicles

          1.     A motor home or recreational vehicle may be parked on the residence driveway for a period not                        exceeding 48 hours for each occurrence.

          2.    An occurrence is (1) departure for a trip (48 hours), and (2) arrival from a trip (48 hours).

          3.    A permit issued by the Board is necessary in advance and placed on the vehicle where it is visible.                    Parking is limited to the driveway and not on the street per association Rule 7.



11.                     Signs

·       One home for sale or lease sign may be placed on the lot.

o   The sign must not exceed 3 feet x 3 feet in size

o   The sign cannot be hung or be on a post that necessitates the post be dug into the ground

o   The sign must be removed within three days of a lease or sale.

·       One home for sale or lease sign may be placed in the island at the entry.

o   The sign must not exceed 3 feet x 3 feet in size

o   The sign cannot be hung or be on a post that necessitates the post be dug into the ground

o   The sign must be removed within three days of a lease or sale

o   No construction or vendor signs shall be placed on lots or in the island at the entry

12.                     Conduct of  Attendees at Board or HOA Meetings

·       Attendees will not be allowed to disrupt board or HOA meetings.

·       Attendees will not be allowed to speak at meetings unless recognized by the Chair.

·       When recognized by the Chair, attendees will be allowed to speak for a maximum of  2 minutes, unless additional time is allowed by the Chair.  While speaking, attendees will conduct themselves in a respectful and civil manner.

·       Any attendee that disrupts a meeting of the board or HOA, i.e. shouting or use of profanity, may be subject to:

o   A $50 fine.

o   The attendee(s) may be asked to leave the meeting.

o   Law enforcement may be called to remove the attendee(s)

o   The meeting may be moved in order to exclude the disruptive attendee(s)

o   A restraining order may be placed on the attendee(s)