Professional Documents
Culture Documents
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These Resident Rules and Regulations have been 2. Tennis Courts: Subject to tournament play which
prepared and approved by Ocean Colony Partners, L. shall not exceed 30 days per year, Residents have the
P., a California limited partnership ("OCP"), and Ocean exclusive right to reserve time on up to three tennis
Colony Homeowners' Association (Aisociation") in courts anytime from two weeks to 48 hours before the
accordance with that certain Amendment dated Au- requested time. From 48 hours to play time, OCP may
gust 13,1991, and recorded on September 24, 1991, in accept reservations from non-residents. No reserva-
Serial number 91125979 of the Official Records of San tions are necessary if the tennis courts are unoccupied
Mateo County ("Amendment'), to the Ocean Colony and unreserved or the reservation procedures are not
Declaration and Establishment of Covenants, Condi- in effect..
tions, Restrictions and Reservations which was en- 3. Other Facilities:
tered into on October 8, 1974, and was recorded on
October 9, 1974, in Book 6714, at Page 375 of the a. Times: Meeting room, kitchen facilities, men's
Official Records ofSan Mateo County, as subsequently and women's restrooms and parking shall be avail-
amended. All the capitalized terms used in these able to the Residents during the following times
Resident Rules and Regulations will have the same (un ess all or a substantial part of such facilities
meaning as set forth in the Amendment. are unavailable due to remodeling, restoration or
reconstruc Lion):
Colony Club (i) One weekday per month between the hours of
1. Hours of operation: The Colony Club facilities 6:00 p.m. to 11:59 p.m. for the meetings of the
shall be available for use during the following hours of Board and for the annual membership meet-
operation: ing; and
a. General (All Residents): (ii) One Friday, Saturday, Sunday or Holiday per
month between the hours of 10:00 am, to 2:00
Weekdays Weekends & Holidays am, the next day for social events of the
Pool 6:00 am — 9:15 pm 9:00 am — 7:45 pm Association,
Club 6:00 am — 9:30 pm 9:00 am — 8:00 pm b. Cleaning: The Association shall be responsible
for cleaning the meeting room after each use.
Facilities (weight room, locker room, restrooms and
sauna.) c. Scheduling: At least 30 days prior to the start of
6:00 am — 10:00 pm a calendar year, the Board shall provide OCP with
Tennis 6:00 am — 10:00 pm
a schedule of the Association's use of the facilities
Courts for the following calendar year, which schedule
b. Adults Only Restricted Times (Swimming may be revised from time to time with the consent
Pool): Weekday mornings from 6:00 am. to 12:00 ofOCP and the Board. If there is a conflictbetween
noon are restricted to adult members only and the time requested in the Board's proposed sched-
children five (5) years of age or younger; all week- ule and any reservations which OCP has accepted
day evenings from 630 p.m. until close (except for these facilities prior to the Board's submittal of
Wednesday and Friday evenings) are restricted to its schedule, then OCP shall reschedule such As-
adult members only and children ages 14 through sociation event to a date within the same month.
17 that are accompanied by an adult member; and
d. Substitute Facilities: OCP shall have the right
Wednesday and Friday evenings are restricted to
adult members only and children accompanied by to substitute substantially equivalent facilities for
such Colony Club facilities within Ocean Colony.
an adult member.
c. Closure: The Colony Club facilities may be closed 4. Reservations: No reservations shall be required
for use by the Residents of any Colony Club facilities
on Thanksgiving Day, Christmas Day and New
Years Day of each year. other than for the tennis courts and meeting rooms as
described in Sections 2 and 3 above.
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Golf Course and during Daylight Savings Time when sunrise
is after 6:30 am, and shall commence at 6:30 am.
5. Tournament Play; The following Tournament when sunrise is before 6:30 am, and during the
Play shall be available to the Association:
period Daylight Savings Time is in effect, subject
a. Saturday Tournament Play: The Golf Course to the provisions of Section 19.4(e) of the Amend-
shall be available to the Association one Saturday ment regarding OCP's right to delay.
per month, 10 months per year for Saturday Tour- d. Invitationals: The Golf Course shall be available
nament Play. On these Saturdays, the Residents to the Association for the following invitational
shall have two and one-half hours of tee times tournaments:
which shall be consecutive to facilitate Tourna-
ment Flay and shall commence at 7:00 am, during (i) Two-Day Invitational:The GolfCourse shall
the period Standard Time is in effect and during be available to the Association for two con-
Daylight Savings Time when sunrise is after 6:30 secutive weekdays per year on an exclusive
am, and shall commence at 6:30 am, when sun- basis from 12:00 noon on for the Association's
rise is before 6:30 am, and during the period annual invitational tournament, except that
Daylight Savings Time is in effect, subject to the OCP may reserve tee times in the morning for
provisions of Section 19.4(e) of the Amendment non-Tournament Play. OCP shall take all nec-
regarding OCF's right to delay. From the Effective essary and appropriate steps to make sure
Date until April 30, 1992, the Resident's tee times that the Golf Course is clear for invitational
shall be increased to three and one-half hours. shotgun play no later than 11:45 am.
b. Tuesday Tournament Play; The Golf Course (ii) One-Day Invitational: The GolfCourse shall
shall he available to the Association each Tuesday be available exclusively to the Association for
for the following tournaments: an annual one-day invitational tournament.
No other play shall be permitted on the course
Ci) Weekly Tuesday Tournament: Subject to on the day this tournament is scheduled until
the monthly Tuesday tournament, described Tournament Play is concluded. Tournament
in subparagraph (ii) below, the Golf Course Play shall be deemed concluded when the last
shall be available to the Association on a foursome tees off or when shotgun play is
priority basis from 9:00 a.m. to 11:30 am, for
Tournament PLay and play by Residents not completed, as applicable.
participating in the tournament. e. Scheduling of Tournaments. Tournament play
shall be scheduled as follows: the Club Champion-
(ii) Monthly Tuesday Tournament: The Golf ship will be on the third and fourth weekends in
Course shall be available to the Association on August; the Two Day Invitational ll be on the
a priority basis on the first Tuesday of each Second Thursday and Friday in May; the One Day
monthfromS:00 am, to 10:30 am. forTourna- Invitational will be on the Second Tuesday in
ment Play and Residents not participating in October; and the Saturday Tournaments will be
the tournament. on the third Saturday of the month in which such
During Tuesday Tournament Play all players shall tournaments are held. OCP may reschedule the
play at a rate not to exceed the Resident's rate. Club Championship and the Two Day Invitational
to another date within seven (7) calendar days so
c. Annual Club Championship: The Golf Course long as OCP provides notice to the Association of
shall be made available once a year on a Saturday any such rescheduling at least twelve (12) months
and Sunday on two consecutive weekends for the prior to the rescheduled date. OCP may resched-
Annual (flub Championship. Tf the starting tee ule any of the other tournaments described above
times for the Annual Club Championship exceed to another date within seven (7) calendar days so
two and one-half hours during the first day of the long as OCP provides notice to the Association of
Championship, then the two and one-halfhours of any such rescheduling at least four (4) months
starting tee times for such day shall be expanded prior to the rescheduled date,
to three and one-half hours and shall be consecu-
tive to facilitate the Championship play and play f. Allocation of Tournament Tee Times: The
by Residents not participating in the Champion- Association shall be responsible for allocating the
ship. Starting tee times shall commence at 7:00 tee times between Tournament Play and play by
a.m. during the period Standard Time is in effect Residents not participating in the tournament.
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6. Scrambles: The Golf Course shall be available commencement of such Play Time, OCPwill not be
exclusively to the Association on Thursdays for ten required to hold open any starting tee times for
weeks between May 15th and September 15th of each Residents.
year for a nine-hole Resident scramble to commence at
6:00 p.m. Green fees for Residents not paying the c. EffectiveDates: The reservationprocedures shall
annual membership fee shall be $21.00. Fees may be become effective, at OCP's option, on or after May
increased annually, effective no earlier than April 1 of 1, 1992.
each year, to an amount not to exceed 54% times the 9. Other Use of the Golf Course: Homeowners may
sum of(i) the then current weekday Resident green fee use the cart paths on the Golf Course for bicycling,
and (ii) the then current cart fee. OCP shall provide the jogging or walking after normal play hours on the Golf
Association with the available scrambles dates no Course. OCP shall not he required to and does not
later than May 15 of each year. OCP may require carts intend to make any changes to the cart paths to
for scrambles. During scrambles the green fees will encourage, promote or facilitate any such use.
include the cost of the cart. OCP shall provide the Homeowners are hereby advised that there are inher-
Association with the available scrambles dates no ent dangers in undertaking such activities on the Golf
later than May 15 of each year. OCP may schedule a Course cart paths and agree to undertake such inher-
Tuesday or Wednesday night if there is a conflict with ent dangers at their own risk. For purposes of this
any OCP tournament, and OCP posts notice of the Section 9, "after normal play hours" shall mean after
tournament and the substitute night for the scramble play has been completed on the Golf Course. This use
in the pro shop at least two weeks prior to the scramble of the Golf Course cart paths shall he limited to
to be rescheduled. Homeowners, Residents and guests accompanied by
7. Resident Junior Golf: Subject to thurnament Homeowners or Residents.
play, the Golf Course shall be available for junior golf 10. Amendments and Modification: These Resi-
players (Children from ages 5 through 18) two days per dent Rules and Regulations may be amended or modi-
week after the last reserved tee time (approximately fied at any time and from time to time by OCP and the
3:30 p.m.) andno laterthan 4:00pm. at agreenfeenot Board. If OCP o' the Board fails to act within 45 days
to exceed $1.00. Fees may be adjusted annually, effec- of receipt of a proposed amendment or modification,
tive no earlier than April 1 of each year, to an amount such ameadment or modification will be deemed ap-
not to exceed 4% times the then current weekday proved.
Resident green fee. Resident junior golf players shal]
not be required to use golf carts during this Play Time. 11. Notices: All notices or other communications
required or permitted hereunder or under the Amend-
S. Reservations: mentshall be in writing, and sballbe eitherpersonally
a. Weekends and Holidays: Residents will have delivered, delivered by means of professional over-
the exclusive right, subject to any scheduled tour- night courier service which confirms receipt in writing
naments, to make reservations for starting tee (such as Express Mail or Federal Express), or sent by
times during the weekend and Holiday PlayTimes certified mail, postage prepaid, return receipt re-
described in Section 19.4a ofthe Amendment from quested, t.o the following parties at the following ad-
two weeks to 48 hours in advance of the weekend dresses or numbers:
and Holiday play. From 48 hours until the com- To OCP: Ocean Colony Partners, L.P.
mencement of such Play Time, OCP will not be 2002 Fairway Drive
required to hold open any starting tee times for Half Moon Bay, California 94019
Residents. Attention: William E. Barrett
I,. Weekdays: Residents shall have the exclusive With a copy to: Adams & Broadwell
right, subject to any scheduled tournaments, to 1875 S. Grant Street, Suite 600
make reservations for starting tee times during San Mateo, California 94402
the weekday PlayTimes described in Section 19.4b Attention: Thomas R. Adams
oftheAmendmentfrom fourteen (14) days through Janis A. LaRoche
eight (8) days in advance for weekday play. From
seven (7) days through 48 hours, OCP shall hold To Association: (Current Address):
open tee times for reservations for the lesser of (1) Ocean Colony Association
one hour or (2) the difference between two (2) P.O. Box 583
hours and the number of hours of reservations Half Moon Bay, California 94019
taken and not canceled during the fourteen (14) to Attention: President
eight (8) day period. From 48 hours until the
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Notices and communications sent in accordance with OCEAN COLONY ASSOCIATION, a California
this Section shall be deemed delivered upon the date nonprofit corporation
of receipt, if personally delivered, twenty-four (24) s/Michael Ferrera
hours after deposit with an overnight courier service, Its President
if sent by such overnight courier service on an over-
night basis, or three (3) days after deposit in the s/James J. Combs
United States mail, if sent by certified mail. Notice of Its Secretary
change of address shall be given by written notice in
the manner detailed in this Section.
OCEAN COLONY PARTNERS, a California him
12. Validity: These Resident Rules and Regulations
will remain in full force and effect, as amended or ited partnership
modified pursuant to Section 10 above, as long as the s/ W. B. Barrett
Amendment remains in full force and effect. Sole General Partner
34
ARCHETECTURAL REVIEW COMMITTEE GUIDELINES
NOVEMBER 2003
ARCI-IITECTURAL REVIEW COMMITTEE GUIDELINES
TABLE OF CONTENTS
V. DRIVEWAYS 2
X. LIGHTING - EXTERIOR 4
Xl. MAILBOXES 4
1. All outside radio and television antennas and other transmission and receiver facilities that are
greater in circumference than one meter (approximately 39 inches) and would be generally
visible from a neighboring property or Ocean Colony Association common area will not be
approved.
2. Satellite reception equipment having a diameter of less than one meter may be approved on a
case-by-case basis, provided it is adequately shielded from view of any neighboring property or
Ocean Colony Association common areas.
Permanent barbecues and outdoor fireplaces are to be located in the rear yards only and must
confonii to the applicable sctback requirements.
1. Basketball hoops or backboards attached to a home must be situated in a manner that does not
negatively impact a neighbor's ability to reasonably enjoy their property. Basketball hoops poles
or backboards permanently installed anywhere other than attached to the home will not be
approved.
2. Portable basketball standards may be permitted if their placement and use does not negatively
impact a neighbor's ability to reasonably etoy their property. Additionally the placement of a
portable basketball standard must not require a user to play on a sidewalk or street.
3. Portable basketball standards must be moved out of view from the street when not being used.
1. Dog Houses:
a. Permanent doghouse stmctures are to be compatible with applicant's house in style and
color.
b. Dog houses are to be located in side and rear yards only and may not project above the
top of the fence.
d. Dog houses should be placed in an area which minimizes the visibility to adjacent
neighbors.
2. Dog Runs:
Chain link fencing may be used for a dog run only in conjunction with a solid privacy fence (See
FENCES for details on solid fencing).
V. DRIVE WAYS
1. Existing bituminous (asphalt) driveways may be repaired and maintained in kind, however use
of asphalt for replacement of an existing driveway will not be approved.
2. Units should be located on the least visible side of the roof or dwelling and may not extend
above the ridgeline.
3. All other electrical and inechanica] equipment including air conditioners, generators, pumps,
and compressors must be screened from view by fencing or landscaping, and must be placed in
the rear or side yard within the applicable setbacks.
1. Wire fences will not be approved. Chain link fences will not be approved except as specified
for Dog Runs.
2. Fencing in front yards is not to exceed 36" in height and must be of an open and decorative
design consistent with the appearance of the home and of the neighborhood, excepting existing
masonry wall courtyards. Hedges used in this manner are not to exceed 36 inches in height.
3. Placement of the fence and support structures may not interfere with existing sprinkler
systems and may not be constructed over irrigation lines.
4. Material for side-yard fencing must be acceptable to adjacent neighbors and compatible with
the neighborhood.
2
6. The tops of all fences are to extend horizontally and have plumb vertical members. Stepped
fencing is permissible in sloping areas.
8. Gates are not to extend above fence/wall line, other than they may be rounded.
Use of a particular fence style should depend on its use, the desired degree of 'openness' and the
general appearance of the neighborhood.
Wrought Iron:
b. Welded wire mesh may be applied to the interior side of a fence to a height not to
exceed 36" to restrain small pets or children. Supplemental landscaping on the outside of
wire mesh must be used to provide a visual screen of the mesh and to soften the
appearance.
b. Wooden fences may have a natural finish, otherwise fences must be stained or painted
to match either house trim or house color.
a. Cinder block walls must be stuccoed and painted to blend with the existing landscaping
or screened by landscaping.
1. Must be painted to match existing trim or house color. Copper gutters and downspouts may be
left unfinished.
3
2. Run-off from gutters must not drain onto adjacent property or Association common area and
should be directed to flow underneath the sidewalk or parking bay and into the gutter or the
nearest storm drain.
New landscaping or changes to existing landscaping that do not change the grade, do not impact
drainage, do not involve tree removal, paving, construction of a patio or deck, and do not involve
erection of a landscape structure such as a trellis, arbor, pergola, or a retaining wall generally do
not require ARC approval but shall conform to the provisions of this section as set forth below:
1. Trees and Shrubs should be selected and placed in a manner which does not obstruct adjacent
homeowner's views.
3. Appropriate drainage must be supplied and directed to flow underneath the sidewalk or
parking bay and into the gutter or storm drains to prevent mn-off onto adjacent or common area
properties.
2. Proposed iigjiting fixtures should be compatible with applicant's house in style and scale.
Xi. MAILBOXES
1. Erection of a mailbox supported by a structure other than a single post, requires approval of
the Committee. Erection of a mailbox supported only by a single poBt does not require approval
subject to the provisions of this section.
3. They must be placed close enough to curbside to be reachable by the mail carrier but must not
extend over the sidewalk or street.
4
4. Support posts shouid be set in concrete.
2. Consideration will be given to the new color's consistency and compatibility with the
neighborhood.
1. Patios and decks are only to be located in rear or side yards and shall conform to the
applicable setbacks. Concrete texturing or installation of payers is acceptable in front yard areas.
2. Materials and color should be harmonious with applicants house and with the general
neighborhood.
3. Wooden decks are to be naturally finished or stained or painted to match existing house or
trim color.
4. Deck rails will only be permitted if not located in a setback area or if required to provide a
safe environment. All such deck rails shall be designed to be as open and decorative as possible.
1.The style and material of roll-up shades on patio covers must be compatible with the dwelling
appearance and the general neighborhood.
3. Patio covers should not unreasonably obstruct the view of adjacent properties.
Play structures are permissible in rear yards only and must conform to applicable setback
requirements. Play structures must not exceed ten feet (10') in height.
Approval is to be for a specified limited term not exceeding 5 Years. If a homeowner wishes to
continue use of the structure beyond the term of approval, an application for extension must be
submitted. If the extension is not granted, the structure must be dismantled or removed. Any
approval or extension thereof is not transferable. If the property on which the structure is located
is sold and if the play structure is to remain, the new homeowner must submit an application.
5
XVI. ROOM ADDITIONS
1. Room additions must be compatible in scale, materials and color with the applicant's existing
structure.
2. The roof pitch must match or complement the slope and finish of that of the existing dwelling.
3. New windows and doors must be compatible in size, shape and design with those of the
existing dwelling.
4. Provisions must be made to prevent run-off to adjacent properties and drainage shall conform
to the provisions of the CC&Rs.
Screen doors on the front entrance or visible from street must blend with the style and color of
the dwelling.
- Solar collectors are to be placed flush wWi and in the same plane as the roof slope.
3. Collectors are lobe located on the roof only. Ground panels are not permitted. Panel
installation on patio covers will not be approved.
2. Portable or above-ground spas are permitted in rear yards but also require approval and their
placement must conform with applicable setbacks.
3. Spa equipment should be placed so as not to disturb the adjacent properties and its placement
must conform with applicable setbacks.
4. Spa equipment should be shielded from view of adjacent properties and common areas or
should be enclosed.
6
XX. STORAGE SHEDS & GREENHOUSES
2. Storage sheds attached to the dwelling should have a roof pitch compatible with the dwelling's
roof
1. If tree with a circumference of nine (9) inches or greater is approved for removal, it should be
replaced with another tree of 15 gallon or greater size. The replacement tree may be located
anywhere on the property.
2.The replacement free should be planted within 90 days of removal (or a longer period as
specifically approved, depending on weather conditions).
3, An exception to this replacement policy may be granted if the Committee determines that the
removal is necessary to reduce overgrowth.
4. Stumps of removed trees must be removed or ground down below grade and covered.
5. Any property damage caused by, or any property defect revealed by, the tree removal must be
repaired within 60 days of the tree removal.
1. If tree with a circumference of nine (9) inches or greater is approved for removal, it should be
replaced with another tree of 1 5 gallon or greater size. A plan must accompany the application
indicating where on the sub association's common area the replacement tree will be planted
2.The replacement free should be planted within 60 days of removal (or a longer period as
specifically approved, depending on weather conditions).
3. An exception to this replacement policy maybe granted if the Committee determines that the
removal is necessary to reduce overgrowth.
4. Stumps of removed trees must be removed or ground down below grade and covered.
5. Any property damage caused by, or any property defect revealed by, the tree removal must be
repaired within 60 days of the tree removal.
7
XXII. VdNDOW TREATMENTS - EXTERIOR
4. Canvas or Wood awnings should match the trim of the dwelling and be compatible in size,
color, and shape with the existing dwelling.
8
Ocean Colony Street and Sidewalk Usage Rules & Guidelines
The streets and sidewalks within Ocean Colony are available for equal and protected use and enjoyment
by all residents. Ocean Colony residents are responsible for informing their guests and tenants of these
rules and guidelines and ensurthg they are obeyed and followed.
Parents are advised that the Colony (and the city) has an 11 pm curfew.
Enforcement Policies and Procedures for Ocean Colony Street and Sidewallc Usage Rules
Philosophy: A consistent, fair, and reasonable enforcement policy and procedure is necessary to foster compliance with
these rules. This enforcement process is intended to be essentially passive and administrative in nature. The desired goal
is to effectively modi' homeowners (and their guests and tenants) behavior by in±onaaing them of the applicable rules
and encouraging them to abide by them. Discovery of violations will not be actively sought through any dedicated person
or entity. All homeowners, Board members, and property management personnel will be encouraged to report alleged
violations they witness, including the details necessary to accomplish enforcement of the applicable rules. The incident
count is specific to the type of violation, For example, a homeowner will not receive a final warning letter until the third
report of parking on the sidewalk. Notwithstanding the Board has the authority and reserves the right to take any direct
and immediate enforcement action which in its sole judgment may be deemed appropriate inany egregious or serious
violation situation. Examples include but are not limited to: any incident involving personal injury, damage to
Association or homeowner property, aggressively reckless behavior involving threat or risk to persons or property, etc.
For example, a homeowner withesses a car parked on the sidewalk. They should make note of the vehicle license no.,
DC vehicle sticker no. (if present), vehicle color and make, DC address nearest to where the car is parked, and the date
and time of the occunence. This information should be relayed verbally or in writing to the propertymanagement firm
who will in turn initiate the enforcement process. For instances involving vehicles, the propertymanagement personnel
will first consult the OC Cars database to attempt to determine ownership of the vehicle. For vehicles owned by an OC
resident, the OC resident owning the car will be contacted. For vehicles not registered in the DC Cars database, the front
gate's visitor log will be consulted. For vehicles associated with visitors of DC residents, the OC resident will be
contacted. For vehicles not registered in the OC Cars database and not in the front gate's visitor log, the DC resident at
the address nearest to where the car was parked will be contacted. The incident count will be tracked over a rolling 12-
month period.
First incident: Phone call or 'ticket" left on vehicle, as applicable
Second incident: Rentder warning letter or phone call
Third incident: Final warning letter noting the next incident will result in fine being imposed.*
Fourth incident: Fine imposed, after due process
l
Fine schedule
2nd
Movink violations
$25
$50
Stationary violations
$10
$20
3 $75 $30
Each additional $100 $50
Moving violations (for vehicles only, unless othenvise noted
* Speeding * Driving on the wrong side of the road
* Reckless driving * Towing or riding double (not applicable for vehicles)
* Not heeding signs and street markings * Driver under 14 operating a go-ped or motorized scooter
* Not yielding to pedestrians * Unlicensed driver operating a vehicle
Stationary violations
* Parking at red curbs or on sidewalks * Obstructing traffic flow through the use of rails, ramps, goals, etc.
* Parking on streets between 2 am & 6 am * Parking in parking bays for over 48 continuous hours
* Failing to display a current DC vehicle sticker * Failure to timely update OC vehicle information
At the suggestion of the Association Attorney, the Board has adopted the enclosed
resolution at its September 21, 1994 meeting.
We encourage you to read and file this resolution with your CC&R booklets for future
reference.
President
EWS:crl
Enclosure
P.O. BOX 583• HALF MOON BAY. CALIFORNIA Q4fl19• PHflNP iai ; 796767A
CERTIFIED RESOLUTION
The Driver shall have a right to attend the hearing, present witnesses
on the. Drivers behalf, cross examine witnesses testi'ing against the
Driver, and be represented by counsel. The hearing shall be open unless
prior to the commencemeilt of the hearing the Driver requests that it be
closed and! the Driver is entitled to a closed hearing as a matter of law.
The Committee shall render a decision within ten days of the termination
of the hearing. The decision as to whether a violation occurred shall be
final and binding except as described below. The decision may include any
penalties that the committee recommends. If a penalty is recommended,
the recommendation shall be submitted to the Executive committee of the
Board of Directors for approval. The Executive coniniittee shall render its
decision with 30 days of receipt of the recommendation. No hearing shall
be held by the Executive committee unless it determines that the interest of
justice require a hearing. If a hearing is held at the discretion of the
Executive committee, the hearing may be limited to the penalty issue or can
constitute a complete new hearing. The hearing shall be conducted in the
same m1nner as the initial hearing, and the Driver shall have the same
rights. The decision of the executive committee shall be final and binding.
OCEAN SOCAITON
By:
Dated: )\ \_ ctzk_
OCEAN COLONY ASSOCIATION
CERTIFIED RESOLUIION
Upon a motion duly made and seconded is was RESOLVED that the
Architectural Committee Violation Enforcement Policy attached hereto
as Exhibit A is ratified, adopted and approved and that the President of
the Association is authorized and directed to disseminate the Policy to
the members as soon. as is reasonably practical.
Hearing; If a hearing is held, the hearing shall be open to all members:. unless the
property owner requests that the hearing be held in executive session, inwhich case
the Committee shall adjourn to executive session to hear the matter. The Committee
shall hear appropriate evidence on the alleged violation. The property owner shall
have the right to attend the hearing, to have counsel present, to present witness and
other evidence on his or her behalf, and to examine any witnesses or evidence
2
presented at the hearing. At the conclusion of the hearing, the Committee shall
render a decision as to whether a violation has or has not occuned. Hearings may
be continued at the discretion of the Committee if necessary to obtain additional
evidence or in the interest of fairness. -
Corrective Action: If the Committee determines that a violation has occurred, the
Committee may order the property owner to perform such corrective action as the
Committee feels is appropriate under the circumstances. The corrective action may
require the owner to commence immediately appropriate action to correct the
problem, including: (1) the removal of any property that has been installed in
violation of the CC&Rs and restoration of the property to its condition immediately
prior to the installation; and/or (ii) immediate cessation of any work being
performed in violation of the architectural restrictions. If the owner fails to take
appropriate corrective action within the time designated by the Committee, the
Committee shall refer the matter to the Board for determination as to the
commencement of legal action.
3
If the violation is a "continuing" violation, the Committee may impose a
"continuing" fine for each 30-consecutive-day period that the violation continues.
The amount of each fine for each period shall not exceed $500.
If the fine is not paid voluntarily by the property owner, the Committee shall
refer the matter to the Board for appropriate action to collect the amount due.
4
Ocean Colony Association
Policy Statement on Home Occupation
OCA CC&Rs establish that "the private area may be used only for single-family residential
living and for no other purpose." However, there have been substantiai lifestyle and
technology changes since 1974 when the OCA CC&Rs were drafted. These changes have
allowed a growing number of individuals to be able to do and conduct business in their
home with minimal, if any, external impact to the neighborhood or the Association. The
Board therefore now believes that it would not be reasonable to attempt to literally and
strictly enforce this restriction as written. The Board further believes that it would now be
reasonable to establish an Association policy to clarify what type(s) of non-residential
use(s) will generally not be deemed to be in violation of the CC&Rs.
BE IT RESOLVED: That "home office" and 'home occupation" are defined as non-
residential uses which will generally not be deemed to be in violation of the CC&Rs only if
such non-residential use is customarily conducted entirely within a residence, by a person
or persons customarily residing in the residence, and which use is clearly a secondary and
incidental use of such residence and meets the following conditions:
• The use or activity does not change the residential character of the residence or of
the generally surrounding area (i.e., the neighborhood).
• The use or activity does not generate vehicular traffic in excess of that normally
associated with single family residential use.
• There is no generally perceptible exterior indication of the home office or occupation.
• No exterior signs are used.
• No noise, odor dust, fumes, vibration, smoke, electrical interference or other
interference with the residential use of adjacent properties is being created.
• No persons except the resident(s) shall be employed in the home office or utilized in
the conduct of the home occupation.
• The resident or property owner has provided the Association satisfactory evidence
that the home office, home occupation, or other non-residential use activity
conducted on the property is in compliance with relevant city and county ordinances
or laws, including, but not limited to providing copy of a valid business license for
the non-residential activities.
OCA CC&Rs and policies and practices cannot override or take precedence over
municipal, state, or federal law or statute. Therefore this policy does not pertain to or seek
to modify or apply to those certain types of non-residential use activities that are protected
by municipal, state, or federal law from such restrictions. Public policy establishes that
individuals shall be in compliance with applicable laws and ordinances.
Any OC resident seeking relief from the residential use restriction in the OCA CC&Rs or
from the conditions or provisions of this policy must apply in writing to the Board for an
exemption from one or more of the above conditions. Requested exemptions deemed in
violation of public policy will not be granted.
August, 2003
Enforcement Policy and Procedure for
Ocean Colony Association CC&R and non-Street-related Rule Violations
Philosophy: A consistent, fair, and reasonable enforcement policy and supporting procedure is necessary to
foster compliance with Association CC&Rs and Rules. This enforcement policy and procedure is intended to be
essentially passive and administrative in nature. This enforcement policy and procedure, while similar in nature,
does not apply to enforcement of Street and Sidewalk Usage Rules, which have a separate enforcement policy
and procedure. The desired goal is to effectively modii, as needed, homeowners' (and their guests and tenants)
behavior through the Association, using established channels of communication, such as the periodic
Newsletter, informing them of any new and revised Rules and pro-actively encouraging them to abide by them.
Knowledge and understanding of the content and implications of all Association CC&Rs is the obligation of
each homeowner and the duty to abide by same, to the extent reasonable, is also their ongoing legal obligation.
Each homeowner is provided a copy of Association CC&Rs and any existing Rules at the time they purchase the
property.
Discovery of CC&R and Rule violations will not be actively souat through any dedicated person or
entity. Board members, property management personnel, and homeowners will be encouraged to report in
writing any alleged vio]ations they witness or have knowledge of, including sufficient details necessary to
reasonably investigate and accomplish enforcement of the applicable CC&Rs and Rules.
Standard notice and due process provisions, including the right to a hearing before the Board will apply.
Therefore when the alleged violator has reached the fine stage and before any fine is imposed, they will be
offered the ability to protest or contest or provide additional information regarding the alleged violation. This
protest ability will consist of being provided an opportunity to attend a hearing before the Board or alternatively,
at their discretion, to submit written material to the Board in lieu of attending a hearing. A fine will be imposed
only if they choose not to contest the alleged violation or if the Board determines that, regardless of their protest
or additional information provided, the fine should be imposed (i.e., approves imposition of the fine).
Failure to pay any fine imposed by the Board by the established deadline, generally
fourteen (14) days after the hearing date, will be addressed as follows:
- The owner will be permitted a total of 30 days from the established deadline to pay the
fine with no additional penalty,
- If the fme has not been paid 30 days after original deadline date a letter will be sent to the
homeowner advising that failure to submit payment within 30 days (making a total of 60 days
from the original deadline) from the date of the letter, the debt will be immediately submitted to
Small Claims Court and that the homeowner will then also be responsible for paying OCA for
any/all costs incurred in collecting the fine (assuming OCA prevails).
- A judgment in the favor of OCA wiil provide an opportunity and establish the legal basis
for the Association to attach assets of the homeowner in order to effect collection of the debt and
recovery of collection costs.
In September 1993, the Board resolved to provide that displaying two (2) "For Sale"
signs per property would allowed in order to conform to state law. Management has
recently determined that it would be appropriate and reasonable to re-affirm and update
this policy and accordingly to re-publish it to homeowners.
This policy, which re-establishes that placement of two (2) "For Sale" signs of
reasonable dimensions and design in different locations on a property, would have the
effect of providing for and supporting reasonable enforcement of the intent of the
existing CC&R language. It also infers that literal enforcement of existing CC&R
language would generally be deemed unreasonable and to some degree arbitrary,
especially given the many and varied property orientations and street layouts within
Ocean Colony. Accordingly, this policy would also be deemed to reasonably support
homeowners' ability to appropriately market their property while still maintaining
reasonable signage restrictions in connection with the original intent of the CC&Rs.
(2) One 'For Sale' sign which shall not exceed 8" x 24" in size, to be used solely
to advertise the lot or dwelling for sale.
BE IT RESOLVED THAT: the Board herein re-affirms that placement of two (2) 'For
Sale" signs in different locations on a property, each of which location is not visible from
the other and each of which sign is of a standard and customary size and design, would
not be deemed to constitute a violation of the Association's existing CC&Rs.
Ocean Colony Association Parking Bay Usage Policy
Whereas Ocean Colony Common Area is defined in the Ocean Colony Association Bylaws as
"all real property owned by the Association for the common use and enjoyment of the Owners"
and;
Whereas Ocean Colony's parking bays are Common Area, are the property of the entire
Association, and accordingly are for non-exclusive, mutual use, and;
Whereas no inthvidual homeowner or Association member has the right or authority to use
Common Area solely for their personal use; and
Whereas the Board had previously established that parking bays should only be used by visitors
and guests;
The Board believes that it would now be reasonable to clarify the Association policy and
establish specific guidelines regarding what constitutes appropriate and acceptable use of Ocean
Co1ony Association parking bays.
As the parking bays located within the several sub-associations in Ocean Colony (i.e, Bayhill
Place Association, lIMB Muirfield Association, Muirfield II Association, and Pinehurst Lane
Association) are the property of those sub-associations and accordingly are not Ocean Colony
Common Area, this resolution has no impact on the usage of those parking bays located in any of
the aforementioned sub-associations.
BE IT TIJERE}TORE RESOLVEI) TO: that the Board herein coniirn's and clarifies that
Ocean Colony parking bays should generally be kept available for the usage only by non-
residents present in the Colony on behalf of or by invitation of an Ocean Colony resident and
that the following specific parking bay usage guidelines are hereby established:
*
Repeated use of any parking bay for days at a time is not allowed, and in no case may a vehicle
be parked for more than 48 continuous hours in a parking bay.
*
Parking bays cannot be used to house or park residents' vehicles on a regular and on-going
basis.
* Residents who may have more vehicles than can be parked on their property, e.g., in their
garage or on their driveway must find locations other than Association Common Area on which
to park any such excess vehicle(s).
* Use of the parking bays by residents on an occasional or periodic basis will not be deemed in
violation of this policy.
*
Requests for exceptions to this policy shall be made to the Community Manager and may only
be granted on atemporarybasis
BE IT FURTHER RESOLVED: that the Board approves utilizing the penalty structure for
stationary violations as specified in the Enforcement Policies and Procedures for Ocean Colony
Street and Sidewalk Usage Rules for violations of this policy.
November, 2003
RESOLUTION OF THE BOARD OF DIRECTORS
of
OCEAN COLONY ASSOCIATION
Whereas, to facilitate better living conditions among the residents of Ocean Colony, the need for
clearer rules concerning nuisance and compliance with laws is necessary;
BE IT RESOLVED THAT: the following rules shall apply to all owners, residents, guests
and tenants at Ocean Colony: