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ARTICLE VII
Architectural and Landscaping Control
Section 1. Architectural Approval. No fence, wall, building, sign or other structure (including basketball standards), or exterior addition to or change or alteration thereof (including painting) or landscaping, shall be commenced, constructed, erected, placed, altered, maintained or permitted to remain on Rancho Dominguez Townhomes or any portion thereof, until plans and specifications shall have been submitted to and approved in writing by an architectural committee, initially to be appointed by the Declarant (the "Architectural Committee"). Said plans and specifications shall be prepared by a duly licensed architect or other person approved by the Architectural Committee and shall include, where appropriate, the following: (a) plot plans, showing the location of all structures and showing grade elevations and drainage; (b) building plans, including floor, foundation and roof plans, with all materials there-for; (C) exterior elevations, surfaces, and sections, structural design and salient exterior details; (d) general exterior color schemes; and (e) landscaping plans, showing type, location and elevation of trees, bushes, shrubs, plants, hedges and fences. All such plans and specifications shall be submitted in writing over the signature of the Owner of the property or such OwnerÕs authorized agent. Approval shall be based, among other things, on adequacy of Site dimensions; adequacy of structural design and material; conformity and harmony of external design with neighboring structures; effect of location and use of improvements and landscaping on neighboring property, improvements, landscaping, operations and uses; relation of topography, grade and finished ground elevation of the property being improved to that of neighboring property; proper facing of main elevations with respect to nearby streets; preservation of view and aesthetic beauty with respect to fences, walls and landscaping; assurance of adequate access to the Association in connection with the performance of its duties and the exercise of its powers hereunder; conformity with such rules and regulations as may be adopted by the Architectural Committee in accordance with this Article; and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. In any event, the Architectural Committee shall have the right, but not the obligation, to require any Member to remove, trim, top, or prune any shrub, tree, bush, plant or hedge which such Committee reasonably believes materially obstructs the view of any Residential Element. The Declarant shall not be required to comply with any of the provisions of this Section 1.
Section 2. Number of Members and Term of the Architectural Committee Appointed by Declarant. The Architectural Committee shall consist of not less than three nor more than five members. The Declarant shall have the right to appoint all of the members of the Architectural Committee and their replacements until the first anniversary of the issuance by the California Department of Real Estate of the original public report for Project No. 1 (the "Anniversary Date"). After the Anniversary Date, the Declarant shall have the right to appoint a majority of the members of such Committee and their replacements until ninety percent (90%) or more of the Condominiums within Rancho Dominguez Townhomes have been sold, or until the fifth anniversary of the date of original issuance by the California Department of Real Estate of the final subdivision public report for Project No. 1 (the "Fifth Anniversary Date"), whichever shall first occur. After the Anniversary Date, the Board shall appoint all of the members of the Architectural Committee not appointed by the Declarant. After ninety percent (90%) or more of the Condominiums within Rancho Dominguez Townhomes have been sold or after the Fifth Anniversary Date, whichever shall first occur, the Board shall appoint all of the members of the Architectural Committee. Those appointed to the Architectural Committee by the Board shall be Members; the Declarant, however, need not appoint Members to the Architectural Committee. Those Members of the Architectural Committee appointed by the Board may be dismissed and replaced at any time and from time to time as determined by the Board in its sole and absolute discretion.
Section 3. Failure to Approve or Disapprove Plans and Specifications. In the event the Architectural Committee, or its representatives designated in accordance with Section 8 hereinbelow, fails to either approve or disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that the Architectural Committee has approved such plans and specifications. All improvement work approved by the Architectural Committee shall be diligently completed and constructed in accordance with approved plans and specifications.
Section 4. No Liability. Neither the Declarant, the Association, the Architectural Committee, nor the members or designated representatives thereof shall be liable in damages to anyone submitting plans or specifications to them for approval, or to any Owner of property affected by this Declaration by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications, or for any defect in any structure constructed from such plans and specifications. Such plans and specifications are not approved for engineering design. Every person who submits plans or specifications to the Architectural Committee for approval agrees, by submission of such plans and specifications, and every Owner of any of said property agrees that he will not bring any action or suit against the Declarant, the Association, the Architectural Committee, or any of the members or designated representatives thereof to recover any such damages.
Section 5. Notice of Noncompliance or Non-completion. Notwithstanding anything to the contrary contained herein, after the expiration of (a) one (1) year from the date of issuance of a building permit by municipal or other governmental authority for any improvements or (b) one (1) year from the date of the commencement of construction within Rancho Dominguez Townhomes of any improvements, said improvements shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article VII, unless actual notice of such noncompliance or non-completion, executed by the Architectural Committee or its designated representatives, shall appear of record in the office of the County Recorder of Orange County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion.
Section 6. Rules and Regulations. The Architectural Committee may, from time to time, in its sole discretion, adopt, amend and repeal reasonable rules and regulations interpreting and implementing the provisions hereof and establishing reasonable architectural standards for Rancho Dominguez Townhomes.
Section 7. Variances. Where circumstances such as topography, location of property lines, location of trees, configuration of lots, or other matters require, the Architectural Committee, by the vote or written consent of a majority of its members, may allow reasonable variances as to any of the covenants, conditions or restrictions contained in this Declaration under the respective jurisdiction of such Committee, on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of Rancho Dominguez Townhomes.
Section 8. Appointment and Designation. The Architectural Committee may, from time to time, by a majority of the members thereof, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons who shall have full authority to act on behalf of the Architectural Committee in all matters delegated.
Section 9. Review Fee and Address. All plans and specifications required by Section 1 hereof shall be submitted in writing for approval together with a reasonable processing fee. The address of the Architectural Committee is 17500 Red Hill Avenue, Suite 100, Irvine, California 92714, or such other place as may from time to time be designated by such Committee by a written instrument recorded in the office of the County Recorder of Orange County. The last instrument so recorded shall be deemed the Architectural CommitteeÕs proper address. Such address shall be the Place where the current rules and regulations, if any, of such Committee shall be kept.
Section 10. Inspection. Any member or agent of the Architectural Committee may, from time to time, at any reasonable hour or hours and upon reasonable notice, enter and inspect any property subject to the jurisdiction of the Architectural Committee as to its improvement or maintenance in compliance with the provisions hereof.
ARTICLE VIII
General Restrictions
Section 1. Except as provided in Section 11 of Article XVII hereof, no building, structure or improvement shall be constructed, erected, altered, placed or permitted to remain on any Common Area within Project No. 1 other than one or more Condominium Buildings containing Units and customary appurtenances designed for occupancy by not more than one Family.
Section 2. Neither Rancho Dominguez Townhomes, nor any portion thereof, shall be used for any purpose tending to injure the reputation thereof, or to disturb the neighborhood or occupants of adjoining property, or to constitute a nuisance, or in violation of any public law, ordinance or regulation in any way applicable thereto.
Section 3. None of the Condominiums shall be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or other such nonresidential purposes.
Section 4. Subject to the provisions of Section 3 of Article IV, the Recreation Area, if any, for each project shall be used for recreational, social, pedestrian and vehicular movement and other purposes authorized under this Declaration and such Supplementary Declarations as may be recorded pursuant to the provisions of Article II hereof.
Section 5. No projections of any type which are attached or affixed to any Condominium Building or any other building shall be placed or permitted to remain above the roof of any such Building or any other building with the exception of one or more chimneys and one or more vent stacks. No outside television or radio pole or antenna or other electronic device shall be constructed, erected or maintained on any Condominium Building, any other building or on any property within Rancho Dominguez Townhomes or connected in such manner as to be visible from the outside of any such building unless and until the same shall have been approved by the Architectural Committee.
Section 6. No shed, tent or temporary building shall be erected, maintained or used on any property within Rancho Dominguez Townhomes; provided, however, that temporary buildings for use and used only for purposes incidental to the initial construction and sale of improvements and dwellings on any portion of Rancho Dominguez Townhomes may be erected, maintained and used, provided that such erection, maintenance and use has been approved by the Architectural Committee and provided further that said temporary buildings shall be promptly removed upon the completion of such construction work.
Section 7. When Garages are not in use, Garage doors shall be closed. Garages shall be used only for the purpose of parking automobiles and other vehicles and equipment and storing an OwnerÕs household goods; provided, however, that all such uses shall be accomplished so that Garage doors can be closed. No open carport, if any, shall be used for the storage of any item other than an automobile. Owners shall park in their Garages and not, without Board approval, in parking spaces provided for quests.
Section 8. No mobile home, boat, truck, trailer, recreational vehicle of any kind or similar equipment shall be kept, stored, parked (other than temporarily), maintained, constructed or repaired, on any property within Rancho Dominguez Townhomes in such a manner as to be visible from any neighboring property; provided, however, that the provisions of this Section shall not apply to emergency vehicle repairs. Temporary parking shall mean parking of vehicles belonging to guests of Owners, delivery trucks, service vehicles and other commercial vehicles being used in the furnishing of services to the Association or the Owners and parking of vehicles belonging to or being used by Owners for loading or unloading purposes.
Section 9. No privy shall be erected, maintained or used upon any portion of Rancho Dominguez Townhomes, but a temporary privy may be permitted during the course of construction of a building, provided that such erection, maintenance or use has been approved by the Architectural Committee. Any lavatory, toilet or water closet which shall be erected, maintained or used upon any portion of Rancho Dominguez Townhomes shall be enclosed and located within a building permitted under this Declaration to be erected within Rancho Dominguez Townhomes, shall be properly connected with the sewer system and shall be so constructed and operated that no offensive odor shall arise or otherwise escape therefrom.
Section 10. No animals, fowl, reptiles, insects or poultry shall be kept within Rancho Dominguez Townhomes, except that domestic reptiles, dogs, cats, birds and fish may be kept as household pets upon said property, provided that they are not kept, bred or raised thereon for commercial purposes or in unreasonable quantities. All dogs permitted to be kept by this Section shall be kept on a leash within Rancho Dominguez Townhomes when not within an enclosed area of a Unit.
Section 11. Except for a sign of customary and reasonable dimensions, the area of which shall not. exceed four (4) square feet and advertising a Condominium for sale, such sign to be located within the Unit of such Condominium, no sign or other advertising device of any character shall be erected, maintained, or displayed upon any portion of Rancho Dominguez Townhomes; provided, however, that Declarant, its agents and designees, may erect and maintain such signs and other advertising devices or structures as they may deem necessary or proper in connection with the conduct of the DeclarantÕs operations for the development, improvement, subdivision and sale of the Condominiums within Rancho Dominguez Townhomes.
Section 12. No weeds, rubbish, debris, objects or materials of any kind shall be placed or permitted to accumulate upon any property within Rancho Dominguez Townhomes which render such property unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity. Trash, garbage, rubbish and other waste shall be kept only in sanitary containers. All service yards or service areas, clothesline areas, sanitary containers and storage piles on any property within Rancho Dominguez Townhomes shall be enclosed or fenced in such a manner that such yards, areas, containers and piles will not be visible from any neighboring property or street. Sanitary containers may be set out for a reasonable period of time before and after scheduled trash pick-up times.
Section 13. No plants or seeds infected with. noxious insects or plant diseases shall be brought upon, grown or maintained upon any part of Rancho Dominguez Townhomes.
Section 14. No noxious or offensive activity shall be carried on upon any property within Rancho Dominguez Townhomes, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood.
Section 15. All buildings and other structures upon Rancho Dominguez Townhomes and each portion thereof shall at all times be maintained in good condition and repair and well and properly painted. No windows shall be covered, either inside or outside, with aluminum foil or any other similar material.
Section 16. No structure, planting or other material shall be placed or permitted to remain or other activities undertaken on any slope area or any other area within Rancho Dominguez Townhomes which might damage or interfere with established slope ratios, create erosion or sliding problems, or interfere with established drainage systems or patterns. Any area drains, gutters, downspouts, berms, swales and other drainage facilities and systems not maintained by the Association shall be maintained by the Owner thereof in a neat, orderly, safe and sanitary condition and in such a manner as to facilitate the orderly discharge of water by means of same.
Section 17. All landscaping of every kind and character, including shrubs, trees, grass and other plantings shall be neatly trimmed, properly cultivated and maintained continuously by the Owner thereof, other than such landscaping, if any, within the Common Area maintained by the Association, in a neat and orderly condition and in a manner to enhance its appearance.
Section 18. During reasonable hours and after reasonable notice, the Association, or the Declarant or any agent thereof, so long as the Declarant is an Owner of at least twenty-five percent (25%) of the Condominiums, shall have the right to enter upon and inspect Rancho Dominguez Townhomes or any portion thereof and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration are being complied with and shall not be liable for or deemed guilty of trespass by reason thereof.
Section 19. Each Member shall be liable to the Association for any damage to the Common Area, Recreation Area or any Maintenance Area under the Association's jurisdiction or to any of the equipment or improvements thereon which may be sustained by reason of the negligence or willful misconduct of said Member or of his Family, relatives, guests or invitees, both minor and adult.
Section 20. As used herein, the term "drainage pattern and system" includes, but is not necessarily limited to, underground drain pipes and patterns of drainage over Common Area and Recreation Area. The owner of the Common Area or Recreation Area shall have the right to use the established drainage pattern and system for the purpose of draining his Common Area or Recreation Area and improvements thereon; provided that such right of drainage shall not include the right to discharge noxious or offensive matter. Water from any Common Area or Recreation Area and the improvements thereon may drain or flow into adjacent streets. Water shall not be allowed to drain or flow on to adjacent Common Area or Recreation Area, except to the extent provided for by the established drainage pattern and system. All slopes or terraces on any Common Area or Recreation Area shall be maintained as provided herein so as to prevent any erosion thereof upon adjacent streets or adjoining property.
Section 21. No property within Rancho Dominguez Townhomes shall be used in any manner to explore for or to remove any water, oil or other hydrocarbon minerals of any kind, gravel, earth or any earth substance or any other mineral of any kind. No machinery or equipment of any kind shall be placed, operated or maintained upon a project, except such machinery or equipment as is usual and customary in connection with the use or maintenance of a private residence.
Section 22. None of the restrictions contained within this Article shall limit or be deemed to limit the rights of Declarant provided for in Section 11 of Article XVII hereof.
Section 23. (Revised by Amendment to CC&Rs August 20, 1979) No structural alterations to the interior of any Unit shall be made, nor shall any plumbing or electrical alteration within any bearing wall be made by any individual Owner without the prior written consent of the Architectural Committee.
Section 24. Each Owner shall, subject to the terms and provisions of this Declaration, including, but not limited to, those provisions pertaining to maintenance and repair by the Association and the Article hereof entitled "Architectural and Landscaping Control," and subject also to the terms and provisions of any Supplementary Declaration recorded in accordance with the terms and provisions of Article II hereof:
(a) Be responsible for the maintenance and repair of the glass doors, if any, and windows (including cleaning the interior and exterior thereof) enclosing his Unit;
(b) Be responsible for the maintenance and repair of the plumbing, electrical, air conditioning (if any), cable television, utilities and heating systems servicing his Unit and located within or underneath the outside perimeter of the exterior bearing wall of said Unit, and all appliances and equipment located in said Unit;
(c) Repair, maintain or replace Garage doors, including, without limitation, hinges, springs and
other parts of the door mechanism;
(d) Maintain, repair, replace and restore all portions of his Unit, including, without limitation, the interior walls, ceilings, floors and doors in a clean, sanitary and attractive condition; and
(e) Maintain all plants and other growing things placed or located within the nonresidential elements of his Unit, and such plants or other growing things shall be permitted to encroach into or onto the Common Area.
In the event such repair and maintenance are not so accomplished by any such Owner, the Association or its delegates shall have the right to enter, at reasonable times, the Unit to effect such repair, and the cost thereof shall be charged to the Owner of the Unit, and, if not paid in a timely manner, shall be a Special Assessment.
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