Related Rules & Regulations . . .

Related CC&Rs . . .

Section 6. "Common Area" shall mean and refer to the entirety of each project except the Units in each such project and, without limiting the generality of the foregoing, specifically including all structural projections within a Unit which are required for the support of a Condominium Building, gas, water, waste pipes, all sewers, all ducts, chutes, conduits, wires and other utility installations of the structures wherever located (except the outlets thereof when located within Units), the land upon which the structures are located, the air space above these structures, all bearing walls, columns, floors, the roof, the slab foundation, common stairways, window glass and the like.

Section 7. "Common Expenses" shall mean and refer to the actual and estimated costs of: maintenance, management, operation, repair and replacement of the Common Area and Recreation Area (unless the cost of such repair and replacement is otherwise provided for in the Article hereof entitled "Destruction of Improvements") and any Maintenance Area; unpaid Assessments; management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and other employees; utilities, trash pick-up and disposal, gardening and other services benefiting the Common Area, Recreation Area and any Maintenance Area; fire, casualty, liability, workmen's compensation and other insurance covering the Common Area, Recreation Area and any Maintenance Area; reasonable reserves as appropriate; bonding of the members of the management body; taxes paid by the Association; amounts paid by the Association for the discharge of any lien or encumbrance levied against the Common Area or Recreation Area or any portion thereof; amounts paid or incurred by the Association in collecting Assessments pursuant to Section 1 of Article VI hereof, including amounts expended to purch~I5~ a Condominium in connection with the foreclosure of an Assessment lien against such Condominium; and expenses incurred by the Association for any reason whatsoever in connection with the Common Area, Recreation Area or any Maintenance Area, this Declaration or any s Declaration of Covenants, Conditions and Restrictions recorded in accordance with Article II of this Declaration, the Articles or By-Laws or in furtherance of the purposes of the Association or in the discharge of any obligations imposed on the Association or the Board by this Declaration or any such Supplementary Declaration.

Section 8. "Condominium" shall mean and refer to an estate in real property in a project (as to that project only) consisting of a fractional undivided fee interest in common with the other Owners in the project in the Common Area of such project, together with a separate fee interest in a Unit and all right, title and interest appurtenant thereto. Such fractional undivided interest in common of each Owner shall be as described in the instrument conveying a Condominium to such Owner and shall not be changed except as provided in Section 10 of Article XIII hereof and in Section 8 of Article XIV hereof.

Section 9. "Condominium Building" shall mean and refer to a separate building containing one or more Units or elements of Units.

(a) "Garage" shall mean and refer to that portion of a Unit designed for use as a garage, and shall be identified on the Condominium Plan by a Unit number and the letter "G" and shall consist of the interior undecorated surfaces of the perimeter walls, floors, ceilings, windows (if any) and doors of each Garage element and the space encompassed thereby, including the outlets of all utility installations therein.

(b) "Patio" shall mean and refer to that portion of a Unit designed for use as a patio, and shall be identified on the Condominium Plan by a Unit number and the letter "B" and shall consist of the contiguous surfaces of any Common Area walls or fences, the surfaces of the walls of contiguous Condominium Buildings, with the upper and lower horizontal boundary of the Patio element being planes as shown on the Condominium Plan, and the space encompassed by all of the foregoing. In the event that the contiguous Common Area land or improvements do not completely enclose the Patio element, the remaining boundaries of the airspace contained within said Patio element shall be as delineated on the Condominium Plan.

(c) "Residential Element" shall mean and refer to that portion of a Unit designed for use as a residence, and shall be identified on the Condominium Plan by a Unit number only and shall consist of the interior undecorated surfaces of the perimeter walls, floors, ceilings, windows and doors of each Residential Element and the space encompassed thereby, including the outlets of all utility installations therein and also including the interior surfaces of the firebox of each fireplace extending from the floor to the top of each fireplace, if any, and the space encompassed thereby, which adjoins any Residential Element.

Section 17. "Member" shall mean and refer to every person or entity who holds membership in the Association as provided in Article III, Section 1 hereof.

Section 18. "Owner" shall mean and refer to one or more persons or entities who are the record owner, including the Declarant, or the record vendee of a Condominium under an installment sales contract, of the fee simple title to any Condominium, but shall not mean or refer to those having such interest merely as security for the performance of an obligation.

Section 23. "Unit" shall mean and refer to the elements of the Condominium which are not owned in common with the Owners of other Condominiums in a project and shall consist of a Residential Element, together with one or more of the other Condominium elements set forth in this Article. Each Unit shall be identified on the Condominium Plan with a separate number. In interpreting deeds, leases, declarations and plans, the existing physical boundaries of a Unit constructed in substantial accordance with the Condominium Plan shall be conclusively presumed to be its boundaries rather than the description expressed in the deed, lease, declaration or plan regardless of settling or lateral movement of the Condominium Building and regardless of minor variances between boundaries as shown on the plan or in the deed, lease or declaration and those of the Condominium Building as constructed.

ARTICLE III

Membership and Voting Rights in the Association

Section 1. Membership. Every person or entity who is a record owner of a fee interest in any Condominium which is subject by this Declaration to assessment by the Association shall be a Member of the Association. Any person or entity having any such interest merely as security for the performance of an obligation shall not be a Member. Membership in the Association and the right to vote shall be appurtenant to, and may not be separated from, the fee ownership of any Condominium which is subject to assessment by the Association. Ownership of such Condominium shall be the sole qualification for membership in the Association.

Section 2. Transfer. The membership held by any record Owner of a Condominium shall not be transferred, pledged or alienated in any way except upon the sale or assignment of such Condominium and then only to the purchaser or assignee thereof. Any attempt to make a prohibited transfer will be void and will not he reflected upon the books and records of the Association. In the event any Owner shall fail or refuse to transfer the membership registered in his name to the purchaser of his Condominium, the Association shall have the right to record the transfer upon the books of the Association.

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 Owner's 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 this 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.

Section 1. General. In addition to the duties and powers enumerated in its Articles and By-Laws, or elsewhere provided for herein, and without limiting the generalities thereof, the Association shall:

(a) Own, lease, maintain, control and otherwise manage, or cause to be managed, in a neat, safe, attractive, sanitary and orderly condition, the Recreation Area (including, without limitation, any tennis courts, clubhouse, pools, playground equipment and cabanas), the Common Area (and any recreational areas tot lots, private streets and driveways, and all improvements, and facilities therein not otherwise specifically provided for in the Declaration) of each project within Rancho Dominguez Townhomes, with respect to the Recreation Area, all facilities, improvements, walls, fencing, buildings, fire hydrants, utility facilities, parking areas, drainage courses and facilities and landscaping thereon and thereunder, including (subject to the provisions of the Article hereof entitled "Destruction of Improvements") the reconstruction, repair or replacement thereof when necessary or appropriate, the exterior of all Condominium Buildings as further provided in subsection (i) hereinbelow and all other real or personal property acquired by the Association.

(b) Subject to the provisions of the Article hereof entitled "Insurance", maintain such policy or policies of insurance as the Board deems necessary or desirable in furthering the purposes of and protecting the interests of the Association and its Members.

(c) Establish and maintain a working capital and contingency fund in an amount to be determined by the Board.

(d) Enforce the provisions of this Declaration by appropriate means, including, without limitation, the expenditure of funds of the Association, the employment of legal counsel, the commencement of actions, and the promulgation of the Association Rules by the Association.

(e) Maintain, or cause to be maintained, such Maintenance Areas as may be established from time to time by any Supplementary Declaration of Covenants, Conditions and Restrictions recorded in accordance with Article II hereof or by contract between the Association and the Declarant or any public entity.

(f) Pay any real and personal property taxes and other charges assessed against the Recreation Area unless separately assessed to the Owners.

(g) Obtain, for the benefit of all of the Recreation Area, all telephone, water, gas and electric services and refuse collections.

(h) Subject to the limitations of Section 3(d) of Article IV hereof, grant easements where necessary for utilities and sewer facilities over the Recreation Area to serve Rancho Dominguez Townhomes.

(i) Maintain, or cause to be maintained, the exteriors of all Condominium Buildings as originally improved by the Declarant, or as may be further improved or modified with the consent of the Association and the Board, in good condition and repair and in such a manner as to enhance their appearance and place such exteriors in an attractive, neat and orderly condition, which maintenance shall include, but shall not be limited to, painting, and repair and replacement of roofs, gutters, downspouts, and exterior building surfaces.

(j) Maintain, or cause to be maintained, the trash receptacle areas in each project, which areas shall be enclosed by a six foot high masonry wall with gates, the location of which shall be subject to approval by the City Planning Director.

Section 4. Entry and Emergency Powers. The Association or any person authorized by the Association may enter any Condominium in the event of any emergency involving illness or potential danger to life or property, or in non-emergency situations, after reasonable notice and at reasonable hours, for the purpose of performing its duties and exercising its powers as set forth in this Declaration (including entry when necessary in connection with construction, maintenance, or repair for the benefit of the Recreation Area or Common Area or the Owners in common). Any damage caused by said entry shall be repaired at the cost of the Association.

ARTICLE X

Easements

Section 1. Encroachments. Declarant shall grant to each Owner an easement over all adjoining property (including Units, Common Area and Recreation Area) for the purpose of:

(a) Accommodating trellises, eaves, overhangs, balconies and other similar projections created during the original construction of Rancho Dominguez Town-homes or the reconstruction or repair of a Condominium Building in accordance with plans and specifications approved by the Architectural Committee;

(b) Accommodating minor encroachments due to original engineering or surveying errors, errors in original construction, errors in reconstruction or repair in accordance with the plans and specifications approved by the Architectural Committee, or settlement or shifting or movement of a building or other structure; and

(c) Maintaining, repairing and reconstructing such trellises, eaves, overhangs, projections and encroachments.

Each Owner agrees, for himself and his heirs, successors, executors, administrators and assigns, and the Association agrees, for itself and its successors and assigns, that each will permit free access, at reasonable times and upon reasonable notice, by each Owner for whose benefit an easement shall be granted hereunder for the purpose of exercising his rights with respect to such maintenance, repair and/or construction.

Section 2. Maintenance Area, Recreation Area and Common Area. The Association is hereby declared to have a license in favor of the Association, its agents and representatives, to traverse upon such property contiguous to Recreation Area, Common Area or any Maintenance Area as shall be necessary to gain access to such areas. Each Owner agrees, for himself and his heirs, successors, executors, administrators and assigns, that he will permit free access by the Association and its authorized agents and representatives for the purpose of exercising its rights and duties with respect to Recreation Area, Common Area and any Maintenance Areas.

Related BY-LAWS . . .

Section 1. Classes. The Association shall have two classes of voting membership:

(a) Class A. Class A Members shall be all those Owners entitled to membership as defined in Section 1 of Article III hereof, with the exception of the Declarant. Class A Members shall be entitled to one (1) vote for each Condominium in which they hold the interest required for membership by Section 1 of Article III hereof. When more than one person holds such interest in any condominium, all such persons shall be Members, and the vote for such Condominium shall be exercised as they determine among themselves, but in no event shall more than one vote be cast with respect to any such Condominium. Any votes cast with regard to any such Condominium in violation of this provision shall be null and void.

Section 2. Restrictions on Voting Rights. The voting rights of both classes of membership shall be subject to the restrictions and limitations provided in the Declaration, the Articles and these By-Laws.

Related Davis-Stirling Act . . .