If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates State and Federal Fair Housing Laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive covenant language pursuant to subdivision (c) of Section 12956.1 of the Government Code. \V}{EN RECOREED, lvL&IL TO: tiiiUiiiIIIIIIIIIlIiIIIlIIIIIIIIIIIIIIlI 2OD4O616—O684O Scott W. Williams, Esq. 0i1612004 O342:32 P11 299West Hillcrest Drive 120040055420 GM Suite 116 Ventu;a county Recorder ThousandOaks, CA 91360 Recorder's Use Only FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND RESERVATION FOR EASEMENTS FOR RANCHO MADERA, A HOMEOWNERS ASSOCIATION This First Amendment to Declaration of Establishment of Covenants, Conditions and Restrictions, and Reservation of Easements for RANCHO MADERA,a Homeowners of 74t, Association is made this 2ifd day 2004,by the undersigned with reference to the following facts: A. A Declaration of Covenants, Conditions and Restrictions, andReservation of Easements for the real property was recordedas Document Number 00-158322 on October 4, 2000, in the office of the County Recorder of Ventura County, which affects the following property, and any property annexed to, Lots 8 through 14, inclusive; Lots 16 through 20, inclusive; Lots 73 through 75,inclusive, of Tract 5124, as shown on a map recorded in Book 139 of Miscellaneous Records (Maps), Pages 62 through 73, inclusive, Records of Ventura County, California Non-exclusive easements for (i) ingress, egress, landscape maintenance and irrigation purposes on, over and across portions of Lot 16 of Tract 5124, as described above; (ii) ingress, egress, landscape maintenance and irrigation purposes on, over and across portions of Parcel B of Tract 5124, as illustrated on Exhibit "A" attached hereto; and (iii) for maintenance of certain Project Walls, as illustrated on Exhibit "A" attached hereto ("Association Maintenance Areas"). B. The undersigned have confirmed and placed in therecords of the Association the signatures representing the necessary voting power of the lot owners of the property covered by said Declaration, reflecting their confirmation and approval to make the First Amendment which follows. C. The undersigned desire to amend and by this First Amendmentto said Declaration do, in fact, amend said Declarationas follows: Page 1 of 2 Article 8, Section S.12(c), of the Declaration is amended to read as follows: "c. Driveway Pai-lijnQ. Vehicles not otherwise prohibited by this Declaration, or by reasonable rules and regulations adopted by the Eoard, may be parked in the driveway of an Owner's Residence." IN WITNESS WHEREOF, this First Amended Declaration has been adopted and of 7ne 2004. provided above this Vid day t RANCHO MADERA HOMEOWNERS ASSOCIATION By: Sc at 24fr' Print Nai,p9: ''" ',, By:________________________________ Name: i/"' Print , Secretary CERTIRCATE I, the undersigned, the duly elected and acting Secretary of the Rancho Madera Homeowners Association, do hereby certi& that the foregoing FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND RESERVATION FOR EASEMENTS were adopted on 7'tit ,2004. This Certificate is executed under 2004 in Sinñ Valley, California ACKNOWLEDGMENT STATE OF CALIFOpJJA ) ) ss COUNTY OF VENTURA On Jc.-"e a me,//t78/ A9xSiEZ'1,9 ,2004 before anotary public in and for the State of California, personally ppeared SCOTT W. WTILLIAMS and WILLIAM GANTZER, p€monaily known tu (at proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my and official seal., Signature____________ Notary Public - CaIW.mia 'C *nWr. County 2 of 2 Page This isitocertifythat nact Ut satrue and co,y at the dccumnt recorded officeof The County 1, The Recorin nquser eç at Ventura county, CIUornia,on IU[CNE( 4 ZbOD As DocLlrnont FWSFA dEE CAN tritE; COMPAt No. - — InOøIc -2 ,pae. OrderNo. FIR*TA6ERICANTIT tc By Whenrecorded retail PAONECAaLnLAf3lAt' wROLM & wJlqrON Von 19100 flgfloOt DEcLMflONOI COvErisN'rS coNDm0 AIW BtsfliCT10AND OF EAM rOR RsncuO MADE1k oofl4;2E TABLE OF CONTENTS • Page ARTICLE 1 DEFINITIONS 3 3 1.1 AnnexationProperty 1.2 Architectural Control Committee (or "ACC") 3 1.3 Architectural Standards 1.4 Articles 1.5 Assessments 3 1.6 Association 4 1.7 Association Maintenance Areas 4 1.8 Association Management Documents 4 1.9 Board 4 1.10 By-Laws 4 1.11 City 1.12 ComrnonArea 4 . 4 1.13 CoinmonExpenses • 1.14 COUnty 5 1.15 Detention Basin Declaration 1.16 Declarant 5 1.17 Declaration 5. US DRE 5 5 Fuel Modification Areas • 1.20 6 Irnprovethents 1.21 Lot 6 6 1.22 Member 6 1.23 Mortgage 6 1.24• Mortgagee 7 1.25 Mortgagor 1.26 Notice andHearing 7 1.27 Notice of Annexation 1.28 owner 7 7 1.29 Plmse 7 1.30 Project 7 1.31 Project Walls 7 1.32 Public Agencies 7 1.33 Residence S 1.34 Rules and Regulations 8 1.35 Application of Definitions 8 ARTICLE 2INTRODUCTION TO RANCHO MADERA 2.1 Development Plans .. 8 8 2.2 Membership in Association 062200/t&22/P90000-001112420&I 1 Page S 2.3 Annexation of Additional Property 8• 2.4 Development Control 9 2.5 Easements Reserved Over Common Area 9 2.6 Mon—Liability of Declarant ARTICLE 3 RESERVATION OF EASEMENTS AND OTHER 9 PROPERTY RIGHTS IN THE COMMON AREA .9 3.1 Amendment to Eliminate Easements 10 3.2 Owners' Easements 10 3.3 Limitations on Owners' Easement Rights 12 3.4 Waiver of Use 12 .3.5 Easements for Utilities 13 3.6 Easements for Maintenance of the Common Area 3.7 Easements for Maintenance of Association Maintenance . 13 13 3.8 Easements for Drainage 13 3.9 Easements for Construction and Sales 14 3.10 Reservation of Construction Rights By Dectarant 14 3.11 Easements For Master Antennae And Cable Television 14 .3.12 Utilities Shown On The Tract M 14 3.13 AssociationAccess Easement 15 3.14 Project Wall Easements 15 3.15 Easements For Public Services 3.16 Easements For Public Utilities. 15 3.17 Support, Settlement And Encroachment 16 3.18 Title to the Common Area 17 ARTICLE 4 TEE ASSOCIATION 17 4.1 Membership - 17 4.2 Classes of Membership . 17 4.3 ClassA 17 4.4 ClassE 4.5 Special Voting Procedures forElection of the Board 18 18 4.6 Voting Rights 18 4:7 Voting; Joint Owners 18. 4.8 Adjustment of Voting Rights 19 4.9 Vesting of Voting Rights 19 4.10 Suspension of Voting Rights 19 4.11 Transfer 19 4.12 Proxies 19 4.13 Record Dates U. 062200/16:2E /P90000-OOI/124206.I Page POWERS AND DUTIES OF THE ASSOCIATION . ARTICLE 5 20 5.1 Management Body 20 5.2 Powers 20 5.3 Duties 23 5.4 Limitations on Board Action 28 5.5 Licenses, Easements and Rights ofWay 29 5.6 New Improvements . • 29 5.7 AssociationRules and Regulations • 29 5.8 Schedule of Fines and Penalties • 30 ARTICLE 6 ASSESSMENTS 30 6.1 Creation of the Lien and Personal Obligation of Assessment 30 62 Purpose of Regular Assessments: Levy and Collection 31 6.3 Regular Assessments -Basis .31 6.4 Special Assessments 32 6.5 Emergency Situations 32 6.6 Compliance Assessments 33 6.7 Date of Commencement of Regular Assessments: DueDates 33 .34 6.8 Certification of Payment 6.9 Delivery of Statement 34 6.10 Reserves 34 6.11 Offsets and Waiver Prohibited 35 6.12 Exempt Property 6.13 Contribution to Working Capital of the Association 35 ARTICLE 7 EFFECT oF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION 35a 7.1 Effect of Nonpayment of Assessments: Remedies of the Association 35 7.2 Notice of Delinquent Assessments 36 7.3 Foreclosure Sale 36 7.4 Curing of Default; Release of Lien 36 7.5 Cumulative Remedies 36 7.6 Mortgagee Protection 36 7.7 Alternatite Dispute Resolution -Assessments 37 ARTICLE 8 USE REST1UCTIONS 37 8.1 Residential Use 37 06220W1622/P90000-001J124206.3 111 Page 38 8.2 Business and Commercial Activity 38 8.3 Mandatory Installation and Mainten2nceof Landscaping Areas 39 8.4 Use of Common Area and Association Maiàtenance 39 8.5 Conduct Affecting Insurance 39 8.6 Liability for Damage to the Common Area .39 8.7 Signs 40 8.8 Maintenance of Animals 40 8.9 Quiet Enjoyment 40 8.10 ImprovementS .. 40 8.11 1Windows 41 8.12 (Parking 42 . 8.13 Regulation of Parking . 42 Vehicle Usage in Common Area. 42 8.15 Declarants Improvements 42 . 8.16 Solar Heating Systems 42 8.17 Roof Mounted Equipment 42 8.18 Leasing 43 8.19 Drilling . . . . 43 8.20. Post-Tension Slab Construction .. 44 8.21 Trash; Outdoor Fires 44 8.22 Alteration of Drainage Conditions 44 8.23 Water Softeners 44 8.24 View Restrictions 8.25 Antennas; Exterior Structures 8.26 Prohibition Against Further Subdivision 46 8.27 Temporary Buildings .8.28 HazardousWaste or Materials 8.29 Exemption of Declarant 47 ARcifirEaURa ANDLAt1DSCAPINGCONTROL ARTICLE 9 47 9.1 Architectural Control 47. 9.2 Architectural Control Committee 48 9.3 Meetings of the Architectural ControlCommittee 48 9.4 Architectural Approval -Reviewof Plans and Specifications 49. 9.5 Regulafios and Fees for ArchitecturalReview 49 9:6 Review of Plans and Spetificatioi 51 of Architectural Control Committee tO Review 9.7 Submittal to City -Right 51 9.8 Approval of City 51 9.9 Performance of Work 52 9.10 Inspection of Work iv D622OO/1&2 1P90000.001i124206.I . Page Approval Not Waiver . 9.11 53 9.12 No Liability ARTICLE 10 REPAIR AND MAThITENANCE 54 10.1 Repair and Maintenance by the Association . 54 10.2 Repair and Maintenance by Owner 56 10.3 Maintenance of Public Utilities 56 10.4 Party Walls 5 10.5 Damage and Destruction Affecting a Residence 57 10.6 Damage and Destruction Affecting the Association Maintenance Areas . . . 57 ARTICLE 11 DAMAGE OR DESTRUCTION TO THE COMMON AREA 58 11.1 Restoration of Damaged Common Area 58 11.2 Retention of Excess Insurance Proceeds in General Fund 58 11.3 Notice.to Owners and Mortgagees 58 11.4 Requirements of Mortgagees 59 11.5 Damages by OwnerE . 59 11.6 Notification by Association of Defects 59 ARTICLE 12 CONDEMNATION 59 . 12.1 Distribution of Awards -CommonAreaS. . 59 12.2 Board of Directors as Attorney-in-Fact . 59 . . . ARTTCLE 13 COVENANT AGAINST PARTITION 59 . 13.1 Covenant Against Partition 59 . . .. ARTICLE 14 INSURANCE 14.1 Required Insurance Coverage . . . . 60 14.2 Overriding Insurance Requirements 61 14.3 Other Insurance Coverage 61 14.4 Notice of Cancellation of Insurance 61 14.5 AnnualReviewofCoveiage 61 14.6 Waiver by Owners . 62 14.7 Premiums, Proceeds and Settlement 62 . . 62 14.8 Rights and Duties of Owners to Insure . 14-9 Trustee for Policies 63 06fl00/16:2!/P90000—OO1/124206.I V Page . 63 14.10 Mortgage Clise ARTICLE 15 MORTGAGE PROTECTION . 63 63 15.1 Mortgagee Proteedon Provisions 67 Provisions 15.2 Violation of Mortgagee Protection 67 OBLIGATIONS ARTICLE 16 ENFORCEMENT OF BONDED 67 16.1 EnfQreement of Bonded Obligations 68 OF DECLAR&NT ARTICLE 17 INTEREST AI'1D EXEMPTION 68 17.1 Exemption of.Declarant 69 17.2 Reservation of Rights 69 17.3 Assignment of Declarants Rights 69 17.4 Creation and Relocation of Easements 69 17.5 Amendment of this Article . 70 PROPERTY ARTICLE 18 ANNEXATION OF ADDITIONAL 70 18.1 Phased Development of the Project 70 Plans 18.2 Annexation Pursuant to Declarants Development 70 18.3 Notice ofAnnexadOfl 71 18.4 EffectiveDateofAnflexation : 71 18.5 Right of De-Annexation 71 18.6 Amendments to Notices of Annexation 71 Phases 18.7 Reciprocal Cross-asemefltS Between 72 18.8 Failure to Annex Annexation Piopefty 72 ARTIaB 19 GENERAL PROVISIONS 72 • 19.1 Enforcement 73 19.2 Dispute Notification and ResolutionProcedures 76 19.3 Severability 76 19.4 Term 76 19.5 Construction 76 19.6 SingularincludesPlUral 76 19.7 Aritendments 19.8 Encroachments 19.9 Notices 79 Purchasers 19.10 Delivery of Association Documents to Prospective fl . O6flOO(16I/290000-0au124206.t
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