BELLEZA
------------------------------------------------------------------------ Rules
& Regulations
TABLE OF CONTENTS
INTRODUCTION
REASON FOR THE CC&Rs
COMMUNICATION
PETS AND AMIMALS
PARKING AND VEHICULAR RESTRICTIONS
GARAGES
VEHICLE REPAIR
TRASH CONTAINERS
NOISE CONTROL
LANDSCAPING
SIGNS
GENERAL RULES & REGULATIONS
ENFORCEMENT OF RULES AND REGULATIONS
STREET MAP & NEIGHBORHOOD PLAN
INTRODUCTION
The Rules and
Regulations, contained herein, are issued by the Board of Directors as
authorized by the governing documents of the Belleza Community Association.
This Information Handbook is merely a brief synopsis of the Belleza Covenants,
Conditions and Restrictions (CC&Rs). The official recorded CC&R
document should be read by all homeowners and tenants and has precedent over
this handbook.
The Belleza
Community Association falls under the jurisdiction of the City of San Marcos
and all city ordinances, codes and rules apply.
These Rules and Regulations are
intended as a guide for the conduct and activities of all members, tenants,
residents and their guests. Each owner or resident living within Belleza is
entitled to the same rules and standards equally.
The CC&Rs, and the enforcement
thereof, are for the benefit of all homeowners. The goal is to serve the
interests of both the individual owner and the community of all homeowners.
The CC&Rs are part of a
legally binding contract between each individual owner and the group of all
other homeowners in the Belleza development. Homeowners sign this contract when
they close escrow on their property. CC&Rs are
equitable servitudes that run with the land and are binding on all owners at Belleza. (CA Civil Code 1354)
REASON FOR
THE CC&Rs
The CC&Rs purpose is to
protect your real estate investment and the future desirability of your
property in the real estate market place. Also, to instill a framework of
courtesy and mutual respect for your neighbors and their quality of life.
COMMUNICATION
Many disputes in homeowner
associations are a result of lack of communications. It is very important for
every homeowner to take the initiative to find out what is going on in the
association and to provide comments to the Board of Directors. Except for rare
instances when a vote by the homeowner is necessary, the Association is not
required to notify homeowners about all of the decisions made by the Board. It
is the homeowner’s obligation to take the initiative to stay informed.
PETS AND
AMIMALS
For most people their pets are an
important part of their family. Therefore, this policy is a reflection of the
importance of pets while it is an attempt to balance the concerns of the
Association and all of the homeowners. Residents who are disturbed by any
animal are urged to first contact the pet owner to resolve the matter. The next
step is to call San Diego County Animal Control (Barking Dog Complaints) at
760-746-7303. Issues involving pets that affect the Association should be
reported to the Board of Directors by contacting the Property Manager. The
association reserves the right to expel or control any pet that becomes a
nuisance.
Any animal that creates excessive
or disruptive noise such as dogs barking during late night and early morning
hours or continually during daytime hours must be removed from the Association.
Note: Special collars are available, from veterinarians or pet stores that
prevent excessive barking.
All dogs within the community
shall have a current license tag and preferably a nametag containing a phone
number. Loose, unattended dogs and other animals without a license may be
reported to the San Diego County Animal Control for pick-up. Cats should be
controlled when outside of the house to reduce the threat to native birds and
reptiles.
Any litter deposited by pets on
lawns, sidewalks, flowerbeds or any community common areas must be removed
immediately by the owner of the animal involved. Please be considerate of your
neighbor’s property and pick up after your animal. All pets must either kept in
an enclosed area or on a leash held by a person capable of controlling the
animal (CC&Rs 2.6)
No exotic animals, horses,
livestock, rabbits, poultry, or other farm animals of any kind shall be kept in
or outside of any home. The ordinary domestic pets, including dogs, cats, fish,
gerbils and birds inside of cages, may be kept as household pets within any
home provided that they are not bred, or raised for commercial purposes or in
unreasonable quantities or sizes.
PARKING
AND VEHICULAR RESTRICTIONS
Please drive slowly and with
caution through the streets and gates of Belleza. There are many children and
animals to watch out for on these curvy streets.
Only Authorized Vehicles may be
parked within Belleza’s gates.
Authorized Vehicles are standard passenger vehicles including
automobiles, passenger vans designed to accommodate ten (10) or fewer people,
motorcycles, and pick-up trucks having a manufacturer’s rating or payload
capacity of one (1) ton or less. Authorized Vehicles may be parked on any
portion in Belleza intended for parking of motorized vehicles. No owner may
park a vehicle in a manner which the Association determines either restricts
the passage of pedestrians or vehicles over driveways, streets, gates or
sidewalks, or extends beyond the limits of the space where the vehicle is
parked. A vehicle shall be considered stored, and can be towed, when it has
been left standing without having been moved more than one tenth of a mile
within seventy-two (72) hours.
Because of the narrow width of the
streets in Belleza the fire department and the City of San Marcos Code (Chapter
17.64 Section #.120) says that we must provide a clearance of at least 24 feet
on all streets so that emergency and fire equipment can have unobstructed
passage.
Daytime parking is permitted
only on the sidewalk side of the street.
On streets with a sidewalk on both sides you may park only on the side
containing the mailboxes.
No vehicle may be parked
overnight on any street in Belleza.
The Board may establish additional
regulations regarding any parking areas not assigned to individual lots,
including designating “parking”, “guest parking” and “no parking” areas. The
board may take all actions necessary to enforce all parking and vehicle use
regulations within Belleza. This includes removing violating vehicles from
Belleza, pursuant to California Vehicle Code Section 22658.2 or other
applicable laws. If the Board fails to enforce any of the parking or vehicle
use regulations, the City of San Marcos may enforce such regulations.
No maintenance or restoration of any
vehicle may be conducted within Belleza, except in an enclosed garage when the
garage door is closed, provided such activity is not undertaken as a business.
Also provided that such activity may be prohibited entirely by the Board if the
Board determines that it constitutes a nuisance.
GARAGES
Garages are to be maintained for the storage of automobiles. Homeowners shall not convert or modify any garage so as to prevent its use for vehicular parking. Garage doors shall be closed at all times except when moving vehicles or when continued access is required.
VEHICLE REPAIR
No inoperable, dismantled or
wrecked vehicle or equipment shall be parked, stored, deposited or repaired on
the streets, driveways or properties within the development. Such vehicles are
subject to tow at the owner’s expense.
TRASH
CONTAINERS
No trash may be kept or permitted
within Belleza, or any public street abutting or visible from Belleza, except
in closed containers located in an appropriate area screened from public view.
Trash containers may be exposed to the view of neighbors only when set out at
the curb for a reasonable time (not to exceed twelve (12) hours) before and
after scheduled trash collection hours).
NOISE
CONTROL
Noise can be a problem any time
but particularly during the summer months when windows are open. Please be
considerate of those living close to you and keep the noise volume as low as possible.
If you experience a noisy neighbor
the first thing to do is to talk with you neighbor and explain your frustration
without being offensive. It that does not work then call the Sheriff’s
Department at (760) 510-5200. Noise control is within the Sheriff Department’s
expertise and they know how to handle these situations.
Please make every effort to avoid
disrupting your neighbor’s quiet use and enjoyment of their homes. Following a
few simple guidelines will greatly enhance the living environment at Belleza.
•
Notify your neighbor before you have a party, barbecue, or social
function that may involve music or loud talking.
•
Radios, televisions, musical instruments, party activities, surround
sound systems and other noise sources (including barking dogs, car horns or
alarms and extended warming up of car engines) must be restricted at all times
to a level that does not disturb other neighbors.
• Observe “quiet hours” between
10:00 PM and 8:00 AM. (City Ordinance)
•
It is the responsibility of parents to see that their children do not
unnecessarily disturb their neighbors. Parents are responsible for any damage
caused or incurred by their children.
•
Do not use or attach to your home any horns, sirens, bells, whistles,
bright lights, outdoor speakers or other devices that may disturb your
neighbors. Security devices are an exception.
•
Be respectful and courteous of your neighbor’s reasonable requests
regarding noise and nuisances.
LANDSCAPING
Your front yard is maintained
for you by a professional landscaping service. It is still your property. You are responsible for making
sure that your yard is safe, free of litter (including dog droppings) and free
of any dangerous or hazardous materials. If there is a question concerning
maintained landscaping you should contact the Management Company.
The behind the fence back and side
yard planting, drainage, irrigation and maintenance (including fences) is your
responsibility. But before you do any building, paving or landscaping, anywhere
your property, you must first submit your plans to the Design Review Committee
for approval. The homeowner is responsible for obtaining any permits and/or
approvals that are necessary. You must also complying with all of the
requirements of the City Of San Marcos. You can contact the Management Company
if you need the proper forms to fill out.
SIGNS
No sign, notice, flyer, poster,
billboard or other similar items, may be posted on any mailbox bank, lamppost,
gate, or anywhere else in public view within Belleza, without the prior written
approval of the Board of Directors. However, a homeowner may display a sign
advertising the sale or lease of their home, so long as such a sign is not
larger than eighteen (18) inches by thirty
(30) inches in size Signs pertaining to an owner’s security service will
be allowed.
GENERAL RULES & REGULATIONS
• Trash and recycle containers and
waste bins must be stored in a side or rear yard area screened from public
view, except when properly placed on collection day.
• Satellite dishes are subject to
Design Review Committee approval. Dishes must be installed at a location that
will be hidden from view so as to not to be noticeably seen from the street or
impact neighboring property and common areas, provided that “acceptable quality
signals” can be received.
• Private outdoor lighting must be
shaded and adjusted so that the light falls only on the property on which the
lighting is located and does not fall or reflect onto a neighbors property.
• No basketball backboards,
basketball hoops or other sports apparatus can be constructed or maintained on
any property that is visible from any other property or street within Belleza.
Water based hoops must be put away when not in use. Portable hoops must be
stored out of sight behind the side fence or in the backyard.
Note: State law and city code
makes it illegal to place a portable basket hoop on a residential street or on
a public sidewalk.
enforcement OF RULES AND REGULATIONS
The Board of Directors, of the Belleza Homeowner’s Association, will enforce violations of
the CC&Rs in the following manor:
1) Notice: A written notice of the dispute, including any proposed
remedy, will be served to the homeowner. Within a time period, specified by the
Board, the homeowner will remedy the situation. If the homeowner does not
perform the corrective action, within the allotted time, the Board, after
Notice and Hearing, may remedy such condition or violation and the cost will be
charged to the homeowner as a Special Assessment.
a. Violations
identified by the Association: If the Board determines that there is a
violation of the Restrictions, the Board will give a written notice to the
responsible homeowner identifying the violation.
b. Violations identified by a homeowner: If a homeowner
determines that there is a violation of the Restrictions, the complaining homeowner
must submit the complaint to the Board.
2) Mediation: If the homeowner and the Board cannot come up with a
solution, the dispute will then go to mediation in order to remedy the dispute.
3)
Litigation: If mediation is not successful in resolving
the dispute, either party may file a lawsuit.
