1.0. Introduction

This resolution establishes the rules by which the Board of Directors and Architecture Control Committee (ACC) enforce the CC&R’s of Sunset Oaks Homeowners Association (SOHA). This resolution replaces and revokes resolutions 4, 8, 10, 15, 18, 23, and 25. This resolution replaces and revokes informal guidelines: “Patio Planting and Maintenance Policies” dated 7/1981, and “Policy for Holiday Decorations” undated circa 1997, and “Policy for Exterior Decorations” undated circa 1998.

Note: Underline and strike through indicates changes made from the 3/27 workshop.

2.0 General Principles

2.1 Non-exclusive Use Common Area

SOHA maintains the most stringent control over these areas which we own and use in common.

2.2 Exclusive Use Common Area

SOHA exercises less control over the garage areas which we own in common but use individually. SOHA authority is basically used to prevent an owner from imposing “a burden on the Association.”

2.3 Association Maintained Private Property

Homeowners own the property outside their units out to the drip line of the roof; however this area is maintained by SOHA, e.g. gardening and painting. SOHA does not seek to impose unreasonable restrictions on owners’ normal use of their own property, but does impose some restrictions for aesthetic reasons, and to avoid undue interference with SOHA maintenance activities.

2.4 Owner Maintained Private Property

Homeowners own and maintain the property inside their units, their patios, and their balconies. SOHA does not seek to impose unreasonable restrictions on owners’ normal use of their own property, but does impose some restrictions for aesthetic reasons, to prevent one homeowner impinging on the rights of another, and to avoid undue interference with SOHA maintenance activities.

2.5 Aesthetics

An item located on the owner’s private property may be deemed aesthetically offensive if it is 1) clearly visible to a casual observer in the course of normal activity in the common area, and 2) patently offensive to an ordinary person. SOHA will not in the course of checking for CC&R compliance, examine parts of private property not normally visible. I.e., SOHA will not peer into windows or patios, climb onto higher vantage points, or walk off of sidewalks.

3.0 House Interior

Window coverings clearly visible from the common area should be of harmonious appearance. A beige or neutral tone is preferred, and any light or pastel color is acceptable. Strong vivid colors are discouraged, and if these are desired for the interior, SOHA suggests using a curtain liner or sheers to lessen the exterior impact.

4.0 House Exterior

4.1 Air Conditioners

Central air conditioners may be properly installed with the condenser located on the patio or on the designated A/C pad, with prior ACC approval. Replacement of existing central air conditioners with no changes to exterior plumbing do not require ACC approval. Window air conditioners are not allowed.

4.2 Attachments

Although the homeowner owns the unit exterior, SOHA maintains it, and many attachments can damage it or interfere with maintenance. Therefore, the only exterior attachments allowed are those explicitly listed in this resolution, or those for which specific permission is granted. Homeowner is responsible for any damage to his own property (e.g. stucco or fascia), SOHA property (e.g. fences), or property of neighbors which may be caused by homeowner’s attachment(s). SOHA is not responsible for loss or damage to any attachments during maintenance.

4.3 Decorations

Decorations as for religious and national holidays are allowed on and in homeowner’s property, and on the inside and top of fences. [[ALTERNATE: Decorations for religious and national holidays are allowed on and in homeowner’s property, and on the inside of fences.]] Decorations are not allowed in the common area. In particular, decorations are not allowed on the outside of fences, neither attached nor draped down the fence. SOHA is not responsible for loss or damage to decorations or any other attachments. Any damage caused to homeowner’s property (e.g. stucco or fascia) or to SOHA property (e.g. fences) by decorations must be repaired at homeowner’s expense.

ALTERNATE: There is no fixed schedule of days or allowable holidays, set by SOHA, when decorations may be displayed. Decorations may be displayed from three (3) days before through three (3) days after religious and national holidays. Chinese New Year, Deepavali, Independence Day, Ramadan, and Tet. Christmas and Hanukkah Decorations may also be displayed from three (3) days before Thanksgiving until seven (7) days after New Year’s Eve.

All holiday lights must be approved by Underwriters Laboratory. Any exterior lighting accessible from the common area or from a neighboring unit must be plugged into a Ground Fault Circuit Interrupter (GFCI). Residents are strongly advised that all exterior lighting, wherever located, be plugged into a GFCI circuit.

Front door decorations, such as a wreath or welcome plaque, are allowed year round. The decorations must be aesthetically pleasing and harmonizing with the exterior. Wreaths may not exceed twenty (20) inches in diameter. Welcome plaques may be up to twelve (12) inches wide or eighteen (18) inches high, with the total area not exceeding 144 square inches.

Decorations are not allowed in the common area, except on the inside and top of fences. You are responsible for any damage you cause; see paragraph 8.0.

4.4 Doors

Newly installed screen doors must be of a color approved by the Board to be compatible with the SOHA color scheme. Replacement exterior doors must be of an approved design and color. As of this writing that color scheme is To-Be-Determined.

ALTERNATE 1: Screen doors behind fences may be any color.

ALTERNATE 2: Screen doors and exterior doors behind fences may be any color.

ALTERNATE 3: Screen doors and exterior doors behind fences may be any reasonable color and design, with prior ACC approval.

4.5 Flags

Flags and standards are subject to the policies for attachments (paragraph 4.2) and aesthetics (paragraph 2.5) above. Flag standards may be attached to your fence posts painted to match the fence, or to the front of your house painted to match the stucco. Flags and standards must be kept properly maintained. The United States flag, in normal household sizes, is not considered by SOHA to be aesthetically offensive. Decorative flags must be kept within homeowner’s property.

4.6 Signs

“No Soliciting” signs, obtained from the office for a nominal charge, may be posted on doors and/or fences. These must be of harmonious size and appearance. Standard “No Soliciting” signs are available from the office for a nominal charge. One real estate sign (“For Sale”, “For Rent”) is allowed per unit, not exceeding four (4) square feet in size and conforming to applicable statutes. The sign may be attached to the outside of the residence or fence, displayed in the window, or staked in the common area, with the stake no wider than two (2) inches. Political signs are allowed per applicable statutes. Homeowner is responsible for any damage caused by his signs.

4.7 Wind Chimes

Wind chimes are allowed so long as their sound does not cause an annoyance to a neighbor.

4.8 Satellite Dishes

Satellite dishes are allowed per FCC regulations and To-Be-Determined SOHA guidelines.

4.9 Antennas

Television and radio antennas are allowed per FCC regulations and To-Be-Determined SOHA guidelines.

4.10 Storage Balconies

Balconies must be kept aesthetically pleasing, and may not be used for storage. E.g., chairs are allowed; boxes are not.

5.0 Garage

Use of garages is described in CC&R:5.05B.

6.0 Parking

Parking regulations are defined in CC&R:5.03 and 5.04. In summary, each resident may park two (2) vehicles on SOHA property: one in an assigned garage plus one outside with an assigned SOHA parking tag. All vehicles must be registered with the SOHA office. A car parked outside without a tag may be ticketed or towed. This applies to extra cars you may own, and to your guests. If you are ticketed, a fine may be assessed. If you or your guest is towed, you must pay the cost of towing and storage. To avoid the cost, inconvenience, and embarrassment, remember: you may park only one car outside on SOHA property, and only with a parking tag displayed.

Uncovered parking spaces may not be used for vehicle storage, which is defined as parking for longer than seventy two (72) hours. Moving a vehicle from one parking street space to another does not initiate a new 72 hour period. If a vehicle must be parked for longer than seventy-two hours, such as during out-of-town travel, notification must be made to the Association office.

Uncovered parking spaces: Vehicles may not park so as to extend over parking space divider lines. Vehicles may not park so as to extend either the front or the back bumper into the landscaping. This is to protect plants and sprinkler heads from damage. If your car has a long rear overhang you should drive forward into the parking space. Conversely, if your car has a long front overhang, you may not be able to pull forward until your wheel touches the curb. Vehicles may not park so as to extend out of a parking space into the driveway. Very large vehicles which do not fit into the available width or depth of a parking space may not park in uncovered parking spaces.

Vehicle covers used in off-street parking spaces must be of a commercial manufacture and shall 1) be of a subdued color that reasonably blends with the surroundings; 2) be fitted, installed, and secured so as to prevent undue sagging and flapping in the wind; 3) be maintained in good condition; 4) be suitably marked with the vehicle’s license number in easily readable characters three to four inches high when viewed from the rear; and 5) be suitably marked with the owner’s Sunset Oaks parking permit number when viewed from the front.

7.0 Patio

7.1 Plants

7.1.1 General

The purpose of this section is to decrease homeowners’ liability to repair damage to fences, buildings, sidewalks, and/or patio cement caused by plants in their patios. Patio plants must not grow into the common area or into neighbors’ patios. Plants must be maintained at a reasonable patio plant size, and any plant droppings must be confined to your own patio. Homeowners are responsible for any maintenance costs caused by their plants, e.g. root damage to concrete or sewer lines.

7.1.2 Trees

Homeowners need to select trees for patio planting with extreme care. Today’s small tree may become tomorrow’s giant and expensive problem.

Appropriate patio trees should be small, have well mannered root systems that will not crack cement, not invade and clog sewer lines, be confined to the homeowner’s patio, not interfere or extend to their neighbors or the common area, not unduly block their neighbor’s sunlight, and not come in contact with any structures. Ask your nurseryman about the availability of miniature varieties of trees.

7.1.3 Vines

Vines covering the holes in the upper portion of the fence offer privacy and beauty but require constant maintenance. For an alternative, see fence privacy slats in paragraph 8.0 below. Vines must be confined to trellises and the upper portion of the fence, and must be kept pruned back from above the fence, sticking out through the holes in the fence, and growing out through fence boards. Residents are advised to routinely reduce vines in bulk to avoid offering homes to snails and other pests.

Vines growing on patio covers must be confined to trellis and the patio cover and not allowed to grow on buildings, eaves, roofs, or garages. Residents are advised to routinely reduce vines in bulk to avoid offering homes to pests, or pathways for pests to enter attics.

7.1.4 Recommendations

The most important information to give your nursery when discussing a tree for your patio is the size of your patio, the size of the planting bed, the available room for growth, and the proximity of fences, buildings, and neighbors. This information is vital to select an appropriate tree for your confined space.

“Container gardening” may offer a solution for some homeowners. Check with your nursery for trees that grow successfully in containers and barrels.

The following list offers a few suggestions from local nurseries. These trees all tend to grow to appropriate size and have well mannered root systems. Homeowners will need to research their other attributes in making their selection.

Trees: Japanese maple (deciduous, colorful foliage), Japanese dogwood (deciduous, fruit, flowering, colorful foliage, fragrant), Dwarf citrus (deciduous, fruit, flowering, colorful foliage, fragrant), Japanese crape myrtle (deciduous, flowering, colorful foliage), Sweet bay (evergreen, fruit), Tea trees (evergreen, flowering), Photinia fraseri (evergreen, flowering, colorful foliage), Dwarf red-leaf flowering plum (deciduous, fruit, flowering, colorful foliage).

These shrubs may be trained as patio trees: Azalea (evergreen, flowering), Bottlebrush (evergreen, flowering), Fuchsia (flowering), Hibiscus rosa sinensis (evergreen, flowering), Osmanthus fragrans (evergreen, flowering, very fragrant), Raphiolepis (evergreen, flowering), Xylosma congestum (evergreen).

7.2 Trellises

Trellises may not extend above the top of the fence. See caution in paragraph 8.0 below regarding attachments to fences.

7.3 Covers

Patio covers are allowed only with prior approval of SOHA. Plans for one particular design, installation, and color, are available from the office. Any alterations to those plans require written approval by SOHA.

7.4 Maintenance

If you maintain a clear space of at least eighteen (18) inches between your plants and the fence, then maintenance such as repair and painting of the fence can be accomplished with little risk of damage to your plants; any such damage will be repaired by SOHA. However, we recognize that it is not always desirable to leave such a gap since the entire width of many patio flower beds is only thirty inches. Therefore, a resident may locate plants closer to the fence. Maintenance personnel will use reasonable care in performing their tasks, but if such plants are damaged or destroyed, then resident not SOHA is responsible. If you decide to locate plants closer than 18 inches from the fence, use common sense. The closer they are to the fence, the more likely they are to be damaged. When you receive notification of scheduled maintenance of your fence, relocate or protect your plants as much as possible to minimize possible damage to them.

7.5 Furniture

Any normal patio furniture and accessories are allowed, e.g. chairs, tables, umbrellas, grills, planters, etc.

7.6 Storage

Items may not be stored on patios which are an eyesore seen from the common area; see aesthetics in paragraph 2.5 above. Storage containers may not be higher than the bottom of the holes in the fence, or than the top of the fence if privacy slats are installed fence openings are covered by privacy slats or vines.

8.0 Fences

If you make any attachment to the fence, take care not to damage the fence. If, in the sole judgment of SOHA, any fence attachment is the cause of damage to the fence necessitating maintenance, then you are responsible for the cost of that maintenance. See paragraph 4.2.

Privacy slats: Homeowners who desire privacy may wish to consider one of the approved designs for fence privacy slats, as an alternative to vines. These will be installed by SOHA on request at the expense of the homeowner.

9.0 Private Property Maintained by SOHA

9.1 General

SOHA maintains private property around the house outside the patio and under the house drip line. Except as specified in this paragraph, homeowners may not place any items in these areas. When plants or other items are allowed in these areas, residents assume all costs and risks for planting and maintenance of plants or items. When required for structure maintenance, when practical SOHA will make a good faith effort to notify resident in advance, so that the resident can move item(s) out of the way. However, notice may not be given, maintenance personnel may move the items, and SOHA is not responsible for any consequent loss or damage. If plants or items are damaged or destroyed in the normal course of SOHA maintenance, SOHA is not responsible for any consequent loss or damage. Appearance of these areas must be kept reasonably neat and uncluttered.

9.2 Flower Beds / Significantly Delayed Renovation

There may be cases during landscape renovation programs, when SOHA does not provide any plantings in the flower beds outside the unit. (I.e., the renovation schedule and budget may necessitate a delay in putting in new plants and the area may be bare.) In these cases when SOHA determines that renovation is significantly delayed, residents may plant the flower beds themselves, and/or place plant containers and certain other items in the flower bed.

Plantings must be approved by SOHA on advice of our landscape architect, for appearance and compatibility with the overall landscape scheme, and non-intrusiveness. When the area is scheduled for renovation by SOHA, resident will be notified at least seven (7) days in advance so the plants may be relocated (e.g. inside patio) if resident desires. Thereafter, at SOHA’s sole discretion, SOHA may incorporate any of the plants into SOHA’s landscaping, and may remove any of the plants to replace them with standard plantings.

9.3 Plant Containers

Residents may place plant containers on their private property under the drip line on the cement entryway to their house, and in the case of “significantly delayed renovation” as defined in paragraph 9.2, may place plant containers in their flower bed. Containers must not obstruct a clear pathway to the door so as to present a tripping hazard.

Plant containers must be terra cotta colored clay or plastic, or smooth finished wood of earth-tone wood stains. The containers must be light enough in weight to be easily moved when necessary for maintenance of the resident’s structure. No biodegradable containers or wooden barrels will be allowed. Containers and plants must be kept in good condition.

9.4 Stepping Stones

In the case of “significantly delayed renovation” as defined in paragraph 9.2, residents may place stepping stones in the flower bed to facilitate homeowner maintenance of the flower bed.

9.5 Hoses

In the case of “significantly delayed renovation” as defined in paragraph 9.2, residents may place garden hoses on their private property under the roof drip line to facilitate maintenance of approved plantings. Hoses must be green, no longer than sufficient for your use in watering those plants, and must be kept neatly coiled when not in use.

10.0 Common Area

10.1 General

Except as specifically permitted, residents may not place any items in the common area, including but not limited to: plant containers, landscape decorations, chairs, lounges, and toys.

10.2 Exceptions

ALTERNATE 1: Delete this paragraph. No exceptions.

ALTERNATE 2: Residents who do not have front patios may, with written permission from SOHA, place plant containers not greater than 14 inches high on the walkway to their door. All requirements of paragraphs 9.1 and 9.3 regarding plant containers on private property also apply. [Note: Need legal advice on this item, and legal review of entire resolution.]

Containers must be placed on the concrete. Containers may not be placed in a location that is also on a walkway to another resident’s door, or more then three (3) feet from the wall. The diagram below illustrates placement options.

Residents assume all costs and risks for maintenance of plants and containers. When required for structure maintenance, when practical SOHA will make a good faith effort to notify resident in advance, so that the resident can move container(s) out of the way. However, notice may not be given, maintenance personnel may move the containers, and SOHA is not responsible for any consequent loss or damage.

Homeowner assumes all legal liability associated with container(s) and indemnifies SOHA against any claims. Homeowner (and resident if applicable) must sign a release form agreeing to these terms.