DECLARATION OF COVENANTS, CONDITIONS
THIS DECLARATION made on the date hereinafter set forth by VALLECITOS
DEVELOPMENT COMPANY, a
WHEREAS, Declarant is the owner of certain property in the City of
GROVE PARK UNIT NO. 1, lots 1 through 54, inclusive, according to Map No.
8080, filed in the office of the
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or and part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
Section 1; "Association" shall mean and refer to GROVE PARK HOMEOWNERS PROTECTIVE ASSOCIATION, its successors and assigns.
Section 2: "Owner" shall mean and refer to the record Owner, whether one (1) or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3: "Properties" shall mean and refer to that certain real property herein before described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4: "Common Area" shall mean all real property owned by the Association (including improvements thereto) for the common use and enjoyment of the Owners.
The Common Area to be owned by the Association at the time of the conveyance
of the first
Lots 50 and 54 of Grove Park Unit No. 1, according to the map thereof, filed
in the Office of the
Section 5: "
Section 6: "Declarant" shall mean and refer to VALLECITOS
DEVELOPMENT COMPANY, a limited partnership, its successors and assigns, if such
successors or assigns should acquire more than one (1) undeveloped
Section 7: "First Trust Deeds" shall mean and refer to first trust
deeds or mortgages encumbering any
Section 8: "Bylaws" shall mean and refer to the Association's
Section 1: Every Owner shall have a right and easement of ingress and egress
and of enjoyment in and to the Common Area which shall be appurtenant to and
shall pass with the title to every
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period of not to exceed thirty (30) days for any infraction of its published rules and regulations after reasonable written notice and an opportunity for a hearing before the Board of Directors of the Association;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded and paragraph
(d) next-following has been fully complied with.
(d) except for granting easements for utilities and similar purposes, the Association shall not alienate, release, transfer, hypothecate or otherwise encumber the Common Area and facilities thereon without the approval of all First Trust Deed holders encumbering the Lots.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment of the Common Area and facilities to the members
of his family, his tenants or contract purchasers who reside on his
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a
Section 2. The Association shall have two (2) classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the
Declarant, and shall be entitled to one (1) vote for each
Class B. The Class B member(s) shall be the Declarant and shall be entitled
to three (3) votes for each
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) two (2) years from the date of issuance by the California Department of Real Estate of its most recent Final Subdivision Public Report for a phase of the overall development of the Properties, or
(c) On January 1, l980.
COVENANT FOR MAINTENANCE
Section 1. Creation of the lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare
of the residents in the Properties and for the improvement and maintenance of
the Common Area.
Section 3. Maximum Annual Assessments. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Hundred & Twenty Dollars ($120.00) per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership.
(b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may by increased above five percent (5%) by the vote or written assent of fifty-one percent (51%) of each class members.
(c) The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum.
Section 4. Special Assessments for Capitol Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, or other purposes, provided that any such assessment shall have the vote or written assent of fifty-one percent (51%) of each class of members.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Any action authorized under Section 3 or Section 4 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all Association members not less than fifteen (15) days nor more than thirty (30) days in advance of the meeting. A quorum for such meeting shall be fifty-one percent (51%) of each class of members. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum for the preceding meeting. If the proposed action is favored by a majority of the votes cast at such meeting but such vote is less than the requisite fifty-one percent (51%), members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting.
Section 6. Uniform Rate of Assessments. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area. The first annual assessments shall be adjusted according to the number of months remaining in the calendar year. The Association's Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot shall be binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within (30) days after the due date shall bear interest from the due date at the rate of six percent (6%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the fees and assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to First Deeds of Trust and to First Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first deed of trust or first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure or deed in lieu of foreclosure shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 10. Exempt Property. All properties owned by a charitable or
nonprofit organization exempt from taxation by the laws of the State of
California shall be exempt from the fees and assessments created herein;
provided, however, no land or improvements devoted to dwelling use shall be
exempt from said assessments.
Section 14. Reserve Fund. The annual budget of the Association shall include
an amount sufficient to establish an adequate reserve fund for replacement of
the Common Area improvements and the regular annual assessment amount shall
No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
In the event an Owner of any Lot in the Properties commences but fails to complete construction of any such building, fence, wall or other structure in a manner satisfactory to the Board of Directors within one hundred eighty (180) days of commencement thereof, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right at its election, through its agents and employees, to enter upon said Lot and the exterior of the buildings or the complete the construction commenced by Owner. The cost of such removal and restoration or completion shall be added to and become part of the assessment to which such Lot is subject. Exterior additions consisting of surface materials with a metal, fiberglass, fabric or plastic appearance are hereby deemed as not in harmony with the external design or surrounding structures.
MAINTENANCE BY OWNERS
In the event an Owner of any Lot in the Properties shall fail to maintain the premises and the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) of the Board of Directors, shall have the right through its agents and employees, to enter upon said Lot and to repair, maintain and restore the Lot and the exterior of the building and any other improvements thereon. The cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject. There shall be no entry into a dwelling unit without the express consent of the Owner or without a court order allowing such entry.
DUTIES AND POWERS OF THE ASSOCIATION
Section 1. Powers and Duties. In addition to the duties and powers enumerated in the Articles of Incorporation and Bylaws or elsewhere provided for therein, and without limiting the generality thereof, the Association shall provide the following:
(a) Payment of taxes and assessments, if any, levied or assessed against the Common Area, or levied and assessed against any Lot if resulting in a lien against the Common Area; and any other lien or encumbrance which affects the Common Area, including but not limited to mechanics' liens. Such taxes, assessments, liens or encumbrances which shall be paid by the Board of Directors from the maintenance
fund, however, shall not include any levied or assessed against or which affect merely the interest of one (1) or more (but less than all) of the Lots and not the interest of all the Owners; the Board of Directors shall levy a special assessment against any Lot for the amount of such tax, assessment, lien or encumbrance which applied specifically to such Lot to the extent the amount is separately determinable.
The costs referred to herein shall be added to the assessment of an Owner subsequent hereto.
Section 2. Rules and Regulations. The Board of Directors shall have the
right from time to time to adopt reasonable rules and regulations not
inconsistent with the provisions of this Declaration of Covenants, Conditions
and Restrictions, relating to the use of the Common Area by the Owners and
other occupants of the Lots and their quests, and the conduct of such persons
regarding the recreation facilities, parking, storage, trash and garbage
disposal, laundry, pets and other activities if such conduct might adversely
affect the project or its appearance or might offend, inconvenience or endanger
the Owners or other occupants of any Lot or their quests. A copy of the rules
and regulations shall be delivered to each Owner either personally or by mail,
and a copy shall be posted in the Common Area at a place where it may be
Section 3. Books and Records. The Board of Directors shall keep and maintain complete and accurate books of account relative to its operation of the project in the manner described in the Bylaws.
Any Owner may lease his Lot; however, any lease of a Lot shall be in writing
and provide that the tenant shall take his leasehold subject in all respects to
the provisions of this Declaration and the Association's Articles of
Incorporation and Bylaws. Any such lease shall further provide that the failure
of the tenant to comply with such documents shall constitute a default under
ENCROACHMENT - COMMON AREA
In the event any structure built by Declarant upon any Lot encroaches upon
the Common Area as the result of such construction or reconstruction, repair,
shifting, settlement or movement of any portion of the Properties, an easement
allowing such encroachment to continue and an easement allowing maintenance of
the same shall exist so long as the encroachment exists.
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration
shall run with and bind the land for a term of twenty (20) years from the date
this Declaration is recorded, after which time they shall be automatically
extended for successive periods of ten (10) years. This Declaration may be
amended by an instrument signed by not less than seventy-five percent (75%) of
the Lot Owners. Any amendment must be recorded.
Section 4. Annexation
(a) Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of Class A members.
(b) Additional land within the area, described on Exhibit "a" hereto, may be annexed by the Declarant without the consent of members within five (5) years of the date of this instrument, provided that the FHA and the VA determine that the annexation is in accord with the general plan heretofore approved by them.
Section 5. FHA and VA Approval. As long as there is Class B membership, the following actions will require the prior approval of the Federal Housing Administration and the Veterans Administration: Annexation of additional properties, mergers and consolidations, dedications or mortgaging of the Common Area, special assessments, and amendment of this Declaration of Covenants, Conditions and Restrictions.
Section 6. Rights of Lenders. The holders of all first mortgages and the beneficiaries of all First Trust Deeds encumbering a Lot may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area or any part thereof, and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Area or any part thereof, and upon such payment, the Association shall make immediate reimbursement thereof to the lenders making such payments.
Section 7. Destruction of Common Area. In the event any portion of the
Common Area is damaged by fire or other casualty, the Board of Directors shall
take such steps as are proper to make the necessary repairs and reconstruction
of the damage. In the event there is a mortgage or deed of trust upon the
Common Area affected, then any insurance proceeds shall be paid to the holder
of any mortgage or trust deed, in trust, for the purpose of making payment upon
the cost of repairs and reconstruction; but if there be no holder of such
mortgage or deed of trust, then the insurance proceeds shall be paid to an
insurance trustee, for the purpose of making payment upon the cost of repairs
and reconstruction, which insurance trustee shall be a bank or trust company
located in the County of San Diego, California, selected by the Board of
Directors. Any insurance proceeds in excess of the amount required to pay such
costs shall be disbursed to the Board of Directors and placed in the
maintenance fund for the benefit of the Owners. In the event the insurance
proceeds are insufficient to pay all the costs of the repairs and
reconstruction, the Association shall proceed under the special assessment
provisions of Article IV, Section 4, to acquire funds in the amount of the
Section 1. Use of Lot. Each Lot shall be used and occupied only in accordance with the following:
(a) Each Lot shall be used as a single family residence and for no other purpose, except that a sales office, sales display area and/or construction office may be maintained on any of the Lots owned by Declarant, and any of the Lots owned by Declarant may be used for a display model until sales of all of the homes in the project have been consummated, or within one (1) year after termination of Declarant's right to annex land pursuant to Article X, Section 4, Subsection (b) herein, whichever shall first occur; provided, however, such use by Declarant shall not unreasonable interfere with the reasonable rights of Owners.
(b) Garages may be used only for the parking of vehicles, storage and related purposes.
(c) No Owner shall store or construct anything on or obstruct the Common Area except with the prior written consent of the Board of Directors.
(d) No Owner shall permit any part of the project to be used for commercial or related purposes except as provided in Subsection (a) of Section 1, Article XI.
(e) No Owner shall commit any waste in the Common Area, nor do anything in, or about, or in connection with the project which would be in violation of any statute, law, ordinance or governmental rule or regulation.
(f) No Owner shall do anything in the Properties which would obstruct or interfere with the rights of, or annoy or be offensive to, other Owners, including but not limited to the storage or parking of automobiles, campers, trailers, mobile homes, boats or other vehicles in private streets or other areas except for garages, provided that automobile temporary parking only shall be permitted for reasonable periods of time by Owners and their guests in designated parking spaces.
(g) All equipment, tools, trash and/or garbage containers, wood and/or
storage piles shall be kept concealed from view of the other Lots, the Common
Area and the adjacent streets. No exterior clothes lines or individual outdoor
television or radio antennae shall be erected or maintained on the Properties
other than any required for cable TV service to any Lot. No automobile overhaul
or maintenance work, in the absence of an emergency, shall be performed in the
Properties where it can be viewed or on adjacent streets, The interior of
garages shall be kept clean, and garage doors shall be kept closed when not in
(h) No sign of any nature, except as provided in Section 712 of the Civil
Code, shall be displayed to the public view on or from any Lot without the
prior written approval of the Board of Directors as to size, shape, color and
content; however, Declarant may place reasonable signs upon the project in
connection with the sale, transfer or rental of the Lots owned by it as long as
such signs do not unreasonably interfere with the Owners or with the use by
Owners of the Common Area and its facilities.
(i) No livestock, poultry or animals of any nature shall be raised, bred or
kept in any Lot except caged birds, and not exceeding two (2) domesticated
household pets (such as dogs or cats) may be kept, provided they are not kept
or maintained for any commercial purpose. Such household pets shall not be
permitted in the Common Area except as may be allowed by rules and regulations
of the Board of Directors.
(j) No Owner shall install or maintain any water softener which discharges
(k) No Owner shall alter, construct or remove any portion of the Common Area
or affix or attach anything thereto without the prior written consent of the
Board of Directors or Architectural Committee.
(l) Each Owner shall keep clean and in good condition and repair the windows
of the structure on his Lot, and shall not permit laundry or other unsightly
items to extend from or hang over the windows or balcony, if any, of the same.
All draped windows shall have, facing the exterior, either draperies, drapery
linings or casements of a neutral color approved by the Board of Directors.
Nothing contained in this Article shall be deemed or construed to apply in
any way to the activities of Declarant in the development or construction of
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has
hereunto set its hand and seal this 16th day of July, 1975.
VALLECITOS DEVELOPMENT COMPANY
A Limited Partnership,
by its General Partner,
The Ramos/Jensen Company,
a California corporation:
RONALD J. RAMOS, President
ARNOLD H. JENSEN, Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
On July 16, 1975, before me, the undersigned, a Notary Public in and for
said County and State, personally appeared RONALD J. RAMOS, known to me to be
the President, and ARNOLD H. JENSEN, known to me to be the Secretary of The
Ramos/Jensen Company, the corporation that executed the within instrument and
known to me to be the persons who executed the within instrument on behalf of
said corporation, said corporation being known to me to be the General Partner
of Vallecitos Development Company, the Limited Partnership that executed the
within instrument, and acknowledged to me that such corporation executed the
same as such General Partner and that such partnership executed the same.
WITNESS my hand and official seal.
LEGAL DESCRIPTION; ORDER NO. 697289-6
Lots 1 to 9 inclusive in Block 1, Lots 1, 2 and 3 in Block 2 of Bennett Orchard Estates unit No. 1, in the City of San Marcos, County of San Diego, State of California, according to Map thereof No. 2065, filed in the Office of the County Recorder of San Diego County, October 17, 1927, together with the Southerly half of San Marcos Street, vacated and closed to public use, adjacent to the Northerly line of Lots 1 and 4
in said Block 1 and Lots 1 and 3 in said Block 2.
EXCEPTING therefrom those portions lying within Los Vallecitos Unit No. 2,
in the City of San Marcos, County of San Diego, State of California, according
to Map thereof No. 823, filed in the Office of the County Recorder of San Diego
County, January 20, 1971.
ALSO EXCEPTION thereform those portions lying within Los Vallecitos Unit No.
3, in the City of San Marcos, County of San Diego, State of California,
according to Map thereof No. 909, filed in the Office of the County Recorder of
San Diego County, April 22, 1971.
ALSO EXCEPTING therefrom those portions lying within Vallecitos Park Unit
No. 1, in the City of San Marcos, County of San Diego, State of California,
according to Map thereof No. 7835, filed in the Office of the County Recorder
of San Diego County, December 28, 1973.
ALSO EXCEPTING therefrom all those portions of Lots 2, 3, 6, and 7 in Block
1 of Bennett Orchard Estates Unit No, 1, in the City of San Marcos, County of
San Diego, State of California, according to Map thereof No. 2065, filed in the
Office of the County recorder of San Diego County, October 17, 1927, described
Commencing at the most Westerly corner of Los Vallecitos Unit No. 3,
according to Map thereof No. 6909, filed in the Office of the County Recorder
of said County; thence along the Southwesterly boundary of said Unit No. 3,
South 49 18'00" East 127.97 feet (Record 128.00 feet) to an intersection
with the Southwesterly prolongation of the centerline of Avenida Chapala
Conditions, covenants and conditions which are for the purpose of protect