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THE COLONY AT WESTWOOD CONDOMINIUM ASSOCIATION
RULES & REGULATIONS 2003
(last updated 12/9/07)
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RULES & REGULATIONS
1. GENERAL
1.1 No Tipping Association Employees. To avoid problems with perceptions of favoritism by employees and expectations of tips or special treatment, the Association has adopted a "No Tipping" policy. If employees are found to be soliciting or accepting tips, they will be disciplined. Such discipline will range from a warning to termination of their employment.
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2. BOARD AND MEMBER MEETINGS
2.1 Non-Members Not Allowed. In no case are tenants, guests or anyone else not a Member entitled to either attend or speak at Board meetings or Member meetings, unless invited by the Board. The Association will turn away all non-Members who seek to attend these meetings and will ask all non-Members who are in attendance to leave.
2.2 Directed Participation. Because of the corporate nature of the Association, Members may not participate at meetings unless expressly authorized by the Board.
2.3 Member Forum at Board Meetings. Time will be set aside at the beginning of each Board meeting so Members may address the Board on any subject. Members will be given 3 to 5 minutes per person depending on the number of persons wanting to speak. Members who wish to address the Board must sign in before the meeting begins.
2.4 Offensive Remarks. The right to address the Board does not give Members the right to make slanderous, threatening or offensive statements. If a Member engages in personal attacks or vulgarities, he or she will lose their right to complete their remarks.
2.5 Disruption of Meetings. If a Member becomes disruptive during a meeting, he or she may either be fined or expelled from the meeting. If the person refuses to leave, the police may be called to escort the person out of the meeting.
2.6 No Tape Recording Allowed. So as to avoid legal liability issues and to promote free and open discussions at meetings, no tape recording by members is allowed. The Secretary of the Board may tape Board resolutions to assist in the preparation of the minutes but the tape is then erased once the minutes have been prepared.
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3. FIRE PREVENTION
3.1 No Propping Open Gates and Doors. Common Area Doors, hallways, and stairwells may not be blocked or propped open! Anyone who notices an open gate or door should notify the office immediately.
3.2 Obstructing Exits. Obstructing hallways, stairwells and exits is prohibited.
3.3 Open Flames. Torches, unattended candles, and open flames in any part of the Common Areas, balconies or patios are prohibited. Candles are permitted if only a limited number are used and the flame is shielded by a glass chimney.
3.4 Fireworks. The storage and/or use of fireworks or any kind of explosive is prohibited.
3.5 Flammable Materials. Except for Association operations and except for U.L. approved propane tanks designed for and used with U.L. approved barbecues, under no circumstances may explosives, fireworks, or highly flammable or highly corrosive materials be stored in Parking Areas, Common Areas, Exclusive-Use Common Areas, or Units.
3.6 False Alarms. Intentionally setting false alarms will result in significant fines and/or suspension privileges.
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4. SAFETY AND SECURITY ISSUES
4.1 Large Deliveries. Because the Association does not have a freight elevator, you must give the office at least 24 hours notice so pads can be installed in the elevator for large deliveries such as new appliances, furniture, etc. Check with the office for parking instructions.
4.2 Common Area Keys. Members are prohibited from reproducing keys to the Common Areas. Common area keys will only be sold to Members or to a tenant with written authorization from the Member.
4.3 Open Gates and Doors. Gates and doors must not be propped open! Anyone who notices open gates or doors should notify the office immediately.
4.4 Use of Association Employees. Residents at no time may engage personnel of the Association to provide services during their regular working hours. However, residents may hire off-duty Association employees to perform work. The use of off-duty employees is at the resident's sole expense and the resident is solely responsible for workers' compensation and payroll deductions for that employee. In no event is the Association liable for the acts or omissions of employees hired by residents.
4.5 No Service Elevator. The Association does not have a service elevator. As a result, contractors and vendors must use the passenger elevators which means they must be properly attired, i.e., vendors must wear shirts and shoes.
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5. FACILITY RULES
5.1 Supervising Minors. Residents must provide adult supervision for minors who reside in their Unit or are guests who use the Association's recreational facilities. Homeowners are responsible for the actions of their tenants and guests.
5.2 Guests. All guests must be accompanied by residents whenever the guest uses the Association's recreational facilities.
5.3 Health Limitations & Communicable Diseases. Individuals who intend to use the Association's recreational facilities should consult their doctor to make sure such use will not be harmful to their health. Persons with skin diseases, open sores, inflamed eyes, nasal or ear discharges, or any diseases which are readily communicable may not use the recreational facilities until such time as the disease is no longer communicable.
5.4 Impairment of Judgment. Because of the potential for injury, substances such as alcohol, medications or controlled substances which would impair a person's health, judgment or physical abilities are prohibited.
5.5 Proper Attire in Common Areas. Whenever using the elevators or moving through Common Area hallways and lobbies, proper attire must be worn at all times. This means a robe or other appropriate attire must be worn over bathing suits. In addition, shoes, sandals or other appropriate footwear must also be worn.
5.6 No Glass. So as to prevent injuries, glass containers are not allowed in any of the recreational areas.
5.7. No Pets. Pets are not allowed to loiter in the common areas.
5.8 No Nudity or Sexual Activity. Nudity and sexual activity in the recreational areas are prohibited.
5.9 Radios, Tape and CD Players. Radios, tape players, CD players and similar devices may be used with earphones.
5.10 No Smoking. For reasons of health, safety and courtesy, no smoking is allowed in the Common Areas. This includes spa, pool, gym elevators, lobbies, hallways, stairwells, storage areas and parking areas.
5.11 Laundry Rooms.
a. No Pets. Pets are not permitted in the laundry rooms.
b. Unattended Clothing. Clean clothing must be removed promptly from the machines and the laundry rooms. The Association is not responsible for clothing or other items left unattended in the laundry rooms.
5.12 Locker Room. Locker rooms are not for overnight use. Articles left in the locker room are left at the owner's own risk.
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6. SWIMMING POOL
6.1 Hours and Availability. The swimming pool is for the exclusive use of the Association's residents and guests and is open from
9:00 a. m. to 11:00 p. m. daily.
6.2 Assumption of Risk. NO LIFEGUARDS ON DUTY. Use of the swimming pool is at your own risk and residents assume full responsibility for their own safety as well as that of their guests.
6.3 Proper Swimming Attire. Appropriate swimming attire must be worn. Cutoffs, dungarees and Bermuda shorts are not allowed. Thong bathing suits and topless bathing suits for women are prohibited. Revealing or sexually explicit bathing suits for men are also prohibited.
6.4 No Diapers. No diapers are permitted in the pool.
6.5 Supervision. Children under 16 years old must be supervised by an adult while in the pool.
6.6 No Rough Play. Boisterous conduct and rough play are prohibited.
6.7 Toys and Rafts. Inflatable rafts and inner tubes are not allowed. Small toys such as balls, water guns, rings, etc. may be permitted depending upon the number of persons in the pool and the manner in which the toys are used.
6.8 Pool Furniture. Pool furniture is on a "first come, first served" basis. Furniture may only be "saved" for a few minutes.
6.9 No Tampering With Pool Equipment. No unauthorized tampering with pool equipment or the settings on pool equipment.
6.10 Guests. Residents may invite up to two (2) guests per Unit to use the pool. The resident must be present.
6.11 Lobby. Swimmers must dry themselves thoroughly before entering the building. Access to the lobby is not permitted in pool attire and bare feet are prohibited.
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7. SPA
7.1 Hours. The spa is open from 10:00 a.m. to 11:00 p.m. daily.
7.2 Children. For health and safety reasons, children under the age of six (6) are not permitted in the spa. Children between the ages of six (6) and sixteen (16) must be accompanied by an adult.
7.3 Oils and Lotions Prohibited. Tanning lotions and oils are prohibited--they create foaming and other problems with the spa. Residents must shower before using the spa.
7.4 Proper Attire. Appropriate swimwear (described above for the swimming pool) must be worn at all times.
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8. FITNESS CENTER
8.1 Hours. The gym is open from 5:00 a.m. to 11:00 p.m.
8.2 Beverages and Food. Water in plastic containers is allowed in the gym. No other food or drink is permitted.
8.3 Guests. Because of limited space, residents are limited to one (1) guest when using the gym. A trainer is not counted as a guest.
8.4 Proper Attire. Proper athletic clothing is required. Shirts, trunks and shoes must be worn at all times.
8.5. Treadmill/Bike. If others are waiting to use the treadmill or bike, use is limited to 30 minutes.
8.6 Music. Music must be kept a reasonable sound level at all hours.
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9. SAUNA
9.1 Hours. The sauna is open from 6:00 a.m. to 11:00 p.m. daily.
9.2 Supervision. Children under 16 years old must be supervised by an adult while in the sauna.
9.3 Guests. Residents may invite up to two (2) guests per Unit to use the sauna. The resident must be present.
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10. LOUNGE/LOBBY AND CONFERENCE ROOM
10.1 Reservations. Cooking or eating in the lounge/lobby or conference room without a rental agreement is prohibited. To reserve the lounge/lobby, please complete and return the lounge/lobby rental agreement. Refer to that form for further information.
10.2 Hours of Use. The lounge/lobby and television are available for use from 9:00 a.m. to 11:00 p.m. daily.
10.3 Television. Use of the television is governed by the noise rules.
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11. GENERAL RESTRICTIONS
11.1 Door-to-Door Solicitation. Door-to-door solicitation is prohibited.
11.2 Flyers and Notices. Posting notices or flyers in the Common Areas, distribution of notices or flyers door-to-door by fixing them to the door, sliding them under the door, or leaving them on the ground in front of doors is prohibited and the flyers will be removed.
11.3 Littering and Storage of Personal Property. Littering of any kind is prohibited. No personal property or toys may be stored or left in the Common Areas.
11.4 Landscaping. Residents may not plant, remove, or tamper with any landscaping in the Common Areas.
11.5 Health Hazards. Members may not permit conditions in their Units, balconies, patios, storage areas, parking spaces or Exclusive-Use Common Areas which, in the opinion of the Board, are unsightly or constitute a health, safety or fire hazard.
11.6 Unit Modifications. No alterations may be made to the utility systems or exterior of a Unit without prior approval of the Architectural Committee. Check the Association's Architectural Guidelines for specific details on which alterations, repairs and remodeling projects need prior approval.
11.7 Window Coverings. Window coverings must be appropriate to the architectural integrity of the building and the color of such window coverings must be in harmony with the exterior of the structure.
a. No Foil or Sheets. No window may be covered by paint, aluminum foil, newspapers, bed sheets, cardboard, blankets or other similar items.
b. Drapes, Blinds & Shutters. Drapes, blinds or custom shutters are required in all Units. Window coverings must be tastefully done and in keeping with the nature and aesthetics of the Association.
11.8 Spas and Hot Tubs. No Jacuzzi, spa, or "hot tub" may be installed in any Unit without proper soundproofing and without the written approval of the Architectural Committee.
11.9 Air Conditioners. No air conditioning unit may be installed in any Unit without the written approval of the Architectural Committee.
11.10 Nudity and Sexual Activity. Public displays of nudity are prohibited. Sexual activity in the Common Areas is prohibited.
11.11 Appropriate Attire. Guests and residents must wear appropriate attire in the Association's Common Areas. Residents may not go into the lobbies or mail room areas in a state of semi dress such as bathrobes, shorts but no shirts, barefoot, etc.
11.12 Occupancy Restriction. The maximum number of persons, including children, who may permanently reside in any Unit is two (2) per bedroom or loft plus one for the Unit. Permanent residency is defined as thirty (30) or more continuous days, of sixty (60) aggregate days in any one calendar year.
11.13 Business in Unit. Units may not be used for any purpose except as a private single-family residence. Notwithstanding the foregoing, residents may use a portion of their Units for limited business activities as long as all of the following criteria are met:
a. Primarily Residential. The Unit continues to be used primarily for residential purposes.
b. Advertisement Limitations. The business activity does not involve any advertisement which includes the address of the Unit or the Association, and does not involve any advertisement which includes the telephone number of the Association's business office.
c. No Employees, Vendors, Etc. The business activity does not involve any employees, clients, customers, vendors, contractors, subcontractors, business associates, etc. visiting the Unit or the Common Areas.
d. No Excessive Deliveries. The business activity does not involve deliveries or pick-ups of mail or packages which in the Board's determination are in excess of a level normal for residential occupancy.
e. No Manufacturing. No manufacturing of any kind takes place in the Unit or the Common Areas.
f. Compliance With Laws. The business activity is not illegal and does not violate any local ordinances.
11.14 Photography and Videotape. Without the advance permission of the person or the occupant of the Unit being photographed or taped, no one is permitted to audiotape, videotape, film or photograph:
a. Any person in the Common Area or any patio or parking space from any location;
b. Any person inside a Unit from any point outside that Unit, or
c. Any Unit interior from any point outside that Unit.
11.15 Roof Restricted Access. Members and their families, tenants, guests, employees, and agents are prohibited from entering onto the Association's roofs without the prior written consent of the Board or the manager.
11.16 Restricted Access to Utility Rooms. Members and their families, tenants, guests, employees, and agents are prohibited from entering the pool equipment or filter rooms, elevator machine rooms, fire alarm panel room, electric meter rooms, or telephone equipment room without prior authorization from the Board, manager or guard.
11.17 Satellite Dishes and Antennas. Except for satellite dishes, no antennas of any kind are allowed on the exterior of your Unit. Satellite dishes larger than one meter in diameter are prohibited. Dishes one meter or smaller are permitted if they are placed in the least intrusive location.
a. Balcony/Patio Installations. Satellite dishes may be installed within the confines of a balcony or patio or in other locations designated by the Board which will be prepared so dishes can be installed without penetrating the roofing membrane. The dish must be securely fastened so as not to present a safety hazard.
b. Cables. Cabling must be through the unit closet as with the Adelphia Cable cable. On the building exterior, cables may penetrate a wall but only to the extent necessary to expose the least amount of cable required to connect to the dish. All cabling must be securely fastened to the wall in horizontal or vertical runs to match the lines of the building. Diagonal runs are not permitted. Any exposed cabling must be painted to blend with the building. All wall and floor penetrations and all fasteners must be properly waterproofed to prevent water penetration.
c. Authorized Installers. The Board will provide residents with the names of authorized installers. Installation by any other person is prohibited.
d. Damage. Members must repair any damage to the Common Areas or other Units caused by the installation of a satellite dish or any of its components. In addition to any other rights the Association may have against Members, if a Member fails or refuses to make repairs, the Association will ' repair the damage and specially assess the Member for all costs including any administrative and legal expenses.
e. Maintenance and Repair. Members must, at their sole expense, maintain and keep in good repair all components of their satellite dish and cabling. Failure to do so will result in fines and penalties against the Member as well as special assessments for all expenses incurred by the Association including any administrative and legal expenses.
f. Inspection by Association. All installations must be inspected and signed off by the Association. Failure to comply with the above will subject the Member to fines and potential legal action.
g. Removal of Dish and Cables. In the event the dish and cables are removed, the Common Areas must be repaired, waterproofed and returned to their original, or better, condition. Cabling used to install dishes is to remain in place but the dish removed when the resident moves.
11.18 Signs. No signs or advertisements are permitted to be displayed to the public view on or from any Unit or in the windows of any Unit.
11.19 Skateboarding, Rollerblading, Bicycling. No skateboarding, roller skating, scootering, rollerblading, bicycling, etc., is permitted at any time in the building.
11.20 Supervising Minors. Residents are responsible for supervising minors residing with or visiting them. Minors are not permitted to play in any of the following Common Areas: hallways, stairways, lobbies, elevators, storage areas, driveways, or parking areas.
11.21 Toilets. No "Turbo" toilets or any other kind of noisy toilets are permitted in Units.
11.22 Trash Compactors. Because of their noise, trash compactors may not be installed or used in Units.
11.23 Trash. All trash, rubbish, and garbage must be removed on a regular basis and deposited in the trash.
a. Trash Chute Rooms. No trash is to be left in the trash chute room.
b. No Boxes. Do not place cardboard boxes or large items in the trash chutes--they will jam the chutes. Such items must be carried down to the dump site in the garage.
c. Disposal of Large Items. Disposal of furniture, household goods, large appliances, or construction debris in the trash chutes, trash rooms, or garage dump site is prohibited. Call the office for assistance in disposing of furniture, goods or appliances. Construction debris must be removed from the property by the Member or his representative.
d. No Loose Trash. Loose trash or garbage in the trash chutes is forbidden. All trash must be secured in plastic bags prior to depositing in trash chutes.
e. Pet Litter. Cat and dog litter must be double bagged. Single bags break and create a stench in the chutes.
f. Hours of Use. Out of courtesy to your neighbors, please do not drop trash in chutes between the hours of 10:00 p.m. and 7:00 a.m.
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12. PET RULES
12.1 Pet Limitation. Only common, domesticated, indoor animals may be kept as household pets.
12.2 Dangerous Animals. No animal may be kept which the Board determines to be dangerous or has been designated as dangerous by a governmental agency.
12.3 Birds. Normal domestic household birds may be kept in limited numbers. Birds which make loud screeching noises are prohibited.
12.4 Registration of Pets. All animals must be registered with the Association.
12.5 Elevators. All pets must be carried or held by their collar whenever they are on an elevator so they cannot scratch elevator surfaces or jump on other passengers on the elevator.
12.6 Fleas and Parasites. Members must keep pets free of fleas and parasites to avoid infestation of the Unit, the Common Area and other pets.
12.7 Nuisance. Members are liable to the Association and other Members for any damage to person or property, or nuisance noise caused by the pets of such Members or their family, tenants or guests. If any pet becomes a nuisance through barking, howling, or otherwise, the Member is subject to increasing fines per occurrence as well as removal of the pet if the nuisance persists.
12.8 Leash. Animals must be kept within an enclosure, held by a person, or kept on a leash no longer than 6 feet in length held by a person capable of controlling the animal whenever the animal is in the Common Areas.
12.9 Tethering Animals. Pets may not be tethered and left unattended in the Common Areas. Pets are not permitted to loiter in the Common Areas.
12.10 Sanitation. Feces must be removed immediately. Urine in Common Area hallways, stairwells, lobbies and elevators must be cleaned immediately.
12.11 Balconies and Patios. Pets must not be left outside on a patio when the resident is away from the Unit; they must be kept inside the Unit.
12.12 Multiple Violations. Any resident receiving more than three (3) fines within a twelve-month period may be required to remove his or her pet from the Association premises.
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13. VEHICLES AND PARKING
13.1 Restricted Parking. No vehicle is permitted to be stored or remain on any portion of the Common Area other than completely within a Member's assigned parking space. No RV, camper, boat, trailer or any other similar vehicle is permitted in any portion of the Common Areas or in any parking space.
13.2 Parking Stickers. Residents must display their Colony parking stickers at all times while parked in The Colony garages. Residents are responsible for informing the manager or the guards if they are using a vehicle temporarily and a temporary parking sticker will be issued.
13.3 Storage. No storage is allowed in parking spaces. Items stored in parking spaces are subject to immediate removal.
13.4 Renting Spaces. No parking space may be rented to or leased to a non-Member except to a tenant in connection with the lease of a Unit. However, Members may rent space on a month-to-month basis to other Members.
13.5 Current Registration of Vehicles. All vehicles must display current registration and meet all California vehicle requirements.
13.6 Idling Engines. Because of carbon monoxide and soot, engines may not be left idling any longer than necessary to move vehicles into or out of the parking areas.
13.7 Head Into Stalls. Because the exhaust will blacken the walls, vehicles may not back into parking stalls.
13.8 Car Alarms. Car alarms that continue to sound for more than a few minutes will result in fines against the Member. If the alarm persists, the car may be towed.
13.9 Electric Vehicles. No electric cars or other similar vehicles are permitted to be recharged except at the Member's expense.
13.10 Motorcycles. All motorcycles must be properly muffled with engine and exhaust noise kept to a minimum. Engines may not be raced, gunned, or revved in a manner which would disturb the quiet enjoyment of residents.
13.11 Repair of Vehicles. CConstruction, repair, service, or maintenance of any vehicle is prohibited except for emergency repairs to the extent necessary for the movement of the vehicle to a proper repair facility.
13.12 Fluid Leaks. Members must keep their parking spaces free of fluids such as oil, radiator coolant, brake fluid, power steering fluid, etc. Members who fail to do so may be fined, be specially assessed for the cost of cleaning the affected areas and/or have their vehicle towed.
13.13 Speed Limit. Vehicles may not exceed 5 mph in the Association's driveways and garages.
13.14 Impeding Access. No vehicle may be parked in such a manner as to impede or prevent ready access to any fire lane, door, gate, entrance, or exit.
13.15 Towing. For any vehicle-related violation, the offending vehicle may be towed by the Association at the Member's expense provided the Association gives the driver notice.
a. Towing Without Warning. Notwithstanding the foregoing, if the vehicle is blocking entrances, exits, fire lanes, within fifteen (15) feet of a fire hydrant, in a handicap parking space without a handicap placard or license, clearly marked restricted areas, other Member's parking spaces, or other vehicles, the vehicle may be towed without prior warning.
b. Notice to Traffic Agency. After towing the vehicle, the Association will give local traffic law enforcement agencies notice of the towing, including a description of the vehicle, the license plate number, and the address of the Association.
c. Notice to Owner. If the Association or its agent can identify the owner of the towed vehicle, the owner will be notified by first class mail or by posting a notice on the owner's door.
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14. NUISANCE RULES
14.1 General Nuisance. No one may cause or permit to be caused anything which constitutes a nuisance. To constitute a nuisance the activity must be unreasonably noxious or offensive; cause an unreasonable disturbance or annoyance; be unreasonably injurious to health; be indecent; violate any federal, state, or municipal law; or create an unreasonable obstruction to the free use of property. Members and other Residents shall not engage in any abusive or harassing behavior, either verbal or physical, or any form of intimidation or aggression directed at other members, residents, guests, occupants, invitees, or directed at management, its agents, its employees, or vendors.
14.2 Nuisance Noise. A noise violation is a noise that can be heard, day or night, 100 feet away from any unit or in an adjacent unit. No resident may allow radios, televisions, musical instruments, loud talking, barking dogs, screeching birds, or other sources of noise under their care, custody or control to create an unreasonable disturbance or annoyance to other residents at any time. Noise violations must be reported to and verified by the guards or the management.
14.3 Noxious Odors. No fumes, gases, smoke, or cooking odors are permitted which may cause an unreasonable health hazard or an unreasonable annoyance to others. Residents with allergies must, at their own expense, take precautions to protect themselves against common-place levels of odors, dust, smoke, gases, pollen, or other environmental contaminants.
14.4 Enforcement Procedures. Because a nuisance is largely subjective, the Association is not obligated to become involved in disputes unless the "nuisance" causes substantial interference rather than mere inconvenience. Guidelines for determining "substantial interference" are as follows:
a. Multiple Units. If the nuisance is such that it disturbs more than one Unit, the Association may take appropriate action to abate the nuisance if the affected residents request in writing that action be taken by the Board which must be specific enough to enable the Board to understand and be convinced of the existence of a nuisance.
b. Single Unit. If the nuisance is such that it only disturbs a single Unit then the disturbance is not sufficient to require intervention by the Association and the two parties should resolve the dispute between themselves.
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15. BALCONIES AND PATIOS
15.1 Member Maintenance Responsibilities. Members are responsible for repairing and maintaining their balconies and patios as provided for below.
a. Clean and Sanitary. Members must keep their balconies and patios in a clean and sanitary condition.
b. Balcony/Patio Doors. Members are responsible for repairing, maintaining and waterproofing, at their sole expense, their balcony and patio doors as well as the door casings and thresholds. This includes weatherstripping, waterproofing, caulking, door guides and any other related hardware and sealants.
c. Balcony/Patio Floors. Members are responsible for repairing, maintaining and waterproofing, at their sole expense, their balcony and patio deck surfaces. All floors must be of a neutral color. The color and material must be submitted to the Architectural Committee for approval.
d. Water Damage. Members are responsible for any damage from water leaks from their balcony or patio.
15.2 Association Inspection and Maintenance Responsibilities. The Association is responsible for maintaining the exterior surfaces, railings, and structural components of balconies. In addition, the Association has the right to enter Balconies and Patios to inspect them. Failure by Members to maintain their balconies gives the Association the right to repair them and special assess such Members for the cost of the repairs.
15.3 Safety Considerations. Members may not throw or permit to be swept or thrown from their Units or balconies any dirt, water or objects.
a. Balcony Edge. No plants or hanging vines are permitted to extend beyond the edge of any Balcony or ledge, nor may any item be placed temporarily or permanently on any ledge. Laundry, rugs, or other items may not be draped over a balcony or patio wall.
b. Balcony Weight Limitations. Members may not place unreasonable weight loads on their balconies.
15.4 Barbecues. Barbecues can only be started with odorless starters as specified by Los Angeles City ordinance. Barbecues are not permitted in the common areas.
15.5 Furniture and Storage Issues. Members may furnish their balconies and patios with outdoor furniture in keeping with the Association's architecture. Unsightly objects may not be placed or stored on balconies or patios where they may be seen by other residents or the public. This includes laundry, mops, appliances, bicycles, clothing, linens, drapes, rugs, mops, or furnishings of any type.
15.6 Watering Plants. Members may not water their plants in such a way as to cause water to drip, spray, or flow onto the balconies or windows of other Units.
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16. RENTING YOUR UNIT
16.1 Rules and Regulations. A copy of these Rules and Regulations must be made a part of any lease agreement. Members are responsible for any rules and regulations, CC&R, or Bylaw violations of their tenants and any monetary penalties incurred as a result.
16.2 Notification. Members who rent their Units must provide the manager with the name and telephone number of the tenant(s). The manager must be advised prior to a renter's moving in or out of The Colony.
16.3 Rights to Facilities Transferred. Upon leasing their Units, Members automatically relinquish to their tenants their right to use the Association's Common Area facilities until such time as they re-take possession of their Units.
16.4 Key Deposit. The Board suggests all Members renting their units require a key deposit to ensure the return of Common Area keys.
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17. SELLING YOUR UNIT
17.1 Signs & Flags. No sign, notice, flag, or advertisement of any kind may be displayed in or around your Unit or in or around the Association, except those which conform to The Colony standard. All other signs will be removed.
17.2 Lock Boxes, Open Houses. Lock boxes and open houses are prohibited. Lock boxes will be removed at the Member's expense. Members and real estate agents are not permitted to leave keys with the guard for prospective buyers or their agents.
17.3 Caravans. Agents may arrange for broker's caravans, provided the building management is advised in advance.
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18. MOVING RULES
18.1 Scheduling the Move. Members must notify the guard or manager at least three (3) days in advance of your moving date so preparation can be made for the move. Before moving in, Members must notify their movers of the need to protect the Association's floors and elevators.
18.2 Licensed and Insured Movers. All movers must be licensed and insured. For liability and workers' compensation reasons, the Association's employees are not allowed to assist in the move.
18.3 Elevators. Before using the Association's elevators Members must hang protective pads in the elevator. Members may borrow the "stop switch" to turn the elevator off during a move. A deposit of a driver's license, credit card or truck keys is required.
18.4 No Lobby Access. Movers must access the Unit through the garage. Moves through the lobby are prohibited.
18.5 Trash and Debris. All trash and debris must be removed after the move. Anything left behind littering driveways, sidewalks, lobbies, etc., will result in fines plus the cost of cleaning.
18.6 Damage. Members will be charged the cost to repair any damage incurred by the move or the cost to restore elevator service interrupted through misuse.
18.7 Tenant Moves. Members have the responsibility to inform their tenants of the Colony move in/move out policy. Members are responsible for any violations of this policy by their tenants.
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19. INSPECTIONS AND COMPLAINTS
19.1 Periodic Inspections. As part of the Association's duty to enforce its Governing Documents, there will be periodic inspections of the property. Where appropriate, pictures will be taken to document alleged violations so that proper action may be taken to correct the violations.
19.2 Resident Complaints. Residents may submit written complaints of alleged violations. However, such complaints must be signed--anonymous complaints will not be acted upon.
19.3 Right to View Complaints. Written complaints will be kept confidential except that the person accused of the violation will have the right to view, but not copy, the complaint.
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20. COMPLIANCE POLICY
First Violation: A warning letter/notice will be sent to the member with a request for immediate compliance. In certain situations, a verbal warning may be given. A fine not exceeding $175 may be levied for the first violation after a hearing as set forth below.
Second Violation: If the infraction continues, or occurs again, a second letter/notice will be sent. A fine not exceeding $200 may be levied for the second violation after a hearing.
Third and Subsequent Violations: In the event that the infraction continues, further letters/notices will be sent. A fine not exceeding $250 may be levied for the third and each subsequent violation after a hearing.
The Association may also retain an attorney to obtain compliance with the governing documents by issuance of a court order/injunction. If an attorney is retained, the member will be responsible for all attorney fees incurred to enforce the governing documents.
Summary of Monetary Penalties
First Violation: 0 - $175
Second Violation: 0 - $200
Third Violation: 0 - $250
Subsequent Violations: 0 - $500
20.1 Hearing Procedure. Prior to imposing a fine or discipline, member will be notified of a hearing. At least 15 days notice will be given of the hearing. The member needs to confirm the hearing time with the manager’s office at least 10 days prior to the hearing date in order to be afforded an opportunity to be heard. If there is no response/appearance by the member at the hearing, the Board may still impose the fine. The member will be notified within 15 days of the hearing of the amount of the fine, if any.
20.2 Monetary Penalties. Monetary penalties for violation of Rules and Regulations and Architectural Standards will be assessed as follows:
Rule #, Rule Description & Fine
3.1 Unauthorized Propping Open of Common Area Locked Doors and Gates $200
5.4 Alcoholic Beverage at the Pool, Spa or Sauna $ 75
5.6 Glass Containers by the Pool, Spa or Sauna $ 75
5.10 Smoking in Common Areas $100
10.1 Eating or Cooking in the Lobby Without a Rental Agreement $75
11.3 Accumulation of Personal Property or Trash in Common Area $75
11.9 Installation of a Non-Complying Air Conditioner, per month of non-compliance $100
11.15 Unauthorized Entrance onto Roof $200
11.16 Unauthorized Entrance into Restricted Areas, i.e. Fire Alarm Room, Elevator Machine Rooms, Telephone Panel Room, or Electrical Panel Rooms $200
11.19 Bicycles, Roller Skates, or Skateboards Used in the Common Areas $75
11.23,c Unauthorized Disposal of Furniture or Household Goods in the Complex $75
12.8 Pets in Common Area Without a Leash $100
12.10 Failure to Clean up after a Pet $100
13.3 Storage in Parking Spaces $50
13.11 Vehicle Repair in Parking Spaces or Garages $75
14.1 Vandalism in the Elevator $500, plus the cost of repair
14.2 Excessive Noise, per series.
Violations will be considered part of the same series if they fall within 90 days of a previous complaint. Fine amounts are for the first, second and subsequent violations in a series. A new series will begin after 90 days pass without a noise violation complaint. $175, $200, $250
14.3 Noxious Odors from Barbecues. $50
15.5 Accumulation of Debris, Clothing, Towels, etc. on Patios or Balconies $75
18.3 Failure to hang protective pads in elevator during a furniture move $200
22.1 c Failure to provide Association with proof of individual unit insurance, per month $100
All Other
All Other Rules — First Violation, Same Offense (depending on severity) Up to $200
All Other Rules — subsequent Violations, Same Offense (depending on severity) Fine increase of $25 to $50
20.3 Suspension of Voting Rights or Common Area Privileges. The same hearing procedures may apply with respect to actions to suspend voting rights or suspend common area privileges.
a. Common Area Facilities. Use of the Association's recreational and other Common Area facilities will be suspended and the person will be asked to leave the facility or fined if they use the facilities.
20.4 Judicial Enforcement. In addition to monetary penalties, suspension of privileges and suspension of voting rights, the Association may file a lawsuit for damages and/or injunctive relief.
20.5 Right to Stop Work. The Board and its representatives have the right to stop any work that is in violation of its governing documents, creating a fire or safety hazard, or unreasonably interfering with activities in the Common Areas.
20.6 Association Right to Cure. The Association may also cure a violation provided, however, the Association gives the Member not less than thirty (30) days prior written notice of the violation and the Association's intent to cure such violation. The Association's expense in curing the violation will become a reimbursement assessment against the Member. In case of an emergency the right of entry and cure will be immediate.
20.7 Special Assessments. The Board may levy special assessments against Members for expenses incurred by the Association for mitigating or repairing damage to Association property or Common Areas. Special assessments will be fully enforceable by all means provided for in the governing documents including lien and foreclosure.
20.8 Cumulative Remedies. The enforcement rights described above are cumulative and the Association may exercise one or more of their rights or remedies including those which may not be listed.
20.9 Failure to Pay Penalty. In the event Members fail to pay penalties assessed against them, the Board may seek judicial enforcement of the penalty including all costs of collection, attorneys' fees, court costs and related expenses.
20.10 Alternative Dispute Resolution. Section 1354 of the Civil Code requires that before the Association or a Member files a lawsuit against the other, the filing party must endeavor to submit the dispute to alternative dispute resolution (ADR) if the lawsuit is (i) solely for declaratory or injunctive relief, or (ii) for declaratory or injunctive relief in connection with a claim for money under $5,000 (other than Association assessments), related to the enforcement of the Association's governing documents. The ADR process is initiated by one party serving a "Request for Resolution" upon the other parties to the dispute. If the individual receiving the Request agrees to ADR, the process must be completed within 90 days unless otherwise extended by agreement. The cost of ADR is to be paid by the participating parties. If a civil suit is filed, the filing party must submit to the court a "Certificate of Compliance" indicating the party has compiled with these requirements. Failing to do so would be grounds for challenging the lawsuit. Although the winning party may be awarded reasonable attorneys' fees and costs, the court may consider a party's refusal to participate in ADR. Failure to comply with the pre-filing requirements of this Section may result in the loss of your rights to sue the Association regarding enforcement of the Governing Documents. The full text of Civil Code § 1354 and a sample "Request for Resolution" is available in the management office.
20.11 Attorneys' Fees. If the Association is required to take legal action to enforce the governing documents, the prevailing party may be awarded attorneys' fees and costs by the court. In addition, the Association will levy special assessments for reimbursement of attorneys' fees and costs from those Members against whom the Association must employ the services of an attorney to ensure compliance with the Association's governing documents regardless of whether legal proceedings are instituted.
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21. ASSESSMENT AND FULL PAY POLICY
Timely payment of regular and special assessments is of critical importance to the Association. Your Board of Directors takes very seriously its obligation under the Association’s governing documents, including the Declaration of Covenant, Conditions and Restrictions (CC&R’s and the California Civil Code to enforce the members’ obligation to pay assessments. The failure of any owner to pay monthly assessments when due creates a cash-flow problem for the Association and causes those owners who make timely payment of their assessments to bear a disproportionate share of the Association’s financial obligations. The following are the Association’s assessment practices and policies
21.1 Due Dates. All Regular Assessments shall be due and payable, in advance, in equal monthly installments, on the first day of each month. It is the owner of record’s responsibility to pay each assessment in full every month regardless of whether a statement/coupon is received. Special Assessments shall be due and payable on the due date specified by the Board in the notice imposing the assessment.
21.2 Payment Receipts / Overnight Payment Location. Owners can request a receipt from the Association which shall indicate the date of payment and the person who received it. Any request for a receipt of payment must be submitted directly to the Association's business address (separately from any actual payment). Overnight payment of assessments may be sent/delivered to the following address:
THE COLONY AT WESTWOOD CONDOMINIUM ASSOCIATION
c/o Union Bank of California
HOA Remittance Processing
2001 Saturn Street
Monterey park, CA 91755
21.3 Application. Payments received on delinquent assessments shall be applied to the Owner's account as follows: payment shall be applied to the principal owed first. Payments on principal shall be applied to the Owner's account by the "balance forward payment" method, i.e., in reverse order so that the oldest arrearages of the principal are retired first. Only after the principal owed is paid in full shall such payments be applied to interest, late charges, collection expenses, administration fees, attorneys' fees, or any other amount due to the Association which result in continued delinquencies. The above will be followed unless the owner and the Association enter into an agreement providing for payments to be applied in a different manner.
21.4 Late Charge. All assessments shall be delinquent if not paid by the 15th day after they become due (15th of each month) and will result in the imposition of a late charge of 10% of the monthly and or special assessment will be imposed each month that the account remains delinquent. Furthermore, the Association shall be entitled to recover any reasonable collections costs, including attorneys' fees, that the Association then incurs in its efforts to collect the delinquent sums.
21.5 Interest. If an assessment payment is not paid within thirty (30) days of its original due date, interest may be imposed on all sums due, including the delinquent assessment, collection costs, and late charges, at an annual percentage rate of twelve percent (12%).
21.6 Lien Letter. If an assessment payment from the Owner is not paid within forty-five (45) days after its original due date, a notice of delinquency ( Lien Letter) shall be sent to the Owner by regular first-class mail and certified mail, return receipt requested. The Lien Letter shall provide at least 30 days' written notice to a delinquent Owner prior to recording an assessment lien and further provide an itemized statement of the charges owed, including a breakdown of: (a) the principal amount owed; (b) any late charges applied as stated in #4 above; (c) any collection costs or fees incurred; and (d) a description of collection practices, including the right of the association to the reasonable costs of collection. A copy of the Association's collection policy shall be attached to the Lien Letter. The owner will be charged a fee up to $60 for the pre-lien letter.
21.7 Show Cause Hearing. Additionally, a delinquent Owner may be given a written notice of a hearing before the Board of Directors or a designated hearing committee, wherein the Owner shall be invited to show good cause why "Membership Privileges" should not be suspended for non-payment of the delinquent assessment(s)
The notice and hearing procedures shall be in accordance with the following:
a. Written notice shall be mailed to the Owner not less than ten (10) days prior to the date of such hearing by first class mail at Owner's last known address as shown on the Association's records. The notice shall set forth the amount of delinquency owed by the Owner and the time, date and place on which the hearing shall be held;
b. The Board of Directors shall provide an opportunity for the Owner to be heard, orally or in writing, at the Show Cause Hearing prior to making any determination on the suspension of any Membership Privileges;
c. In the event good cause is not shown and the Owner's account has not been brought current, then the Board may suspend any of the Owner's Membership Privileges. The Board shall hold the hearing in Executive Session; provided, however, if the Board is requested by a Member to have his/her matter be heard in an open Board meeting, then the matter must be heard in an open Board meeting, and not in Executive Session.
d. After the Show Cause Hearing, the Board of Directors shall provide within fifteen (15) days written notice to the Owner of the suspension of any Membership Privileges.
21.8. Assessment Lien And Foreclosure.
a. If the delinquent Owner does not bring his/her account current within the deadline set forth in the Pay or Lien Letter, the Association shall refer the matter to the Association's attorney, collection agent or any other legal remedy available to the Association for collection and shall cause to be recorded in the County Recorder's Office a Notice of Assessment Lien concerning all sums that are then delinquent, including the delinquent assessment, interest, late charges, collection costs and reasonable attorneys' fees. Recording this notice creates a lien, which is subject to foreclosure, against the delinquent Owner's property.
b. At the same time, the Association shall advise the Association's collection agent/bank that it should accept no further monies from this delinquent Owner until the assessment lien has been paid in full. Owners shall not send any assessment payments to the Association once the matter has been turned over to the Attorney or collection company for collection; such payments shall only be accepted by the law firm. Any payments delivered to the association/management agent/collection agent shall be forwarded to the attorney's office; the attorney shall then release the lien if payment in full was made by the delinquent Owner. A charge of up to $425.00 for collection costs/attorneys' fees shall be charged to the Owner at this stage.
21.9 Enforcement. No less than Thirty (30) days following recordation of the lien, the lien may be enforced in any manner permitted by law, including, without limitation, judicial or non-judicial foreclosure, small claims court and any other legal remedy available to the Association. Nothing in this collection policy limits the Association’s right to proceed in any lawful manner to collect any delinquent sums owed to the Association.
21.10 Approximately Thirty (30) Days After The Notice Of Assessment Lien Has Been Recorded And Sent To The Delinquent Owner, Any account which is still delinquent shall be foreclosed upon, pursuant to the Association's Covenants, Conditions and Restrictions. The procedure used shall be a private foreclosure, pursuant to Civil Code §§2924 et seq. and §1366. If the Association filed the lien at this point the file may be turned over to a collection agency/attorney or other legal means available to the Association. Cost of approximately $300.
a. A Notice of Default and Election to Sell shall be recorded at the County Recorder's Office and a ninety-day reinstatement period shall begin.
b. A Title Report shall be obtained from a title company at a cost of approximately $350.00 and this shall also be charged to the delinquent Owner.
c. Furthermore, an additional $300.00 attorneys' fees and costs shall be charged at this stage
21.11. If the Association determines that the property is over-encumbered, or otherwise makes a determination that a lawsuit is appropriate, the Association shall file a personal lawsuit against the delinquent Owner to recover all delinquent assessments owing to the Association. If a lawsuit is necessary to collect the delinquent assessments from the Owner, all expenses, costs and attorneys' fees in connection with said lawsuit, including but not limited to pre- and post- judgment costs for filing fees, personal service, witness fees, interest, execution of judgment and/or writ fees shall be recovered from the Owner defendant.
21.12. If the delinquency is still not cured ninety (90) days after the Notice of Default and Election to Sale was recorded, the attorney shall proceed to record and publish the Notice of Trustee's Sale. This Notice must also be published three (3) times during a three-week period and posted in a public place. At this final stage, there shall be additional publication costs, as well as attorneys' fees of $125.00.
21.13. When a delinquent Owner has paid in full all delinquent assessments and charges, the attorney shall prepare a Release of Lien which shall be recorded in the County Recorder's Office within 21 days of receipt of the sums necessary to satisfy the delinquent amount and mail a copy of the lien release to the Owner of the residential Lot/Unit.
21.14 Payment Plan Standards. The Association hereby establishes the following payment plan:
a. Payment Within 60 Days: If an Owner can bring himself/herself/itself current within sixty (60) days, inclusive of assessments which accrue within the sixty (60) days of the payment plan, the Association will forbear filing an assessment lien and the Owner will not incur the assessment lien costs if the payment plan is strictly followed. The payment plan shall include an administrative cost of $75.00. By agreeing to the 60 day payment plan, the Owner further agrees that if he/she/it fails to make any of the payments identified in the payment plan, the Association shall have the right to file an assessment lien without recommencing the pre-lien or Pay or Lien Notice process.
b. Payment exceeding 60 Days: In light of the length of time of this payment plan, or an amount due exceeding $1000 the Association shall record its assessment lien in order to establish itself as a secured creditor. The payment plan shall also include an administrative cost of $100 or $25.00 per month for each month of the plan, whichever is greater. All costs related to the recordation of the assessment lien shall be part of this payment plan. The payment plan would require payment of all delinquent assessments amortized over the length of the payment plan, along with all assessments which will accrue during the payment plan. The Association shall further require that the Owner sign a Forbearance Agreement which identifies his/her/its obligations of repayment consistent with the payment plan and further provides that if there is a default under the payment plan, the Association can proceed with the collection process as particularly identified within the Forbearance Agreement. Payment plans under this paragraph 13.b should normally not exceed six (6) months.
21.15 Owner Dispute By Letter. An Owner may dispute the Lien Notice if he/she/it submits to the Board of Directors a written explanation ("Explanation Letter") of the reason for his/her/its dispute within fifteen (15) Days of the postmark of the Lien Letter. If the Owner submits an explanation within the fifteen (15) day requirement, the Association shall respond in writing to the Owner within fifteen (15) days of the date of the postmark of the Explanation Letter. Unless the Association agrees in writing that the Owner has a valid Explanation Letter, the Association will not forbear its collection efforts and will proceed to collect the assessments in accordance with this Collection Policy.
21.16 Request For Payment Plan. An Owner may submit a written request to the Association for a payment plan consistent with either paragraph 14.a or 14.b above. An Owner can also submit a written request to meet with the Board or designated committee to identify which payment plan the Owner chooses, as identified in paragraph 13 above. The Board/Committee is required to meet with the Owner in executive session within 45 days of the postmark of the request for the meeting, if the request is mailed within fifteen (15) days of the date of the postmark of the Pay or Lien Notice. If there is no regularly scheduled board meeting within the 45 day timeline, the Board has designated the Assessment Dispute Resolution Committee to meet with the Owner.
21.17 Inspection. An owner is entitled to inspect the Association’s accounting books for their account to verify the amounts owed pursuant to Corporations Code Section 8333. If it is determined that the owner has paid the assessments on time, the owner will not be liable to pay the charges, interest, and costs of collection associated with collection of those assessments.
21.18 Alternative Dispute Resolution. If an Owner pays in full all assessments in dispute, late charges, interest, and all fees and costs associated with the collection of the delinquent assessment, and the Owner states by written notice that the amount is paid under protest (and said notice is mailed by certified mail to the Association not more than thirty (30) days from the recording of a Notice of Assessment Lien), then in such an event:
a. The Owner shall be informed of the following procedures available to the Owner to resolve said problem, Alternative Dispute Resolution ("ADR"), A civil action, and Through a hearing with the Assessment Dispute Resolution Committee. (See 18.c below)
b. The above remedies are available to an Owner so long as (a) all delinquent amounts are paid in full, including: the amount of the assessment in dispute; late charges; interest; and all fees and costs associated with the preparation and recording of a Notice of Assessment Lien (including mailing fees and any attorneys' fees up to $425.00); and (b) said Owner states by written notice that the amount is paid under protest, and the written notice is mailed by certified mail to the Association not more than 30 days from recording of a Notice of Assessment Lien, in accordance with Civil Code §1366.3.
c. The Board of Directors has established an Assessment Dispute Resolution Committee and has delegated to said Committee the power and authority to compromise, reject, or take whatever action it deems appropriate related to the claim of the disputing Owner. Once the Association receives the certified notice from the disputing Owner, it shall forward to the Owner the attached Notice of Dispute Resolution or similar format, which shall offer resolution through the Assessment Dispute Resolution Committee. Said hearing must take place within forty-five (45) days of notification of the dispute from the Owner.
d. An Owner may not utilize ADA more than two times in any single calendar year and not more than three times within any five calendar years, other than by mutual agreement between the Association and the Owner.
21.19. The Association will record a lien release within Twenty-One (21) days after all delinquent assessments, including charges an cost of collection, have been paid.
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22. PROPERTY DAMAGE
22.1 Property Damage, Dwelling Units. In connection with a claim made under the Association master policy affecting “unit components”, the Association will allocate between the Association and the affected owner that portion of the claim not paid under the master policy up to a maximum of $10,000 (“non-paid damages”) as follows:
a. If the claim is solely for damage to unit components which are the responsibility of the owner as set forth in Section 2.8 (“Maintenance”) of the CC&R’s, the owner shall be responsible for all non-paid damages.
b. Where a claim is for damages to unit components and to exterior components as described in Section 2.8 (“Maintenance”) and common area, the owner shall be responsible for a pro rata portion of the non-paid damages. This apportionment shall be based on the percentage of damage to the unit components in relation to the total damage.
c. If the Association is negligent, it shall be responsible for the non-paid damages.
d. If the owner is negligent, the owner shall be responsible for the non-paid damages.
e. There shall be an appeal process for allocation disputes.
f. Unit components include: wall and floor coverings (including carpets, hardwood, tile, marble, etc.) built- in cabinets, counters, and bookshelves, hardware, plumbing fixtures, dishwashers, refrigerators, stoves, washers, dryers, sinks, shower and bath installations, doors and windows.
22.2 Homeowner Insurance Requirements.
a. All homeowners are required to maintain $100,000 minimum liability coverage for all units where no structural architectural changes have been made.
b. Homeowners are required to maintain $300,000 minimum liability coverage for any units that have had structural architectural changes, and/or are used as rental units.
c. A copy of an effective insurance policy for each unit must be kept on file at all times with the manager. A monetary penalty of $100 per month can be imposed when homeowners do not furnish proof of insurance.
22.3 Mold Damage. The Colony at Westwood Condominium Association, members of the Association’s Board of Directors, officers of the Association and/or Association’s management shall not be liable for any damage to personal property, damage to the separate interests, or personal injuries, including claims for emotional distress, caused or contributed to by the presence of mold or other fungal growth except to the extent such damage is caused by willful misconduct of the Association.
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