NORTHSHORE RULES · Landscape Company Slade Landscaping 818-885-1916 (sprinkler emergencies only)...
Transcript of NORTHSHORE RULES · Landscape Company Slade Landscaping 818-885-1916 (sprinkler emergencies only)...
NORTHSHORE
RULES
Fifth Update of November 2011 Approved Rules and Regulations
Revised August 13, 2013
PLEASE RETAIN
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Important Telephone Numbers
If you have a true emergency, call 911 first.
Management Company: Concord Consulting 805-445-1040 Dock Rental/Arch App: Concord Consulting 805-445-1040
Patrol Service Cornwall 805-676-1828
Lake Management WLMA 818-889-5377
Waste Management/GI Industries 800-675-1171
Landscape Company Slade Landscaping 818-885-1916 (sprinkler emergencies only)
Management Company Concord Consulting & Association Services, Inc. 888 W. Ventura Blvd. Suite C Camarillo, CA 93010 Tel: 805-445-1040 Fax: 805-445-1373 [email protected] The management office is open weekdays from 9:00 a.m. to 5:00 p.m. There is an answering service for emergencies outside these hours.
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TABLE OF CONTENTS
LETTER FROM THE BOARD 3
GOALS 5
FACILITIES & SERVICES 6
COMPLAINTS & REQUESTS 7
GENERAL RULES & INFORMATION 8
ANIMALS 11
BLOCK CAPTAIN DUTIES 12
STREETS & PARKING 13
POOL, JACUZZI & BEACH AREA 15
CLUBHOUSE 17
DOCK 21
GUEST PARKING 25
SCHEDULE OF FINES & PENALTIES 27 ENFORCEMENT OF GOVERNING
DOCUMENTS
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NORTHSHORE PROPERTY OWNERS' ASSOCIATION
WESTLAKE VILLAGE, CA 91361
November 2011
Dear Property Owners and Residents:
This is an update of the fifth revision of our Northshore Rules and information booklet originally distributed in August 1977, revised in November 1981, June 1984, November 1989 and December 2003, November 2011, and March 2013. Please keep it for reference. Future minor revisions, additions, and/or deletions of these Rules will be provided to owners and should be maintained with this booklet. Architectural Rules are published in a separate pamphlet.
The Northshore Property Owners' Association, incorporated in 1973, is a non-profit corporation, chartered and governed by the laws of the State of California. The corporate powers of this Association are vested in and exercised by a Board of Directors. A secretary, treasurer, and various committee members, as well as block captains, assist the Board in its functions. The Board employs the services of a Property Management Company to oversee in the day-to-day affairs of the Association, and delegates certain powers and duties to the managing agent of the Company.
The Board, all property owners, and residents are governed by a document entitled "Declaration of Covenants, Conditions and Restrictions" ("CC&R's or the Declaration") which was prepared by the developers of Northshore and approved by the State of California Department of Real Estate. Included therein are the By- Laws and Restrictions. In addition, the Board has the power to pass rules having the same force and effect as the CC&R's.
The Board realizes that some of the rules and restrictions may
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seem strict to a new resident. However, it is the Board's duty and
responsibility to enforce these rules. The alternative would be a
significant degradation in the standards and property values of our
community.
Our community is unique. Westlake Village, in general, and
Northshore in particular, possess great charm, tranquility, and
natural beauty seldom found elsewhere. It is important for us all to
help maintain this quality of life.
Copies of this booklet are available from our Management
Company and should have been provided to you by the real estate
and/or escrow company when you purchased your Northshore
property.
Sincerely,
NORTHSHORE BOARD OF DIRECTORS
Revised August 13, 2013 Page 33
GOALS
1. To preserve the great charm and natural beauty of Northshore.
2. To maintain, control, and preserve the area as a desirable residential community.
3. To maintain and improve property values of the community.
In order to achieve these goals, the objectives are:
4. To instill pride of ownership and residency.
5. To maintain-all Association facilities and common property in a neat, attractive, and professional manner.
6. To support not only the letter but also the spirit of the CC&R's.
7 To establish and maintain as low a budget as possible, consistent with these goals and fiscal reality.
8. To require the Association's manager and various contractors to perform their duties with high standards and levels of effort.
9. To foster an atmosphere of good neighborliness among all residents.
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FACILITIES AND SERVICES
1. The boat docks are the property of Northshore Association.
Northshore controls slip rentals, maintenance of the docks,
insurance requirements, boat/dock inspections, and fishing.
2. A shuffleboard court is located just east of the pool; cues
and equipment are available adjacent to the court.
3. The Patrol service performs random and scheduled patrols
of the pool, recreation area, streets, and guest parking areas.
4. Northshore's streets and streetlights are privately owned by
the Association and are maintained and repaired at our own
expense. The Thousand Oaks Police Department has been empowered by the City Council to enforce parking restrictions and the California Vehicle Code on our streets. (Thousand Oaks Resolution No. 85-280).
5. The Association maintains the greenbelt, walkways,
railings, lights, and storm drain systems.
6. The Association contracts for routine weekly trash removal.
Pick-up is currently every Monday; and certain major
holidays may postpone pick-up by one day. Information and
complaints concerning service should be directed to Waste
Management/G.I. Industries.
7. A bulletin board is maintained inside and outside the
clubhouse. The Northshore monthly newsletter, notices of
meeting schedules, list of officials, and other pertinent
information are posted thereon.
8. The Association provides fire and earthquake insurance for
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common property and all property unit structures. Interior contents of each property unit are not covered and are the sole responsibility of the property owner.
9. A pay telephone is maintained at the clubhouse located at 2636 Northshore Lane, Westlake Village, CA. The telephone number is (805) 495-9223.
10. Street sweeping service is provided on selected Thursdays. Signs will be posted at the Northshore entrances on the day prior to street sweeping. To preserve the area as a desirable community, cars must be removed from Northshore streets on street sweeping days 7am to 7pm.
COMPLAINTS AND REQUESTS
1. Complaints and requests for information should be sent in writing to the Association's Management Company. (See Important Telephone Numbers, front of book)
2. The Officers and the Block Captains may be available for certain information. However, it is emphasized that the
Management Company is the primary contact. It is requested that the Board Officers and the Block Captains' privacy be respected, especially during evening hours. The Board Officers and Block Captains are not expected to be "Policemen or Dog Catchers".
3. Civil matters should be directed to the Sheriff or other appropriate authority.
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GENERAL RULES AND INFORMATION
1. General information, new rules, and notice of Board meetings are published in the Association's newsletter, "Northshore Notoriety." A list of Northshore's officials and contact numbers is also contained therein.
2. Northshore Board meeting minutes are held by the Association's Secretary. The Board of Directors and the Management Company hold copies of minutes and financial statements. Copies of the annual audit, yearly budget and reserve study are distributed to homeowners annually.
3. The monthly property owners' assessment is determined annually by the Board of Directors. The Management Company renders association dues statements and bills monthly. Payment is due and payable by the first (1st) of each month. A 10% late charge is assessed if unpaid after the 15th of the month. Delays of thirty (30) days or more in payment will result in interest charges of 12% annually. Delays of sixty (60) days or more will result in a lien process.
4. Each housing unit shall be used exclusively for single family residence purposes.
5. No gainful occupation, trade, or other non-residential use that creates traffic, or a nuisance to neighbors shall be conducted in any housing unit or garage.
6. No exterior additions to, or alterations affecting the exterior appearance of a unit or its landscaping, may be made without prior written approval from the Association's Architectural
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Committee.
7. No living tree six (6) feet or more in height, may be removed without the written consent of the Association's Architectural Committee and/or Association's Greenbelt/Tree Committee.
8. Clotheslines shall not be visible from neighboring property, streets and greenbelts.
9. Exterior antennas may not exceed a diameter or diagonal measurement of 36 inches. The location of antennas must be coordinated with and approved by the Architectural Committee prior to installation.
10. Yards, shrubs and trees shall be neatly trimmed and maintained. Property owners are not to plant in the greenbelt and/or common areas.
11. Trash shall be kept in covered containers not visible from neighboring property or streets except on scheduled pick-up day or the night before. The owner must promptly remove trash containers after scheduled pickup. Trash shall not be permitted to litter Northshore streets.
12. It is the responsibility of each and every resident to promptly remove all advertising material and newspapers from their driveway, yard and roof.
13. Signs of any kind, other than those installed by Northshore, are prohibited on the greenbelt and other common areas.
14. Noncommercial and real estate signs ("for sale" or "for lease") are permitted on private property only and shall not exceed six square feet in size. Real estate signs shall be
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removed immediately after the second weekend following
sale or lease of the unit.
15. Units and fences shall be properly painted and kept in good
condition. Color schemes shall conform to Architectural
Committee specifications. Color schemes are available from
the Management Company and are posted in the clubhouse.
No deviations are permitted without the express written
approval of the Architectural Committee.
16. All individual lakefront property owners° boats and docks are
subject to Westlake Lake CC&R's, Rules and Regulations.
17. No nuisance or excessive noise shall be permitted to exist
within any unit so as to be offensive or detrimental to the
neighbors.
18. Children and animals shall be constrained from damaging
ground cover, trees, shrubs, and other plants in the greenbelt,
common walkways, and recreation areas.
19. Garages in each unit shall be available for parking cars and
shall not be converted to other purposes.
20. Property owners who lease or rent their homes, and are no
longer permanent residents, surrender all Northshore
Association privileges to their lessors or renters, except
voting in Association matters.
21. All residents are requested to help in curbing vandalism of
Northshore community property, including the greenbelt
sprinklers, walkways, pool and beach area, signs, and
lighting systems.
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22. Outdoor garage light fixtures, sensors and bulbs, located on
units on Northlake Circle, Shoreview Circle, Lakewood
Court and the east (hillside) end of Lakeridge Lane are
maintained by the Association. All other repairs to private
property are the sole responsibility of the owner. (Removed
02-28-13)
23. The use of bicycles, scooters, motorcycles, mopeds, skates,
and skateboards is prohibited on Northshore sidewalks.
Absolutely no motorized scooters are to be used within the
Northshore complex. The streets, sidewalks and greenbelts
of Northshore are privately owned and as of October 1,
2000, anyone using a motorized scooter will be subject to
fines. The owners are responsible for their tenants as well as
their children and it is the owner that will receive the fine.
The fine for the first offense will be $50 and subsequent
fines will be $100.
24. No tent, shack or trailer is permitted on any private property.
25. No modifications or additions to common property or the
greenbelt are permitted.
ANIMALS
1. Only a reasonable number of recognized house or yard pets
are permitted.
2. "Reasonable" shall be construed to mean three (3) or less,
and in excess of one year in age.
3. No animal or bird shall be permitted to make an
unreasonable amount of noise or be a nuisance.
4. No structure for housing an animal or bird shall be visible
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from neighboring property.
5. Owners must keep dogs and animals on a hand held leash, which does not exceed 6 feet in length.
6. The owner shall not permit the animal to foul the sidewalks or common areas and the owner must immediately clean up after their animal(s).
7. Dogs and other animals are prohibited from the pool and pool area, Clubhouse, and beach area.
8. Dogs and other animals are allowed on community docks for the purpose of going to and from a boat.
9. All animals, because of the danger of coyotes, should be kept inside at night.
10. No bird feeders or pet food are allowed on patios or in yards, so as not to attract coyotes, rats, or other animals.
BLOCK CAPTAINS DUTIES
1. Welcome and greet new residents.
2. Apprise new owners of Northshore CC&R's and Westlake Lake CC&R's and Rules.
3. Distribute "Northshore Rules" to all new residents.
4. Distribute "Northshore Notoriety" newsletter if required.
5. Circulate Board-approved petitions.
6. Help maintain the master roster of current owners and
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residents.
7. Assist in Board sanctioned special projects (parties, garage
sales, etc.).
8. Be alert to infractions of Northshore CC&R's and rules,
particularly architectural changes and parking problems.
9. Assist in ensuring a quorum of proxy returns for annual
meetings.
10. Be alert for safety hazards.
11. Attend Board meetings and keep informed of Northshore
policies.
12. Assist the Board and its Committees in communications with
owners and residents.
13. Be alert to the need for obtaining compassionate aid in case
of sickness, death or disaster.
14. Assist the Board and other authorities in major disaster, such
as earthquake, flood, or fire.
STREETS AND PARKING
1. No mobile home, trailer, truck with camper, boat, or
commercial vehicle shall be permitted on any driveway,
street, or guest parking where visible to the neighbors, except
for immediate loading and unloading.
2. Parking of non-commercial vans is permitted only if they do
not constitute a safety hazard for neighbors entering the
street from their driveways or other visual safety restriction.
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It is requested that these vehicles be parked in garages where
possible.
3. Vehicles shall not be permitted to foul and damage streets or
driveways with leaking oil or other fluids.
4. SPEED LIMIT: 15 MPH except on blind curves where it is
reduced to 10 MPH. Since Northshore streets do not have
sidewalks, drivers must be especially alert for children and
pedestrians of all ages.
5. Vehicles should be washed with clean water only. Storm
drains shall not be used to dispose of any foreign matter
except water.
6. Effective October 1, 2000 there will be no parking allowed
on the Northshore streets between 7:00 a.m. and 7:00 p.m.
ON THURSDAYS, so that the street sweepers are able to do
a complete job. Vehicles parked on the street during that
time will first be given a warning, then towed or booted if
still not in compliance. The owner will be subject to
monetary penalties (2nd offense $50, subsequent offenses
$100) and towing/booting costs.
7. It is requested that residents park all vehicles in their garages
or driveways. Disabled vehicles shall not be parked on
Northshore streets.
8. Residents shall not park so as to block neighbor's garage or
driveway. Fire lanes shall be left open and free.
9. Vehicles shall not be parked in front of adjacent neighbor's
unit. Vehicles shall not be parked adjacent to red or blue
curbs.
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10. All open parking is for the use of guests and residents on a
first come, first serve basis with the exception of the open
parking spaces at the pool, clubhouse or beach area. Parking
at the pool, clubhouse or beach area is for temporary parking
while using the pool, clubhouse or beach area only. (REV.
August 13, 2013.)
11. Repair work on vehicles is not permitted in driveways,
Northshore streets and parking areas.
12. Non-licensed vehicles are not to be driven or parked on
Northshore streets.
13. Per California Code a vehicle which appears to be
abandoned or not moved may be ticketed by the Patrol
Service. Once ticketed, after 96 hours the vehicle may be
towed. Contact Patrol Service for ticket and towing
information.
POOL, JACUZZI AND BEACH
1. The pool is for the sole use of Northshore residents and their
accompanying guests.
2. The pool area includes women and men's bathrooms,
showers, and saunas, which are cleaned by a contracted
service company.
3. The pool, Jacuzzi, and beach area is opened at 6:00 a.m.
every morning and closed at 11:00 p.m. every night.
4. An adult must accompany children under 14 at all times.
5. All pool area and clubhouse furniture is provided and
maintained by the Association. Please do not abuse it.
6. Children under 14 are not allowed in the Jacuzzi or sauna.
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7 Showers are required before entering the water. Sandals or shoes must be worn to the pool area.
8. Swimmers having long hair must wear caps or ties.
9. No cut-offs, dungarees or denim is permitted in the water.
10. Running, horseplay, loud radios, and unnecessary noise are not permitted. Radio earphones are encouraged.
11. Rafts, diving and jumping into pool are permitted only during non-peak hours and with care not to cause injury to anyone. Ball playing is allowed on the greenbelt or beach. It is not allowed in the pool area.
12. Glass containers for food and/or drinks are prohibited. Please use plastic and recycle.
13. Owners may obtain a pool key from the Management Company. Only one key per residence is permitted.
14. A non-refundable $250 charge is required for replacement of lost key.
15. Renter is required to have owner's written approval prior to issuance of one (1) key to renter.
16. Smoking is not permitted in the pool area, bathrooms or saunas.
17. Pool and beach area gates are to be kept closed and locked at all times for safety and to help prevent trespassing.
18. Keep Northshore pool and beach area free from litter by using the containers provided.
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19. Consideration of others by resident's guests and judgment should be exercised so other residents are not inconvenienced. The resident host must accompany all
guests at all times.
20. Babies must wear diapers designed for pool use.
CLUBHOUSE
1. Priority of Use
1st Priority Regularly scheduled meetings of the Northshore Property Owners' Association Board of Directors.
2nd Priority Regularly scheduled activities of Northshore residents' groups previously calendared.
3rd Priority Northshore individual residents' private parties.
The term resident refers to people who are domiciled (i.e., reside, live) in Northshore. This includes owners who live in Northshore, or their renters who lease property in Northshore. As used herein, the term "permanent resident" means that the person maintains their 'domicile' at Northshore as defined by California Elections Code Section 2000 or any successors' code section. If you own Northshore property and it is not your domicile, you cannot use Northshore recreational areas.
Please note that as a public service, the clubhouse is the polling place during elections. This is handled through the Management Company. Insurance and responsibility are covered by government agencies.
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2. Rules and Restrictions
A. Under no circumstance is the clubhouse to be rented out for pay. This is due to insurance restrictions and the Association's non-profit corporate status.
B. Northshore residents for their private parties may only reserve the clubhouse. This means a party the resident initiates, attends and controls. The clubhouse is not available for company, social group or club functions. Exceptions may be granted to a non-profit club whose total membership has a majority of Northshore residents.
C. The clubhouse, pool, beach, and docks comprise the Northshore recreation area. Keys to the clubhouse are available from Northshore Management Company and/or held by a key custodian, whose name is periodically published in Northshore's newsletter. A signed application and deposit are required for use the clubhouse and related area.
D. Residents who are renters must provide a Certificate of Liability Insurance naming Northshore POA as an additional insured when making a clubhouse reservation. Northshore homeowners/residents do not have to provide this proof.
E. The clubhouse may only be reserved between the hours of
• 10 a.m. and 10 p.m. Monday through Thursday
• 10 a.m. and 11 p.m. Friday through Sunday
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F. The clubhouse may not be reserved for use on any legal or religious holiday.
G. A maximum of 50 people is permitted for any use of the clubhouse.
H. Parties for minors require a minimum of least one adult per six (6) minors in attendance at all time.
I. Use of clubhouse does not include exclusive use of the pool, pool area, and beach.
J. When parties do include use of the pool, pool use shall be limited to three (3) hours.
K. No loud music is permitted in pool area.
L. Barbecues are permitted in beach area only. The user (at his/her residence) must dispose of residual fuel materials (i.e. briquettes.) These materials may not be disposed of in the plastic or metal trash cans, lawn or planted areas in the beach or pool area.
M. Shuffleboard equipment is available adjacent to shuffleboard court. All borrowed equipment must be returned to its original location.
N. All facilities used must be cleaned prior to 10 a.m. on the day following the party. The resident is responsible for contacting the Key Custodian or the designated Board Member to inspect the facilities and obtain key from Clubhouse Renter by that time.
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3. Application and Deposit
A. Residents must obtain and complete an application for
use of the Clubhouse from Management Company and
submit completed application to the Management
Company at least fourteen (14) days, and not more than
ninety (90) days, in advance of the requested date.
B. All reservations for use of the Clubhouse shall require a
deposit of $250 at least seven (7) days prior to use, which
shall be applied as follows:
1.) $50.00 is for cleaning and refundable to the user
when the facility is found to be in a clean and
acceptable condition after use;
2.) $200.00 is for security and is refundable when there
is no damage to the facilities or equipment arising
from the resident's use and no violations have
occurred as set forth in the Clubhouse Agreement.
If repair to facilities exceeds deposit, the user , will
be assessed.
C. Renters must provide a Certificate of Liability Insurance
naming Northshore POA as additional insured.
D. Reservation is subject to cancellation if any of the above
requirements are not met.
4. Process
A. The resident will make arrangements to pick up the key
from the Key Custodian and/or Management Company
along with a copy of the reservation application.
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B. The resident will take a copy of the application to the party for reference.
C. The resident must be in attendance of his/her party at all times and abide by all the rules of the clubhouse agreement.
D. Following the party, the resident is responsible for the following:
• Remove all decorations
• Clean the room, kitchen and floors • Turn off any and all kitchen equipment, and air
conditioner or heater
• Turn off refrigerator switch located inside of refrigerator
• Empty trash barrels • Turn off lights in clubhouse and restrooms • Return all equipment used • Lock all doors and gates
E. Contact Key Custodian or designated Board Member no later than 10 am on the day following the party to check out, have the application signed off and return key.
DOCKS
1. The Northshore docks are a common-area element owned by all members of the "NPOA") and is operated by the NPOA Board of Directors (hereinafter "Board") with the assistance of the Northshore Property Owners' Association (hereafter referred to as Dock Committee (hereinafter "Committee").
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2. Disputes are to be resolved by the Committee with the
advice and consent of the Board.
3. All persons who rent a boat slip at Northshore docks must be
residents of Northshore (owner or renters). Any non-
Northshore resident who is partner with a Northshore
resident cannot rent NPOA dock boat slips. The term
resident refers to people who are domiciled (i.e., reside, live)
in Northshore. This includes owners who live in Northshore
or their renters who lease property in Northshore. If you own
Northshore property and it is not your domicile, you cannot
rent a boat slip at Northshore areas per our CC&R's. Your
name may be put on the waiting list. But if/when a slip is
offered, you must, at that time, be a Northshore resident as
defined above.
4. The NPOA Board with the assistance of the Committee has
sole authority to oversee Northshore residents who shall
have the privilege of renting a slip at Northshore do.cks. The
Board can revoke this slip rental privilege at any time,
provided thirty (30) days written notice is given, should any
Association rule be violated. Northshore residents are not
guaranteed a Northshore dock boat slip, nor can a
Northshore dock boat slip be included as part of the sale of
any Northshore residence and/or boat.
5. The term of the rental of a boat slip at Northshore docks
shall be one (1) calendar year, beginning January 1, and
ending December 31.
6. NPOA'S Board, with the assistance of the Committee, will
establish dock slip rental fee. The fees are subject to change
by the Board provided thirty (30) days notice is given. Slip
rental fee payment is due in full to NPOA'S Management
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Company by January 31 of the calendar year in which the
slip will be rented or the rental agreement will be subject to
termination. In cases where the payments are delinquent, no
refunds or adjustments will be given for such terminations.
7. If NPOA's Management Company does not receive the slip
fee payment by the due date, the slip must be vacated
immediately. Any boat still residing in a slip past the due
date will be subject to impounding and all impound fees will
be incurred by the boat owner. In addition, any slip payments
made to NPOA under these circumstances will be forfeited.
Any person wishing to rent a slip at Northshore docks must
submit a request in writing to NPOA'S Management
Company. If a slip is available, the applicant will be
extended the opportunity to rent a slip. If the rental occurs
during the year, the fee will be charged on a pro-rated basis
in one- month increments and such partial-year payments
must be made in full before the slip can be rented.
8. If the dock slips are full, a waiting list shall be established.
NPOA'S Management Company will maintain the waiting
list on a first-come, first-served basis. To be placed on the
waiting list, a prospective slip renter (person domiciled or a
renter in NPOA) must submit a request in writing and $200
deposit to the NPOA'S Management Company. When a slip
becomes available, NPOA's Management Company will
contact the Dock Committee and/or the first person on the
list. If the person contacted declines to rent the slip, their
name will be moved to the bottom of the list and the next
person on the list will be contacted. New dock renters will be
allowed a 30-day grace period to purchase a boat upon
renting a slip.
9. Anyone who sells a boat docked at Northshore docks must
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notify NPOA'S Management Company within five (5) days
of the sale. The slip must be vacated within ten (10) days of
the sale. Upon vacation of any slip prior to December 31, the
slip renter may apply for a refund, on a pro-rated basis of the
dock fee paid.
10. All slip renters agree to abide by all Northshore Rules and
Regulations, as well as all pertinent Rules and Regulations of
the Westlake Lake Management Association (WLMA).
These include, but are not limited to, possessing current
WLMA boat registration stickers and providing proof of
insurance.
11. All resident slip renters must accompany their guests on to
the dock and on their boats. Slip renters may not loan out or
sublet their slips or boats.
12. The NPOA assumes no liability or responsibility for any
damage to personal property including but not limited to
boats, kayaks, and canoes.
13. The Dock Committee or NPOA retains the right to assign
and change slips as deemed necessary.
14. The condition of all boats moored at Northshore docks is
monitored. Upon notification that a boat has fallen into
disrepair, or poses a safety hazard or visual blight, the boat
owner will have thirty (30) days to rectify the problem or the
slip lease will be subject to termination. In such cases, all
slip, fees will be forfeited and any boat residing in the slip
will be subject to impounding.
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GUEST PARKING
1. Temporary Guest Parking
A. Temporary Guest Parking areas are for guests only. All
other vehicles parked in guest parking areas are subject
to towing at owner's expense.
B. Residents must notify the Patrol Company by 12
Midnight to receive authorization for overnight guest
parking.
C. Patrol Company requires the following information:
resident's name, address, phone number, make, color and
license plate of the guest's vehicle.
D. A guest vehicle can be authorized for up to 14
consecutive days (within a three month period) with one
phone call to Management Company.
E. Failure to follow Guest Parking rules:
1.) First Violation: Patrol Service tickets the
unauthorized vehicle.
2.) Second Violation: Patrol service tickets
unauthorized vehicle and post written warning
stating that the next time this vehicle is parked
without proper authorization, it will be towed at
owner's expense.
3.) Third Violation: Patrol service tows at owner's
expense according to California Vehicle Code Section 22658.2 i.e., regarding towing procedures,
fees and fines.
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2. Fire Access Lanes and Handicapped Parking
A. Vehicles parked in the fire access lane, handicapped
parking without handicap sign, or in red zones, are
subject to immediate tow.
B. NO PARKING behind garages in fire access lanes is
permitted at anytime, day or night, BY ANYONE.
C. Exceptions allowing guests to park overnight for more
than fourteen (14) days in a three-month period may be
made under unusual and/or extreme circumstances. For
example, a hospice nurse requiring long-term parking
may be granted a waiver. Requests for waivers must be
made in writing to the Management Company. If request
is granted, residents will receive written notice with
specific terms of the waiver.
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SCHEDULE OF FINES AND PENALTIES
ENFORCEMENT OF GOVERNING DOCUMENTS
Each violation of the Northshore Property Owners' Association governing documents is an infringement on the rights of all other residents of the community. Some infringements are minimal in the breadth or scope of their impacts. Others are very serious.
The enforcement policy of Northshore Property Owners' Association is intended to reflect the Board of Director's recognition of the various different levels of violations, which can occur within a community association such as ours.
The enforcement procedure, therefore, provides for a range of remedies that may be used to ensure compliance with the governing documents. It shall be the practice of the Association to utilize the lowest level of remedy found to be compatible with the gravity of each violation will promptly cause the violation to be eliminated, Implementation of progressively more rigorous remedies may follow as necessary to resolve the problem.
1. Remedies Available
The Board of Directors shall be empowered to utilize each and every of the following measures against a member for each violation of the Northshore Property Owners' Association governing documents:
A. Issue a Letter of Reprimand B. Suspend Voting Rights or Use of Common or Recreation
Areas C. Impose Monetary Sanctions D. Seek Mediation or Arbitration E. Seek Self Help
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F. Commence Legal Action
G. Invoke such other Non-Judicial Remedies as may exist
under Statute from time to time.
2. Duration of Penalt ies
No suspension of the rights and privileges of a member shall
exceed thirty (30) days for any separate violation. In
appropriate situations, the Board may determine that a
continuing violation constitutes a separate violation for each
day of its existence.
3. Monetary Sanct ions
The amount of the monetary penalty depends on the
violation category. Two categories of violations exist:
Rule Violations (parking, pets, signs, etc.):
First Offense: Warning Letter
Second Offense: $25 Monetary Penalty
Third Offense and beyond: $50 Monetary Penalty
Continuing Offense: Continuing monetary penalties until
violation is cured (not to exceed $5,000 during any twelve
month period.)
Failure to comply with the architectural guidelines or to
maintain the exterior appearance of the property:
First Offense: Warning Letter
Second Offense: $50 Monetary Penalty
Third Offense and beyond: $100 Monetary Penalty
Continuing Offense Continuing monetary penalty until
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violation is cured. (Not to exceed $5,000 during any twelve month period)
Failure to correct a violation in response to a warning letter may result in a single monetary penalty, and/or continuing monetary penalties, which may be imposed on a daily, Weekly or monthly basis as the Board of Directors determines to be appropriate to be effective.
In no event shall the monetary penalties for a continuing rule violation exceed $5,000 during any twelve month period. In no event shall the monetary penalties for an architectural guidelines or maintenance of the exterior appearance of the property violation exceed $5,000 during any twelve month period. If the continuing violation is not cured by the time the monetary penalties accumulate to the maximum amount, the Association may elect to take legal action to cure the violation. The imposition of such monetary penalties shall be subject to the notice and hearing procedures described below.
Total monetary penalties, which may be imposed for identical repeated separate violations of any provision of the governing documents shall not exceed:
1.) $5,000 for a rule violation; or
2.) $5,000 for an Architectural guideline or maintenance of the exterior of the property, violation during any twelve month period.
The suspensions and sanctions provided for herein are intended to be cumulative, and may be imposed singly and/or in such combination as the Board determines to be appropriate to be effective. The Association has the right to
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pursue one or more remedies simultaneously. The selection
of one remedy does not preclude the Association's right to
pursue others.
All monetary sanctions imposed by the Board shall be due
and payable on the day such discipline has become final.
Any monetary sanction which remains unpaid thirty (30)
days after it has become due shall bear interest at such terms
and at such rates as are provided from time to time by statute
for unpaid assessments.
4. Procedure
No suspension action shall be taken against any person or
any lot nor shall any monetary sanction be imposed except in
accordance with fair and reasonable procedures, which
procedure shall include all of the following:
A. Notice: When the Board of Directors is to meet, to
consider or impose discipline upon a member, the
person(s) and/or lots subject to discipline shall have been
given notice in writing, delivered personally or by first
class mail, postage prepaid, addressed to the most recent
address maintained on the Association's books for such
person or lot, advising the nature of the violation alleged
to exist, the section or sections of the governing
documents alleged to be violated, the possible discipline
which might be imposed for each violation found to
exist, and that the person has the right to a hearing on the
matter before the Board. Such notice shall be given at
least ten (10) days prior to meeting.
B. Hearing: Any person subject to proposed discipline by
the Board shall be afforded a reasonable opportunity to
be heard concerning the alleged violation and/or any
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discipline which may be imposed. Any such person may appear in person or by submitting a written statement. Any such person may be represented at the hearing by counsel, but in no event shall the Association or the Board be responsible for any costs or fees incurred by any person in connection with any appearance by such counsel. Formal rules of evidence need not apply at any hearing conducted by the Board; rather the Board shall be entitled to consider any and all evidence that it deems to be relevant to any issue or matter presented by the alleged violation.
C. The Board may take any matter under submission for later decision. If the Board imposes discipline on a member, the Board shall inform the person subject to proposed discipline of the disciplinary action resulting from any hearing conducted hereunder, in writing, by either personal delivery or first-class mail within fifteen (15) days following the action.
D. No discipline shall become effective until ten (10) days after the decision of the Board has been delivered to or deposited in the mail to the person(s) affected thereby.
E. The Board may, in its sole discretion, impose discipline "conditionally" upon the finding of a violation. Any such conditionally imposed discipline shall describe with specificity the event or action which will relieve the discipline from being imposed finally, or upon the happening of which the discipline will be imposed finally, or upon the happening of which the discipline will be imposed finally.
5. Use of Other Remedies
Revised August 13, 2013 Page 33
A. Self Help may be utilized at any time that it is determined that such remedy is immediately needed to protect the health, safety or general welfare of the community, or when it is determined by the unanimous vote of the Board of Directors that the remedy is appropriate in view of the violation sought to be corrected.
B. Unless legal action is needed to abate a serious violation which has already begun to occur, or to prevent a serious violation which is threatened to occur, it shall be the policy of the Association to invite a person to engage in Alternative Dispute Resolution through mediation or arbitration whenever feasible prior to commencement of any legal action.