Welcome Packet

The Lakes at Discovery Bay Homeowners Association

FREQUENTLY ASKED QUESTIONS

WHAT IS A HOMEOWNER ASSOCIATION?

A Homeowner Association is a nonprofit corporation registered with the State of California and

managed by a duly elected Board of Directors. The Association’s purpose is to maintain all common

areas and to make the community an enjoyable place to live.

WHAT ARE THE CC&Rs?

The Declaration of Covenants, Conditions and Restrictions, commonly referred to as the CC&Rs, are

the guidelines established to enhance and protect the value of the community. This document is filed

with the County Recorder’s office and is shown as a restriction on each owner’s grant deed, so all

owners are legally required to comply with the provisions contained therein. CC&Rs usually cannot

be changed without a specified majority vote, and any authorized changes become amendments

which are recorded with the County Recorder's office. Failure to abide by the CC&Rs can result in a

fine, if the Board of Directors determines a violation has occurred. You should carefully review the

CC&Rs for your community.

WHAT ARE THE BYLAWS?

The Bylaws are the adopted guidelines and rules established for the operation of the Homeowner's

Association. These Bylaws aid in the election of the Board of Directors, define duties and

responsibilities of the Board of Directors and Officers and set other specifics, which are necessary to

properly operate the Association. You should carefully review the Association's Bylaws.

WHAT IS THE BOARD OF DIRECTORS?

The Homeowner Association is a corporation by law and, therefore, a governing body is needed to

oversee the business. The Board of Directors is the elected governing body of the Association. The

affairs of the Association are managed by the Board of Directors. These Directors create the rules

and regulations for enforcement within the community, oversee budgeting and expenditure of funds,

and work with the managing agent in maintaining Association common areas.

The Board of Directors usually organizes several committees to aid the community in decision

making. Examples include Rules Committees, Architectural and Landscaping Committees and

Nominating and Election Committees.

WHAT ARE DEFINED AS COMMON AREAS?

The Common Areas are the areas that the Association owns and is responsible for maintaining as

defined in the CC&Rs.

WHO SERVES ON THE BOARD OF DIRECTORS?

The initial Board of Directors is usually comprised of Developer representatives in order to protect

the owner holding the majority ownership of the project. At the first Members Meeting, the

homeowners will elect at least one owner representative to the Board of Directors. Once all homes

are sold in a community, the Board of Directors is made up entirely of homeowners who volunteer to

serve and are elected for specific terms as provided in the Bylaws.

WHEN DOES THE BOARD OF DIRECTORS HOLD MEETINGS?

The Bylaws state the minimum frequency of Board meetings, although the Board of Directors may

choose to meet more often if needed. Board meetings are open to all homeowners; however, the

Board of Directors has the right to limit participation by individual homeowners.

WHAT IS MY ASSESSMENT?

The assessment is the monthly installment of the annual assessment amount due from each owner.

This assessment is used to operate and maintain the property that is commonly owned or controlled

by the Association. The annual assessment is based upon the estimated expenses required to operate

the Association and maintain the common areas and facilities.

HOW IS THE AMOUNT OF MY ASSESSMENT DETERMINED?

The Department of Real Estate requires proforma operating budgets to be submitted by the developer

for the first year's operation of the Association. The budgets are reviewed by the Department of Real

Estate, utilizing their guideline figures for all common areas and facilities which are the

responsibility of the Association. Subsequent budgets adopted by the Association are generally based

upon these initial budgets. There are two basic areas in an Association's budget: the Operating

account for items such as utilities, landscaping, gate maintenance, etc., and the Reserve account for

replacement of components such as roofs, paving, etc. These amounts are difficult to predict

accurately and even if accurately estimated initially, these amounts can increase with the age of

facilities and with increased costs of living. The Management Company and the Board of Directors

create the budget each year (after the initial developer budget) and distribute it to all homeowners

annually.

WILL MY ASSESSMENT INCREASE?

Assessments may increase due to changes in the operations and cost increases for utilities and

services. Your Board of Directors will prepare a new budget each year to reflect changes and cost

increases or decreases. The Board of Directors must obtain the majority vote of the members to

increase the budget more than 20% from the prior year's budget.

WHAT HAPPENS IF I DON'T PAY MY ASSESSMENT?

The CC&Rs state that homeowners who do not pay the monthly installment of the annual assessment

will be subject to late charges of $10.00 or 10% of the delinquent installment, whichever is greater,

and interest and collection charges. The Association can also accelerate your installments and

demand that the remaining balance of the annual assessment be paid in full.

If there is no payment from the homeowner, a lien can be filed which could eventually result in

foreclosure of the home. All owners share the responsibility of assuring payment to the Association

so that the property can be properly maintained. Be sure to closely review the Association's

current adopted Assessment Collection Policy.

IF I'M BUYING THE HOME AND PLAN TO RENT, WHAT DO I NEED TO KNOW?

The monthly assessments are the responsibility of the homeowner, not the tenant. Screening of

tenants before rental is very important, not only to the owner, but in consideration of other residents.

Disturbances and disorderly conduct by tenants can result in a fine to the owner. Preservation of the

community and harmony among residents is the ultimate goal of any Association. If a tenant violates

these rights, the owner is expected to take the necessary measures to correct the situation. Each

owner should be certain that the tenant(s) are familiar with the Association CC&Rs and Rules and

Regulations.

Some Associations do not allow rentals or have closely monitored rental restrictions. Be sure to

understand the policies of your Association before renting.

WHAT IF I WANT TO MAKE ADDITIONS OR EXTERIOR CHANGES TO MY PROPERTY?

The Association has Rules and Regulations concerning additions or changes to the exterior of any

property. You should review the CC&Rs and the adopted Design Guidelines to determine the exact

requirements which will need approval. The Board of Directors or the Architectural Control

Committee must approve all exterior changes. Applications and plans should be submitted to

the Management Company.

If an exterior change is made without approval, the owner may be required to remove the

modification and be subject to enforcement proceedings. The owner is responsible for obtaining any

necessary town, city, or county permits.

WHOM DO I CONTACT?

Common Area Concerns

Issues or complaints concerning common area maintenance or usage should be submitted through the

Management Company. As the Homeowner's Association matures, committees may be set up to

monitor complaints and aid in the timely correction of problem areas.

Difficulty with Neighbors

Sometimes difficulties with neighbors over parking, noise, animals or other issues may arise. While

these issues are best resolved neighbor-to-neighbor, some complaints may be referred to the

Management Company provided that they are in writing. The Management Company, in turn, may

send a letter stating the alleged violation or disturbance and, through a hearing process with the

Board of Directors, enforce a fine. At times the enforcement may necessitate the notification of local

police.

Utility, Water, Gas, Fire, Crime

Depending upon the nature of the concern or emergency, contact the appropriate agency first. It is

best to receive immediate service in the event of these types of problems or in the event of an

emergency. Be sure to keep handy the emergency telephone numbers for your local companies and

official agencies.

D A N V I L L E S A N M A T E O C A M P B E L L S T O C K T O N N O V A T O

w w w . c o m m o n i n t e r e s t . c o m

WHAT SERVICES DOES CIMS PROVIDE? Following is a partial list of services provided by your Association’s management company, Common Interest Management Services.

CONTRACT SERVICES

COMMUNITY MANAGER Board communication Correspondence Supervision and communication with vendors Invoice review and approval Assistance with annual budget preparation Annual review of insurance Board & annual meeting attendance Board meeting minutes and other Board meeting

materials Assistance with writing & adopting rules Supervision of property upkeep & maintenance Regular property inspections Secure bids to maintain property Maintain the books & records of the Association Architectural control Newsletters CUSTOMER SERVICE Assist owners, answer questions and direct

concerns to appropriate personnel Financial mailings Special mailings File management Communications support Conference Room rental service Phone and correspondence logs Entry gate management Process incoming/outgoing mail Copy and distribute community mailings

ACCOUNTING Accounts payable Accounts receivable Collection of regular/special assessments Banking (operating & reserve funds) Delinquent account management Financial statements and delinquent reports Facilitate annual CPA report, tax returns and

quarterly tax payments Title and refinance processing 1099 preparation

OPTIONAL SERVICES

SPECIAL MEETINGS Legal and litigation Additional site inspections Building and landscape acceptance Budgets Hearings In-house meetings with Board of Directors and

owners Committees

OTHER Special mailings Research Web site management Ticketing and towing vehicles Document revision Issuing permits Litigation management Reconstruction management Inspection reports Emergency calls and after hours support Special projects

CIMS OBJECTIVES AND MANAGEMENT

PHILOSOPHY

To maintain and increase the economic value of the community

To be considered the premier HOA Management Company in the industry

To maintain our reputation as experts in our field

To act as consultants to the Board of Directors in governance of the Association

To help the Board of Directors preserve and enhance the community and to create a pleasing environment for owners and their guests

To ensure strict financial controls and proper fiscal oversight

To stay abreast of all legal statutes that impact the Association in order to keep the Board of Directors informed

To help create a rewarding experience for Association volunteers

How do I pay my assessment?

There are several options for paying your assessment.

Mail Regular Payments To: Mail Overnight Payments To:

Association Name Association Name

C/O Union Bank C/O MUFG Union Bank, N.A.

P.O. Box 45480 ATTN: Lockbox Operations

San Francisco, CA 94145-0480 1751 Harborbay Parkway, Suite 100

Alameda, CA 94502

Your check must be made payable to the name of your Association. Include your 12-digit owner account

number which is listed on your statement or payment coupon.

Electronic or Automatic Payment (Union Bank):

With Union Bank, you can make a one-time electronic payment or schedule recurring payments once you have

made a one-time payment and created a log in and password. You can do so by visiting:

www.unionbank.com/hoabankers/hoaonlinepayments. You will need to enter a company ID (0023),

followed by your 12-digit owner account number found on your statement or payment coupon in the following

format (case sensitive): 0023-ABC123-XXXXXX. Make sure to include the dashes. If you need assistance,

please contact Union Bank at 800-836-5184.

Automatic Payment (ACH Form):

Another way to schedule regular automatic payments (ACH) is to fill out the attached Authorization Agreement

for Preauthorized payment form and attach a VOID check to Union Bank following the instructions on the

form. This will set you up to have your assessment amount deducted on the 10th

of the month that the

assessment is due.

Your Personal Online Banking or Bill Pay System:

If you use your own bank’s Online Bill Pay System to pay assessments, make sure that the payee/biller name,

address and account number are accurate. The payee/biller name must be the name of your Association. You

must also include your 12-digit owner account number on the Bill Pay check. Your 12-digit owner account

number can be found on your statement or payment coupon. Your online banking payment is not an electronic

transfer of funds. Please allow 5-7 business days for mailing. Mail payments to:

Association Name

C/O Union Bank

P.O. Box 45480

San Francisco, CA 94145-0480

Credit Card Payments:

To pay with a credit card, please visit: www.commoninterest.com. Select the "PAY ONLINE NOW" link in

the upper right hand corner, then select "Click to Pay Now." You will be asked to enter your 12-digit owner

account number found on your statement or payment coupon (do not insert spaces or dashes) and the official

owner's last name. To make a one-time payment, select "Make One-time Payment." To set up a recurring

payment, select "Set up Recurring Payment." A convenience fee will be charged by PayLease. For questions or to

pay over the phone with a credit card, please contact PayLease at (866) 729-5327 or at support@paylease.com.

Please contact Common Interest Management’s Accounting Department via email at

accounting@commoninterest.com with any questions.

Association Name:

Unit Address:

Homeowner Unit Number / Account Number:

I/We authorize the above Association to charge my/our checking account at the financial institution indicated on my/our voidedcheck for the payment of my/our monthly association assessment. Your account will be charged on or about the 7th of eachmonth.

I/We understand that these assessments may change periodically, and that such changes will be provided to Union Bankby the above named Association.

I\We represent and warrant to Union Bank, N.A. that the undersigned are all signers required to transact business on saiddeposit account and understand that electronic transactions on said account will be governed by the terms of my\ourdeposit account terms and disclosure. Union Bank, N.A. must receive written notification of my\our termination by the 10thday of the month in order to act upon such notification by the following month's payment.

FORM 02337-2 (Rev. 10/2009) eForm

First Name on Account (please print)

Signature

Second Name on Account (If applicable)

Signature

Date

Date

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You will receive confirmation of start date via U.S. Mail. If you have any questions, you may call Union Bank at1-800-836-5184.

Please mail this authorization to:

PLEASE ATTACH A VOIDED CHECK (WITH PREPRINTED NAME AND ADDRESS) FROMTHE CHECKING ACCOUNT THAT WILL BE CHARGED.

UNION BANK MUST RECEIVE THIS FORM BY THE 10TH DAY OF THE MONTH FOR THE AUTOMATICCHARGE TO BE IN EFFECT FOR THE FOLLOWING MONTH.

UNION BANK WILL BE PERFORMING THE ORIGINATION OF THESE CHARGES ON BEHALF OF THEASSOCIATION.

UNION BANK, N.A.HOA REMITTANCE PROCESSING-MP, 4-30A-8122001 SATURN STREETMONTEREY PARK CA 91755

Management Company Name:

AUTHORIZATION AGREEMENT FORPREAUTHORIZED PAYMENTS

CUSTOMER: If required, photocopy for your records.

Common Interest Management Services

ThHohe LaomeRuakeseownules &s at Dners& Re

Discs Asseguloversocialatio

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Table of Contents

• Architectural Guidelines …………………………………………..…. Page 1

• Architectural Application ………………….…………………………. Page 13

• Barking Dog Policy ………………………..….……………………….... Page 17

• Community Entry Policy …………………..………………………….. Page 18

• Clicker Policy ……………………………………………………………….. Page 22

• Resident Information Form Policy ………………….…..…….….. Page 26

• Resident Information Form ………………….……….……………... Page 28

• Vehicle Use and Parking Policy ………… ……………….………... Page 28

• Rental and Lease Policy ………………………..….………….…...….. Page 37

• Mail Box Policy ………………………..….…………………..……….….. Page 40

• Collection Policy ………………………..….…..……………………..….. Page 41

• Enforcement and Fine Policy……………………………….……..... Page 48

• Election Procedures ……………………………………………………... Page 49

• Common Area Group Use Policy …………………………………. Page 61

• Sports Equipment Policy …………………………………………….. Page 62

• Surveillance System Policy .............................................. Page 63

The Lakes at Discovery Bay Homeowners Association

ARCHITECTURAL AND LANDSCAPING IMPROVEMENTS

SUMMARY OF RULES & PROCESS

Approved 2/26/2020

The Association pursuant to the CC&R’s Section 12.1 must approve all alterations and/or

improvements to lots within the community PRIOR to installation of said

alterations/improvements. It is highly recommended that every owner read the entire

section of the CC&R’s before beginning the application process for an improvement.

Once you have determined that you would like to make an improvement to your lot, you must

complete the following process.

NOTE:

Rear yard landscaping is to be fully completed one year from close of escrow or certificate of

occupancy.

30 to 60 Days before you want to start the work: • Complete The Lakes at Discovery Bay HOA Home Improvement Request Application

• Submit form with diagram/plans drawn to scale. Plans must show the nature, kind,

shape, location, materials, color and dimensions of existing structures, driveways,

sidewalks and fences as well as the proposed additions.

• The more detailed the better. Please include plant types, irrigation system details,

setback for trees and other large plants, pool equipment locations, all structures,

walls, fences, hardscape, drain lines, play equipment etc.

• Color samples and/or brochures must be provided for any painting or alteration

that will be visible.

• Measurements should be detailed and include both the improvement size and

distance from property lines.

• Owner must sign and date application either by hand or electronically with verified

stamp displayed

• Submit the Application to Managing Agent’s Office via the following means: Regular

Mail- 2800 March Lane Suite 210, Stockton, CA 95219. DO NOT DELIVER THE

APPLICATION TO A COMMITTEE OR BOARD MEMBER.

• Emailed copies can be sent if improvements do not require color samples.

Processing the Application:

• The Association has up to 60 days to review submission. Please submit in advance to

allow time to complete the review.

• The Managing Agent will date stamp the application upon receipt and forward to the

Architectural Review Committee (ARC) for review and determination.

• The Committee will review and make their determination. Owners may be contacted to

answer any questions the Committee has.

• The Committee will return the application with determination to the Managing Agent for

owner notification.

• Managing Agent will send an official letter of determination detailing the decision. A

copy of the final application can be requested by contacting management company.

Performance of Improvement:

• With written approval the owner may commence work as approved.

• If conditional approval is received, owner must complete/submit additional requested

information and receive confirmation the matter has been resolved before starting work.

• If application is denied owner may not start work.

• Work should be completed within a reasonable time of the approval. A certificate of

completion must be filled out and returned to the Managing Agent.

• Any work that requires county or town permits must be obtained by the owner and a copy

submitted to the HOA for the record once received.

• All improvements must be completed within 6 months or a written request for a

time extension must be submitted for and approved by the ARC.

Completion of Improvement:

• All improvements must be completed within 6 months or a written request for a

time extension must be submitted for and approved by the ARC.

• Association holds the right to perform an inspection of any improvement by

Board, committee member, or agent.

• Installations not completed per the approved plans are in violation and may be subject

to notice, fines, and may require removal.

Check List

Please be sure these are included if they apply:

• Plan or diagram detailing your improvements

• All measurements are noted on plan including:

1. Distances from property lines

2. Dimensions of any patios, arbors, gazebos,

trellises, structures, pools, planter beds, trees, etc.

3. Colors samples

4. Tree and plant types

5. Materials to be used

6. Contractor to be used

7. Application is signed and dated

General Guidelines:

These guidelines are general in nature. Each application will be reviewed individually,

according to the process established by the project documents.

When commencing approved applications please note a few conditions before you start:

• Ensure all vendors are added to your homes gate list at www.thelakeshoa.com prior to

their arrival.

• If heavy construction equipment or other load apparatus is to be used, please send

notification to adjacent neighbors at least 2 doors away (both next to and rear neighbor)

24 hours prior as a courtesy so arrangements can be made for pets or children who may

be disturbed by the noise.

• If painting or pouring cement (or other like material) is to be used please send

notification to all adjacent neighbors (front and back) 24 hours in advance so they can

arrange to remove/cover property during that phase of the work. Care should be taken to

avoid over spray or splatter to adjacent yard(s).

• Do not allow vendors or crews to block fire lanes.

• If material is to be stored in drive ways, all residents must still park on the lot (no street

parking).

• Construction materials shall never be placed in the street, including but not limited to

bark, rock, bricks, pavers, sod pallets, or any other similar material.

General Site Conditions:

• No cutting into or encroachment upon a slope or hillside will be permitted without first

obtaining approval from the Architectural Review Committee.

• All areas within any lot shall be maintained by the owner in a neat, orderly, safe

condition and in such a manner as to enhance their appearance, prevent erosion and other

problems and to facilitate orderly discharge of water through drainage systems.

• No structure, planting, debris or other materials shall be placed or permitted to remain or

other activities undertaken which might damage or interfere with established slope

ratios, create erosion or sliding problems or interfere with established drainage function

or facilities.

• The homeowner is responsible for installation and maintenance of all landscaping within

the homeowner’s lot.

• Permits: Owner is solely responsible for obtaining all proper permits and complying with

all building, municipal, zoning and other code requirements which apply to owner’s

construction

• Drainage: It is the owner's responsibility to maintain positive drainage from their rear

and side yards to the front of the property. No Lot to Lot drainage is allowed.

• All construction shall avoid the placement of utility boxes in the field of concrete. Owner is responsible for securing permits from utility companies.

• Lot lines are noted with a notch in the cement curb at the street and extends to the

post that separates the lot from adjacent property.

Painting of Homes;

• If painting the home, the same color as originally painted, no application is required. All

colors must stay the same including body, trim, and accent colors.

• If you are changing any of the home’s colors including doors, body, trim, or

accent features, approval must be received.

• Due to the multiple builders in the community, original color schemes were not provided to the association. Management can direct you to the builder of your home to

request color schemes.

• Hard copy of paint samples must be included with the application

Retaining Walls:

• Decorative retaining walls (including courtyard walls) or hedges may not be constructed

more than four feet in height.

• Materials should conform to the general design and color of the home.

• No backfill/piling of dirt along fences or walls during project or after project; (e.g. when

adding new landscaping)

Fences:

• Fences may not be painted but may be protected with a clear or natural wood finish.

• Some previously approved redwood stains may be allowed.

• Changes to fence height, design, or addition of lattice may be allowed with approval

• Application requests to changes fence from the original design must be accompanied by

a signed approval letter from all neighbors who share that fence.

• No backfill/piling of dirt along fences or walls during project or after project (e.g. when

adding new landscaping).

Trellises/ Gazebos/ Pergolas/Awnings or Other Free-Standing Structure:

• Structure may be painted to match the trim or house color, white, or left in natural wood

finish protected with a clear coating.

• Structure shall be installed so that the supporting structure is a minimum of 5 feet from

property lines and a maximum height of 10 feet.

• Materials extending from the supporting structure shall not be closer than 2 feet to

adjacent properties.

• Vinyl materials are permitted.

• Bright or garish colors are prohibited.

Patios, Decks or Other Raised Platforms:

• Minimum setback from property line shall be 5 feet. (County requirements concerning

setbacks may differ from these guidelines). It is the homeowner’s responsibility to

conform to the County’s requirements as well as The Lakes CC&R’s. Thus, if the

County requirements are greater, that will be the standard.

• Structures that allow a person to stand more than 24 inches above grade level should be

set back a minimum of 10 feet from property line.

• Building materials should be in harmony with the natural surroundings.

• Corrugated building materials are prohibited.

• Second story decks are only allowed if they do not infringe on the neighbors’

privacy. Any second story deck request must be accompanied by written approval

from all neighbors who will be affected by the change (rear or adjacent neighbors).

Play Equipment:

• Only allowed in rear yards

• No play or recreational structures including, but not limited to, tree houses, gym sets and

slides shall be erected within 10 feet of any fence.

• Equipment materials should be in harmony with the natural surroundings. • Equipment shall be kept in good condition. If features begin to discolor or wear they must

be repaired/painted/replaced.

• If fabric is used it must be replaced or removed when worn or torn.

• Platforms where a person or child can stand shall not be taller than 5 feet 6 inches or

below the top of adjacent fence, whichever is lower.

• Other non-accessible features on play structures can extend up to 9 feet above ground

elevation.

• A variance will only be granted if it does not adversely affect any neighbor and/or written

approval from affected neighbors is included with application.

Utility Sheds:

• Garden sheds may be permitted in rear yards ONLY, provided they do not exceed 10 by

12 feet (120 sqft) and cannot exceed 9 feet in height at peak and 6 feet in height for flat

roofs.

• Sheds larger in width and depth dimensions may be approved by the Board on case-by-

case basis. Applications must include a plot plan of the yard showing the location of the

shed, the measurements of the shed in relation to the yard (distances from fence/building)

and photos of the location.

• Required setback for any structure, greater than 120 square feet floor area and/or having a

height greater than 6 feet as measured from the ground, is 5 five feet from any fence,

property line, or existing structure

• Corrugated Roofing is prohibited.

Pools/Spas/Ponds:

• Plans must include all associated equipment, including, but not limited to, covers,

canopies, diving boards, slides, equipment housing, solar devices (ideally hidden

from view), etc.

• Pool equipment shall be “silent” type or shall be located a minimum 15 feet from any

windows of an adjacent home or structure out of respect of neighboring properties.

• All pool filtration and pumping equipment shall be shielded from view of adjacent

neighbors or common area.

• Piping for pool pumping circulation or drainage systems shall not be connected

to drain lines running to the Associations drainage facilities or streets. • Minimum setback required is 5 feet per county code. No exceptions

• Owner is solely responsible for complying with all building municipal, zoning

and other code requirements which apply to owner’s construction.

Lighting:

• Light posts over 30 inches in height must be submitted for review.

• Outdoor lighting is restricted to low voltage, incandescent type directed away from

adjacent homes.

• Permanent motion detector lights are permitted provided they are shielded in such a way

that the light does not intrude upon neighbors.

Hardscape/Flatwork/Pavers:

• When placing concrete flatwork, hardscape, constructing pools or otherwise performing

lot grading and improvements, owners shall ensure that surface water drains away from

any structure; do not direct water to adjacent properties; do not pond, do not raise grade

at fences or walls abutting adjacent properties or common area; and shall further assure

that adequate vertical separation is maintained between finished floors of homes and

exterior finishes, surface flows are directed to the street and that all work complies with

Building Code requirements.

• Hardscape adjacent to fencing must have 3-4-inch setback to allow for fence repairs.

Driveway Modifications:

• Driveway shall not extend to property line.

• 18 inch clearance between driveway edge and property line is required AND this

area must be planted and irrigated.

• Lot lines measurements are from the notch in the cement curb at street and extend

to the center of the post of the fence that separates adjacent properties. Do not use

neighbor’s hardscape as the lot line.

• New concrete can have borders, ribbons, texturing and details, but color of the ‘field’ on

widened portion should match adjacent concrete color • There shall not be more than 1 driveway per property

• Widening towards center of the property for parking or walkways is limited to 36 inches.

• All construction shall avoid the placement of utility boxes in the field of concrete. Owner

is responsible for securing permits from serving utilities.

• Driveways aligned so that drainage catch basins or utility boxes must be or can be driven

over are strictly prohibited.

Walkways:

• New concrete can have borders, ribbons, texturing and details, but color of the ‘field’ on

widened portion should match adjacent concrete color. • Side yard access walkways can extend up to 36 inches from the home.

• Hardscape adjacent to fencing must have 3-4-inch setback to allow for fence repairs.

• Widening towards center of the property for parking or walk ways is limited to 36 inches.

• All construction shall avoid the placement of utility boxes in the field of concrete. Owner

is responsible for securing permits from serving utilities.

Front Yard Landscaping Modifications:

• All homes in the community had front yard landscaping installed as part of the original

construction. Replacement and substitution with like types of plant materials, meaning

similar in size or growth type (spreading or shrubs) generally do not require plan

submittal and ARC approval.

• Addition of hardscape & statuary or deletion of turf or groundcover does require plan

submittal, review and approval.

• A minimum of 25% of front yard area must be planted in turf or a spreading ground

cover which provides a green, neatly trimmed appearance.

• All construction shall avoid the placement of utility boxes in the field of concrete. Owner

is responsible for securing permits from serving utilities.

Trees:

• Trees which will grow to a width (including canopy, root ball, and trunk) over 15 feet

shall be planted a minimum 5 feet from property lines.

• When submitting for trees, please include placement, setback from property line and tree

type.

• Tightly spaced lines of Italian Cypress or other “Hedge Like”, “Privacy Wall”, “Spite

Tree” or tree placement arrangements are limited to grow no more than 1 foot over fence

line and lot owner shall not allow them to block light of adjacent neighbors.

• The use of fruit trees at property lines is prohibited. Fruit trees must be planted at least 5

feet from property lines or structures.

• Owners of a tree are responsible to ensure growth of tree branches or other vegetation on

to adjacent yards in controlled and trimmed regularly to avoid encroachment.

Artificial/Synthetic Turf Rules and Guidelines:

These Rules and Guidelines relate to the installation, maintenance and replacement

responsibilities pertaining to artificial or synthetic turf (or lawn or grass) on Lots.

Definitions:

• "Civil Code" shall mean the California Civil Code, as amended from time to

time.

• All capitalized terms that are not otherwise defined in these Rules and Guidelines shall

have the meanings ascribed to them in the CC&Rs.

• Application. The installation of artificial/synthetic turf is subject to the provisions of the

CC&Rs regarding design review and any Architectural Review Rules. An Owner who

wishes to install artificial/synthetic turf is required to submit an application and notify the

Board of Directors or Architectural Committee ("ARC"), in writing, of the nature of the

proposed improvement/alteration and furnish such information and documentation as the

Board or ARC may require, including any plans and specifications. An Owner who

wishes to install artificial/synthetic turf must submit an application to the Association's

management company, and receive notification of Board or ARC approval, PRIOR to

installation of any artificial/synthetic turf. A complete application to install

artificial/synthetic turf shall include: (i) the application; (ii) plans and specifications as

described below; (iii) proof of minimum standards for artificial/synthetic turf, as

described below; (iv) identification of the color of the proposed artificial/synthetic turf;

(v) information about permeable backing, base and drainage, as set forth below; (vi) proof

of contractor's licensing and insurance, as described below; and (vii) a copy of the

manufacturer's warranty. The Board of Directors or ARC may request additional

information prior to rendering a decision on an application to install artificial/synthetic

turf.

Plans and Specifications: Any Owner who wishes to install artificial/synthetic turf shall

submit, with the application and other information required by these Rules and Guidelines,

the following: (i) a site plan showing where the artificial/synthetic turf will be installed; (ii)

a brochure or spec sheet from the contractor showing the proposed material; and (iii) a

detailed description of the sub-grade preparation. In addition, the Owner must identify

where the turf was manufactured (e.g., USA, China); and identify the turf manufacturer.

Only 100% polyethylene (PE) and/or polypropylene (PU) is permitted

• PE: Polyethylene, Most of Straight Blades (Fiber) on today’s market

are made of PE, a form of “Plastic”. The cost for this material is cheaper

than others and the material itself is soft and relatively durable,

nonporous and easy to clean.

• PP: Polypropylene, most of curled thatch fibers are made of PP, another

form of plastic which tends to be a bit harder and more brittle than PE,

durable, relatively cheap, nonporous and easy to clean.

**Artificial/synthetic turf and all infill materials must be free of lead and any other

heavy metal materials.

Minimum Standards. The standards for the artificial/synthetic turf with respect to Face Weight,

Tufting Gauge, Pile Height, and Net Backing Weight must be provided at the time the application

is submitted, and the minimum standards set forth below must be met. However, artificial/synthetic

turf that meets the minimum standards may not be installed without the approval of the Board or

ARC.

Turf Term Lakes at Discovery

Bay Standard

Definition/ Lakes at Discovery Bay Standard

Face Weight

(or

Pile Weight)

Minimum of 60

ounces

The "Face Weight" refers to the amount of material per

square yard. For example, a 36-oz. piece of turf will

seem sturdier than an 18-oz. piece of the same yarn

type because there is more yarn in the same size piece

of turf. The Lakes at Discovery Bay requires a

minimum face weight of 60 ounces.

Tufting Gauge Minimum of 1/2

inch The distance between two adjacent lines on the

backside of the backing material, usually using "inch"

as the unit. The Lakes at Discovery Bay requires a

minimum tufting gauge of 1/2 inch.

Pile Height Minimum of 1.5

inches

The height of the pile (the "carpet" or "yarn" on

top of the artificial grass backing), usually

measured in inches. The Lakes at Discovery

Bay requires at pile height of at least 1.5 inches.

Net Backing

Weight

Minimum of 20

ounces

This is the total weight of the layers of primary

backing and the ounces of secondary coating used

per square yard. The average turf has 6-8 ounces of

primary backing and about 20 ounces of secondary

backing for a total of 26-28 ounces per square

yard. The Lakes at Discovery Bay requires a net

backing weight of at least 20 ounces.

• Color. Only color blends (at least two colors and preferably three) shall be accepted.

"Field green," "olive green" and "lime green" blends are preferred for a natural look.

• Infill. Rubber infill is prohibited. The use of landscape spikes as an alternative to infill

or top dressing is prohibited.

• Permeable Backing, Base and Drainage. Turf backing must be completely

permeable to allow for uniform and complete drainage. The base must be at least

two (2) inches of permeable base mixture compacted and shaped for a natural look.

A minimum drain rate of 30 inches per hour to an adequate drainage system

underneath the artificial/synthetic turf is required to prevent run-off, pooling, and

flooding.

• Installation. Artificial/synthetic turf must be installed in such a way as to appear

seamless and uniform. An appropriate solid barrier device (i.e., concrete mow strip,

landscaping dividers, or bender board) is required to separate artificial/synthetic turf

from soil and live vegetation. Artificial/synthetic turf shall be trimmed to fit against all

regular and irregular edges to achieve a natural look.

• Inspection. The Board and ARC reserve the right to inspect the artificial/synthetic turf

prior to installation to confirm that the artificial/synthetic turf complies with that

approved by the Board and/or ARC. The Board of Directors and ARC reserve the right

to inspect the artificial/synthetic turf after installation to ensure the artificial/synthetic

turf installed complies with any conditions of approval and these Rules and Guidelines.

• Maintenance. Artificial/synthetic turf must be maintained in like new condition, color

and uniformity with no tears or seams visible. Pile must be maintained with regular

raking as necessary for natural-looking pile.

• Repair and Replacement. The Board of Directors reserves the right to require

removal/replacement of any area of artificial/synthetic turf which does not meet the

standards set forth in these Rules and Guidelines or when installation or maintenance is

inconsistent with the conditions of approval and/or these Rules and Guidelines. Tears,

ragged edges, loose turf, faded turf and similar issues must be repaired within 30 days of

discovery, or upon notice by the Association of the need for repair. When artificial turf

reaches the end of its lifespan and no longer appears natural in color and appearance, or

has suffered irreparable damage or wear, the turf must be replaced. The approval of the

Board or ARC is required for any landscaping change, including the replacement of

artificial/synthetic turf.

• No Liability for Design Review. Neither the Board nor the ARC shall be liable for

approval or disapproval of an application. Additionally, neither the Board nor the

ARC shall be responsible for any damage to artificial/synthetic turf, including damage

from tree roots, following artificial/synthetic turf installation.

Solar Energy Systems:

The following will be used when reviewing requests for Solar energy systems including

photovoltaic and water heating systems:

• No Installation on Common Area. No portion of a solar energy system may be installed

by an owner in common area.

• Preferred Location: The preferred location of any system shall be on the rear or side

plane of a roof.

• Solar energy system shall be installed in the least obtrusive location possible that

does not significantly increase the cost of the system or significantly decrease its

efficiency or specified performance. "Least obtrusive" means a system which is

the most minimally visible from neighboring residences or common area; causing

the least possible amount of glare as may be seen from neighboring residences or

common area; and producing as little noise as possible.

• For solar water heating systems, a significant increase in cost means the

alternative system costs more than an amount exceeding 20% of the cost of the

originally proposed system; and a significant decrease in the system's

performance or efficiency means that the alternative system is more than 20% less

efficient than the originally proposed system.

• For solar electricity generation (photovoltaic) systems, a significant increase in

cost means that the alternative system costs more than $2,000 more than the

originally proposed system; a significant decrease in the system's performance

or efficiency means that the alternative system is more than 20% less efficient

than the originally proposed system.

• Aesthetic Restrictions: Provided that the energy efficiency or system performance is not

significantly decreased, nor the cost significantly increased, the Committee may require

any or all of the following:

• Least Obtrusive: To ensure that the system is installed in the "least obtrusive"

location as possible, and depending on the size and configuration of a particular

lot or residence, the Committee may require the location and/or manner of

installation for a solar energy system to be (i) ground rack mounting in enclosed

front courtyards or in enclosed backyards, (ii) flat mounting on building surfaces

(as opposed to raised or angled mounting), or (iii) mounting on roofs.

• Ancillary Equipment: To the maximum extent possible wiring, piping, lines, and

other associated equipment should be installed to be minimally visible from

neighboring residences and/or common area, including, but not limited to:

• Requiring such equipment to be installed underground or

• Painting such equipment components to blend with the background color of the

surface to which the wires, pipes, or lines are attached or placed.

• Camouflaging: The Committee may require the owner to install screens or

landscaping, at the owner's expense, which do not significantly increase the cost

of the solar energy system or significantly decrease its efficiency.

• Installation Standards: Compliance with Governmental Requirements. In addition to

meeting the industry safety standards set forth in Section I of these Guidelines, all solar

energy systems must be installed in accordance with applicable building, electrical,

plumbing, and related codes, along with all other applicable governmental

requirements, including applicable set back restrictions, if any.

• Professional Installation: Solar energy systems must be installed by a licensed contractor.

• Surrounds, edges, and enclosure of the panels shall be black or the same color as panels.

Chrome or other shiny metal surfaces are prohibited.

• Panels should be oriented to minimize view from common area when possible

If changes are required during install, owner must submit final changes for review and

approval including changes to location or number of panels.

Satellite Dishes and Antennas:

• One satellite dish or antenna per home is allowed only for reception of Direct Broadcast

Satellite (DBS), Wireless Cable or Television Broadcast Stations (TVBS).

• Locations must be on the rear or side of home. They may not be mounted on front face of

the home. Preferred placement location is on the rear of the house, or at the least

conspicuous location that is not visible from nearby streets and does not interfere with

scenic vistas.

• All wires must be placed in a way that they are neatly stored out of view (along gutters,

eves, or roof lines) OR all wires and cables running along buildings shall be painted to

match the building colors along which they run.

• Satellite dishes greater than 1 meter (39 inches) in diameter are prohibited. Only antennas

or dishes that are permitted under the Telecommunications Act of 1996 and regulations

promulgated by the Federal Communications Commission may be installed. Installation

by a professional satellite dish installer is recommended.

• Satellite dish shall not be installed on the ground in front yards or on front porches.

• No part of the satellite dish shall extend beyond the property line.

Other:

• No hanging fountains, statuary, hardscape, structural or support hangers or

other attachments are permitted to be made on perimeter fences and walls.

• No garish, cartoonish, brightly colored or offensive statuary or other objects shall be

placed in areas of lots visible from the common area.

• Owner is solely responsible for complying with all building, municipal, zoning and other

code requirements which apply to owners’ construction.

• Owner is solely responsible for complying with all deed restrictions, easements and

other property restrictions which might apply to the property.

• Developer installed masonry or wooden fences adjacent to streets or common areas shall be treated as a property line for the purpose of the measurement of any Architectural or Association Governing Document requirement.

The Lakes at Discovery Bay Homeowners Association

REQUEST FOR ARCHITECTURAL / LANDSCAPE REVIEW

Homeowners are required to submit property improvement plans to the Association for review and comment

approval prior to beginning the improvements. Each of The Lakes at Discovery Bay homeowners is subject to these restrictions. City approvals and permits may be required but do not constitute approval of The Lakes at Discovery Bay Homeowners Association.

NAME: DATE:

(Please Print) ADDRESS: EMAIL:

PHONE: (Home) (Work) Proposed Start Date: Finish Date:

CHECK ALL THE FOLLOWING IMPROVEMENT TYPES THAT APPLY TO YOUR REQUEST

HOME IMPROVEMENTS:

[ ] Structural Addition [ ] Gazebo/Arbor [ ] Play structure [ ] Storage Shed [ ] Fence Addition [ ] Deck/Patio [ ] Greenhouse [ ] Pool/spa [ ] Dog run [ ] Retaining Walls

[ ] Trellis [ ] Lighting additions [ ] Lighting Standards [ ] Skylights [ ] Solar panels [ ] Satellite Dish [ ] Antennae [ ] Windows/Doors [ ] Gates [ ] Painting

[ ] Mail box enclosure [ ] Sculptures [ ] Garage doors [ ] Lot line adjustments [ ] Other (specify)

LANDSCAPE IMPROVEMENTS: [ ] FRONT YARD [ ] BACK YARD [ ] SIDE YARD [ ] New Landscape [ ] Tree addition [ ] Tree removal [ ] Arbors/vines [ ] Hardscape

[ ] Landscape lights [ ] Water features [ ] Other (specify)

The Applicant is responsible for assuring that the improvements authorized by the Association are located within

the Applicant's property.

HOMEOWNER APPLICATION CHECKLIST:

[ ] Completed (2 page) application with signature/date

[ ] Drawings to scale included [ ] Photos (if applicable)

ALL OTHER IMPROVEMENTS: 1. Submit your scale drawings and plot plans to: Common Interest Management Services, 2800 W. March Lane, Suite 210, Stockton, CA 95219 or by fax at (209) 940-5078. Plans must be submitted in triplicate for simple projects, five copies must be provided if county or Town of Discovery Bay approval is required. 2. Plans which include pre-assembled structures or kits must include cut sheets or product specifications, colors, dimensions, materials and all other collateral material necessary for proper review. 3. The committee must be informed of all materials used in your improvements in sufficient detail for proper. review. Diagrams of the design must be provided in detail and materials samples or color photos of the material (brick, slate, wrought iron, lighting standards, etc.) included The Association may ask for more information regarding your improvement during the review process. While waiting for a response from the owner the 60-day approval time frame will suspend and then resume with receipt of additional information. 4. Depending on the improvement, the Association may solicit input from your neighbors regarding your submission and consider their input as part of the review process. It is prudent that you discuss proposed changes to your home with your surrounding neighbors.

PLEASE NOTE: The City may require approval of certain types of improvements. You may be required to get permits and other conditions may apply. The owner is solely responsible for fulfilling any municipal requirements.

Owner Signature Date

NOTE: Improvement work may not commence without written approval of The Lakes at Discovery Bay Homeowners Association. Please

submit plans anticipating up to 60 days for review and comment by the Architectural Committee. Unauthorized improvements are subject to

removal at owner’s expense. Common Interest Management Services, 2800 W. March Lane, Suite 210, Stockton, CA 95219 (209)-507-7850

Revised: 1/222020 Page 1

THE LAKES AT DISCOVERY BAY HOMEOWNERS ASSOCIATON IMPROVEMENT APPLICATION (continued)

DESCRIBE YOUR IMPROVEMENT IN DETAIL (Must provide diagram with locations and measurement of modifications):

WHO IS YOUR CONTRACTOR? [ ] I’m performing the work myself. [ ] My general contractor is: [ ] My landscape contractor is:

[x]The homeowner is the “person responsible” for damage to The Lakes at Discovery Bay common areas caused by himself or by his contractor while completing these improvements. By submitting this application I acknowledge responsibility for damage to the common areas by contractors entering The Lakes at Discovery Bay property at my invitation.

For Committee Use Only:

Committee Member Name: Date:

[ ] Recommend Approval as submitted [ ] Recommend Conditional Approval [ ] Recommend Denial

Committee Member Name: Date:

[ ] Recommend Approval as submitted: [ ] Recommend Conditional Approval [ ] Recommend Denial:

Committee Member Name: Date:

[ ] Recommend Approval as submitted: [ ] Recommend Conditional Approval [ ] Recommend Denial:

Conditional Approval Requirements:

Notes:

Management Company Instructions from

Committee: [ ] Send response to owner based on Committee input

noted above. [ ] Notify owner to cease work.

[ ] Send hearing letter regarding unauthorized installation.

Improvement work may not commence without written approval of The Lakes at Discovery Bay Homeowners Association. Please submit plans anticipating up to 60 days for review and comment by the Architectural Committee. Unauthorized improvements are subject to removal at owner’s expense.

Common Interest Management Services, 2800 W. March Lane, Suite 210, Stockton, CA 95219

(209)-507-7850

Revised 1/22/2020 Page 2

HOMEOWNER COMPLETION CERTIFICATE:

I certify that the work in application dated ___/___/_____ has completed as approved by the ARC as of the date below. If

there were any changes to the original submission, they have been submitted for review and approved.

Name:_______________________________________ Address:____________________________________

Signature: ____________________________________ Date:_______________________________________

Lot Lines

House

Driveway

Lot Lines

House

Driveway

04152011

The LAKES at Discovery Bay Homeowners Association

BARKING DOGS Due to the Association’s limited authority to intervene in neighbor to neighbor issues, the Board of Directors established a policy for dealing with barking dogs.

1. Following the initial complaint the management company will send a letter to the residence advising them of the complaint. If the property is a rental, the letter will be sent to both the owner and tenant.

2. Before the Association takes any further action, the complaining member must file a complaint with the Contra Costa County Animal Services Department – 4800 Imhoff Place, Martinez. The phone number is (925) 335-8300. The county has a multistep process for dealing with barking dogs that begins by offering solutions followed by increasingly strong enforcement options, ultimately resulting in a citation.

3. Maintain an Animal Noise Log Sheet, which the County will provide, and provide a copy of the completed form to the Association.

4. The complaining member must also document having made some effort to contact the

neighbor in an effort to resolve the problem.

5. Following these efforts the Association will call the member to a hearing

09272017

THE LAKES AT DISCOVERY BAY HOMEOWNERS ASSOCIATION

Community Entry Access Policy Amended 9/27/2017

A primary objective of the Association is to provide controlled community access

for visitors and vendors, and to prevent unauthorized entry as much as possible.

All visitors, vendors and invitees are required to stop and register with the Fallman

Blvd. gatehouse attendant prior to entering the community. The attendant is

required to obtain the driver’s name and vehicle license number as well as the

name and address of the person(s) they are visiting. If the visitor or vendor is not

on a Resident’s guest list, and the gate attendant is unable to reach the resident by

phone, access to the community will not be granted.

In some instances, Residents may also stop at the gatehouse prior to entering the

community; however Residents use of the guest lane should be limited as

described in the section Excessive Use of Guest Lane by Residents on page 3.

Residents who stop at the gatehouse should expect to be treated as a visitor and

allow time for proper verification of information requested by the gate attendant.

To minimize the potential for lengthy backups at the gatehouse, all Residents

should make their best efforts to use the Resident Entry System at either the

Denali or Fallman gates rather than stopping at the gatehouse.

The Resident Entry System is a vital instrument for allowing Residents and their

registered vehicles to gain access to the community by using a pre-programmed

gate clicker which opens the gate arms and entry gates at the Fallman Blvd. and

Denali Drive entrances.

Initially, two (2) gate clickers were provided free of charge to the original Owners

of each new home in the community. The Board has adopted a Gate Clicker

Issuance & Replacement Policy which allows Owners to purchase additional gate

clickers (subject to prescribed limits) and exchange inoperable clickers for a fee

from the management company. Note: An updated Resident Information Form

must be submitted with all clicker purchase or exchange requests, or whenever a

clicker is associated with a new Owner, Resident or vehicle.

Residents are expected to use their gate clickers to enter the community at either

the Denali or Fallman gates. At the Fallman Blvd. (main) entrance, Residents

should use the resident (right) lane rather then the guest (left) lane which requires

each vehicle to stop and register with the gate attendant. When Residents avoid the

guest lane, visitors and vendors can be processed more quickly at the gatehouse.

In order to encourage Residents to limit their use of the guest lane, and to provide

for the efficient processing of visitors and vendors at the Fallman Blvd.

Gatehouse, it is necessary to establish a policy for gatehouse access. The

cooperation of all Owners and Residents is needed to accomplish the objective.

09272017

Access at Visitor Lane:

All drivers who request access via the visitor lane MUST provide photo ID

confirming their identity. This includes all guests, vendors, and residents.

All visitors and vendors and invitees are required to stop and register with the

Fallman Blvd. gatehouse attendant prior to entering the community. Visitors,

Vendors and Invitees must provide their name and vehicle license number as well

as the name and address of the person(s) they are visiting. If the visitor or vendor

is not on a Resident’s guest list, and the gate attendant is unable to reach the

resident by phone, access to the community will not be granted. Any guest

planning to stay overnight must request an Overnight Guest Parking Pass in order

to park their vehicle on any street or in any common area parking spaces. Vehicles

parked overnight on any street or in any common area without a valid Overnight

Guest Parking Pass are subject to immediate towing (See Parking Policy for more

information).

Owners Expected to Provide Updated Guest List

Owners are required to provide an updated guest list to the Association’s

managing agent upon occupancy of the Residence and each time a material change

occurs regarding the guest list. The community web site, www.thelakeshoa.com,

or the Resident Information Form may be used for this purpose. Temporary guests

may be authorized by calling the Fallman Blvd. gatehouse at (925) 513-4047. The

Board reserves the right to limit the number of guests that may be permitted access

to a particular Residence.

Owners Expected to Provide Updated Resident Information Form

Owners are required to provide an updated Resident Information Form to the

Association’s managing agent upon occupancy of the Residence and each time a

material change occurs regarding occupant names, registered vehicles, etc. The

Resident Information Form is available by request from the management company

and also available on the Association’s web site (See Resident Information Form

Policy for more information).

Residents Expected to Use Gate Clickers

Owners and/or Residents are expected to use gate clickers to enter the community.

Clickers must be registered to a current Owner or Resident and a specific vehicle

in order to operate properly (the Resident Information Form is used for this

purpose). Owners may purchase additional gate clickers (subject to prescribed

limits) and exchange inoperable clickers for a fee from the management company

(see Gate Clicker Issuance & Replacement Policy). Clickers are battery operated

and batteries should be replaced regularly for reliable operation.

09272017

Rental Properties Owners who rent their homes shall provide operable gate clickers to tenants and

shall register each clicker with the management company. Failure to notify

management and/or re-register a clicker upon a change in tenancy will result in the

deactivation of the clicker. Owners shall be sure to provide one operable clicker

for each tenant vehicle (subject to prescribed limits in the Gate Clicker Issuance &

Replacement Policy) so tenants do not use the guest lane at the gatehouse for

entry.

Failure to continuously provide operable clickers to tenants, as documented by

repeated requests for entry by tenants at the gatehouse (including tenants

misrepresenting themselves as visitors at the gate) may result in a hearing and fine

in accordance with the Compliance Enforcement section below.

Excessive Use of Guest Lane by Residents

The Board of Directors of the Association has determined that excessive use of the

guest lane at the Fallman Blvd. gatehouse by Residents causes lengthy backups,

diminished level of service and substantial delays in processing vehicles for entry

into the community. As a result, the Board has resolved to limit the use of the

guest lane by Residents to a maximum of three (3) occurrences in any seven (7)

day period. The management company shall have the authority to temporarily

waive this limit in the event an Owner has submitted a clicker replacement

request, with the waiver in effect until such time as the replacement clicker has

been received by the Owner. Any Resident found to be exceeding the prescribed

guest lane use limit may subject the Owner to a fine in accordance with the

Association’s fine policy and enforcement described in the Compliance

Enforcement below.

Compliance Enforcement

Compliance with the Community Access Policy is mandatory and not subject to

the standard violation notice and fine policy. Failure to comply with the Policy

may subject the Owner to a fine in accordance with the Association’s fine policy

with the following modification: Owners and Residents are expected to be aware

of the Community Access Policy and to follow the procedures outlined therein.

After the initial notification period has passed, the Association’s managing agent

will send a letter outlining the nature of any Owner’s or Resident’s non-

compliance with the Community Access Policy, provide a mandatory compliance

deadline date and also the date and time of a hearing if the Owner or Resident does

not comply. Failure to comply with the Policy without a good reason will result in

the assessment of a fine in accordance with the Association’s fine policy.

Future Technology

09272017

Should the Association replace the current entry system technology with a bar

code reader or transponder activated device, the new term would replace the word

‘clicker’ as appropriate throughout this policy.

The LAKES at Discovery Bay Homeowners Association

Policy Resolution

Gate Clicker Issuance & Replacement Policy

Two clickers are given to the original home purchaser free of charge from the builder.

Defective Clickers will be replaced free of charge within the first 60 days after purchase.

Before fulfilling any request for any other additional or replacement Clickers, the

member must provide a current and complete Resident Information Form.

Defective Clickers will be replaced after 60 days for $25.00 but the member must submit

a current and complete Resident Information Form and provide the serial number of a

clicker that is registered to the member which will be deactivated.

All purchases of clickers, other than replacement clickers, are $50.00 each.

More than four Clickers are permitted but four per address can be issued automatically

since every house has a 2 car garage and driveway. Before an additional clicker beyond

four can be issued, the owner must submit photographs or other evidence documenting

the additional off-street parking spaces (i.e. a clean 3 car garage and approach could yield

6 clickers).

Before fulfilling any request for an additional or replacement Clicker the member must

provide a current and complete Resident Information Form.

Each clicker must have a corresponding resident vehicle.

Date Adopted: _________________________________

___________________________________________________

Secretary, The Lakes at Discovery Bay Homeowners Association

04152011

THE LAKES AT DISCOVERY BAY HOMEOWNERS ASSOCIATION

Resident Information Form Policy Adopted March 25, 2009

A primary objective of the Association is to provide controlled community access for visitors and vendors, and to prevent unauthorized entry as much as possible. The Resident Information Form is a vital instrument for knowing who is a resident, which vehicles belong to which address and what entry access devices are in use. In order to maintain a data base of current information it is necessary to establish a policy for the regular submission of updated Resident Information Forms. The Resident Information Form is available by request from the management company and also available on the Association’s web site. The cooperation of all Members and Residents is necessary to accomplish the objective. New Members New Members of the Association are to provide a complete Resident Information Form to the Association’s managing agent within 7 days of the close of escrow otherwise they will be subject to fines in accordance with the HOA’s enforcement policies. Along with the completed Resident Information Form, the new Member will need to provide a copy of the grant deed or other suitable evidence of ownership within 30 days or be subject to fines as noted above. Tenants of Rental Properties Members who rent their homes are to provide a current Resident Information Form to the Association’s managing agent within 7 days of a new lease and each time a change in occupancy results in a new tenant moving into the community. Deletion of a single tenant and vehicle can be done by telephone or e-mail. New tenants may be denied access to the community if a Resident Information Form is not provided. The Association considers it a landlord’s obligation to know who is occupying their property and to inform the Association of the identity of tenants. This includes Members who rent rooms in their home. Landlords are hereby noticed and advised that providing the Association with an updated Resident Information Form on the change of tenants of a rental property is not optional and the policy requiring regular updating of information will be enforced. The Association advises all landlords to establish a regular practice of confirming with the lease holder the identity of all tenants and tenant vehicles and to maintain a simple system for updating that information with the Association.

04152011

Failure to provide current Resident Information Forms, as documented by repeated requests for entry by persons misrepresenting themselves as residents or visitors at the gate may result in a hearing and fine in accordance with the Compliance Enforcement section below. All Members Required to Update Data At the direction of the Board of Directors, the Association may send all Members a Resident Information Form update request in order to validate and update data. The Board may determine to do this annually or as deemed necessary. Members are to return the completed Resident Information Form within 21 days. Failure to return the form within 21 days may subject the member to a fine in accordance with the Association’s fine policy and enforcement described in the Compliance Enforcement below. Compliance Enforcement Members are expected to be aware of the Resident Information Form Policy and to provide updated information as needed. Compliance with the Resident Information Form Policy is mandatory and not subject to the standard violation notice and fine policy. Failure to comply with the policy in accordance with the time frames provided may subject the Member to a fine in accordance with the Association’s fine policy with the following modification: After the initial compliance period has passed, the Association’s managing agent will send a request for an updated Resident Information Form providing a mandatory compliance deadline date and also the date and time of a hearing if the member does not comply. Failure to comply with the policy without a good reason will result in the assessment of a fine in accordance with the Association’s fine policy. Resident Information Form Please complete all information asked for in the form. If you need assistance, please contact the management company at 925 743 3080. PIN Numbers You will be asked for your Personal Identification Number (PIN) number when you or members of your household contact the gate to authorize the entry of a guest or vendor. The PIN number is a 4 digit number of your choice. Please protect it.

04152011

Transmitter Numbers The gate entry clickers have a serial number on the back. Please keep a record of the numbers for your files also, in the event you need a replacement. The serial numbers have been known to wear off, do not be concerned if that has happened to your older clickers. The serial number is also listed inside the clicker where the battery is located.

12272016

The Lakes at Discovery Bay Homeowners Association RESIDENT INFORMATION FORM

c/o Common Interest Management Services, 2800 W.March Lane, Suite 210, Stockton, CA 95219 Phone 209-507-7850 Fax 209-940-5078 E-mail: Lmasterson@commoninterest.com

Date: _____________

Lakes Address: __________________________ ____________________________ Owner of Record Owner of Record

(Please print or type ***information must be listed EXACTLY as stated on the Grant Deed***) If you choose to go by another name than the name listed above, please indicate here: __________________________ _________________________________ Primary Phone#(s): ________________ Secondary Phone #: _______________ E-mail address: _____________________ E-mail address: _____________________

Non-Resident Owner(s) or Tenant Information: Name(s): ___________________________ ___________________________

Primary Phone #(s): ________________ Secondary Phone #: _______________

E-mail address: _______________________ ______________________________

Address mail to: _____________________

Street ________ _______

City/State/zip _________________

PIN: ___ __ _ ___ ___ please select a 4 digit Personal Identification Number (PIN). If you call the gate to pre-authorize entry for guests and vendors, the attendant will require your PIN.

Lease Holder Information (Who signed your lease - if applicable)

Name Cell Phone Home Phone Email

RESIDENTS LIVING AT THIS ADDRESS

(Please include EVERY person residing at this address. If your home is a rental, please list all tenants’ names below)

Last Name First Name Status (owner, child, tenant, etc.)

________________ ________________ ____________

________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________ ________________ ________________ ____________

12272016

The LAKES at Discovery Bay Homeowners Association

TRASNSMITTER & VEHICLE INFORMATION FOR OWNERS AND TENANTS/LESSEES

Please Note: Transmitters will not be activated unless an equal number of vehicles are listed. If this is a resubmission, please include all clickers to stay active.

Clickers not listed will be removed.

Transmitter #s ____________ _ _________ _ _________

Transmitter #s ____________ _ _________ _ _________ Make: ____________ Model: ____________ Year: __________ Color: __________ License Plate: __________ Make: ____________ Model: ____________ Year: __________ Color: __________ License Plate: __________ Make: ____________ Model: ____________ Year: __________ Color: __________ License Plate: _________ Make: ____________ Model: _____________ Year: __________ Color: __________ License Plate: _________ Make: ____________ Model: _____________ Year: __________ Color: __________ License Plate: _________ Make: ____________ Model: _____________ Year: __________ Color: __________ License Plate: _________

EMERGENCY CONTACT INFORMATION

Emergency Contact Name: _________________________ Phone Number: ______________

PET INFORMATION

Pet Type / Breed: ________________ Name: ____________________ Special Instructions / Notes: __________________________________

Gate Clicker Issuance & Replacement Policy

Two clickers are given to the original home purchaser free of charge from the builder. Defective Clickers will be replaced free of charge within the first 60 days after purchase. Before fulfilling any request for any other additional or replacement Clickers, the member must provide a current and complete Resident Information Form. Defective Clickers will be replaced after 60 days for $25.00 but the member must submit a current and complete Resident Information Form and provide the serial number of a clicker that is registered to the member which will be deactivated. All purchases of clickers, other than replacement clickers, are $50.00 each. More than four Clickers are permitted but four per address can be issued automatically since every house has a 2 car garage and driveway. Before an additional clicker beyond four can be issued, the owner must submit photographs or other evidence documenting the additional off-street parking spaces (i.e. a clean 3 car garage and approach could yield 6 clickers). Before fulfilling any request for an additional or replacement Clicker the member must provide a current and complete Resident Information Form.

Each clicker must have a corresponding resident vehicle.

Lakes Street Address # _____________

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THE LAKES AT DISCOVERY BAY HOMEOWNERS ASSOCIATION

Vehicle Use & Parking Policy

Update 11/20/2019

This Vehicle and Use Parking Policy supplements and is to be read in conjunction with

the provisions of the Covenants, Conditions, and Restrictions (CC&Rs) of The Lakes at

Discovery Bay Homeowners Association.

Definitions:

1) Resident: Any person who resides within a Residence which is included in The

Lakes at Discovery Bay Homeowners Association on a permanent basis.

2) Invitee: The term “Invitee” shall mean any person whose presence within the

Project is approved by or is at the request of a particular owner, including, but not

limited to, lessees, tenants and the family, guests, employees, licensees or invitees

of Owners, tenants or lessees

3) Guest: Any person or invitee who visits a resident of The Lakes Community on a

temporary basis.

4) Common Area Parking: Street curbside areas (other than those signed as “No

Parking,” red curb areas, and driveways) and striped perpendicular parking

spaces.

5) Passenger Vehicle: A reasonably well-maintained vehicle, as determined in the

sole discretion of the Board of Directors or agent of the Board, which is used

primarily for a resident's passenger transportation, and which can be wholly

enclosed within a residence garage. Passenger vehicle shall not include:

(a) Vehicles originally constructed (or subsequently altered) so as to be

equipped for human habitation or to which a camper shell or similar

addition has been attached;

(b) Vehicles which are primarily stored (as opposed to primarily operated as a

passenger vehicle) such as vehicles damaged or missing parts or those not

currently registered with the DMV;

(c) Work vehicles with bins, ladders, ladder racks or equipment visible to

passersby.

(d) Golf Carts, Utility Carts, Dirt Bikes, ATVs, or other like vehicles that are

not licensed with the state and meet state requirements to be use on the

street.

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6) Commercial Vehicle: Any 3 axel vehicle or any vehicle displaying commercial

information/advertising and used for commercial purposes, including as a vehicle

for hire. (Vehicles which can fit wholly within a garage and passenger vehicles

which display advertising not greater than four square feet are not deemed

commercial vehicles for the purposes of this Parking Policy.)

7) Resident-Workman’s Vehicle: Any non-passenger 2 axle vehicle belonging to

or used by a Resident as a requirement of His or Her employment.

Rules and Policies:

1) Only vehicles designated as “Street Legal” per California Vehicle code may be

used on the streets of the community. Requirements for allowed vehicles include by are

not limited to:

• Seat belts • A regular, round steering wheel (not a butterfly-style steering wheel) • A functioning horn • A hood (and the height of the air intakes may be regulated) • Bumpers • License plates • A muffler • Functioning brakes and an emergency brake • All required lights (headlights, brake lights, taillights) and reflectors • A certain amount of ground clearance — not too little (like lowriders) or too much

(like monster trucks)

• Must be operated by a Currently licensee driver and carry insurances requirements set by the state

Vehicles that meet these requirements must first be registered to the unit and may require a photo of vehicle submitted to the association for some types of vehicles.

**Golf Carts, Utility carts, AVT’s, Dirt Bikes, or simler type of vehicles are not

allowed unless they are registered with the state and met street legal requirements.

**Operators of such vehicles must hold current driver’s license and carry the

minimum state insurance requirements for street legal vehicles to be used on streets.

**No motorized vehicles of any kind may be use on walking paths, sidewalks, or

trails. The exception to this is child ride on toys that do not exceed 12 volts.

2) All Traffic rules shall be followed while driving in the community including

speed limits and stopping at all stop signs.

3) Fire Lanes

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All streets within The Lakes Community are private and are designated as fire

lanes. The parking of any vehicle that may interfere with or impede access to

emergency vehicles is prohibited at all times.

2) Overnight Parking in Common Area Parking Spaces

(a) Residents shall not park in Common Area parking from midnight to 5:00

a.m.

(b) The sole exception to this policy is in the event a resident visits another

resident on a different street than his/her residence in which case, the

visiting resident shall obtain a special permit from the Management

Company or Gate Attendant. In order to prevent abuse of the resident

guest pass, issuance is subject to the discretion of either the management

company or the Gate Attendant. In no event shall more than 3 resident

guest passes be issued in any 30 day period.

c) Guest overnight parking (from midnight to 5:00 am) in Common Area

Parking Spaces is permitted only for Passenger Vehicles belonging to

guests who have obtained an Overnight Guest Pass. Overnight Guest

Passes may be obtained from the Gate Attendant at the main entrance.

The Overnight Guest Pass will be issued on an incremental basis for one

(1) day but may be renewed daily for a total of seven (7) days. In no event

shall more than 7 Overnight Guest Pass permits be issued in 30 days

without Board approval.

(d) During the week of the Easter, Thanksgiving and Christmas Holidays

ONLY, Residents will be allowed to obtain a seven (7) day Overnight

Guest Pass permit for their guest. This extended permit may be renewed

for one additional seven (7) day period. Only two seven (7) day Overnight

Guest Pass permits will be allowed during each Holiday period.

(E) Resident Passes: Residents are required to park all resident vehicles on

the lot per the communities governing documents. In some instances,

residents may obtain overnight parking permits under specific

circumstances. Ideally residents should make every attempt to continue to

park all cars on the lot as frequently as possible. In case where that may

not be possible, short term street parking pass will be issued as described

below:

1. Construction: If a resident is performing construction that temporarily

interferes with their ability to park all resident vehicles on the lot, a

construction pass can be requested.

• Any request for passes must be done during normal business

hours with at least 48 hours lead time to ensure the request can

be processed.

11202019

• Initial pass will be good for 3 days, and upon request to

management, and can be extended an additional 3 days. No

pass will extend past 6 days in a calendar month.

• Passes are limited to three (3) per calendar year, per unit. Pass

beyond three (3) will require Board approval at the next

executive session meeting and may require up to 45 day for

approval.

• Residents will need to provide make, model, color, and license

plate number of any vehicles requesting the pass and they must

be registered to the unit through a Resident Information Form

or added to the units account on the community web site.

• Passes will be assigned to a specific vehicle and not a general

pass.

• Once a pass is approved management will notify the gate

attendant of the approval through internal notes and

communication and the resident will need to then request the

pass from the gate attendant in the car the pass is for.

• Passes must be visible and displayed in the vehicles front

window. Passes not prominently displayed and visible to patrol

may be subject to citations and towing per the towing policy as

described in section 15 of the document.

• Pass requests will be recorded and any abuse may result in

denial of the request.

• Passes may be denied if the unit owner is not in “Good

Standing” (reoccurring violations or for non-payment of

assessment).

2. Rental Car: In some instances, a resident may have a rental car in

addition to their normal vehicles. In these cases, the association

request that the resident notify management of the need for a resident

Rental Car Passes.

• Any request for passes must be done during normal business

hours with at least 48 hours lead time to ensure the request can

be processed.

• Initial pass will be good for 3 days, and upon request to

management, extended an additional 3 days. No pass will

extend past 6 days in a calendar month.

• Passes are limited to three (3) per calendar year, per unit. Pass

beyond three (3) will require Board approval at the next

executive session meeting and may require up to 45 day for

approval.

• Passes will be assigned to a specific vehicle and not a general

pass.

• Once a pass is approved management will notify the gate

attendant of the approval through internal notes and

communication and the resident will need to then request the

pass from the gate attendant in the car the pass is for.

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• Passes must be visible and displayed in the vehicles front

window. Passes not prominently displayed and visible to patrol

may be subject to citations and towing per the towing policy as

described in section 15 of the document.

• Pass requests will be recorded and any abuse may result in

denial of the request.

• Passes may be denied if the unit owner is not in “Good

Standing” (reoccurring violations or for non-payment of

assessment).

3. Move-in: When a new resident moves into the community, they may

request a move-in pass from management.

• Any requests for passes must be done during normal business

hours with at least 48 hours lead time to ensure the request can

be processed.

• This pass will be issued after documentation has been received

that the resident is a new resident (grant deed or newly signed

lease).

• Initial pass will be good for 7 days, and upon request to

management, extended an additional 7 days. No pass will

extend past 14 days in a calendar month.

• Passes are limited to three (3) per calendar year, per unit. Pass

beyond three (3) will require Board approval at the next

executive session meeting and may require up to 45 day for

approval.

• Residents will need to provide make, model, color, and license

plate number of any vehicles requesting the pass and they must

be registered to the unit through a Resident Information Form

or added to the units account on the community web site.

• Passes will be assigned to a specific vehicle and not a general

pass.

• Once a pass is approved management will notify the gate

attendant of the approval through internal notes and

communication and the resident will need to then request the

pass from the gate attendant in the car the pass is for.

• Passes must be visible and displayed in the vehicles front

window. Passes not prominently displayed and visible to patrol

may be subject to citations and towing per the towing policy as

described in section 15 of the document.

• Pass request will be recorded and any abuse may result in

denial of the request.

• Passes may be denied if the unit owner is not in “Good

Standing” (reoccurring violations or for non-payment of

assessment).

3) Guest Vehicles

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All guests in The Lakes Community must obtain a Guest Pass from the Gate

Attendant at the main gate. Any nonresident vehicle parked within The Lakes

Community without a current Guest Pass is subject to being towed at any time of

day.

4) Passenger Vehicle Parking

Passenger vehicles shall not be parked anywhere in The Lakes Community

except:

(a) In areas designed and established for parking of passenger vehicles;

(b) Wholly within garages;

(c) Wholly contained within private driveways in a manner so that the vehicle

and materials contained therein do not extend into the street, obstruct the

sidewalk or encroach upon landscaping adjacent to the driveway;

(d) Common Area Parking Spaces shall be subject to the limits in paragraph 2

and section 4.5 of the Covenants, Conditions, and Restrcitions (CC&R).

(e) In side yards per paragraph 9 below

5) Resident-Workman’s Vehicle

(a) Resident-Workman’s Vehicle’s shall not be parked anywhere in The

Lakes Community except:

(i) Wholly within garages;

(ii) Wholly contained within private driveways in a manner so that the

vehicle and materials contained therein do not extend into the

street, obstruct the sidewalk or encroach upon landscaping

adjacent to the driveway; and

(iii) In side yards per paragraph 7(a) below.

(b) Resident-Workman’s Vehicles shall be parked on Resident’s property,

never in Common Area.

(c) Resident Workman’s vehicle shall leave the Lakes Community daily on

Residents working days and shall not be parked in Resident’s driveway for

a period of 72 hours unless Resident is on vacation and has requested,

11202019

obtained and posted a Guest Parking permit in their vehicle which is easily

visible.

6) Commercial Vehicles

No commercial vehicles shall be parked in The Lakes Community other than

wholly within a residence garage. The only exception is for commercial vehicles

parked on a street or in a driveway while service is being provided to a resident.

7) Boats, Trailers, Recreational Vehicles

(a) Boats, trailers or recreational vehicles shall be kept and stored only inside

garages or other enclosed structures or in the side yards between the front

and the rear vertical plane of a residence, so long as a fence or other

enclosure substantially (i.e., 80%) screens the vehicle from view from

adjacent streets or Community Common Areas (CC&R Section 2.9).

(b) No boat, trailer or recreational vehicle shall be parked in any Common

Area Parking space unless a 24-hour Recreational Vehicle Permit has been

issued. A Recreational Vehicle Permit can be obtained from the gate

attendant at the main entrance and will be issued only to Residents and

their guests. Recreational Vehicle Permit parking will be allowed only for

the loading and unloading of subject vehicles. The Recreational Vehicle

Permit may be issued on an incremental basis for one day not-to-exceed

three permits within any seven day period.

(c) Recreational vehicles shall not be inhabited while parked in the

community.

8) Parking Direction

All vehicles parked on streets within the Community must be parked in

accordance with the direction of travel. Vehicles parked on the incorrect side of

the street or against the flow of traffic, are in violation of this Policy and may be

towed from the development at the vehicle owner’s expense without notice.

9) Inoperable Vehicles

No inoperable vehicle or vehicles without current registration or license plates

shall be parked within the Community except fully enclosed within resident

garages, or covered in the side yard.

10) Garages

(a) Garage doors shall remain closed, except when in use by the Resident

when entering or leaving the garage.

11202019

(b) Garages shall be kept sufficiently clear so as to permit parking of the

number of vehicles for which the garage was designed.

11) Vehicle Repair

(a) No resident or guest shall repair or restore any motor vehicle, boat, trailer

or other vehicle upon any portion of any lot or upon the Common Area,

except for emergency repairs thereto and then only to the extent necessary

to enable movement thereof to a proper repair facility.

(b) Residents must keep driveways free of oil and other stains at all times.

12) Miscellaneous

(a) Homeowners are responsible to inform their guests and tenants of all rules

of the Association and shall be responsible for any violation committed by

their guests or tenants. Failure by guests or tenants of an owner to adhere

to these rules may result in the owner being called to a hearing before the

Board of Directors and fines being imposed or other disciplinary remedies

available to the Association.

13) Enforcement

(a) Any requests for exceptions to this Policy must be submitted to the Board

of Directors.

14) Towing Policy:

(a) Vehicles, including trailers, boats and golf carts, are subject to being

towed from The Lakes Community according to the following:

Towing without Notice in accordance with California Vehicle Code 22669.

(b) Vehicles parked in a fire lane

(c) Vehicles parked in a way that interferes with either an entrance to or

an exit from the Development;

(d) Vehicles parked within 15 feet of a fire hydrant.

(e) Unlicensed or inoperable vehicles not displaying current license

information.

(15) Towing After Notice

11202019

(a) Any vehicle parked within the The Lakes Community not in

compliance with the Association’s governing documents (CC&Rs,

Bylaws and this Parking Policy) and/or municipal ordinances or State

laws.

(b) Vehicles that lack an engine, transmission, wheels, tires, doors,

windshield or any other major part or equipment necessary to operate

safely on the highway;

(c) The required notice before towing shall consist of a citation placed on

the vehicle.

(d) Vehicles may be towed 24 hours after being issued one (1) citation and

vehicles may be towed immediately upon issuance of a second citation

within a six (6) month period.

Permit/Guest Passes

1) All permits can be obtained from the main gate attendant or management.

2) All permits must be filled out completely and placed on the driver’s side dash

board and be readily visible from the outside.

3) Residents or guests who violate the provisions of this Policy or other Association

governing documents may be denied permits in the future at the discretion of the

Board of Directors.

4) Parking permits issued from the gate office contrary to the parking policy and

counterfeit parking permits are not valid and are subject to being towed after one

(1) citation.

04152011

THE LAKES AT DISCOVERY BAY HOMEOWNERS ASSOCIATION Rental and Lease Policy

Adopted March 25, 2009 This policy on the rental or lease of Lots within The Lakes at Discovery Bay development has been adopted pursuant to Section 3.4 of the Bylaws of the Lakes at Discovery Bay Homeowners Association (“Bylaws”) and Section 4.5 of the Declaration of Covenants, Conditions and Restrictions of The Lakes a Planned Development Project (“CC&Rs”). The rules and regulations established in this Policy are part of the rules of The Lakes at Discovery Bay Homeowners Association (“Association”) and therefore enforceable in the same manner as any other Project Document of the Association. Definitions The following definitions shall apply for purposes of this Leasing Policy. Any term with initial caps which is not defined below shall have the same meaning as in the CC&Rs.

1. “Lease” or “Lease Agreement” means any agreement between an Owner and a Tenant for the occupancy of a lot and the Residence on the Lot, whether such agreement is termed a “Rental Agreement”, Lease or otherwise.

2. “Lot” means the separate interest of each Owner, as defined in Section 2.27 of the

CC&Rs, and the dwelling and other improvements thereon

“Manager” means the person or entity appointed or hired to manage and operate The Lakes at Discovery Bay common interest development.

4. “Owner” means the holder of record fee title to a Lot within the The Lakes at Discovery Bay development, or a contract purchaser of such a Lot, as more specifically defined in Section 2.38 of the CC&Rs. 5. “Project Documents” include the Articles of Incorporation of the Association, the CC&Rs, Bylaws and the Rules of the Association, including this Leasing Policy. 6. “Tenant” means any person who occupies a Lot within the development in return for the payment of cash or other compensation to the Owner of the Lot. Rules Governing Leasing 1. Any Owner shall have the right to lease his or her Lot and the Residence upon the Lot so long as: (a) there is a written Lease Agreement specifying that: (i) the Tenant shall be subject to all provisions of the Project Documents; and (ii) a failure of the Tenant to comply with the Project Documents shall constitute a default under the Lease; (b) the Lease term is not less than thirty (30) days;

04152011

(c) the Owner gives written notice of the tenancy to the Association by completing and returning a Resident Information Form with Owner’s current contact information (including emergency contact information), Tenant’s contact information (including emergency contact information), names of all persons who will be residing in the leased Lot and Residence, gate transmitter ID number(s), vehicle information on all cars trucks, boats, motorcycles, etc. to be parked within the Project, pet information and guest list (if any) for access through the front gate (names may be added to the guest list by written request to the Manager); (d) the Owner confirms in writing that Owner has provided all of the Project Documents to the Tenant. 2. Owner shall give Manager prompt notice of any change or termination of the tenancy or any change in the information provided in the Resident Information Form. In any case, the Owner shall submit a new Resident Information Form annually. 3. Tenants and their family members, guests and Invitees shall comply with all of the provisions of the Association’s Parking Policy concerning the number of allowable vehicles, permissible parking areas and times, guest parking and all other matters concerning the parking and use of vehicles within the Project. A copy of the Association’s Parking Policy shall be provided to the Tenant by the Owner as part of the Project Documents. 4. Tenants shall have one operable gate transmitter for each vehicle parked within the Project, and must use such transmitter to gain entrance to the Project. Gate transmitters will be deactivated when a Tenant moves out and will be reactivated upon receipt by the Manager of a Resident Information Form for a new Tenant. 5. Tenants or their family members or Invitees shall not use the guest lane at the Fallman Blvd. gatehouse to gain access to the community. The guest lane is for visitors and guests. Excessive use of the guest lane by tenants and their family members or other occupants of the Owner’s Lot may subject the Owner (after appropriate notice and hearing) to a fine or other enforcement remedy available under the Project Documents. 6. Tenants, the family members and other occupants or Invitees of an Owner’s Lot shall refrain from any behavior which would be considered a nuisance by other residents of the Project or which would interfere with the use of the Community Common Area or other Lots by other residents or their guests or family members. 7. Owners shall be liable for any violation of the Project Documents by their Tenants or such Tenants’ family members, guests or Invitees and owner will be subject to fines or other enforcement remedies for violations by such persons. 8. Owners shall be responsible for any damage to Community Common Area or personal property of the Association caused in whole or in part by such Owners’ Tenants or the Tenants’ family members or guests. Failure of an Owner to pay any costs incurred by the Association as a result of such damage may result in a Reimbursement Assessment against the Lot and Owner pursuant to Section 6.5 of the CC&Rs and a subsequent lien against the Lot for the unpaid amount.

04152011

9. The Association shall look to the Owner for all assessments due under the Project Documents. 10. Subleasing and leasing only a portion of a Lot (eg garage) is prohibited. Acknowledgement I / We acknowledge having provided and having received The Lakes at Discovery Bay Homeowners Association Rental and Lease Policy and associated documents. Owner or Agent _____________________________________ Date ________ Tenant _____________________________________ Date ________ Tenant _____________________________________ Date ________ Address ____________________________________ Date Received by Association: ______________________ Please mail or fax to: Common Interest Management 3031 W. March Ln. Ste 211Stockton, CA 95219 Fax 925 743 3084 Phone 209-507-7850

Mail Box Maintenance & Replacement Policy

Mailbox Maintenance as follows:

● The property owner who has a mailbox support structure on their lot is responsible for upkeep and

maintenance of the mailbox support structure (post and “arms”)

● Individual mailboxes are the responsibility if the party receiving mail. Each mailbox owner shall maintain

and repair its’ mailbox in accordance with the standards of the neighborhood.

● Mailboxes may be replaced in like kind, size, style, color, and material without application or notice to the

Homeowner’s Association or Post Office department.

o Locking Mail Boxes are allowed with the following specifications and do not need prior approval

from the association:

▪ Inserts inside existing are allowed

● Mail Box Replacement

o USPS approved (stamped on the back/bottom of the box). If not, the post office may not deliver

mail to the new box

o Must be Rural Style

o Must be Black

o Must be about the same size as the existing box (9” wide by 20” deep and 7” high is standard size)

**Some slight variation in size may be acceptable depending on available space on post after

review by the architectural committee.

o Must be able to fit on the pedestal without touching adjacent boxes.

o Preferably metal

o Must add address numbers on box when replacing.

*please note mail boxes will vary from home to home depending on builder or the manufactures supply at time

of the original installation. Owner will need to measure their own mail box for replacement or modifications

The mailboxes can be acquired online, Home Depot, Lowes, or other home improvement stores

Originally Installed Mail Box Info:

Product Information:

● Manufacturer: Gibraltar Industries

o Mailbox only-Durable Black w/one red flag matching existing design and complying with

U.S.Post office (Traditional) design criteria

● Support Post and Arms: Item# IMP-TD3- 8000E Full set Millbrook (twin D3 pole, base and 2

brackets (box, poles and brackets)

● Model: ALM110B0 -

● Description: Premium Standard Size Black Aluminum Rural Mailbox

Date Adopted: 7/24/2019

___________________________________________________

Secretary, The Lakes at Discovery Bay Homeowners Association

Date Adopted 12/4/2013

The Lakes At Discovery Bay Homeowners Association

ASSESSMENT COLLECTION POLICYNotice to Members: This document sets forth the Association's policy regarding the collection of assessments pursuant to the Association's Governing

Documents and California Civil Code Sections 5600 - 5740.

A regular or special assessment and any late charges, reasonable fees and costs of collection, reasonable attorney's fees, if any, and

interest, if any, as determined in accordance with Civil Code Section 5650, shall be a debt of the owner of the separate interest at the

time the assessment or other sums are levied. Each assessment or charge is also a lien on the owner's property from and after the time

the Association causes a Notice of Delinquent Assessment (Lien) to be recorded with the County Recorder's Office of the County in which

the property is located.

A monetary charge imposed by the Association as a means of reimbursing the Association for costs incurred by the Association in the

repair of damage to common areas and facilities for which the member or the member's guests or tenants were responsible may become

a lien against the member's separate interest enforceable by the sale of the interest under Sections 2924, 2924b, and 2924c, provided

the authority to impose a lien is set forth in the governing documents.

The Association has a duty to levy regular and special assessments sufficient to perform its obligations under the governing documents

and California law. Regular assessments are determined at least once annually and are payable during the year in Monthly installments

or at such other intervals as the Board of Directors shall designate. The Association shall distribute the written notice described in Civil

Code Section 5730 to each member of the Association during the 60-day period immediately preceding the beginning of the

Association’s fiscal year.

A monetary penalty imposed by the Association as a disciplinary measure for failure of a member to comply with the governing

instruments, except for the late payments, may not be characterized nor treated in the governing instruments as an assessment that

may become a lien against the member's subdivision separate interest enforceable by the sale of the interest under Sections 2924,

2924b, and 2924c.

Not less than 30 days nor more than 60 days before any increase in the regular assessment or any special assessment becomes due, the

Association will give the owners notice of the assessment. Notice will be sent by first-class mail to addresses on the membership register

as of the date of notice. The Association can deliver notice of change of assessments via e-mail, if the owner has agreed in writing to

accept Association documents via e-mail. The Board of Directors may elect from time to time to provide additional periodic statements

of assessments and charges, but lack of such statements does not relieve the owners of the obligation to pay assessments.

The Board of Directors may designate an agent or agents to collect assessment payments and administer this Assessment Collection

Policy. Such designated agent may be an officer of the Association, manager, collection service, banking institution, law firm, attorney or

other appropriate agent. A.S.A.P. Collection Services at 331 Piercy Road, San Jose, CA 95138 (408) 363-9600 is one of the designated

agents authorized to administer this policy.

An Association may not voluntarily assign or pledge the Association's right to collect payments or assessments, or to enforce or foreclose

a lien to a third party, except when the assignment or pledge is made to a financial institution or lender chartered or licensed under

federal or state law, when acting within the scope of that charter or license, as security for a loan obtained by the Association; however,

the foregoing provision may not restrict the right or ability of an Association to assign any unpaid obligations of a former member to a

third party for purposes of collection. After the expiration of 30 days following the recording of a lien per the Covenants, Conditions and

Restrictions (CC&R’s), the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee

designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Section 2934a. Any sale by the trustee

shall be conducted in accordance with Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and

deeds of trusts. The fees of a trustee may not exceed the amounts prescribed in Sections 2924c and 2924d.

Unless otherwise specified by the Board or the governing documents, an assessment is due on the first of each month. An assessment,

or any portion thereof, is delinquent if it has not been received as directed by the Board or its designated agent 15 days after it is due.

8.0 Due Date/ Delinquency Date of Assessments.

7.0 Association Cannot Voluntarily Assign or Pledge the Association’s Right to Collect.

6.0 Designation of Agent.

5.0 Notice of Assessments.

4.0 Monetary Penalty Imposed by the Association as a Disciplinary Measure.

3.0 Monetary Charge for Reimbursement to Association for Damage to Common Areas and Facilities.

2.0 Obligation to Pay Assessments.

1.0 Assessments in General.

Revised: 10/23/14Page 1 of 5

Any costs and fees *incurred in setting up, processing and collecting delinquent amounts, including, without limitation, late charges,

statement charges, monthly administrative charges, charges for preparation of delinquency notices or forward to collection charges, or

request for a payment plan as well as the recordation of a lien or initiation of foreclosure proceedings, postage, copies, envelopes, labels,

filing and recordation charges, delivery charges, and attorney's fees and costs, title searches, bankruptcy searches, pulling copies of grant

deeds or property ownership history, address and or phone number verification searches, in addition to any other charges necessary to

collect a delinquent assessment shall become an additional charge against the owner and the owner's property and shall be subject to

collection action pursuant to this Policy.

If partial payments are accepted, they must be applied pursuant to Civil Code 5655: first to assessments owed, then when those are paid

in full, payments shall be applied to the fees and costs of collection, then attorney's fees, then late charges, or interest. Owners may

request a receipt and the association shall provide it. The receipt shall indicate the date of payments and the person who received it.

Payments may be required to be made in certified funds, i.e. cashier's check or money order.

Delinquent accounts become subject to the following additional charges as contained in Civil Code section 5650 and the governing

documents: costs of collection including reasonable attorney's fees; a late charge of $10 or 10% of the delinquent assessment, whichever

is greater and interest on all sums (including the delinquent assessment, collection fees and costs, and reasonable attorney’s fees) at an

annual interest rate not to exceed 12.00% commencing 30 days after the assessment becomes due; whether or not charged prior to

collection. If it is determined the assessment was paid on time to the association the owner will not be liable to pay the charges, interest,

and costs of collection.

Once an assessment, or any portion thereof, has become delinquent, the owner may receive an initial delinquency notice stating all

amounts past due and any known collection charges imposed as of the date of the notice, which may be in the form of a letter, monthly

statement, past due notice, or any other form of writing or notice from the Association or its designated agent.

If an assessment account remains unpaid for 45 days after it is due, the Association or its designated agent shall, at least 30 days prior to

recording a lien upon the separate interest of the owner of record, notify the owner in writing by certified mail all of the notice

requirements pursuant to Civil Code Section 5660. Prior to recording a lien for delinquent assessments, the owner has the right to

request to participate in dispute resolution pursuant to the Association' s "Meet and Confer" program required in Civil Code Sections

5900 - 5920. A copy of the "Meet and Confer" Offer and Procedure is attached to this collection policy as an ADDENDUM titled

"ADDENDUM TO ASSESSMENT COLLECTION POLICY: OFFER FOR INTERNAL DISPUTE RESOLUTION (IDR), MEET AND CONFER, AND ADR."

At the expiration of 30 days following the Notice of Intent to Record a Lien, the Association or its designated agent will without further

notice to the owner, record a lien against the owner's property. The notice of delinquent assessment shall be mailed in the manner set

forth in Section 2924b, to all record owners of the owner's interest in the common interest development no later than 10 calendar days

after recordation.

A lien created pursuant to 14.0 Recording of Lien shall be prior to all other liens recorded subsequent to the notice of assessment, except

that the declaration may provide for the subordination thereof to any other liens and encumbrances.

15.0 Association Lien Subordination.

14.0 Recording of Lien.

13.0 Notice of Intent to Record a Lien.

12.0 Initial Delinquency Notice.

11.0 Application of Payments.

10.0 Collection Charges.

9.0 Late Charges and Interest on Delinquent Amounts.

A release of lien will not be recorded until the entire balance of the owner's account is paid in full. All charges incurred in recording a

Release of Lien, including reasonable attorney or agent fees and costs, will be charged to the account. Within 21 days of payment in full

the Association shall record or cause to be recorded in the office of the county recorder a release of lien or notice of rescission and

provide the owner of the separate interest a copy of the recorded release of lien.

16.0 Recording of Release of Lien.

If it is determined that a lien previously recorded against a separate interest was recorded in error, the party who recorded the lien shall,

within 21 calendar days, record or cause to be recorded in the office of the county recorder, a release of lien or notice of rescission and

provide the owner of the separate interest a copy of the recorded document with a declaration stating that the recording was in error.

17.0 Lien Recorded In Error.

Revised: 10/23/14Page 2 of 5

*Incurred means as the services are provided, they are added to the owner's account.

Nothing in this section or in subdivision (a) of Section 726 of the Code of Civil Procedure prohibits actions against the owner of a

separate interest to recover sums for which a lien is created or prohibits an association from taking a deed in lieu of foreclosure.

An owner of a separate interest may submit a written request to meet with the Board of Directors, in executive session, to discuss a

payment plan agreement to allow the owner to make periodic partial payments on the entire balance of the assessment account in

addition to assessments that will accrue during the payment plan period. The Association has no obligation to enter into such a payment

agreement. If the Association accepts an agreement with the owner it shall be reasonable, as determined by the Board in its sole

discretion, and in accordance with the standards for payment plans, if any exist. The payment agreement shall be in writing and will

include a provision that additional late fees shall not accrue during the payment plan period if the owner is in compliance with the terms

of the payment plan. Interest and administrative charges will accrue until the account is paid in full. The agreement will also include a

provision that in the event of a default on the payment plan, the Association may resume its efforts to collect the delinquent assessments

from the time prior to entering into the payment plan. A lien will be recorded against the property to secure debt for the Association. The

owner will be charged for the additional collection fees and costs to administer the payment plan. Payment plan requests outside of the

Association's payment plan standards require Board approval. The board may designate a committee of one or more members to meet

with an owner .

Unless an owner disputes the validity of the debt, or any portion thereof, within thirty (30) days after receipt of the notice pursuant to

13.0 Notice of Intent to Record a Lien, the debt will be assumed to be valid. Validation of the debt will be provided in writing, at no

additional cost to the owner and will include 1) an itemized statement of the charges owed by the owner, including items on the

statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorney’s

fees, any late charges, and interest, if any 2) the Association’s name and 3) the Association’s mailing address.

Federal law states that initial dispute can be either oral or in writing. State law requires disputes to be in writing. It is therefore

recommended that all disputes be put in writing to avoid misunderstanding.

An owner has the right to dispute the assessment debt by submitting a written request for dispute resolution to the Association

pursuant to the Association’s “Meet and Confer” program required in Civil Code Sections 5900 - 5920. A copy of the "Meet and Confer"

Offer and Procedure is attached to this collection policy and serves as an official offer to the owner. See attached ADDENDUM titled

"ADDENDUM TO ASSESSMENT COLLECTION POLICY: OFFER FOR INTERNAL DISPUTE RESOLUTION (IDR), MEET AND CONFER, AND ADR."

23.0 Internal Dispute Resolution (IDR) Procedure, Meet And Confer.

22.0 Disputes.

21.0 Validation of Debt.

20.0 Payment Plan Agreement.

19.0 Deed in Lieu of Foreclosure.

An owner has the right to request alternative dispute resolution with a neutral third party pursuant to Civil Code Sections 5925 - 5965

before the Association may initiate foreclosure against the owner’s separate interest, except that binding arbitration shall not be

available if the Association intends to initiate judicial foreclosure. A summary of the ADR - Alternative Dispute Resolution Civil Code 5965

is attached as an ADDENDUM to this policy titled "ADDENDUM TO ASSESSMENT COLLECTION POLICY: OFFER FOR INTERNAL DISPUTE

RESOLUTION (IDR), MEET AND CONFER, AND ADR."

24.0 ADR - Alternative Dispute Resolution.

An owner has the right to request a meeting with the board. The board shall meet with the owner in executive session within 45 days of

the postmark of the request, if the request is mailed within 15 days of the date of the postmark of the notice 13.0 Notice of Intent to

Record a Lien, unless there is no regularly scheduled board meeting within that period, in which case the board may designate a

committee of one or more members to meet with the owner.

25.0 Owner has Right to Request Meeting with Board.

Judicial or Non Judicial foreclosure proceedings may not begin until the amount of the delinquent assessments secured by the lien,

exclusive of any accelerated assessments, late charges, fees and costs of collection, attorney’s fees, or interest, equals or exceeds one

thousand eight hundred dollars ($1,800) or the assessments are more than 12 months delinquent. Prior to initiating a foreclosure for

delinquent assessments, the association will offer the owner and, if so requested by the owner, shall participate in dispute resolution

pursuant to the association's "Meet and Confer" program required in Civil Code Sections 5900 - 5920 or alternative dispute resolution

with a neutral third party pursuant to Civil Code Sections 5925 - 5965. The decision to pursue dispute resolution or a particular type of

alternative dispute resolution shall be the choice of the owner, except that binding arbitration shall not be available if the association

intends to initiate a judicial foreclosure. A copy of the "Meet and Confer" Offer and Procedure is attached to this collection policy as an

ADDENDUM titled "ADDENDUM TO ASSESSMENT COLLECTION POLICY: OFFER FOR INTERNAL DISPUTE RESOLUTION (IDR), MEET AND

CONFER, AND ADR."

18.0 Foreclosure.

Revised: 10/23/14Page 3 of 5

Payments returned for insufficient funds, closed account, stop payment or for any other reason will be charged back to the owners

account in addition to any administrative fee, bank fee or collection fees and costs incurred to handle the returned payment. Personal

checks will not be accepted if two payments are “Returned” by the bank for any reason.

Except for notice that under California law must be sent by certified mail, notice is sufficient if either hand delivered or mailed first class,

postage prepaid, to the owner at the address on the membership register at the time of notice. Notice is presumed received (3) three

days after notice was mailed.

Owner is required to notify the Association of any change in the owner’s name or mailing address. Upon receipt of a written request by

an owner identifying a SECONDARY ADDRESS for purposes of collection notices, the Association shall send additional copies of any

notices required by this section to the secondary address provided. The owner's request shall be in writing and shall be mailed to the

Association in a manner that shall indicate the Association has received it. The owner may identify or change a secondary address at any

time, provided that, if a secondary address is identified or changed during the collection process, the Association shall only be required

to send notices to the indicated secondary address from the point the Association receives the request.

32.0 Owner's Change of Address.

31.0 Sufficiency of Notice.

30.0 Returned Payments.

29.0 Address of the Association and the Board of Directors.

For the purpose of OVERNIGHT PAYMENTS owners are directed to use the same mailing address that is used for mailing routine

assessment payments, unless otherwise directed by the designated agent. For the purpose of CORRESPONDENCE owners are directed to

use the mailing addresses of the designated agent, unless otherwise directed. These addresses are subject to change after the

distribution of this policy. Notification of a change will be in writing to the membership through normal day-to-day correspondence from

the association or its designated managing agent. It is the owners’ responsibility to note any changes for their records.

Owner has the right to review the Association records, pursuant to Civil Code Section 5205. Owner should contact the Association’s

managing agent for the policies and procedures set forth to inspect the records.

26.0 Owner has Right to Review Association Records.

27.0 Dispute Resolution, Meet And Confer Procedure Civil Code Section § 5920. See attached Addendum titled "ADDENDUM TO

ASSESSMENT COLLECTION POLICY: OFFER FOR INTERNAL DISPUTE RESOLUTION (IDR), MEET AND CONFER, AND ADR."

The Association reserves the right to avail itself of any other remedy permitted by law and the Association's governing documents to

collect assessments and related costs and charges, including but not limited to bringing an action in Small Claims or Superior Court. Such

remedies may be taken in addition to, or in lieu of, any action already taken, and commencement of one remedy shall not prevent the

Association from electing at a later date to pursue another remedy.

28.0 Other Remedies.

If any provision of this Policy is determined to be null and void, all other provisions of the Policy shall remain in full force and effect.

33.0 Void Provisions.

Revised: 10/23/14Page 4 of 5

ADDENDUM TO ASSESSMENT COLLECTION POLICY: OFFER FOR

INTERNAL DISPUTE RESOLUTION (IDR), MEET AND CONFER, AND ADR

Revised: 10/23/14Page 5 of 5

DISPUTE RESOLUTION, MEET AND CONFER PROCEDURE CC §5920

WHO MAY START: This procedure may be invoked by the Association or an Owner. Either party may make a written request to meet and confer to

resolve a dispute. The Board shall designate a member of the Board to meet and confer.

WHO PARTICIPATES: When a written request for Dispute Resolution is received from an owner, the Association shall participate. If the Association makes a written request for an owner to participate, the owner may elect not to participate.

NON-PARTICIPATION BY THE OWNER: I f the owner declines to participate, the Association may begin Alternative Dispute Resolution, pursuant to Civil

Code § 5930.

IF THE OWNER PARTICIPATES, THEN THE MEET AND CONFER TAKES PLACE:

A. The Association will act on a request by the owner within 45 days of receipt of the written request to meet.

B. The meeting shall be established in good faith, take place promptly at a mutually convenient date, time and location. Each party shall explain their

position and shall confer in good faith to resolve the dispute. If an attorney or other person will be present to assist the owner, the Association must be

notified in writing 10 days pr ior to the established date. If notice is not given 10 days prior, the Association can request a continuance. Each party to

pay for their own costs.

C. An agreement resolving the dispute by the parties shall be made in writing and dated and signed by the parties, including the Board designee on

behalf of the Association.

D. A written decision shall be made by the designated Board Member and delivered or received by the owner within ten (10) days after the meet and

confer.

E. If the owner participates, but t he dispute is resolved other than by agreement of the owner, the owner shall have the right to appeal to the

Association's Board of Directors.

APPEAL:

A. If the owner disputes the resolution, an appeal must be taken to the Board of Directors within thirty (30) days of the date of the decision by the

designated Board member.

B. If there is an appeal, the Board must hear the Appeal at its next regularly scheduled meeting in executive session, then issue a written decision

within ten (10) days.

NO CONFLICT:

A. The resolution must not be in conflict with the law or the governing documents.

B. The agreement must be consistent with t he authority granted to the Board of Directors or the Board must ratify the agreement.

C. The written agreement, which is dated and signed by the parties, will bind both parties and be judicially enforceable.

NO FEE: No fee will be charged to the owner during this process.

EXCEPTIONS: Reasonable exceptions may be made to the time deadlines, in the discretion of the Board. Any exceptions will be made on a case-by-case

basis.

TIME: The maximum time to act on a written request by the owner is forty-five (45) days. Initiation to completion of the dispute wil l take no more than

one hundred eighty (180) days, unless extended by both parties.

ADR - ALTERNATIVE DISPUTE RESOLUTION CC §5925 - 5965 [SUMMARY] As of January 1, 2006

1. If an association, owner or member of an association seeks ei ther:

A. Declaratory or injunctive relief; or

B. Declaratory or injunctive relief and a claim for monetary damages not in excess of the jurisdictional limits of small claims court (as of

January 1, 2012: $10,000 for individuals or $5,000 for homeowner association), other than for association assessments, concerning the

enforcement of the governing documents; the parties shall submit their dispute to Alternative Dispute Resolution (ADR), such as

mediation or arbitration. A Request for Resolution (“Request”) begins the process and it shall include: 1) A description of the dispute;

2) A request for ADR

3) Notice that the party receiving the Request is required to respond within thirty (30) days or the Request will be deemed rejected.

C. This does not apply to small claims action.

D. Except as required by law, this does not apply to an assessment dispute.

2. A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the

request within that period, the request is deemed rejected by the party.

3. If the Request is accepted, ADR shall be completed within ninety (90) days from the date of accept ance, or it can be extended by a wri tten

stipulation signed by both parties.

"FAILURE OF A MEMBER OF THE ASSOCIATION TO COMPLY WITH THE ALTERNATIVE DISPUTE RESOLUTION REQUIREMENTS OF SECTION 5930

OF THE CIVIL CODE MAY RESULT IN THE LOSS OF THE MEMBER’S RIGHT TO SUE THE ASSOCIATION OR ANOTHER MEMBER OF THE ASSOCIATION

REGARDING ENFORCEMENT OF THE GOVERNING DOCUMENTS OR THE APPLICABLE LAW."

Unless otherwise stated by the Association, this document serves as the Association’s OFFER FOR INTERNAL DISPUTE RESOLUTION (IDR), MEET AND

CONFER, AND ADR and it serves as its procedure for the same.

Adopted September 24, 2008

THE LAKES at Discovery Bay Homeowners Association

• Violation and Fine Policy When homeowners are in violation of the governing documents of the Association, the Association will execute the following violation notification and fine policy by direction of the Board of Directors.

1. First notice of reported or noted violation is sent to the homeowner specifying the nature of the violation or non-compliance. A time limit for correction shall be given.

2. If the violation or non-compliance has not been corrected within the time

limits given, a second notice will be sent notifying the owner of a pending hearing before the Board of Directors.

3. If the violation has not been corrected within the time limits given, the

Association shall invite the homeowner in violation to a hearing, listing any or all of the following sanctions being considered by the Board:

a. A fine of $100 per occurrence (or per month); b. Correction of the problem by the Association and a reimbursement

assessment to be charged to the homeowner; c. Expenses for legal action, if required, will be charged back to the

owner as a reimbursement assessment in accordance with Civil Code Section 1354.

d. Loss of the right to use of the recreational facilities, if applicable. e. Loss of voting right regarding the Association affairs.

4. The hearing is held and the Board of Directors makes a decision regarding

sanctions. A written notice of that decision is mailed to the homeowner in violation, following the hearing.

5. If the Board of Directors deems that a fine is necessary, a fine of $100.00

will be assessed against the account of the homeowner each month, (or per occurrence, depending upon the type of violation), until satisfactory evidence that the violation has been corrected has been made available to the Board of Directors.

6. The Board of Directors of the Association may revise this policy, either

generally or on a case-by-case basis, if it finds good cause to do so.

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ELECTION RULES LAKES AT DISCOVERY BAY HOMEOWNERS ASSOCIATION

Adopted February 26, 2020

These Election Rules for Lakes at Discovery Bay Homeowners Association (“Association”) are adopted per Civil Code § 5105 of the Davis-Stirling Common Interest Development Act (“Act”) and the Association’s authority under its Bylaws and CC&Rs. Unless otherwise indicated, all capitalized terms are as defined in the CC&Rs or Act. The Election Rules supersede and replace all prior versions. These Election Rules shall apply to any vote regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area pursuant to Civil Code Section 4600.

ARTICLE 1: DIRECTORS AND ELECTIONS

1.1 Director Nominee Disqualification. A nominee will be disqualified where:

a. Membership. The person is not a member at the time of their nomination.

b. Co-Owners Eligible for Only One Position. The person, if elected, would be serving on the Board with their co-owner of a Lot.

c. Current on Assessments. The person is delinquent in the payment of any Regular or Special Assessment, except where the person has paid the Assessment under protest, or where the person has entered into a payment plan and the person has been offered an opportunity to engage in internal dispute resolution to address their delinquency.

d. No Convictions Impacting Fidelity Bond. The person has been convicted of a crime that would, if elected, either prevent the Association from purchasing fidelity bond coverage or would cause the termination of the Association’s existing fidelity bond coverage.

e. Member for at Least One Year. The person has not been a member for at least one year at the time of nomination.

Civ. Code §§ 5105(b)-(e), 5658, 5665, and 5806.

1.2 Director Qualifications. Directors must meet the above qualifications and must not be delinquent in the payment of any Assessment, except where the person has paid the Assessment under protest, or where the person has entered into a payment plan. Note that the term “Assessment” does not include fines, fines renamed as assessments, collection charges, late charges, or costs levied by a third party. Civ. Code §§5105(c), 5665, 5658.

1.3 Designee of Impersonal Member. In the event a corporation or other impersonal entity is a member of the Association or holds title to a Lot, it may designate one person to stand for election to the Board on its behalf. Civ. Code §5105(b)(2).

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1.4 The Association shall conduct an election for the board of directors at the end of each director’s expiring term and at minimum every four years. Civ. Code §5100(a)(2).

ARTICLE 2: INSPECTORS OF ELECTION

2.1 Selection.

a. Process. Prior to the date ballots are first sent out and at an open meeting of the Board, the Board shall select either one (1) or three (3) persons as Inspectors of Election.

b. Eligible Inspectors. The Inspector(s) of Election may include any of the following, unless under contract with the Association to provide services for compensation other than serving as an inspector of election:

i. Poll Worker. A volunteer poll worker with the County Registrar of Voters;

ii. Accountant. A licensee of the California Board of Accountancy;

iii. Recording Secretary. A notary public;

iv. Association Members. Members of the Association, but not: (i) members of the Board, (ii) candidates for the Board, (iii) persons related to a member of the Board, or (iv) persons related to a candidate for the Board;

v. Third-Party Independent Inspector of Elections: An independent third-party person, business entity or subdivision of a business entity who is not under contract to the Association for any compensable service other than as an election inspector. Civ. Code § 5110(b).

2.2 Duties. Duties of Inspectors of Election shall include the following:

a. Deliver Ballots and Rules. Deliver, or cause to be delivered, at least thirty (30) days before an election, to each member: (i) the ballot(s) either by prepaid first class mail or personal delivery; and (ii) a copy of these Election Rules by either prepaid first class mail, personal delivery or by posting them to an internet website and including the internet website address on the ballot together with “The rules governing this election may be found here:” in at least 12-point font.

b. Membership. Determine the number of memberships entitled to vote and the voting power of each.

c. Voter and Candidate Registration Lists. Make changes requested by the Association or members to the voter and candidate registration lists within two days of the request. Maintain the final Candidate Registration List until after the tabulation of the vote, and for one year from the date of the election, at which time custody shall be transferred to the Association.

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d. Validity. Determine the authenticity, validity and effect of proxies, if any.

e. Closing and Reopening of Polls. Determine when the polls shall close and determine whether to reopen the polls to allow members to cast a ballot after the polls have been closed.

f. Receive Ballots. Receive all ballots. Once received by an Inspector of Elections, ballots are irrevocable.

g. Custody. Maintain custody of the sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list at all times. The sealed ballots, signed voter envelopes, voter list, proxies, and candidate registration list, shall be in the custody of the Inspector or Inspectors of election or at a location designated by the Inspector or Inspectors until after the tabulation of the vote and until the time allowed by Civil Code § 5145 for challenging the election has expired, at which time custody shall be transferred to the Association. No person, including a member of the Association or an employee of the management company, shall open or otherwise review any ballot prior to the time and place at which the ballots are counted and tabulated. The Inspector of Elections or his or her designee may verify the member’s information and signature on the outer envelope prior to the meeting at which ballots are tabulated.

h. Challenges. Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote. If there is a recount or other challenge to the election process, the Inspector(s) shall make the ballots available for inspection and review upon written request. A member may authorize a representative to review the ballots on his or her behalf. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.

i. Count Ballots. Count and tabulate all votes. All votes shall be counted and tabulated by an Inspector of Elections or his or her designee at a properly noticed open meeting of the Board or members. Candidates and members may witness, but not interfere with the counting and tabulation of the votes from at least five (5) feet away from the Inspector and his/her assistants.

j. Appoint Assistants. Appoint and oversee additional independent third parties to verify signatures, and to count and tabulate votes as the Inspectors of election deem appropriate provided that such persons are independent third parties.

k. Results. Determine the tabulated results of the election.

l. Impartiality. Perform their duties impartially, in good faith, to the best of their ability, and as expeditiously as is practical in a manner that protects the interest of all members of the Association. Any report made by the Inspectors of Election is prima facie evidence of the facts stated in the report.

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m. Miscellaneous. Perform any acts as may be proper to conduct the election with fairness to all members in accordance with the Civil Code, the Corporations Code, the Governing Documents, and all applicable rules of the Association regarding the conduct of the election that are not in conflict with the Civil Code. If there are three inspectors, a majority will decide any issues not agreed upon by all. Any inspector report is prima facie evidence of the facts stated therein. Civ. Code §§ 5105(g)(4); 5110(c) and (d), 5120, and 5125.

2.3 Removal. The Board has the power to remove Inspectors who cease to meet the required qualifications, are unable or unwilling to perform their duties, or for other good reason, and to appoint new Inspectors in their place.

ARTICLE 3: NOMINATIONS

3.1 Nominations. As authorized by the bylaws, the Association may utilize any permissible means to obtain nominations for directors, including a nominating committee and sending out request for candidates.

3.2 Self-Nomination. Any member meeting the qualifications set forth in these Rules may nominate himself or herself by completing any document utilized by the Board for application purposes (Board Application), which will be included with the request for nominations. All persons so nominated who meet the qualifications set forth in these Rules, and who return their Board Application on or before the deadline stated in the request for nominations, shall be included on the ballot for election of Directors. Civ. Code § 5105(b).

3.3 Write-Ins/Floor Nominations. The Ballot form may also provide a space where a member can designate a vote for another (i.e., write-in) candidate. In the absence of such a space in the ballot form, write-in candidates/floor nominations are not allowed.

3.4 Notice of Procedures and Deadlines.

a. Content and Timing of Notice: At least thirty (30) days before the deadline set for submitting nominations, the Association shall provide notice to the members of the procedures and deadlines for submitting nominations.

b. Delivery. Notice of nomination procedures and deadlines must be given as follows:

i. For Members Who Have Not Requested Personal, Email, or Mail Notice:

a) Method of Delivery. Either personally, by electronic transmission (when consented to by the member), by first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier, inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods provided in this section.

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ii. For Members Who Have Requested Personal, Email, or Mail Notice:

a) Method of Delivery. Either personally, by electronic transmission (when consented to by the member), or by first-class mail, registered or certified, charges prepaid.

b) Location of Delivery. To the member: (a) at a primary or secondary address as provided by the member (a); or (b) if the member fails to provide such notice, the last address provided in writing by the member; or (c) if none of the above, the address of the member’s separate interest. Civ. Code §§ 4040 and 4041

c) Notice Deemed Given. Notice of nomination procedures and deadlines is deemed given when delivered personally, deposited in the mail, or upon completion of electronic transmission to those members who have consented to same. Civ. Code § 4050

Civ. Code §§ 5105(b); 5115(a).

3.5 Candidate Registration List. The Association shall, or cause the Inspector(s) to, compile a list of duly nominated candidates and permit members to verify the accuracy of their individual information on the list at least thirty (30) days before ballots are distributed. The Association shall report any requested changes to the Inspector(s). The list, once returned by the Inspector(s), shall be maintained by the Association for one (1) year from the date of the election.

ARTICLE 4: BALLOTS AND PROXIES

4.1 Notice. At least thirty (30) days before ballots are distributed, the Association shall provide, or cause to be provided by the Inspector(s), notice to the members as follows:

a. Notice Contents. (i) The date and time by which, and the physical address where, ballots are to be returned by mail or handed to the Inspector(s); (ii) The date, time, and location of the meeting at which ballots will be counted; and (iii) The names of all candidates that will appear on the ballot.

b. Delivery. The notice provided by this section must be given as follows:

i. Method of Delivery.

a) For Members Who Have Not Requested Mail, Personal or Email Notice: Either by electronic transmission (when consented to by the member), by prepaid first-class mail, posting in a prominent location accessible to all members that has been designated for the posting of general notices in the Association’s annual policy statement, inclusion in a billing statement, newsletter, or other document that is delivered by one of the methods in this paragraph. Civ. Code §4045.

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b) For Members Who Have Requested Mail, Personal or Email Notice: Either personally, by electronic transmission (when consented to by the member), or by first-class mail, registered or certified, charges prepaid. Civ. Code § 4040

ii. Location of Delivery by Mail. To the member: (a) at a primary or secondary address as provided by the member; or (b) if the member fails to provide such notice, the last address provided in writing by the member; or (c) if none of the above, the address of the member’s separate interest. Civ. Code §§ 4040 and 4041.

iii. Notice Deemed Given. Notice of a membership meeting is deemed given when delivered personally, deposited in the mail, or upon completion of electronic transmission to those members who have consented to same. Civ. Code § 4050.

4.2 Voting Rights.

a. Number of Votes. Each member shall be entitled to one (1) vote per Lot owned on all matters presented for a membership vote.

b. Denial of Ballot. No member shall be denied a ballot for any reason other than not being a member at the time when ballots are distributed.

c. Voter List. The Association will permit members to verify the accuracy of their individual information on the voter list at least 30 days before the ballots are distributed. Included on the list are name, voting power, and the physical address of the voter’s Lot, and mailing address if different from physical address. The Association will advise the Inspector(s) of any requested changes and maintain the voter list, after return by the inspector, for three years from the election.

d. Record Date. The Board may fix a record date no more than 60 days prior to a meeting for those members entitled to notice and vote. If the Board does not set a record date, the record date for notice of meetings will be the date before notices are mailed to the members of a meeting or for voting, the day written ballots are sent. Corp. Code § 7611.

e. Proof of Membership. Except as provided in subdivision (f) of this section, no person or entity may exercise the rights of membership without an ownership interest in a Lot. Proof of membership will be a recorded deed or, if the property was transferred within the past thirty (30) days and a copy of the newly recorded deed is unavailable, a completed escrow closing statement.

f. General Power of Attorney. The holder of a general power of attorney for a member shall not be denied a ballot and may exercise that member’s right to vote consistent with the terms of these rules.

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g. Cumulative Voting. Cumulative voting is permitted. Cumulative voting applies only when electing or removing Directors. Members shall be entitled to cast a number of votes equal to the number of Directors to be elected multiplied by the number of Lots owned. Every Member may cumulate his votes and give them to a single candidate or distribute them among as many candidates as the Member thinks fit, as long as the name of any candidate for whom the Member casts cumulated votes has been put into nomination prior to the commencement of voting and the Member announces their intention to cumulate votes prior to voting. If one Member announces their intention to cumulate votes, all Members may cumulate votes. Bylaws, Article 4, Section 4.3.

h. Co-Owners. Where there is more than one (1) Owner of a Lot (“Co-Owner”) all such co-owners are members and may attend any meeting of the Association, but only one co-owner shall be entitled to exercise the vote of the Lot.

i. Presumption of Consent. Unless the Inspector of Elections receives a written objection prior to the close of balloting from a co-owner, it will be presumed that the voting owner is acting with the consent of his or her Co-Owner(s) when a ballot is submitted.

j. Voting for Properly Nominated Candidates. Members must vote only for those candidate(s) who have been properly nominated prior to the close of nominations.

4.3 Proxy Rules

a. Generally. A proxy is a written authorization signed by a member or the authorized representative of the member that gives another member or members the power to vote on behalf of that member. "Signed" means the placing of the member's name on the proxy (whether by manual signature, typewriting, telegraphic transmission, or otherwise) by the member or authorized representative of the member. Civil Code § 5130; Corp. Code § 7613.

b. Proxies for elections conducted under these Rules will not be distributed by the Association and may not be used in place of ballots. A member wishing to authorize another individual to vote in their place should complete the outer envelope accompanying the ballot with all the required information, then provide the designated individual the ballot for their voting. The designated individual must ensure that the ballot is completed and returned to the Inspector of Elections in the manner set forth in these Rules for the ballot to be considered valid.

c. Permitted with Restrictions. Proxies are permitted provided they are in accordance with Governing Documents, applicable laws, and these guidelines:

i. A proxy provider must be a member or the member’s representative and the proxy holder must be a member.

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ii. Proxies distributed by the Association or any member must (a) state the matter(s) to be voted on and provide an opportunity for the proxy provider to approve or disapprove the matter(s); (b) state that the vote(s) of the proxy holder will vote on according to the choice(s) specified; (c) include the name of the person to whom the proxy is to be given for the purpose of casting the vote to reflect the proxy provider’s vote(s) as specified on the form of proxy; and (d) if in the case of an election of directors, the proxy must list the name of all candidates that appear on the ballot.

iii. Any instruction given in a proxy must be on a separate page of the proxy that can be detached and given to the proxy holder to retain.

iv. Proxies are not used in lieu of a ballot.

v. The proxy holder will cast the member’s vote by secret ballot unless the proxy is revoked by the member prior to the receipt of the ballot by an Inspector of Elections.

vi. The Association is not required to prepare or distribute proxies.

vii. The Inspector(s) may invalidate any proxy that does not meet the above requirements.

Civil Code §§ 5105(a)(4) and 5130 and; Corp. Code § 7613.

4.4 Secret Ballots. All secret ballots mailed or otherwise delivered to the membership will include a double-envelope system and voting instructions for returning the ballots and be delivered to every member entitled to vote at least thirty (30) day before the initial voting deadline for those elections that require such voting methods. Ballots seeking approval to amend or restate governing documents must be delivered to the members with the text of the proposed amendment. Civ. Code §§ 5100 and 5115.

a. Signature. Ballots do not require a signature; however, ballots signed by members remain valid.

b. Inner Envelope. The Association will provide two envelopes. To preserve secrecy, the ballot is to be placed within an inner envelope with no identifying information. However, information written on the inner envelope by a member will not invalidate the ballot. The inner envelope containing the ballot is to be placed into a second outer envelope containing identifying information.

c. Outer Envelope. In the upper left-hand corner of the outer envelope, the voting member must sign his/her name and indicate (print, type, etc.) his/her name and the address entitling the voter to vote. The outer envelope must be addressed to the Inspector of Elections.

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d. Delivery. The outer envelope may be mailed to the address on the envelope or delivered to a location specified by the Inspectors of Election. The member may request a receipt for delivery.

4.5 Quorum by Ballot. Each ballot received within a properly completed outer envelope from a member whose voting rights have not been suspended is deemed as a member present at a meeting for purposes of establishing a quorum. This applies even if the ballot has no markings on it.

ARTICLE 5: CAMPAIGNING

5.1 Access to Media.

a. Use of Association Resources.

i. Common Area Bulletin Boards/kiosks. Subject to availability and authorization by the Board each candidate, member, or resident, may post information about the election in a reasonable size and quantity on a common area bulletin board or kiosk, for a reasonable period of time, at no cost to the candidate, member, or resident.

ii. Association Media. If any candidate or member is provided access to Association newsletters, website, or other Association media, if any, during an election, or given permission to post campaign material in the common area for purposes that are reasonably related to that election, then equal access shall be provided to all candidates and members. The access shall be limited to information relating to that election and shall include those candidates and members advocating a point of view, including those not endorsed by the Board. The Association shall not edit or redact any content from these communications but may include a statement specifying that the candidate or member, and not the Association, is responsible for that content. The Association and its directors, officers, and agents shall be immune from liability for the content of those communications to the fullest extent provided by law.

iii. Membership List. Candidates and members have the right to request the Association’s membership list for the purposes of distributing, at their own expense, materials which advocate a point of view reasonably related to the election. Candidates and members also have the right to contact members who have opted out of the membership list through the alternate means of communication permitted under Cal. Civ. Code §5220 for the purposes of distributing, at their own expense, materials which advocate a point of view reasonably related to the election.

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5.2 Use of Common Area During Election Campaign.

a. Purpose. Regarding any Association election, each candidate, member, or resident shall be allowed to use, if available, the Association’s common area meeting space at no cost for a purpose relating to Association elections (Civil Code § 5105(a)(2)), or other peaceful assemblies or meetings (Civil Code § 4515), including to advocate a point of view reasonably related to the election.

b. Reservation. Each candidate, member, or resident, who wants to use the common area for the above purposes must make a reservation in advance of the date and time requested. Such requests will be granted on a first-come, first-served basis, provided that the area is not already reserved. To assure fairness, each candidate may not reserve or use the common area for more than two (2) hours on any particular date. In addition, each candidate and each member shall only be allowed to make one (1) reservation per day to use the common area.

5.3 No Use of Association Funds for Campaign Purposes. Association funds may not be used for campaign purposes in connection with any election except to the extent necessary to comply with duties of the Association imposed by law. The Association shall not include the photograph or prominently feature the name of any candidate on a communication from the Association or its Board, excepting the ballot, ballot materials, or communication that is legally required, within thirty (30) days of an election. This restriction does not preclude directors from advocating the election or defeat of any issue or candidate on the ballot. However, they may not use Association funds to do so. Civ. Code § 5135.

5.4 Improper Electioneering.

a. Prohibited Activities. In addition to any of the prohibitions in these rules, candidates, members, and residents, including their tenants, families, employees, agents, visitors, licensees, or servants are prohibited from engaging in any of the following activities:

i. Causing any printed campaign or other election related materials to be placed upon or affixed to any portion of the common area without prior written authorization from the Board or management;

ii. Attempting to solicit either a vote or proxy from another member through deceit, harassment, intimidation, improper influence, undue coercion, or force;

iii. Attempting to prevent a member from casting a vote or delegating their right to vote via proxy through deceit, harassment, intimidation, improper influence, undue coercion, or force;

iv. Interfering with the counting or tallying of votes;

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v. Inducing other members to divert ballots away from the Inspector(s) of Election; or

vi. Interfering with any candidate’s ability to distribute authorized campaign materials.

b. Report Violations. Members are encouraged to report any electioneering violations they witness to the Board or management.

c. Fines. The Board may levy a fine of $100 for each violation of this section after proper notice and hearing.

ARTICLE 6: CANVASSING AND PETITIONING

6.1 Generally. Canvassing and petitioning the members, the Board, and residents for purposes permitted in Civil Code § 4515 (i.e., peaceful assembly to discuss social, political, or educational matters related to the community or matters of public interest) or any election, by telephone and/or personal visits to private residences in the development, is limited to the hours of 9:00 a.m. until 6:00 p.m. However, any member or resident who declines to be contacted, must not be contacted by telephone or personal visits thereafter.

6.2 Impermissible Conduct. Nothing in this Section shall be deemed to permit a member or resident to contact another member or resident in a manner that constitutes a breach of the member’s or resident’s quiet enjoyment, or a nuisance.

ARTICLE 7: POST-ELECTION RESULTS

7.1 Breaking a Tie. In the event of a tie leaving the outcome of the election unresolved, the following will apply:

a. If requested by any member or candidate, the Inspector of Elections, and any designees, will conduct a recount of the ballots. If there is a charge, the Association will bear the expense. Members may observe the recount under the same conditions as the original ballot counting.

b. Following the recount, if the tie remains, all other newly elected directors will begin serving their terms. An incumbent director whose seat was tied shall continue in office until a runoff election determines the winner for his/her seat. Only those candidates who tied for the seat shall be in the runoff.

c. In lieu of a runoff and if the tied candidates agree, the winner may be decided by a coin toss or the drawing of names by the Inspector of Elections.

7.2 Results of an Election. The tabulated results of the election will be announced immediately after all the ballots have been counted and reported to the Board and recorded in

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the minutes of the next Board meeting. Within fifteen (15) days of the election, the Board will publicize the tabulated results of the election in a communication to all members.

7.3 Status of the Ballots after Election. The sealed ballots will be in the custody of the Inspectors of Election or at a location designated by the Inspector(s) until after the tabulation of the vote and until one year for challenging the election has expired, at which time custody will be transferred to the Association.

7.4 Election Recount. In the event of a recount or other challenge to the election process, the Association shall, upon written request, make the ballots available for inspection and review by members or their authorized representatives. Any recount shall be conducted in a manner that shall preserve the confidentiality of the vote.

Certificate of Secretary of the Lakes at Discovery Bay Homeowners Association

I, the undersigned, the duly elected and acting Secretary of the Lakes at Discovery Bay Homeowners Association, do hereby certify:

That the attached Election Rules were duly adopted at a meeting of its Board of Directors

held on the 26th day of February, 2020.

09202012

THE LAKES at Discovery Bay Homeowners Association

• Group Use of Common Area Policy From time to time residents may utilize the common areas for group activities or events. This policy outlines the general guidelines that shall be followed when a

resident uses common areas for group events or gatherings. Common Area Defined: Common area is defined as any area maintained by the Association including but not limited to streets, lawns, parks, tables, BBQs, Basketball courts, Bocce Ball courts, field, or any other common area currently installed or to be installed at a later date.

1. Use of the common area or common area components is on a first come

first serve bases. If an area becomes subject to conflicting times of use, the Association may establish a formal registration process.

2. The common area being used shall be left in the same good condition it was found. All debris and trash shall be removed or disposed of and any personal property shall be removed.

3. Over use of areas may lead to closing of an area for certain times and uses. 4. The association shall not be held liable for any injuries to individuals

attending the event, residents, or damage to private property. 5. The host resident(s) shall be responsible for any damages that occur to

common area, private property, or individually owned lots, during the event.

6. All guests of the event must be on the resident’s guest list prior to the event.

7. All attendees, guest and residents, shall park in the designated parking areas (stalls and allowed side of street) during the event. Violation of the parking rules will result in immediate towing of vehicle(s) and possible fines to the owner of the unit hosting the event .

8. Any activities not already provided by the association, including but not limited to, games, sports equipment, bounce houses, additional cooking devices, must have association approval before they can be placed on common areas. Resident may have to provide proof of insurance.

9. If an event is deemed a nuisance to the general membership, it may be subject to immediate cancelation by the Association.

10. Noise must be kept to a minimum so not to affect the general membership. Quite hours of 10:00PM to 8: 00AM will be enforced.

11. Some common areas are subject to curfews and use may be restricted during those hours.

Approved: 11/30/2016

11302016

THE LAKES at Discovery Bay Homeowners Association

Sports Equipmnet Policy

Due to safety and accessibility concerns this policy has been established to control Sports

Equipment use in the common areas, streets, and each residence within the Lakes

Community.

Common Area Defined:

As defined in CC&Rs § 2.9, the term “Community Common Area” means “all real

property owned or to be owned by the Association for the common use of and enjoyment

of the Owners.” This includes Private Streets, lawns, parks, tables, BBQs, Basketball

courts, Bocce Ball courts, sports fields, where those items exist other than on an

individual Owner’s Lot, as well as any other common area currently installed or to be

installed at a later date throughout the Community.

Sport Equipment Defined:

Any portable or non-portable equipment used in sporting activities or play that is not a

permanent amenity supplied and maintained by the Association. This includes but is not

limited to:

Basketball Goals

Goal Post

Nets

Ramps

Tracks

Rackets

Or any other similar

equipment

Sports-Related Activity Defined:

Any activity by which one or more people employ sports equipment or play, as that term

is defined here, for such equipment’s intended use.”

Due to safety and accessibility issues, no portable basketball goals or sports

equipment, as defined herein, shall be placed in any Common Area street or

sidewalk. This rule shall in no way limit any Owner’s right to enjoy such

equipment within the confines of that Owner’s Lot or place such equipment on their

own property.

Any such sports equipment abandoned in Common Area streets or sidewalks for

more than two hours, or for a lesser period of time, but which poses an obstruction

or safety hazard to others, may be removed and discarded without notice.

As stated in CC&Rs § 7.4.7, “the Association shall not be responsible for the safety

of Owners within the Project, except in the event of active gross negligence or

willful misconduct of its Directors or officers.” Any person who engages in any

sports-related activity in any part of the Community Common Area does so at their

own risk.

As with any exterior structural changes, under Article 12 of the CC&Rs, the

installation of all permanent basketball goals must be approved by the Architectural

Review Committee, including where such installation is intended by any Owner for

that Owner’s Lot.

For use of the common area lawn areas, walking paths, picnic areas, and other

common areas, please review the associations “Common Area Use” policy.

The Association enforces dawn to dusk sports related activities.

06272018

The Lakes at Discovery Bay

Surveillance System Policy

Adopted 6/27/2018

Video Footage Retention:

Footage from surveillance cameras is continuously streamed 24 hours a day, 7 days a week to a private,

password-protected intranet site controlled by the association. At present, footage is not permanently archived.

Video Footage Access:

HOA management companies and security officers may take screen-shot or movie captures of surveillance

cameras footage as requested by law enforcement agencies, courts, or for use as evidence in disciplinary

proceedings. Board members will not access these systems directly to reduce implications of misuse or personal

bias. Video review and monitoring of the associations common areas will be conducted in a professional,

ethical, and legal manner. All system users will NOT monitor individuals based on characteristics of race,

gender, ethnicity, sexual orientation, disability, or other classifications protected by associations CC&R’s and

Policies. Video monitoring is limited to use that does not violate the standard of a “reasonable expectation to

privacy”.

Releasing of Footage:

Information obtained through video monitoring will only be released when “authorized by the Association

Board of Directors in accordance with the procedures established in this policy”. The Association holds the

right to require a court order or other formal request to provide footage to individual residents and will be

reviewed on a case by case bases. When a matter only involves an individual homer, cost to obtain and process

footage will be billed to the resident requesting the footage at the standard management billable rate, currently

at $125 per hour. If an incident involves the community as a whole, fees for footage retrieval and processing

will not be billed to the individual owner. The Board will hold the right to determine what matters are

community wide incidents.

Storage:

Surveillance cameras clips, screen shots and / or printouts may be stored for a period of 30 days and will then be

erased or destroyed, unless retained as part of a enforcement proceeding, criminal investigation or court

proceedings (criminal or civil), or other bona fide use as approved by the association’s Board of Directors.

System Access:

Access to video monitoring footage is limited only to HOA management companies, police, and Gate or Patrol

staff.