This Declaration of Restrictions, (reflecting all amendments through September, 2002), made by El Rancho Loma
Serena Homeowners Association, a California Corporation hereinafter referred to
as “Declarant”.
Whereas, El Rancho Loma Serena Homeowners Association is
the owner of that certain real property located in the County of Calaveras,
State of California, described as Lots A, B, C, D, E, F, and X and Lots 1
through 148, EL RANCHO LOMA SERENA, Units 1, 2, and 3, as shown on that certain
subdivision map filed in the office of the Recorder of the County of Calaveras,
State of California, on the 5th day of May, 1969, in Book 3 of Maps,
Calaveras County Records, and:
Whereas, it is the desire and intention of the owner to
sell the property described above, and to impose on it mutual, beneficial
restrictions under a general plan or scheme of improvement for the benefit of
all the lands in the tract and the future owners of these lands:
Now, Therefore, declarant hereby declares that all of the
property described above is held, and shall be held, conveyed, hypothecated or
encumbered, leased, rented, used, occupied, and improved subject to the
following limitations, restrictions, conditions, and covenants, all of which are
declared and agreed to be in furtherance of a plan for the subdivision,
improvement and sale of the lands and are established and agreed upon for the
purpose of enhancing and protecting the value, desirability, and attractiveness
of the lands and every part thereof. All of the limitations, restrictions,
conditions and covenants shall run with the land and shall be binding on all
parties having or acquiring any right, title or interest in the described lands
or any part thereof. 1.All owners of land or lots subject to these restrictions shall
automatically become, and shall be required to become, members of El Rancho Loma
Serena Homeowner’s Association, a
non-profit California corporation formed by declarant, to own, operate and
maintain the common areas and recreational facilities and to maintain the
private roads in the sub-division for the benefit of the lot owners. 2.Each owner of land or lots within El Rancho Loma Serena shall:
(a)Pay to El Rancho Loma Serena Homeowner’s Association, a reasonable charge for the use of the common areas and recreational facilities and
for their maintenance and for the maintenance of the private roads in the
subdivision.
(b)El Rancho Loma Serena Homeowner’s Association shall have the power to
determine, levy and assess annually the charges and assessments, to fix the
rates of such charges and assessments and to expend all monies received on
account thereof for the purposes
herein, and, subject to the provisions of Paragraph 24 of these declarations, the charge and assessment so fixed shall not exceed
the sum of $16.67 per month per lot. (Amended and recorded
2004)
(c)Declarant hereby fixes the sum of $200.00 per year for each lot as a reasonable charge and assessment at this time for the
purposes herein described. (Amended and recorded 2004)
(d)The charge and assessment fixed by declarant or its said assign shall
constitute a personal obligation of the owner of each lot or parcel of land on the first day of
July of each year commencing July 1, 1969, which obligation may be paid in
monthly installments of one-twelfth (1/12) of the annual rate and shall be due
and payable on the first day of each and every month commencing the first day of
July. If said monthly installment is not received by declarant on or before the
tenth (10th) day of each and every month said payment shall bear a
service charge of five ($5.00) dollars. If the annual dues are paid in full on
or before the thirtieth (30th) day, after said due date of July 1st,
then a ten (10%) percent discount of said annual dues shall be given. If the
annual dues are not paid in full on or before the sixtieth (60th) day
then it will be deemed that the owner has elected to pay said annual dues in
monthly installments and the five ($5.00) dollar service charge will be assessed
against all delinquent payments. If the owner fails to pay said annual dues and
legal action becomes necessary all costs plus a collection fee of fifty ($50.00)
dollars shall be added to the amount of unpaid dues. The amount of any such
assessment shall bear interest at the legal rate and shall be and become a lien
upon the lot assessed when declarant, or its said assign, causes to be recorded
with the County Recorder a notice of assessment, which shall state the amount of
such assessment and such other charges thereon as may be authorized herein, a
description of the lot against which the same has been assessed and the name of
the record owner thereof. Such notice shall be signed by an authorized
representative of declarant or its said assign. Upon payment of said assessment
and charges in connection with which such notice has been so recorded, or other
satisfaction thereof, declarant, or its said assign, shall cause to be recorded
a further notice stating the satisfaction and the release of the lien thereof.
Such lien shall be prior to all other liens recorded subsequent to the
recordation of said notice of assessment. Unless sooner satisfied and released
or the enforcement thereof initiated as hereafter provided such lien shall
expire and be of no further force or effect one (1) year from the date of
recordation of said notice of assessment; provided, however, that said one (1)
year period may be extended one (1) additional year by recording a written
extension thereof. Such lien may be enforced by sale of declarant, or it said
assign, its attorney or other person authorized to make the sale, after failure
of the owner to pay such assessment in accordance with its terms, such sale to
be conducted in accordance with the provisions of Sections 2924, 2924 b and 2924
c of the Civil Code, applicable to
the exercise of powers of sale in mortgages and deeds of trust, or in any other
manner permitted by law. Declarant, or its said assign, shall have the power to
bid in the lot at foreclosure sale and to hold, lease, mortgage, and convey the
same. (Amended and recorded 1972, 1977.)
(e)The term “lot” or “parcel” as used herein means an individual lot
sold or transferred by declarant, pursuant to declarant’s aforesaid intention
and purpose to subdivide its land and said charge or assessment shall be
effective against each such lot or parcel, whether or not a building has been
erected thereon.
(f)No part of the subdivision or tract of land shown on the recorded map set
aside and used for streets or common or recreational areas now or hereafter
opened, laid out or established upon space maintained for the general use of the
owners of the property in the subdivision shall be subject to said charge.
(g)The charge for lots and parcels sold by declarant after July 1 in a given
fiscal year shall be pro-rated from July 1 of this year.
(h)The funds so collected by declarant, or by its said assign, pursuant to
the foregoing provision, shall be expended for the following uses or purposes:
(1)Primarily for the maintenance and improvement of private roads, open and recreational areas, gateways and fences and any
buildings or structures on land set aside or held for the common use of the
owners.
(2)The costs or expense necessary or incident to carrying out these uses or
purposes, including, but not limited to, the following: Fixed charges: taxes on the common areas, other
taxes, insurance and other fixed charges. Operating expenses: wages or salaries, workmen’s
compensation insurance, utilities, fuel, refuse disposal, custodial, landscaping
service, legal, accounting and management services, building and equipment
maintenance, and other operating expenses. Reserve: a reasonable reserve for replacement of building components and
equipment.
(i)When the primary purpose for the utilization of the funds has been
carried out or is adequately provided for, any excess may be used or expended on
vacant or unimproved lots or parcels in order to keep the same neat, in good
order and safe for the community.
(j)The charges or assessments herein above set forth may be reduced or
terminated in the absolute discretion of declarant, or its assign, and may
thereafter be reinstated. 3.Each lot or property owner shall abide by all of the rules, regulations
and by-laws of El Rancho Loma Serena Homeowner’s Association and these
restrictions, and membership in said Homeowner’s
Association is appurtenant to the
land and any transfer of ownership in the land shall automatically transfer
membership. 4.No lots shall be used except for residential purposes. No building shall
be erected, altered, placed, or permitted to remain on any lot other than one
detached single family dwelling not to exceed two and one-half stories in height
and a private garage and appropriate out-buildings. No mobile homes shall be
placed on any lot. Trailers or campers may not be stored on undeveloped lots.
During construction of a single family residence, a barn, garage, or storage
building may be used as a temporary dwelling for up to one year when approved by
the Architectural Committee and authorized by the Board of Directors. A written
contract agreeing to the conditional use will be signed by the homeowner member
and the president of El Rancho Loma Serena Homeowners Association. (As amended September, 1993 and recorded January, 1994) 5.No building shall be located on any lot nearer to the front line or
nearer to the side street line than the minimum building set back lines shown on
the mentioned subdivision map. In any event, no building shall be located on any
lot nearer than twenty (20) feet from all road right-of-way lines and no
building shall be located on any lot nearer than twenty (20) feet to an interior
lot line or to an easement across the lot or parcel for the use and benefit of
other owners in the subdivision as an equestrian or pedestrian trail as show on
the mentioned subdivision map. 6.Easements for installation and maintenance of utility easements are
reserved as shown on the recorded map over ten (10) feet on each side of all
side and rear lot lines and over ten (10) feet along the subdivision boundary. 7.No building shall be erected, placed or altered on any lot in the
subdivision unless and until plans, elevations, specifications and plot plans,
showing location of said building, have been approved in writing by the El
Rancho Loma Serena Homeowner’s Association, and a county building permit shall
have been obtained as required. Said Association’s Board of Directors shall
appoint an architectural review committee which committee shall consist of three
(3) members to administer the provisions of this section. Said committee shall
consist of at least one (1) director of El Rancho Loma Serena Homeowner’s
Association and at least two (2) persons who have constructed or are currently
in the process of constructing a building at El Rancho Loma Serena. Said
committee will, by majority vote, act upon all plans, elevations, specifications
and plot plans submitted by owners within forty-five (45) days of receipt of any
plans, elevations, specifications and plot plans and will notify the submitter
of said plans in writing of the committee’s decision. Any decision of said
committee is appealable to the full Board of Directors of El Rancho
Homeowner’s Association. One copy of the plot plan and floor plan shall be
retained by the Association. (As amended and recorded 1976, 1977, 1983) 8.No structure of a temporary character shall be used on any lot as a
residence except that during the construction of a single family residence, a
house trailer may be used as a temporary dwelling for a period of time which
shall not exceed a total of one (1) year, provided, however, that said use of a
house trailer is first approved in writing by declarant or by its assign and by
the County of Calaveras. In the event of extraordinary circumstances requiring
additional time, the Board may grant an extension of up to one (1) year provided
permission has been obtained from the County of Calaveras. (As amended and
recorded 1981) 9.No permanent dwelling shall be constructed or maintained upon any lot
with less than eight hundred (800) square feet of living area within a single
story house, nor less than six hundred (600) square feet of living area on the
main floor of a two (2) or more storied single dwelling without the written
consent of declarant or its assign; nor shall any building be constructed or
maintained on any lot intended for occupancy or occupied as a dwelling, unless
there be constructed and maintained in connection therewith, a septic tank of a
type, and in a location approved by the health authorities California and/or the
County of Calaveras. If a member disregards provisions of this restriction, or
any other restriction after noncompliance has been called to the member’s
attention in writing by the Board, the Board shall take legal action to compel
compliance. In the event of such a lawsuit, reasonable legal expenses of the
prevailing party to such a suit shall be paid by the losing party. (As amended
and recorded 1973, 1980, 1981) 10.The exterior of any dwelling house, garage or outbuilding to be erected
on any lot, shall be completed within one year after the foundation for said
house, garage or building shall have been laid or constructed. (As amended and
recorded 1981) 11.a. No fence or hedge shall
be placed in such a manner as to obstruct the view of
traffic or create a safety hazard for children.
b. In the event that the Road
Committee decides that a culvert is needed to
prevent road
erosion at the access point of any lot, it shall be the responsibility of the
lot owner to put in a culvert, or to take other acceptable action to prevent
unnecessary damage from runoff. The
culvert shall be at least as large as recommended by the Road Committee.
c.Tractors with cleats which could cause road damage must not be used on
the association roads. If damage
occurs because of use of tractors or other equipment on the roads, the lot owner
involved shall be responsible for costs incurred in repair of the roads. 12. The
keeping of livestock shall be limited to a combination of any two (2) of the
following groups per acre of land: One (1) horse; one (1) cow; one (1)
donkey; one (1) pig; three (3) goats; three (3) sheep; twenty-five (25)
chickens; twenty- five (25) ducks; or twenty-five (25) geese. Domestic
animals are to be limited to three (3) dogs and three (3) cats per household
and no kennels shall be permitted. Stables or corrals are not to be located
at a distance closer than fifty (50) feet from any property line. (As
amended 1977) 13. No sign of any kind shall be displayed to the public view on any lot except one
(1) professional sign of not more than five (5) square feet advertising the
property for sale or rent; or signs used by a builder to advertise the
property during the construction period. 14. The right is reserved by El Rancho Loma Serena Homeowner’s Association to
enter upon any lot for the purpose of treating or removing trees when shown
to be affected by a disease or insect of common danger to the immediate or
adjacent areas. 15.a. No owner or occupant of any lot shall dump or dispose of any cans,
refuse, or
garbage on any part or portion of said premises, and each shall provide
for the
regular removal of any accumulation thereof at least once a week.
b. Sewage disposal systems on lots
situated above roadways and equestrian and
pedestrian trails must be kept at least twenty (20) feet back from
road cuts or
embankments.
c. Prior to the closing of any
sewage disposal system it must be approved in
writing by El Rancho Loma Serena Homeowner’s Association, or by the
appropriate County agencies. (As
amended and recorded 1980) 16. Sewage
disposal systems shall be built in accordance with the requirements of the
Health Department of the County of Calaveras. 17. No
more than fifty (50) percent of the trees now standing upon said lots shall
be cut, severed or removed, and no tree which is ten (10) inches or more in
diameter may be removed without written consent of El Rancho Loma Serena
Homeowner’s Association with the exception that trees standing in the home
building area may be removed without such written consent. 18. It
is understood and agreed that cutting and/or trimming of trees necessary for
the public utilities to properly maintain their service shall be allowed in
order that satisfactory service may be maintained in the area. 19. a.
No noxious or offensive activity shall be carried on upon any lot, nor shall
anything be
done thereon which may be an annoyance or nuisance to the
neighborhood.
b. No lot shall be used for visible
storage of vehicles which are both inoperable
and
unlicensed.
c. No lot shall be used for storage
of junk, or of materials which in the opinion of
the Board
detract substantially from the atmosphere of the subdivision.
This paragraph shall not prevent
storage of building materials
during the construction of a house. 20. No
owner or occupant of any lot shall directly or indirectly do or permit to be
done on or in any portion of said
property, or any of said lots, or in any building
erected thereon, any act which is
in violation of any law of the United States
Government, the State of
California, or any ordinance of the County of Calaveras. 21. No
motor vehicle, trailer, boat or obstruction shall be parked or placed on any
private roadway or easement
reserved herein and the same shall be kept and
maintained within the confines of
the lot or parcel or at such parking area as may be designated in the recreation
area by declarant or its assign. 22. All
of the covenants and restrictions set forth in this declaration of
restrictions are
imposed upon said property, and
each of said lots, for the direct benefit thereof, as a part of the general plan
of development and improvement thereof hereby adopted by declarant, and said
covenants and restrictions shall run with the land and continue to be in full
force and effect, and shall be binding upon declarant and all persons claiming
under declarant until July 1, 1989, after which time the covenants and
restrictions shall be automatically extended for successive periods of five (5)
years unless an instrument signed by a majority of the then owners of the lots
has been recorded, agreeing to change the covenants in whole or in part. 23. The
provisions herein maintained shall run with the land and bind the land
included in the subdivision and
shall inure to the benefit of, and be enforceable by declarant, or its assign,
or by any member in good standing of El Rancho Loma Serena Homeowner’s
Association, and failure of any one to enforce any restriction, covenant, or
agreement herein contained shall in no event be deemed a waiver of the right to
do so thereafter, nor shall the failure to enforce any restriction, covenant, or
agreement herein contained give rise to any cause of action by any person
whomsoever, against declarant, and declarant shall in no way be liable to any
person whomsoever, nor their heirs, successors or assigns, for any such failure. 24. These
restrictions may be amended by the membership of the association in the
same manner as the bylaws may be
amended. (As amended and recorded 1980) 25. Invalidation
of any one of these covenants by judgment or by court order shall in
nowise affect any of the other
provisions, which shall remain in full force and effect. 26. A
breach of any of the foregoing restrictions or conditions shall not defeat
or
render invalid the lien of any
mortgage or deed of trust, made in good faith and for value, as to the said
premises, or any part thereof, but said restrictions and conditions shall be
binding upon and effective against any owner of said premises, or any part
thereof, whose title thereto is acquired by foreclosure, trustee’s sale, or
otherwise, as to any breach occurring after such acquirement of title.
