Activities Within the Association Property

Because the recreational amenities and all other portions of the Association Property within the Community are to be enjoyed by all Residents, the following general rules of good conduct must be observed at all times.

Association Property

Each Resident benefits from the equipment and furnishings within the Association Property. Therefore, Residents may not borrow or remove any equipment or property belonging to the Association.

Antennas

The Board may prohibit the installation of an Authorized Antenna in a particular location if, in the Board's opinion, the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of the Owners or any other Person, or for any other safety-related reason established by the Board. The Board may also prohibit an Owner from installing an Authorized Antenna on any real property which the Owner does not own or is not entitled to exclusively use or control under the Governing Documents, including any exterior wall of the Building, balcony railings, and the roof of the Building. Antenna installations require an architectural request.

Commercial Filming

The Association may allow filming for commercial or other purposes in any portion of the Building, except within a Residential Unit, unless the Homeowner of the Unit to be filmed consents, in which case, filming in such Unit is allowed subject to Board approval. No Resident shall interfere with, disrupt or prevent any commercial or other filming within the Association Property that has been permitted by the Association.

Damage Caused by Residents

Please take due care when using the Association Property. As provided in the Declaration, Homeowners may be responsible for and bear all costs of repairs and/or replacement for any damage to the Building, recreational facilities, equipment, or any other Association Property, if it is determined that the damage was caused by the Homeowner or its Lessees, guests, employees or contractors.

Emergencies

Should an emergency situation occur, the building personnel and all other emergency personnel shall have authorization to enter your Unit. Depending upon the nature of the emergency, it may be necessary to use forcible entry. No Resident may tamper with, modify, install for the benefit of the Resident or disconnect any emergency system. If the front door hardware of a Unit requires replacement, the Resident must first notify the General Manager to confirm the new replacement lock is compatible with the Building's key system.

Exterior Lighting

Any exterior electrical, gas or other artificial lighting maintained within any Exclusive Use Entry, Patio or Deck Area shall be positioned, screened or otherwise directed or situated and of such control focus and intensity so as to not unreasonably disturb any Residents of any other Units.

No Obstruction

For everyone’s benefit, obstruction of the corridors, lobbies, or entranceways throughout the Building is not permitted (this includes, shoes, bicycles, shopping carts, sports equipment, etc). The Association will not be responsible for any damage to, or loss of, any personal property left in any Association Property.

Noise

Please use common sense and courtesy with regard to noise levels which intrude into other units or common areas conduct while within the Association Property. This includes, but is not limited to, voice, unnecessary noises, boisterous conduct, televisions, stereos, cell phones and/or other sound emitting devices and pets. Keep the volume of all such devices and electronics at a reasonable level, taking into account building quiet hours, so other Residents are not disturbed.

Disputes Involving Noise

Because nuisance noise is largely subjective, the Association cannot involve itself in every dispute which may arise between two Residents. As a matter of practicality and as a benefit to its membership as a whole, the Board has adopted the standards set forth below for determining when the Association will become involved in such disputes.

Multiple Residential Units

If the noise is such that it disturbs more than one Residential Unit, the Association will take appropriate action to abate the nuisance if the affected Residents request in writing that action be taken by the Board.

Single Residential Unit

If the noise is such that it only disturbs a single Residential Unit, then the disturbance is not sufficient to cause intervention by the Association and the two parties will be encouraged to resolve their dispute by Alternative Dispute Resolution.

Outside Drying or Laundering

Exterior clotheslines shall not be erected or maintained or hung on balconies, terraces or railings within AXIS. Exterior drying or laundering of clothes, towels or any other items on any Exclusive Use Easement Area or Association Property is also not permitted.

Removal/Resetting Time Clock for Fines

The fine structure used at AXIS is dependent on the number or repeat violations for the same or similar offences committed by a resident/owner. Management will keep a record of violations committed by residents/owners of each unit. Violations will be removed from the unit’s record on transfer of the unit to a new owner or after one year from the date of the violation.

Responsibility for Minors

Residents are responsible for the actions of any and all children under their charge while present in the Association Property, including any children visiting as a guest.

Signs

Homeowners displaying signs within the Community are subject to the restrictions set forth in the Declaration, the Architectural Guidelines, Civil Code Sections 712, 713, 4705, 4710, and the City of San Jose requirements.

Skateboards

Riding skateboards, scooters, bicycles (except that bicycles may be ridden through the garage to be stored in HOA approved bike racks or Bicycle Storage Room) or rollerblades is not allowed in any portion of the Association Property, including the Parking Garage.

Solicitation

Residents shall not distribute or cause to be distributed any advertising, pamphlet, free newspaper or any other printed matter, excluding Association campaign materials on or in any portion of the Property or resident cars unless approved in advance by the General Manager. This includes door-to-door solicitation, electioneering, etc.

Smoking

Smoking is prohibited in all indoor and outdoor places within AXIS, including without limitation, the Building, Common Areas, Condominiums, Parking Garages, Exclusive Use Common Areas and Residential Units, with the exception of any area within the Common Area designated for smoking (located adjacent to the small spa on the 3rd level amenity deck).

Fines for smoking violations

Warnings will no longer be given for smoking. The first incidence of smoking in an area other than the designated smoking area will incur a $300 fine. Additional incidents of smoking will result in a doubling of the previous fine.

Vibration

No Resident shall install or use in his or her Residential Unit any fixtures or equipment that will cause unreasonable vibrations, noise or annoyance to the Residents of the adjacent Units. Each Resident shall comply with all sound attenuation requirements of the Association Governing Documents.

Waste

To ensure the attractive appearance of the Community, all trash or waste must be deposited only in the receptacles maintained in the Association Property, including trash receptacles within the Parking Garage. Cardboard boxes larger than a shoe box should be placed in the cardboard bin on the 1st floor.