# Axis Homeowners Association

This portal serves documents provided by the Axis Homeowners Association to its members.  Updates to the documents will be posted from time to time as they are approved by management and the Board.


# Articles of Incorporation

This is a copy of the HOA's articles of incorporation, provided for the convenience of the membership.  Where discrepancies exist, the official documents on BuildingLink will prevail.

## ARTICLE I. NAME

The name of the corporation (hereinafter referred to as the “Corporation” or the "Association") is AXIS HOMEOWNERS ASSOCIATION. The corporation is an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act.

## ARTICLE II. AGENT FOR SERVICE OF PROCESS

The name of the corporation’s initial agent for service of process is: Douglas Christison. The address of the initial agent of the corporation is: 5675 Sunol Boulevard, Suite 100, Pleasanton, CA 94566-7765.

## ARTICLE III. BUSINESS ADDRESS & MANAGING AGENT

The name of the Association's managing agent is Doug Christison of Community Association Services, and the agent's address is 5675 Sunol Boulevard, Suite 100, Pleasanton, CA 94566-7765. The location of the corporation’s office, which is off-site is: 5675 Sunol Boulevard, Suite 100, Pleasanton, CA 94566-7765. The Manager is a certified Common Interest Development Manager pursuant to Section 11502 of the Business & Professions Code. The Common Interest Development is situated in the City of San Jose, County of Santa Clara, California, fronting on North Almaden Boulevard, nearest cross street Carlysle Street. The nine-digit Zip Code of the Common Interest Development is 95113-0000.

## ARTICLE IV. PURPOSES OF THE ASSOCIATION

This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law.

The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such Law.

This corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purpose of this corporation is to provide for management, administration, maintenance, preservation and architectural control of the residential Units and Common Area, and to promote the health, safety and welfare of all the residents within the property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose, all according to that certain Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium Ownership, hereinafter called the "Declaration" recorded or to be recorded with respect to said property in the Office of the Recorder of Santa Clara County, as required by § 1352 of the California Civil Code.

Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this corporation.

## ARTICLE V. DISSOLUTION

This Association is intended to qualify as a homeowners' association under the applicable provisions of the Internal Revenue Code, and of the Revenue and Taxation Code of California. No part of the net earnings of this organization shall inure to the benefit of any private individual, except as expressly provided in those sections with respect to the acquisition, construction, or provision for management, maintenance, and care of the Association property, and other than by a rebate of excess membership dues, fees, or Assessments. So long as there is any Unit, or parcel for which the Association is obligated to provide management, maintenance, preservation or control, the Association shall not transfer all or substantially all of its assets or file a certificate of dissolution without the approval of one hundred percent (100%) of the Members. In the event of the dissolution, liquidation, or winding up of the Association, upon or after termination of the project, in accordance with provisions of the Declaration, its assets remaining after payment, or provision for payment, of all debts and liabilities of the Association, shall be divided among and distributed to the Members in accordance with their respective rights therein.

## ARTICLE VI. AMENDMENTS

These Articles may be amended only by the affirmative vote of a majority of the Board, and by the affirmative vote (in person or by proxy) of Members representing a majority of the voting power of the Association and a majority of the votes of Members other than Declarant, or where the two (2) class voting structure is still in effect (as provided in the Bylaws), a majority of each class of membership. However, the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.


# Bylaws

This is a copy of the official HOA bylaws, including amendments, provided for the convenience of the membership.  Where discrepancies exist, the official documents on BuildingLink will prevail.

## ARTICLE I. NAME AND LOCATION

### 1.1. Name and Location

The name of the corporation is AXIS HOMEOWNERS ASSOCIATION, hereinafter referred to as the "Association." The principal office of the Association shall be located at the Project or at such other place as may be designated by the Board.

## ARTICLE II. DEFINITIONS

### 2.1. Incorporation

The definitions contained in the Declaration are incorporated by reference herein.

### 2.2. Declaration

"Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions Establishing a Plan For Condominium Ownership applicable to the property recorded in Santa Clara County, and subsequent amendments thereto.

## ARTICLE III. MEETING OF MEMBERS AND VOTING

### 3.1. Annual Meeting

The first meeting of the Members, whether an annual or a special meeting, shall be held within one (1) year from the date of incorporation of the Association or within forty-five (45) days after the closing of the sale of the Project interest which represents the fifty-first (51st) percentile interest authorized for sale under the first public report for the Project whichever occurs first, but in no event later than six (6) months after the close of escrow on the sale of the first Unit in the Project. The next annual meeting shall be set by the Board so as to occur no later than ninety (90) days after the close of the Association's fiscal year. Subsequent annual meetings of the Members shall be held within thirty (30) days of the same day of the same month of each year thereafter at such time as the Board directs. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following, which is not a legal holiday (excluding Saturday and Sunday).

### 3.2. Special Meetings

Special meetings of the Members shall be promptly scheduled at any time by the Board in response to the vote of a majority of the Board of Directors, or in response to a request by the President or Vice-President, or upon written request of the Members representing five percent (5%) of the total voting power of the Association. If the Association is the obligee under a bond or other arrangement to secure performance of the commitment of the Declarant to complete Common Area improvements which have not been completed prior to the close of escrow of the sale of the first Unit, and the provisions of Section 9.11 of the Declaration are applicable, a special meeting of Members may be called in accordance with the provisions of Section 9.11 of the Declaration, which provisions are incorporated by refere herein.

If the Association is the obligee under a bond or other arrangement to secure performance of the commitment of the Declarant to pay Assessments on Units owned by Declarant, and the Assessments are delinquent for thirty (30) days, and the provisions of Section 9.12 of the Declaration are applicable, a special meeting of Members may be called in accordance with the provisions of Section 9.12 of the Declaration, which provisions are incorporated by reference herein.

### 3.3. Notice and Place of Meetings

Written notice of each meeting of the Members, annual or special, shall be given by, or at the direction of, the Secretary or Manager by mailing a copy of such notice, first-class mail, postage prepaid, at least ten (10) but not more than ninety (90) days before such meeting to each First Lender requesting notice and to all Members, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. If action is proposed to be taken at any meeting for approval for any of the following proposals, the notice shall also state the general nature of the proposal: (a) removing a Director without cause; (b) filling vacancies in the Board of Directors by the Members; (c) amending the Articles of Incorporation; (d) approving a contract or transaction in which a Director has a material financial interest; or (e) dissolving the Association. Member action on such items is invalid unless the notice of meeting or written waiver of notice states the general nature of the proposal(s). Meetings shall be held within the Project or at a meeting place within the same county, as close to the Project as possible.

### 3.4. Quorum

The presence either in person or by proxy, at any meeting, of Members entitled to cast fifty-one percent (51%) of the total voting power of the Association (excluding the number of votes as to which voting rights are suspended at the time of the subject meeting) shall constitute a quorum for any action except as otherwise provided in the Declaration, or these Bylaws.  If, however, such quorum shall not be present or represented at any meeting, a majority of the Members entitled to vote thereat may, unless otherwise prohibited by law, adjourn the meeting to a date not less than five (5) days and not more than thirty (30) days from the meeting date, at which meeting the quorum requirements shall be one-third (1/3) of the total voting power (excluding the number of votes as to which voting rights are suspended at the time of the subject meeting).  The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum, provided that not less than twenty-five percent (25%) of the total voting power of the Association remains present in person and/or by proxy, and provided further that any action taken shall be approved by a majority of the Members required to constitute a quorum, and that the only matters that may be voted upon at said adjourned meeting are matters the general nature of which was noticed not less than ten (10) nor more than ninety (90) days before the date of the meeting to each Member entitled to vote at the meeting.  If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting or if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to Members in the manner prescribed for annual meetings.

Notwithstanding anything herein to the contrary, in the case of any membership meeting or written ballot called or conducted for the purpose of the annual meeting of Members for voting on the election of Directors in conjunction with the annual meeting of Members, or to approve the IRS resolution pertaining to unused assessment income, or to approve the minutes of the annual meeting of the Members, the quorum requirement for valid action shall be the number Members present in person and/or the number of ballots received from Members eligible to vote and casting a valid written ballot.

Notwithstanding anything herein to the contrary, for purposes of obtaining membership approval of Special Assessments or increases in Regular Assessments as may be required by Section 4.3 of the declaration, a “quorum” means more than fifty percent (50%) of the Members of the Association.

### 3.5. Proxies

At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary before the appointed time of each meeting.

Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Unit, or upon receipt of written notice by the Secretary of the Board of the death or judicially declared incompetence of a Member prior to the counting of the vote, or upon the expiration of eleven (11) months from the date of the proxy. Any form of proxy distributed by any person to the membership of the Association shall afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted upon. The proxy shall provide that, where the Member specifies a choice, the vote shall be cast in accordance with that choice. The proxy also shall identify the person or persons authorized to exercise the proxy and the length of time it will be valid. In addition, voting by proxy shall comply with any other applicable requirements of California Corporations Code §§ 7514 and 7613.

### 3.6. Membership and Voting

The Association shall have two (2) classes of voting membership:

**Class A:** Class A Members shall be all Owners with the exception of the Declarant (as defined in the Declaration) and shall be entitled to one (1) vote for each Unit owned. When more than one (1) person holds an interest in any Unit, all such persons shall be Members. The vote for such Unit shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Unit.

**Class B:** The Class B Member shall be the Declarant, whose voting rights shall be the same as for Class A memberships, except that the Class B Member may triple its votes for each Unit owned. The Class B membership shall cease and be converted to Class A membership upon the happening of either of the following events, whichever occurs earlier:

**(a)** when the total votes outstanding in the Class A membership equal the total votes (tripled as stated above) outstanding in the Class B membership; or

**(b)** on the second anniversary of the first conveyance of a subdivision interest in the Project.

During the time that there are two (2) outstanding classes of membership any action by the Association which must have the approval of the Members before being undertaken shall require the vote of a majority of a quorum of each class of membership, or written assent of a majority of each class of membership. Where the vote or written assent of each class of membership is required, any requirement that the vote of Declarant be excluded is not applicable, except as provided in the Declaration. After the conversion of Class B membership to Class A membership, any provision herein requiring the approval of Members other than Declarant, except as provided otherwise in the Declaration, shall mean the vote of a majority of a quorum, or written assent of a majority of the total voting power of the Association (including Declarant's vote(s)) and the vote of a majority of a quorum, or written assent of a majority of the total voting power of Members other than the Declarant.

### 3.7. Eligibility to Vote

Voting rights attributable to Units shall not vest until Assessments against those Units have been levied by the Association. Only Members in good standing shall be entitled to vote on any issue or matter presented to the Members for approval. In order to be in good standing, a Member must be current in the payment of all Assessments levied against the Member's Unit and not subject to any suspension of voting privileges as a result of any disciplinary proceeding conducted in accordance with the Declaration. A Member's good standing shall be determined as of the record date established in accordance with Section 3.8. The Association shall not be obligated to conduct a hearing in order to suspend a Member's voting privileges on the basis of the nonpayment of Assessments, although a delinquent Member shall be entitled to request such a hearing. A Member shall maintain good standing if said standing has not been suspended by the provisions of these Bylaws and the Member has maintained a current filing with the Association of the following: (i) the signature or signatures of the Owner(s) authorized to vote on behalf of the Member's Unit; and (ii) address where all notices shall be sent; or, alternatively (iii) a proxy that names the Owner's representative and lists said representative's address.

### 3.8. Record Dates

#### A. Record Dates Established by the Board

For the purpose of determining which Members are entitled to receive notice of any meeting, vote, act by written ballot without a meeting, or exercise any rights in respect to any other lawful action, the Board may fix, in advance, a "record date," and only Members of record on the date so fixed are entitled to receive notice, to vote, or to take action by written ballot or otherwise, as the case may be, notwithstanding any transfer of any membership on the books of the Association after the record date, except as otherwise provided in the Articles, by agreement, or in the California Nonprofit Mutual Benefit Corporation Law. The record dates established by the Board pursuant to this Section shall be as follows:

1. **Record Date for Notice of Meetings:** In the case of determining those Members entitled to notice of a meeting, the record date shall be no more than ninety (90) nor less than ten (10) days before the date of the meeting;
2. **Record Date for Voting:** In the case of determining those Members entitled to vote at a meeting, the record date shall be no more than sixty (60) days before the date of the meeting;
3. **Record Date for Action by Written Ballot Without Meeting:** In the case of determining Members entitled to cast written ballots, the record date shall be no more than sixty (60) days before the day on which the first written ballot is mailed or solicited; and
4. **Record Date for Other Lawful Action:** In the case of determining Members entitled to exercise any rights in respect to other lawful action, the record date shall be no more than sixty (60) days prior to the date of such other action.

#### B. Failure of Board to Fix a Record Date

If the Board, for any reason, fails to establish a record date, the following rules shall apply:

1. **Record Date for Notice of Meetings:** The record date for determining those Members entitled to receive notice of a meeting of Members shall be the business day preceding the day on which notice is given, or, if notice is waived, the business day preceding the day on which the meeting is held.
2. **Record Date for Voting:** The record date for determining those Members entitled to vote at a meeting of Members shall be the day of the meeting, or in the case of an adjourned meeting, the day of the adjourned meeting.
3. **Record Date for Action by Written Ballot Without Meeting:** The record date for determining those Members entitled to vote by written ballot on proposed Association actions without a meeting, when no prior action by the Board has been taken, shall be the day on which the first written ballot is mailed or solicited. When prior action of the Board has been taken, it shall be the day on which the Board adopts the resolution relating to that action.
4. **Record Date for Other Lawful Action:** The record date for determining those Members entitled to exercise any rights in respect to any other lawful action shall be no more than sixty (60) days prior to the date of such other action.
5. **"Record Date" Means as of Close of Business:** For purposes of this Section 3.8, a person holding a membership as of the close of business on the record date shall be deemed the Member of record.

### 3.9. Action Without Meeting

Any action that may be taken at any annual or special meeting of Members (except the election of Directors) may be taken without a meeting in accordance with the provisions of California Corporations Code §§ 7513 and 7516. Any form of written ballot distributed by any person to the membership of the Association shall afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted upon, except it shall not be mandatory that a candidate for election to the Board be named in the written ballot. The written ballot shall provide that, where the Member specifies a choice, the vote shall be cast in accordance with that choice.

### 3.10. Conduct of Meetings

Meetings of the membership of the Association shall be conducted in accordance with a recognized system of parliamentary procedure or such parliamentary procedures as the Association may adopt. Notwithstanding any other provision of law, notice of meetings of the Members shall specify those matters the Board intends to present for action by the Members, but, except as otherwise provided by law, any proper matter may be presented at the meeting for action. Members of the Association shall have access to Association records in accordance with Article 3 (commencing with Section 8330) of Chapter 13 of Part 3 of Title 1 of the California Corporations Code. Any Member shall be permitted to speak at a meeting of the Association Members; however, the Board of Directors may establish a reasonable time limit for Members to speak before a meeting of the Association Members.

### 3.11. Conduct of Elections

The Association shall adopt Rules of Elections in accordance with California Civil Code Sections 1363.03-1363.09, as provided in Section 5.3.

## ARTICLE IV. BOARD OF DIRECTORS; SELECTION; TERM OF OFFICE

### 4.1. General

The activities and affairs of this Association shall be administered and overseen by, and the powers of the Association exercised under the direction of, a Board of Directors. The Board may delegate the management activities to any management company or a managing agent, provided, however, that the activities and affairs of the Association shall be directed, overseen and managed, and the corporate powers exercised, under the ultimate direction of the Board.

### 4.2. Number

The Association shall have not less than three (3) nor more than seven (7) Directors. The number of Directors may be changed by approval of the Board. The Association initially shall have three (3) Directors, all of whom must be Members of the Association, or an officer, Director, employee or agent of a Member, including Declarant. The initial Directors shall be elected by the Sole Incorporator and shall hold office until the first meeting of the Members as described in Section 3.1 and until their successors are elected.

###  4.3. Term of Office

At the first meeting of the Association the Members shall elect three (3) Directors for a term of one (1) year, and at each annual meeting thereafter the Members shall elect the authorized number of Directors for a term of one (1) year. When the number of Directors is increased by approval of the Board, the Directors shall be elected thereafter for staggered terms of two (2) years, each. Unless vacated sooner, each Director shall hold office until the Director's term expires and a successor is elected.

### 4.4. Removal; Vacancies

A Director may be removed from office prior to the expiration of his or her term only by the votes of a majority of the Members. In the event of death or resignation of a Director, the vacancy shall be filled by approval of the Board at a duly held meeting, or by the sole remaining Director. The successor Director shall serve for the unexpired term of his or her predecessor. The Members may elect a Director at any time to fill any vacancy not filled by the Directors. A vacancy created by removal of a Director can be filled only by election of the Members.

### 4.5. Compensation

No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for his actual expenses, if reasonable, that are incurred in the performance of his duties.

### 4.6. Indemnification of Corporate Agents

The Association shall indemnify any present or former Director, officer, employee or other agent of the Association to the fullest extent authorized under California Corporations Code §7237, or any successor statute, including, but not limited to, indemnification for claims for personal injury and/or property damage claims arising from either passive and/or active negligence, and may advance to any such person funds to pay expenses that may be incurred in defending any action or proceeding on receipt of an undertaking by or on behalf of such person to repay such amount unless it is ultimately determined that such person was entitled to indemnification under this provision.

## ARTICLE V. NOMINATION AND ELECTION OF DIRECTORS

### 5.1. Nomination

Nomination for election to the Board of Directors shall be made by a Nominating Committee. Notice to the Members of the meeting shall include the names of all those who are nominees at the time the notice is sent. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a Member of the Board of Directors, and two (2) or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors not less than thirty (30) days prior to each annual meeting of the Members, to serve until the close of such annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. All candidates shall have reasonable opportunity to communicate their qualifications to Members and to solicit votes.

### 5.2. Election

The Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting shall not be allowed in the election of directors. Voting for Directors shall be by secret written ballot.

### 5.3. Rules and Procedures for Elections

Pursuant to Section 3.11, the Board shall adopt rules and procedures for the conduct of elections as provided in California Civil Code Section 1357.120(a)(7). The rules and procedures shall comply with all of the requirements of the Common Interest Development Open Meeting Act, California Civil Code Sections 1363.03-1363.09, as amended from time to time. Until the adoption of such rules, the election rules and procedures shall be those set forth in the Common Interest Development Open Meeting Act effective as of July 1, 2006. A copy of said election rules is attached hereto as Exhibit “A” and incorporated by reference herein.

## ARTICLE VI. MEETINGS OF DIRECTORS

### 6.1. Regular Meetings

Regular meetings of the Board of Directors shall be held at least quarterly at such place within the Project, and at such hour as may be fixed from time to time by resolution of the Board. If a larger meeting room is required than exists within the Project, the Board shall select a room as close as possible to the Project. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday, excluding Saturday and Sunday. Notice of the time and place of the meeting shall be posted at a prominent place within the Common Area or mailed to any Member who had requested notification of Board meetings, at the address requested by the Member. Notice may also be given, by mail or delivery of the notice to each Unit in the Project or by newsletter or similar means of communication and shall be communicated to Directors and Members not less than four (4) days prior to the meeting. Notice of any meeting need not be given to any Director who has signed a waiver of notice or a written consent to holding of the meeting. If the Common Area consists only of an easement or is otherwise unsuitable for posting of such notice, the Board shall communicate the notice of the time and place of such meeting by any means it deems appropriate.

### 6.2. Special Meetings

Special meetings of the Board of Directors shall be held when called by written notice signed by the President, Vice President or Secretary of the Association, or by any two (2) Directors. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be given to each Director by one (1) of the following methods: (a) by personal delivery; (b) written notice by first-class mail, postage prepaid; (c) by telephone communication, either directly to the Director or to a person at the Director's office who would reasonably be expected to communicate such notice promptly to the Director; or (d) by telegram, facsimile or electronic mail. Such notice shall be posted or communicated in a manner prescribed for notice of regular meetings and shall be sent to all Directors not less than four (4) days prior to the scheduled time of the meeting. All Members shall be given notice of the time and place of a special meeting, except for an emergency meeting, at least four days prior to the meeting. Notice of the special meeting may be given by posting the notice in a prominent place or places within the Common Area, and by mail to any Member who had requested notification of Board meetings, at the address requested by the Member. Notice may also be given, by mail or delivery of the notice to each Unit in the Project or by newsletter or similar means of communication and shall be communicated to Directors and Members not less than four (4) days prior to the meeting. Notices sent by first-class mail shall be deposited into a United States mailbox at least six (6) days before the time set for the meeting. Special meetings of the Board may be called by the President or Vice-President, the Secretary, or any two (2) Directors.

### 6.3. Emergency Meetings

An emergency meeting of the Board of Directors may be called by the President, or by any two Directors other than the President, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board, and which of necessity make it impracticable to provide the notices required by Sections 6.1 or 6.2. Notice to Members of an emergency meeting is not required.

### 6.4. Quorum

A majority of the Directors then in office (but not less than two (2)) shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, provided at least two (2) Directors are present, if any action taken is approved by a majority of the required quorum for that meeting.

### 6.5. Open Meetings

Except as provided in Section 6.6 and 6.7, all meetings of the Board shall be open to all Members, but Members other than Directors may not participate in any discussion or deliberation unless expressly so authorized by a majority of a quorum of the Board. However, the Board shall establish a reasonable time limit for all Members of the Association to speak to the Board of Directors at any meeting of the Board of Directors, and permit any Member of the Association to speak at any meeting of the Board of Directors within such time limit.

### 6.6. Executive Session

The Board may, with approval of a majority of its members present at a meeting in which a quorum for the transaction of business has been established, or, if all members of the governing body are present, by a majority vote of the members, adjourn a meeting and reconvene in executive session to discuss and vote upon litigation, matters relating to the formation of contracts with third parties, Member discipline, personnel matters, or to meet with a Member, upon the Member's request, regarding the Member's payment of assessments, as specified in California Civil Code Sections 1367 or 1367.1. The nature of any and all business to be considered in executive session shall first be announced in open session. Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. The Board shall meet in executive session, if requested by a Member who may be subject to a fine, penalty, or other form of discipline, and the Member affected shall be entitled to attend the executive session. The Board may hold an executive session emergency meeting if circumstances require, as authorized by Section 6.3.

### 6.7. Telephone/Electronic Meetings

Any meeting, regular or special, may be held by conference telephone, electronic video screen, or other communication equipment, so long as all of the following apply:

**A.** Each Director participating in the meeting can communicate with all of the other members concurrently.

**B.** Each Director is provided the means of participating in all matters before the Board, including, without limitation, the capacity to propose, or to interpose an objection to a specific action to be taken by the corporation.

**C.** The Board adopts and implements some means of verifying both of the following:

1. A person participating in the meeting is a Director or other person entitled to participate in the Board meeting;
2. All actions of, or votes by, the Board are taken or cast only by the Directors and not by persons who are not Directors.

Arrangements shall be made to enable any Member who desires to listen to the telephone/electronic meeting of the Board, to be able to do so. The minutes of the meeting shall state that those participating in the meeting were recognized to be Directors or other persons authorized to participate in the meeting. An explanation of the action taken shall be posted at a prominent place within the Common Area within three (3) days after the meeting. If the Common Area consists of an easement or is otherwise unsuitable for posting the explanation of the action taken, the Board shall communicate said explanation by any means it deems appropriate.

### 6.8. Waiver of Notice

The transactions of any meeting of the Board of Directors, however called and noticed or wherever held, shall be as valid as though taken at a meeting duly held after regular call and notice, if (a) a quorum is present, and (b) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any Director who attends the meeting without protesting before or at its commencement about the lack of adequate notice.

### 6.9. Notice of Adjourned Meeting

Notice of the time and place of holding an adjourned meeting need not be given, unless the meeting is adjourned for more than twenty-four (24) hours, in which case personal notice of the time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment, and shall be posted at a prominent place within the Common Area. If the Common Area consists only of an easement or is otherwise unsuitable for posting of such notice, the Board shall communicate the notice of the time and place of such meeting by any means it deems appropriate.

### 6.10. Action Without Meeting

Any action required or permitted to be taken by the Board of Directors may be taken without a meeting (and without notice to Members provided for in Section 6.2), if all members of the Board, individually or collectively, consent in writing to that action. Such action by written consent shall have the same force and effect as a unanimous vote of the Board of Directors. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. An explanation of the action taken shall be posted at a prominent place or places within the Common Area within three (3) days after the written consents of all Board members have been obtained. If the Common Area consists only of an easement or is otherwise unsuitable for posting the explanation of the action taken, the Board shall communicate said explanation by any means it deems appropriate.

### 6.11. Definition of Meeting

“Meeting” includes any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session.

### 6.12. Availability of Minutes

The minutes, or minutes proposed for adoption that are marked to include draft status, or a summary of minutes of any meeting of the Board, other than an executive session, shall be available to Members within thirty (30) days of the meeting. The minutes, proposed minutes or summary shall be distributed to any Member on request and on reimbursement of the Association's costs in making that distribution.

## ARTICLE VII. POWERS AND DUTIES OF THE BOARD OF DIRECTORS

### 7.1. Duties

The Board of Directors shall undertake and fulfill the following duties:

**A. Adopt Policies:** The Board shall adopt policies of the Association which shall consist of such resolutions adopted by the Board of Directors that fulfill the purposes of the Association. Said policies will serve the membership and management as the statement of the specific objectives and purposes for which the Association exists.

**B. Oversight and Review of Administration of Association Affairs.** The Board shall review and direct the officers and Managing Agent of the Association to assure that the policies of the Association are being accomplished in a reasonable and prudent manner and that the requirements for operation of the Project as set forth in the Project Documents and the laws applicable to the Project are fulfilled to the extent reasonable and appropriate.

**C. Supervision:** The Board shall supervise all officers, agents and employees of the Association to see that their duties are properly performed;

### 7.2. Powers

The Board of Directors shall have power to:

**A. Manager:** Employ a manager or managing agent ("Managing Agent") as provided in the Declaration.

**B. Adoption of Rules:** Adopt Rules in accordance with the Declaration.

**C. Assessments, Liens and Fines.** Levy and collect Assessments and impose fines as provided in Article IV of the Declaration. If the Association adopts or has adopted a policy imposing any monetary penalty, including any fee, on any Association Member for a violation of the governing documents or rules of the Association, including any monetary penalty relating to the activities of a guest or invitee of a Member, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for Member discipline contained in the governing documents. The Board shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule that was adopted and distributed to the Members pursuant to this Section.

**D. Enforcement (Notice and Hearing):** Enforce these Bylaws and/or the Declaration. When the Board is to meet to consider or impose discipline upon a Member, the Board shall notify the Member in writing, by either personal delivery or first-class mail, at least fifteen (15) days prior to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a Member may be disciplined, and a statement that the Member has a right to attend and may address the Board at the meeting. The Board shall meet in executive session if requested by the Member being disciplined.\
\
If the Board imposes discipline on a Member the Board shall provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a Member unless the Board fulfills the requirements of this Section.\
\
Under no circumstances may the Association cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of the Owner's Unit on account of the failure of the Owner to comply with the provisions of the Declaration, Articles, Bylaws or Rules, except by judgment of a court or decision of an arbitrator, or on account of a foreclosure or a sale under power of sale for failure of the Owner to pay assessments due or levied by the Association.

**E. Contracts:** Contract for goods and/or services in accordance with the Declaration, and Section 7.3A of the Bylaws.

**F. Delegation:** Delegate its authority and powers to officers or employees of the Association or to a Managing Agent employed by the Association. The Board may not delegate the authority: (i) to make expenditures for capital additions or improvements chargeable against the reserve funds; (ii) to conduct hearings concerning compliance by an Owner or his tenant, lessee, guest or invitee with the Declaration or Rules and regulations promulgated by the Board; (iii) to make a decision to levy monetary fines, impose Special Assessments against individual Units, temporarily suspend an Owner's rights as a Member of the Association or otherwise impose discipline following any such hearing; (iv) to make a decision to levy annual or Special Assessments; or (v) to make a decision to bring suit, record a claim of lien, or institute foreclosure proceedings for default in payment of Assessments. Any delegation shall be revocable by the Board at any time. The members of the Board, individually or collectively, shall not be liable for any omission or improper exercise by the Managing Agent of any such duty, power or function so delegated by written instrument executed by a majority of the Board.

**G. Appointment of Trustee:** Appoint a trustee to enforce assessment liens by power of sale as provided in the Declaration and in California Civil Code § 1367.1(d).

**H. Use of Recreational Facilities:** Limit the number of an Owner's guests who may use the recreational facilities, as provided in the Declaration.

**I. Other Powers:** In addition to any other power contained herein, the Association may exercise the powers granted to a nonprofit mutual benefit corporation as enumerated in California Corporations Code § 7140.

### 7.3. Prohibited Acts

The Board shall not take any of the following actions, except with the vote at a meeting of the Association, or by written ballot without a meeting pursuant to California Corporations Code § 7513, of a simple majority of the Members, other than the Declarant:

**A.** Entering into a contract with a third person wherein the third person will furnish goods or services for the Common Area or the Association for a term longer than one (1) year or, notwithstanding the term, where the amount to be paid to the vendor including, without limitation, amounts to be paid under contingent fee contracts, may reasonably be expected to exceed the sum of $5,000 or five percent (5%) of the budgeted gross expenses of the Association for the fiscal year in which the contract is signed, whichever is less, and the contract is other than for the maintenance, repair, replacement or reconstruction of one or more elements of the Common Area, with the following exceptions:

1. a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration (if either has jurisdiction over the Project) or by the Department of Real Estate during the period the Department of Real Estate has jurisdiction over the sale of the Project pursuant to a public report;
2. a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate;
3. prepaid casualty and/or liability insurance policies of not to exceed three years’ duration, provided that the policy permits short rate cancellation by the insured;
4. lease agreements for laundry room fixtures and equipment of not to exceed five (5) years’ duration, provided that the lessor under the agreement is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more;
5. agreements for cable television services and equipment or satellite dish, television services and equipment of not to exceed five (5) years’ duration, provided that the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more;
6. agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services of not to exceed five (5) years’ duration, provided that the supplier or suppliers are not entities in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more;
7. a contract for a term not to exceed three (3) years that is terminable by the Association after no longer than one (1) year without cause, penalty, or other obligation upon ninety (90) days written notice of termination to the other party; and
8. agreements for electronic communications services and equipment not to exceed five (5) years duration provided that the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more.

**B.** Incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year;

**C.** Selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year;

**D.** Paying compensation to members of the Board or to the officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Member or officer to be reimbursed for the actual expenses, if reasonable, that are incurred in the performance of his duties.

## ARTICLE VIII. ASSOCIATION DUTIES AND RESPONSIBILITIES

### 8.1. Association Duties

The Association shall, as provided in these Bylaws or as the Board may otherwise direct, through its Managing Agent, undertake the following duties and responsibilities:

**A. Maintenance:** Perform the maintenance described in the Declaration;

**B. Insurance:** Maintain insurance as required by the Declaration. The Association shall, upon issuance or renewal of insurance, but not less than annually, notify the Members as to the amount and type of insurance carried by the Association, and it shall accompany this notification with statements (required under California Civil Code § 1365(e)) to the effect that the Association is or is not insured to the levels specified by California Civil Code §1365.9, and that if the Association is not so insured that Owners may be individually liable for the entire amount of a judgment, and, if the Association is insured to the levels specified in the Section, then the Owners may be individually liable only for their proportional share of Assessments levied to pay the amount of any judgment which exceeds the limits of the association's insurance. The Association shall not levy any Assessment against the Members to pay the amount of any judgment against the Association without a vote approving such Assessment or written consent of a majority of the Members.

The Association shall prepare and distribute to its Members the summaries of the Association’s insurance policies as required by the California Civil Code § 1365(e).

**C. Discharge of Liens:** Discharge by payment, if necessary, any lien against the Common Area and assess the cost thereof to the Member or Members responsible for the existence of the lien (after notice and hearing as required by these Bylaws);

**D. Assessments:** Fix, levy, collect and enforce Assessments as set forth in Article IV of the Declaration;

**E. Expenses and Obligations:** Pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes, or governmental charges levied or imposed against the property of the Association;

**F. Enforcement:** Enforce these Bylaws and the Declaration;

**G. Records:** Cause to be kept a complete record of all its acts and affairs and to present a statement thereof to the Members at the annual meeting of the Members, regular meeting, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A Members; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names and addresses and classes of membership;

**H. Contracts:** Contract for goods and/or services in accordance with the Declaration; and,

**I. Financial Requirements:** Comply with the Financial Requirements set forth in Article XII of these Bylaws.

## ARTICLE IX. OFFICERS AND THEIR DUTIES

### 9.1. Enumeration of Officers

The officers of this Association shall be a President and Vice President, who shall at all times be members of the Board of Directors, a Secretary, and a Chief Financial Officer, and such other officers as the Board may from time to time by resolution create.

### 9.2. Election of Officers

The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members.

### 9.3. Term

Each officer of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he or she shall sooner resign, or is removed, or is found by the Board to be disqualified to serve.

### 9.4. Special Appointments

The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

### 9.5. Resignation and Removal

Any officer may be removed from office (but not from the Board, if the officer is also a Board member) by the Board with or without cause. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

### 9.6. Vacancies

A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.

### 9.7. Duties

The duties of the officers are as follows:

**A. President.** The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are communicated to the Managing Agent (if any) and carried out; shall sign all leases, mortgages, deeds and other written instruments and shall sign all promissory notes. The President shall have the general powers and duties of management usually vested in the office of the President of a California nonprofit mutual benefit corporation, and shall have such powers and duties as may be prescribed by the Board or by these Bylaws;

**B. Vice President.** The Vice President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required by the Board;

**C. Secretary.** The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with the addresses, and shall perform such other duties as required by the Board;

**D. Chief Financial Officer.** The Chief Financial Officer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all promissory notes of the Association; shall keep proper books of account; shall prepare and shall distribute budgets and financial statements to each Member as required under these Bylaws, and by applicable laws.

## ARTICLE X. COMMITTEES

### 10.1. Architectural and Nominating Committees

An Architectural Control Committee may be appointed as provided in the Declaration and a Nominating Committee, as provided in Section 5.1 of these Bylaws.

### 10.2. Other Committees

In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.

### 10.3. Limitations on Committees

No committee, regardless of Board resolution, may: (a) take any final action on matters which, under the Nonprofit Corporation Law of California, also requires Members' approval; (b) fill vacancies on the Board of Directors or in any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board of Directors; (e) appoint any other committees of the Board of Directors or the members of those committees; (f) approve any transaction to which the Association is a party and in which one (1) or more Directors have a material financial interest.

### 10.4. Purpose of Committees

The purpose of all committees shall be to assist the Board of Directors in the development of policies and to assist in the oversight and assessment of the Association policies. No committee shall be assigned, delegated or chartered in any manner which would authorize them to take final action in the name of the Association. No committee, officer of a committee or Member of the committee shall take any action that is assigned to the Office of the President or other Officers of the Association. All committees shall report to the Board and shall serve at the pleasure of the Board. Committees of the Board shall not have authority to direct contractors, agents or Officers of the Association.

## ARTICLE XI. BOOKS AND RECORDS

### 11.1. Inspection by Members

Association Records and Enhanced Association Records as defined in California Civil Code Section 1365.2 shall be made available for inspection and copying by any Member of the Association, or by his duly designated representative in accordance with the provisions of California Civil Code Section 1365.2.

### 11.2. Rules for Inspection

The Board shall establish reasonable rules for inspection and copying of Association records in accordance with California Civil Code Section 1365.2.

### 11.3. Inspection by Directors

Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents, at the expense of the Association.

### 11.4. Documents Provided by Association

Upon written request, the Association, through the Managing Agent, or if there is no Managing Agent, through the Secretary, shall, within ten (10) days of the mailing or delivery of such request, provide the Owner of a Unit with a copy of the governing documents of the Project, a copy of the most recent budget and statements of the Association distributed pursuant to Section 12.1 together with a true statement in writing from an authorized representative of the Association as to the amount of the Association's current regular and Special Assessments and fees, as well as any Assessments levied upon the Owner's interest which are unpaid on the date of the statement, including late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the Owner's Condominium. The Board may impose a fee for providing the foregoing which may not exceed the reasonable cost to prepare and reproduce the requested documents.

## ARTICLE XII. FINANCIAL AND REPORTING REQUIREMENTS

### 12.1. Budgets, Financial Statements and Reports

The Association shall cause to be prepared and distributed budgets, financial statements, and reports to each Member as required by the Davis-Stirling Common Interest Development Act and the California Corporations Code Sections applicable to Common Interest Development Associations.

### 12.2. **Reserve Studies**

At least every three years the Board shall cause a study of the reserve account requirements of the Project to be conducted, including a reasonably competent and diligent visual inspection of the accessible areas of the Major Components which the Association is obligated to repair, replace, restore or maintain, if the current replacement value of said Major Components is equal to or greater than one-half of the gross budget of the Association, excluding the Association’s reserve account for that period. The Board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account requirements as a result of that review.

The study required by this Section shall comply with the current requirements of the DavisStirling Common Interest Development Act.

### 12.3. **Reserve Account Withdrawal Restrictions**

At least two (2) signatures shall be required for the withdrawal of monies from the Association's reserve accounts, signatures shall be those of members of the Board or one (1) member of the Board and one (1) officer who is not a member of the Board.

### 12.4. **Review of Financial Records**

The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget, and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institutions where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean (a) monies that the Association's Board has identified for use to defray the future repair or replacement of, or additions to, those Major Components which the Association is obligated to maintain; and (b) funds received and not yet expended or disposed of from either a compensatory damage award or settlement to the Association from any person or entity for injuries to property, real or personal, arising from construction or design defects, which funds shall be separately itemized from the funds described in subsection (a) hereof.

### 12.5. **Future Changes in Financial Records and Reserve Account Requirements**

Article XII incorporates and/or refers to statutory requirements of the Davis-Stirling Common Interest Development Act (California Civil Code §§1350-1378 (“The Act”). The Act has been amended frequently, and is likely to be amended frequently in the future. The Board should seek professional advice to be certain of compliance with current requirements.

## ARTICLE XIII. MISCELLANEOUS

### 13.1. Amendments

Prior to close of escrow on the sale of the first Unit, Declarant may amend these Bylaws (provided any amendment constituting a material change shall require the approval of the Department of Real Estate). After sale of the first Unit, these Bylaws may be amended, only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of a quorum of the Association which majority includes a majority of the votes or written consents of Members other than Declarant. Where the two (2) class voting structure is still in effect, the vote shall be of a majority of a quorum of each class of Members. However, the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause.

### 13.2. Conflicts

In the case of any conflict between the Articles and the Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

### 13.3. Fiscal Year

Unless the Board directs otherwise, the fiscal year of the Association shall begin on the first day of January and end on the thirty-first (31st) day of December of every year, except that the first fiscal year shall begin on the date of incorporation.

### 13.4. Determination to Initiate Construction Claims Under Title 7 (Part 2, Division 2) of the California Civil Code

The Declarant shall have no control over the Association's ability to decide whether or not to initiate a construction defect claim under Title 7 (Part 2, Division 2) of the California Civil Code. During the period from the incorporation of the Association and the first election of the Board of Directors, any decision whether or not to initiate a construction defect claim under Title 7 shall be made by vote of a majority of the Members, excluding the vote of Declarant, which vote may be either at a duly held meeting of the members, or may be by written ballot. During the period between the first closing of an escrow within the Project, and the election of a Board, at least two members of which were elected solely by votes of Members other than Declarant, the Board shall take any action concerning construction defect claims under Title 7 (including, if necessary, the allocation of Association funds) as requested by a majority of the Members other than Declarant. Upon the election of a Board of Directors, which results in there being at least two (2) Directors elected solely by votes of Members other than Declarant (Non-Declarant Directors), any decisions made thereafter by the Association about whether or not to initiate a construction defect claim under Title 7 shall be made by the two (2) NonDeclarant Directors, or in the event that there are more than three (3) Non-Declarant Directors serving on the Board, by a majority of the Non-Declarant Directors; provided, further that any determination by such Non-Declarant Directors to initiate a construction defect claim under Title 7 must be ratified by a vote of a majority of the Members, excluding the vote of Declarant. The provisions of this Section 13.4 may be amended only with the vote or written consent of a majority of the Members, excluding the vote of Declarant.

## CALIFORNIA CIVIL CODE SECTIONS 1363.03-1363.09

### **1363.03**

(a) An association shall adopt rules, in accordance with the procedures prescribed by Article 4 (commencing with Section 1357.100) of Chapter 2, that do all of the following:

1. Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or Internet Web sites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. 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.
2. Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election.
3. Specify the qualifications for candidates for the board of directors and any other elected position, and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member of the association from nominating himself or herself for election to the board of directors.
4. Specify the qualifications for voting, the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents.
5. Specify a method of selecting one or three independent third parties as inspector, or inspectors, of election utilizing one of the following methods:\
   (A) Appointment of the inspector or inspectors by the board.\
   (B) Election of the inspector or inspectors by the members of the association.\
   (C) Any other method for selecting the inspector or inspectors.
6. Allow the inspector, or inspectors, to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties.

(b) Notwithstanding any other law or provision of the governing documents, elections regarding assessments legally requiring a vote, election and removal of members of the association board of directors, amendments to the governing documents, or the grant of exclusive use of common area property pursuant to Section 1363.07 shall be held by secret ballot in accordance with the procedures set forth in this section. A quorum shall be required only if so stated in the governing documents of the association or other provisions of law. If a quorum is required by the governing documents, each ballot received by the inspector of elections shall be treated as a member present at a meeting for purposes of establishing a quorum. An Association shall allow for cumulative voting using the secret ballot procedures provided in this section, if cumulative voting is provided for in the governing documents.

(c)

1. The association shall select an independent third party or parties as an inspector of election. The number of inspectors of election shall be one or three.
2. For the purposes of this section, an independent third party includes, but is not limited to, a volunteer poll worker with the county registrar of voters, a licensee of the California Board of Accountancy, or a notary public. An independent third party may be a member of the association, but may not be a member of the board of directors or a candidate for the board of directors or related to a member of the board of directors or a candidate for the board of directors. An independent third party may not be a person, business entity, or subdivision of a business entity who is currently employed or under contract to the association for any compensable services unless expressly authorized by rules of the association adopted pursuant to paragraph (5) of subdivision (a).
3. The inspector or inspectors of election shall do all of the following:\
   (A) Determine the number of memberships entitled to vote and the voting power of each.\
   (B) Determine the authenticity, validity, and effect of proxies, if any.\
   (C) Receive ballots.\
   (D) Hear and determine all challenges and questions in any way arising out of or in connection with the right to vote.\
   (E) Count and tabulate all votes.\
   (F) Determine when the polls shall close, consistent with the governing documents.\
   (G) Determine the tabulated results of the election.\
   (H) Perform any acts as may be proper to conduct the election with fairness to all members in accordance with this section, the Corporations Code, and all applicable rules of the association regarding the conduct of the election that are not in conflict with this section.
4. An inspector of election shall perform his or her duties impartially, in good faith, to the best of his or her ability, and as expeditiously as is practical. If there are three inspectors of election, the decision or act of a majority shall be effective in all respects as the decision or act of all. Any report made by the inspector or inspectors of election is prima facie evidence of the facts stated in the report.

(d)

1. For purposes of this section, the following definitions shall apply:\
   (A) "Proxy" means 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.\
   (B) "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.
2. Proxies shall not be construed or used in lieu of a ballot. An association may use proxies if permitted or required by the bylaws of the association and if those proxies meet the requirements of this article, other laws, and the association's governing documents, but the association shall not be required to prepare or distribute proxies pursuant to this section.
3. Any instruction given in a proxy issued for an election that directs the manner in which the proxyholder is to cast the vote shall be set forth on a separate page of the proxy that can be detached and given to the proxyholder to retain. The proxyholder shall cast the member's vote by secret ballot. The proxy may be revoked by the member prior to the receipt of the ballot by the inspector of elections as described in Section 7613 of the Corporations Code.

(e) Ballots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting. In order to preserve confidentiality, a voter may not be identified by name, address, or lot, parcel, or unit number on the ballot. The association shall use as a model those procedures used by California counties for ensuring confidentiality of voter absentee ballots, including all of the following:

1. The ballot itself is not signed by the voter, but is inserted into an envelope that is sealed.\
   \
   This envelope is inserted into a second envelope that is sealed. In the upper left hand corner of the second envelope, the voter shall sign his or her name, indicate his or her name, and indicate the address or separate interest identifier that entitles him or her to vote.
2. The second envelope is addressed to the inspector or inspectors of election, who will be tallying the votes. The envelope may be mailed or delivered by hand to a location specified by the inspector or inspectors of election. The member may request a receipt for delivery.

(f) All votes shall be counted and tabulated by the inspector or inspectors of election or his or her designee in public at a properly noticed open meeting of the board of directors or members. Any candidate or other member of the association may witness the counting and tabulation of the votes. 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 election, 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. Once a secret ballot is received by the inspector of elections, it shall be irrevocable.

(g) The tabulated results of the election shall be promptly reported to the board of directors of the association and shall be recorded in the minutes of the next meeting of the board of directors and shall be available for review by members of the association. Within 15 days of the election, the board shall publicize the tabulated results of the election in a communication directed to all members.

(h) The sealed ballots at all times 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 Section 7527 of the Corporations Code for challenging the election has expired, at which time custody shall be transferred to the association. If there is a recount or other challenge to the election process, the inspector or inspectors of election shall, upon written request, make the ballots available for inspection and review by an association member or his or her authorized representative. Any recount shall be conducted in a manner that preserves the confidentiality of the vote.

(i) After the transfer of the ballots to the association, the ballots shall be stored by the association in a secure place for no less than one year after the date of the election.

(j) Notwithstanding any other provision of law, the rules adopted pursuant to this section may provide for the nomination of candidates from the floor of membership meetings or nomination by any other manner. Those rules may permit write-in candidates for ballots.

(k) Except for the meeting to count the votes required in subdivision (f), an election may be conducted entirely by mail unless otherwise specified in the governing documents.

(l) The provisions of this section apply to both incorporated and unincorporated associations, notwithstanding any contrary provision of the governing documents.

(m) The procedures set forth in this section shall apply to votes cast directly by the membership, but do not apply to votes cast by delegates or other elected representatives.

(n) In the event of a conflict between this section and the provisions of the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title 1 of the Corporations Code) relating to elections, the provisions of this section shall prevail.

(o) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2006.

### 1363.04

(a) Association funds shall not be used for campaign purposes in connection with any association board election. Funds of the association shall not be used for campaign purposes in connection with any other association election except to the extent necessary to comply with duties of the association imposed by law.

(b) For the purposes of this section, "campaign purposes" includes, but is not limited to, the following:

1. Expressly advocating the election or defeat of any candidate that is on the association election ballot.
2. Including the photograph or prominently featuring the name of any candidate on a communication from the association or its board, excepting the ballot and ballot materials, within 30 days of an election. This is not a campaign purpose if the communication is one for which subdivision (a) of Section 1363.03 requires that equal access be provided to another candidate or advocate.

### 1363.05

(a) This section shall be known and may be cited as the Common Interest Development Open Meeting Act.

(b) Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 1367 or 1367.1. The board of directors of the association shall meet in executive session, if requested by a member who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session.

(c) Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership.

(d) The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the board of directors of an association, other than an executive session, shall be available to members within 30 days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any member of the association upon request and upon reimbursement of the association's costs for making that distribution.

(e) Members of the association shall be notified in writing at the time that the pro forma budget required in Section 1365 is distributed, or at the time of any general mailing to the entire membership of the association, of their right to have copies of the minutes of meetings of the board of directors, and how and where those minutes may be obtained.

(f) As used in this section, "meeting" includes any congregation of a majority of the members of the board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the board, except those matters that may be discussed in executive session.

(g) Unless the time and place of meeting is fixed by the bylaws, or unless the bylaws provide for a longer period of notice, members shall be given notice of the time and place of a meeting as defined in subdivision (f), except for an emergency meeting, at least four days prior to the meeting. Notice shall be given by posting the notice in a prominent place or places within the common area and by mail to any owner who had requested notification of board meetings by mail, at the address requested by the owner. Notice may also be given, by mail or delivery of the notice to each unit in the development or by newsletter or similar means of communication.

(h) An emergency meeting of the board may be called by the president of the association, or by any two members of the governing body other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the board, and which of necessity make it impracticable to provide notice as required by this section.

(i) The board of directors of the association shall permit any member of the association to speak at any meeting of the association or the board of directors, except for meetings of the board held in executive session. A reasonable time limit for all members of the association to speak to the board of directors or before a meeting of the association shall be established by the board of directors.

### 1363.07

(a) After an association acquires fee title to, or any easement right over, a common area, unless the association's governing documents specify a different percentage, the affirmative vote of members owning at least 67 percent of the separate interests in the common interest development shall be required before the board of directors may grant exclusive use of any portion of that common area to any member, except for any of the following:

1. A reconveyance of all or any portion of that common area to the subdivider to enable the continuation of development that is in substantial conformance with a detailed plan of phased development submitted to the Real Estate Commissioner with the application for a public report.
2. Any grant of exclusive use that is in substantial conformance with a detailed plan of phased development submitted to the Real Estate Commissioner with the application for a public report or in accordance with the governing documents approved by the Real Estate Commissioner.
3. Any grant of exclusive use that is for any of the following reasons:\
   (A) To eliminate or correct engineering errors in documents recorded with the county recorder or on file with a public agency or utility company.\
   (B) To eliminate or correct encroachments due to errors in construction of any improvements.\
   (C) To permit changes in the plan of development submitted to the Real Estate Commissioner in circumstances where the changes are the result of topography, obstruction, hardship, aesthetic considerations, or environmental conditions.\
   (D) To fulfill the requirement of a public agency.\
   (E) To transfer the burden of management and maintenance of any common area that is generally inaccessible and not of general use to the membership at large of the association.\
   (F) Any grant in connection with an expressly zoned industrial or commercial development, or any grant within a subdivision of the type defined in Section 1373[.](http://web2.westlaw.com/find/default.wl?rp=%2ffind%2fdefault.wl\&vc=0\&DB=1000298\&DocName=CACIS1373\&FindType=L\&AP=\&fn=_top\&rs=WLW6.11\&mt=California\&vr=2.0\&sv=Split)

(b) Any measure placed before the members requesting that the board of directors grant exclusive use of any portion of the common area shall specify whether the association will receive any monetary consideration for the grant and whether the association or the transferee will be responsible for providing any insurance coverage for exclusive use of the common area.

### 1363.09

(a) A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association of which he or she is a member, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. Upon a finding that the election procedures of this article, or the adoption of and adherence to rules provided by Article 4 (commencing with Section 1357.100) of Chapter 2, were not followed, a court may void any results of the election.

(b) A member who prevails in a civil action to enforce his or her rights pursuant to this article shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation.

(c) A cause of action under Section 1363.03 with respect to access to association resources by a candidate or member advocating a point of view, the receipt of a ballot by a member, or the counting, tabulation, or reporting of, or access to, ballots for inspection and review after tabulation may be brought in small claims court if the amount of the demand does not exceed the jurisdiction of that court.

{% file src="/files/-MF7Gj09QCYPmoP3NxvD" %}
Signed copy of First Amendment to Bylaws
{% endfile %}

{% file src="/files/-MF7Gj0Abb0JrMyA3\_bU" %}
Bylaws of Axis Homeowners Association (unamended)
{% endfile %}


# Association Rules

These rules and regulations constitute Association Rules contemplated by the Declaration.  All Residents and their guests are required to follow these Association Rules. The Board has adopted these Association Rules in accordance with [Civil Code Section 4360](http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4360.\&lawCode=CIV), the provisions of the Declaration and the [Bylaws](/governing-documents/bylaws).  

As a point of clarification, all references below to Association Property include, without limitation, elevators, lobbies, community room, exercise studio, parking garage, courtyard areas, pool, spas and barbecue facilities.


# Introduction

## Welcome to Axis

Axis is a high-rise condominium community with a variety of amenities for the residents of the Community. Inside this Rules and Policies Handbook you will find rules, regulations and policies that are intended to help foster a harmonious and enjoyable environment for all residents of Axis.  The rules, regulations and policies established in this Rules and Policies Handbook are subject to the Declaration of Covenants, Conditions and Restrictions of Axis ("Declaration" or "Axis Declaration") and the Association’s Articles of Incorporation and [Bylaws](/governing-documents/bylaws). These documents (together with the Association Rules and Architectural Guidelines set forth in this Rules and Policies Handbook) are referred to collectively as "the Governing Documents" to establish and govern the Association and the Community. The Board of Directors has the power to revise the rules, regulations, guidelines, policies and procedures set forth in this Rules and Poli cies Handbook. If you would like to contribute suggestions for this Rules and Policies Handbook, please submit them to the General Manager for consideration by the Board.

Please read this Rules and Policies Handbook carefully, and be sure your family, guests and lessees fully understand and follow the rules, regulations and guidelines set forth below. If you have questions, please contact the General Manager. The contact information for the General Manager is set forth at the end of this Introduction.

## Notice Regarding Discriminatory Restrictions

(California Government Code 12956.1)

In accordance with California Government Code 12956.1, the Association includes with this governing document the following information:

"If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed per pursuant to Section 12956.2 of the Government Code.  Lawful restrictions under the state and federal law on the age of occupants in senior housing for older persons shall not be construed as restriction base of familial status."

## Axis Homeowners Association

The purpose of the Axis Homeowners Association ("Association") is to operate, manage and maintain Axis for the benefit of the Homeowners. The Community is a unique living environment that calls for mutual cooperation, common sense and consideration of neighbors.  The Board governs the Association, and meets regularly to make decisions pertaining to those matters for which the Association is responsible. Homeowners will be notified of the date, time and location of all Board meetings. If you are interested in becoming involved in the Association, please contact the General Manager.

To report problems related to the Association Property, please submit a maintenance request via [BuildingLink](https://axishoa.buildinglink.com), contact the Front Desk (408) 279-8785, or contact the General Manager (408) 279-8781**.**

## Defined Terms

Please note that, throughout this Rules and Policies Handbook defined terms are used, identifiable by their initial capital letters.  Except as the context otherwise requires, these defined terms have the same meaning as set forth in the Declaration.  As used in these Association Rules, the term "Resident" refers to both a Residential Homeowner and a Lessee. Notwithstanding such use of the term Resident, each Homeowner remains responsible for any violation of the Association Governing Documents by such Homeowners Lessee.  

Demising walls can also be called as diminishing partition or party wall or simply a common wall. It is the boundary that separate tenant's space from that of the other and from the common corridor.

## Severability

If any provision of this Rules and Policies Handbook is held to be invalid, the remainder of the provisions shall remain in full force and effect.

## Conflicts

If there is a conflict between any matters set forth in this Rules and Policies Handbook and the provisions of the Association Governing Documents, the more restrictive provisions shall control. Conflicts between documents:

(a)  To the extent of any conflict between the Governing Documents and the law, the law shall prevail.

(b)  To the extent of any conflict between the Articles of Incorporation and the Declaration, the Declaration shall prevail.

(c)  To the extent of any conflict between the Bylaws and the Articles of Incorporation or Declaration, the Articles of Incorporation or Declaration shall prevail.

(d)  To the extent of any conflict between the operating Rules and the Bylaws, Articles of Incorporation, or Declaration, the Bylaws, Articles of Incorporation, or Declaration shall prevail.

## General Manager

The Manager of the Association is set forth below. References to the "General Manager" or the "Property Management Company" refers to the Manager for the Association listed below and any successive replacement of the General Manager. Members will be notified of any change to the General Manager.

| Axis General Manager                                                                                               | Axis Front Desk                                                                       |
| ------------------------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------- |
| Tony Gutierrez                                                                                                     |                                                                                       |
| <ul><li>Telephone: (408) 279-8781</li><li>Fax: (408) 279-8783</li><li>Email: <tgutierrez@actionlife.com></li></ul> | <ul><li>Telephone: (408) 279-8785</li><li><p>Fax: (408) 279-8783</p><p></p></li></ul> |

## Maintenance And Inspection Obligations

Homeowners and the Association have maintenance and inspection obligations. Homeowners should consult their Owner Maintenance Manual, applicable warranties and other manufacturers’ maintenance schedules and recommendations for specific maintenance requirements.


# 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. &#x20;

## **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. &#x20;

## **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. &#x20;

## **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. &#x20;

## **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. &#x20;

## **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. &#x20;

## **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. &#x20;

## **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.&#x20;

## **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.&#x20;

## **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. &#x20;

## **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. &#x20;

## **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. &#x20;

## **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.&#x20;

## **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. &#x20;

## **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.


# Bicycles

## **Bicycles on Association Property**

Bicycles must be carried when being transported through the AXIS, except in the garage, where they may be ridden to their designated parking/storage area.&#x20;

## **Bicycle Storage**

Limited spaces for bicycle storage will be made available to Residents on a “first come, first served” basis.  Owners must park bicycles in assigned bike spots. The Association has the right to establish additional rules and policies relating to these spaces, including, without limitation the requirement that each bicycle be registered with the General Manager and require the placement of an identifying sticker as proof such bicycle is authorized in such parking spaces.  Residents are responsible for their own locks on any bicycles stored in the bicycle storage area.  The Association and General Manager are not responsible for the security of any bicycles stored in the bicycle storage area.

## **Bicycle Storage Fee**

The cost to store each bicycle is $60 per year or $5 per month.  For Owners, payments will be set up for recurring charge of $5 and post monthly to the HOA Account.  Renters must pay $60 for the full year (may be prorated at $5 per month if needed).


# Conduct Affecting Insurance

## **Information on Insurance**

Please refer to Article 8 of the Declaration for information regarding the Association and Homeowner insurance requirements. If you have further questions, please contact your insurance agent.

## **Insurance Rates**

Residents shall not, without the approval of the Association, do or keep anything in any Unit, Exclusive Use Easement Area, or the Association Property that will increase the rate of insurance, or could result in the cancellation or suspension of insurance or which would be in violation of any Applicable Laws.

## **Liability for Insurance and Insurance Rates**

A Homeowner who is responsible for or whose Lessee is responsible for an increase in the rate of insurance on the Association Property shall be personally liable to the Association for the cost of the additional insurance premiums. &#x20;


# Elevator Use

## **Use of Elevators**

For the benefit of all residents, elevator doors may not be propped open for any reason.  Any Resident requiring an elevator for the following purposes must make prior arrangements with the General Manager:&#x20;

* Transporting large, oversized items such as furniture or large boxes;&#x20;
* Transporting construction materials; and
* Move Ins, Move-Outs. (Please see Move In/Out Procedures in Part 3, page 66)

## **Service / Freight Elevator Hours**

Reservation / use of Elevator may be conducted between 8:00 am and 8:00 pm, Monday through Sunday. &#x20;

* Reservations for Elevator can be made in 30 mins block @ a cost of $20 per hour.&#x20;
* Minimum reservation time is 30 minutes @ $10, Maximum single reservation is 6 hours at cost of $120.
* Use of elevator for unauthorized Move-In/Out may result in $500 fine.

## **Pets in Elevators**

Pets on a leash are allowed within all elevators at the Community.  &#x20;

## **Use of Elevators by Children**

Children under the age of six (6) years of age must be accompanied by an adult.

## **Fees for Use of Service / Freight Elevator**

The following fee schedule shall apply anytime the Elevator is placed in “service mode”

| Duration       | Fee  | Purpose        |
| -------------- | ---- | -------------- |
| 0 – 30 minutes | $10  | Delivery       |
| Per hour       | $20  | Varies         |
| Up to 6 hours  | $120 | Move Ins / Out |

## **Emergency Procedures**

Each elevator in the Building is programmed to return to the ground floor during an Emergency, malfunction or power failure.  In such event, each elevator will automatically cancel its current destination and immediately redirect itself back to the ground floor to allow all passengers to exit. &#x20;

### **Limitations**

**DO NOT** enter any elevator during an emergency.  In case of fire / smoke at or near an elevator waiting lobby, the elevators are programmed to bring themselves down to the ground floor and open their doors only once during an emergency and will not function normally until being reset by the appropriate Building personnel.  Additionally, the backup generators that power the elevators during an emergency may be depleted at any time and may not have enough power to bring an elevator down to the ground floor from its current location. &#x20;

### **Phones**

If an elevator fails to perform as described above, there is an emergency phone installed in every elevator, which may be accessed by pressing the phone button.  The emergency phone is wired to automatically dial directly to the elevator service provider when the button is pressed. &#x20;


# Fire Detection, Alarm and Suppression Devices

## **Fire Alarm System**

Residents and their guests are prohibited from tampering with the fire alarm system which includes:  smoke detectors, heat detectors, flow switches, and tamper switches, etc.  Disconnecting the horn in any Unit from the fire alarm system is against the law and will affect the operation of the horns in the other Units in the Community.  If you notice anything irregular about the fire alarm system in the Building, you should notify the General Manager immediately.&#x20;

## **Fire Detection, Alarm and Suppression Devices**

If any fire life safety device must be covered in connection with any improvement undertaken by a Homeowner, prior written approval must be obtained from the Association.  The Homeowner making such a request must comply with any requirements imposed by the General Manager.  Any disabling or removing of any Fire Life Safety System shall be performed by the Association or its agents, contractors or employees at the cost of the Homeowner requesting that the fire system be disabled.  Any covering plastic must be removed by 5:00 p.m. each day.  A fine may be charged for each smoke detector or fire sprinkler left covered overnight. &#x20;

## **Fire Extinguishers**

Fire extinguishers have been installed in certain portions of the Building in case of a fire.  No Resident, or their guests, may remove, borrow or tamper with any fire extinguisher except in case of a fire. &#x20;

## **Fire Sprinklers**

Each Resident must take care not to harm, damage or unnecessarily activate the fire sprinklers installed in his or her Unit.  The fire sprinklers are heat activated and permitting high heat, steam or burning in the vicinity of a fire sprinkler may cause it to activate, potentially causing extensive damage to your Unit, your personal property, the Association Property, and the residences adjacent to and below yours.  Except for periodic dusting, you should never touch or allow anything else to touch the fire sprinklers.  In particular, you are not allowed to have any item hanging from the fire sprinklers, including, without limitation plants, laundry, posters or other objects.  You should also not tie string, floss, wire or any other material on, around or across any portion of a fire sprinkler.  Nothing should be stored within eighteen inches (18”) of a sprinkler head. &#x20;

### **Accidental Set-Offs**

If a Resident accidentally sets off the fire sprinklers or suspects that the sprinkler in his or her Unit may be damaged or not functioning correctly, the Resident shall notify the Front Desk immediately.  Each Homeowner shall be responsible for any and all costs, expenses, liabilities, penalties and fines incurred by the Association or any other Resident or Homeowner if the fire sprinklers are set off as a part of the actions of a Resident or such Homeowner’s Occupants. &#x20;

## **Reimbursement Obligation for Citations or Fines by Fire Marshall**

If the Association is cited and fined by the Fire Marshall for any violation of local fire codes due to the actions of any particular Resident, the applicable Homeowner will be responsible for the full amount of the fine and will reimburse the Association within  thirty (30) days after receipt of a statement therefor from the Association.  If any fine is incurred as a result of the action of a Resident, the Association will seek reimbursement from the applicable Homeowner, and it will be the Homeowner’s responsibility to seek reimbursement from its Lessee or Permitted User accordingly.  The Homeowner is entitled to attend a hearing if they wish to contest.&#x20;

## **Smoke Detectors**

Each Homeowner must maintain the smoke detectors, alarms and horns installed in his or her Unit.  As part of this maintenance, Residents must replace all smoke detector batteries every twelve (12) months. &#x20;


# Garage and Parking Guidelines Applicable to Residential Units

## **Vehicle Parking Spaces Only**

No parking space shall be used for any purpose other than the parking of Permitted Vehicles except by written authorization of the Board of Directors.  Bicycles that are registered in accordance with the Rules may be parked or stored in in bicycle racks or tracks installed. No parking is allowed within the Building which obstructs free traffic flow, constitutes a nuisance or otherwise creates a hazard.&#x20;

## **Permitted Vehicles**

Only Permitted Vehicles shall be parked, stored or operated within AXIS. Permitted vehicles shall mean appropriately licensed passenger automobiles, sports utility vehicles, motorcycles, and trucks having carrying capacity of ¾ ton or less, vans having seating capacity of eight (8) persons or less.  Residents and their guests shall park their Permitted Vehicles only in the parking space appurtenant to or assigned to their Unit. Vehicles that are not Permitted Vehicles shall not be parked or stored in AXIS. Except for commercial vehicles or construction equipment that are providing services to a Unit or the Association (but only during the period of time in which such services are being provided and subject to the Rules), Permitted Vehicles shall not include any commercial vehicle, construction equipment, trailer, camper, mobile home, recreational vehicle, truck having a carrying capacity of greater than ¾ ton, van having seating capacity in excess of eight (8) persons or any vehicle which is too large to fit within the Homeowner’s parking space, inoperable or abandoned vehicles, boats or similar equipment. Vehicles that are otherwise Permitted Vehicles that are used for both business and personal use are not prohibited, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No excessively noisy or smoky vehicles shall be operated on AXIS.  No Resident of any Unit shall park more Permitted Vehicles within the project at any one given time than the number of parking spaces assigned to the Unit.

## **Use / Towing**

The parking garage is intended for use by residents and those they authorize. Residents shall park only in their assigned parking space. All vehicles are required to display an AXIS parking tag while parked inside the garage. If a vehicle is parked in an assigned Resident or staff space in violation of the Governing Documents, the following will apply:&#x20;

* If the vehicle does not have a parking permit or is not registered in Building Link, the vehicle will be towed immediately at the resident’s expense.
* If the vehicle does have a parking tag or is registered, the resident assigned to that tag number will be attempted to be notified and given one hour to have the vehicle moved before it is towed at the homeowners’ expense.
* Any vehicle parked in the emergency lanes, in front of the entrance gates, or impeding traffic will be towed immediately at the resident’s expense. No parking is allowed anywhere within the parking garage except in the designated spaces. No parking space shall be converted to any use, such as a storage room, that would prevent its use as a parking space for the number of vehicles the space was designed to contain. Motorcycle parking spaces are available to Residents on a first come, first served basis.
* Violations for parking in an unauthorized area will not receive a warning. First incidence will incur a $150 fine.

The vehicle’s owner or agent shall be solely responsible for any and all towing fees resulting from the failure to adhere to these policies.  These rules are subject to change by the Board of Directors at any time in order to be in compliance with the Axis HOA governing documents.&#x20;

Homeowners are liable for any and all damage/violations or costs incurred by their Lessees and/or guests up to and including all fines. No vehicles leaking any substance are allowed in the parking garage. No vehicle shall be operated recklessly in any way, which creates undue danger or nuisance to other residents or guests.

## **Car Alarms**

Should a car alarm continue to go off, the General Manager or the Association may, at the Resident’s expense, have the vehicle towed from the garage.  Vehicle alarms that do not automatically go off after an interval are not allowed.

## **Car Permit Placement/Usage**

The AXIS parking permit (square 3 x 3 orange permit) should be placed in bottom right corner of the vehicle’s windshield (from inside the car). The permit must be displayed at all times. Failure to properly display the permit may result in a fine being issued by the board. Due to the cling nature of the permits, motorcycles will not have to display the permit; however, motorcyclists must present their fob upon request of any resident or staff.

Additional parking permits may be purchased for $25. Regardless of the number of permits owned by the unit, the unit will have access to only as many parking spots as assigned to the unit per the CC\&R’s. If a resident leases a parking spot to another resident (non-residents are not allowed to lease parking in AXIS), they will also provide a parking permit with that lease.

## **Disabled Parking Space**

Certain Parking Spaces in the Parking Garage are handicapped spaces and are designated as such in the Condominium Plan. Declarant has assigned some or all of these spaces to Condominiums as Exclusive Use Common Area parking spaces. If the occupants of the Condominiums assigned a handicapped space are not appropriately licensed to use a handicapped parking space by the State of California and the occupant of another Condominium assigned a parking space is appropriately licensed and the space assigned this Condominium is not a handicapped parking space (the “Licensed Occupant”), the Association, on receipt of written request from the Licensed Occupant, shall require the Owner of a Condominium assigned a handicapped space to exchange the handicapped space with the space assigned to the Condominium occupied by the Licensed Occupant. The exchange shall remain in effect as long as the Licensed Occupant occupies the Condominium and remains licensed to use a handicapped space and shall terminate automatically on the date the Licensed Occupant ceases to occupy the Condominium or ceases to be appropriately licensed to use a handicapped parking space, whichever occurs first.  The exchange shall be temporary and shall not alert the permanent parking space(s) assigned to any Condominium and appurtenant to the Condominium.  The Owners of the Condominiums assigned the handicapped spaces covenant to cooperate with the Association and any Licensed Occupant in effecting any exchange required under this section.&#x20;

If the handicapped spaces are assigned to Condominiums where the occupants are not licensed to use a handicapped space and the spaces have not been exchanged with the space of a Licensed Occupant, the selection of the available handicapped space to be exchanged with the space of the Licensed Occupant shall be by agreement between the Owners of the Condominiums with the assigned handicapped spaces. If the Owners cannot reach agreement for any reason within ten (10) days after receipt of written request form the Licensed Occupant to effect the exchange, the selection shall be made by lottery by the President of the Association. The selection resulting from the lottery shall be final and binding. The right to exchange a non-handicapped space for a handicapped space shall be available to any Licensed Occupant on a first-come, first-served basis. The Board may adopt rules regulating the exchange of non-handicapped spaces for handicapped spaces that are not inconsistent with the provisions of this section.

## **Driving the wrong way in the parking garage**

Violations for driving the wrong way in the garage or for parking in an unauthorized area will not receive a warning. First incidence will incur a $150 fine.

## **Fire Lanes**

There is no parking in the fire lanes located within the Parking Garage (Areas in front of Elevators in B1, B2 & B3 are Fire Lanes).  Any vehicle parked within a fire lane may be towed at the Resident’s expense without prior notice in accordance with all Applicable Laws. &#x20;

## **Guest Parking**

There is no guest parking.

## **Lease, Relocate and/or Exchange of an Assigned Parking Space**

Parking Spaces assigned for the exclusive use of the Owner of a designated Residential Unit may be licensed, but not exchanged, with other Homeowners.  Only Homeowners can license, or otherwise acquire rights to the exclusive use of a Parking Space.  The conveying Owner must notify the General Manager and the Association of the name of the Owner to whom the Parking Space has been licensed by submitting a License of Parking Space form found in the Forms section of this Rules and Policies Handbook to the General Manager. Any agreement shall be a license only and shall not transfer any other interest in the space. Each license must be on a month-to-month basis, terminated on no later than thirty (30) days prior notice by the condominium owner.

## **No Vehicle Maintenance**

No working on vehicles, other than emergency work, is permitted anywhere in the Parking Spaces or any other area in the Parking Garage.  This includes, without limitation, washing, changing oil, light maintenance, etc.  All vehicles, motorcycles, mopeds and bicycles within AXIS must be operable and possess a current license and registration.  If a vehicle becomes inoperable while parked at AXIS, the Owner of such vehicle must make arrangements to remove the inoperable vehicle as soon as reasonably possible. &#x20;

## **Noise**

No excessive noise from vehicles or revving up of engines is permitted.  Vehicles which are of sufficient volume when driven to set off car alarms in the garage may not be parked in the Parking Garage.

## **Oil Leaks**

Excessive oil leaks and stains caused by a user’s vehicle will be subject to fines and/or the cost of clean-up and repairs.  Please use and monitor the condition of oil catching and absorbing materials underneath your vehicle to prevent excessive staining.  Preventative maintenance of your vehicle will help to alleviate this issue. &#x20;

## **Opening Doors**

Please take care when opening your car doors so you do not dent or chip the paint off your neighbor’s car.

## **Parking Garage**

The Parking Garage is for use by Residents.  Each Residential Owner has been assigned a Parking Space in the Parking Garage.  The Association has no obligation to find alternative parking spaces for any Occupant while the Parking Garage is being cleaned, maintained or repaired.

## **Prohibited Vehicles**

See [Permitted Vehicles](/association-handbook/rules/garage-and-parking-guidelines-applicable-to-residential-units#permitted-vehicles) section.

## **Speed and Lights**

All drivers must maintain safe and proper speeds and observe a maximum speed of **5 miles per hour** while driving in the Parking Garage.  There may be blind spots present.  It is recommended that your headlights be turned on while driving in the Parking Garage.&#x20;

**Stopping a vehicle in any driveway is prohibited.**

## **Registration**

If required by the General Manager, each Resident must register with the General Manager, the automobile(s) that he or she wishes to have designated as an Authorized Vehicle that will be parked in the Parking Garage.  To register a vehicle, the Resident must provide to the General Manager the following:&#x20;

* A signed application for registration of the vehicle in the form provided by the General Manager;
* The vehicle's California license plate number;
* A description of the vehicle, including its make, model and color;
* A signed waiver and release in form approved by the Association; and
* Such other information as the General Manager may reasonably request.

Upon receiving the information set forth above, the General Manager shall issue to such Resident a garage fob to be allowed to park in the Parking Garage.  Upon sale or lease of a Condominium or the expiration of a lease of a Condominium, the Owner that is selling or leasing his or her Condominium or the former Lessee of a Condominium must turn over the devices to the new occupant. If a Resident fails to turn over the garage fob to new occupant, the successor Resident shall be required to pay the fee for a new garage fob for use by such Resident. &#x20;

## **Reporting Violations**

Residents may contact the General Manager or Property Management company to report parking rule violations. The reporting parties must identify themselves. The Property Management company will not be authorized to take parking enforcement action based on anonymous reports. &#x20;

## **Vehicle Size**

Your vehicle must fit completely within your Parking Space and not restrict your neighbor’s ability to park in his or her Parking Space.  Oversized vehicles such as limousines and extra-large vehicles, may not fit in your Parking Space and, therefore, it may be necessary to find parking outside the Community.


# Holiday Decorations

## **Location**

Holiday decorations (or any decorations) must only be displayed from inside the Residential Unit.  No Resident may place holiday decorations or holiday lights (or any decorations) in the Association Property structures, (including Exclusive Use Entry Areas, Exclusive Use Patio, Front Doors or Balcony Areas).  Residents may not damage or puncture the Building in the process of displaying decorations.

## **Lights**

Outdoor holiday lighting is not permitted.&#x20;

## **Disposal**

Holiday decorations, including Christmas trees, may not be disposed of in the trash rooms at the Community.  All Christmas trees must be bagged when being brought through the Community.  Any Resident desiring to dispose of their Christmas tree in the Building must bring their bagged tree to the appropriate location designated by the Association.  The Association may establish time periods for the collection of discarded Christmas trees and impose requirements regarding the placement for such discarded Christmas trees. &#x20;


# Large Events or Gatherings in Residential Condominiums

All events and gatherings shall also be subject to the following:

The event or gathering must be confined to the hosting Resident’s Condominium. However, if needed, a hosting Resident may request permission from the General Manager to use portions of the Association Property; provided, however, such use will not unreasonably disturb (as determined by the Association) other Residents and shall be subject to the other restrictions set forth in this Rules and Policies Handbook.&#x20;

No guest may park in the Parking Garage. Any unauthorized vehicles parking in the Parking Garage are subject to enforcement action by the Association, including, without limitation, towing at the vehicle owner’s expense in accordance with Applicable Laws.&#x20;

Any damage to the Association Property or any other portion of the Community arising out of the event or gathering will be the responsibility of the Resident of the Residential Condominium where the event is being hosted.  The Association shall have the right to require a deposit for any large gathering or event.

All requests for abatement of noise or conduct from the General Manager, Association personnel or other Residents must be observed.  Failure to comply with such requests may result in early termination of the gathering at the discretion of the General Manager or other Association personnel, as appropriate.

Please remember the intent of these guidelines is to assure the enjoyment of all and to minimize damage to Association Property.


# Mail and Deliveries

## **Use of Mailboxes**

Mailboxes for all Units are situated in the Lobby.  Each Homeowner is responsible to provide such key to its Lessees and is responsible for any costs of replacing the key.&#x20;

The Association does not have a master or spare key to individual Unit mailboxes.

## **Procedures for Package**

### **Packages**

Size limitations for items which will be accepted at the front desk of the Association are the same as the United States Post Office which are as follows:  up to 108” combined measurements of length and girth of packages and up to **70 pounds in weight**, excluding such specifications. Residents are obligated to make special arrangements for deliveries of any large packages or furniture or appliances, excluding such specifications. Deliveries received on pallets will not be accepted. The package must be removed from the pallet(s) before being delivered to AXIS. Residents will be obligated to execute the Policy for Acceptance of Packages and Envelopes set forth in the Forms section of this Handbook as a condition to acceptance of the packages at the front desk.

### **Large Quantities**

Residents shall not use the mailroom to receive large quantities of merchandise for commercial reasons. &#x20;

### **Signatures**

Parcels or packages sent via delivery methods that require signature will be accepted so long as the Resident has authorized the General Manager or the Front Desk to sign for such parcel or package by completing the Policy for Acceptance of Packages/Envelopes.  No bailment is created as a result of the acceptance of such packages by the attendant for the Association.

### **Certified Mail**

Certified mail and mail sent “Cash on Delivery” to a Resident will not be accepted by the General Manager or other attendant.

### **Failure to Pick Up Packages**

Packages not picked up within **seven (7) days** of delivery will be sent back to sender unless the Resident to whom it is addressed has provided written authorization for packages to be held or deposited into his/her Unit. &#x20;

## **No Liability for Conditions**

The Association assumes no responsibility for the condition of any package and reserves the right to discontinue accepting deliveries for any Resident abusing this service. &#x20;


# Offensive Conduct and Nuisances

## **Audio Volumes**

The volume of radio, stereo sets, television and musical instruments shall be held at a reasonable level in units and common areas at all times so other residents are not disturbed. &#x20;

## **Hazardous Materials**

No Hazardous Materials shall be stored, placed or used anywhere within the Association Property or a Condominium in violation of Applicable Laws.  Any Resident who receives written notice from the Association indicating an item in their possession violates this restriction must take all necessary actions to remove such item within twenty-four (24) hours of receiving such notice.  In the event the item is not removed within twenty-four (24) hours, the Association or authorized Association personnel may remove or cause the item(s) to be removed and charge the applicable Resident for any costs associated with such removal.

## **No Dumping**

No person shall discharge into the Building’s sewer system, storm drain any toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, welfare or violate any law.  Failure to adhere to this restriction may subject the violating Resident to liability under state and federal law for any clean up, personal injury or damage caused to another Condominium or any portion of the Community.

## **Odorous Matters**

No odorous matters shall be emitted upon or about the Building in such quantity as to be readily detectable outside the physical boundaries of the space within which such odor was generated.  Front doors to the Residential Units shall remain closed except for when accessing a Residential Unit.&#x20;

## **Speakers**

Speakers and floor supported musical instruments (i.e. pianos and organs) must be properly isolated (as provided in the Architectural Guidelines) from direct contact to floors and walls in order to minimize vibrations.  See section 4.4 for additional details.


# Onsite Personnel

Residents shall comply with any requirements established from time to time by the Association for the Association personnel and the services which will be provided by the Association personnel.  &#x20;


# Pets / Animals

## **Compliance with City and County Laws**

All Residents must comply with City and County laws and regulations with regard to control and health of pets.  All Residents shall comply with restrictions on the number of animals and other restrictions relating to pets set forth in the Declaration.   Residents may keep no more than two (2) dogs, or two (2) cats, or one (1) dog and one (1) cat within a unit according to **Section 7.5, as amended,**  of the Declaration.  All dogs and cats shall have a current license, vaccinations, and identification tag.  Loose, unattended dogs, cats or other animals without a license or identification tag may be reported to the local Animal Control for pickup. &#x20;

## **Pet Registration**

Pet registration is required by the Association and shall be coordinated by the General Manager. &#x20;

## **Prohibited Pets**

Any pets which are restricted under any insurance policy maintained by the Association shall not be permitted within the Community.  If any pet is deemed dangerous or a nuisance by the Board, after Notice and Hearing, such pet must be removed from the Building.  It is prohibited to keep or bring onto the property any Pit Bull, Doberman Pinscher, Mastiff, Presa Canario, (dog breeds known as “fighting breeds”) or any dog being of a mix thereof, or any snakes, pigs, large lizards, spiders, rats or other vermin.&#x20;

## **Human Assistance Animals**

Human assistance animals, such as seeing eye dogs, are exempt from rules that interfere with their duties.  A certified notice of any exemption for human assistance animals claimed by a Resident should be sent in writing to the Association in a timely manner.

## **Guests’ Pets**

Guests of Residents shall not be allowed to bring animals, other than a service animal accompanying an individual with a disability, onto the Association Property at any time. &#x20;

## **Leashes**

Pets must be kept in a container or on a leash held by a person capable of controlling the animal in any portion of the Association Property, including but not limited to the elevators, lobby and garage, at all times.  In addition, no pet shall be permitted in any recreational area within the Building, including the exercise studio, community room and courtyard area or any other portion of the podium of the Building.  The lobby and elevators should only be used as a pass through with pets.  Pets are not permitted to jump on the lobby desk, eat dog biscuits (or other treats) in the lobby or loiter in the lobby.  Pets must be under the owner’s control when outside the Residential Unit.  Dogs shall not be tied to trees or any exterior building structure.&#x20;

## **Pet Structures**

Structures for the housing or confinement of any bird or other animal which are visible on the exterior of any portion of the Building shall be subject to the approval of the Association. &#x20;

## **Pet urination/defecation on the sidewalks surrounding AXIS**

Residents may be subject to a fine if their pets urinate or defecate within the common area of the AXIS property. This includes external areas of the building. Additionally, residents are encouraged to take their pets past the adjacent sidewalks for pet elimination.&#x20;

## **Unattended Pets**

Pets must not be left outside unattended in entry areas, patios or balconies.  Pets must be kept within the Unit when the Resident is away or cannot attend to them.  Barking dogs on Exclusive Use Areas, or inside a Unit, or any other excessively noisy animal that disturbs the quiet enjoyment of any other Resident will not be tolerated.  Pets shall not be allowed to defecate or urinate on balconies, terraces or patios.&#x20;

## **Waste**

No pet owner shall allow his or her pet to deposit fecal matter or urinate within any portion of the Association Property or other portions of the Building. Waste must be put in a tightly sealed plastic bag before being disposed of.  No pet waste may be placed in any trash receptacle in the Association Property.  No cat litter may be flushed or otherwise released into the Building's plumbing.  Any pet waste deposited in the trash rooms must be tightly sealed in a PLASTIC bag.  Using paper bags to dispose of any pet waste is strictly prohibited. &#x20;

## **Obedience Class**

If the Board deems it necessary, it has the right to require that Residents provide the Association with a certificate from a professional dog trainer certifying that the Resident’s dog has successfully completed obedience training classes.

## **Liability for Pets**

Each Resident who brings or keeps a pet in the Community shall be absolutely liable to other Residents and their guests for any damage to persons or property caused by any pet brought upon or kept within the Community by such person or by members of his/her family or guests.  &#x20;

## **No Bathing**

No animal shall be bathed, at any time, within any Association Property.

## **Pet inside Residential Facilities**

Pets (except service animals) are prohibited in the lounge, exercise studio and at the pool area.

## **Action by the Board**

If, after Notice and Hearing, the Association finds that a pet is dangerous or creates a nuisance, the Board may require the pet to be removed from the Building within seven (7) days.  Actions that may constitute a nuisance include, but are not limited to, abnormal or unreasonable crying, barking, scratching or unhygienic behavior. &#x20;


# Quiet Hours / Hours Of Use: Residential Facilities

## **Quiet Hours**

| Day of week       | Time              |
| ----------------- | ----------------- |
| Sunday – Thursday | 10:00pm – 07:00am |
| Friday – Saturday | 11:00pm – 10:00am |

## **Construction Hours (noise producing work)**

| Day of week       | Time                                                                 |
| ----------------- | -------------------------------------------------------------------- |
| Monday – Friday   | <p>08:00am - 06:00pm</p><p>09:00am - 05:00pm (hardwood flooring)</p> |
| Saturday – Sunday | <p>10:00am – 05:00am</p><p>(hardwood flooring work prohibited)</p>   |

Non-noise Construction is permitted outside of set hours.&#x20;

No work is allowed on the following holidays:  New Year’s Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas Day.

## **Exercise Studio Hours**

06:00am - 10:00pm

## **Loading Dock Hours**

08:00am - 08:00pm&#x20;

## **Notre Dame Gate**

08:00am - 11:00pm&#x20;

(Before or after these hours, please use Almaden Blvd Gate)

## **Pool & Spa**

Sunday-Thursday                               Sunrise - 10:00pm&#x20;

Friday-Saturday                                  Sunrise - 11:00pm

## **Trash Disposal**

09:00am - 10:00pm  &#x20;

## **Violations**

**Any violation of rules may result in a minimum fine of $150.**


# Rental Of Residential Condominiums

## **Rental**

A Homeowner shall be entitled to rent their Unit (but not a portion thereof) for a term of not less than one hundred eighty (180) days. If owner acquires title after recordation of amended section 7.8 of the Declaration, they must occupy the Condominium for a period of not less than one (1) year before acquiring the right to lease or rent the Condominium and no more than twenty-five percent (25%) of the Condominiums may be leased or rented at any time. The Homeowner shall be responsible for all actions of the Lessee and will be liable for any costs associated with the violation of any provision set forth in the Governing Documents, including any failure to maintain the Unit in accordance with the requirements of the Homeowner Maintenance Manual.&#x20;

## **Lease Agreement**

Each lease agreement must (a) be in writing; (b) be for a term no less than the term permitted by the Fifth Amendment to the Declaration; (c) provide it is subject to all the Association Governing Documents; and (d) provide that any failure to comply with any provision of the Association Governing Documents will be a default under the lease agreement.  Upon the request of the Association, the Residential Owner that is a party to a lease agreement shall deliver a copy of such lease agreement to the Association. &#x20;

## **Notification**

The names and contact numbers for each Lessee must be submitted to the Association within seven (7) calendar days of the execution of any lease agreement by delivering a copy of the executed lease agreement pursuant to the Declaration, together with an executed “Residential Condominium Rental Form” (available in the Forms Section of this Rules and Policies Handbook) certifying its lease agreement complies with the requirements of this Section and the Declaration and the other Association Governing Documents.

## **Amenities**

Privileges to use the amenities in the Building transfers to a Lessee upon the commencement date of its lease agreement.  Except to the extent necessary to enforce its rights under a lease agreement, an Homeowner shall have no right to use the Association Property during the term of a lease agreement for their Unit.

## **Responsibility of Owner**

Each Lessee must comply with all the maintenance responsibilities of an Homeowner with respect to the use of the Unit and all Exclusive Use Easement Areas.  However, the Homeowner who is leasing his or her Unit is not relieved of the maintenance obligations when his or her Unit is leased.  The Association will hold such leasing Homeowner responsible for any failure or non-compliance of its Lessee(s) to diligently perform the maintenance obligations set forth in the Warranty and Maintenance Manual and any other obligations under any of the Governing Documents.  In the event any Lessee causes damage to the Community or violates the terms of the lease agreement, the Association will pursue available remedies against the applicable Homeowner and/or the Lessee.  However, even if the Association elects to pursue remedies against the Lessee, the Association still has the right to also pursue remedies against the applicable Homeowner whose Lessee or Invitees have violated the Association Governing Documents and the Homeowner remains primarily liable for the actions of its Lessees and Invitees. &#x20;

## **Timesharing**

No Unit may be divided or conveyed on a  time increment basis of measurable chronological time periods, short term rentals or use of listing service for short term rentals is prohibited.  There shall not be any agreement, plan, program or arrangement under which the right to use, or occupy or possess the Unit rotates among various persons, either corporate partnership, individual or otherwise, on a periodically recurring basis for monetary or like-kind use privileges.

## **Assessments**

A Lessee shall have no obligation to the Association to pay assessments imposed by the Association.  Each Homeowner remains liable for the payment of such assessments.

## **Insurance**

Homeowners are responsible for ensuring that their Lessee maintain the appropriate renter's insurance in sufficient amounts to cover the cost of replacement of all such Lessees' personal property and liability at AXIS during the entire term of their respective lease agreements.  The obligation of the Lessees of Homeowners to maintain renters' insurance in no way limits or replaces the insurance obligations of Homeowners under the Association Governing Documents.  Since each insurance carrier may vary in policy, it is each Homeowner’s responsibility to obtain the appropriate type of insurance for such Homeowner’s Unit while it is leased and that the form of such insurance, including all coverage amounts, complies with such Homeowner's obligations under the applicable Governing Documents.  Depending on the insurance carrier, an Homeowner may be required to change their property insurance coverage to a commercial or other type of business policy as dictated by such Homeowner's individual insurance carrier.  Neither the Association, nor the General Manager, may advise you on such matters. &#x20;

## **Voting Rights**

No Lessee shall have any voting rights in the Association or the right to attend any meeting held by the Association.


# Resale And Real Estate Professionals

**Residential Owner Responsibility**

All Homeowners are responsible for assuring that any real estate professional(s) retained to assist an Owner with the sale or lease of his or her Condominium is fully aware of, and complies with the terms of this Rules and Policies Handbook and other Governing Documents.

## **Mandatory Information**

Any Homeowner selling/leasing his or her Condominium must first provide the following information to the General Manager or by entering instructions into Building Link before any real estate professional(s) may enter the Community in connection with the sale or offering for sale of his or her Unit:&#x20;

* Name, company, telephone number, cell phone number and email address of the real estate professional(s);
* A written statement authorizing the real estate professional(s), escrow officer(s), and any other persons assisting the Homeowner, to receive responses to disclosure requests;
* A list of real estate professionals (alphabetized by last name) who have authority from the Homeowner to show his or her Unit to prospective buyers.  Access will be in accordance with Association policies, and access will be denied to anyone not provided on such list. Written notification to the General Manager of any changes in the Homeowner’s listing agreement with its real estate professional(s) that affects access to the Condominium or the Community is also required.

## **Notice Upon Sale**

Upon sale of a Unit, the name of the purchaser and the purchaser's contact information shall be provided to the Property Management Company and the General Manager when escrow is opened for the Unit. Additionally, a copy of the recorded deed must be delivered to the Property Management Company as soon as it is available. &#x20;

## **Prohibited Activities**

### **Open Houses**

Except for "designated open houses" authorized through the policies established by the Board, no open houses are permitted in the Units. Subject to California Civil Code §§712, 713 and 1353.6, no signs shall be displayed to the public view on any Unit or on any other portion of AXIS, except non-commercial signs may be displayed within a Unit that are approved by the Board or a committee appointed by the Board, that conform to the Rules regarding signs, and that conform to the requirements of State law, and applicable local ordinances. “For Sale” or “For Rent” signs shall be allowed to be displayed within areas of AXIS that are designated in the Rules regarding such signs, and that conform to the requirements of State law, and applicable local ordinances, provided the design, dimensions and locations are reasonable.  A Homeowner or his or her agent may display one (1) such For Sale or For Rent sign within his or her Unit and one sign in the Common Area advertising directions to the Homeowner’s Unit which is for sale or rent, provided the design, dimensions and locations are reasonable and comply with the Rules regarding signs, and comply with the requirements of State law, and applicable local ordinances.  These restrictions on display of signs apply to signs that are visible from the exterior of the Unit, and are not intended to restrict signs that may be seen only from within the Unit in which the sign(s) is displayed.

### **Auctions**

No on-site auction for the sale or lease of a Unit is permitted. &#x20;

## **Signs, Flags and Banners**

Subject to California Civil Code §§ 712, 713 and 1353.6, no signs shall be displayed to the public view on any Condominium or on any other portion of the Project, except non-commercial signs may be displayed within a Condominium that are approved by the Board or a committee appointed by the Board, that conform to the Rules regarding signs, and that conform to the requirements of State law, and applicable local ordinances. "For Sale" or "For Rent" or "For Exchange" signs shall be allowed to be displayed within areas of the Project that are designated in the Rules regarding such signs, and that conform to the requirements of State law, and applicable local ordinances, provided the design, dimensions and locations are reasonable. An Owner or his or her agent may display one (1) such For Sale or For Rent or For Exchange sign within his or her Condominium and one sign in the Common Area advertising directions to the Owner's Unit which is for sale, rent, or exchange, provided the design, dimensions and locations are reasonable and comply with the requirements of State law, and applicable local ordinances. These restrictions on display of signs apply to signs that are visible from the exterior of a Unit, and are not intended to restrict signs that may be seen only from within the Unit in which the sign(s) is displayed.&#x20;

There shall be no exhibiting, flying or hanging of any flags, pennants, banners, kites, towels, etc., from any area of the Project (except the Declarant’s sales office) that would be visible from the street, Common Area, or the other Units, except in conformance with Rules adopted by the Board, and except for flags, banners and signs that are expressly permitted by statute. The Association may adopt Rules regarding the display of flags, banners and signs provided that such Rules shall be consistent with the then applicable laws.&#x20;


# Residential Condominiums

## **Residential Use**

The Condominiums are to be used for residential purposes with the exception of those listed in Amendment 1 to the CC\&R which are “Live – Work Units”.  Please refer to Article 7 of the Declaration for more information regarding the types of uses that are considered to be residential.

## **Alarms**

Any alarm installed or connected in a Unit must be monitored by a certified alarm company.  Contact information for the alarm company must be provided to the General Manager.  Each Homeowner must update the contact information with the General Manager for an alarm service provider, as appropriate.  In the event an alarm is set off and not addressed within a reasonable amount of time, the Property Management Company or other Association personnel may enter the Unit due to the alarm’s indication of an emergency and take all actions necessary to quiet the alarm.  Additionally, if any Unit will be left unattended for any extended period of time, the Homeowner must arrange for a local contact to be available to address emergencies or other alarm issues and provide such contact information to the General Manager or authorized Association personnel.

## **Aquariums**

Aquariums holding more than 30 gallons of water shall not be permitted in any Unit unless approved by the Association.  Each Homeowner acknowledges that substantial damage to other Units or Association Property may occur from a leaking or broken aquarium and that the Resident causing such damage would be responsible for all damage. &#x20;

## **Balcony, Terrace and Patio Areas**

Exclusive Use Balcony and Patio Areas are to be used as outdoor living areas containing patio furniture and other similar outdoor furnishings, equipped with protective leg caps or other devices to prevent damage to the floors. &#x20;

### **Bolting of Items**

No improvements shall be nailed, bolted, or otherwise attached to the floor, walls, or any portion of an Exclusive Use Area, unless approved via an Architectural Request.&#x20;

### **Cleaning Areas**

Residents shall use due care when cleaning their entry areas, patios, and balconies.  The surfaces of these areas shall be mopped or cleaned in such a manner as to not cause any water to go beyond the boundaries of the entry, patio, or balconies.  Any Resident performing such work is responsible for any item, article or substance which may fall off any of such areas. &#x20;

### **Drainage**

Existing drainage patterns on entry areas, balconies and patios must be maintained and all drainage systems must be kept free of debris and free flowing.  Changing the drainage pattern may cause damage to the Building and is strictly prohibited.

### **Furnishings**

Any furniture, furnishings, plants and other materials kept or stored on any Exclusive Use Area shall be of a neutral color that is harmonious with the color scheme of the exterior walls of the building and approved by the Architectural Committee in writing or unless expressly permitted herein and shall not extend beyond the height of the railings surrounding such Exclusive Use Areas. &#x20;

### **No Change of Surface**

Residents shall not change or alter the surface of any Exclusive Use Entry Area, Patio Area or Balcony Area. &#x20;

### **No Installation of Flooring Materials**

The installation of any tiles or flooring material on the balconies or patio areas is strictly forbidden as it will alter drainage patterns.  Carpet, artificial turf or other material that can trap water next to the surface of the entry areas, balcony areas, or patio is also prohibited.  Residents shall use all due care to prevent puncture of the water-proofing material on the balconies, terraces or patios. &#x20;

### **No Hanging of Items on Railings**

No hanging screens, linens, blankets, rugs, swimsuits, plants, banners, wind chimes or other objects may be hung from a patio or balcony.  No lighting by an Homeowner shall be installed on any Exclusive Use Easement Area. &#x20;

### **Potted Plants**

Potted plants must be approved by the Board and must have a tray placed underneath the pot to prevent water spillage onto the entry areas, balcony or patio.  Such trays, and any other device designed to hold water, must be raised above the surface of the patio, entry, balcony or roof deck areas in order to allow sufficient air flow beneath such tray or device. Residents shall make sure that the potted plants are placed in areas where they will not fall onto the balconies below.  Potted plants shall not be placed in a position which will block any drains or obstruct drainage patterns. &#x20;

### **Restrictions on Barbecues**

No barbecues of any type may be used or installed within any patio, or balcony. &#x20;

### **Restrictions on Propane Lanterns**

No propane or other gas lanterns or heat lamps may be used or installed within any patio, or balcony areas. Only electric lanterns or heat lamps may be used in those areas, subject to any applicable local rules or ordinances. &#x20;

## **Door Mats**

Door Mats of any type shall not be placed in front of the door.

## **Display of Religious Items on Entry Doors**

One or more religious items may be displayed on the entry door or entry door frame of the member's separate interest.

* "Religious item" means an item displayed because of sincerely held religious beliefs.

The following restriction apply to prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling:&#x20;

* Threatens the public health or safety.
* Hinders the opening or closing of any entry door.
* Violates any federal, state, or local law.
* Contains graphics, language or any display that is obscene or otherwise illegal.
* Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 x 12 square inches, provided it does not exceed the size of the door.  &#x20;

If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a member's separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the association's work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.

## **Furniture Pads**

Pianos shall have at least half-inch neoprene pads under the supports to minimize vibration transmission into the structure.  If you have hardwood floors, all other furniture shall contain rubber castors and felt pads. &#x20;

## **Speakers**

The Association may provide requirements regarding the installation of speakers.  Unless otherwise approved by the Association, speakers and mounted music devices, televisions and surround sound systems, are permitted within a Unit; provided, the sound from such equipment is contained within the interior of the Unit and the installation is in conformance with the Governing Documents.  All speakers and similar equipment must be hung in a manner to minimize sound and vibration transmission to any other Unit.  If speakers in a Unit create unreasonable disturbances to other Units, such speakers must be removed or kept at a volume that will not disturb other Residents unless otherwise approved by the Association.  To help to ensure everyone’s quiet enjoyment of their residence, wall and ceiling mounted music, television or surround sound systems, including, without limitation, wall-mounted speakers or other audiovisual devices are not permitted to be supported by or come into contact with demising walls (Common wall).  Speakers of any sort shall not be placed directly upon the floor.  All speakers must be elevated from the floor by a proper acoustic platform, such as a speaker stand. &#x20;

The following limitations shall apply to affixing or installing equipment, including but not limited to televisions, speakers and other such equipment, to the walls of a Unit:

No recessed or affixed speakers or noise/vibration-emitting device shall be affixed or attached to (mechanically fastened) to any demising wall or common wall of a Unit.  Caution is recommended for alteration of any wall in the Unit – not just demising or common walls.

## **Storage**

Residents shall not use any exclusive use areas for storage purposes, except only the storage of bicycles that are registered in accordance with the Rules may be parked or stored in bicycle racks or tracts installed in accordance with the Rules and the written authorization of the Board of Directors, and motorcycles parked with car, within parking space, in the garage.&#x20;

## **Unattended Pets**

No pets shall be left unattended on any Exclusive Use Areas.&#x20;

## **Vegetation**

No vegetation shall extend beyond the boundaries of any Exclusive Use Areas. &#x20;

## **Vibrations and Noise**

In addition to the restrictions set forth above, Residents shall not attach to the walls or ceilings of any Unit any other fixtures or equipment which will cause vibrations or noise or unreasonable annoyance or damage to the Residents in the other Units or to the Association Property. &#x20;

## **Water Damage; Extended Absence Responsibilities**

If a Condominium is left unattended for two (2) weeks or longer, the Resident of the vacant condominium is responsible for taking the necessary precautions to avoid water damage that could be caused by leaks in their absence.  Residents shall make arrangements for someone to check on the Condominium if the Condominium will be left vacant for two (2) weeks or longer.  Residents acknowledge that water may dry up in the P-trap portion of the toilets, showers and bathtubs if they are not used and cause odors which may migrate from such Resident’s Residential Unit into another Residential Unit or the Condominium Building.  Residents are responsible for any nuisances which they may cause due to such odor and are recommended to review the Homeowner Maintenance Manual for proper maintenance of their toilets.

## **Water Intrusion Policy**

All Residents must comply with the Association’s Water Intrusion and Mold Policy attached at the end of this Rules and Policies Handbook.

## **Waterbeds and Water Furniture**

Waterbeds or other water furniture shall not be permitted in any Unit.  Substantial damage to other Units or Association Property may occur as a result of a violation of this restriction and the Homeowner is responsible for all damage caused by the Resident or his or her users or invitees. &#x20;

## **Window Cleaning**

Except for windows on an Exclusive Use Patio or Balcony Area, the Association will provide window cleaning services for the exterior window surfaces that cannot be reached by Residents.  Each Resident must cooperate with the Association to provide access for such window cleaning.  The Association will provide reasonable advance notice to Residents of scheduled window cleaning dates. &#x20;


# Residential Facilities

The term “Residential Facilities” means all of the recreational, business and parking facilities for the use and enjoyment of the Residents and their Invitees, situated within the Association Property, including, without limitation, the swimming pool, spa, pool deck, outdoor barbecues, restrooms, fitness facilities and lobbies.  The Residential Facilities will be subject to any housekeeping policies created by the Association or the General Manager.


# Axis Lounge

The following rules are presented to support the enjoyment of the AXIS Lounge by all residents and their guests. All residents are expected to obey these rules. Any individuals in violation of these rules will be asked to leave the area immediately and may be subject to a fine. The Association is not responsible for accidents or injuries. Please be mindful of your personal safety along with the safety of your guests and other residents.  Resident is responsible for their guests and for their compliance with the AXIS Lounge Rules and these rules.&#x20;

## **Hours of Operation**

24/7 for non-event usage.&#x20;

## **General Capacity**

Maximum of eight (8) guests per unit must be accompanied by a Resident, unless you have an approved reservation. Any event or gathering held in the room by a resident without a reservation must not inhibit use of the facilities by other residents. Guests will be asked to vacate the room if overcrowding occurs.

## **General Use**

Room is reserved for Residents, and their invited guests when accompanied by the authorized user.  Room use is on a first come, first served basis unless a reservation is made with the concierge. All persons are required to identify themselves, their address, and to display their key (key card or FOB) if requested to do so by any resident, enforcement service, or other authority. No roughhousing, running or horseplay is allowed in the room. Please be courteous and share the room.

* All garbage and recyclables shall be disposed of properly in the proper receptacle.
* Glass containers are allowed in the room but caution must be used and the Front Desk should be notified anytime there is breakage immediately after it is cleaned up by the responsible resident.
* Residents are expected to clean all areas immediately following use.&#x20;
* Notify security or the Front Desk of any inappropriate activity.

## **Good Standing**

Only those Homeowners who are in current, good standing with the Association (i.e., not late in the payment of any Assessments, fines or other fees, and have no unresolved reported violations of the Association Documents) or such Homeowners’ Lessees may reserve the Community Room. &#x20;

## **No Liability of Association**

All persons attending an event in the Lounge do so at their own risk.  Neither the Association nor any personnel of the Association will be responsible for any injury or liability arising out of a Resident’s event.&#x20;

Noise

Please keep music, amplified sound, and all other party noise to a volume so you do not disturb other Residents within the Community.

## **Reservations**

Room availability and reservation form/information is available through the Front Desk and via the library in BuildingLink. All general use rules apply, in addition to event use rules.

## **Reservation Availability**

Room reservations are available from **9:00am to 12:00am** and for no more than six (6) hours at a time per reservation. No Resident may have more than one reservation at any given time. You must confirm your booked reservation with the Front Desk one week prior to the reservation or it will be cancelled.

For additional hours of reservation, $25/hr will be charged.&#x20;

## **Reservation Capacity**

A maximum of **35 guests** are allowed per event and their names must be listed with the concierge along with your personal contact information.

## **Reservation Deposit**

A partially refundable fee of **$250** will be required at the time the reservation is made.  Up to **$100 of the deposit is refundable,** however, if cleaning is required, the refundable portion of the deposit will be applied toward the cost, with the remainder, if necessary, billed to the Resident responsible for the reservation. The non-refundable portion of the deposit is set aside to cover the cost of wear and tear. &#x20;

## **Restrictions on Pets/Animals**

No animals, except service animals, of any type are allowed in the lounge.

**Reservation Set Up / Clean Up**

All set up and clean up should occur within the **six (6) hour block**. Trash removal is the responsibility of the party making the reservation and must be completed immediately after the meeting. Clean up also includes the restroom and any trash in and around the Lounge.&#x20;

## **Reservation Vendors / Equipment**

All outside vendors and equipment desired to be used during a reservation must be approved by the Board in advance.&#x20;


# Balconies and Patios

AXIS balconies and patios are Exclusive Use Common Areas. Alterations and landscaping may not be made to Exclusive Use Common Areas without architectural approval.&#x20;

Homeowners must request approval prior to making alterations or installing landscaping by submitting their proposed alteration plan via an Architectural Request form to the General Manager. The Homeowner should produce a clearly defined plan that shows placement and types of improvements. Photographs of proposed landscaping and dimensions are highly encouraged to expedite review.

* Requests will be handled in a timely manner (not to exceed 30 days from submittal to the General Manager).
* To allow time for review, requests should be submitted at least two weeks prior to the next board meeting.
* Those Homeowners who have already landscaped their balcony or patio, and have not received prior approval, should document with photos and submit them to the General Manager.&#x20;

The review and approval by the HOA Board for furnishings and other additions to Exclusive Use Common Areas serves several purposes:

* It ensures that additions are suitable in spaces that are prone to high winds and are lined with glass-panel railings.
* It supports the attractiveness of the building since, in many cases, patios and balconies are visible from the street and by other Residents.&#x20;
* It maintains a complementary aesthetic in order to preserve property value.
* It minimizes the potential for a Homeowner to purchase furnishings or additions that may not be permitted by the community by-laws (i.e. barbecues, fire pits, propane heaters, umbrellas, furniture with colors that are not complimentary aesthetic, etc.).&#x20;
* Landscaping improvements should leave no permanent avoidable marks on balcony or patio pavement and glass railings. Unavoidable stains from plant watering are exempted.

The review process does not seek to limit freedom of expression or personal taste, but strives to support the installation of furnishings or additions that convey the quality and visual character of the AXIS property.&#x20;

The Board seeks to approve plans that meet the following objectives:&#x20;

* Furniture designed for outdoor and year-round use, rust resistant and color-fast
* Furnishings should be complementary to the AXIS architecture
* Plants and pots are to be of an appropriate size, style, and color to coincide with the look of the building.

Storage boxes and units may not be included as part of a landscape plan if they occupy more than 10% of a patio or balcony.&#x20;

The following items are not permitted in the Exclusive Use Common Areas and will not be approved by the Board.&#x20;

* Propane appliances&#x20;
* Satellite dishes&#x20;
* BBQ’s of all types&#x20;
* Items attached to the railings&#x20;
* Decorative flags, wind chimes, signs or other such decorative items (excluding the flag of the United States of America/other Nations)
* Flooring systems that impact drainage&#x20;
* In most instances, outdoor area rugs unless they can be secured by substantial furniture or plantings to hold them in place.

The review process does not seek to limit freedom of expression or personal taste, but strives to support the installation of furnishings or additions that convey the quality and visual character of the AXIS property.&#x20;

All Exclusive Use Common Areas are subject to routine review for compliance.


# Barbecues

Barbecues have been installed in the amenity level for the use and enjoyment of all Residents and their guests. &#x20;

## **First Come First Served Basis**

The barbecues are available on a first-come, first-served basis for use by Residents and their guests. &#x20;

One grill, the dining table plus chairs, and one-half of the kitchen/bar area nearest the small spa may be reserved. Any event must not inhibit use of the facilities by other Residents. Reservations can be made for one time slot: 10am-2pm, 2pm – 6pm, or 6pm – 10pm.  Set-up and clean-up should occur during this four-hour period. You may NOT move to the other grill once reservation is over.

BBQ use is on a first come first serve basis unless a reservation is made with the concierge. See the BBQ reservation rules. Please be courteous and share the BBQ's. Residents are expected to clean BBQ's and food preparation areas immediately following use.&#x20;

## **BBQ Reservation Rules**

A maximum of 18 people, including Residents is allowed per event. The Resident’s contact information and guest names must be given to the Front Desk one week before the event or the reservation will be cancelled. Resident may only have one reservation at any given time. Resident is responsible for their guests and for their compliance with AXIS HOA Pool and BBQ rules. Any violations of rules are subject to the Association’s fine procedures.

## **Cleaning**

Please make sure the barbecues are turned off after each use and the area is clean of debris or personal items before leaving.&#x20;

## **Glass Containers**

No glass containers are permitted in the barbecue or pool areas.&#x20;

## **“No glass” in the pool area**

Warnings will no longer be given for glass in the pool area. The **first incidence** of glass in the pool area will incur a **$300 fine.** Additional incidents of glass in the pool area will result in a doubling of the previous fine.

## **Outside Vendors/Equipment**

All outside vendors and equipment desired to be used during an event must be approved by the AXIS HOA Board in advance.

## **Pets**

Pets (except service animals) are prohibited at the pool.&#x20;

Use of the Reserved BBQ requires that a form be filled out and submitted 7 days prior to planned event.  The form will have a few more details about use of BBQ and the area.


# Exercise Studio

The exercise studio is intended for use by residents and/or guests of residents.  Guests must be accompanied by a resident. Proper attire must be worn at all times. Any violations of rules are subject to the Association’s fine procedure.

## **Hours of Operation**

6:00am to 10:00pm

## **Cellular Phones and Electronic Devices**

Cellular phones, radios, cassette, CD or MP3 players must be battery operated and headsets must be worn. &#x20;

## **Children**

Children under the ages of fourteen (14) years must be accompanied by an adult at all times such children are in the exercise studio.&#x20;

## **Glass Containers**

No glass containers or food items are allowed in the exercise studio.  Water and other liquids are permitted but must be in a plastic container. &#x20;

## **Maintenance**

Please notify management to report any damaged or non-working equipment.&#x20;

## **No Storage**

Residents shall not store or place any personal equipment in the exercise studio.  Any items left in the exercise studio unattended will be removed without notice or reimbursement to the Resident. &#x20;

## **Personal Trainers**

All personal trainers coming to train a Resident in the exercise studio must obtain prior approval from the General Manager before commencing any training sessions and are subject to the following restrictions.&#x20;

* **Notice to Property Manager**.  Residents must notify the General Manager of the names of their respective personal trainers and their respective training schedules. &#x20;
* **Training Only For Residents**.  Only Residents may be trained in the exercise studio. &#x20;
* **Compliance With Governing Documents**.  A Resident is responsible to ensure that all personal trainers comply with the terms of all the Governing Documents.

A personal trainer may be denied further access to the exercise studio if the Association suspects the personal trainer of holding himself or herself out as in any way affiliated with the Community or if the personal trainer violates any terms of the Governing Documents. &#x20;

## **Pets**

Pets (except service animals) are prohibited in the exercise studio.&#x20;

## **Use of Equipment**

All equipment is to be used as intended.  Please lower the weight stacks on the equipment to their start positions to avoid striking other plates.  Please be considerate of your neighbors and limit use of a particular piece of equipment to **thirty (30) minutes** if someone is waiting.  Return all weights and other equipment to the proper storage location when finished.

## **Use of Facilities**

All persons using the exercise studio do so at their own risk.  Neither the Association nor any Association personnel is liable for injury or harm caused to any person. The Association does not employ personal trainers.  If you are the last person to exit the Exercise Studio, please turn off all TVs and lights.&#x20;

## **Wipe Down Equipment**

All equipment shall be wiped down after each use. &#x20;


# Loading Dock

The loading dock is intended for use by residents to accommodate Move Ins/Outs and deliveries. The use of the Loading Dock shall coincide with Service / Freight Elevator Hours.

## **Loading Dock Hours (Roll Up Door)**

8:00am to 8:00pm;     Monday through Sunday;&#x20;

## **Move-in/out Reservations; Hours permitted**

8:00am to 5:00pm  - 6 hours during this window.

Use of elevator for unauthorized Move-In/Out may result in $500 fine

If Service Elevator is needed for a Move In/Out that exceeds 6 hours, please contact the General Manager.

## **Delivery Reservations; 3 hour blocks**

08:00am to 11:00am     &       11:00am to 2:00pm

2:00pm to 05:00pm       &      05:00pm to 08:00pm

Deliveries without reservations will be considered on case by case basis, subject to availability of loading dock. (Fee would still apply)

## **Fees for Use of Service / Freight Elevator**

The following fee schedule shall apply anytime the Elevator is placed in “service mode”

* The Delivery window is 3 hours, actual cost will be based on actual time used.
* Elevator usage will be calculated @ a cost of $20 per hour&#x20;
* Minimum calculated time shall be 30 minutes @ $10, Maximum single reservation for move in/out is 6 hours at cost of $120.&#x20;


# On-Site Storage Rentals

## **Storage Unit Terms**

* Licenses to four large and six small rental storage units (large unit split into two) are available to HOA members. Inventory of available storage units will be maintained by HOA management.&#x20;
* Maximum of one license per HOA member regardless of number of real estate units owned subject to HOA exception approval
* Cost to rent lockers:  Large Storage Units, $100 per month.  Small Storage Units, $50 per month. A non-refundable deposit of $200 is assessed to cover storage unit maintenance and legal fees.
* Terms of the license are annual and will renew for one additional year only if licensee communicates in writing their intent to renew with the HOA one month prior to license expiration.&#x20;
* In the event the licensee does not communicate intent to renew in writing to the association one month prior to lease expiration, the storage unit license will be considered cancelled. Stored items will be removed and discarded.
* Licensees will provide their own HOA approved lock.
* Hazardous or flammable materials cannot be stored
* Storage is at licensee risk. &#x20;
* Licensee indemnifies the HOA and any residents of potential loss.
* Storage units available for license to HOA members only, HOA members can authorize access to renters.  Renters must be provided a copy of the license agreement and all pertinent forms.
* License is non-transferable
* Licensee is responsible to insure the contents of the storage unit and must provide renters/homeowners insurance policy to the association.&#x20;
* All storage units are rented AS IS.

## **Cancellation Terms**

* Owner can cancel the license by paying the lower of either three months storage fee or remaining term on the license.
* Upon sale of HOA member deeded real estate unit, the storage unit returns to HOA pool and owner forfeits any remaining term.


# Pool and Spa

## **Pool and Spa Hours**

Sunday – Thursday                            Sunrise – 10:00pm

Friday – Saturday                               Sunrise – 11:00pm&#x20;

## **Rules**

The following rules are presented to support the enjoyment of the pool by all residents and their guests. All residents are expected to obey these rules. Any individuals not obeying these rules will be asked to leave the area immediately and may be subject to a fine.&#x20;

* **Lifeguards.** There are no lifeguards on duty.  Therefore, use of the facilities is at your own risk. The Association is not responsible for accidents or injuries. Please be mindful of your personal safety along with the safety of your guests and other residents.&#x20;
* **Use.** Pool and spa use is reserved for Residents, and their invited guests (maximum 4 per unit, unless a larger party has been approved for a BBQ Reservation) when accompanied by the authorized user. &#x20;
* All persons are required to identify themselves, their address, and to display their key (key card or FOB) if requested to do so by any resident, enforcement service, or other authority.
* **Pets**.  Pets (except service animals) are prohibited on the pool deck.&#x20;
* Amplified music is not permitted in the gated pool area.
* Showers are suggested to be taken prior to entering the pool or spa. An outside shower is located adjacent to the restrooms on the east side of the building. Proper swim attire must be worn at all times when using the pool or spa.
* Roughhousing, running, or horseplay are not permitted in or around the pool or spa.
* Glass containers are absolutely forbidden allowed in and around the pool and/or spa (All common areas). “No glass” in the pool area. Warnings will no longer be given for glass in the pool area. The first incidence of glass in the pool area will incur a $300 fine. Additional incidents of glass in the pool area will result in a doubling of the previous fine.
* Events or gatherings held at the pool by a resident must not inhibit use of the facilities by other residents.
* Noise must be kept at a moderate level.
* Guests will be asked to vacate the pool if overcrowding occurs except the guests listed with the concierge for a reserved event.
* Garbage, cigarette butts, and recyclables shall be disposed of properly in the proper receptacle.
* Notify security or the concierge of any inappropriate activity.
* Proper swim attire must be worn at all times when using the pool or spa.&#x20;
* All residents are expected to obey these rules. Any individuals not obeying these rules will be asked to leave the pool area immediately.

Any violation of rules may result in a minimum fine of $150.


# Service Provider Rules

## **Service Provider Responsibility**

All service providers (“**Service Providers**”) are subject to the “Service Provider Rules” for the Community, a copy of which is included in this Rules and Policies Handbook.  All Service Providers are subject to restrictions and provisions of this Rules and Policies Handbook and all other Governing Documents in addition to the Service Provider Rules.  To ensure all Service Providers are aware of the rules and requirements of the Community, a Resident must provide its Service Provider(s) with a copy of the Service Provider Rules prior to commencing any work in the Building. &#x20;

## **Owner Responsibility**

Each Homeowner is responsible for any violations of the Governing Documents by its Service Provider or the Service Provider of any Lessee.  Additionally, each Homeowner is responsible for any activities by any Service Provider of the Homeowner or the Homeowner’s Lessees that violates Applicable Laws, such as dumping pollutants through the drainage systems of the Building. &#x20;


# Storage Spaces

## **Use of Self-Storage Space**

Homeowners of Units that have been assigned the exclusive right to use Storage Spaces located within the Building shall use the Storage Space for the storage of seldom-used household and personal items.  The Storage Spaces are not adequate for storage of excess furniture or other large items. The Association is not responsible for any loss or damage to items placed in the personal Storage Space.  Storage in these Storage Spaces is strictly at Resident’s sole risk.  Residents are advised to carry insurance for the personal property kept in the Storage Spaces.

## **Restricted Materials and Items**

Gas-powered machines, firearms, fuel tanks, explosives and/or flammable and hazardous material are prohibited inside the Storage Spaces.

## **Personal Property**

Items of personal property may not be stored in the Parking Garage unless in the personal Storage Spaces.

## **Connections to Electrical Outlets**

No devices may be plugged into electrical outlets in common area / exclusive use common area that is connected to HOA power, exception may be made with an approved Architectural Request.

## **Emergency Access**

The Association and/or the General Manager shall have the right to enter the Storage Spaces for the purpose of addressing an emergency.&#x20;

## **Climate Control**

The Storage Spaces are not climate-controlled and therefore, damage to items stored in these areas may result.  Such damage may include, but not be limited to, harm caused by excessive heat, cold, moisture and lack of ventilation. &#x20;

## **Exchange or License**

Storage Spaces and Parking Spaces may be licensed to other Homeowners in the Community.  Any license cannot create the right to use Storage Space or Parking Space by a non-resident.  You must submit proof of Homeownership and a License of Storage Space/Parking Space form to the General Manager prior to transferring your Storage Space or Parking Space to another Homeowner.  The License of a Storage Space/Parking Space form can be found in the “Forms” section of this Rules and Policies Handbook, and a copy can be obtained from the General Manager. Exchanges are prohibited.

## **Locks**

Homeowners are responsible for providing locks for their assigned Storage Spaces/Cages.&#x20;

## **No Hanging Objects**

No item or object may be hung from or placed within eighteen inches (18") of any fire sprinkler head. &#x20;

## **Modifications**

A Homeowner shall not modify the structure of the Storage Spaces, nor modify any components in the Storage Spaces.  No improvements may be installed within an Assigned Storage Space. &#x20;


# Trash Disposal

## **Trash Rooms**

Trash rooms are located on every floor of the Building.  The trash rooms contain trash and recycle chutes for disposal of trash and recycling materials. &#x20;

## **Using the Trash Chute**

The following are general rules that must be followed when using the Trash Chute:

* Trash disposal hours are 9:00am to 10:00pm daily. For the consideration of your neighbors, please avoid dumping trash or recyclables down the chute after 10:00pm and before 9:00am.&#x20;
* All refuse deposited into the trash chutes must be securely bagged, sealed and able to freely travel to the 1st floor.  Open containers such as paper sacks, boxes, unsecured plastic bags, and/or reusable garbage cans are prohibited.&#x20;
* No volatile, flammable or hazardous materials or any similar items contrary to Applicable laws may be deposited into the Trash Chute or any other trash facility.&#x20;
* No Resident shall place any trash in any stairwells.&#x20;
* Please do not leave trash in the Trash Chute Rooms for someone else to pick up.
* Do not force the Trash Chute door shut.  The door shuts automatically after opening. &#x20;
* Keep all hands and fingers clear of the Trash Chute door to avoid injury. &#x20;
* Glass items to be thrown away or recycled may be placed in the Trash Chute if double bagged in a clear plastic bag and mixed with other trash. You may also bring to the first floor. There is a glass recycle trash bin on the first floor.
* DO NOT allow any body parts to extend beyond the opening of the Trash Chute. &#x20;
* All trash must be bagged securely in a sealed PLASTIC bag before being deposited into the Trash Chute. &#x20;
* No trash bags larger than seventeen (17) gallons may be deposited into the Trash Chute.
* Absolutely NO open containers containing liquids or other substances that can coat or stick to the interior of the Trash Chute are permitted without being first placed in a properly sealed plastic bag.
* No boxes may be deposited into the trash chute unless the box is small enough to fit in a normal size trash bag.  As a rule of thumb, any box that must be broken down to fit though the Trash Chute must not be put into the Trash Chute.  Any box larger than a shoebox must be placed in the bin on the 1st floor.
* No compacted trash bags may be deposited into the Trash Chute. &#x20;

Residents may contact the General Manager’s office to arrange for oversized trash items to be picked up.  A fee may be charged, in the discretion of the Board, for the removal of such trash, depending upon the type, amount and other considerations.

Any violation of rules are subject to the Association’s fine procedures.

## **Clean Up**

In the event of damage to bags in the disposal process, Residents are responsible for cleaning up trash spilled in the Building and disposing of it in the proper receptacles.  Residents will be assessed for any cleanup services provided by the Association. &#x20;

## **Oversized Items**

Oversized items such as cardboard boxes and other oversized items should not be left outside or in the trash rooms.  It is the Residents’ sole responsibility to remove these items from the Building and dispose of them in appropriate containers/bins on the 1st floor.

## **Construction Debris**

Contractors and other service providers shall not place any construction materials in the dumpsters.

## **Recycling**

Pursuant to the requirements of the City of San Jose, the Association shall adopt a recycling program for the Community and each Resident shall comply with the recycling program.  Recycling containers are located on the Ground Floor outside the garage lobby entrance.

## **Batteries**

No batteries of any type may be disposed of in the dumpsters.  Batteries must be disposed of properly in accordance with applicable laws.

## **Removal of Move-in/Move Out Debris**

Each Resident must remove or arrange with its moving company for the proper removal of all trash, debris, crates, boxes and other materials used in connection with a move or delivery as provided in the Move-In/Move-Out Procedures.&#x20;

## **Failure to Remove Debris**

If a Resident fails to remove the debris, any and all debris left by a Resident or his or her Invitees within the Association Property may be removed by General Manager and the applicable Resident must pay for all costs associated with such removal.  Such costs may be deducted from any deposit paid by the Resident. &#x20;


# Architectural Guidelines

## Introduction to the Architectural Guidelines

These Architectural Guidelines are designed with the goal of maintaining the aesthetic beauty, and preserving the value and desirability of AXIS. By adhering to these Architectural Guidelines, which include guidelines and standards for all improvements and sound and noise guidelines, all Residents will benefit from the beauty and enjoyment of AXIS Community. These guidelines are in addition to the approvals required to be obtained from the Master Design Review Committee. Upon approval from the Board or Architectural Committee in accordance with Article 7.9 of the Declaration and these Architectural Guidelines.

Prior to making any Improvements to your Unit or any Exclusive Use Area, you must first submit a complete Architectural Application to the Architectural Committee. After receiving written approval from the Architectural Committee and complying with applicable Governmental Agencies, you may install your Improvements, or undertake your approved action. Please review these Architectural Guidelines prior to completing your application form to ensure your submittal is complete. In the event of a conflict between these Architectural Guidelines and the Declaration, the Declaration shall prevail.

It is recommended that you also refer to Article 7, Section 7.9 of the Declaration in conjunction with these Architectural Guidelines to insure a complete understanding of the submittal and review process. If at any time you have any questions regarding the review process, please contact the General Manager.

## Purpose

These Architectural Guidelines are not intended to restrict individual creativity or personal preference, but rather to assure and preserve the value, desirability, attractiveness and architectural integrity of AXIS.


# Submittal Requirements

## Submittal of Application

Prior to the commencement of any addition, alteration, construction work or other Improvements, you must first submit an application to the Architectural Committee for approval of such work in accordance with the procedures set forth below. The following is intended to describe some of the Improvements which require approval by the Architectural Committee. Even though a proposed Improvement may not be listed below, you should submit an application for your proposed Improvement, unless the Declaration or Architectural Guidelines specifically exempts that particular Improvement from architectural review.

Architectural Committee approval is required for the following proposed Improvements to Residential Units:

### Interior Improvements to Residential Units

All interior Improvements to your Residential Unit which impact or alter any part of the Building and any hard surface flooring require the approval of the Architectural Committee. No structural alterations to the interior of a Unit or Association Property surrounding any Unit shall be made and no plumbing, electrical or other work which would result in the penetration of the unfinished surfaces of the ceilings, walls or floors shall be performed by any Homeowner without the prior written consent of the Architectural Committee. For the purpose of these Architectural Guidelines, the term “Interior Improvements” shall include, without limitation:

* Flooring (tile, marble, granite, wood, etc.)
* Moving of non-bearing walls
* Window coverings including draperies, shutters, shades, etc.
* Security system
* Permanent fixtures
* Ceilings and columns
* Any other Improvement (including demising walls) which may impair or alter the structural integrity of the Building or the Unit

### Electrical, HVAC/Heat and Plumbing

New installations or changes to any originally installed electrical, HVAC/heating or plumbing of any kind require approval by the Board.

### Exterior Changes or Additions

Any changes or additions to the exterior of any Entry Use Balcony Area, Exclusive Use Patio Area, Exclusive Use Balcony Area or Exclusive Use Roof Deck Area including, without limitation, patio covers, windows, screens, sunshades, awnings, walls, doors, railings and gates, require approval by the Architectural Committee.

### Improvements in Patio and Roof Deck Areas

All landscaping within any Exclusive Use Entry Area, Patio Area or Roof Deck Area requires the approval by the Architectural Committee.

### Entry Door Hardware

Homeowners shall not remove or replace any hardware on any entry doors without the prior approval of the Architectural Committee.

### Roof and Patio Area Furnishings

The Architectural Committee will review the types of patio, balcony and roof deck furnishings solely to confirm the furnishings are aesthetically harmonious with the Building.

### Electric Car Chargers

Any modifications to an Individual Electric Car Charger shall be subject to approval of the Architectural Committee.

## Failure to Obtain Approval

It is important that you obtain the approvals of the Architectural Committee before making any alterations or improvements so that you are not in violation of the Governing Documents. Please also remember that a building or other permit may be required by the County or City Building Department, or other Governmental Agencies prior to the commencement of any work.


# Inspection and Correction of Work

## Right of Inspection During Course of Construction

The Association shall have the right of inspection during the course of construction as set forth in the Declaration. Article VII, Section 7.9, paragraph H of the CC\&Rs requires the Board to notify the Owner in writing of any noncompliance. The notice must specify the particulars of non- compliance and set forth the require of the Owner to remedy the non-compliance. If an Owner fails to remedy a non-compliance within 30 days from the notification, the Board must provide notice and hearing to consider the continuing non-compliance.

## Notice of Completion

Upon the completion of any construction or reconstruction or the alteration or refinishing of any Improvements, or upon the completion of any other work for which approved Plans and Specifications are required, the Homeowner shall give written notice of completion thereof to the Architectural Committee.

## Inspection

Within 60 days after a notice of completion has been delivered to the board, the Architectural Committee, or its duly authorized representative, shall have the right to enter into a Unit, as provided in Section 7.9 of the Declaration, to inspect such Improvement to determine whether it was constructed, reconstructed, altered or refinished to substantial compliance with the approved Plans and Specifications. If the Architectural Committee finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved Plans and Specifications, it shall notify the Homeowner in writing of such non-compliance specifying particulars of non-compliance, and shall require the Homeowner to remedy such non-compliance.


# Approval/Disapproval

The Architectural Committee makes recommendations to the Board for their consider on any application received. The Board approves or disapproves the application. The party or parties making such application may appeal a decision in writing to the Board. The Board must receive the written request for appeal not more than thirty (30) days following the disapproval. Within thirty (30) days following receipt of the written request for appeal, the Board shall render its written decision. The decision of the Board shall be binding and final.


# Compliance with Required Procedures

If an architectural change is made without the approval by the Architectural Committee or any violation of the Architectural Guidelines occurs, the Architectural Committee may deliver written notice of violation to the Homeowner. The violation notice shall specify a time period for removal of the non-conforming Improvement which the Architectural Committee reasonably determines is necessary to remove the non-conforming Improvement. The Homeowner shall, upon receipt of the violation notice remove the non-conforming Improvement within the time period specified in the Violation notice or make an appeal to the Board in writing. If an Homeowner fails to file an appeal within fifteen (15) days of the receipt of the notice of violation, the Homeowner shall have waived any right to appeal.

Within thirty (30) days of a request for a hearing, the Board shall schedule an appeal at a time and date to be determined by the Board. The appeal hearing shall be conducted in an informal manner and the Homeowner shall have the opportunity to present any information or evidence to have the fine excused or mitigated. The decision of the Board shall be final.


# General Guidelines and Requirements Relating to Work

Approval by the Architectural Committee does not constitute waiver of the requirements of any Governmental Agencies. Architectural approval of plans does not constitute acceptance of any technical or engineering specifications, and the Association assumes no responsibility for such. The function of the Architectural Committee is to review submittals for architectural design of Improvements, placement of Improvements, color schemes, exterior finishes and materials and similar features which are recommended for use in the Community. All technical and engineering matters are the responsibility of the Homeowner. In addition to the restrictions set forth in the Declaration and the Rules and Policies Handbook, each Homeowner shall also comply with the following restrictions and guidelines.

## Building Permits

The Association shall have the right to require an Homeowner to provide building permits for certain Improvements or changes. The applicant shall obtain Architectural Committee approval of any Improvements requiring a building permit prior to requesting such permit from the City. Any required building permits must be obtained by the Homeowner, at such Homeowner’s expense. The Association assumes no responsibility for failure to obtain building permits. Obtaining such permits does not waive the Homeowner’s obligation to obtain Architectural Committee approval.

## Damage to Association Property

An Homeowner shall be responsible for any damage to the Association Property caused by construction or of improvements by the Homeowner. All applicable charges for restoration will be charged back to the Homeowner by the Association and are due and payable per compliance with Article IV, Section 4.10 of the CC\&R.

## Effect of Approval

Approval of plans is not authorization to proceed with Improvements on any property other than the Unit owned by the applicant.

## Building Code Requirements

It shall be the responsibility of the Homeowner to ensure that proposed modifications shall be consistent with applicable building code requirements. No Improvements will be permitted that could impair the structural integrity or mechanical systems of the Community, or lessen the support of any portion of the Community.

## Zoning

All uses shall be in conformity with the zoning ordinances of the City.

## Structural Alterations

No structural alterations to the interior of or any Unit shall be made and no plumbing, electrical or other work which would result in the penetration of the unfinished surfaces of the ceilings, walls or floors shall be performed by any Homeowner without the prior written consent of the Architectural Committee.

## Mechanic’s Liens

No Homeowner may cause or permit any mechanic’s lien to be filed against the Community for labor or materials alleged to have been furnished or delivered to the Community or any Unit for such Homeowner, and any Homeowner who does so shall immediately cause the lien to be discharged within five (5) days after notice to the Homeowner from the Board. If any Homeowner fails to remove such mechanic’s lien, the Board may, discharge the lien and charge the Homeowner a Special Assessment for such cost of discharge.

## Concrete Walls or Slabs

No Homeowner shall drill, penetrate or otherwise tamper with the concrete or other structural components of the Building including the Exclusive Use Patio, Roof Deck and Balcony Areas.


# Requirements for Contractors, Subcontractors and Any Other Work

## Insurance and Contractor’s License

Each Homeowner shall ensure that all contractors, subcontractors, or any other person or entity who/which performs work on or within the Building, shall provide proof of insurance, proof of valid workers compensation insurance, a California State Contractors License (if applicable) to the Board. The Association shall be named as an additional insured on the Certificates of Insurance for the period of time the work is in progress.

## Registration of Work

All contractors, subcontractors, or any other persons who perform work on or within the Community, shall provide prior notice to the General Manager. A representative of the General Manager has the right to accompany the person or persons performing the work and take photographs of the condition of the Association Property prior to the commencement of the work and after completion of the work.

## Damage

Any damage caused by contractors or sub-contractors to any Association Property or Units is the Homeowner’s responsibility. Any damage must be reported immediately to the General Manager. The Homeowner will be held liable for the actions of his/her contractors, subcontractors and/or workers and the Homeowner will be responsible for any costs of repair incurred by the Association.

## Protecting Floor Areas and Elevators

The elevator and common floor areas must be protected with padding during any work by an Homeowner which could cause damage. The protective coverings must be removed by 6:00 P.M. each day.

## Trash and Debris

All trash and debris must be carried off-site on a daily basis. The trash receptacles in the Association Property may not be used for disposing of construction or installation debris. Contractors may use the trash dumpsters only with the permission of the General Manager, and will be charged a fee for placing construction materials in the dumpster.

## Electrical and Plumbing

All electrical and plumbing work must be performed by a contractor licensed in the State of California in accordance with authorized Plans and Specifications. All plumbing must be properly insulated for sound and must be isolated from walls, studs, joists, ceilings and flooring.

## Utility Shutdowns

Any plan to temporarily disconnect for any reason a Unit’s utilities must occur on a date coordinated with the General Manager at least one week prior to the proposed date for interruption of utility service. The Homeowner must pay all expenses (including overtime) incurred by the Association, when using such services.

## Working Hours

Working hours for any Improvements are limited to Monday through Friday, 08:00am to 06:00pm (Flooring - Hardwood 09:00am – 05:00pm, Monday to Friday Only); Saturday & Sunday, 10:00am. to 05:00pm.

No work is allowed on the following holidays: New Year’s Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas Day.

Workers may access the Community thirty (30) minutes before the applicable “Working Hours,” but may not make any disruptive noise until “Working Hours” begin. Painting that does not disrupt others and work that does not create disturbing noise, vibrations or odors is not subject to the “Working Hours” limitation.

## Conduct by Workers

Workers shall exhibit proper behavior consistent with the terms of this Rules and Policies Handbook, and shall show respect toward other residents of the Community. Workers are not allowed to bring their pets within the Community and will be denied entry if they have a pet with them. Workers are prohibited from creating nuisance noise unrelated to the construction work. Workers are also prohibited from eating meals or taking breaks on the grounds in the Association Property. Workers must perform work such as carpet cutting and tile cutting in an area designated by the General Manager. All workers must wear shoes, pants or shorts and shirts with sleeves in the Community at all times.

## Stopping Work

The Association has the right to stop any work that is in violation of these regulations, creates hazard, or interferes with activities in the Association Property.

## Fire Detection, Suppression or Alarm Devices

No one shall remove any permanent smoke detectors, sprinklers, security speakers or fire safety devices anywhere in or about a Unit, or the Association Property. If spray paint, sanding, or any other work that could potentially set off the smoke detectors or fire sprinklers will be performed, it is permissible to cover smoke detectors and/or fire sprinklers with plastic (and no other material), but the plastic must be removed at the end of each day. **A fine of $500 will be charged for each smoke detector or fire sprinkler left covered overnight.** This amount is subject to change by the Association from time to time. Arrangement with the Association c/o the General Manager needs to be made in order to cover and protect smoke detectors located in the corridors adjacent to the Unit. Fire exits may not be blocked at any time.

## Equipment

Contractors must use their own equipment. The use of Association electricity facilities, and Association tools and equipment is prohibited. Workers are also prohibited from using their equipment in the Parking Garage or other Association Property. The Association is not responsible for the disappearance of any tools, equipment or materials left in the Association Property.

## Minimizing Dirt, Etc.

The front door of each Unit must be kept closed during construction in order to contain dust, dirt, noise, paint fumes, etc.

## Homeowner Responsibility

Each Homeowner is responsible for any violations by such Homeowner’s contractor or subcontractors of the Architectural Guidelines, the Association Rules and the Governing Documents.


# Review Process and Procedures

## Application for Approval

All applications for any Improvements requiring approval by the Architectural Committee must be submitted in writing (“Home Improvement Form”), together with the items described below (“Submittal Package”).

Send requests to:

AXIS Homeowners Association\
Attention: Architectural Committee\
c/o The General Manager

## Delivery of Submittal Package

The Submittal Package and any resubmittals should be delivered in a manner where receipt for delivery can be obtained. This may include personal delivery, email, overnight courier or any method where the Property Management Company acknowledges receipt of the Submittal Package in writing. Packages may not be submitted more than 21 days prior to a regularly scheduled board meeting.

## Submittal Package

In order to expedite the approval process, the Submittal Package for any Improvements (other than patio furnishings and window coverings) must include each of the following:

* Architectural Form
* Plans and specifications showing the location, nature, kind, shape, color, size, materials and location including any other requirements set forth herein (“**Plans and Specifications**”), clearly indicating all proposed modifications
* Floor plans, only if you are an Homeowner requesting permission to remove or relocate a wall
* Description of materials and colors and material samples (for Window Coverings)
* A proposed construction schedule (including proposed start and completion

  dates)
* Certificates of insurance (including contractors exclusions and proof of valid workers compensation insurance)
* Permits and licenses, if applicable
* Names, addresses and phone numbers of all contractors and subcontractors

  who will work on the Community

The Architectural Committee will not be able to review your application unless all required plans, forms, fees and information for your proposed Improvement(s) are included in your Submittal Package.

Plans and specifications for Improvements must be of sufficient completeness and clarity so that Architectural Committee will be able to make an informed decision with respect to the requested Improvements. Plans and specifications that are not of sufficient completeness or clarity, or that do not conform to applicable building codes will be rejected.

### Patio or Roof Deck Furnishings and Window Coverings

For any patio, balcony or roof deck furnishings and window coverings, the Homeowner shall submit one (1) copy of a picture showing the furnishings and/or samples of proposed fabrics and finishes.

### Hard-Surface Flooring

Homeowners installing or altering hard surface flooring must submit the following (in addition to meeting the above listed requirements) for any hard-surface flooring to the Architectural Committee:

* A construction drawing clearly indicating the type of flooring to be installed and the underlayment to be provided to mitigate against impact noises such as footfalls. The drawing must clearly identify all materials, their composition and thickness. Tile is only permitted in the bathrooms.
* Any proposed hard surface flooring shall have a minimum Impact Insulation Class rating of 60. Any proposed installation of carpet shall have a minimum Impact Insulation Class rating of 58.
* A plan view drawing of the hard surface flooring area indicating the location of all adjacent partitions, cabinets, etc., with referenced details indicating the method of isolating the hard surface flooring along the entire perimeter.
* The name, qualifications, and experience of the Service Provider who will install the hard surface flooring and acoustical underlayment.

### Wall, Ceiling and Curtain Attachments

A Homeowner desiring to attach televisions or other fixtures to the walls or install curtains, chandeliers or pictures which penetrate through the drywall and require extra supports must obtain approval of the Association prior to the installation of such items detailing the location and the mounting techniques. No Application Fee is required unless the Association determines the installation does require further review and approval, in which case the Homeowner may be required to submit an application fee and other documents required by the General Manager. Regardless of whether approvals are required and/or obtained, Homeowners remain liable for any damage to persons or property caused by any penetration of the drywall.

## Review Fees

### Deposit

In addition to the Application Processing Fee, the Homeowner must pay a deposit in an amount determined by the Architectural Committee to cover any damage to Association Property during the course of construction of any Improvements. Each Homeowner is solely liable for all damage caused by an Homeowner or any Service Provider of an Homeowner, including, but not limited to, all fines and surcharges levied against the Homeowner by the Architectural Committee. The Homeowner’s liability shall not be limited by the amount of the deposit. If such costs of repairs, fines or surcharges are not promptly paid by the Homeowner, then all work must cease until the deposit has been replenished to an amount determined by the Architectural Committee (not to exceed the maximum amount that has been set for deposits).

### Outside Consultant Fee

The Board may also require an Homeowner to pay any fees, costs or expenses associated with the review and approval of the Homeowner’s Plans and Specifications by an Outside Consultant or any costsassociated with the review of the Plans and Specifications by an architect on the Architectural Committee, if any. Any structural improvements may be require approval by a licensed architect, sound engineer and any other person reasonably required to evaluate the design.

### Additional Fees

Additional fees may be imposed on Homeowners if determined necessary, based upon the complexity or scope of the Submittal Package and/or to retain consultants. If such fees are determined necessary, you will be notified by the General Manager and you will be required to submit the additional fee(s) within ten (10) days of the request.

## Review of Application

The General Manager shall, upon behalf of the Architectural Committee, review the Submittal Package to ensure that it contains all of the information and fees required.

If the Submittal Package is complete, the General Manager will forward the Submittal Package to the Architectural Committee. The General Manager may determine and notify the Homeowner that, based upon the proposed Improvements or the complexity of the proposed Improvements, additional review fees will be required. The Submittal Package will not be submitted to the Architectural Committee unless the Submittal Package is completed and until such fees are paid. Failure to submit a complete Submittal Package and include the appropriate fees with the Submittal Package will constitute an incomplete application, and the application will be returned to the Homeowner for completion prior to review by the Architectural Committee. The Submittal Package may be deemed complete by the Homeowner unless the Homeowner is informed otherwise by the General Manager, within thirty (30) days after delivery to the General Manager.

The Architectural Committee will review the Submittal Package and will provide written notification of approval, approval with conditions, or disapproval of the proposed modifications to the General Manager. The General Manager will then provide written notice of the actions taken by the Architectural Committee within thirty (30) days from the receipt of the Submittal Package along with one (1) set of the Submittal Package, appropriately marked with the Architectural Committee’s action. If an Homeowner fails to receive notice of the action by the Architectural Committee within the thirty (30) day period, then the Homeowner shall have the right to deliver a reminder notice to the Architectural Committee and General Manager.

If an Homeowner’s proposal is not approved, or returned as incomplete, a revised Submittal Package may be submitted. Provided the re-submittal is prompt, and does not constitute a substantially revised proposal, the Architectural Committee will attempt to review the re-submitted application within thirty (30) day period. If the re-submittal is not prompt or includes substantially revised Plans and Specifications, an additional thirty (30) days may be required to complete the Architectural Committee’s review.

## Diligence in Construction

Upon final approval of the Submittal Package, the Homeowner shall promptly commence construction and diligently pursue completion of the construction in conformance with the construction schedule. An Homeowner must notify the Architectural Committee within seven (7) business days of becoming aware of any delays in the start or completion dates provided in its Submittal Package by delivering written notice to the General Manager. However, if any date(s) originally approved by the Architectural Committee are delayed by more than one hundred eighty (180) days, such Homeowner may be required to submit a new Submittal Package reflecting its revised date projections. If a new Submittal Package is required by the Architectural Committee, such Homeowner may be responsible for fees and deposits in connection with such new Submittal Package.


# Architectural Standards

The standards set forth below shall apply to the Improvements within the Community. These standards are in addition to the standards set forth in the Association Rules and the other Association Governing Documents.


# Barbecues

No barbecues of any type are allowed.


# Drainage

There shall be no interference with the established drainage patterns, level, or grade over any Unit or Association Property unless an adequate alternative provision is made for proper drainage and written approval is obtained from the Architectural Committee. The installation of any tile or other flooring material on roof decks, entry areas or patios is strictly forbidden as it will interfere with proper drainage.


# Flooring

## Submittal Requirements

Except for those floors installed by Declarant, no Homeowner shall install flooring (including without limitation tile or hardwood floors) or replace any flooring unless the prior approval of the Architectural Committee has been obtained.

Any installation of hardwood or hard surface flooring must be approved by the Architectural Committee and must include a sound control underlayment system with an Impact Insulation Class rating of 60 or better for a hardwood floor installation and 58 or better for carpet installation. Tile is only permitted in the bathrooms.

Installation of such sound control underlayment system shall include provisions for a perimeter insulation material which will ensure that impact noises are not transmitted into the Units below the floor either directly through the floor or by going around the floor and through the surrounding walls.

## Guidelines

Standard Terms and Conditions and impact insulation class will be approximately 58 for carpet and pad.

Standard Terms and Conditions and impact insulation class will be a minimum of 60 for wood or tile. Tile is only permitted in the bathrooms.

All floor areas within a Unit shall be covered with materials designed to minimize noise transmission. The installation of carpet must also include the installation of padding if the Unit is situated on any floor above any other Units or Association Property.

**Failure to ensure that flooring material and installation procedures adhere to these requirements may require removal at the Homeowner’s expense.**


# Lighting (Exterior)

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.


# Roof Decks and Patios

## Outdoor Furniture and Balconies

Patio furniture and other similar outdoor furnishings must be in good condition. These furnishings must be equipped with protective leg caps or other devices to prevent damage to the floor of the Exclusive Use Patio Area, Balcony Area or Roof Deck Area. Additionally, none of these furnishings or other Improvement shall be nailed, bolted, or otherwise attached to the floor, walls, or any other portion of the Exclusive Use Patio Area or Balcony Area or Roof Deck Area.

## Plants

Vegetation that extends beyond the railings, fences, walls and/or other boundaries of an Exclusive Use Patio Area or Balcony Area or Roof Deck Area is prohibited.

## Awnings, Etc.

Awnings, ornamental screens, and sunshades shall not be permitted on any structure or elsewhere within the Community except those that are installed in accordance with the original construction of the Community or as authorized or approved by the Architectural Committee.


# Signs

No sign or advertising device shall be displayed on or in a Condominium which is visible from the exterior of the Condominium, except the following:

* If permitted by applicable law, each Unit may have no more than one (1) for sale or lease sign that is reasonable in size, and shall be of a color and style authorized by the Board;
* Non-commercial signs permitted by law; and
* Any other sign or display authorized by the Board or Architectural Committee.
* As permitted in CCRs Amendment 1 for Live Work Units


# Sound and Vibration Attenuation

In any multi-family dwelling, sound may be audible and vibrations may be felt between units, particularly where the sound level of the source is sufficiently high and the background noise in an adjacent Unit is very low. Each Homeowner shall endeavor to minimize any noise transmission from his or her Unit.

## Penetrations

No holes or other penetrations shall be made in demising walls (party walls) without the prior approval of the Architectural Committee. No penetrations of any sort shall be made in the ceiling of any Unit. Acoustical sealant shall be packed around all holes made by nails or screws when hanging items from the wall.

## Minor Impact Insulation

No modifications shall be made to any Unit which would result in a reduction in the minimum impact insulation class of the Unit.

## Speakers

Speakers for music reproduction, television and other audio-visual devices shall not be supported from or contact demising walls and shall be elevated from the floor by a proper acoustic platform. Loudspeakers for music reproduction, television and other audio visual devices may be supported from or recessed into ceilings provided that: (a) the back of the speaker recessed into a ceiling is sealed to substantially reduce sound transmission through the concrete deck separating the Unit above; (b) such installation does not compromise the approved sound rating design of the ceiling systems between Units; and (c) such installation has been approved by the Association.

## Pianos

Pianos shall have at least 1⁄2 inch neoprene pads under the supports to minimize vibration transmission into the structure.

## Rubber Castors

All furniture installed on hard surface flooring shall contain rubber castors or felt pads to minimize noise and vibration.

## No Attachment

No fixture or equipment that may cause vibrations, noise or other type of unreasonable annoyance or damage to Homeowners may be attached to the walls or ceilings of any Condominium. Devices such as ceiling- mounted music devices, televisions or surround sound systems, including, but not limited to, wall mounted speakers, flat screen televisions and other audiovisual devices, must be supported by proper wall mounts or floor stands or a proper acoustic platform that prevent such devices from coming in contact with a demising wall or floor surface. All such wall mounts must be installed in conformance with the Architectural Guidelines.


# Structural Load Changes

The Building is designed to support a forty (40) pound per square foot live load as outlined in the Uniform Building Code, Table 16A, Item 12. Any modifications to a Unit that might increase such load of a Unit’s floor must be approved by a structural engineer and the Architectural Committee. These items include, without limitation, changes in flooring (e.g., installation of ceramic tile, marble, granite) and the placement of pool tables, pianos, potted plants or trees, and aquariums.


# Wall Attachments

Homeowners are required to obtain approval to attach televisions or other fixtures to the walls or install curtains or chandeliers which penetrate through the drywall and require extra supports prior to the installation of such items detailing the location and the mounting techniques. The Association may impose conditions on such installations. Each Homeowner acknowledges that it remains liable to the Association and other Homeowners as a result of any damage caused to the Association Property resulting from any penetrations by such Homeowner or such Homeowner’s Lessees.


# Water Supply Systems

No individual water supply, sewage disposal or water softener system shall be permitted in any Unit.


# Window Coverings and Treatments

Except for tinting that is part of the original construction of the building, window tinting is prohibited.

## Acceptable Materials

Window coverings may consist of draperies, shades, blinds or shutters. Aluminum foil or other similar material, bed sheets, paper, and the like may not be applied to windows, at any time. Temporary window coverings must be removed sixty (60) days after the close of escrow for a Condominium.

## Neutral Color

The color of curtains, drapes, shutters, blinds, and other window materials visible from the street or Common Areas shall be beige, white, or off- white in color or lined in beige, white, or off-shite, or of colors, materials and patterns which are approved by the Board. Window coverings may consist of draperies, shades or shutters. Aluminum foils or other reflective materials, bed sheets, papers, and the like may not be applied to windows, at any time.

## No Bars

Exterior wrought iron or metal bars are prohibited.

## Screen Doors

Exterior screen doors must be approved by the Architectural Committee.

## Maintenance

Each Homeowner is responsible for the care and maintenance of its window coverings. Drapes, curtains, shutters, blinds, and all other window coverings must be kept in good condition. Each Homeowner will be required to replace shabby and torn materials/coverings exposed to the exterior.


# Procedures


# Move-In/Move-Out and Delivery

## Prior to Your Move

To insure proper scheduling and availability of the move-in elevator designated for your move, please request a move-in/move-out reservation via Building Link or contact the General Manager at least seven (7) business days prior to your move-in/move-out to reserve a time(s) for your move-in/move-out. At that time you should review any questions that you might have regarding these move-in/move-out procedures. You must also submit a Move-In/Move-Out Agreement located in the Forms Sectionof this Rules and Policies Handbook prior to your move.

## Moving Fee, Deposit and Scheduling

Each Resident must schedule his or her move- in/move-out date. At the time you schedule your move, you must sign the Move-In/Move-Out Agreement stating that you understand that a **NON-REFUNDABLE $120 FEE (prorated if less than 5 hours) AND A $300 DEPOSIT (which will be refunded to the extent there is no damage caused to the Building)** must be delivered to the General Manager five (5) business days prior to the move. The moving fee is non-refundable and will cover the Association’s administrative costs related to your move. The deposit is applicable to all damage, repair, cleaning, losses or other liabilities and charges incurred as a result of the move. Additionally, you accept total responsibility for the cost of any damage, repair, cleaning, losses or other liabilities that may exceed the amount of the deposit. If you rent out your Unit and your Lessee moves out, you will be responsible for paying the $120 fee (prorated if less than 5 hours) and the $300 deposit for the move-out and another $120 fee (prorated if less than 5 hours) and another $300 deposit for the new Lessee moving in. If there is no damage, the deposit will be returned to you within thirty (30) days of the move as the Association will need to issue a new check.

The Association will have the ability to hire a security officer to be stationed at the Community entrance during the move if the Association determines this is necessary. The cost associated with the security officer for this specific purpose will be borne by the resident moving in or out.

## Times You May Move

Moves may be conducted between 8:00 a.m. to 5:00 p.m. Monday through Sunday, except for the following: New Year’s Day, Presidents Day, Memorial Day, 4th of July, Labor Day, Thanksgiving, and Christmas Day. An appointment to schedule a move-in or move-out of the building must be made seven (7) business days in advance of the move to insure access to the elevator within a specific timeframe and day. Please call the General Manager to schedule moves and deliveries. Unscheduled moves may result in a $500 fine being levied.

## Rules Violation

After a notice of a rule violation is issued and a hearing is held, a charge of five hundred dollars ($500) may be levied if a mover, homeowner, or lessee attempts to begin a move-in/move-out without a prior reservation.

## Parking

If you are using a professional moving company, be sure to inform them that it will be necessary to park large moving trucks in the loading dock within the Community. As certain areas must be kept free of parked vehicles it is essential that the arrival time and size of moving vans be confirmed with the General Manager. If you have any questions or concerns about the size of the vehicle you intend to use, please discuss this matter with the General Manager PRIOR to the day of your move. If your moving truck will be parked on the public street it is your responsibility to obtain the necessary approvals or permits from the City of San Jose. The Association is not responsible for any parking violations by any Resident or their moving company. A designated path of travel within the Community for the moving company will be available from the General Manager.

## Your Moving Company

Please choose your moving company carefully. Each Homeowner and Lessee is fully responsible for any damage done to the Association Property during a move. Because of this liability, all moving companies obtained by a Homeowner or Lessee must carry their own insurance to cover such damage. A Homeowner or Lessee must deliver a current certificate of liability and workers’ compensation insurance, naming the Association as an additional insured, to the General Manager at least two (2) days before your scheduled move. No moving company will be permitted entry into the Community without first providing such certificate of insurance. If you plan to move from out-of-state, please either use a destination (local) agent for the company or instruct the driver to call the General Manager a minimum of seven (7) business days in advance to coordinate the time of arrival and to insure availability of the designated elevator.

Homeowners who wish to move in without using a professional moving company may do so providing they meet all the requirements of the moving companies, i.e., scheduling the elevator seven (7) business days in advance of the move and accompanying the Association’s representative on a walk-through before and after the move.

An elevator can be reserved for you or your movers for up to a six (6) hour block of time between 8:00am to 5:00pm. If no other reservation, time blocks prior to or after may be used. In order to allow the elevator to be held to one floor, the mover must register with the General Manager which will allow the elevator to be placed in service mode. The movers will also be provided with a keycard for the building. The keycard must be returned upon completion of themove. Failure to return such keys may entitle the Association to retain the Homeowner’s deposit. The loading dock hours are 8:00am to 8:00pm, every day.

* The moving company must provide protective covering for the elevator cab walls during the moving process. It is the mover’s responsibility to insure that these are in place prior to beginning the move. In the absence of protective coverings, all items must be wrapped in moving blankets. ONLY THE DESIGNATED ELEVATOR MAY BE USED FOR MOVE-INS/MOVE-OUTS.
* No moves will be permitted if the protective coverings are not fully in place.
* The homeowner is responsible for all costs for repairs necessitated by the move.
* The elevator dimensions are approximately: 65 inches X 81 inches X 105 inches
* Front door dimension are approximately: 3’ 6” X 7’

Please provide the moving company with a copy of the Memo to Moving Company Personnel, a copy of which is attached, so that they have a clear understanding of the moving requirements.

{% file src="/files/-Mg-QP0UqP65vZlEw-xk" %}

Although the Association has no obligation to pursue any costs for damage caused by a Homeowner’s or Lessee’s delivery/move from any party other than the applicable Homeowners, the Homeowners may be able to make a claim against the delivery/moving company who caused the damage in the amount charged to such Homeowners by the Association. Thus, it is important each Homeowner confirms that the delivery/moving company used or any individual involved in the move is properly insured to cover such costs. All Homeowners are advised that they should ensure their Lessees comply with this provision since the Association will charge the applicable Homeowner of all such costs since a Lessee is not a member of the Association and all Homeowners are responsible for the actions of their Lessees. Each Homeowner acknowledges and accepts the Association has no obligation to assist any Homeowner in making such a claim and claims made against a delivery/moving company or any other individual involved in a delivery/move is at each Homeowner’s discretion.

## After Your Move

At the end of the move, the Association Property must be cleared of all debris. All trash and debris must be carried off-site on a daily basis by you or your moving company. Please contact the General Manager for further details. Any Homeowner who disregards this regulation by leaving packing materials and boxes in the Association Property will be required to cover the cost of having a contractor remove this nuisance and fire hazard.


# Loading Dock & Freight Elevator Usage

The loading dock is intended for use by residents to accommodate Move Ins/Outs and deliveries. The use of the Loading Dock shall coincide with Service / Freight Elevator Hours.

## Loading Dock Hours (Roll Up Door)

8:00am to 8:00pm; Monday through Sunday

## Move-in/out Reservations

* 8:00am to 5:00pm - 6 hours during this window.
* Use of elevator for unauthorized Move-In/Out may result in $500 fine

If Service Elevator is needed for a Move In/Out that exceeds 6 hours, please contact the General Manager.

## Delivery Reservations

* 08:00am to 11:00am
* 11:00am to 2:00pm
* 2:00pm to 05:00pm
* 05:00pm to 08:00pm

Deliveries without reservations will be considered on case by case basis, subject to availability of loading dock. (Fee would still apply)

## Fees for Use of Service / Freight Elevator

The following fee schedule shall apply anytime the Elevator is placed in “service mode”

* The Delivery window is 3 hours, actual cost will be based on actual time used.
* Elevator usage will be calculated @ a cost of $20 per hour
* Minimum calculated time shall be 30 minutes @ $10, Maximum single reservation for move in/out is 6 hours at cost of $120.


# Rules Enforcement

The Association has the responsibility and right to enforce compliance with the Association Rules and Architectural Guidelines set forth in this Rules and Policies Handbook and the terms of any other Governing Document. Depending upon the severity and frequency of the violation and the violator, the choice of enforcement procedure(s) and/or the enforcement remedy utilized may vary.

All Homeowners will be liable to the Association for violations of the Association Rules and/or the terms of the Governing Documents and for any damage to the Association Property by them, or their respective Lessees and Invitees. Homeowners must take all necessary actions to ensure such Persons comply with the rules and regulations set forth in the Association Rules with respect to the use of any of portion of the Association Property.

If any Resident causes damages or fails to comply with the Governing Documents, the Association shall have no obligation to pursue other available remedies against such Person(s) before seeking reimbursement from the applicable Homeowner for the costs of repairing the damage. The Homeowner remains primarily liable for the actions of its Lessees, Invitees and Service Providers. The Enforcement Procedures set forth below will apply to any violations of the Governing Documents including the Association Rules and Architectural Guidelines.

Any Homeowner may report violations to the Association by submitting a written notice to the General Manager describing the violation in detail. Similar notices will not be accepted from a Lessee. Except for emergency situations, any Lessee who wishes to report a violation must coordinate such violation notice(s) through the Homeowner of its leased Condominium.

Once the Association receives a written violation, the enforcement process may be started against the alleged violating Resident, as set forth below. However, nothing in this Section shall oblige or require the Board, or any authorized committee to take any such action. Homeowners are responsible for the conduct of their Lessees, Invitees, and Service Providers (as defined below).

## Other Remedies

The Association may take any other actions or a combination of actions, as permitted under the Governing Documents and/or Applicable Laws.


# Enforcement Actions

## Notice and Hearing

At the time a violation is reported, action may be taken as set forth below.

### Violation Notice

The General Manager will verify the accuracy of the complaint. If deemed valid, the General Manager may but is not obliged to provide a written notice to the violating Homeowner ("Violation Notice"). The Violation Notice will contain a description of the violation, provided the required corrective action and a timeframe in which the corrective action must be taken. The Violation Notice will also include instructions regarding responses to the violation notice. If an allegation concerns a Lessee, the Violation Notice will be addressed to the applicable Homeowner and a copy will be sent to the Lessee. Unless otherwise determined by the Board, all further communications and/or correspondence concerning corrective actions, hearings, applicable charges or fines will be addressed to the applicable Homeowner only. However, the Association shall have the right, but not obliged, to deal directly with a Lessee and may send communications to both a Homeowner and Lessee as it deems appropriate. It is the Homeowner's responsibility to ensure that its Lessees comply with any corrective actions required by the Association. The Association may, but is not obliged to, send a notice requesting corrective action before proceeding with notice of hearing.

### Notice of Hearing

If the violation continues or is repeated after the first notice, a second written notice will be sent, requesting the Homeowner appear before the Board ("Notice of Hearing"). The Notice of Hearing will be delivered to the applicable Homeowner no less than fifteen (15) days prior to the date of the hearing and for suspension of privileges. The notice will include the date, time and location of the hearing and the nature of the alleged violation. A Homeowner will be provided an opportunity to address the Association at the hearing. For any allegation of a continuing violation against a Lessee, the applicable Homeowner must appear on behalf of its Lessee. The accused Lessee may attend the hearing; however, such Lessee may not speak or address the Association unless the Association asks the Lessee to answer specific questions.

### Hearing

At the hearing, the Association will allow the Homeowner to present evidence and testimony as is reasonable under the circumstances. The Association may ask questions of any person present at the hearing providing evidence.

After the hearing, the Association will deliberate and vote in executive session. The Homeowner will be notified in writing of the Association's decision within fifteen (15) business days of the hearing.

If the Association concludes that the alleged violation occurred, the Association may impose monetary fines, temporarily suspend voting privileges or take any other disciplinary action permitted under the Association Governing Documents.

## Legal Counsel

If deemed necessary, the Association may also concurrently refer the matter to the Association's legal counsel for further action. If a lawsuit is filed to correct a violation, the Homeowner may be liable for the Association's legal costs and fees.

## Reimbursement Charge

The Association may, after Notice and Hearing as described above, impose an assessment to reimburse the Association for costs of repairing damage to the Association Property maintained by the Association or to reimburse the Association for costs incurred in bringing the Homeowner's Unit into compliance with the Governing Documents, including, without limitation, legal fees.

## Suspension of Member Privileges

The Association may suspend a Homeowner’s voting rights or rights to use the Common Area recreational facilities and amenities following Notice and Hearing.

## Internal Dispute Resolution

If the violation continues, the Association may invite the Homeowner to participate in internal dispute resolution pursuant to California Civil Code Section 5900.810.

## Alternative Dispute Resolution

If the violation continues, the Association may request that a dispute be resolved through alternative dispute resolution procedures pursuant to Civil Code Section 5925.510. Any costs incurred for the mediator or arbitrator are to be split among the parties unless otherwise determined by the mediator or arbitrator.

## Legal Action

The Association may proceed with legal action to compel compliance with the Governing Documents. The prevailing party of any dispute is entitled to recovery of its attorneys' fees and costs.

## Right of Entry

Notwithstanding the foregoing, the Association or its authorized representative may undertake any appropriate corrective or legal action without providing a Notice and Hearing under circumstances that such entry is permissible when necessary due to an emergency.


# Fine Schedule

If the Board of Directors concludes that a violation of the Association Governing Documents has occurred, the Association may impose fines. The fine schedule for violations will be established by the Association and is subject to change from time to time. A copy of the fine schedule will be distributed to each Homeowner at the address listed in the Association’s records. The Association may enforce the collection of any fines or other charges through Assessments or any legal action that is available to the Association as permitted under the Association Governing Documents and/or Applicable Laws, and as deemed appropriate by the Association. Payment of an Assessment or fine or expiration of a suspension period does not eliminate the Resident’s obligation to correct the violation.

Reasonable fines will be levied in accordance with the following schedule and at the discretion of the Board based on the nature, frequency of Recurrence, duration and/or severity of the alleged offense:

Offenses older than 12 months will not be considered when determining the fine for a new offense.

* First Offense: $150
* Second Recurring Offense: $300
* Third Recurring Offense: $600
* Fourth Recurring Offense: $1,200
* Subsequent offenses continue doubling, up to a maximum of $19,200

Any fines are in addition to any other amounts payable to the Association for costs of repairing damage or reimbursing the Association for other expenses which the Association may incur under the Governing Documents.

## No Warning Fines

### Smoking Violation

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 if found in violation at a hearing. Additional incidents of smoking will result in a doubling of the previous fine.

### Driving Wrong Way & Parking Violations

Driving the wrong way in the garage or parking in an unauthorized area will not receive a warning. First incidence will incur a $150 fine if found in violation at a hearing.

### “No glass” in the pool area

Warnings will no longer be given for glass in the pool area. The first incidence of glass in the pool area will incur a $300 fine if found in violation at a hearing. Additional incidents of glass in the pool area will result in a doubling of the previous fine.

## Other Fines

### Covered Smoke Detectors

If spray paint, sanding, or any other work that could potentially set off the smoke detectors or fire sprinklers will be performed, it is permissible to cover smoke detectors and/or fire sprinklers with plastic (and no other material), but the plastic must be removed at the end of each day. If determined that you did not remove the plastic cover, you will be given a Notice of Violation and a Hearing will be scheduled. If found in violation, a fine of $500 will be charged for each smoke detector or fire sprinkler left covered overnight.

### Unauthorized Move

If a mover, homeowner, or lessee attempts to begin a move-in/move-out without a prior reservation and such move will not be permitted to proceed. After notice of a rules violation is issued and a hearing is held, a charge of five hundred dollars ($500) may be levied if found in violation.


# Fee Schedule

A fee schedule as adopted by the Association Board may be amended from time to time. The initial fee schedule is attached. The current fee schedule will be available at the General Manager’s office. If and when the fee schedule is revised, a new fee schedule will be mailed to all Homeowners at the address listed in the Association’s records.

| Item                                    | Fee        |
| --------------------------------------- | ---------- |
| Move-in/move-out processing             | Up to $120 |
| Move-in/move-out deposit (refundable)   | $300       |
| Fob                                     | $40        |
| Combo fob/garage remote                 | $35        |
| Lounge reservation                      | $150       |
| Lounge reservation deposit (refundable) | $100       |
| Bicycle storage                         | $5/month   |
| Service elevator (prorated)             | $20/hour   |
| Small storage closet lease              | $50/month  |
| Large storage closet lease              | $100/month |
| Storage closet lease processing         | $200       |
| Parking permit sticker                  | $25        |
| Blank key                               | $9         |
| Blank control key                       | $9         |

All fees and/or items provided in this fee schedule may be amended from time to time in accordance with the Governing Documents.