Avalon At Eagles Crossing Homeowners’ Association was incorporated as a non-profit mutual benefit corporation. The primary purpose of the Association is to act as the management body for the preservation, maintenance, improvement and architectural control of the common area. The Association is located in Oceanside, San Diego County, California. Avalon is a condominium project which consists of 300 Units. There are two and three bedroom Units. They are low-rise, second-story Units, wood frame with tile roofs. Garages are both attached and detached and one parking space is provided for each Unit. Avalon At Eagles Crossing Homeowners’ Association selects the follow Association Management Company to provide full-service to its members.
Mills Management Services, Inc.
1902 Wright Place
Cornerstone Corporate Center
Second Floor
Carlsbad, CA 92008 Community Association Manager
Chris Mills Email: chris@millsmanagementservices.com Website: www.millsmanagementservices.com
SIMPLIFICATION OF THE COVENANTS, CONDITIONS AND RESTRICTIONS (CC&R’S) IN
ARTICLES IV, V and VI OF THE DECLARATIONS USE OF CONDOMINIUMS
Section 4.1 Each condominium shall be improved, used and occupied for private single-family dwelling purposes only.
BUSINESS OR COMMERCIAL ACTIVITIES
Section 4.2 No business of any kind shall be permitted or conducted in any of the Living Units. Owners may, however, without external evidence, maintain their personal professional library, keep personal business or professional records, or handle his or her personal business or professional calls or correspondence from said premises.
LEASING OF CONDOMINIUM
Section 4.3 Each owner shall have the right to lease his condominium as long as it is in writing and for a period of more than 30 days. In addition, each tenant must be made aware that they are bound by the Declaration and Rules and Regulations just like the homeowners. Failure to comply with these provisions shall be a default of the lease. Owner must provide a copy of the lease agreement to the Association, via the management company, within 10 days of the leasing of the condominium.
PETS Section 4.5
Domesticated pets are allowed, such as dogs, cats, birds and fish. Pets are limited to two and in the case of birds, not more than four. There are no limits as to the number of aquarium-type fish you may keep on the premises. Condominium living does not encourage the keeping of very
large pets. No dog whose barking disturbs other occupants shall be permitted to remain on the Property. The leash ordinance will be enforced, as well as other County Animal Control ordinances meant to protect the rights of others. Needless to say, a "pooper-scooper" is a required apparatus,
with the owner promptly cleaning up after waste has been disposed. No dog shall be left enclosed on a balcony, patio, or within the garage.
INTERFERENCE WITH OTHER OCCUPANTS
Section 4.6 No Living Unit or Exclusive Use Common Area shall be used in such manner as to obstruct or interfere with the enjoyment of your neighbors or annoy them with unreasonable noise. It is expected that common courtesy will be extended to each other. When driving in or out of Avalon, please turn down your radio.
SIGNS Section 4.7
No signs or decals are to be erected or displayed to the public view with the exception of real
estate signs which are reasonably located, in plain view of the public, are of reasonable dimensions
and design, and do not adversely affect public safety, including traffic safety. Security system
decals or Neighborhood Watch decals are permitted.
ANTENNAS, SATELLITE DISHES
Section 4.10 The CC&R restriction prohibiting outside antennas has been modified by the enactment of Section 1376 to the California Civil Code effective January 1, 1996. Satellite dish antennas that are 36 inches OR less in diameter are allowed provided they are installed in an as inconspicuous location as possible. Prior to satellite dish installation, the homeowner is required to submit an Application For Architectural Committee Approval Of Exterior Improvement.
No "citizen band", "ham", radio, microwave transmission antennas or other similar electronic receiving or broadcasting devices are to be installed or maintained on the property. No masts, poles, or flag poles may be constructed or installed without prior written consent of the Board of Directors or the Architectural Committee. (Refer to Satellite Dish Installation and Maintenance Policy, adopted in November, 2000, for further details.)
OFFENSIVE ACTIVITIES AND CONDITIONS
Section 4.12 No noxious or offensive activity is to be carried on in any condominium or common area. Offensive activity is viewed as acting in such a way as to annoy or become a nuisance to other residents. No alterations which would impair the structural integrity of the structure are allowed.
GARBAGE AND REFUSE DISPOSAL
Section 4.13 All rubbish, trash and garbage is to be removed from the property on a regular basis and is not allowed to accumulate. Trash and garbage are to be kept in sanitary containers, in a clean and sanitary condition and in areas where they cannot be seen by others. Empty cardboard boxes and other bulky items should be flattened before placing in the dumpster. Items left outside the dumpsters will not be picked up. Also, if dumpster close to you is full, please use another.
NOTE: For large item pick-ups call Waste Management [WM] for bulk item picked up; use Avalon’s Account # 1411566.
CLOTHES LINES
Section 4.15 No exterior clothes lines are to be erected and there shall be no outside drying or laundering of clothes anywhere in the project. Please refrain from throwing your towels, rugs or bathing suits over your balcony or patio railings.
BALCONIES AND PATIO STORAGE
Section 4.16 Balconies and patios may be used for placing lawn/patio style furniture, barbecues (propane only no briquettes), potted plants and other usual patio use items. Under no circumstances are balconies and patios to be for storage purposes. No toys, umbrellas, boxes shall be stored on balconies and patios. No draping of towels, carpets, laundry or other articles over railings or walls is allowed. Policy Adopted 8/95: Potted plants may not be placed on top of any railing or ledge or on stairs.
Using your balcony/patio as a kennel for your pets is prohibited, as well as no mops, brooms, laundry, blankets, bedding, towels, screen doors, etc., stored, leaning or draped on patios and balconies.
CAR MAINTENANCE
Section 4.17 No car maintenance, servicing, repairing, assembling, disassembling, modifying or restoring shall be permitted-other than emergency work. No power equipment other similar apparatus may be used in the community without written approval of the Board. Consideration will be based on the effects made by the noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception and other similar objections.
COMMON AREA The Association operates the Common Area in accordance with the Declarations and Bylaws. Common Area refers to all areas and improvements outside your Living Unit including swimming pool, spa, tennis court, Avalon Clubhouse (Recreation Building), Exercise/Workout Room, Tot Lot, private driveways, landscaping and the parking lot.
USE OF COMMON AREA
Section 4.18 The Common Area shall be used only for the following purposes: Vehicle passage, parking and pedestrian movement within the property; recreational use by Owners/occupant of Living Units and their guests. No part of the Common Area shall be obstructed so as to interfere with its use for the purposes permitted. Nor shall any part of the Common Area be used for storage purposes.
LIABILITY FOR DAMAGE TO COMMON AREA
Section 4.20 Owner shall be legally liable to the Association for all damages to the Common Area caused by Owner, guest or occupants of Owner’s Living Unit.
Section 4.21 Subject to the provisions of this Declaration, applicable provisions of law and Civil Code Section 1360, each Owner shall have the right, at his sole cost and expense: To make any improvement or alteration within the boundaries of his Living Unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Common Area.
VEHICLE RESTRICTIONS
Section 4.23 No trailer, recreational vehicle, camper, camper shells which are higher than the respective cab, motor home, commercial vehicle, trucks, boats and/or trailer or inoperable vehicles shall be permitted to remain upon any area within the project. Commercial vehicles shall not mean those sedans or standard size vans and pickup trucks which are also used for personal use, provided that the commercial markings are not obtrusive or offensive.
PARKING; GARAGE STORAGE; SPEED LIMIT
Section 4.24 Avalon has parking for Resident Parking only. In addition to garages, there is one parking space assigned to each unit. Residents may allow their guests to park in their assigned parking space. Private parking signs have been installed at all entries to prevent unauthorized parking by the public.
Garages and parking spaces shall be used to park standard type vehicles: sedans, pickup trucks, or vans as long as such vehicle can be fully enclosed in the garage. Vehicles must be licensed, operating vehicles when parked at Avalon. Non-compliance of this rule will result in the vehicle being towed at the owner’s expense.
Garage doors must remain closed for security reasons except when occupied. Garages shall be kept available & usable for the parking of owner’s or tenant’s vehicle at all times and no garage shall be converted into any use that would prevent its use as a parking space for a vehicle.
No owner or tenant shall park more vehicles in the community at any one time than the number that can be parked in the garage or assigned parking space. The speed limit on all private streets in the Property is 10 miles per hour.
TOWING
Section 4.25 The Association will tow any vehicle wrongfully parked on its property, including a vehicle owned by an occupant, such as vehicles parked in marked fire lanes, within 15 feet of the fire hydrant, a designated handicapped parking space, or blocking an entrance or exit or any Unit, parking space or driveway. Vehicles not authorized to park in the common area will be removed at the owner’s expense.
ENTIRETY OF LIVING UNIT
Section 4.26 No Owner may sell, assign, lease or convey his interest in the Common Area separate and apart from his Living Unit nor any portion of or appurtenance to his Living Unit apart from the entire Living Unit.
ARCHITECTURAL AND DESIGN CONTROL – GENERAL
Section 5.1
(AVALON ARCHITECTECTURAL REQUEST REQUIRMENTS) No building, fence, wall, pool, spa, obstruction, outside or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, trellis, front screen door, improvement or structure of any kind shall be commenced, erected, placed, painted or maintained upon the Project, nor shall any alteration or improvement of any kind be made thereto, until the same has been approved in writing by the Board, or by an Architectural Committee appointed by the Board.
The foregoing notwithstanding, Owners may improve or alter any improvements within the interior boundaries of the Owner’s Living Unit provided such improvement or alteration does not impair the structural integrity of any Common Area, the utilities, or other systems servicing the Common Area or other Condominiums, and does not involve altering any Common Area (including bearing walls).
Complete plans and specifications showing the nature, kind, shape, color, size, height, materials to be used and location of any proposed improvements or alterations shall be submitted to the Board or to the Architectural Committee for approval as to quality of workmanship, design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation.
No permission or approval shall be required to repaint in accordance with Declarant’s original color scheme previously approved by the Committee or the Board, or to rebuild in accordance with plans and specifications previously approved by the Board or its committee. Nothing contained herein shall be construed to limit the right of an Owner to paint the interior of his Living Unit any color desired.
NOTE: If you are restoring your Unit’s interior to original material, no request is needed. However, if you are modifying your Unit’s interior with different material, a request is required because it may impact the structure. A permit and inspection may be required by the City of Oceanside for some items. Please put as much information on the ‘Avalon at Eagles Crossing Homeowners Association Request For Architectural Improvement’ Form, so the Architectural Committee may assist you faster.
OWNER RESPONSIBILITY FOR LIVING UNIT
Section 6.2 Each Owner of a Living Unit shall be responsible for the maintenance, repair, and replacement of the following items relating to the Owner’s Living Unit;
Doors Attached To The Unit, Whether Interior Or Exterior, Glass or Otherwise
Windows
The Metal Frames and Tracks Of Doors And Windows
All Hardware Attached To The Doors And Windows Which Are Attached To The Unit
Interior Of The Living Unit, Including Interior Surfaces
All Appliances, Whether Built-In Or Free-Standing Within The Unit
Plumbing, Heating, Ventilating And Air Conditioning Systems, Including Air Conditioning Compressors, Whether Located In The Common Area Or Any Exclusive Use Common Area, Which Service The Owner’s Unit
Television Cable Equipment, Wires And Connections, Provided That The Foregoing Are Used Or Operated Exclusively By Such Owner and Not In Common
Telephone Wiring Provided That The Foregoing Is Used Or Operated Exclusively By Such Owner and Not In Common
Equipment And Fixtures Including Light Fixtures, Provided That The Foregoing Is Used Or Operated Exclusively By Such Owner and Not In Common Area
Mailbox Lock
Clothes Dryer Vents
EXCLUSIVE USE COMMON AREA
Exclusive Use Common Area refers to balcony/patio attached to Living Unit and the appurtenant garage. This means that only the homeowner or tenant can make use of these areas. However, the Association maintains the right to regulate the aesthetic appearance of exclusive use common areas.
OWNER RESPONSIBILITY FOR EXCLUSIVE USE COMMON AREA
Section 6.3 Each Owner shall be responsible for the maintenance and cleaning of the interior surfaces of garage, patios and balconies, including interior surfaces of garage door and hardware and any interior facing wood or stucco rails, fences walls, and flooring of balconies and patios.
Each Owner is also responsible for the maintenance, repair, and replacement of lighting fixtures (including light bulbs and the lighting fixtures located at the front, rear or side entrances to a Living Unit) and other appliances so long as such fixtures and appliances are not used in common with other Owners.
Policy Adopted 3/99: Hooks, adhesives or any other such hardware which would cause damage or discoloration are not to be installed in the outside stucco surface of any building.
NOTE: Each Owner shall be responsible to clean and weather-proof patios/balconies, windows and sliders of the Owner’s Living Unit to prevent water intrusion and damage to your Unit in the rainy season. DO NOT block the drain holes and gutters on your patios/balconies. If blocked, it will not allow the water to drain out the drain holes and standing water can cause immeasurable damage and expense. Owners are responsible for their own pest control.
RESPONSIBILITY OF ASSOCIATION
Section 6.5 The Homeowners Association shall be responsible for the maintenance, repair, and replacement of the following common area except when damage is due to any negligent act of an Owner, occupant, guest, or invitee:
Recreation Facilities including Recreation Building
All Utility, Sewer, or Drainage Systems not maintained by a public entity or utility company, or improvement district where such systems are used to provide services to common area facilities
Private Roads
Parking Lots And Spaces
Walkways
Vehicle Medians
Foundations
Lighting located in the Common Area, including Exclusive Use Common Area, which are not exclusively used by one Owner
Landscaped And Open Space Areas
Swimming Pool And Spa
Restrooms
Steam Room
Roofs, Gutters And Downspouts
Exercise Equipment
Tennis Courts
Picnic And Barbecue Facilities
All Common Area Fences, Walls, and Railings which are within or delineate Exclusive Use Common Areas, but to the extent that such maintenance, repair, and replacement is due to normal wear and tear
Maintenance and Repair of Common Area to control the presence of or damage caused By Wood-Destroying Pests.
The Association may enter into any Condominium or Exclusive Use Common Area as may be necessary in connection with the construction, maintenance or emergency repair of the Common Area.
RULES AND REGULATIONS (R&R’s) THE BOARD OF DIRECTORS RESERVES THE RIGHT TO ADD, MODIFY OR DELETE ANY OF THE BELOW STATED RULES AND REGULATIONS.
PARKING TAGS REQUIRED Private parking signs have been installed at all entries to prevent unauthorized parking by the public. Two parking tags are issued to each Living Unit. Residents may allow their guests to park in their assigned parking space. Guest vehicles must display a parking tag. Any vehicles without permits will be fined and/or towed from the complex. Homeowners are responsible for their guests and tenants following the parking rules.
PUTTING GREEN The putting green is to be used only for putting. No other activities such as football, Frisbee, baseball, catch, or picnics will be allowed. No pets are allowed on the putting green. The Association will hold the homeowner responsible for any and all damages which may occur.
CLUBHOUSE PRIVATE FUNCTIONS The use of the clubhouse area shall include the clubhouse and clubhouse patios. Guests at a clubhouse private function may not have access to use of the pool, spa, steam room, exercise room, tennis court, playground or other areas outside the clubhouse. A clubhouse application must be requested and submitted for approval a minimum of two weeks in advance. Security deposits and other conditions can be revised as needed. Tenants must have written approval of the Homeowner. The Association will hold the Homeowner responsible for any and all damages which may occur. All party guests must park outside of Avalon. Please keep the noise level within reason. Do not park in front of the clubhouse except for loading and unloading.
GARAGE SALES PROHIBITED For security reasons and to protect the aesthetic appearance of the community, garage sales or yard sales of any type are not allowed at Avalon.
LITTERING Littering of any kind is taken seriously at Avalon. All residents are expected to pitch in and do their part by keeping the community neat and clean. This includes, but is not limited to, such actions as not picking up your papers, or discarding food wrappers and cigarettes on common areas or off patios and balconies. It is these little things that soon accumulate into big things if they are not watched.
CHILDREN Owners are responsible for the actions of their tenants, family members, guests and invitees, and will be financially responsible for any damage done to the common areas caused by themselves or their tenants, family members, guests and invitees. Willful destruction or vandalism of Association property will not be tolerated, and any damages will be billed to the owners in addition to possible fines and other disciplinary actions. Because of the probability of damage to the building, especially the floor surfaces, wheeled means of personal transportation, including but not limited to, bicycles, skateboards and rollerblades can only be used outside on concrete sidewalks or streets (when legally permitted). Parents are encouraged to provide appropriate supervision for their minor children as the Association does not, and cannot, provide such supervision.
WINDOW COVERINGS
All homeowners must install interior window treatments on all windows within 60 days after the close of escrow. Approved window treatments are drapes, blinds, shades and shutters. The approved exterior side of the window treatment color must be white or off white only, it must blend with the stucco color of the exterior fascia of the buildings.
EXERCISE/WORKOUT ROOM Owners are responsible for the actions of their tenants, family members, guests and invitees, and will be financially responsible for any damage done to the exercise/workout room caused by themselves or their tenants, family members, guests and invitees. Parents are encouraged to provide appropriate supervision for their minor children at the exercise/workout room as the Association does not, and cannot, provide such supervision. No Pets are allowed. Bring a small towel or antibacterial wipes with you to the fitness room because you are required to wipe down the equipment before and after use. Be sure the doors are locked when you leave.
NOTE: Exercise Room/Workout Room hours are from 7 a.m. to 11 p.m.
TENNIS COURT Non-marking soled tennis shoes must be worn while on the court. Food and alcohol are not permitted. No glass containers are allowed. Guests must be accompanied by a homeowner/resident. Pets, wheeled toys, equipment, vehicles or similar devices are prohibited on the tennis courts.
TOT LOT The Tot Lot is designed for small children and toddlers, only! For the safety of small children, glass containers and pets are prohibited from entering the Tot Lot. Parents are encouraged to provide appropriate supervision for their minor children in the Tot Lot as the Association does not, and cannot, provide such supervision. There is no entering the Tot Lot by climbing over the fence, only a Recreation Facilities Key is to be used to enter.
VISITORS All visitors must be accompanied and supervised by a responsible adult resident 18 years of age or older from the host Unit when using recreational facilities. All residents are responsible for their guests.
RECREATION FACILITIES KEY One FOB key fits all of the recreational facilities. Every homeowner is issued ONE FOB key with a serial number. There will be times when you will be asked to present your FOB key as identification. Please make sure that you keep your FOB key in safe place. The replacement cost is $100.00.
