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Annual Budget Report (Required Civil Code Sec.
4525)
The Village Serramonte Homeowners Association
Articles of Incorporation (Required Civil Code Sec. 4525)

NOTICE
"If this document contains any restrictions based on
race, color, religion, sex, familial status, marital status,
disability, national origin or ancestry, that restriction
violates state and federal fair-housing laws and is void,
and may be removed pursuant to subdivision of
Section 12956.1 of the Government Code. Lawful
restrictions under state and federal law on the age of
occupants in senior housing or housing for older
persons shall not be construed as restrictions based on
familial status."
FJLE
TU
OFFICE OF THE
SECRETARY OF STATE
I, EDMUND C. BROWN JR. Seaetary of State of the State of California. hereby
cerrn:
That the annexed transcript has been compared with the aco on ifie in this
office, of which it purports to be a copy, and that same is fulL thie and correct.
IN WITNESS WHEREOF, I execute

this certificate and affix the Great
Seal of the State of California this
II?' Y
1q74
2-N
Secretary of St.n.
08904
4Afl 'Cj
0
tfrtCLJd
ENDORSED
FILED
in .*e Ce 5a.L.7 Ce StS.
ARTICLES OF Ir4CORPORATIOr4
aiS5tSflECaIfSfl
JUL31 1974
EDMUIIDG.BIOVI%S.CNW,OISI
OF
By
TilE VILLAGE SERRAMOt4TE HOMEOWIJERS ASSOCIATION
JA145 I. HARRIS
D.puty
ARTICLE I
NAME
The name of the corporation. hereinafter called the

"Associ ati
on" is THE
VILLAGE SERRAIIOUTE HOMEOWnERS ASSOCIATIOH.

ARTICLE
II
PRINCIPAL OFFICE
The principal office of the Association is located in

San Mateo County, California.
ARTICLE III
PURPOSE ANO POWERS OF THE ASSOCIATION

This Association is organized pursuant to the General
MonProfit Corporation Law. This Association does not contemplate

pecuniary gain or profit of the members thereof, and the specific
purposes for which it is farmed are to provide for the care, maintenance, and preservation of the resident Units and Common Area
within that certain tract of property described as:
"FINAL lAP of THE VILLAGE SERRAMOUTE, A CondoniniUm
Project, City of Daly City. California, a Condominium filed for record in the office of the County
Recorder of the County of San Mateo. State of California on June Ii, 1974. in Volume 85 of Maps, at
Pages ito 17, inclusive."
and any additions thereto as hereafter may be brought within the
jurisdiction of this Association by annexation, all of which
property is herein referred to as the "subject property" and to
promote the health, safety and welfare of the residents within
the abovedescribed subject property.
In furtherance of said purposes, this Association shall

have
power to:
of the
all of the powers and perform all
(a) exercise
as set forth in
of the Association
duties and obligations
and RestricDeclaration of Covenants, Conditions
that certain
property and recorded or
to the subject
tions, applicable
of the Recorder of San Matco
in the office
to be reccrde
to as the "Oeclaratiori":
hereinafter referred
County, California,
payment by any
collect and enforce
(b) fix, levy,
to the
charges or assessments pursuant
lawful means, all
connection
Declaration; to pay all expenses in
terms of the
incident to the
office and other expenses
therewith and all
l1
business of the Association, including
conduct of the
levied or Imposed
licenses, taxes or governmental charges
of the Association;
lease or otherwise),
gift, purchase,
(c) acquire (by
convey,
improve, build upon, operate. maintath,
own, hold,
to public use or otherwise
transfer, dedicate
sell, lease,
connection with the
property in
or
personal
dispose of real
against the property
affairs of the Association;

the assent (by vote
and
only
with
borrow money,
(ci)
of each class of
twothirds
(2/3)
or written consent) of
hypothecate
pledge, deed n trust, or
Members, mortgage,
as security
personal property
of
its
real
or
any or all
for money borrowed
or debts incurred;
Ce) dedfcate,
sell or transfer
all or any part of
the Association
the Common Area owned by
agency, authority,
such
purposes and
agreed
assesstert district,
or utiflty
fer
subject to such cond tions as may
to by the flembers. ard
Oecaratthn.
to any public
as provided
in the
or transfer shall be
flo such dedication

instrument has been signed by two
effective unless an
to
Members, agreeing
each
class
of
thirds (2/3) of
dedication,
sale or transfer;
such
(f) participate in lergers and consolidations with

other non-pofit corporations organized for the same purposes or annex additional residential property and Common
Area, provided that any such plerger, consolidation or
annexation shall have the assent by a vote of twothirds

(2/3) of each class of Members or by the written consent of
all of the Members;
(g) have and to exercise
any and all
powers,
rights
and privileges which a corporation organized under the

General NonProfit Corporation Law of the State of California
by law may now or hereafter have or exercise;
to carry on any activity whatsoever, either as
(Ii)
principal agent or partner, which this corporation nay deem

proper: or convenient in connection with any of the fore-
going purposes or otherwise, or which may be calculated

directly or indirectly to promote the interests of this
corporation.
The foregoing statement of purposes shall be construed as

a statement of both purposes and powers, and the purposes and powers
stated in each clause shall, except where otherwise expressed, be
in no way limited or restricted by any reference to or inference from
the terms and provisions of any other clause, but shall be regarded as
independent purposes and powers. Notwithstanding any of the above

statements of purposes and powers, this corporation shall not engage
in activities which thernseves are not in furtherance of the purposes
set forth in this Article III and nothing contained in the foregoing
statement
of purposes shall be construed to authorize this
on any activities for the profit of its tiembers or

any gains, profits, or dividends to any of its Members
ation to carry
to
distribute
corpor-
as such, except upon dissalution or winding up.
ARTICLE IV
MEN BE PS H I P
Every person or entity who is a record owner of a fee or

undivided fee interest in any Unit, which is subject by the Declaratic
of record to assessment by the Association, including contract
sellers, shall be a Member of the Association. The foregoing is not

intended to include persons or entities who hold any interest merely
as sethirity for the performance of an obligation. F4embership shall
be appurtenant to and may not be separated from ownership of any

Unit which is subject to assessment by the Association.
ARTICLE V
VOTI4G RIGHTS
The Association shall have two classes of voting membership:

CLASS A.
Class A Members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one (1)
vote for each Unit owned. When mare than one 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 (as

defined in the Dec'aration) and shall be entitled to three (3)
votes far each lot owned. The Class B membership shall ceasc
and be converted to Class A membership on the happening of
either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the

Class A membership equal the
in
total votes outstanding
the Class B membership; or
(b) on Oecember 31, 1976.
,*t(ILLLt Vi
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a

Board of five (5) Directors who must be Members of the Association
in good standing. The number of Directors may be changed by amendment

of the ByLaws of the Association. The names and addresses of the
persons who are to act in the capacity of Directors until the
selection of their successors are:
ADDRESS
NAME
1815 Via El Prado
CARL COVITZ
Redando Beach, California.
15130 Ventura Boulevard
JACK SHINE
Sherman Oaks. California
DAVID BOCK
DAVID DOREMUS
15130 Ventura Boul evard
EARL THORNBURGH
Sherrran Oaks. California
At the first annual meeting of the Association, the OwnerS")

shall elect five (5) DirectorS for a term of one (1) year each.
At the expiration of the tern of years for which each representative

Director has been elected, his successor shall be elected to serve )
for the sane tern of one (1) year each.

ARTICLE VII
DI S SO LU TI ON
The Association may be dissolved with the assent given In
power of the Association. This corporation is one which does not

contemplate pecuniary gain or profit to the Members thereof and it is
organized solely for nonprofit purposes. Upon the winding up and

dissolution of this corporation, after paying or adequately providing
for the debts and obligations of the corporation, the remaining assets
shall be distributed to an appropriate public agency to be used far
purposes similar to those for which this Association was created, in
the event that such distribution is refused acceptance, such assets

shaH be granted. conveyed and assigned to any nonprofit corporation,
association, trust or other organization organized and aperated for
such similar purposes.
ARTICLE VtII
DURATION
TIe corporation shall exist perpetually.

ARTICLE IX
AMENDMENTS
Amendment of these Articles shall require the assent (by

vote or written
consent) of Members representing seventyfive percent
(75%) or more of the voting power.
1(1 WtTNESS WHEREOF, for the purpose of forming this
corporation under the laws of the State of Caflfornia. we, the

undersigned, constituting the incorporators of this Association, have
execute4 these Articles of Incorporation this /c

____________________
of
Cr
1974
day of
STATE OF CALIFORNIA
COUNTY CF
Los Angeles
ss.
On this 1th day of

,
jury
1974, personally
appeared beforerne, the undersigned, a Notary Public, _____________
Carl 0.
Covitz,
Jack Shine. David Bock,
Zari Thornburh
David
Dorerutis and
known to me to be the persons whose names are subscribed to the within

instrument, and they acknowledged to me that they executed the same.
III JITESS WHEREOF, I have hereunto set nly hand and affixed
ny official seal the day and year first above written.
+..
OflICIAL SEAL
PWI?CIPM. OFFtCE IN
LOS ANGELIS
MI Cemi.iujoii
EnS. jaiway 31. 1973
4e
g4' Ltt6-,
1
SlIMY BENIF1ELD
:
NOTAAYPUBLJC.CALIFORNLA
'
',JetLLrU
l1ntrv7)PiIb1
C. Sliary Beutfield
Bylaws (Required Civil Code Sec. 4525)

BYLAWS OF
TIlE VILLAGE SERRAMONTE
HOMEOWNERS ASSOCIATION
(As Amended in 1995)
TABLE OF CONTENTS
ARTICLE I - ASSOCIATION GENERALLY
Section 1. Name and Location
Section 2. Purpose
ARTICLE H - MEMIBERSITAP
ARTICLE ifi - MEMBERSHIP VOTING

Section 1. Member Voting Rights
Section 2. Cumulative Voting
Section 3. Proxies
Proxies Generally
Effectiveness of Proxies
Validity of Proxies With Respect to Certain Material
Transactions
Limited Proxies
Restriction or Elimination of Proxy Rights: Limitation on
Authority
Proxy Rules for Memberships Held by More Than One Person .
No Proxy Voting in Connection With Written Ballots (cast without
ameeting)
Toward Quorum
Proxy Given to the Board
Proxy Given to Any Director
U)
Section 4. Action Without a Meeting
Section 5. Contract Purchasers
(fl
ARTICLE IV - MEMBERSHIP MEETINGS

Section 1. Types of Meetings
Annual Meetings
Special Meetings
Section 2. Conducting Meetings
Section 3. Meeting Notices
lime of Notice
Conveyance of Notice
Content of Notice
Section 4. Quorum Requirements
Section 5. Inspectors of Election
ARTICLE V - BOAR]) OF DIRECTORS
Section 1. General Association Powers
Section 2. Directors
Number
Term of Office
Compensation
1
1
1
2
2
2
2
2
3
3
3
3
4
4
4
4
4
4
4
4
4
5
5
5
5
5
5
5
5
6
6
6
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BYLAWS OF
THE VILLAGE SERRAMONTE
TABLE OF CONTENTS - Continued
U)
(g)
(h)
Section 3.
U)
Determination of Election Results and Succession to Office

Vacancies Generally
Resignation
Removal
By Board
By Members
Filling Vacancies
Officers
Election
Term of Office
Special Appointments
Resignation
Removal
Vacancies
Multiple Offices
Duties of Officers
President
Vice President
Secretary
Treasurer
-
ARTICLE VI - BOARD MEETINGS

Section
Regular Meetings.
Section
Special Meetings
Section
Notice
Section
Quorum Requirements
Section
Action Without Meeting
Section
Participation by Members
Section
Executive Session
ARTICLE VII- COMMITTEES

Section 1. Generally
Section 2. Nominating Committee
Section 3. Other Committees
ARTICLE VIII Section 1.
Section 2.
Section 3.
Section 4.
6
6
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6
7
7
7
7
7
7
8
8
8
8
8
8
8
8
8
9
9
9
9
9
10
10
10
11
11
11
11
DUTIES AND POWERS OF THE BOARD

Generally
Association Finances
Limitations on Power of Board
Inspection of Books and Records
Member Inspection Rights
Director Inspection Rights
Adoption of Reasonable Inspection Rules
Section 5. Rules
11
11
13
13
14
14
14
14
14
11
BYLAWS OF
[HE VILLAGE SERRAMONTE
TABLE OF CONTENTS - Continued
Section 6. Manager
Section 7
14
14
Enforcement
ARTICLE IX - INDEMNIFICATION
Section
Indemnification of Association
Section Indemnification by Association of Directors, Officers, Employees, and
Other Agents
Section
Advancement of Expenses
Section
Insurance
Section
Limitations on Personal Liability of Individual Directors
ARTICLE x - TAX EXEMPT STATUS

Section I. Tax-Exempt Status
15
15
15
15
15
15
15
15
15
Section 2. Filing
ARTICLE XI - MISCELLANEOUS
Section
Amendment of Bylaws
Section
Tape Recording
Section
Conflict
Section
Corporate Seal
Section
Fiscal Year
15
15
16
16
16
16
SECRETART5 CERTIFICATION
16
lii
BYLAWS OF
TIlE VILLAGE SERRAMONTE
HOMEOwNEis ASSOCIATION
These Amended Bylaws of The Village Serramonte Homeowners

supersede any and all earlier Bylaws and amendments thereto ("Former Association ("Bylaws")
Bylaws"). These Bylaws
are a companion document to the Declaration and defined terms (in bold)
in these Bylaws have
the same meaning as in the Declaration.
ARTICLE I
ASSOCIATION GENERALLY
Section 1. Name and Location. The name of this Nonprofit Mutual Benefit
Corporation
is "THE VILLAGE SERRAMoq
HOMEOWNERS ASSOCIATION," (hereinafter referred
to as the "Association"). The principal
location of the office of the Association is in the County
of San Mateo, State of California.
Section 2. Purpose The Owners of the Condorniniun

constitute the Association.
The purposes of the Association are:
facilities;
to own, repair, maintain and/or manage the Common Areas and
common
to enforce the rules adopted from
time to time by the Board of Directors,

and the terms and conditions of the Declaraflon
of Covenants,. Conditions and
Restrictions of the Village Serramonte Homeowners Association;
to enhance and promote the use and enjoyment of the Common

Areas and
common facilities by the Owners in common;
to maintain the aesthetic architectural standards of Village Serramonte;
and
to enhance and protect the quality of life of residents.
ARTICLE II
MEMBERSHIP
Every Owner of a Unit within Village Serramonte
is a Member of the Association.
Membership in the Association is linked to, and
may not be separated from, ownership of any
Unit. Upon the sale, conveyance or other transfer
of Owner's interest in a Unit, the
Owner's membership interest shall automatically transferan
to the Unit's new Owner(s).
ARTICLE III
MEMBERSHIP VOTING
Section 1. Member Voting Rights. On each matter submitted
to a vote of the
Members, each Member shall be entitled to cast
one vote for each Unit owned by such
Member. When more than one (1) person owns an interest
in a single Unit, the
vote for each
Feingold & Youngling. PLC

810 Fifth Ave., San Rafael, CA 94901
(415) 454-1090
1
ARTICLE m - MEMBERSHIP VcXnNG
Unit must be cast as a majority of co-owners of the Unit shall determine. Any vote cast by a
single Member shall be deemed the authorized vote for that Unit. If conflicting votes are cast
for the Unit, no vote shall be counted except a single vote shall be counted for purposes of a
quorum.
Section 2. Cumulative Voting. Cumulative voting shall not be permitted.
Section 3. Proxies.
(a)
Proxies Generally. Any Member entitled to vote may do so either in

person or by one or more agents authorized by a written proxy signed by the Member
and filed with the Secretary of the Association. A proxy may specify a specific duration
such as an annual meeting or specify up to three years from the date of execution. If no
term is specified, it shall be valid for 11 months from the date of execution. To be valid,
a proxy must be signed and dated.
(b)
Effectiveness of Proxies. A proxy continues in force until revoked by the
issuing Member prior to the vote or on expiration. Any proxy may be revoked by the
Member at any time prior to the vote by:
revocation,
meeting, or
delivery to the Secretary of a signed, dated, written notice of

a later proxy signed and dated by the Member and presented at the
by attendance at any meeting and voting in person by the Member.
A proxy shall be deemed revoked when the Secretary receives actual notice of the
death or judicially declared incompetence of the Member issuing the proxy, Or upon
termination of such Member's status as an Owner.
(c)
Validity of Proxies With Respect to Certain Material Transactions.
Any proxy given with respect to any of the matters described in this subparagraph (c)
shall be valid only if the proxy form sets forth a general description of the nature of the
matter to be voted on. The matters subject to this requirement are:
Removal of Directors without cause;
Filling of vacancies on the Board;

Approval of contracts or transactions between the Association and
one or more of its Directors, or between the Association and a corporation, firm
or association in which one or more of the Directors has a material financial
interest;
Declaration;
Amendment of the Articles of Incorporation, these Bylaws, or the
ARTICLE ifi - MatBERsiup V(ynnc
Action to change any Association Assessments in a manner
requiring membership approval under the Declaration;
Sale, lease, exchange, transfer or other disposition of

substantially all of the Association's assets otherwise than in the regular all or
course
of the Association's activities;
merger; and
Merger of the Association or an amendment to an agreement of

Voluntary dissolution of the Association.
(d)
Limited Proxies.
I.
Any proxy distributed to 10 or more Members
afford an
opportunity on the proxy to specgy a choice between approval ormust
disapproval of
any matter or group of related matters intended, at the time the proxy is
distributed, to be acted upon at the meeting for which the proxy is solicited.
If
the proxy lists one or more matters to be acted upon and the issuer of the
proxy
has specified a choice with respect to any such
matter (including a preference in
voting for candidates for
election to the Board), the
proxy holder shall be

obligated to cast, the vote represented by the proxy in
accordance
with the issuer's
designated preference.
2.
Proxies distributed in connection with the election of Directors shall
set forth the names of all individuals who are candidates for election
to the Board
of Directors at the time the proxy is issued: The proxy form shall contain
boxes
or lines where the issuing Member can express his or her voting preference.
If
the proxy directs that the authority to vote for the

election of Directors is
withheld, the proxy holder shall not vote the proxy either
for or against the
election of a Dir6ctor. If any proxy issued in connection with
election of
Directors is marked so as to direct the proxy holder to vote thethe
proxy
for or
against. 1a specified candidate or candidates, the proxy holder shall
vote in
accordance with the direction
of the proxy issuer.
Restriction or Elimination of Proxy Rights: Limitation
on Authority.
No amendment of the Articles or Bylaws repealing, ietxicling,
or
expanding
proxy rights
may be adopted without approval by the affirmative vote of
a
majority
of
Members
(89
votes) represented and voting at a duly held meeting at which
quorum is present, or by
the affirmative vote of a majority of Members (89 votes) byawritten
ballot.
Proxy Rules for Memberships Held by More Than One Person.
Where
a membership is held by more than one person, any proxy signed by a single Member
shall be deemed the authothed proxy for that Unit. In
for a single Unit, no proxy shall be counted for thatthe event of conflicting proxies
Unit except for purposes of
achieving a quorum.
No Proycy Voting in COnnection With WrittenBallots (cast without a
meeting). Proxy voting shall not be allowed when Members'
votes are solicited by
written ballot to be cast without a meeting.
AWHCLE ifi - MEMBERSHIP Vormic
(h). Toward Ouorum. If noted on the proxy, a proxy may be counted solely
toward achieving a quorum and with instructions to abstain on all substantive votes.
(i)
Proxy Given to the Board. If a proxy is given to the Board generally
without direction as to how any vote shall be cast, the proxy shall be counted as a
majority of the Board directs.
Proxy Given to Any Director. If a proxy is given to any individual

U)
Director, without direction as to how to vote, the vote may be cast as that Director
deems appropriate.
Section 4. Action Without a Meeting. Any action which may be taken by the vote of
Members at a regular or special meeting, may be taken without a meeting if:
the Association distributes a written ballot to every Member entitled to
vote on the matter (no proxies are distributed in this process);
the ballot sets forth the proposed action, provides an opportunity to specify
approval or disapproval of any proposal and specifies a reasonable time within which to
return the ballot to the Association in order for it to be counted; and
the solicitation indicates the number of responses necessary to meet the

quorum requirement and, as to ballots other than for the election of Directors, states the
percentage of approvals necessary to pass the proposal.
Approval by written ballot is valid only when the number of votes cast by ballot within
the applicable time period equals or exceeds the quorum required to be present at a meeting
authorizing the action, and the number of approvals equals or exceeds the number of votes that
would be required to approve at a meeting at which the total number of votes cast was the same
as the number of votes cast by ballot. The Board may, at its sole option, extend the time fixed
for return of the ballots.
Section 5. Contract Purchasers. A Member who has sold his or her Unit to a contract
purchaser under an agreement to purchase may delegate to such contract purchaser his or her
membership rights in the Association. Any such delegation shall be in writing and shall be
delivered to the Board before such contract purchaser may vote. However, the contract seller
shall remain personally liable for all charges and: Assessments. until fee title tothe Unit is
transferred to the contract purchaser. Notice of the transfer of title shall be delivered to the
Association.
ARTICLE IV
MEMBERSHiP MEETINGS
Section 1. Types of MeetinEs.

Annual MeetinEs. Annual meetings of the Association shall be held in
February of each calendar year. Meetings shall be held in the Recreation Building or
such location as close to Village Serramonte as reasonably possible.
special Meetings. Special Meetings of the Members may be called at any
time by the President or by two Directors. Additionally, a Special Meeting of the

4
Aicrza.E IV - MSmER5IUP Mn'wcs
Members of the Association shall be promptly called upon receipt of a written request
for such a Special Meeting signed by Members representing five percent (5%) of the total
voting power of the Association.
Section 2. Conducting Meetings. Meetings of Members shall be conducted in

accordance with a recognized system of parliamentary procedures or such parliamentary
procedures as the Board may adopt.
Section 3. Meeting Notices. Written notice of regular and special meetings of the
Members shall be given as follows:
Time of Notice. Notice for a meeting shall be given not less than 10 nor
more than 90-days before the date of the meeting. A meeting called pursuant to petition
of the Members shall be set at least 35 but not more than 90 days after receipt by the
Board. of the request.
Conveyance of Notice. Notice of each meeting shall be given to each

Member at either (i) the address of the Unit or (ii) the address supplied by such Member
to the Association for the purpose of notice.
Content of Notice. Notice of a meeting shall specify the place, thy and
hour of the meeting. Notice of a special meeting shall also state the purpose of the
special meeting.
Section 4. Ouorum Requirements. The presence at the meeting of fifty percent (50%)
of the voting power shall constitute, a quorum for any action. (Based on 177 Units,
this is 89
votes.) If a quorum is not represented a. majority of the Members present, in person or by
proxy, may adjourn the meeting, without notice other than announcement at the meeting; to
another time not less than five (5) nor more than thirty (30) days from the date of the original
meeting. The quorum for any such adjourned meeting shall be twenty-five percent (25%) of the
total voting power of the Members. (Based on 177 Units, this is 45 votes.) 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 regular
meetings.
Section 5. Inspectors of Election. The Board may appoint one or three inspectors of
election to act at any membership meeting to determine the number of memberships
at the meeting, the existence of a quorum, the authenticity, validity and effect of represented
proxies or
ballots, receive votes or ballots, hear and determine all challenges and questions in any way
arising in connection with voting, count and tabulate all votes, determine when the voting shall
close, determine the result and do such other acts as may be proper to conduct the election or
vote with fairness to all Members.
ARTICLE V
BOARD OF DIRECTORS
Section 1. General Association Powers. The Board of Directors shall have the power
and authority to conduct the business and affairs of the Association in any lawful manner,
consistent with the Governing Documents.
ARTICLE V - BOARD OF DDECWRS
Section 2. Directors.
(a)
Number. The affairs of the Association shall be managed by a Board of
five (5) Directors who shall be Members of the Association with all Assessments current
and who are not subject to any suspension of membership rights.
(b)
Tenn of Office. The term for all Directors shall be two (2) years. Three
(3) positions shall be elected in even years, and two (2) positions shall be elected in odd
years. Each Director, including a Director elected to fill a vacancy Or elected at a
special meeting of Members, shall hold office until the expiration of the term for which
elected and until a successor has been elected and qualified.
(c)
Compensation. No Director shall receive compensation for any services
rendered to the Association as a Director; provided, however, that a Director may be
reimbursed for his or her reasonable expenses actually incurred in the performance of his
or her duties as a Director of the Association. Expenses for which reimbursement is

sought shall be supported by a proper receipt or invoice signed and dated by the Director
claiming the expense.
(d)
Determination of Election Results and Succession to Office. Election
to the Board shall be by confidential written ballot. At such election the Members or
their proxies may cast, in respect to each vacancy, as manyvotes as they are entitled to
exercise under provisions of the Declaration and these Bylaws. The persons receiving
the largest number of votes, up to the number of Directors to be elected, shall be elected
and, if present, shall take office at the conclusion of voting. If not present, he or she
shall take office after notification of the election results and on the first thy of the next
month.
(e)
Vacancies Generally. A vacancy on the Board of Directors shall be
deemed to exist on the occurrence of any of the following:
the disqualification, death, resignation, or removal of a Director

under sections (1) and (g) below;
the bilure of the Members, at any meeting of the Members (and

where a quorum is reached) at which a Director or Directors are to be elected,
to elect the number of Directors to be elected at such meeting;
if a vacancy is declared by the Board of Directors for any reason
permitted. by law.
(f)
Resignation. Except as provided in this paragraph, any Director may
resign, and such resignation shall be effective on giving written notice to the President
or Secretary, unless the notice specifies a later time for the resignation to become
effective. If the resignation of a Director is effective at a future time, the Board of
Directors may elect a successor to take office when the resignation becomes effective.
(g)
Removal.
(i)
By Board. The Board of Directors shall have the power and
authority to remove a Director and declare his or her office vacant if he or she
ARTICLE V - BOARD OF OIRECmRS
court;
has been declared, of unsound mind by a final order of

has been convicted of a felony;
fails to attend 3 consecutive regular meetings of the Board

of Directors that have been duly noticed or regularly scheduled. (See
generally Corporations Code Section 7221)
In the event there is a final judgment or order of any court concluding that
a Director has breached his or her duties, the Board of Directors shall consult
with counsel as to whether or not that court determination requires a declaration
of vacancy.
(ii)
By Members. Except as otherwise provided herein, a Director
may be removed from office prior to expiration of his or her term only by the
affirmative vote of a majority of the voting power of the Members represented
and voting at a duly held meeting at which a quorum is present (which affirmative
votes also constitute a majority of the required quorum) or by written ballot

conducted in accordance with the terms herein and the Corporations Code.
(h)
Filling Vacancies. The President shall nominate a candidate to fill any

vacancy on the Board of Directors. The Board of Directors shall elect or reject the
nomination by a majority vote of the remaining Directors (even if less than a quorum or
by the sole remaining Director unless the vacancy is created through removal of a
Director by the Members, in which case the vacancy shall be filled (by election) by the
affirmativevote of a majority of the Members, represented. in person orby proxy at a
duly held meeting of the Members at which a quorum is present. The Members may
elect a Director or Directors at any time to fill any vacancy or vacancies not filled by
the Directors by an election at a duly held meeting of the Members or written ballot and
shall require the approval of a majority of the voting power. The new Director shall
hold office until the expiration of the term for the Director he or she replaces and until
a successor has been elected and qualified.
Section 3. Officers. The Officers of the Association shall be a President and a Vice
President, Secretary and Treasurer. At least two Officers shall also be Directors. The Board
of Directors may, by resolution, appoint such other Officers as the Board deems necessary.
Election. The election of Officers shall take place at the first meeting of
the newly elected Board following each annual meeting of the Members.
Term of Office. The Officers of this Association shall be elected annually
by the Board. Each Officer shall hold office for one (1) year unless he or she shall
sooner resign, be removed or otherwise be disqualified to serve.
Special Appointments. The Board may appoint, and may empower the
President to appoint, 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.
AicncLE V - Bosiw oF DtEcroRs
Resignation. Any Officer may resign from the position of Officer at any
time by giving written notice to the President or to the Secretary. Any 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, acceptance of such resignation shall not be
necessary to make it effective.
Removal. Any Officer may be removed and/or reassigned by the Board

with or without cause, at any regular or special meeting.
(1)
Vacancies. A vacancy in any office may be filled by appointment by the
remaining Director(s). The Officer appointed to such vacancy shall serve the remainder
of the term of the Officer he or she replaces.
Multiple Offices. One person may hold two or more offices, except that
neither the Secretary nor the Treasurer may serve concurrently as President.
Duties of Officers. The duties of the Officers are as follows:

President. The President shall be the Chief Executive Officer of
the Association and shall, subject to the control of the Board, have general
supervision, direction and control of the affairs and Officers of the Association.
He or she shall (1) preside atall meetings of the Board of Directors; (2) see that
orders and resolutions of the Board are carried out; (3) have the power to sign
all contracts and other written instruments; nd (4) have the power to co-sign all
checks and promissory notes. He or she shall have such other powers and duties
as may be prescribed by the Board or the Bylaws.
Vice President. In the unavailability, absence or disability of the

President, the Vice President shall perform all the duties of the President and
when so acting shall have all the powers of, and be subject to all the restrictions
upon, the President. He or she shall have such other powers and perform such
other duties, including co-signatory powers on accounts, as from time to time may
be prescribed by the BoArd or the Bylaws.
Secretary. The Secretary shall keep or cause to be kept at the

principal office or such other place as the Board may order, a book of minutes
of all meetings of the Board of Directors and Members, with the time andplace
of holding same, whether regular or special, and if special, how authorized, the
notice thereof given, the names f those present at Board of Director? meetings,
the number of Members present (iii person or by proxy) at Members' meetings,
and the proceedings thereoL The Secretary shall keep, or cause to be kept,
appropriate current records showing the Members of the Association, together
with their addresses. He or she shall give, or cause to be given, notice of all
meetings of the Board required by the Bylaws or bylaw, and he or she shall keep
the seal of the Association (if any) in safe custody, and shall have such other
powers and perform such other duties, including co-signatory powers on accounts,
as may be prescribed by the Board or by the Bylaws.
Treasurer. TheTreasurer shall keep and maintain, or cause to be
kept and maintained, adequate and correct accounts of the properties and business
transactions of the Association, including accounts of its assets, liabilities,
8
ARTiCLE V - Bo*PD OF DutEerogs
receipts, disbursements, gains; losses, capital, reserves, and other matters

customarily included in homeowner association financial statements. The financial
records shall at all times be open to inspection by any Director.

The Treasurer shall deposit, or cause to be deposited, all monies and other
valuables in the name of and to the credit of the Association with such
depositories as may be designated by the Board of Directors. The Treasurer

shall disburse or cause to be disbursed, the fundsof the Association as may be
ordered by the Board of Directors, shall render to the President and Directors,
whenever they request it, an account of all of his or her transactions as Treasurer
and of the financial condition of the Association and shall have such other powers
and perform such other duties, including co-signatory powers on accounts, as may
be prescribed by the Board of Directors, the President or these Bylaws.
The Treasurer shall be responsible for annually reviewing the provisions

of the Davis-Stirling Common Interest Development Act (Civil Code Section
1350, et seq.) and inaldng recommendations to the Board of Directors of any
changes in financial procedures and/or reporting practices that may be required
by new or amended sections. The Treasurer may consult 'with the Association's
attorney, certified public accountant, and/or manager on these matters.
ARTICLE VI
BOARD MIEETJNGS
Section 1. RegularMeetinc's Regular meetings of the Board of Directors shall be held

monthly; provided, however, that if the Board shall determine that the business to be transacted
by the Board does not reasonably justify monthly meetings, regular meetings of the Board shall
be held at such intervals as the Board may determine, but not less frequently than once every
three (3) months. Regular meetings shall be held at Village Serranionte and the time and place
fixed by the Board.
Section 2. Special Meetings. Special meetings of the Board shall be held when called
by the President of the Association, or by two Directors.
Section 3. Notice.
The Board shall adopt reasonable procedures and time frames to convey
notice to the Directors and permit attendance by Members at meetings of the Board of
Directors. This may include adopting a routine thy of the month, time and place.
Nothing contained in subsection (a) above shall be construed to prohibit
telephone meetings which are convened to address emergency or other urgent matters.
Section 4. Ouorum Requirements. Three (3) Directors shall constitute a quorum for
the transaction of business. Every act done or decision made by the Directors present at a duly
held meeting at which a quorum is present shall be regarded as the act of the Board (see
flhifornia Nonprofit Mutual Benefit Corporation Law, especially those provisions relating to (a)
approval of contracts or transactions in which a Director has a direct or indirect material
financial interest, (b) appointment of committees, and (c) indemnification of Directors). A
meeting at which a quorum is initially present may continue to transact business, notwithstanding
AirncLE VI- BoARD Mgnncs
the departure of Directors below a quorum, if any action taken is approved by at least the same
number of Directors as would have been required at the outset of the meeting.
Section 5. Action Without Meeting. On an urgency basis, the Board shall have the
right to take any action that may be required for the efficient and expeditious operation and
conduct of the Association's business without a meeting (including by consequtive or group
conference telephone call) if (i) the Board would have the power and authority to act at a
meeting and (ii) the written consent of all Directors to such action is obtained before or after
such action. Any action taken by written consent shall have the same effect as if it were taken
at a duly noticed meeting of the Board. The consents and a summary of decisions.made shall
be ified with the minutes or other documentation of Board activity. Such action without a
meeting is, however, generally discouraged because it is inconsistent with the general rights of
Members to attend meetings.
Section 6. Participation by Members. With the exception of executive sessions of the
Board (see Section 7 below) and any meetings conducted by conference telephone or in a judicial
proceeding, all meetings of the Board shall be open to attendance by Members of the
Association; provided, however, that Members of the Association who are not Directors shall
have no -right to participate in any deliberations or discussions of the Board unless expressly so
authorized by theBoard. The Board may, at its discretion, exclude any person not a Member
from the meeting. The agenda for Board meetings may include a specific time for Member
questions and comments. The chair shall be authorized to impose reasonable time limitations on
Member questions and comments.
Section 7. Executive Session. The Board may meet in executive session to discuss the
following:
litigation in which the Association is or may become a party;
personnel matters regarding employees;
known or suspected violations of the Governing Documents;
known or suspected financial wrongdoings of Officers, Directors,

employees, managing agent (if any), or any Person or organization handling Association
funds;
known or suspected failure of an Officer or Director to fulfill the

responsibilities set forth in the Governing Documents;
unsatisfactory performance of contractors and vendors;
emergency situations or circumstances demanding immediate or prompt

attention;
any business in which maintenance of the confidentiality of Board

deliberations is consistent with the best interests of the Association and its Members.
The Board may, with the approval of two of the Directors, adjourn any regular or special
meeting for purposes of reconvening an executive session to discuss matters described above.
Before adjourning into executive session at any open meeting, the topic(s) to be discussed in such
session shall be announced, in general terms, to the Members in attendance at the meeting.
10
AItTICLE VII- COMMrflrs
ARTICLE VII
COMMFfltES
Section 1. Generally. Notwithstanding any grant of authority from the Board,
no
committee shall have the power to:
take any final action on any matter that, under California Nonprofit
Mutual
Benefit Corporation Law or these Bylaws, also requires the
approval of the Members,
fill vacancies on the Board or any committee,

amend or repeal Bylaws or adopt new Bylaws,
amend or repeal any resolution of the Board or
appoint committees of the Board or Members thereot

Section 2. Nominating Committee. The Board
shall appoint a Nominating Committee
which shall consist of a Chairperson, and two (2)
or
more
Members of the Association none of
whom are members of the Board of Directors.
The
Nominating
Committee shall be appointed
by the Board of Directors prior to each annual meeting
of
the
Members,
and shall serve from
the close of such annual meeting until the close of
the
next
annual
meeting.
The Nominating
comnuttee shall make as many nominations for election
to
thefl
Board
of
Directors
as it shall,
in its discretion, determine; but not less than
one
more
than
the
number
of
vacancies
that are to
be filled.
Section 3. Other Committees. The Board may appoint

deems appropriate in carrying out the purposes of the Association.such other committees as it
ARTICLE VIII
DUTIES AND POWERS OF THE BOMth
Section 1. Generally, The Board shall have the power to:

Exercise all powers vested in the Board under the Governing
Documents
and under the laws of the State of California.
Appoint, remove and/or reassign all Officers of the Association, the

Manager of the Association, if any, and other Association
prescribe any
powers and duties for such persons that are consistent with employees;
law and the Governing
Documents- and fix their compensation
Appoint such agents and employ such other employees, including attorneys
and accountants, as it sees fit to assist in the operation
of the Association, and to fix their
duties and to establish their compensation
Enforce all applicable provisions of the Governing Documents

relating to
the control, management and use of the Units
within Village Serramonte and the
Common Areas and parking areas within Village Serramonte.
11
ARTicLE VIII- Duns & POWERS OF ThE Boc1u)
(e)
Contract for and pay premiums for fir; casualty, liability, and other
insurance and bonds cmcluding indemnity bonds) that may be required from time to time
by the Association.
(1)
Contract and pay for maintenance, landscaping, utilities, materials,
supplies, labor, and services that may be required from time to time in relation to the
Common Areas and other portions of ViIbge Serrainonte which the Association is
obligated to maintain.
Pay all taxes, special assessments and other assessments, and charges that
are or would become a lien on any portion of the Common Areas.
Contract and pay for construction or reconstruction of any portion or

portions of Village Serramonte that have been damaged or destroyed and that are to be
rebuilt by the Association.
Delegate its duties and powers hereunder to one or more Officers of the
Association or to committees established by the Board, subject to the limitations

expressed in Article VII entitled Committees.
Q)
Levy and collect Assessments from the Members of the Association in
accordance with the Declaration.
(k)
Perform all acts required of the Board under the Declaration.
(1)
Prepare budgets and maintain a full set of books and records showing the
financial condition of the affairs of the Association in a manner consistent with the DavisStirling Act and generally accepted accounting principles, and prepare an annual financial
report, a copy of which shall be delivered to each Member as provided in the

Declaration.
Appoint a nominating committee for the nomination of persons to be
elected to the Board and prescribe rules under which said nominating committee is to act.
Appoint such other committees as it deems necessary from time to time in

connection with the affairs of the Association.
Fill vacancies on the Board of Directors or in any committee, except a

vacancy created by the removal of a Director by the Members.
Open bank accounts and borrow money on behalf of the Association and
designate the signatories to such bank accounts.
Bring and defend actions on behalf of more than one Member or the
Association to protect the interests of the Members or the Association, as such, as long
as the action is pertinent to the operations of the Association, and assess the Members
for the cost of such litigation. Any disciplinary action against a Member shall be subject
to the hearing and procedural requirements set forth in the Declaration.
12
Anw VIII- DuTms & Powats
OF ThE
(r)
Enter Units as necessary, subject to the notice requirements
Declaration, in cozmectj with constiuctj
of the
benefit of the Common Areas or the Ownersmaintenajice or emergency repairs for the
in common.
(s)
Adopt parliaznentaiy procedures for conducting
meetings and make a copy
of such procedures available to Members
upon request.
(t)
Negotiate, settle and/or otherwise dispose of
disputes and litigation.
(u)
After consultation with the Association's certified public

counsel, at its discretion and/or in conjunction
accountant and/or
with a vote of the Members, establish and
maintain an earthquake contingency
which shall be accounted for in such
manner as a reserve account. Suchfund
similar
funds
may be in conjunction with or in lieu
of
earthquake insurance.
In addition to the terms of the Bylaws and the

Declaration the Association is governed by the
Davis-Stirling Common Interest
Act (Civil Code Section 1350, et seq.), including
Development
provisions related to financial
operating and
documents,
reserve accounts and regular and special
Assessments. Because the legislature
periodically amends the Davis-Stfr&g Act, the
Board of Directors shall
the Treasurer as to any changes in financial
annually consult with
procedures
and reporting that may be required by
new or amended sections and shall conform the
Association's practices accordingly.
of Board. Without the vote

one percent (51 %)of the MembersPower
written assent of fifty(91 votes), the Board of Directors or
shall not take any of the
following actions:
(a)
Enter into a contract with a third
services to the Connuon Area or the Association party for the furnishing of goods or
for a term longer than one year. This
restriction shall not apply to:
public utility contracts in which the

rates charged for materials or
services are regulated by the Public Utilities
of the contract may not exceed the shortestCommission, provided that the term
term for which the supplier will
contract at the regulated rate;
prepaid casualty or liability insumnce
policies not to exceed three
years' duration, provided that the
policies
provide
for
short-rate cancellation by
the insured;
agreements for cable television services and equipment
or satellite
dish television services and equipment
not to exceed five years' duration;
agreements for sale or lease
of burglar alarm and fire alarm

equipment, installation and services not
to exceed five years' duration; or
(v)
days notice.
agreements that may be terminated without cause

upon thirty (30)
(b)
Sell during any fiscal year property
of the Association having an aggregate
fair market value greater than .5 percent of
the budgeted gross expenses of the Association
13
ARncz
Vifi - DunEs & PowERs OF Ti
30Mw
for that fiscal year, provided, however, that this limitation shall not apply to the sale or
other disposition of Units acquired by the Association in foreclosure proceedings or by
way of collection of a judgment.
Fill any vacancy on the Board of Directors created by the removal of a

Director by the Members.
Section 4. Inspection of Books and Records.
Member Inspection Rights. Annual reports, adopted budgets, reserve

studies, minutes of proceedings of the Members, the Board and committees of the
Board, and the membership list of the Association shall, during reasonable business
hours, be subject to the inspection of any Member or his or her duly appointed
representative at the offices of the Association for any proper business purpose
reasonably related to the Member's interest in the Association. Members' rights of
inspection shall be exercisable on ten days' written demand on the Association, which
demand shall state the purpose for which the inspection rights are requested. In the case
of the demand to inspect the Association's membership list, aMember's inspection rights
shall be subject to the Association's right to offer areasonalile alternative to inspection
within ten days after receiving the Member's written demand.
Director Inspection RiEhts. Every Director shall have an absolute right

at any reasonable time to inspect ali books, records, documents, and minutes 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.
(c)Adoption Of Reasonable Inspection Rules. The Board of Directors may

establish reasonable rules with respect to (i) notice of inspection, (ii) hours and days of
the week when inspection may be made, (iii) location of the documents to be inspected
and (iv) payment of the cost of reproducing copies of documents requested by the
Member.
Section 5. Rules. The Board shall have the power to adopt and establish Rules subject
to the provisions oftheJ)ecjaratjon governing the use of the Common Areas,
including parking
areas within Village Serramonte, and the personal conduct of the Members and their guests,
tenants or others on the premises.
Section 6. Manager. The Board may employ the services of a manager to manage the
affairs of the Association and upon such conditions as are otherwise deemed
advisable by the
Board, the Board may delegate to the manager any of its day-to-day management
and
maintenance duties and powers under these Bylaws and the Declaration,
provided
that
the
manager shall at all times remain subject to the general control of the Board.
Section 7. Enforcement. The Association shall have the
to enforce the
provisions of the Governing Documents in any manner provided by law power
or in equity and in any
manner provided in the Governing Documents in accordance with the procedures therein.
14
AnnE IX - JNDEMNIFICXfl0u
ARTICLE IX
INDEMNIFICATION
Section 1. Indemnification of Association.

Each Member shall be liable to the
Association for any damage to the Common
Areas
or
areas which the Association must
maintain, repair and replace caused by the negligence
or
willful
misconduct of the Member or
his or her fniily, guests, invitees, tenants or lessees.
Section 2. Indemnification
by Association of Directors. Officers, Employees, and

Other Agents. The Association's duty
to protect, defend and indetungy its
volunteers for
potential liability for their activity while

engaged in Association business is largely provided for
in (a) the Association's insurance, including
the liability insurance in the case of damage to
person or property, or (b) by the Corporations Code,
specifically section 7237. In the event that
any claim of indemnification is made to the Association
by such individual, the Association
shall, in a timely way, tender the claim to its broker
and/or
insurance carriers. To the extent
that the individual seeking indemnjflcjon has
exposure
to
any
uninsured loss, the Association
shall also submit the matter to its counsel for
a legal opinion as to Association obligations.
Section 3. Advancement of Expenses. To the

extent that there may be some uninsured
exposure and costs of defense incurred, the Board shall
have the discretion to advance those
costs on behalf of the accused volunteer, however,
it
must
be noted that the Corporations Code
Section 7237(f) requires a posting of a bond or other assurance
to cover such expenses.
Section 4. Insurance.
The Association shall have the power to purchase and maintain

that insurance commonly known as Directors
and Officers Liability.Insurance. It should be noted
that this is separate and distinct from
general
liability insurance which covers damage to persons
and property.
Section 5. Limitaflon on Personal Liability of Individual

Directors.
No action shall be brought against
pernutted by the provisions of Civil Code Section an individual Director unless expressly
13653.
No suit or action againg a Director or officer of the
Association personally shall
be sustainable in any court unless commenced
within
twelve
months
of the date claimant knew
or should have known of alleged misconduct
and/or the inception of damage or injury.
ARTICLE X
TAX EXEMVF STATUS
Section 1. Tax-Exempt Status. The Board of

Directors shall take all steps reasonably
possible to insure the continued tax exempt
status of the Association.
Section 2. Fiqg.
The Board shall cause to be timely filed an annual

designation for
tax-exempt status as may be required under federal
Association to comply with the statutes, rules or state law, and shall undertake to cause the
and regulations adopted by federal and state
agencies pertaining to such exemptions.
ARTICLE XI
MISCELLANEOUS
Section 1. Amendment of Bylaws. These Bylaws

by adopted, amended, or
repealed only by the affirmative vote of a majority of a quorum may
of the membership represented
and voting at a duly held meeting
at which a quorum is present or by written ballot. Any
15
NOTICE
"If this document contains any restrictions based on
race, color, religion, sex, familial status, marital status,
disability, national origin or ancestry, that restriction
violates state and federal fair-housing laws and is void,
and may be removed pursuant to subdivision of
Section 12956.1 of the Government Code. Lawful
restrictions under state and federal law on the age of
occupants in senior housing or housing for older
persons shall not be construed as restrictions based on
familial status."
CC&Rs (Required Civil Code Sec. 4525)

DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF THE
VILLAGE SERRAMONTE
TABLE OF CONTENTS
RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1. Legal Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. The Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. This Amended Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Applicability of Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
1
1
1
1
ARTICLE I DEFINITIONS
Section 1. Articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Balcony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8. Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9. Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10. Exclusive Use Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11. Family . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 12. Garage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 13. Governing Documents . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 14. Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 15. Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 16. Parking Stall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 17. Patio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 18. Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 19. Property or Properties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 20. Townhouse Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 21. Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 22. Village Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Feingold & Youngling, PLC

(415) 454-1090
OF THE
VILLAGE SERRAMONTE
TABLE OF CONTENTS Continued
ARTICLE II NO PARTITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1. Waiver of Partition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Prohibition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Power of Attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
5
5
5
5
ARTICLE III POWERS AND DUTIES OF THE ASSOCIATION . . . . . . . . . . . . . . . . . . .

Section 1. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Common Area Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Legal and Accounting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Discharge of Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Other Obligations of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8. Authority for Reasonable Entry for Maintenance or Construction . . . . . .
Section 9. Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10. Consolidation and Mergers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11. Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 12. Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Rulemaking and Policy Making Power . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Amendment of Rules and Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Distribution of Rules and Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
Breach of Rules, Policies or Restrictions . . . . . . . . . . . . . . . . . . . . . . .
Section 13. Limitations on Authority of Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE IV ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1. Assessments Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Regular Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)
Non-Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)
Emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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OF THE
VILLAGE SERRAMONTE
(c)
Section 2.
(a)
(b)
Section 3.
(a)
(b)
(c)
(d)
(e)
(f)
Section 4.
(a)
(b)
(c)
Section 5.
Reimbursement Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)
Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)
Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessment Level Increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Approval of the Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement of Assessments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delinquency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Bounced Checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acceleration of Annual Assessment . . . . . . . . . . . . . . . . . . . . . . . . . .
Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nonjudicial Foreclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other Recourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Grantee Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Voluntary Conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conveyance by Foreclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Priorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No Waiver or Offset . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ARTICLE V RESPONSIBILITIES FOR MAINTENANCE, REPAIR AND

REPLACEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1. Association and Owner Responsibilities for Maintenance, Repair
and Replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Unit Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Exclusive Use Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)
Decks and Balconies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)
Village Unit Parking Stalls . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)
Fireplace and Chimney Flue . . . . . . . . . . . . . . . . . . . . . . . . . . .
(v)
Planters and Pots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi)
HVAC Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
Landscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)
Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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OF THE
VILLAGE SERRAMONTE
(ii)
Exclusive Use Common Area . . . . . . . . . . . . . . . . . . . . . . . . .
Wood Destroying Organisms (Including Decay, Dryrot and
Termites) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hazardous Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Protection from Freeze Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Earthquake Damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unit and Exclusive Use Common Area . . . . . . . . . . . . . . . . . . . . .
Entry for Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Continuing Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other Options. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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15
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ARTICLE VI USE OF UNITS AND COMMON AREA . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1. Use of Units. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Use of Common Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Vehicle Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Attics and Crawl Spaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Antennae, External Fixtures, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8. Restriction on Businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9. Exterior Wiring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10. Variances . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 11. Illegal Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE VII SALE OR LEASE OR UNITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1. Sale or Lease of Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Obligations of Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Owners Duty to Notify Association of Tenant and Contract
Purchasers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Contract Purchasers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Notification Regarding Governing Documents . . . . . . . . . . . . . . . .
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19
19
(e)
(f)
(g)
(h)
Section 2.
(a)
(b)
(c)
(d)
(e)
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OF THE
VILLAGE SERRAMONTE
Section 3. Termination and Commencement of Obligations . . . . . . . . . . . . . . . . .
Section 4. Notice of Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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20
ARTICLE VIII INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1. Types of Insurance Coverage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Fire and Casualty lnsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Liability Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Other Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Provisions and Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Fidelity Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Additional Insurance by Unit Owner . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Earthquake Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Association Insurance Deductible . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Insurance Trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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21
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ARTICLE IX EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1. Utility Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Encroachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Maintenance and Repair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Ingress and Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Balconies and Patios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Village Unit Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Emergency Vehicle Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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22
22
22
22
23
ARTICLE X DAMAGE, DESTRUCTION OR CONDEMNATION . . . . . . . . . . . . . . . . .

Section 1. Restoration Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Insured Casualty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Restoration Proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Additional Special Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Alternative Reconstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Sale of Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Rebuilding Contract. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8. Authority to Effect Changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE XI - ARCHITECTURAL CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section l. Architectural Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Architectural Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Meetings; Action; Compensation; Expenses . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Architectural Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Determination of Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8. Architectural Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Notice and Opportunity for Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Association Options for Continuing Nuisance . . . . . . . . . . . . . . . . . . . .
Section 9. Notice of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE XII - ENFORCEMENT OF GOVERNING DOCUMENTS . . . . . . . . . . . . . . . . .

Section 1. Violation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Forum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Enforcement Options. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
Suspension of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Fines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Alternative Dispute Resolution (ADR) . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)
Self Help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)
Maintenance, Repair and Replacement . . . . . . . . . . . . . . . . . . .
(ii)
Removal of Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)
Imposition of Reimbursement Assessment . . . . . . . . . . . . . . . . . . . . . .
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Section 4. Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
The Association Sets a Hearing Date . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
The Party Requests a Hearing Date . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Pressing Circumstances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)
Due Process Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
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vi
OF THE
VILLAGE SERRAMONTE
(i)
Findings of Fact and Determination . . . . . . . . . . . . . . . . . . .
(ii)
Right to Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referral to Governmental Agency . . . . . . . . . . . . . . . . . . . . . . . . . . .
Owner Standing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conveying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cumulative Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Non-Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules re: Disciplinary Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . .
Recording with Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notices to Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Noncompliance with Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fees and Costs of Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
30
30
30
31
31
31
31
31
31
31
31
31
31
32
ARTICLE XIII - GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 1. Mechanics' Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2. Term of Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4. Right of City to Compel Performance . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)
City's Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
Costs of Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5. Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6. Severability of Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7. Gender, Number, and Captions.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8. Prior Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 10. Davis-Stirling Common Interest Development Act . . . . . . . . . . . . . . . .
32
32
32
32
32
32
33
33
33
33
33
33
34
34
(e)
(f)
Section 5.
(a)
(b)
Section 6.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
vii
OF THE
VILLAGE SERRAMONTE
This Declaration of Covenants, Conditions and Restrictions of THE VILLAGE SERRAMONTE
HOMEOWNERS ASSOCIATION ("Declaration" or "CC&Rs") is an amended version of the original
Declaration entitled "Declaration of Covenants, Conditions and Restrictions of Village Serramonte, A
Condominium Project" which was recorded in the Office of the San Mateo County Recorder on August
15, 1974, in Volume 6678, Page 313, et seq. File 73050AH, and as may have been subsequently amended
(hereinafter "Former Declaration ").
RECITALS
1. Legal Description: This Declaration governs all of the real property and improvements
thereon located in the City of Daly City, County of San Mateo, State of California, and more particularly
described as follows:
Units 1 through 177, inclusive, and the Common Area all as shown on that certain Final
Subdivision Map entitled Map of Village Serramonte, A Condominium Project, on Lot 1 on the
Map of Serramonte Village recorded in Book 83 of Maps at Pages 21 through 24, San Mateo
County Records, City of Daly City, California, recorded in the Office of the Recorder of San
Mateo County, State of California, on the 11th day of June, 1974, in Book 85 of Maps at Pages
1-17 (hereinafter referred to as "the Subdivision Map" or "the Map").
2. The Property. There are 177 Condominiums in Village Serramonte which is a
Condominium Project within the meaning of the provisions of the California Davis-Stirling Common
Interest Development Act (commencing at California Civil Code Sections 1350). There are two different
types of units at Village Serramonte: those described as "Townhouse Units", defined below, and depicted
on the site map attached hereto as Exhibit B as buildings C2 and D5; and those described as "Village
Units", defined below, and depicted on the site map attached hereto as Exhibit B as buildings A4, Al, E9,
E8, E7, and E6. The site map attached is for general depiction of the Property and as a convenient
reference. It is not part of any legal description.
3. This Amended Declaration. The Association determined that its Former Declaration, filed
in 1974, is outdated. Therefore, in 1995 the Members caused this Declaration to supersede the Former
Declaration. This Declaration is for the purpose of enhancing and protecting the value, desirability and
attractiveness of Village Serramonte, as well as the quality of life of the residents.
4. Applicability of Restrictions. As amended, these covenants, conditions and restrictions
shall run with the Properties and shall be binding on all parties having or acquiring any right, title or
interest in any portion of the Properties in the same manner as the Former Declaration, and shall be for
the benefit of all Owners.
ARTICLE I
DEFINITIONS
Unless the context clearly indicates a different meaning therefor, the terms used herein, in the
Subdivision Map and in the Deeds to particular Condominium Units in the Property shall be the
Feingold & Youngling, PLC
(415) 454-1090
ARTICLE I - DEFINITIONS
meanings given to them set forth as follows:
Section 1. Articles: The terms "Articles" shall mean the Articles of Incorporation of the
VILLAGE SERRAMONTE HOMEOWNERS ASSOCIATION, which are filed in the Office of the
Secretary of State of the State of California. .
Section 2. Assessment: shall mean a Regular, Special, Emergency or Reimbursement
Assessment made or assessed against an Owner and his or her Condominium in accordance with the
provisions of Article IV of this Declaration.
Section 3. Association: The term "Association" shall mean and refer to the VILLAGE
SERRAMONTE HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation,
its successors and assigns, membership in which shall be limited to Owners.
Section 4. Balcony: The term "Balcony" as used in this Declaration and on the Subdivision
Map refers to that portion of the Common Area shown on the Subdivision Map as parcels serially
numbered "B-1, B-2, B-3, etc" an exclusive appurtenant easement for the use and possession of which shall
be granted to the adjoining Unit which Unit bears a corresponding number. The boundary lines for each
Balcony shall be from the exterior finished surfaces of abutting walls of the adjoining Unit and the exterior
finished edge of the railings of said Balconies and the air space so encompassed to the limitations identical
to those of the adjoining Unit all as more particularly defined and delineated in the Subdivision Map.
Section 5. Board:
The term "Board" shall mean the governing body of the Association.
Section 6. Bylaws: The term "Bylaws" shall mean the Bylaws of the Association, as may be
amended from time to time.
Section 7. Common Area: The term "Common Area" refers to all of the Properties which
are not included within any Unit. Common Area shall include, but shall not be limited to,
All public staircases and wells, elevators, lobbies, central heating, and air-conditioning equipment,
Village Unit water heaters, fire sprinkler/fire alarm systems;
Floor substrate, roofs, weatherproofing, crawl spaces, fire doors, foundations, pipes, sewers, storm
drainage pipelines, catch basins, sanitary sewer lines, cleanouts, ducts, flues, chutes;
Conduits, wires and such other utility installations to the Unit receptacle or box containing the
switch or outlets, bearing walls, columns and girders, to the unfinished surfaces thereof, all
regardless of location;
Parking areas, storage and equipment areas, swimming pool, clubhouse and recreation building,
tennis courts, driveways, open spaces, planted and landscaped areas, and all other improvements
which may be placed upon or located in the Common Area; and
Exclusive Use Common Area.
Section 8. Condominium: The term "Condominium" refers to the Unit together with the
undivided interest in the Common Area conveyed in fee to an Owner, and all easements appurtenant
thereto, all as more particularly defined in California Civil Code Sections 783 and 1351(f).
Feingold & Yowlgling, PLC
(415) 454-1090
Section 9. Declaration: The term "Declaration" shall mean this amended Declaration and any
further amendments. The term Declaration is interchangeable with the term "Covenants Conditions and
Restrictions" or "CC&Rs".
Section 10. Exclusive Use Common Area: In this Declaration, the term Exclusive Use
Common Area shall mean those portions of the Common Area designated for the exclusive use of one or
more, but fewer than all, of the Owners of the Units. To the extent not expressly included within the
definition of Unit area, Exclusive Use Common Area shall include:
The numbered parcels designated on the Map as "Patios" (PA-l, PA-2, etc) or "Balconies" (B-1,
B-2, etc), those serially numbered Parcels designated on the Map as Parking Stalls (P- 1, P-2,
etc).
Yard areas and components as originally designed and constructed, or added by an Owner,
including steps, stoops, patio slabs, water pipes and valves, decks, entryway decks, framing and
surface planks, landscaping, water pipes and valves, irrigation systems, light fixtures, electrical
outlets and switches;
Front door steps, main entry door stoops, door bells, entry light fixtures, porches, decks,
balconies, patios, exterior main entry doors, door frames, and hardware incident thereto,
mailboxes, gates, or other fixtures designed to serve a single separate interest;
Assigned storage areas; and
To the extent not part of the Unit itself, fireplace flues, utility lines (including but not
limited to telephone, water, waste, electrical, and cable television) serving a single Unit
(wherever located), and any applicable valve, switch, breaker, vent, receptacle or other
component within or exclusively serving the Unit area.
Section 11. Family: The term "Family" or "Single Family" as used herein shall mean one or
more persons each related to the other by blood, marriage or legal adoption, or a group of not more than
three (3) persons not all so related, who maintain a common household in a Condominium.
Section 12. Garage: The term "Garage" shall mean and refer to that certain portion of a
Townhouse Unit designed and designated for the parking of automobiles. The ownership of said Garage
shall be granted to each Owner of a Townhouse Unit as a part of said Unit.
Section 13. Governing Documents: shall mean this Declaration, the Bylaws, Articles, Rules,
and any formal policies adopted by the Board, and to any amendments to such documents.
Section 14. Member: shall mean and refer to a person who holds membership in the Association
and is synonymous with the term Owner.
Section 15. Owner: The term "Owner" refers to the record Owner, whether one or more
persons or entities, of a fee simple title to or undivided fee interest in any Condominium, including
contract sellers, but excluding those having such interest merely as security for the performance of an
obligation.
Section 16. Parking Stall: The term Parking Stall refers to that portion of the Common Area shown
on the Subdivision Map as Parcels P-1 through P-272, inclusive. An exclusive easement
3
for the use and possession of not less than one covered Parking Stall shall be granted to each Owner of a
Village Unit at the time of conveyance of title to his or her Condominium Unit. The balance of any
parking areas not granted as such exclusive easements shall remain as unrestricted Common Area for the
use in common of all Owners or the Board in the exercise of its discretion may assign such parking spaces
to the exclusive use of a particular Owner, if the Board determines there is a necessity for such exclusive
assignment.
Section 17. Patio: The term "Patio" shall mean that portion of the Common Area shown on the
Map as numbered parcels preceded by the letters "PA", an exclusive appurtenant easement for the use and
possession of which shall be granted to the adjoining Unit which bears a corresponding number. The
boundary lines for each such Patio are to the dimensions shown on the Map and the airspace encompassed
within said boundaries to the height identical to the dimensions of the adjoining Unit.
Section 18. Person: The term "Person" shall include any Owner, Member, a family member,
tenant, resident, guest, or invitee.
Section 19. Property or Properties: The term "Property" or "Properties" shall mean the real
property of VILLAGE SERRAMONTE, including all Condominiums, structures, the Units, the Common
Area and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 20. Townhouse Unit: The term "Townhouse Unit" shall mean and refer to those Units
within the Property situated in the buildings marked C-2, D-3 and D-5 on the site plan attached hereto as
Exhibit B, the airspace of which consists of two or three floors including the garage and which Unit has no
other Unit situated above or below said Unit.
Section 21. Unit: The term "Unit" shall mean the separate interest as defined in Civil Code
Section 1351(l). The boundaries of each Unit shall be the interior unfinished surfaces of the perimeter
walls, floors (surfaces and subbase), ceilings, and includes doors and windows (including glass). Each
Unit includes the airspace encompassed by its boundaries. The Unit expressly includes, but is not limited
to:
the interior finish materials of walls, ceilings, textured ceiling material, carpeting, interior and/or
exposed surfaces of the fireplaces (excluding the flue), floors, fixtures, cabinets, interior doors,
exterior sliding glass doors, windows, weatherstripping, skylights, screens and appurtenant
hardware and locks, light fixtures, toilets, showers, bathtubs, sinks, drains and drain seals, forced
air units, filters, furnaces, heating conduits, blowers, dryer vents, Townhouse Unit water heaters,
as well as bathroom and kitchen plumbing fixtures, fans, valves, washers, gaskets, tile, grout,
caulking and waterproof elements of any bathroom and kitchen surface, including behind tiles.
Electrical switches, receptacles, boxes and panels, fuses, circuit breakers, utility systems,
components, fixtures and extensions thereof and appliances which are located wholly within the
boundaries of a Unit or are recessed in the wall of the Unit and accessible from the Unit, and
which service only that Unit are also part of the Unit. Townhouse Units shall include the
Garage portion thereof as shown on the Map.
Section 22. Village Unit: The term "Village Unit" shall mean and refer to those Units within
the Property, situated In the buildings marked A-l, A-4, E-6, E-7, E-8 and E-9 on the site plan attached
hereto as Exhibit B, , the airspace of which is contained on one floor, and which Unit has another Unit
situated above and/or below said Unit.
ARTCLE II NO PARTITION
ARTICLE II
NO PARTITION
Section 1.
Waiver of Partition.
(a) Prohibition. There shall be no Judicial Partition of the Property or any part thereof,
and, except as provided in the Civil Code Section 1359, each Owner, and the successors of each
Owner, whether by deed, gift, devise or operation of law, for their own benefit and for the
benefit of their respective Units and for the benefit of all other Owners, specifically waive and
abandon all rights, interests and causes of action for a judicial partition of the tenancy in
common ownership of the Property and do further promise and covenant that no action for such
judicial partition be instituted, prosecuted, or reduced to judgment until the happening of the
conditions set forth in Article X hereof; PROVIDED, HOWEVER, that if any Condominium
shall be owned by two or more co-tenants as tenants in common or as joint tenants, nothing
herein contained shall be deemed to prevent a judicial partition as between such co-Owners of a
single Condominium.
(b) Power of Attorney. Whenever Partition may be had pursuant to Civil Code Section
1359, or this Declaration, each Owner, his or her successors and assigns, does hereby grant to
the Association an irrevocable Power of Attorney to sell the entire Project Property covered
hereby for the benefit of all of the Unit Owners thereof, said power of sale to be exercised
pursuant to Civil Code Section 1355(b)(9).
Section 2.
Common Area: As to each respective Unit, in the event the undivided associated
interest in the Common Area must be quantified, Exhibit D of the Former Declaration shall apply.
ARTICLE III
POWERS AND DUTIES OF THE ASSOCIATION
The Board of Directors shall have the power and authority to conduct the business and affairs of
the Association, except as may be limited by the Governing Documents or the law generally. In addition
to those powers and duties set forth in the Bylaws, the Board, for the benefit of the Condominiums and
the Owners, shall enforce the provisions of the Governing Documents, shall exercise its discretion
where so provided, shall procure, pay for and/or otherwise perform duties herein imposed, including the
following:
Section 1. Utilities: Procure and pay for water, sewage, garbage, electricity, gas, telephone
and other necessary utility service for the Common Area and (to the extent not separately metered or
charged) for the Units.
Section 2. Common Area Services: Procure and pay for gardening and landscaping services;
elevator maintenance and service charges; charges for maintaining, vacuuming and cleaning any portion
of the Common Area.
Section 3. Insurance: The Association shall have the power and obligation to obtain and
maintain in effect the insurance described in Article VIII hereof.
Section 4. Legal and Accounting: Procure and pay for legal and accounting services necessary
or proper for the maintenance and operation of the Common Area or the enforcement of this Declaration.
ARTICLE III -DUTIES & POWERS OF THE ASSOCIATION
Section 5. Taxes: Pay all taxes and assessments, if any, levied or assessed separately against
the Common Area.
Section 6. Discharge or Liens. Pay any amount necessary to discharge any lien or
encumbrance, including taxes, levied against any Condominium which, in the opinion of the
Board, may constitute a lien against the Common Area; PROVIDED, HOWEVER, the Board
shall levy a reimbursement assessment against such Condominium for the amount thereof. Where
one or more persons are responsible for the existence of such lien, they shall be jointly and
severally liable for the cost of discharging it and any costs incurred by the Board by reason of said
lien or liens shall be specifically assessed to said Owners.
Section 7. Other Obligations of the Board. Procure and pay for any other goods,
materials, supplies, labor, services, painting, maintenance, repairs, structural alterations, insurance,
taxes or assessments which the Board is authorized to secure or pay for pursuant to the terms of
this Declaration, or which is reasonably necessary in the discretion of the Board for the
convenient operation of the Common Area.
Section 8. Authority for Reasonable Entry for Maintenance or Construction: The
Association, or its agents, may enter any Unit, and any portion of the Common Area to which an
Owner has been granted an exclusive easement or license, whenever such entry is reasonably
necessary in connection with the performance of any maintenance of construction for which the
Board is responsible. Such entry shall be made with as little inconvenience to an Owner as is
practicable.
Section 9. Manager: The Board may delegate the daily management duties to a
professional manager or management company who or which is subject to the direction and
control of the Board. This includes the authority to hire, as an employee or independent
contractor, an "onsite" manager. The Board may rent or lease or purchase a Condominium on
the property for use as part of an onsite manager's compensation.
Section 10. Consolidation and Mergers: To the extent permitted by law, the Association
may participate mergers and consolidations with other non-profit corporations organized for the
same purposes of this Association, provided that any such merger or consolidation shall have the
assent of a majority of the voting power of each class of members voting in person or by proxy at a meeting
duly called for this purpose. Written notice of said meeting (which notice shall set forth the purpose of the
meeting) shall be given to all members at least thirty (30) days in advance of the meeting.
Section 11. Dedication: The Association, as the agent of all Owners, shall have the
power to dedicate any of the Common Area to an appropriate public authority for public use,
provided that any such dedication shall have the assent of seventy-five percent (75%) of the
membership. The Board may grant Common Area easements or licenses to utility companies or
public entities, so long as the grant benefits the Owners and does not significantly interfere with
the Owners' use of the Common Area.
Section 12. Rules:
(a) Rulemaking and Policy Making Power. The Board may, from time to
time and subject to the provisions of this Declaration and the Bylaws, propose, enact and
amend rules and/or policies of general application to the Members relating to the use of
the Common Area by the Owners, other occupants and their guests. Such subjects may
include parking, recreational vehicle parking, car washing, storage, trash and garbage
6
ARTICLE III -DUTIES & POWERS OF THE ASSOCIATION

disposal, laundry, pets, signs, holiday decorations, and activities which might adversely
affect the Properties or its appearance or might offend, inconvenience, annoy or endanger
the Owners or other occupants of the Units or their guests.
The rules shall not, however, be inconsistent with or materially alter any provision of the
Articles, Bylaws or Declaration. In the event of any material conflict, the provision contained
in those other Governing Documents shall be deemed to prevail.
(b) Amendment of Rules and Policies. The rules and/or policies may be amended from
time to time by majority vote of the Board. Amendments shall be distributed to the
Members either by mail or delivered to each Unit or, if they apply to a particular location,
posted in a conspicuous place at that location within the Common Area. Any amendment
shall become effective upon distribution, posting, or at such later date as the Board may deem
appropriate under the circumstances.
(c) Distribution of Rules and Policies. A copy of the rules and/or policies as they
may from time to time be adopted shall be mailed or otherwise delivered to the Members or
posted in the Common Area at a place where it may be observed, and a current copy shall be
maintained in the Association's corporate records. The Board shall not be obligated to provide
more than one copy per Unit.
(d) Breach of Rules, Policies or Restrictions. Any breach of the rules, policies or
other Governing Document shall give rise to the rights and remedies set forth in Article XII
hereof.
Section 13. Limitations on Authority of Board. Except with the vote or written assent of a
majority of a quorum of the Members (as described in Article IV, Section 2(b)), the Board shall not take
any of the following actions:
(a) mortgage the Common Area to secure a loan for the purpose of improving the
Common Area and facilities;
(b) make any significant new addition or substantial upgrade which would interfere
with the proper use by others to the community facilities or the Common Area. Unless
otherwise provided by the terms of the vote, if the Members approve such a proposal, the cost
shall be shared among the Owners in proportion to their respective interests in the Common
Area.
ARTICLE IV
ASSESSMENTS
Section 1. Assessments Generally. Each Owner, by acceptance of a deed, whether or not it
is so expressed in such deed, is deemed to covenant and agrees to pay to the Association Assessments,
together with interest, late charges, costs, and attorney's fees, which shall be a charge on the
Condominiums and shall be a continuing lien upon the property against which each such Assessment is
made. Each such Assessment and charge shall also be a joint and several personal obligation of each
person who was the Owner of such property at the time when the Assessment fell due. All delinquent
Assessments shall be subject to the provisions of Section 3 hereof.
ARTICLE IV - ASSESMENTS
(a) Regular Assessments. The Board of Directors shall establish for each fiscal year an Annual
Assessment to be allocated among all Units in accordance with the following schedule:
Village Units:
1/177th of General Operating Expenses

Plus 1/177th of General Reserves
Plus 1/156th of Village Operating Expenses
Plus 1/156th of Village Reserves.
Townhouse Units:
1/177th of General Operating Expenses

Plus 1/177th of General Reserves
Plus 1/21st of Townhouse Operating Expenses
Plus 1/21st of Townhouse Reserves.
Unless otherwise provided, the Annual Assessment shall be payable in twelve (12) equal monthly
increments. Such monthly payments shall be due on the first day of each month and be delinquent if not
received by the Association by the 15th of the month.
(b)
follows:
Special Assessments. Special Assessments shall be allocated to each Condominium as
In the event the Association established that a Special Assessment is required for the costs of
services or improvements related to the general maintenance, upkeep, operation, safety and welfare
of the Property, as a whole, and which costs are not specifically related to a service or
improvement uniquely provided to a certain Unit type, the said Special Assessment shall be
allocated and assessed equally to each of the 177 Units at the Property (i.e., 1/177th).
In the event that the Association establishes that a Special Assessment is required for the costs of
services or improvements solely and uniquely provided to one of the Unit types in the Property or
one building, said Special Assessment shall be allocated and assessed on an equal basis solely to
the Owners of that certain Unit type (i.e., for Village Units, 1/156th; for Townhouse Units,
1/21st).
(i) Non-Emergency. Special Assessments may be levied for the purpose of defraying,
in whole-or in part, actual or estimated revenue shortfalls in the budget adopted by the Board for
the fiscal year or such other purposes as the Board deems appropriate.
(ii) Emergency. In the event of an emergency situation as provided for in Civil Code
Section 1366, a special Assessment may be levied according to that statute notwithstanding any
other limitation contained herein. For purposes of this section, an emergency situation is anyone
of the following: (1) an extraordinary expense required by an order of a court, (2) an
extraordinary expense necessary to repair or maintain the Properties or any part thereof for
which the Association is responsible where a threat to personal safety on the Properties is
discovered, (3) an extraordinary expense necessary to repair or maintain the Properties or any
part thereof for which the Association is responsible that could not have been reasonably
foreseen by the Board in preparing and distributing the pro forma operating budget. However,
prior to the imposition or collection of an emergency special Assessment under this section, the
Board shall pass a resolution containing written findings as to the necessity of the extraordinary
ARTICLE IV ASSESSMENTS
expense involved and why the expense was not or could not have been reasonably foreseen in
the budgeting process, and the resolution shall be distributed to the Owners with the notice of
Assessment.
(c)
Reimbursement Assessments.
(i)
Definition. A Reimbursement Assessment is a charge against any Member
(and/or tenant) and the Member's Condominium where a failure to comply with the Governing
Documents or other misconduct by any Member, or the lessees, guests, servants, employees,
licensees, or invitees of a Member has (1) necessitated or will necessitate an expenditure of monies
by the Association, (2) resulted in the imposition of a fine or penalty, or (3) caused any increase in
the premiums for Association insurance.
(ii)
Determination. If the Association finds a Reimbursement Assessment may be
appropriate, before levying it, the Association must provide reasonable notice to the individual and
provide an opportunity, for individual response in writing or in person to the Board or Board
designated hearing body. After due consideration, the Board or Board designated hearing body
may decide whether or not to levy, collect or otherwise enforce the Reimbursement Assessment.
(iii)
Collection. A Reimbursement Assessment shall be due and payable to the
Association when levied or such later time as may be set. A Reimbursement Assessment may be
collected in the same manner as regular Assessments, except that as to fines and penalties only,
which are subject to Association lien rights but not the power of non-judicial foreclosure.
Section 2. Assessment Level Increases .
(a) Approval of Board of Directors. The Board may impose a regular Assessment up to and
including 20% greater than the regular Assessment for the Association's preceding fiscal year or impose
special Assessments (which relate to the property as a whole) which in the aggregate do not exceed 5% of
the budgeted gross expenses of the Association for that fiscal year if the Board has complied with Civil
Code Section 1365(a), the substance of which is set forth in Exhibit A hereto, at Section l(a).
(b)
Approval of the Members. If the Board seeks an increase over the discretionary 20%
(regular Assessments) or 5% (special Assessments), or the Board has not complied with Civil Code
Section 1365(a), it must first obtain the approval of a majority of quorum of Members affected. For
purposes of this section, quorum means more than 50% the Members of the Association. (Based on 177
Units, this would require participation by Owners of at least 89 homes and the approval of at least 45
Members. Based on 156 Village Units, this would require participation by Owners of at least 79 homes
and the approval of at least 40 Members. Based on 21 Townhouse Units, this would require
participation by Owners of 11 homes and the approval of at least 6 Members.)
Section 3. Enforcement of Assessments.
(a)
Delinquency. Unless otherwise set by the Board of Directors, Regular, Special and
Reimbursement Assessments levied pursuant to this Declaration are delinquent fifteen (15) days after
they become due. If an Assessment is delinquent, the Association may recover all the following:
9
ARTICLE IV - ASSESSMENTS
(i)
reasonable costs incurred in collecting the delinquent Assessment, including
reasonable attorneys fees,
(ii)
a late charge not exceeding 10 percent of the delinquent Assessment,
(iii)
interest on all sums imposed in accordance with this section, including the
delinquent Assessment, reasonable costs of collection, and late charges, at an annual percentage
rate not to exceed 12 percent interest, commencing thirty (30) days after the Assessment
becomes due.
(b) Bounced Checks. An Owner who writes a check to the Association which is returned
for any reason shall pay a $20.00 charge for processing such check. If the check cannot be
negotiated, payment shall be demanded in accordance with California Civil Code Section 1719,
which is entitled "Treble Damages for Failure to Pay Amount of Dishonored Check."
(c)
Acceleration of Annual Assessment. If any monthly installment of the regular
Assessment is delinquent for a period of more than sixty (60) days or an Owner is delinquent three
(3) or more times for any duration within the year for which the annual Assessment is levied, the
Association MAY DECLARE the entire balance of the annual Assessment immediately due and
payable in full, together with any other delinquent amounts. Late charges and interest shall not
accrue on the accelerated Assessment amount unless or until each installment would otherwise
become due.
(d)
Lien. There is a present lien with power of sale against each Condominium to secure
payment of all Assessments (except that the power of nonjudicial foreclosure does not go to fines)
levied against the Condominium pursuant to this Declaration, all additional charges and sums
which become due and payable in accordance with this Declaration after the date of recordation of
a notice of delinquent Assessment. Except for the transfer of a Condominium by foreclosure
proceeding, the sale or transfer of a Condominium shall not affect such a lien. Any such
Association Assessment lien (regardless of when filed) shall be superior to any secured interest not
a first mortgage, and which is recorded after the filing of this Declaration.
(e) Nonjudicial Foreclosure. The Association shall have the power to conduct nonjudicial
foreclosure in order to collect delinquent Assessments. Each Owner hereby appoints the person or
entity designated by the Association as "trustee" in the Notice, or such substitute trustee as is
designated pursuant to California Civil Code Section 2934(a), as trustee, and such Owner
empowers such trustee to enforce the lien and to foreclose the lien by the private power of sale
provided in Section 1367(d) of the California Civil Code, as the statute may be revised, amended, or
altered from time to time, or by judicial foreclosure. Each Owner further grants to the trustee the
power and authority to sell the Condominium of any defaulting Owner to the highest bidder to
satisfy such lien.
(f)
Other Recourse. The Association may bring an action at law against the Owner
personally obligated to pay the delinquent Assessments, and/or foreclose (whether by judicial or
non-judicial foreclosure) its lien against the Owner's Condominium. Further, the Association may
exercise any and all legal rights it may also have to cause the collection of delinquent Assessments.
The Association, acting on behalf of the Owners, shall have the power to bid for the
10
ARTICLE IV - ASSESSMENTS
Condominium at the foreclosure sale and to acquire and hold, lease, mortgage and convey the
same. In the event a Member is 60 or more days delinquent, any tenant during that period who
continues to rent the Condominium shall become jointly and severally liable for all new regular,
special, reimbursement and emergency Assessments as they come due. If the tenant makes such
payment to the Association, the Member acknowledges it shall be deemed a credit or offset against
rents otherwise due from tenant to Member.
Section 4. Grantee Liability.
(a)
Voluntary Conveyance. Where an Owner voluntarily conveys part or all of that
Owner's interest in a Condominium, the person or entity acquiring the interest takes subject to all
Assessments and charges (delinquent or not) outstanding against the Condominium at the time of the
conveyance. Both parties are jointly and severally liable for the full amount. Upon request of a
prospective purchaser, the Association shall provide a true statement in writing from an authorized
representative of the Association as to any Assessments and/or other charges levied upon the
Owner's Condominium which are unpaid on the date of the statement. The statement shall also
include true information on 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 Association's recourse
for such amounts to the date of the statement and against the Condominium or the purchaser shall be
limited to the amount so specified.
(b) Conveyance by Foreclosure. Where the Mortgagee of the first mortgage of record or
other purchaser of a Condominium obtains title as a result of foreclosure of any such first mortgage,
the person acquiring title, his or her successors and assignees, shall not be liable for the Assessments
by the Association chargeable to such Condominium which became due and payable prior to the
acquisition of title to such Condominium by such acquirer. Nothing in this section shall be construed
to relieve any person acquiring a Condominium by foreclosure from their obligation to pay monthly
increments of the annual Assessment otherwise due and payable subsequent to their acquisition of the
Condominium.
(c)
Priorities. When a notice of delinquent Assessment has been recorded, such
Assessment shall constitute a lien on each respective Condominium prior and superior to all other
liens except (i) all taxes, bonds, assessments and other governmental levies which by law would be
superior thereto, and (ii) the lien or charge of any first mortgage of record made in good faith and for
value. However, such subordination shall apply only to the decree of foreclosure of any such
mortgage or pursuant to a power of sale in such mortgage. Such foreclosure shall not relieve such
Condominium from liability for the pro rata share of the annual or other Assessment that would
otherwise be payable after the foreclosure.
Section 5. No Waiver or Offset. No Owner may exempt himself or herself from personal liability
or release his or her Condominium from liens and charges thereof by waiver of any Member rights or
by abandonment or non-use of any Condominium. Each Owner, to the extent permitted by law,
waives the benefit of any homestead or exemption law of California in effect at the time that any
Assessment or installment hereof becomes delinquent or any lien is imposed (see generally Lien
Exception to Homestead Right - California Code of Civil Procedure Section 703.010(b)). No offsets
deductions against any assessment shall be permitted for any reason, including, without limitation, any
claim that the Association is not properly discharging its duties.
11
ARTICLE V - RESPONSIBILITY FOR MAINTENANCE, REPAIR & REPLACEMENT

ARTICLE V
RESPONSIBILITIES FOR MAINTENANCE,
REPAIR AND REPLACEMENT
Section 1.
Replacement.
Association and Owner Responsibilities for Maintenance, Repair and
(a) Common Area. The Association shall be responsible for the maintenance, repair,
replacement, management, operation, and upkeep of the Common Area and improvements
thereon (excluding Exclusive Use Common Area).
(b) Unit Areas. Each Owner shall keep the interior of the Owner's Unit, including
fixtures and appliances, in good repair and condition. Each Owner shall have the sole
responsibility and the exclusive right, at the Owner's expense, to:
(i)
Paint, repaint, tile, wax, paper, or otherwise refinish and decorate the inner
surfaces of walls, ceilings, floors, windows and doors bounding the Owner's Unit.
Notwithstanding these rights, unless there is prior Association approval, no alteration may be
made which will increase sound transmission from one Unit to another. Owners shall not replace
carpet with hardwood floors, tile, linoleum or other hard surfaces unless prior written approval of
the Board is received. Further, window coverings visible from the exterior may be regulated by
the Association;
(ii)
Maintain windows and sliding glass doors. Such may include periodically clean
window weep holes, as well as seal the bottom tracks, including corners, to keep moisture in the
tracks from damaging the Unit and the Common Area walls adjacent to the window and/or
sliding glass door. It may also periodically lubricate the tracks, wheels and operating hardware
of windows and sliding glass doors;
(iii)
Appliances include dishwashers, refrigerators, washers, dryers, ranges, microwave
ovens;
(iv) Flooring in some Units has multiple layers of different construction components. In
Units containing lightweight concrete topping as part of the floor assembly, the Association shall
repair or replace the failed topping material. The Owner is obligated to
a. Remove the surface material and all personal property in the area so that work
can be performed; and
b.
Restore or replace the finished surface, such as tile, linoleum or carpet.
(v)
Maintain the waterproof integrity of Unit surfaces such as in kitchens and
bathrooms and including showers, shower pans, and tubs;
(vi)
Maintain, repair and replace fixtures and personal property which utilize water in
such a manner that they shall not cause damage to adjacent areas. This includes toilets and
laundry machines;
(vii)
Keep sinks, bathtubs, showers, laundry machines and toilets from

12
ARTICLE V -RESPONSIBILITY FOR MAINTENANCE, REPAIR & REPLACEMENT
overflowing; and
(viii)
Maintain, repair and/or replace the components identified in the definition of Unit
herein.
(ix)
The Association may contract with the Owner of any Unit subject to these
restrictions for the maintenance of the interiors of such Unit at a rate equal to the cost thereof to the
Association inclusive of a pro-rata share of administrative expense and overhead incurred in
carrying out the contract and the collection of charges pertinent thereto. However, the
responsibility and obligation for maintenance of the interiors of Units is and shall be that of the
individual Owners thereof. Such maintenance may include such work as cleaning of chimney
flue(s) and repair or replacement of tiled surfaces which have permitted water to enter and damage
Common Areas.
(c)
Exclusive Use Common Area. The responsibility for the maintenance, repair and
replacement of Exclusive Common Area shall be as follows:
(i) Decks and Balconies. The Association shall be responsible for the repair and
replacement of the deck and balcony components caused by normal wear and tear. The Board may
adopt guidelines which reasonably require Owners to perform certain aspects of maintenance of
decks and balconies.
(ii) Village Unit Parking Stalls. No excessive grease or oil shall be permitted to
accumulate on the surface of any Parking Stall. No personal property shall be stored in any
Parking Stall.
(iii) Front Doors. The Association shall be responsible for the maintenance, repair and
replacement of front doors and hinges. All other related hardware shall be maintained, repaired
and replaced by the Owner.
(iv) Fireplace and Chimney Flue. The Owner shall be responsible for periodic
cleaning of the fireplace flue. The Association may, at is discretion, periodically coordinate or
otherwise implement chimney flue cleaning. Firebox liners or stone panels are an Owner
responsibility. The Association shall maintain, repair and replace the box, flues and caps. The
Association may periodically require Owners to provide it with either (a) a signed statement of
non-use, (b) evidence of inspection and good condition, or (c) evidence of timely cleaning. Where
repair or replacement of components crosses lines of responsibility, the Association may undertake
the work and charge the Owner the appropriate amount.
(v) Planters and Pots. Plant containers shall be maintained in such a manner that they
do not cause accelerated deterioration of any Common Area or Exclusive Use common Area.
Failure to do so will make the Owner responsible for all additional costs of maintenance, repair or
replacement.
(vi) HVAC Systems. The Owner shall be responsible for all aspects of maintenance,
repair and replacement of the HVAC (heating, ventilation, air conditioning) system, including the
cold air supply ducts, duct work and flues. Owner maintenance shall include such items as
changing filters and vacuuming ducts.
13
(vii) Other Components. Unless otherwise determined by the Board,

all other Exclusive Use Common Areas shall be maintained by the Owner
benefited, and repaired and replaced by the Association to the extent that such
work is appropriate due to normal usage. These components shall include main
entry doorsteps, main entry stoops, front porches, door frames, window frames,
door bells, Townhouse mailboxes, address numbers, and exterior light fixtures
immediately adjacent to and serving the particular Unit.
(d)
Landscaping. All landscaping in the Properties shall be maintained
and cared for so as to present itself as neat and orderly. Any weeds or diseased or dead
lawn, trees, ground cover or shrubbery shall be removed and replaced. Lawns, shrubs and
trees shall be neatly trimmed.
(i) Common Area. The Association shall be responsible for all
landscaping located on the Common Area, excluding Exclusive Use Common
Area.
(ii) Exclusive Use Common Area. Each Owner shall be responsible
for all vegetation within his or her Balcony, deck, Patio and/or yard. Each
Owner shall contain such vegetation within the confines of the yard, balcony or
deck area and shall be responsible for any damage, including that caused by roots
and abrasion, to areas which the Association maintains, repairs and/or replaces.
The Association may regulate landscaping that exceeds fence or railing height or
that has roots or branches that protrude beyond the Owner's Exclusive Use
Common Area. No planters or any other items may be placed atop fences,
balcony railings or deck railings. The Association may prohibit or impose
conditions upon plantings of particularly invasive vegetation, such as bamboo
and ivy.
(e)
Wood Destroying Organisms (Including Decay, Dryrot and Termites).
(i)
The Owner is responsible to take reasonable measures to keep
Exclusive Use Common Area free of wood-destroying organisms and pests and
the damage they cause. Reasonable measures shall include use of proper racks
for storage of firewood, spacers under all pots, planters and other objects which
would tend to trap moisture on decks or balconies, and prompt removal of leaves,
dirt and other debris. Use of outdoor carpet over decks, Balconies and Patios is
prohibited. Reasonable measures shall also include prompt notification of the
Association of any pests, organisms or damage which the Association should
investigate and/or act on.
(ii)
At the discretion of the Board, the Association may assume
responsibility to coordinate and cause repair and maintenance where such work
must be performed at more than one Unit. If the Association exercises the right to
such control, it may include reasonable notice of the need to temporarily vacate the
residence and/or as otherwise provided in Civil Code Section 1364.
(iii)
The Association may cause the temporary, summary removal
of any occupant of a residence for such periods and at such times as may be
necessary for prompt, effective treatment of wood-destroying pests or
organisms.
14
(iv)
The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the Association shall be
borne by the Owner or other resident of the Unit affected.
(v)
In the event the Association advances costs for which an Owner
is responsible or costs of enforcement of this section, it may seek reimbursement
in the same manner as collection of delinquent assessments.
(f)
Hazardous Materials. If the Association learns of the presence of any
material or substance in the Common Area, Unit, or Exclusive Use Common Area
which is deemed by any governmental agency to be potentially hazardous, the Board
may, at its discretion, make written findings as to the circumstances and the need to take
certain action and establish and implement appropriate policy and actions as are in the best
interests of the Association. This shall include the power to take corrective measures
similar to those set forth in subsection (e) above.
(g)
Protection from Freeze Damage. Owners shall take reasonable
precautions to protect water pipes (including hose bibs) in Exclusive Use Common Area
from freeze damage.
(h)
Earthquake Damage. The Association shall have no liability for
uninsured or underinsured damage to Unit areas or personal property caused by an
earthquake or other seismic related event.
Section 2. Enforcement.
(a) Common Area. If the need for any maintenance, repair or replacement of
any Common Area is caused through the willful or negligent act of an Owner or Owner's family,
guests, tenants, pets, invitees or lessees, then the Association may cause the work to be performed
and upon determination of responsibility may levy a Reimbursement Assessment against that
Condominium.
(b) Unit and Exclusive Use Common Area. If the Board reasonably finds a
Unit or Exclusive Use Common Area requires maintenance, repair or replacement of any
component or condition for which the Owner or the Owner's family, guests, tenants, pets, invitees
or lessees are responsible, the Board may direct the Owner to perform the work and if the Owner
fails or refuses to do so, the Association may utilize the provisions of Article XII hereof entitled
Enforcement of Governing Documents, and cause the work to be performed and levy a
Reimbursement Assessment.
(c)
Entry for Repairs. The Board or its agent may enter into any Unit or
Exclusive Common Area when necessary in connection with any maintenance, repair,
construction or landscaping for which the Association is responsible. Such entry shall be made
with as little inconvenience to the residents as practicable, and any damage caused thereby shall be
repaired by the Association. Whenever possible, at least 24 hours notice will be given to the
resident. If the Owner or resident is responsible for creating emergency circumstances, and access
is not provided by a resident, the Owner shall reimburse the Association for locksmith fees or
other costs to access and/or secure the premises. Owner(s) shall be responsible for all Association
costs incurred due to failure to cooperate and/or provide reasonable access to Owner's Unit.
15

(d)
Continuing Nuisance. Failure of an Owner to perform any maintenance,
repair or replacement determined by the Board to be the Owner's responsibility and necessary
shall be deemed a continuing nuisance.
(e)
Other Options. These enforcement options shall be in addition to those
provided for in Article XII.
ARTICLE VI
USE OF UNITS AND COMMON AREA
The Units and Common Area shall be occupied and used as follows:
Section 1.
(a)
Use of Units.
Each Unit shall be used as a residence for a Single Family and for no other purpose.
(b) No Person shall cause or permit any objects or articles of any kind, except for
outdoor patio or lounge furniture, planters and barbecue equipment, to be placed on or hung on
the Balcony, or Balconies, Patio or Patios of any Unit without obtaining the prior consent of
the Association. The consent may take the form of pre-approved guidelines. Such guidelines
may include specifics as to size, placement and number of plants and other personal property.
No outdoor carpeting or artificial grass shall be placed on any Balcony or Patio.
(c) Nothing shall be done in any Unit which will impair the structural integrity of any
building in the Property or which would structurally alter any such building except as is
otherwise provided herein.
(d) No Person shall permit anything to be done or kept in his or her Unit which will
result in the cancellation of insurance on any Unit or any part of the Common Area or which
would be in violation of any governmental status, ordinance, rule or regulation.
(e) No Person may permit or suffer anything to be done or kept in or about his or her
Unit which will obstruct or interfere with the rights of other Owners or annoy other Owners by
unreasonable noise, smell or otherwise, or which will be noxious or offensive to other Owners.
(f) Each Person shall comply with all of the requirements of all governmental
authorities, federal, state and local, and all laws, ordinances, rule and regulations applicable to
his or her Unit.
Section 2. Use of Common Area. All use of the Common Area is subject to Association
rules and restrictions, as may be amended from time to time. Use of the Common Area is further
subject to the following:
(a) There shall be no use or occupancy of any parking or storage space or any other part
of the Common Area, except by Owners of a Condominium, their guests or tenants.
(b) There shall be no obstruction of any part of the Common Area.
(c) Nothing shall be stored, kept, or parked in the Common Area, (except specifically
assigned storage areas) without the prior consent of the Association.
16
ARTICLE VI -USE OF UNITS & COMMON AREA

(d) No storage closet, locker or facility of any kind shall be built, placed, or kept in any
part of the Common Area, including Parking Spaces without the prior approval of the
Association.
(e) Nothing shall be done or kept in the Common Area which will increase the rate of
insurance on any of the community facilities without the prior written consent of the Association.
(f) No Person shall permit anything to be done or kept in the Common Area which
will result in the cancellation of insurance on any Unit or any part of the Common Area or
which would be in violation of any governmental status, ordinance, rule or regulation.
(g) Nothing shall be done to or in the Common Area which has an adverse effect on
its enjoyment, use, value or appearance. Owners shall be liable for their own acts, as well as
those of family members, tenants, guests and invitees. Any damage or destruction to the
Common Area may be cause for a Reimbursement Assessment against the Owner and his or
her Condominium.
(h) No Person may permit or suffer anything to be done or kept upon the Common
Area which will obstruct or interfere with the rights of other Owners or residents or annoy other
Owners or residents by unreasonable noise, smell or otherwise, or which will be noxious or
offensive to others.
(i) No person other than the Association and its duly authorized agent shall construct,
reconstruct, refinish or alter any improvement upon the Common Area.
(j) The Association may require deposits and/or user fees for the private use of the
Common Area, such as the Clubhouse lounge and parking places not assigned to a particular
Unit.
Section 3. Vehicle Restrictions: In order to promote traffic safety and enhance the appearance
of the Properties, no boat, trailer, recreation vehicle, camper, or truck which is in excess of one-half ton,
or truck displaying business identification or vehicular machine shall be parked or left in any parking
space or other part of the Property other than an area (if any) designated by the Association as a
recreational vehicle and boat storage area. Any such area so designated by the Association shall be
located such as to not impair the attractiveness of the Property or to impair the view from any Unit.
There shall be no repair of automobiles within the Property except for emergency vehicle
repairs. No dilapidated or inoperable vehicle may be kept on the Property. The Association may remove
or cause to be removed any unauthorized vehicle at the expense of the owner thereof in any manner
consistent with the law. The Association may limit the washing of vehicles to specified areas.
All vehicles shall display a current license plate and/or other valid state registration. The Board
may require that vehicle be registered with the Association's property manager and that each such vehicle
display the Association's parking decal.
17
ARTICLE VI -USE OF UNITS & COMMON AREA

No Owner, and no agent, employee, guest or tenant of a Owner or other persons shall park in any
parking space except (1) the Garage owned by the Owner of a Townhouse Unit; (2) the parking space
which has been assigned to an Owner for his or her exclusive use; or (3) such other parking spaces as may
be designated by the Association for the common use of some or all Owners and/or their guests or tenants.
Section 4. Sign: No sign of any kind shall be displayed to the public view on or from any Unit or
the Common Area, provided, however, (1) that upon receiving the prior consent of the Association one
sign of not more than five (5) square feet may be placed at a central location previously designated by the
Association advertising a Unit for sale or rent; ((2) the Association may maintain and display such signs
identifying the Property as the Board may deem appropriate. Any such signs shall be attractive and
compatible with the design of the Property and shall comply with any applicable city ordinances.
Notwithstanding the foregoing, any Owner and/or the Association may maintain any sign required by legal
proceedings.
Section 5. Animals: No animals of any kind shall be raised, bred or kept in any Unit or in the
Common Area except that dogs, cats, or other customary household pets in reasonable number may be
kept provided that they are not kept, bred or maintained for any commercial purpose, and provided
further that the Association by Rules may limit or restrict the keeping of any such pets. For purposes of
this Paragraph, a reasonable number of pets shall be deemed to limited to two (2) unless otherwise
determined by the Association. The Association shall specifically have the right to prohibit the
maintenance of any pet which, in the opinion of the Board after notice and hearing, constitutes a nuisance
to any Owner or other resident.
Section 6. Attics and Crawl Spaces: No development shall be made of the air space above or
below any Unit or the Common Area, without the prior written approval of the Association.
Section 7. Antennae, External Fixtures, etc: Radio and television aerials, television cable or
other exterior wiring, satellite dishes or other exterior fixtures may not be erected or kept in place or any
Owner or resident, without the prior written consent of the Association.
Section 8. Restriction on Businesses: No business of any kind whatsoever shall be established,
maintained, operated, permitted or conducted on the Property, or any portion thereof, except such
professional and administration professionals as may be permitted by City Ordinance provided there is no
external evidence thereof and it is conducted in accordance with guidelines adopted by the Board. In no
event shall a business be conducted which will (a) have a measurable negative impact on neighbors, (b)
increase vehicle or foot traffic within the Property or to the Unit, (c) cause any damage to the Common
Area, or (d) adversely affect or increase the cost of Association insurance.
Section 9. Exterior Wiring. No telephone, cable television or other wiring shall be routed long
the building exterior unless prior approval has been obtained from the Association.
Section 10. Variances. The Board may allow reasonable variances and adjustments of this
Declaration in order to overcome difficulties and prevent unnecessary hardships in the application of the
provisions contained herein; provided, however, that variances shall only be granted hereunder which are
in conformity with the intent and purposes hereof, and provided further that in every instance such
variance or adjustment will not be materially detrimental or injurious to other property or improvements
within the Properties. In the event of a request for a variance to any requirement of this Declaration, and
where notice has been given to those other Members potentially affected and a Member fails to object to
the proposed variance (according to the terms of the notice), that Member shall be barred from later
contesting the decision of the Association.
Section 11. Illega1 Act. Any illegal act shall also constitute a breach of the Governing
Documents and may, at the option of the Association, be enforced as such.
18
ARTICLE VII -SALE OR LEASE OF UNITS
ARTICLE VII
SALE OR LEASE OF UNITS
Section 1. Sale or Lease of Units. It is the intent of this section to protect, enhance and maintain
the single family residential atmosphere which exists within the Properties and to avoid occupancy of
residences for short periods of time or by an unreasonable number of individuals. Accordingly an Owner
shall be entitled to rent or lease his or her Condominium if:
(a) There is a written rental or lease agreement specifying that (i) the tenant shall be
subject to all provisions of the Governing Documents, (ii) a failure to comply with any provision of
the Governing Documents shall constitute a default under the agreement, and (iii) all tenants are
subject to disciplinary action or other actions by the Association to enforce the Governing
Documents;
(b) The initial period of the rental or lease is not less than thirty (30) days;
(c) The Owner provides any tenant or lessee with current copies of all the Governing
Documents and shall at all times be responsible for compliance by the tenant or lessee with the
Governing Documents during the tenant's or lessee's occupancy and use of the Condominium.
The Association may require evidence that the tenant or lessee has received copies of all
Governing Documents. If such evidence is requested and is not timely provided, the Association
may unilaterally provide such copies and charge the Owner.
(d) Non-resident Unit Owners who lease their Units shall not be permitted to use the
Common Area facilities.
Section 2. Obligations of Owners. Owners of Condominiums shall be subject to the following:
(a) Owner's Duty to Notify Association of Tenant and Contract Purchasers. Each
Owner shall notify the Secretary of the Association or the Association's Manager, of the names of
any contract purchaser or tenant of the Owner's Condominium within five (5) days of occupancy
by such individual.
(b) Contract Purchasers. A contract seller of a Condominium must delegate his or her
voting rights as a Member of the Association and his or her right to use or enjoy the Common
Area to any contract purchaser in possession of the property. Notwithstanding the foregoing, the
contract seller shall remain liable for any default in the payment of assessments by the contract
purchaser until title to the property sold has been transferred to the purchaser.
(c) Notification Regarding Governing Documents. As soon as practicable before
transfer of title or the execution of a real property sales contract with respect to any Condominium,
the Owner thereof must give the prospective purchaser those documents required by Section 1368
of the California Civil Code. In order to carry out the intent and purposes of this statutory
provision, the Association shall, within 10 days of the mailing or delivery of a request therefore,
provide the Owner selling the property with a copy of the current Governing Documents, together
with the delinquency statement referred to in California Civil code Section 1368. The Association
shall be entitled to impose a fee for providing the Governing Documents and delinquency
statement equal to (but not more than) the reasonable cost of preparing and reproducing the
requested materials.
19
ARTICLE VII -SALE OR LEASE OF UNITS
Section 3. Termination and Commencement of Qbligations. Notwithstanding that an annual Assessment

has been levied or a special Assessment is payable in installments, when ownership changes occur:
(a)
the transferor-Owner shall be personally liable for the pro rata share of all annual and other
Assessments which became payable up to the time of transfer, and
(b)
the receiving-Owner shall be responsible personally for the pro rata share reflecting payments
actually payable after acquisition of the ownership interest.
In the event payment of an annual or other Assessment has been accelerated under Article IV, Section 3(c) hereof,
upon change in title, the personal liability of both parties shall nonetheless be prorated. Therefore, neither shall be
personally liable for amounts due and payable during a time when no ownership interest is held.
Section 4. Notice of Acquisition. A purchaser or other person or entity acquiring an ownership interest to a
Condominium shall notify the Association not more than ten (10) days after the date of acquisition and provide (i)
the name(s) of all persons or entities with an ownership interest as listed on the recorded title transfer documents, (ii) a
mailing address for the Owner(s), (iii) day and evening telephone numbers, and (iv) the effective date of acquisition
of each ownership interest.
ARTICLE VIII
INSURANCE
Section 1. Types of Insurance Coverage. The Association shall purchase, obtain and maintain the
following types of insurance, if and to the extent such insurance, with the coverage described below, is available at a
reasonable premium cost from an insurer licensed by the State of California.
(a) Fire and Casualty Insurance. The Association shall have the power and the obligation to
insure and keep insured the Common Area and all improvements located in the Common Area, against
loss or damage by fire or other calamity for the full insurable replacement cost thereof; and it may obtain
insurance against such other hazards thereto as it may deem desirable. The Association may also insure any
property whether real or personal, owned by the Association, against loss or damage by fire and such other
hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such
insurance. Nothing in this Article shall be construed to limit coverage for damage to Unit areas or Owner
improvements that may otherwise be covered by the policy.
(b)
Liability Insurance. The Association shall have the power to and shall obtain
comprehensive public liability insurance to protect against any liability to the public or to Unit Owners
incident to the ownership and use of the Common Area. The limits of such insurance shall be not less the
Three Million Dollars ($3,000,000) covering all claims for death, personal injury and property damage
arising out of a single occurrence. The liability insurance referred to herein shall identify as separately
protected insureds the Association, the Members of the Association, and the Board of Directors from
liability in connection with the maintenance and use of the Common Area.
(c) Other Insurance. The Association shall also secure and maintain worker's Compensation
insurance to the extent necessary to comply with all applicable laws of the State of California or the
20
ARTICLE VIII INSURANCE

regulations of any governmental body or authority having jurisdiction over the Property.
(d) Provisions and Limitations.
(i) It is acknowledged that terms of insurance coverage do not always
coincide with defined areas of Owner and Association ownership, or responsibilities
to maintain, repair or replace. Notice is hereby given that the Association's casualty
insurance shall be construed to provide the maximum coverage possible for all
improvements (whether Unit, Common Area or Exclusive Use Common Area)
wherever located. Should a dispute arise between the Association and its insurer as
to the difference between the coverage provided in the policy and that required by
the CC&Rs, the more comprehensive of the two shall be applied as that which is
covered.
(ii) Any insurance acquired by the Board may be taken in the name of the
Association. The Board may acquire any other types of insurance, endorsements or
insurance amounts in excess of the limits provided above if the Board shall
determine the same to be necessary in its sole discretion to fully protect the interests
of the Owners. This includes director and officer liability insurance.
(e) Fidelity Bond. If requested in writing by a majority of the Owners, a fidelity
bond naming the Board and such other person as the Owners may designate as principals and
the Owners as obligees in an amount equal to at least one-half (1/2) of the total sum collected
by regular and special Assessments during the preceding year.
Section 2. Additional Insurance by Unit Owner: Every Owner is encouraged to insure
his or her Unit area and personal property against loss. Additionally, every Owner is encouraged to
carry Comprehensive Personal Liability Insurance. Insurance procured by the Association does not
cover many perils and liabilities individual Owners may incur.
Section 3. Earthquake Insurance. The Association may, but shall not be required to,
obtain earthquake insurance. Any Director or the Association shall not incur any liability for the
failure to obtain or maintain earthquake insurance. The Board may periodically submit to the Owners
the question of whether or not to obtain earthquake insurance. That may be submitted in the form of a
vote to increase Assessments to cover such cost. After consultation with the Association's certified
public accountant and/or counsel, at its discretion and/or in conjunction with a vote of the Members,
the Board may establish and maintain an earthquake contingency fund which shall be accounted for in
such similar manner as a reserve account. Such funds may be in conjunction with or in lieu of
earthquake insurance. Such funds may also be used for upgrading structural components.
Section 4. Association Insurance Deductible. The Association shall pay the deductible
on fire or other casualty losses unless it can be shown that the point of origin of the cause or damage is
in the Unit area, in which case the Owner shall be responsible to pay the deductible. In either event, if
the damage is caused by negligence, the responsible party shall pay the deductible.
Section 5. Insurance Trustee. All property insurance proceeds payable to the
Association under the policy described in Section 1(a), subject to the rights of Mortgagees, may be
paid to a trustee as designated by the Board to be held and expended for the benefit of the Owners and
Mortgagees, as their respective interests shall appear. The trustee shall be a commercial bank or other
financial institution with trust powers in San Mateo County that agrees in writing to accept such trust.
21
ARTICLE VIII INSURANCE

If repair or reconstruction is authorized, the Association will have the duty to contract for such work as
provided for in this Declaration.
ARTICLE IX
EASEMENTS
There are specifically reserved for the benefit of the Owners, in common and for each Owner
severally, as their respective interests shall obtain, the easements, reciprocal negative easements,
secondary easements, and rights of way as particularly identified in this Article.
Section 1. Utility Services. There is reserved for the benefit of each Unit (as dominant
tenement), an easement for utility services over, under and through the subject property, including the
Common Area, and each other Unit, jointly (as the servient tenement). In other words, to the extent
that utility lines serving one Unit must pass through Common Area or another Unit, reasonable
consent to that use may not be withheld or revoked.
Section 2. Encroachment. There is reserved for the benefit of each Unit (as dominant
tenement), an easement for encroachment, occupancy and use of such portion of the Property and
each other Unit and the Common Area, jointly (and as the servient tenement), as shall be
encroached upon, used and occupied by the Owner of the dominant tenement as a result of any
alluvial, accretion, erosion, addition, subsidence, deterioration, decay, construction errors, movement
or subsidence of any residence building or structure or any portion thereof or any other cause. The
easement of encroachment here reserved shall continue notwithstanding that the encroachment may
be cured by repair and restoration of the structure.
Section 3. Maintenance and Repair. There is hereby reserved to the Association and
each Owner an easement appurtenant to the Common Area and all other Units, as dominant
tenements, through each Unit, as servient tenements, for the maintenance and repair of the Common
Area. This includes access to Common Area systems such as alarms and sprinklers.
Section 4. Ingress and Egress. There is hereby reserved to the each Unit, as dominant
tenement, a non-exclusive easement appurtenant to each Unit for ingress and egress through, over,
and across the Common Area, as servient tenement.
Section 5. Balconies and Patios. Each Unit and each Owner has an exclusive easement for
the use, possession and enjoyment of the Balcony or Patio adjacent to said Unit which Patio or
Balcony bears a corresponding number to the Unit all as more particularly identified on the
Subdivision Map; subject, however, to the right of the Association to enter in and upon the Balcony
or Patio for the purpose of maintaining and/or repairing it or for the purpose of enforcing the
Governing Documents, including this Declaration.
Section 6. Village Unit Parking. Each Village Unit and each Owner of a Village Unit has
an exclusive easement for the use, possession and enjoyment of the parking space or spaces indicated
and described on the grant deed conveying said Condominium to said Owner, subject, however, to
the right of the Association to enter in and upon said parking space or spaces for the purpose of
maintaining and/or repairing the Common Area including said parking space or for the purpose of
enforcing Governing Documents, including this Declaration.
22
ARTICLE IX EASEMENTS
Section 7. Emergency Vehicle Easements.
(a) An easement is hereby granted to the City of Daly City, California, over, across and
through the driveways and roadways of the Property for the access, ingress (entering) and
egress (exiting) of emergency vehicles to and from the Property. Such rights shall be free and
unobstructed in order to provide reasonable and necessary emergency service to the Property
and residents.
(b) An easement is hereby granted to the City of Daly City, California, over, across and
through the Property over the driveways and roadways of the Property for the access, ingress and
egress of emergency vehicles to that certain real property directly adjoining the Property on the
south, commonly known as Crown Colony (formerly known as 1972 CNA- Larwin Realty Fund #1)
and more particularly described on Exhibit F to the Former Declaration. Such rights of access,
ingress and egress shall be free and unobstructed in order to provide reasonable and necessary
emergency service to Crown Colony provided, however, that the City and the Association may agree
in writing to permit installation of automatic security gates or other such controls across said
easement at the boundary of the Property and the described real property to provide for the
reasonable security of the Property.
ARTICLE X
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 1. Restoration Defined. As used in this Article, the term "restore" shall mean repairing,
rebuilding or reconstruction of damage to substantially the same condition and appearance prior to fire or
other casualty damage.
Section 2. Insured Casualty. If any improvement is damaged or destroyed from a risk covered by
the insurance required to be maintained by the Association, then the Association shall, the extent
permitted under existing laws, restore the improvement to the same condition as it was in immediately
prior to the damage or destruction. The Association shall proceed with the filing and adjustment of all
claims arising under the existing insurance policies. The insurance proceeds shall be paid to and held by
the Association or an insurance trustee selected under the provisions of Article VIII, Section 5 entitled
Insurance Trustee.
Section 3. Restoration Proceeds. The costs of restoration of the damaged improvement shall paid
first from any insurance proceeds paid to the Association under existing insurance policies. If the
insurance proceeds exceed the costs of restoration, the excess proceeds shall be paid into reserves and
held for the benefit of the Association. If the insurance proceeds are insufficient to restore the damaged
improvement, the Board shall then add to the insurance proceeds all reserve account funds designated for
the repair or replacement of the damaged improvement. If the total funds then available are sufficient to
restore the damaged improvement, the improvement shall be restored. If the aggregate amount of
insurance proceeds and such reserve account funds are insufficient to pay the total costs of restoration, a
special Assessment against all Owners shall be levied by the Board up to the maximum amount
permitted without the approval of the Members in accordance with the limitations set forth in this
Declaration and by law. If the total funds then available are sufficient to restore the damaged
improvement, the improvement shall be restored.
If the total funds available to the Association are still insufficient to restore the damaged
improvement, then the Board shall first attempt to impose an additional special Assessment pursuant to
Section 4 below; and second to use a plan of alternative reconstruction pursuant to Section 5 below.
23
ARTICLE X -DAMAGE, DESTRUCTION OR CONDEMNATION

If the Members do not approve such actions, then the entire building of which the damaged improvement
is a part shall be sold pursuant to Section 6 below.
Section 4. Additional Special Assessment. If the total funds available to restore the damaged
improvement as provided in Section 3 are insufficient, then a meeting of the Members shall be called for
the purpose of approving a special Assessment to make up all or a part of the deficiency ("Additional
Special Assessment"). If the amount of the Additional Special Assessment approved by the Members,
and the amounts available pursuant to Section 3 above, are insufficient to restore the damaged
improvement, or if no Additional Special Assessment is approved, the Association shall consider a plan
of alternative reconstruction in accordance with Section 5.
Section 5. Alternative Reconstruction. The Board shall consider and propose plans to
reconstruct the damaged improvement making use of whatever funds are available to it pursuant to Section
3 and Section 4 above ("Alternative Reconstruction"). All proposals shall be presented to the Owners. If
two-thirds of the voting power of the Owners whose residences were materially damaged, as determined
by the Association ("Affected Owners") and a majority of the voting power of the Members, including
the Affected Owners, agree to any plan of Alternative Reconstruction, then the Board shall contract for
the reconstruction of the damaged improvement in accordance with the plan of Alternative Reconstruction
making use of whatever funds are then available to it. If no plan of Alternative Reconstruction is agreed
to, then the provisions of Section 6 shall apply.
Section 6. Sale of Building. If the damaged improvement is part of a Condominium building
("Damaged Building"), the damage renders one or more of the Units uninhabitable, and the improvements
will not be restored in accordance with the provisions of Sections 3, 4, and 5, the Board, as the attorneyin-fact for each Owner of a Unit in the Damaged Building, shall be empowered to sell the Damaged
Building, including all residences therein, in their then present condition, on terms to be determined by the
Board, provided that the Board receives adequate assurances that the purchaser shall, and has the
financial capability to: (i) restore the Damaged Building (either by renovation or removal and rebuilding),
(ii) remove the Damaged Building and restore any remaining improvements as may be necessary, (iii)
remove the Damaged Building (including foundations), grade the area, and appropriately landscape or
otherwise improve the area, or (iv) perform any combination of the foregoing. Any work to be performed
by the purchaser with respect to any of the foregoing shall be subject to Association architectural
approval. In lieu of selling the Damaged Building to a third person, the Association may purchase the
Condominium building on satisfaction of the following conditions:
(a) Members holding 67% of the total voting power (including a majority of the votes
allocated to the Units within the Damaged Building) approve of the purchase;
(b) the purchase price is the fair market value of the Damaged Building is situated as of
the date of sale as determined by an appraisal made by a qualified and independent real estate
appraiser;
(c) any special Assessment needed to fund the purchase price shall be levied against all
Units, including the Units within the Damaged Building;
(d) the Association has an adequate source of funds to repair, renovate or rebuild all of
a portion of the Damaged Building and/or to remove and appropriately landscape the remaining
area. For this purpose, no Condominium that is being purchased shall be subject to any
Assessment intended to be used as a source of such funds.
24
ARTICLE X - DAMAGE, DESTRUCTION OR CONDEMNATION

The proceeds from the sale, together with the insurance proceeds received and any
reserve funds allocated to the Damaged Building, after deducting therefrom the Association's
sale expenses, including commissions, title and recording fees, and legal costs, shall be
distributed among the Owners of Units in the Damaged Building and their respective
Mortgagees, in proportion to their ownership interest in the Common Area as set forth in
Exhibit D of the Former Declaration.
If a Damaged Building is removed and not restored so that the new building contains
the same number of Units as the removed building, the Board shall take appropriate steps to
adjust the property interests of the remaining Unit Owners to effect such amendments as may
be necessary to the Declaration, the Condominium Plan and the Map to reflect the revised
property interests and other related changes.
Section 7. Rebuilding Contract. If there is a determination to restore, the Board or
its authorized representative shall obtain bids from at least two licensed and reputable
contractors and shall accept the repair and reconstruction work from whomever the Board
determines to be in the best interests of the Members. The Board shall have the authority to
enter into a written contract with the contractor for such repair and reconstruction, and the
insurance proceeds shall be disbursed to the contractor according to the terms of the contract.
The Board shall take all steps necessary to assure the commencement and completion of
authorized repair and reconstruction at the earliest possible date. Such construction shall be
commenced no later than 180 days after the event requiring reconstruction and shall thereafter
be diligently prosecution to completion. Such construction shall return the Property to
substantially the same condition and appearance in which it existed prior to the damage or
destruction.
Section 8. Authority to Effect Changes. If any Condominium Building or portion
thereof containing Units is damaged or destroyed or in need of renovation or rehabilitation and
the Condominium Building is repaired or reconstructed, the Condominium Building may be
repaired or reconstructed in a manner that alters the boundaries of the Units or Common Area,
provided the following conditions are satisfied:
(a)
the alteration has been approved by the Board of Directors, by
Members holding a majority of the total voting power of the Association, and by the
holders of any first Mortgages to the extent required herein;
(b)
the Board of Directors has determined that the alteration is necessary
in order to comply with current building code requirements, to meet current building
construction standards and procedures or to improve the conditions and quality of the
Condominium Building;
(c)
the alteration does not materially change the location of any Unit or
materially reduce the size of any Unit without the consent of the Unit Owner and the
holders of any first Mortgages thereon. For purposes herein, a material reduction in
the size of the Unit shall mean any alteration that increases or decreases the square
footage of the interior floor space of the Unit by more than 10% from the square
footage as shown on the Condominium Plan;
(d)
the Board of Directors has determined that any alteration that will
relocate or reduce the Common Area will not unreasonably interfere with the rights
of the Owners and occupants to use and enjoy the Common Area;
(e)
the Condominium Plan is amended to reflect the alteration to the Units or
Common Area.
25
ARTICLE X -DAMAGE, DESTRUCTION OR CONDEMNATION

Each Owner irrevocably appoints the Association as that Owner's attorney-in-fact and
irrevocably grants to the Association the full power in the name of the Owner to effect any alteration to
any Unit or Common Area as authorized above, including, but not limited to, the execution, delivery and
recordation of any Condominium Plan amendments, deeds or other instruments.
ARTICLE XI
ARCHITECTURAL CONTROL
Section 1. Architectural Approval. Owners may alter or remodel the interiors of their Units
if the alterations do not impair the structural integrity of the Unit or of the building containing the Unit,
and if the Owner complies with all laws and ordinances regarding alterations and remodeling. If a
building permit is required by the City for any interior work, the Owner is required to provide a copy to
the Association. No alteration of the Unit may be made which will result in an increase in sound
transmission into any other Unit. Unless prior approval of the Association is obtained, no alteration of
the Unit may be made which will be visible from the outside of the Unit. Further, there shall be no
significant and/or structural modifications of the Common Area (including Exclusive Use Common
Area) or the individual Units without the prior written approval of the Association. The Board may
exercise control directly or utilize an Architectural Committee to accomplish this regulation. In addition,
a copy of professionally drawn plans may be required to be submitted to the Association before approval
of changes is given.
Section 2. Architectural Committee. The Architectural Committee, if any, shall be composed
of three persons appointed by the Board of Directors, each of whom shall be Members of the
Association. Architectural Committee members shall be subject to removal by the Board.
Section 3. Meetings; Action; Compensation; Expenses. The Architectural Committee, if any,
shall meet from time to time as necessary to properly perform its duties hereunder. The vote or written
consent of a majority of its members shall constitute an act by the Architectural Committee. The
Architectural Committee shall keep and maintain a record of all action from time to time taken by the
Architectural Committee at such meetings or otherwise. Members of the Architectural Committee shall
not receive any compensation for services rendered. All members shall be entitled to reimbursement for
reasonable expenses incurred by them in connection with the performance of any Architectural
Committee functions.
Section 4. Architectural Rules. The Architectural Committee may, from time to time, subject
to Board review and approval, adopt, amend and repeal, by unanimous vote, rules and procedures to be
used for review of architectural alterations.
Section 5. Waiver. Approval of any plans, drawings or specifications for any work done or
proposed, or for any other matter requiring approval, shall not be deemed to constitute a waiver of any
right to deny approval of any similar plan, drawing, specification or matter subsequently submitted for
approval.
Section 6. Determination of Compliance. Any work performed, whether or not the Owner
obtained proper approvals, may be inspected and a determination of compliance may be made as
follows:
(a) Upon the completion of any work performed by Owner for which approval was
required, the Owner shall give written notice of completion to the Association. If the Owner
fails to give the notice of completion of work performed for which approval was required, the
Association may proceed upon its own motion.
26
ARTICLE X I - ARCHITECTURAL CONTROL

(b) After receipt of the notice of completion or after the Association determines to
proceed on its own motion, the Association may inspect the work performed and determine whether
it was performed in substantial compliance with the approval granted. If the Association finds that
the work was not performed in substantial compliance with the approval granted or if the
Association finds that the approval required was not obtained, the Association shall notify that
Owner in writing of the noncompliance. The notice shall specify the particulars of noncompliance
and shall require the Owners to remedy the noncompliance.
Section 7. Liability. Neither the Board nor the Architectural Committee shall be liable to the
Association or any Owner for any damage, loss or prejudice suffered or claimed on account of (i) the
approval or disapproval of any plans, drawings and specifications, whether or not defective, or (ii) the
construction or performance of any work, whether or not pursuant to approved plans, drawings and
specifications, provided, however, that such member has acted in good faith on the basis of such
information as may be possessed by him or her. Without limiting the foregoing, the Architectural
Committee, or any member thereof, shall consult with the Board, if requested, with respect to any plans,
drawings or specifications, of any other proposal submitted to the Architectural Committee.
Section 8. Architectural Enforcement.
(a) Notice and Opportunity for Hearing. If the Association has determined that an
Owner has not constructed an improvement consistent with the approval granted or has failed to
obtain approval, and if the Owner fails to remedy such noncompliance in accordance with the
provisions of the notice of noncompliance, the Owner shall be provided with notice of Owner's
right to a hearing before the Board pursuant to Article XII, Section 4(b) hereof. The affirmative
burden is on the Owner to request a hearing.
(b) Determination. At the hearing or when the matter is otherwise addressed by the
Association, if the Association finds that there is no valid reason for the continuing
noncompliance, the violation shall be deemed a continuing nuisance. The Association shall then
require the Owner to remedy or remove the same within a reasonable time period which may be
thirty (30) days from the date of the Association's determination.
(c)
Association Options for Continuing Nuisance. If the Owner does not comply
with the Associations ruling within such period or within any extension of such period as the
Association, in its discretion, may grant, the Association may (i) remove the noncomplying
improvement, (ii) remedy the noncompliance, or (iii) record a Notice of Architectural Violation
against the property, which shall also be conclusive as to all Owners and any successors in interest.
The costs of any such action(s) shall be assessed against the Owner as a Reimbursement
Assessment. These powers of enforcement shall be in addition to the general enforcement
provisions of this Declaration.
Section 9. Notice of Record. The Association shall have the right to record with title to a
Condominium an Architectural Notice to convey to any prospective or future Owner, the status of
(i) an architectural violation, or (ii) an architectural agreement which may alter Owner and Association
responsibilities from those otherwise provided in this Declaration. The Association shall provide the
Owner with a copy of any such recorded Notice.
27
ARTICLE X II - ENFORCEMENT OF GOVERNING DOCUMENTS
ARTICLE XII
ENFORCEMENT OF GOVERNING DOCUMENTS
Section 1. Violation.
(a)
Definition. A violation of the Governing Documents shall be defined as a single act or omission
occurring on a single day. Any activity or condition which constitutes a public or private nuisance shall also be
deemed a violation. If the detrimental effect of a violation continues for additional days, discipline imposed by the
Association may include one component for the violation and, according to the Association's discretion, a per diem
component for so long as the detrimental effect continues. Similar violations on different days shall justify
cumulative imposition of disciplinary measures. The Association shall take reasonable and prompt action to
mitigate, repair or avoid the continuing damaging effects of a violation or nuisance occurring within the Common
Area at the cost of the responsible party.
(b)
Forum. The Board may exercise control directly or delegate control to the Tribunal Committee or
other hearing body. If delegated, there shall be a right of appeal to the Board.
The Association shall have jurisdiction to cause conformance with the provisions of
Section 2. Jurisdiction.
the Governing Documents over (a) any person on the Properties or any other person with rights in the property located on
or at the Properties, including ownership, leasehold or other interests, and (b) any real and/or personal property. Said
jurisdictional authority shall be subject to the terms, conditions and safeguards provided herein.
Section 3. Enforcement Options. In the event of a breach or violation of any of the Governing Documents by a
Member or tenant or the Member's or tenant's guests, lessees, employees, invitees, or licensees, the Board, for and on
behalf of all other Members may enforce compliance with the Governing Documents through the use of such remedies as
are deemed appropriate by the Board and available in law or in equity, including, but not limited to, the following:
(a)
facilities.
Suspension of Rights. The Board may suspend voting rights or the right to use recreational common
(b) Fines. The Board may levy a reasonable fine in an amount not to exceed an amount equivalent to the
regular Assessment for two months for each occurrence. Fines arising from cumulative or continuing violations
during any thirty (30) day period shall not exceed an amount equivalent to three times the monthly Assessment. Any
such fine may be collected in the same manner as a Reimbursement Assessment, including the power to lien, except
that any such lien may not be enforced by non-judicial foreclosure. The Board may implement schedules of
reasonable fines and penalties for particular offenses that are common or recurring in nature and for which a uniform
fine schedule is appropriate (such as illegally parked vehicles). If such a fine policy and schedule is adopted by the
Association, the Association shall distribute to each Member, by personal delivery or first-class mail, the schedule of
fines that may be assessed for certain violations. In imposing any fine, the Association, at its sole discretion, may
choose to suspend some or all of the fine for a period of time pending compliance with a directive of the Association.
(c) Alternative Dispute Resolution (ADR). In the event of a dispute between Owners (or residents), the
parties shall comply with the mandatory ADR provisions of Civil Code Section 1354 or such other form of ADR as
may be agreed upon.
28

(d)
Legal Action. Recognizing the importance of preserving status quo in the Village
Serramonte neighborhood is an important goal of this Declaration. This includes the preservation of
aesthetics and the quiet enjoyment of each residence. With the exception of nonpayment of any
Assessment, the recovery of dollar damages for any violation of the Governing Documents is an
insufficient remedy. Enforcement of the Governing Documents against any Owner or resident may
be undertaken by appropriate legal proceedings instituted by any Owner, the Association, or both.
Legal proceedings may include the following:
(i) an action for mandatory injunction (a court order or judgment which requires
someone to do something);
(ii)
behavior);
an action for prohibitory injunction (in which the court prohibits specified
(iii) an action for declaratory relief (such as interpretation of any provision of the
Governing Documents); and/or
(iv)
A claim for damages, including prospective costs and costs actually incurred
in obtaining compliance.
No action shall be filed unless or until there is compliance with the Alternative Dispute
Resolution provisions required by Civil Code Section 1354
(e) Self Help. The Association shall have the right to enter any Unit to gain compliance
with the Governing Documents, including but not limited to the following:
(i) Maintenance, Repair and Replacement. If the Association reasonably finds
a Unit requires maintenance, repair or replacement of any component or condition for
which the Owner is responsible, the Board may direct the Owner to perform the work
and if the Owner fails or refuses to do so, the Association may utilize the provisions set
forth herein, and cause the work to be performed and collect the cost by adding it to the
assessment for that Unit and collecting it in the same manner as a Reimbursement
Assessment.
(ii) Removal of Nuisance. Subject to the provisions herein, the Association shall
have authority to enter upon a Unit to cause the removal of a nuisance from the
Properties.
(f)
Imposition of Reimbursement Assessment. The Association may levy a
Reimbursement Assessment as provided for in Article IV, Section l(c) hereof.
Section 4. Implementation. There are three different procedures that the Association may use to
assure that actions to enforce the Governing Documents are done in a fair and reasonable manner. Each
provides the party charged with a violation with an opportunity to be heard.
(a) The Association Set a Hearing Date. The Association gives notice that a hearing
will be conducted fifteen or more days after the notice is conveyed.
29

(b) The Party Requests a Hearing Date. The Association gives notice of the violation and
the sanction that will be automatically imposed at least fifteen days after the notice is conveyed - unless a
hearing is requested by the party. Such a request for hearing must be made within ten days of the notice;
this limitation should also be set forth in the notice itself. If a hearing is timely requested, imposition of
any sanction should be suspended and the hearing set for not less than fifteen days from the date of
request.
(c)
Pressing Circumstances. Some circumstances may justify immediate action. If there is:
(i) an immediate and unreasonable infringement of, or threat to, the safety or quiet
enjoyment of neighboring Owners;
(ii)
a traffic or fire hazard;
(iii)
a threat of material damage to, or destruction of property; or
(iv) a violation of the Governing Documents that is of such a nature that

there is no material question regarding the identity of the violator or whether a violation has
occurred (such as parking violations),
Under these circumstances the Board or its authorized agent may take immediate corrective or
disciplinary action. If party desires an appeal of the action, such request must be made in writing not later
than five days after actual or constructive notice of the action. If such a request is received by the
Association and enforcement activity may reasonably be delayed, the Association shall then schedule a
hearing to be conducted five or more days after the request is received and at least five days before
continued Association enforcement activity, if any, is to be taken.
(d)
Due Process Generally.
(i)
Findings of Fact and Determination. During the hearing, after the hearing or
when the matter is otherwise addressed by the Association, the Association shall make
findings of fact and if a violation is held to have been committed, the Association may levy
sanctions and a Reimbursement Assessment and take such other action as it deems
appropriate. If any sanction is imposed by a Tribunal Committee, the determination shall also
include notice of right to appeal to the Board.
(ii) Right to Appeal. If the enforcement procedure has been implemented by the
Tribunal Committee or other committee, there shall be a right of appeal to the Board of
Directors. The Board may adopt procedures for appeals which generally comport with the
provisions of Section 4(a) herein. The determination of the Board of Directors shall be
final.
(e) Referral to Governmental Agency. The Association, in its sole discretion, may refer
any enforcement action to the appropriate governmental agency with jurisdiction, such as the police
department, fire department, health department or other proper agency.
(f)
Owner Standing. If the Association declines to take action in any instance, any
Owner shall have such rights of enforcement as exist by virtue of Section 1354 of the California Civil
Code or otherwise by law.
30

Section 5. Notices.
(a)
Content. Notices and requests must be in writing. Notices from the Association shall
include at a minimum, the date and time for the hearing, a brief description of the action or inaction
constituting the alleged violation of the Governing Documents and reference to the relevant
Governing Document provision.
(b) Conveying. Notices and requests may be given by any method reasonably calculated to give
actual notice. If the notice or request is given by mail, it shall be sent by the first-class and/or certified
mail. If the Association uses the mail, it may send such notice to the last address of the Owner or other
person, shown on the records of the Association.
Section 6. Miscellaneous.
(a) Cumulative Remedies. The respective rights and remedies provided by this Declaration or
by law shall be cumulative, and the exercise of anyone or more of such rights or remedies shall not
preclude or affect the exercise, at the same or at different times, of any other rights or remedies for the
same or any different default or breach or for the same or any different failure of any Member or others
to perform or observe any provision of this Declaration.
(b) Non-Waiver. The failure of any Member, the Board of Directors, any Committee or the
Association or its officers or agents to enforce any of the covenants, conditions, restrictions,
limitations, reservations, grants of easements, rights, rights-of-way, liens, charges or equitable
servitudes contained in this Declaration shall not constitute a waiver the right to enforce the same
thereafter, nor shall such failure result in or impose any liability upon the Association or the Board, or
any of its officers or agents.
(c) Rules re: Disciplinary Proceedings. The Board, or an appropriate committee appointed by
the Board, shall be entitled to adopt rules and/or policies that further the efficient conducting of
disciplinary proceedings. Such rules and/or policies shall form a part of the Association Governing
Documents.
(d) Recording with Title. In addition to any other enforcement options the Association may
have, in the event of a violation, the Association may cause to be filed with title to the offending Unit,
a Notice of Violation which shall constitute notice to and be binding on all ownership interests of the
Condominium and their successors in interest of a continuing nuisance and/or that the property is
security for payment of damages and/or Reimbursement, Assessments. A copy of any such notice shall
be provided to the Owner identified in the Association's records.
(e) Notices to Mortgagees. If any Owner of a Condominium is in default under any provisions
of the Governing Documents, which default is not cured within thirty (30) days after written notice to
such Owner, the Association may give to the mortgagee of record of such Owner written notice of
such default and of the fact that said thirty (30) day period has expired.
(f) Noncompliance with Procedure. Failure by the Association to technically comply with the
procedures set forth herein, or any rules or policies adopted, shall not be fatal to the process so long as it
can be determined that there is no prejudice to the person who has been charged with a violation.
Appearance at a hearing shall constitute a waiver of any defect in notice.
31

(g) Fees and Costs of Enforcement. In any legal action to enforce the Governing
Documents, the prevailing party shall be awarded reasonable attorneys fees, costs and other
charges incurred.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Mechanics' Liens. In case there shall be filed a notice of Mechanics' Lien against any
building or buildings in the Property for, or purporting to be for, labor or material alleged to have been
furnished or delivered at the Project Property or at any Condominium Unit for the Owner, the Owner
shall forthwith cause such lien to be discharged by payment, bonding or otherwise. If the Owner shall fail
to cause such lien to be discharged by payment, bonding or otherwise within five (5) days from the date of
notice from the Association, then the Association may cause such lien to be discharged by payment, bond
or otherwise without investigation as to the validity thereof or any offsets or defenses thereto. The
Association shall have the right to collect all such amounts so paid, together with interest thereon at the
legal rate and all costs and expenses paid or incurred in connection therewith, including reasonable
attorney fees. The Association may utilize its powers to collect the amount due it as a Reimbursement
Assessment.
Section 2. Term of Declaration. The provisions of this Declaration shall continue and be
effective until January 1, 2004, after which time this Declaration shall be automatically extended for
successive periods of ten (10) years, until a majority vote of the Owners shall determine that this
Declaration shall terminate. It may be amended as provided below.
Section 3. Amendments. This Declaration may be amended by an instrument in writing
reflecting approval of not less than seventy-five percent (75%) of the Owners. For any amendment
which requires approval by parties with a security interest in any Condominium, and where such parties
obtain this right subsequent to the recordation of this Declaration, implied approval shall be assumed
when an eligible mortgage holder fails to submit a response to any written proposal for an amendment
within thirty (30) days after the Association sends notice of the proposal by certified or registered mail
with "return receipt requested" and by first-class mail. Said amendment shall be effective upon
recordation in the Office of the Recorder of the County in which the Property is situated.
Notwithstanding anything to the contrary herein contained, no such amendment shall affect the rights of
the holder of any deed of trust or mortgage recorded prior to the recordation of such amendment.
Section 4. Right of City to Compel Performance. In consideration of the approval of the City
of Daly City of the development of the real property to which this Declaration relates, each Owner of
any Condominium by acceptance of a deed therefor, whether or not it shall be so expressed in such deed,
and all heirs, executors, administrators, assigns, and successors in interest of each such Owner is deemed
to covenant and agree as follows:
(a) City's Remedies. In the event that any or all of any part of the real property taxes,
and/or taxes or assessments that may be imposed by the Association or any public entity,
including the City of Daly City, on the Common Area shall remain unpaid and in default more
than three (3) months after the due date thereof, or in the event the Association shall fail to
maintain the Common Area, the City, as beneficiary of the covenants and agreements contained
in this Declaration on the part of each Owner and all successors in interest, and as the agent of
the Association and in the name of the Association, after furnishing written notice of its intention
to the Association, may do any of the following:
32
ARTICLE X III - GENERAL PROVISIONS

(i)
Do or perform any act the Association may do or perform and in such
event, shall be entitled to recover all costs incurred.
(ii) In the event the Association fails to do so as set forth in its Bylaws and
in this Declaration, the City may, without otherwise complying with the provisions of
this Declaration and said Bylaws, fix an annual Assessment against each
Condominium, which shall be reasonably adequate to meet the costs and expenses
referred to in Article III, and subparagraph (a)(i) of this section.
(iii) If the City, in its discretion determines the Association is not diligently
attempting to collect the amounts owing the Association, the City may, as the agent and
in the name of the Association, take any such legal steps to collect such amounts, by
actions of law or by foreclosure pursuant to Civil Code Section 1356, as the City may
determine to be necessary in each individual case.
(iv) If the City takes any steps not involving court proceedings to collect any
sums which should be paid to the Association as provided for in this Declaration, the
City may fix the amount of reasonable attorneys' fees in each case and the amount of
attorneys' fees so fixed shall be binding upon the Owners.
(b)
Costs of Enforcement. In the event that the City shall exercise any of the
remedies afforded to it under the preceding subparagraph(a) of this Section 4, any sums recovered
from such suit or foreclosure sale or judicial foreclosure proceedings shall be applied first to
cover the City's cost of suit or foreclosure, including but not limited to filing fees, title company
charges, miscellaneous foreclosure charges, and reasonable attorneys' fees. The balance of any
sums so recovered shall then be applied against any amount which is then lawfully owing to the
City or other public entities. All remaining sums shall be paid to the Association, to be held in
trust by the Association for the person or persons legally entitled thereto.
(c)
Amendment. This section 4 may not be amended without the express written
approval of the City of Daly City.
Section 5. Interpretation. The provisions of this Declaration shall be liberally construed to
effect its purposes of managing a uniform plan for condominium ownership for the Properties Failure to
enforce any provision hereof shall not constitute a waiver of the right to enforce said provisions or any
other provision hereof.
Section 6. Severability of Provisions. The provisions hereof shall be deemed independent
and severable, and the invalidity or partial invalidity or unenforceability of any one provision shall not
affect the validity or enforceability of any other provision hereof.
Section 7. Gender, Number, and Captions. As used herein, the singular shall include the
plural and the masculine shall include the feminine. The titles and captions of each paragraph hereof are
not a part hereof and shall not affect the construction or interpretation of any part hereof.
Section 8. Prior Actions. The Association was a party to a construction defect litigation
which was settled in 1984. That action was San Mateo County Superior Court Case No. 227845,
33
ARTICLE XIII - GENERAL PROVISIONS
entitled Village Serramonte Homeowners Association v. Landmark Capital Corp., et. al.. The court file
is a matter of public record. Repairs undertaken as a result of that action have been substantially
completed.
Section 9. Notices. Notices and requests must be in writing. Notices and requests may be
given by any method reasonably calculated to give actual notice. If the notice or request is given by
mail, it shall be sent by first-class and/or certified mail. If the Association uses the mail, it may send
such notice to the last address of the Owner or other person, shown on the records of the Association.
Section 10. Davis-Stirling Common Interest Develpment Act. Given that the statutory law
applicable to homeowner associations is frequently amended by the legislature, and given the
Association's desire to keep the provisions of the Declaration consistent with applicable statutory law,
the Board shall have the power to use an Exhibit which reflects mandatory requirements of DavisStirling. The Board may periodically substitute a new Exhibit hereto (without a vote of the Owners)
which conforms to the then applicable provisions of the Davis-Stirling Common Interest Development
Act. Any such new Exhibit shall be (1) recorded in the Official Records of San Mateo County and
cross-reference these CC&Rs and (2) distributed to all Owners.
n/vs.ccr
FeingoJd and Youngling, PLC

(415) 454-1090
34
Financial Statement Review (Required Civil Code Sec. 4525)

Minutes of Regular Board Meetings (Required Civil Code Sec. 4525)

FINAL
VILLAGE SERRAMONTE HOMEOWNERS ASSOCIATION
Board of Directors Meeting
MINUTES
24 February 2015
The Village Serramonte Board of Directors held its regular monthly business meeting in the Rec Room.
Board Members Present:
Tony Silva, President
Lee Mazmanian, Vice President
David Chu, Secretary
Rex Ngov, Treasurer
Katherine Shyu-Abad, Member-at-Large
Board Members Absent: None

Homeowners Present:
One homeowner was present during the first part of
the meeting
Also attending from Eugene Burger Management Corporation (EBMC):

Jennifer Salazar, Property Manager
Sal Ponce, Property Maintenance Supervisor
I.
Call to Order/Verify Quorum A quorum being present, President Tony Silva called the meeting to order at
1915.
II.
Approval of Minutes from January

Tony moved the Board accept the Regular and Executive Session meeting minutes from
01/27/2015 be approved as submitted; Lee seconded the motion, which passed unanimously.
III.
Management and Maintenance Updates

a. Jennifer reported she updated the violations in the Drop Box today, and she will review the citations
to ensure that the cleared ones remain cleared. She also walked 349 and 353 buildings today.
b. Jennifer reported for Sal Ponce, Property Maintenance Manager, about the status of ongoing leaks
and other issues.
303/105 There is mold on the walls in this unit. ServPro took readings and determined
the mold was caused by the residents not allowing adequate air circulation. ServPro
installed dryers but the residents turned off the machinery.
349/204 Leak from roof drain through the guest bathroom ceiling - Cause of this leak
was determined as coming from the over flow gasket, and replacement of the pipes
behind the wall should be replaced. The cost of the gasket is the owners responsibility,
but the HOA is responsible for replacement of pipes. MOTION: Lee moved the Board
accept the proposal from Magic Plumbing in the amount of $1,050 to replace the pipes
between the walls; Rex seconded the motion, which passed unanimously.
331/104 the dripping into the garage from this unit was determined to be cause by
damaged caulking and grouting in the tub and tile. The management company for the
unit owner will see to it that the grout and caulking are repaired.
328 TH Leak is determined to be from the shower drain line. EBMC is waiting for a
bid.
302/207 Asbestos abatement was performed in this unit 4 years ago. ServPro
reported it takes less than 4 years for mold to grow. EBMC is awaiting bid.
303/304 The damage in this unit was caused by roof condensation. Repairs are
currently underway, but Jennifer reports there are issues regarding the paint and wall
texture. A painter from AC Enterprises will look at the unit next week.
303/204 This is caused by a dishwasher leak at the juncture of the valve under the
sink. The owner turned the valve off, and reports a plumber has fixed it. The Board
wanted to know if the unit needed to be dried out. Jennifer will have Sal check on that.
302/104, 204, 304 Jennifer will send bids to the Board for their approval. The owner of
304 is responsible for damage from the leak, and has notified his insurance company.
333 TH The roof leak issue is closed. However, the owner reported a leak in the
sprinkler system to Jennifer today, and Cintas will inspect tomorrow.
VSHOA Board Meeting 02/24/2015
FINAL
Page 1
The new labels on the condo mailboxes are going up. Notices about owners
responsibility to properly label the interior of his/her own mailbox will be posted as well.
The notices that video recording takes place in condo lobbies have been posted on the
front doors of the condo buildings.
The obtaining of towing signs is in progress.
Jennifer and Sal have started a procedure in which Sal is to complete service requests,
list causes for the problem, and make notes on the back. Jennifer will complete the form
designed by Katherine once she has Sals completed note. Jennifer will attempt to
complete Katherines form retroactively for previous leaks that are still active, although
this could present some difficulties.
Sal reported that Juan would be completing the carpet cleaning in the condos this
week. He began last week in 302.
Jennifer will have Juan power wash the stairwell walls in 353. Aggressive notices have
been posted about the behavior of residents that is damaging the walls (urination, etc.).
Jennifer will research water issues with Daly City and if it is permissible to wash off
pigeon poop in the stairwell of 302 on the basis of health and safety.
Sal and Juan will not install spines in 302 stairwells to deter the pigeons. Instead, a
pigeon repelling gel has been ordered.
IV.
Homeowners Forum No homeowners other than Board members were in attendance.
V.
Old Business
5-year Sprinkler Repair All the work has been completed. However, the sprinkler
issue will stay open until recharges to homeowners for painting the sprinkler heads, and
hearings have been held. Jennifer has to get more information from Cintas, but the
hearings can probably take place in April. Jennifer stated group hearings could be held.
The total amount homeowners owe the association for repairing damaged sprinkler
heads is about $12,000. A notice informing owners that they cannot paint sprinkler
heads will be included with information sent to each owner in the Annual meeting
packet.
Roof Drain Repair Estimates BT Roofing was asked to submit a bid because they
hold the warranty on the roofs that were replaced during reconstruction. The bids
received so far range from $3,520 per drain if all drains are repaired at the same time to
$4,115 per drain if done on an as-needed basis. Jennifer stated drains are a big priority
now, especially since the townhouse drains are now failing as well as those in the
condos. To replace all drains would cost in the neighborhood of $100,000 to $200,000.
The roof drains were not replaced during reconstruction. Most of the roof drains are
working; the problem is that the pipes from the drains are leaking behind the walls. The
last cracked pipe that had to be replaced, including repair to the unit, was $8,500.
Board members asked if the cost of replacement for pipe was included in the Reserves;
it is not, and the Board recommended EBMC add an allowance to the Reserves each
year for piping. Jennifer has a meeting with Architectural & Construction Committee
Chair Rob Wood in a couple of weeks, so this decision can be postponed until after that
meeting.
314 Flooring Owner says work has been done, but Paul Driscoll is having a difficult
time accessing the crawlspace under the unit. The owner is non-cooperative. Paul is
trying to find another way to gain access the crawlspace. Jennifer will report back to the
Board once she has heard from Paul.
New Gym Plan A board member is investigating the possibility of selling the pool
table and associated items, and the Board hopes to have the pool table out of the new
gym area by March. Sal has a one-hour timer for the lights in the new gym, which he
will install. MOTION: Lee proposed the Board accept the bid of $2,021 from Ace
Enterprises to prep the gym floor and then lay carpet tiles (we have lots in reserve, so
we wont have to buy more for the gym project); Tony seconded the motion, which
passed unanimously. MOTION: Lee moved the Board accept the Quote from Club Care
in the amount of $765 to move the exercise bike, the elliptical, and the rest of the gym
equipment.
FINAL
Page 2
VI.
NEW BUSINESS
Garage Inspections EBMC will send letters to townhouse owners reminding them that
the CC&Rs specifically state that garages are to be used for cars and not as a
storeroom or for trash. EBMC will send a notice to the owner(s) of 347 and 328
reminding them of the CC&R requirements.
Storage Room Access The Board is quite concerned about the large amount of
money the VSHOA has to spend to clean out the condo storerooms each year and to
rent dumpsters to accommodate the trash Sal and Juan remove. In an effort to get
control of this issue and save money for the VSHOA, board members discussed limiting
access to the condo storerooms to only property management employees; owners who
wish to deposit or remove items from the condo storerooms would have to make
arrangements Monday through Fridays during normal business hours to meet with Sal or
Juan to gain access. After discussion, the board voted to keep the storerooms (4 yes
and 1 abstention) closed. EBMC will post notices informing condo residents that as of
June 1, all storerooms will be locked. New locks will be placed on storeroom doors, and
all locks will have one common key, to which Sal and Juan will have access.
Review of Commercial Energy Contract Renewal After doing a detailed analysis in

which he compared market prices for last year, Rex estimated the VSHOA will have
$2,700 in savings, and is gaining $0.11 per therm. MOTION: Rex moved the Board
renew the contract with Commercial Energy for 2015; Tony seconded the motion, which
passed unanimously.
Jennifer announced there is an ECHO conference on Saturday, 20 June 2015, in Santa

Clara. Board members wishing to attend should contact her.
VII.
COMMITTEE REPORTS:
a. President Board members signed the Focus Business Bank cards, and all signers will get a
photocopy of their ID to Jennifer. Tony has a verbal offer on his unit, and feels he may have a
conflict of interest. He will stay on the Board as President until the end of April, and will not run for
re-election. He will remain a member of the Landscape Committee.
b. Daly City Neighborhood Association Report No report.
c. Architectural Control and Construction No report.
d. Treasurer Rex inquired how the VSHOA would fund the lighting and painting. Jennifer is
working on a payment plan with Savior Energy, the lighting vendor, and she reports a change in
garage lights at another property has already lowered the cost. With regard to painting, Paul
Driscoll is negotiating the terms for painting, and he has received two bids so far.
e. Pool & Spa Temperature in pool and spa is good. No other problems noted.
f. Neighborhood Watch Katherine asked about the number of cameras that are in 302, and
wanted to know if the cameras can be aimed or angled differently. Jennifer said Board members
should meet with Metrolock about this issue. Katherine and Rex volunteered.
g. Documents Review Committee Rex reviewed the CC&Rs, Rules & Regulations and other
documents on behalf of the Board, and is okay with them. Our documents had to be updated in
view of changes in the Davis-Stirling Act. Berding & Weil (B&W) had sent annotated drafts to the
Documents Review Committee seeking clarification on several issues, and suggesting additions
or changes in other areas. The Committee responded and returned the documents to B&W for
their final legal say-so, and those were the documents Rex reviewed. They have yet to be voted
upon by the VSHOA membership.
o Charging Stations for Electric Cars MOTION: Rex moved the Board accept the
proposal from B&W in the amount of $1,000 to create an electric vehicle charging
policy; Lee seconded the motion, which passed unanimously.
h. Parking Committee No report as Committee has not held a meeting yet this year. Jennifer
provided Lidia Macias the phone number of the towing company. Lee will call Lidia and see where
the Committee stands at the moment. Signs stating the VSHOA towing policy have been ordered,
and more signs with the towing company information are coming from the towing company. The
signs will be posted in many places throughout the property.
i. Landscape Committee Arborwell submitted a bid of $5,100 to develop only a tree plan; A-Plus
submitted a bid of $10,021, which included a tree plan with photos and tree numbering, plus the
removal of diseased myoporums. The VSHOA has an annual budget of $7,300 for tree work, and
FINAL
Page 3
j.
k.
there is currently an amount of $5,300 for trees in the Reserve account. MOTION: Tony moved
the Board accept the bid from A-Plus in the amount of $10,021; Lee seconded the motion, which
passed unanimously.
Grievance Committee The Committee met on 02/20/15 and made decisions, which will be
forwarded to EBMC. The Board has instructed Jennifer to follow the Committees decisions.
Collection Committee Committee members are currently Tony, Rex and David. Tony
suggested David Chu join the Committee now so he can become familiar with the Committees
tasks and operations, as Tony will no longer be on the Board after the end of April. The
Committee plans to meet with Jennifer at 0930 on 03/10/15 and decide on moving certain
accounts now in collection at ASAP to United Trustee Services.
VIII. Board Priorities for EBMC
Mail out the 20 or so letters to owners who owe money to the VSHOA it paid for the cost to
repair sprinklers damaged (mostly painted over) by the owners.
Get the new gym up and running.

IX.
Adjournment The meeting was adjourned at 2112.
X.
Next Meeting a. Thursday, 03/12/15 at 7:15pm with Paul Driscoll in the Rec Room.
b. Tuesday, 03/24/15 at 7:15pm, Regular Board meeting in the Rec Room.
Respectfully submitted by:
Lys Wren, Recording Secretary
FINAL
Page 4
FINAL
MINUTES
27 January 2015
David Chu, Secretary
Rex Ngov, Treasurer
Board Members Absent: None

Homeowners Present:
One homeowner was present during the first part of
the meeting

Paul Driscoll from C. Sigler and Associates
I.
II.
Call to Order/Verify Quorum A quorum being present, President Tony Silva called the meeting to order at
1915.
Project Manager Update Paul Driscoll of Chris Sigler and Associates (CSA) reported on the following
projects:
a. Painting Bids will be sent out next week to a list of selected vendors, with responses due
by the end of February. Paul will arrange to do a walk through with painting and deck
coating firms chosen after the bids are received, and Board members and Jennifer will be
invited to attend. Paul said to expect a 10% to 15% increase in painting bid prices over
those that were submitted post reconstruction. The cost of deck coating is harder for him to
project. MOTION: Lee moved that the painting project be sent out for bids next week,
allowing VSHOA to get on vendor schedules early, and Paul and Jennifer will work together
to those select vendors who will receive the RFP; Katherine seconded the Motion, which
passed unanimously.
b. Parking Structure Paul reported CSA found the 12/20/2010 report from J.C. Engineering
to be extremely helpful, as it provided a snapshot of what the structure looked like at that
time, included photos, and also provided measurements of wall plumbs. The walls were
reported as being out of plumb by 1/2 inch up to 2 inches. As a result of their review of this
report, CSA would like to have Engineered Soil Repairs, Inc. (ESR) perform laser
measurements of wall plumb, as this will influence decisions on how the structure can be
repaired, or even if it can be repaired. Research of VSHOA files does not show any
measurements having been made prior to December 2010. Paul did say that CSA might
recommend at a later date having the soil engineer do soil bores to ascertain hydrostatic
pressures. MOTION: Lee moved the Board engage the services of ESR as described in
their proposal dated 12/16/14 in the amount of $1,210 to measure plumb of interior
perimeter walls and the levelness of the tennis court.
c. 314 TH Paul will be investigating underneath unit 314 TH and will take photos.
d. Savior Energy Paul reported the representative from Savior wants to meet with the
Board to determine its wishes on lighting specifics. Perhaps the rep can be invited to
Boards Bid Review Meeting, the date and time of which are to be determined.
III.
Approval of Minutes from December

Katherine moved the Board accept the Regular and Executive Session meeting minutes from
12/18/2014 be approved as submitted; Tony seconded the motion, which passed
unanimously.
IV.

a. Jennifer reported that she has updated the spreadsheets in Drop Box today.
b. Sal Ponce, property maintenance manager, reported the following items to the Board:
FINAL
Page 1
303/304 leak from roof drain. Magic Plumbing has repaired the leak, but the ceilings
in three rooms of the units remain open. Bid has been received and approved and work
should begin soon.
333 Upper townhouse leak from broken roof drainpipe and there is water damage
inside unit. Bids being obtained.
331/07 stack pipes inside the walls cracked, thus the issue is an HOA responsibility.
The pipes have been replaced but walls remain open in all units. Bid has been
approved for one unit. However A-1 did not follow up with other bids. EBMC is obtaining
bids for the other units and will not be using services from A-1 again.
302/04 stack leak from 304 when feeder hose from beneath sink became
disconnected. Owner of 204 insisted ServPro remove their drying equipment because
they have done this before and dont want to go through it again and dont want to be
dried out. Testing by ServPro revealed presence of asbestos in the unit. Board was
informed of this only at tonights meeting and members are greatly concerned about
damage and mold to common areas. Board has asked Jennifer to call owner of 204,
cite the CC&Rs about the HOAs rights to correct issues that can cause damage to
common areas, and follow up the conversation with a letter reiterating all points. (New
AI: EBMC will send all homeowners a letter requesting they check the
connections in their unit to water source and replace the hoses if needed. This
has become a fairly regular issue of late.) Jennifer will request photos and
documents from ServPro substantiating the source and cause of the leak.
Roof window screens have not been repaired yet. Sal has purchased the material and
will begin replacing the screens shortly, hoping to have all of them replaced within the
next 2-3 weeks.
Storage room cleanup Sal and Juan have been working exclusively for the past 3-4
days cleaning out the storerooms. They have found old couches, and lots of things that
had to be thrown out because they were not marked with owners name, unit number
and date.
o A Board member suggested that the storerooms be permanently locked, so
owners would have to contact Sal or Juan during working hours in order to gain
access to put personal possessions in the storeroom or to remove them. Board
member felt that insuring on site personnel have the only keys to the
storerooms might allow for less garbage and detritus being placed by owners
who do not want to pay to have their possessions removed, preferring to pass
that cost on to all of the other owners. This item will be on a future agenda, as it
will require lengthy discussion.
Labels on mailboxes only the unit number will show on exterior mailbox labels. Owner
must put personal data (names, etc.) on a label inside mailbox, in accordance with the
Postal Regulations.
Security Cameras Board member noticed one of the cameras in 302 was not working
properly. Jennifer will notify Metrolock.
Board member reports carpets outside the garbage chute doors get dirty frequently.
EBMC will ask Juan to use the buffer on these dirty areas every three months.
Automatic closers on some of the side doors in the condo buildings still do not close
completely and have to be pulled closed by residents using the stairs, something they
rarely do. EBMC will have closers checked and adjusted as needed.
Pigeon poop was reported on the second floor over the exterior stairs. EBMC will order
pigeon spikes and have them installed to keep the birds off.
Board member wanted to know where we stand on updating the database for the gate remotes.
EBMC reminded the Board they need to assign priorities each month.
Board members wanted to know when the Maintenance Plan would be available. Jennifer said she
needs more time, and hopes to get to it by the March meeting.
Board member requests that EBMC to sign on behalf of the Board any notices that are placed in
buildings. EBMC will design the notices and place them in the DropBox for Board approval.
Lobby fire alarm signals This has been a problem in 302 of late, with the signal beeping for hours
or days on end. The alarm company has ordered another dialer/receiver and hopes this will solve
the issue, which is quite annoying to owners who live on the first floor near the alarm.
Jennifer reported she has updated several of the spreadsheets in DropBox as of today.
b.
c.
d.
e.
f.
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Page 2
IV.
g. Parking signs for time limit The Board made some changes in the design provided in the Board
packet. The Board has already authorized the expenditure, so EBMC will order them and have them
placed in several places throughout the complex.
Homeowners Forum An owner attended the meeting and wanted to know why toilet wax rings
were the responsibility of the homeowner to replace, when it is impossible to detect any damage prior to a
leak actually occurring. He was told the homeowner is responsible for all items within the interior of his/her
unit, as is clearly stated in the CC&Rs.
V.
Old Business
5-year Sprinkler Repair EBMC reports this project is complete! The only remaining
issue with Cintas is the intermittent problem with the trouble alarm. A replacement
transmitter/receiver is being ordered (no charge to HOA) which should fix the problem.
Roof Drains BT Roofing was onsite to meet with Jennifer recently to discuss scope of
work. Although BT was initially reluctant to do the work, they agreed that since they
hold the warranty for the roofs, they did have to oversee any roof work that was done in
order to protect the warranty. They agreed to submit a bid.
VI.
NEW BUSINESS
Review of Commercial Energy Contract Renewal Their proposed contract renewal

dated 01/20/15 was reviewed. Rex wants to review last years contract and determine
how much weve saved on utility costs during the year. Jennifer will arrange for Rex to
have a password to the HOAs PG&E account so he can get comparison data, and she
will send Rex Commercial Energys contract from last year. This item is pending.
o Rex suggested turning the boiler temperatures down by two degrees as a test to
determine if having a slightly lower water temperature setting can be a cost saving
measure on utility expenses. EBMC will arrange this.
Discussion on Plan for Rec Room/Gym The interiors of the Rec and Gym will be
included when the entire complex is repainted in a few months. Two hundred carpet tiles
will be needed to cover the floor in the new gym area, and we have this many and more
in reserve.
o EBMC will seek bids to remove the old flooring in the area, prep the floor and lay the
new carpet tiles.
o Jennifer is working on a bid to move the exercise equipment from its current location to
the new one.
o Board member proposed that the sliding glass door to the new location remain locked,
and that gym users continue to enter the Rec building through the courtyard entrance,
as they do now.
o Board member also suggested the entry door to the new gym area remain open at all
times, and that there be a camera placed facing the entry door to the gym.
o The pool table is in need of repair. After discussion, the Board decided to sell the pool
table, its lighting fixture and all associated equipment. Katherine volunteered to list the
items on an electronic bulletin board and to show them to interested buyers. Sal will
take photos to post on the for sale bulletin board and send them to Katherine to post.
o TH 333 repair of dry wall damage from cracked roof drainpipe MOTION: Tony
moved the Board accept the bid from AC Enterprises in the amount of $1,436; Lee
seconded the motion. There were four yes votes (one board member had to leave the
room for a few minutes), and the motion passed.
o 303/304 MOTION: Tony moved the Board accept the bid from AC Enterprises in the
amount of $2,818 to repair drywall in this unit; Lee seconded the motion. There were
four yes votes (one Board member had to leave the room for a few minutes), and the
motion passed.
VII.
COMMITTEE REPORTS:
a. President Tony announced that he would not be running for re-election due to increased job
responsibilities with his new employer. He will say on as Chair of the Landscape Committee, if the
Board wishes.
b. Daly City Neighborhood Association Report Lee reported on the recent meeting in which
member associations shared information regarding vendors. Nothing was written down, as it was
an informal sharing of information.
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Lee suggested that someone from the Daly City Permit Bureau be invited to a future
VSHOA Board meeting to inform members on when permits are required by the city
and the procedure for obtaining them.
Architectural Control and Construction
o Remodeling of 331/307. The owner submitted plans for remodeling that were reviewed
by Rob Wood, Chair of the committee, who was unable to attend tonights meeting.
MOTION: Tony moved the Board accept Robs recommendation that because of the
weight of ceramic tiles, they can only be allowed in the entryway to a unit (as when
originally built), but not in the bathrooms or kitchen; Rex seconded the motion, which
passed unanimously. EBMC will notify the owner.
o 353/103 Architectural request No approval is needed for this project per Rob
Wood.
Treasurer No report.
Pool & Spa Temperature in pool and spa good. No other problems noted.
Neighborhood Watch No report
Documents Review Committee Berding & Weil sent a copy of the revised CC&Rs to EBMC.
Elaine Murphy, Chair of the Committee, requested that a Board member review them and then
make a recommendation to the Board on whether to accept the revisions; Rex volunteered to do
this. B&W has proposed a special informational meeting to explain the mandated changes to
homeowners, and they will have a representative present at that meeting to answer any
questions. Documents (177 copies of the revised CC&Rs) will have to be mailed to all
homeowners approximately two weeks prior to the special meeting. B&W will provide appropriate
information to be used on the ballot, which will be part of the VSHOA Annual Homeowners
meeting.
o Charging Stations for Electric Cars With all-electric cars becoming more
commonplace, this issue has to be addressed fairly soon. B&W would charge
approximately $1,000 to draw up a policy on how this could be handled. Discussion will
be put on the Agenda of a future meeting.
Parking Committee No report as Committee has not held a meeting since last year.
o A Board member suggested inspecting townhouse garages to make sure owners are
parking cars in their garage, as is mandated by the CC&Rs, and not just storing stuff in
that space. This item will be placed on the agenda of a future meeting.
o Board member stated Bluewater Towing signs should be posted inside and outside of
the condo garages as well as on the front gate.
o Board member also suggested shortening the length of time that the entry gate stays
open after allowing a car into the property. Right now the gate stays open for
approximately 12 to 15 seconds after a car enters. EBMC will see if the time can be
shortened in the hope that less stay open time will help cut down on other drivers
tailgating into the property.
Landscape Committee No report, but Tony is willing to stay on as Chair of the committee, if
the Board so desires. Jennifer reported Arborwell would charge $5,000 to create a tree plan for
the property. She has asked Davey Tree to submit a bid.
Grievance Committee The Committees recommendations from their meeting with
homeowners on 01/19/15 were discussed in Executive Session.
o Rex requested that all reports from any vendor(s) to substantiate the cause(s) of a leak
or other problem is acquired by EBMC, and that those reports be included in any
documentation sent to the Grievance Committee. Lee asked that documentation of all
leaks or any other problems be included in the homeowners file by EBMC for quick and
easy reference.
o Rex also requested that the only person who can inform a homeowner about the
possible cause of a problem is the vendor who is fixing it, not Sal, Juan or anyone else.
o Rex requested that letters requesting the presence of an owner at a meeting with the
Grievance Committee be sent out a minimum of 20 days prior to the meeting; currently
they are sent out only 10 days in advance and frequently arrive late to the homeowner
since the letters are not always mailed from EBMC on the date the letter was written.
o Jennifer reported that when a homeowner is cited for the first time, she fills out a form
on colored paper and posts that on the front door of the owners unit; the second
citation for the same issue results in a violation notice being mailed to the owner; the
third citation for the same issue is mailed and requests the owner appear at a hearing
before the Grievance Board on a specific date.
o
c.
d.
e.
f.
g.
h.
i.
j.
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Jennifer updated the violation log today in Drop Box. She told the Grievance Committee
members that balcony violations can be grouped hearings.
Collection Committee No report.
o
k.
Get the gym relocated from its current location into its newer, expanded quarters as soon as
possible.
Work on the Routine Maintenance Schedule for Board review and recommendations Jennifer said this probably can not be done until March because of the current heavy
workload.
IX. Adjournment The meeting was adjourned at 2205.
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FINAL
MINUTES
18 December 2014
Rex Ngov, Treasurer
Board Members Absent:

David Chu, Secretary - excused
Homeowners Present:
Two homeowners were present during the meeting

I.
Call to Order/Verify Quorum A quorum being present, President Tony Silva called the
meeting to order at 1915.
II.
Approval of Minutes from the Following Meeting Dates
III.
11/20/14 Regular Board Meeting Katherine moved these Minutes be

approved as submitted, Rex seconded the Motion, which passed unanimously.
11/20/14 Executive Session Katherine moved these Minutes be approved as
submitted, Rex seconded the Motion, which passed unanimously.
12/04/14 Grievance Committee Meeting Notes taken by Lee Mazmanian,
Vice President and member of the Committee; Katherine moved these Minutes
be approved as submitted, Rex seconded the Motion, which passed
unanimously. These Minutes were later discussed in Executive Session.
12/08/14 Paint Committee Meeting Katherine moved these Minutes be
approved with one minor correction, Rex seconded the Motion, which passed
unanimously.

a. Sal Ponce, property maintenance manager, reported the following items to the Board:
He and Juan heard water rushing in the storm drains and located the
source as being from a broken water pipe. Water was shut off.
The metal handrail adjacent to 353 is rusted and broken and has to be
replaced.
A great deal of effort was expended in making preparations to prevent as

much damage as possible from the approaching severe storm. Channels
were built near 331, 302 and waddles were placed to redirect the water
from the garages of 331 and 332, both of which had flooded during the
storm the previous week. Roof drains and storm drains were cleaned.
Damaged screens were noted on third floor roof units. The Mylar tape
appears to be keeping the birds from doing further damage to the
screens. Home Depot will be making those screens that have to be
replaced.
Stairs at 349 are being undercut by water runoff.
Water runoff is making a channel between buildings 349 and 331.
Streetlights are working fine and there are no more burned out bulbs.
Sal replaced all non-working lights in the garages, and in the boiler and
storage rooms. The cost per light is $25 each, and he suggested
increasing the charge card limit to $800 versus the current $500 limit.
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Sal had a white car towed from the visitor garage after it had been in the
same parking space for a week.
Sal suggested installing signs in several locations on Philip Drive stating

the parking limit of 96 hours. MOTION: Lee moved that EBMC order the
signs after checking with Lidia Macias, chair of the Parking Committee,
and Elaine Murphy, chair of the Documents Committee, and that the cost
for the signs not exceed $1,000; Tony seconded the motion, which
passed unanimously.
The pool back flow is broken and parts are on order.
Owners have been cleaning up the oil stains in their parking spaces after
they received violation notices.
The leaks in 301/304 are due to a cracked roof drain, which lead to
soaking of the ceilings in a bedroom and adjacent areas.
A leak in 303/104 was due to a backup in the kitchen sink. Magic

Plumbing was called, and the leak determined to be due to a clog inside
of the walls, so the problem is VSHOA responsibility.
rd
302, 3 floor carpeting in the corridor smelled strongly of urine and the
carpet was cleaned. The smell and the stain are now gone.
b. Review of Old Business
Review of Status of Building Inspections Review has been delayed

because of heavy rains last and preparation for the next storm that
arrived this week. Sal is still working on items noted in the earlier
inspections.
c. Discussion of Erosion
Recent heavy rains were noted to have caused erosion underneath 349,
where the runoff water splits and goes either into a channel under that
building or under 331, where it nearly caused water intrusion into first
floor unit(s) (107-108).
Upper Townhouses runoff from the back of 353 is causing erosion and
soil runoff near the upper townhouses. EBMC will ask Paul Driscoll to
inspect.
IV.
Homeowners Forum Owner in 329 reported that while walking her dog in the early
mornings, she has seen food lying on the grounds, and is concerned that chicken bones
and uneaten other food items are being thrown from resident(s) balconies. She worries
uneaten food will attract raccoons, rats and other vermin. EBMC will post notices on all
bulletin boards in an attempt to stop this behavior.
V.
Old Business
5-year Sprinkler Repair Update: Only two units remain to have

sprinklers repaired/replaced. EBMC is working on scheduling the work
with the two owners, one of whom is very reluctant to allow entry to the
unit.
Pool Repair Reimbursement Hills Pools responded to EBMCs letter,

but failed to comment on the pertinent sections in that letter. The Board
was asking for $2,668 in reimbursement. In addition, attorneys fees
have cost VSHOA $700. After much discussion, the Board decided to not
pursue the issue.
Tree Bids EBMC has requested the Board come up with a scope work
that has to be done, since the two bids received (Davey and Arborwell)
vary widely in cost and proposed work to be done. MOTION: Tony
moved that the Board accept the bid from Arborwell (#E-69318, dated
12/10/14 in the amount of $6,885) to remove four Monterey pines that
pose an immediate danger; Lee seconded the motion, which passed
unanimously. Tony, in his capacity as Chair of the Landscape
Committee, will arrange to do a walk through with Arborwell to develop a
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long-term plan for tree management. Once in place, that plan will be sent
out for bid to other arborists.
Roof Drains Having been advised by consultants to deal with the roof
drains you can see, it came to light that there was one that had not been
seen, at 301/304. EBMC is recommending that all 24 drains be replaced.
RT Roofing will have to supervise the work as they did the roofs at the
time of reconstruction and the warranty is still in effect. Jennifer has
received two bids (A-1 in the amount of $1,450 per drain; AC in the
amount of $1,557 per drain). Jennifer will contact BT Roofing to see if
they will match A-1s bid. MOTION: Tony that if BT will match A-1s bid,
the Board accept BTs bid, if not, then the Board should accept A-1s bid;
Lee seconded the Motion, which passed unanimously.
VI.
NEW BUSINESS
2015 Property Insurance Renewal MOTION: Tony moved the Board

accept Farmer Insurances very reasonable bid of $58,409 to renew
VSHOAs property insurance; Rex seconded the Motion, which passed
unanimously. Tony signed the Authorization to Bind Coverage at tonights
meeting.
VII.
COMMITTEE REPORTS:
a.
b.
c.
d.
President No report.
Daly City Neighborhood Association Report No report.
Architectural Control and Construction No report.
Treasurer Based on his review of the proposals from Rayco and Savior Energy,
Rex prepared a detailed spreadsheet on energy cost and return on investment. He
recommended that garage and exterior lights should be replaced as soon as
possible. MOTION: Rex moved to accept Savior Energys plan, and that work
begin on replacing existing lights with LED lights as soon as possible; Tony
seconded the motion, which passed unanimously. Jennifer will tell Paul Driscoll of
the Boards decision.
e. Pool & Spa Parts have been ordered for broken circulation pump, and it is
anticipated the repair will be done by late next week.
f. Neighborhood Watch No
g. Elaine Murphy forwarded documents Review Committee the portion
regarding parking in the CC&RS last month to Lidia Macias for input from the
Parking Committee. The Documents Committee has forwarded all other data to
Berding & Weil for their review. It is anticipated Berding & Weil will have the
documents returned to the Board and EBMC by the end of January.
h. Parking Committee Lidia Macias was present at tonights meeting. The
Committee has had one meeting and plans to have another before the next Board
meeting in January. No formal recommendations have been made as yet.
Tailgating continues to be an issue, and the Committee has asked EBMC to
contact R&S to see if the timing can be shortened. The Committee is considering
having all public parking spaces on Philip Drive numbered to make it easier to
identify cars that overstay the allowed length of time for remaining in one space.
This can be accomplished but will have to wait until the resurfacing of Philip Drive
is done.
i. Landscape Committee See Old Business above.
j. Grievance Committee The next meeting is scheduled for 01/19/15. Treasurer
Rex Ngov is being added to the Committee, which now consists of Lee
Mazmanian, Katherine Shyu-Abad, and Rex.
k. Collection Committee MOTION: Lee moved the Board accept the proposal
from United Trust Services (UTS) to handle collections on a contingency basis;
Katherine seconded the motion, which passed unanimously.
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Inform Paul Driscoll the Board has accepted Savior Energys proposal so work
can start ASAP.
Have Arborwell remove the four damaged Monterey pines that represent
imminent threat, and also set up an appointment for walk through with Arborwell
and Tony to create tree management plan.
Contact BT Roofing to see if they will meet A-1s bid to repair roof drains.
Set up a meeting with the towing company and the Parking Committee.
Arrange for the remaining two units to allow access to unit for 5-year sprinkler
repairs.
Get signs for the lobbies informing residents and visitors they are under
electronic surveillance. Jennifer plans to ask Metrolock if they can supply such
signs.
IX. Adjournment The meeting was adjourned at 2130.
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FINAL
MINUTES
18 September 2014
The Village Serramonte Board of Directors held its regular monthly business meeting in the Rec Room
Rex Ngov, Treasurer
Katherine Shyu-Abad, Member

Maria Vistro, Secretary
Homeowners Present:
4 homeowners were present during the meeting

I.
Call to Order/Verify Quorum A quorum being present, President Tony Silva called the
meeting to order at 1919.
II.
Approval of August 20, 2014 Board Meeting Minutes There was one correction to a leak
on the August action item list. Once that correction was clarified, Rex moved the minutes be
approved; Katherine seconded the Motion, which passed unanimously.
III.
Homeowner Forum
Owner concerned regarding the increasing frequency of dog feces around the
property, and suggested signs be posted reminding owners to pick up after their
dogs.
o Same owner wanted to know when the cameras would go live for viewing by the
Board. Jennifer reported Comcast installed the necessary hardware today. She
will review and learn how to operate the system and then will instruct Board
members on how to use it.
Owner requested follow-up on her suggestion for a welcome packet for new
homeowners, a list of frequently asked questions, etc. Jennifer said these issues
are on the Action Item list.
Townhouse owner reported a person is parking illegally at the utility shed,

outside of his mothers window. There is no red zone painted outside the utility
shed. The Board advised the Association is revisiting having the asphalt re-done,
and the painting will be addressed at that time.
Townhouse owner also feels Gachina is not doing a thorough job of removing
leaves from in front of the upper townhouses (along the sidewalk and stairs down
to the grassy area).
IV.
Old Business
Update on Leaks and leak spreadsheet Jennifer reported of the very

many leaks on the spreadsheet, only 11 are actively being worked on.
The other leaks are either paid, awaiting insurance settlement, or
awaiting payment to the HOA by the responsible owner. Tony asked how
much money was owed to the HOA for all the leaks on the spreadsheet.
Jennifer said approximately $100,000 but of that amount, $60,000 had
been collected, leaving an outstanding balance of $40,000. Rex
suggested adding to the leak spreadsheet the date of the start of the
bidding process by vendors and the date the work is actually completed,
and stated he is happy to do this if Jennifer is too busy. She accepted his
kind offer. With regard to the HOA collecting reimbursements from
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Page 1
owners responsible for leaks, Jennifer stated our attorney has said the
Grievance Committee can hold group hearings.
EBC wants Board direction on policy for the Action Item List
EBMC wants to know if time lines should be given, who would decide the
time lines, should the entire list be reviewed monthly, etc. The DavisStirling Act specifies that the Board may only discuss those particular
items that appear on the Agenda. However, there is concern that since
all Action Items on the AI Lists (there are three: regular AI List, Project
Manager AI List, and the Leak AI List) do not appear on the Agenda, if
the Board cannot review the AI lists in their entirety during the meeting,
Board members should be able to silently scan the entire AI List at the
meeting. This would prevent items from falling into the cracks. The
Board can note that AI number such-and-such appears not to have any
recent updates, and request that it be placed on the Agenda to be
discussed at the next regular Board meeting. Jennifer said this is
acceptable.
With regard to timelines, Jennifer said these are hard to set because
of the multiple participants involved.
Jennifer said her goal is to do a building walk through on the days
she is scheduled to be on the property, and stated she and Sal had
walked through building 302 today. Walk throughs start at 1400, and all
Board members were invited to join her and Sal.
Additional bid review/approval for units 332/106, 206 & 306, 302/103,
and 353/108
o 332/106 Landmark submitted a bid of $4,300 and AC for $4,048.
EBMC is not enthusiastic about Landmark because of residents
reports of delays and dissatisfaction with work performance for
recent work completed MOTION: Katherine moved the Board accept
the bid of $1,492 for tape, mud and drywall; Rex seconded the
motion, which passed unanimously.
o 332/206 ACE was the only vendor who submitted a bid. MOTION:
Tony moved the Board accept the bid of $2,050 for tape, mud and
drywall; Katherine seconded the motion, which passed unanimously.
o 332/306 ACE was the only vendor who submitted a bid. MOTION:
Tony moved the Board accept the bid from ACE for $1,068 to do
tape, mud, and drywall; Rex seconded the Motion, which passed
unanimously. Owner of this unit is responsible for the damage to the
two other units in this stack.
o 302/103 Damages to this unit are HOAs responsibility. Landmark
had submitted a bid of $8.500, but it was incomplete; ACEs bid to
repair entire unit was $14,494. MOTION: Tony moved the Board
accept ACEs bid of $14,494; Rex seconded the Motion, which
passed unanimously.
o 353/108 & 208 Damages to 108 caused by toilet wax ring failure in
208. ACE submitted a bid for $1,389 to repair damage to unit 108.
MOTION: Tony moved the Board accept ACEs bid and that the cost
be recharged to the owner of unit 208; Rex seconded the motion,
which passed unanimously.
Jennifer suggested Board members consider the HOA hire someone to
deal with all the leaks and thus relieve her and Sal of the many leakrelated issues that are taking up a large portion of their time. She said
EBMC would pursue insurance reimbursement and repayment of monies
due to the HOA by responsible owners. Board was not enthusiastic at
this suggestion because of the recent monthly fee increase as well as
the additional hours Jennifer is supposed to be spending on VSHOArelated issues. No decision made.
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V.
New Business
a. Reimbursement to Board Member Vice President Lee Mazmanian requested
reimbursement for registration fee of $99 and parking cost of $20 to attend the
ECHO conference last month in San Jose. MOTION: Tony moved the Board
reimburse Lee in the amount of $119; Katherine seconded the motion, which
passed unanimously.
b. Dog Urine in Condo Lobbies and Elevators A suggestion was made to post
signs in the lobbies of all six condo lobbies to call residents attention to the fact
that the lobbies are now on the camera system. The Board authorized EBMC to
purchase such signs at a cost not to exceed $200. However, prior to purchasing
any signs, EBMC will try posting printed signs at the lobby and elevator again if this
recurs.
c. Refunds to Owners for Plumbing Leaks
o 303/106 Owner requested reimbursement of water damage from master
bath sink back up. She called a plumber to clear the line, who did so at a cost
of $225. Cause was determined to be a backup in the main line. In addition,
nd
the plumber snaked line in the 2 bathroom, which was also in the main line
but had not yet caused a problem. MOTION: Tony moved the Board
reimburse the homeowner $225; Rex seconded the motion, which passed
unanimously.
o 302/304 owner reported shower backed up due to a clog in the line; the
line was snaked a distance of approximately 20 feet. This would appear to be
the homeowners responsibility as no other units affected. MOTION: Tony
moved the Board deny the homeowners request for reimbursement; Rex
seconded the Motion, which passed unanimously. If owner disagrees, proof
from vendor may be presented and he can arrange a hearing before the
Board.
VI.
Committee Reports
a. Presidents Report No report.
b. Treasurers Report
o Signature cards EBMC will bring the signature cards to be signed at the Board
Training session on Saturday, 27 September.
o Review of Reserve Accounts/Change if Necessary MOTION: Tony moved that the
earlier decision to place $415,000 in a Bank of Commerce CEDARS account be
revoked because of excessive difficulty in opening the account and that the $415,000
be placed in a CEDARS account at Focus Bank in San Jose; Katherine seconded the
o Special Assessment Account Balance MOTION: Tony moved that $30,000 from
the Operating account at City National Bank be transferred to Banco Popular to pay
additional principal on the outstanding Special Assessment loan in that amount;
Katherine seconded the Motion, which passed unanimously. This will leave $15,395 in
the City National Operating account in case of need for special assessment-related
issues.
c. Pool & Spa Chair noted there have been no underwater lights in either pool or spa for the
past week. EBMC reported Sal and Carl Noack are working on the issue.
d. Architectural Control & Construction No report.
e. Landscape
Donor of metasequoia and lemon cedar trees was happy to report that Gachina planted
the trees today.
f. Governing Document Revision Committee Committee is scheduled to meet on
Saturday, 27 September to continue with review of CC&Rs and other documents.
g. Parking Committee No report.
h. Grievance Committee Grievance Committee confirmed hearing dates: Leaks will be
heard from 1815-1845 and Dryer vents will be heard from 1845 1915 on Thursday,
16 October 2014.
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i. Collection Committee Jennifer reported a new collection agency, United Trustee

Services in Danville, is reviewing ASAP accounts. Jennifer should have a report from
United to present to the Board next month that will outline what United Trustee can do
for the HOA and also provide a second view on ASAPs performance. United Trustee
charges only contingent-based fees.
VII.
Maintenance and Management
EBMC requested retroactive authorization for expenditure of $198 to R&S Erections when a
receptor on the gate to the property went out. The gate has been fixed and is working properly.
Board authorized the expenditure retroactively.
EBMC wishes to purchase a white board for use in the Maintenance Office on site. Board
authorized a cost not to exceed $50.
Resident Present at Tonights Meeting volunteered to assist HOA. A current Board

member having family problems which have prevented her attending meetings regularly.
Jennifer will contact her to discuss matter. If she wishes to resign, Jennifer will contact the
resident who wants to volunteer.
VIII. Next Meeting Next meeting is scheduled for Thursday, 16 October, 2014, at 2115 in the Rec Room.
IX.
X.
The Executive Session scheduled to occur tonight immediately following adjournment of the
regular board meeting has been cancelled. The as built drawings from the reconstruction project
cannot be located. The cost to reproduce them is $980, possibly to be paid by C. Sigler & Associates/
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FINAL
MINUTES
20 August 2014
Rex Ngov, Treasurer

None
Homeowners Present:

I.
II.
III.
Call to Order/Verify Quorum Acting President Katherine Shyu-Abad called the meeting to
order at 2116.
Nomination to fill vacancy on the Board Lee Mazmanian nominated Rex Ngov to fill the
vacant position, created when former President Gabriella Makstman sold her unit and moved
from Village Serramonte earlier this month; Tony seconded the Motion, which passed
unanimously.
Organization of Directors After discussion among the directors, Katherine moved that the
new Board officers be:
Tony Silva
President
Lee Mazmanian
Vice President
Secretary
Maria Vistro
Treasurer
Rex Ngov
Member-at-Large
Katherine Shyu-Abad
Lee Mazmanian seconded the motion, which passed unanimously.
IV.
Approval of July 2014 Board Meeting Minutes Katherine moved the July Minutes be
approved as submitted, with one minor correction; Maria seconded the motion, which passed
unanimously.
V.
Homeowner Forum
EBMC was asked to submit a question from an owner who is ill: Owner recently
discharged from hospital and wants to know when repairs to his unit from a leak will be
scheduled. The bid from Landmark was approved by the board at a recent meeting, and
EBMC will schedule the work to be done this week. Lee will report back to the owner.
Owner in 353 reported the hallway fire door on the first floor does not close by itself and
has to be pulled closed. This has been an issue for several weeks now but owner did
not report it to EBMC and waited until tonights meeting. EBMC will have Sal check it
out.
Owner in 302 complained of residents using the hold switch in the elevator, leaving
residents who need the elevator having to wait until the discourteous elevator user has
gathered up the mail, or loaded all the groceries, etc. A sign will be posted in the
elevator directing residents to please not activate the hold switch out of consideration
for others.
The elevator laminate flooring in 302 is worn through to the underlay and looks really
bad. EBMC is making this a new entry on the Action Item list.
Old Business
VI.
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Page 1
VII.
Mario from Impressive Plumbing attended tonights meeting to discuss

questions the Board had about flushing vertical lines. He explained that
each unit has a vertical line that acts as an air vent to ensure smooth
water flow. These lines extend to the roof and can develop internal
constriction over time, causing clogs and backups. The pipes are as old
as the buildings (40 years-plus) and have become extremely brittle over
time. Even gentle flushing of these lines can cause them to crack at the
time of flushing or even later. Worse case scenario if the verticals are
flushed and break: extensive property damage, remedial restoration
required, walls have to be opened, and pipes have to be replaced.
Because of this possibility, and if the Board wants vertical flushing done,
Impressive would want indemnification from the HOA. Currently, verticals
are being replaced on an ad hoc basis if a crack or rupture occurs.
Mario will evaluate all of the vertical lines when he does the next
hydroflushing of the lateral lines in October, and will present a report on
his observations to the Board. He will also do a write-up of some of our
plumbing issues, which will be posted on the VSHOA website.
Education is the key to making owners and residents aware of what
and what not to put down the garbage disposal, how to do routine drain
maintenance, etc.
Security Camera Update Some delay in going live was caused by
vendors lead technician being on vacation. Vendor has recommended
having Comcast provide access because AT&T is too slow. MOTION:
Lee moved the Board ratify the agreement Gabriella Makstman signed
with Comcast; Katherine seconded the motion, which passed
unanimously.
Dryer Vent Update Only seven residents did not have their dryer vents
cleaned, and a fine will be imposed. The Grievance Committee (which
now consists of Lee Mazmanian and Katherine Shyu-Abad since
Gabriella is no longer on the Board), will provide some dates when they
are available to meet with residents so that EBMC may set up hearings.
New Business
a. Reserve Study In the past, Board members have done walk throughs with
Architectural Control/Construction Committee Chair Rob Wood in preparation for
reviewing the Reserve Study and verifying its accuracy. Rob offered to take Board
members on a tour. Members who wish to go with him and Jennifer are Tony Silva,
Maria Vistro, Katherine Shyu-Abad, Rex Ngov and Lee Mazmanian. Lee will work
with Rob to select some possible dates and times and notify those who wish to
attend so a specific date/time can be selected.
b. Light Pole Repairs Review and approval of invoice from Positive Electric, who
was called by EBMC to investigate why none of the streetlights behind 353 were
working. Firm responded quickly, did trouble-shooting, and did urgent repairs.
Vendor should have called for approval but the repairs would have had to be made
ASAP, as there was no lighting in the building area. Vendor has been instructed
that pre-approval is a must in the future. MOTION #1: Lee moved the Board
approve Invoice #12517 in the amount of $2,430.50; Katherine seconded the
motion, which passed unanimously. MOTION #2: Lee moved the Board accept
Positive Electrics proposal #12032 in the amount of $1,925 to pole light
underground power repairs; Katherine seconded the motion, which passed
unanimously.
c. Leaks Review and approval of Bids to Repair Damages - there have been
several serious leaks recently.
302/103 Caused by main line backup so is HOA responsibility. Total

charges will exceed insurance claim minimum of $10,000. Bids varied
from high of $15,251 to $8,500. MOTION: Tony moved the Board not file
an insurance claim and pay costs, and that Landmarks bid of $8,500 be
accepted; Katherine seconded the motion, which passed unanimously.
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VI.
303/107 Leak is HOA responsibility as resulted from crack in pipe in

walls outside of unit 107, verified by plumbers camera. MOTION: Tony
moved the Board not file an insurance claim and that the bid from ACE in
the amount of $473 be accepted; Lee seconded the motion, which
passed unanimously.
332/106 Cost will exceed the $10,000 deductible. Damage caused by
owner of 306 when hot water hose under sink in that unit failed. Because
this is Tony Silvas unit, he abstained from the discussion and the vote
on the damages to the three units in this stack. MOTION: Lee moved
that the HOA not file an insurance claim, that the bid of $3,500 from
Landmark be accepted, and that the charges for repairs to the unit be
billed back the owner of 332/306; Katherine seconded the motion, which
passed unanimously. EBMC will notify owner of 332/306 of his
responsibility.
332/206 - Cost will exceed the $10,000 deductible. Damage caused by
owner of 306 when hot water hose under sink in his unit failed. MOTION:
Lee moved that the HOA not file an insurance claim, that the bid of
$3,000 from Landmark be accepted, and that the charges for repairs to
the unit be billed back the owner of 332/306; Katherine seconded the
motion, which passed unanimously. EBMC will notify owner of 332/306
of his responsibility.
349/101 - 201 Washer hose leak Tony moved the Board accept
ACEs bid of $3,231, for repairs to unit 101, and then bill the owner of
201 for these charges; Katherine seconded the motion, which passed
unanimously.
Committee Reports
a. Presidents Report No report.
b. Treasurers Report New cards have to be signed, as Gabriella is no longer on Board.
Cards will be signed at next months meeting per EBMC.
c. Pool & Spa Chair asked if photos of cracked ceiling beam have been put on Project
Managers list. Rob Wood of Architectural Control believes origin of crack is bolts. He will
re-send photos to Jennifer plus some more that he took.
d. Architectural Control & Construction Chair Rob Wood is concerned re following:
Checked and found soil is piling up around the Rec building, especially on office
side and there is probably some dry rot. Jennifer said she met with Gachina today to
discuss this and other issues. Sal also has it on his punch list to inspect for soil
build-up around buildings at least quarterly. .
Noted roof above the door to the Rec Building is clogged with pine needles, and the
tree may be touching the building.
e. Landscape
Jennifer reported meeting today with new Gachina manager. Issue of soil build up
around buildings addressed with her and a formal letter will be sent outlining the
problems that exist.
There are a lot of dead trees on the property. Cost for removal of these trees will be put
into the budget for coming year.
There is a pine seedling that is nearly up to the second floor of a lower townhouse and
is clearly right up against the building.
f. Governing Document Revision Committee Another meeting will be scheduled soon.
g. Parking Committee A no-parking sign needs to be repositioned so the face is turned in
the direction so a driver can see it. Roaming tows are no longer allowed by DavisStirling, so tow truck has to be called and someone has to sign for removing the car
from the property.
h. Grievance Committee Gabriella Makstman has moved and is no longer on the Board.
Committee now consists of Lee Mazmanian and Katherine Shyu-Abad.
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i. Collection Committee Now that Gabriella is no longer on the Board, this Committee
consists of Lee Mazmanian and Rex Ngov. EBMC will arrange a training session for
new Board members, which Tony will also attend.
VII.
Maintenance and Management
Purchase of Buffer machine for spot cleaning of carpets. Board discussed purchase of this
item. The big carpet-cleaning machine creates excessive wear and tear on carpets if it is used
frequently. MOTION: Tony moved the Board purchase the Windsor buffing machine at a cost of
$938 plus tax and shipping; Katherine seconded the motion, which passed unanimously.
Request by EBMC for overtime for Sal Sal was called to the property one morning last
Saturday to deal with a leak from cold water supply line. He spent 4-5 hours on the property on
that Saturday. MOTION: Tony moved the Board authorize the overtime pay and charge the
homeowner for the overtime cost incurred; Katherine seconded the motion, which passed
unanimously.
Change of Day for Board Meetings After discussion, the Board opted to change the regular
Board of Director meetings to the third Thursday of every month.
VII.
Next Meeting Next meeting is scheduled for Thursday, September 18, 2014, at 2115 in the Rec
Room.
VIII. Adjournment The meeting was adjourned at 2159.

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FINAL
MINUTES
23 July 2014
Gabriella Makstman, President
Katherine Shyu-Abad, Vice President
Tony Silva, Treasurer
Lee Mazmanian, Member

Homeowners Present:

I.
Call to Order/Verify Quorum - President Gabriella Makstman called the meeting to order at
19:16.
II.
Approval of June 2014 Board Meeting Minutes Tony moved the minutes for June be
approved with two minor corrections; Lee seconded the motion, which passed unanimously
III.
Homeowner Forum
Resident of 302 asked about back-up in 103 last week. Serv-Pro has removed damaged
areas of carpet and padding and dry wall. The bathroom vanity is to be removed
tomorrow. EBMC is investigating whether Magic Plumbing snaked far enough down the
line when they came to the unit on 7/14. EBMC is also investigating repair costs.
Owner in 353 reported when the building elevator stops on the first floor, the door
doesnt open, and wonders if this could be a fault with the sensors. EBMC will have
Empire Elevator investigate.
Owner on first floor of 302 reported that Juan did a great job on the carpets, but some
stains seem to have returned, and asked if the carpet tiles in front of the garbage chute
door can be replaced.
Owner in 331 reported the stairwell door that opens on Philip Drive does not close all
the way by itself. EBMC will have Sal check all condo building stairwell doors.
Project Manager Update
Paul Driscoll was present at tonights meeting and reported on the following
items:
Exterior evaluations of the buildings are done, and there is very little prep work
that needs to be done before painting can begin. Paul has finished preparing the
specifications for painting and balcony/deck coatings, and these projects can be
sent out for bid, probably next month. The plan is to have everything in place to
begin painting in late April or early May 2015; to begin painting much earlier than
that brings up possible delays in doing the work due to winter rains.
There are two structural issues with the tennis court/visitor garage:
o Inspection reveals water intrusion through the walls. There are two
options: a) dig a trench, which is not feasible as there is a residential
building very close to the tennis court structure/visitor garage; or b)
thoroughly clean the negative walls, and then inject the cleaned walls
with material which will expand in tiny spaces in the wall, and then
apply a water-proofing agent to the walls interior.
o Cracking visible on exterior walls the tennis court surface is slightly
convex for draining of water. The seal between the edge of the tennis
court surface and the concrete brick walls of the structure have
IV.
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V.
VI.
allowed water to enter into the concrete brick walls, causing the rebar
to rust and the bricks to expand. Recommended solution is to repair
the damaged areas, then apply waterproofing on the inside of the
wall, and seal the court surface to the walls.
o The engineers working with Paul and Sigler Associates dont see any
structural compromise in the building at this point, nor does there
appear to be significant movement. When erosion was discovered
under the corner of the structure several years ago, the Board opted
to do a stop gap measure by placing gravel under the affected
corner, saving the HOA approximately $200,000 at that time; this
turned out to be an excellent decision.
Soon Paul will be meeting with several lighting contractors to repair/replace

lighting fixtures and/or poles in public areas on the campus.
Paul has had multiple discussions with the contractors and subcontractors who
replaced the building roofs during the reconstruction. Paul thinks there is a
combination of problems, and reports discussions are coming along slowly.
Paul brought several proposed color renderings from Dunn-Edwards. The plan is
to create a Board Painting Committee. Tony Silva is the Chair of the Committee,
and members are: Katherine Shyu-Abad, Elaine Murphy, Rob Wood, and Lys
Wren. The Committee will meet with the color consultant from Dunn-Edwards
within the next month or so.
o The Committee will choose three proposed schemes for
recommendation to the Board. Once the painting contractor has been
selected and has placed mock-ups of the three paint selections on a
building, the Board will seek input from owners. The Board values the
input of owners, but the ultimate decision will be made by the Board of
Directors.
o Timing for painting: The plan is to send RFPs to selected painting
contractors in the Fall/Winter, and begin painting of the buildings and
coating of the decks in April or May of 2015, depending on the weather
being dry.
Old Business
a. Security Camera Update Good news in that we will be able to connect all
cameras to one IP address within the complex, saving the HOA a considerable
amount of money ($70 per month per IP connection is the current going rate). Sals
computer has to be connected to building 303 investigation revealed conduit is
present so trenching will not have to be done. The system is up and running and
access should be available by next week.
b. Dryer Vent Update EBMC has mailed notices of violation to 13 owners who
have not yet had their dryer vents cleaned. Owners will have an opportunity to
have these violations discussed before the Hearing Committee. As Gabriella is on
this Committee and is moving next month, a new Board member had to be
appointed. Katherine volunteered to serve.
Committee Reports
a. Presidents Report Gabriella informed the Board she has sold her unit and is moving
next month. The August meeting will be her last one. She will be missed greatly by
homeowners, the Board and EBMC, all of whom are grateful for her work on the Board as
well as on the Finance Committee.
b. Treasurers Report Signature cards must still be signed so the Reserve funds have not
yet been transferred. Cards will be signed at next months meeting and funds moved ASAP
thereafter.
c. Pool & Spa Spider nest has been removed, thanks to Sal. Chair reported frequently
seeing moisture along the base of the walls in the spa and pool building and wondered if
there could be dirt in contact with the siding.
d. Architectural Control & Construction Chair Rob Wood ducked out earlier to look at the
pool and spa building. He reported that there is dirt in contact with the pool and spa building
sidings. Gachina was supposed to be checking this and making sure that any dirt in contact
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with the building is removed. EBMC will talk to Gachina and also will put this inspection on
Sals punch list, to be done every 3 or 4 months.
Chair inspected 349/304 subflooring again today. Work is still not completed as the
situation of improper size plywood, fastening of plywood to joists, etc. is not done
satisfactorily. Estimate is the work will require another 30-40 days for completion.
Chair did a detailed report several years ago on how the floors are built, and how
the concrete replacement in units should be done, but EBMC is unable to find this.
Of note, the cost of repairs as done per that detailed document cost the HOA
significantly less. EBMC will try to find the report. If they cannot, then Chair will re-do
this, with help of Paul Driscoll, as the document will aid in accurate estimates and
better procedures for scope of work to be done. Rob recommended this report be
part of our documents.
Gabriella recommended having a member of the Architectural Control/Construction

Committee check progress on replacement of concrete subflooring in units.
However, Rob felt it would be more appropriate to have a Project Manager check
progress in units undergoing such replacement of subflooring, for an additional fee.
EBMC will investigate cost for this.
e. Neighborhood Watch National Night Out is August 5. Chair has requested flyer from Daly
City Police Department. Once that is received, it will be put up on the web site and Sal
will post copies on building bulletin boards. We will not have a separate event, but
rather will suggest owners and residents participate in the event, which is located at the
Target Parking lot on the corner of Junipero Serra and Serramonte Boulevards from
4:30 6:30 PM on August 5.
f. Governing Document Revision Committee Elaine Murphy reported the Committee is
approximately halfway through the CC&Rs. Another meeting will be scheduled soon.
VII.
Next Meeting Next meeting is scheduled for 20 August 2014 at 1900 in the Rec Room.
VIII. Adjournment The meeting was adjourned at 2111.

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FINAL
MINUTES
25 June 2014

Homeowners Present:

I.
Call to Order/Determination of Quorum & Discuss Meeting Time Start Time to 1915.
A quorum having been verified, President Gabriella Makstman called the meeting to order at
1907. MOTION: Gabriella proposed starting the Board meetings at 1915, which would give
members time to get home from work, see to their children, etc.; Tony seconded the motion,
II.
Approval of May 2014 Board Meeting Minutes Tony moved the Minutes for the May
Regular Business Meeting be approved with one minor correction, which Maria noted; Maria
seconded the motion, which passed unanimously.
III.
Homeowner Forum
o Owner in 331/102 upset because Dish Satellite has not returned his calls;
Jennifer will try to assist.
o Same owner is also worried that unit above his might be putting in hardwood
floors (request from owner of that unit is being discussed at tonights meeting).
o Same owner also requested a pool access card from EBMC.
o Owner in 353 reports strong odor of pot smoke coming from her neighbors
balcony into her home.
o Homeowner in 329 complained about drivers speeding on Philip Drive in general.
In particular he complained about the rate of speed and carelessness which
drivers use when entering and leaving 349, 353, and 303. Another owner present
suggested installing a battery- or solar-operated flashing yellow light in an effort
to slow them down.
o Owner in 332 reported the cover to the garbage chute on the second floor is
frequently left open, allowing flies and bad odors into the hallway. EBMC will
have all condo buildings checked for this problem.
o Owner asked again about letting owners use the clubhouse. Jennifer will draw up
a procedure for clubhouse use and present it to the Board for discussion.
o Owner complained a neighbor is making a lot of noise on the weekend sawing,
hammering, etc. EBMC will contact the offending owner.
Project Manager Update
Board reviewed a long list of items from Paul Driscoll of Sigler & Associates. The
only significant item requiring input from the Board at the moment is repainting
the complex. EBMC will arrange to have a color consultant from Dunn & Edwards
Paints make a presentation to the Board.
New Business
a. 302 Gutter repair bid review: Bids from Landmark and Axis were reviewed.
MOTION: Tony moved the Board accept the bid from Landmark (dated
IV.
V.
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b.
c.
d.
e.
f.
g.
h.
i.
j.
03/19/2014) in the amount of $800 to repair the gutters in 302; Lee seconded the
motion, which passed unanimously. Gabriella signed proposal at tonights meeting.
303/101 water leak repairs The hole resulted from a leak investigation. The
Board reviewed bids from Landmark and Axis, the bid from Landmark being $349
less than the one from Axis. MOTION: Lee moved the Board accept the bid dated
02/26/2014 from Landmark in the amount of $2,000 to effect the repairs to
303/101; Tony seconded the motion, which passed unanimously. Gabriella signed
the Landmark bid at tonights meeting.
349/203 water leak repairs The owner specifically requested that Landmark not
be allowed to do the repair (there have been no complaints about Landmarks work
during the time he has worked with VSHOA). MOTION: Lee moved the Board
accept the bid from Axis dated 06/12/2014 in the amount of $1,046 to repair the
repairs to the drywall opened during plumbing repairs; Tony seconded the motion,
which passed unanimously. Gabriella signed the bid at tonights meeting.
Garage Door Repairs Two units (339 and 333) have damage to the doors.
Aaron Overhead recommends changing both doors as the recommended door has
triple layers with steel insulation and steel (current ones have single layer, making
the door stronger. New door also has a lifetime warranty, and the current one has
no warranty. The new door will look exactly the same as the old one. MOTION: Lee
moved the Board accept the bid from Aaron Overhead doors to install Stratford
triple layer insulated doors at unit 339 and 333, at a cost of $1,050 for each door
this price includes a 10% discount; Katherine seconded the motion, which passed
unanimously. Gabriella signed the proposal at tonights meeting and also asked
EBMC to speak to the vendor about EBMC being authorized to replace doors (only
if doors are damaged) for 5 years at the same price. EBMC will talk to Aaron
Overhead and report back to the board.
332/205 subfloor repairs The board reviewed bids from A.C. Enterprises and
Blue Mountain. MOTION: Tony moved the Board accept the bid from Blue
Mountain in the amount of $5,771.82 to repair subflooring in dining room, kitchen
and bathroom in this unit (the bid was about $1,500 less than A.C.s); Lee
Possible Rec Room Roof Leak EBMC asked Serv-Pro of the Sunset to
investigate this. Email from them indicated problem needs to be remediated as it is
due to nicotine staining that was not removed prior to the wall area in the stairwell
being repainted during reconstruction. Board instructed EBMC to add this to the
Project Managers list; a new Action Item will be created as well by EBMC.
Water Leak Report EBMCs review reveals majority of costs have been
recovered. Letters have gone out to owners who owe money to VSHOA for leak
issues. Hearings will be held on July 2 and July 9. Jennifer will do the Minutes from
these hearings.
Dumpster and E-Waste - Tony moved to have EBMC arrange for a temporary
debris box rental from Allied Waste Services for removal of large items and ewaste; EBMC is to arrange for more efficient removal of e-waste than occurred last
time; Gabriella seconded the motion, which passed unanimously. Rental contract
was signed by Gabriella at tonights meeting. Date debris box will be delivered will
be announced later.
Repairs to Units post Plumbing investigation Delegation of Approval
Between Meetings - MOTION: Gabriella moved the Board accept EBMCs
suggestion to delegate approval to two Board members between meetings for
repairs (costing less than $1,500) from water leaks, as $1,500 is the cut-off in our
governing documents for jobs requiring only one bid; Tony and Katherine agreed to
be the two Board members to make the approval; Lee seconded the motion, which
passed unanimously.
Cracked Sliding Glass Door in 353/305 - Owner reported glass cracked at a time
when there were several days of very hot weather recently; Bill Mann of Blue
Mountain will meet with owner. EBMC will follow up with owner to let them know
repair of sliding door glass is owners responsibility.
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k.
VI.
VII.
VIII.
New Fire Alarm Monitoring Contract Review/Approval There is a $35 fee per
fire panel now that wireless receivers are installed. EBMC has terminated phone
lines that formerly serviced the panels at a cost of $80 each per month; the HOA is
saving $3,360 per year with the wireless receivers. MOTION: Lee moved the
Board accept the monitoring service contract from Sequoia in the amount of $280
per month ($35 x 8 lines); Tony seconded the motion, which passed unanimously.
Gabriella signed the proposal at tonights meeting.
Action Item List only those items discussed are listed below.
c. 314 Hearing is set for 07/02/14.
d. Updating governing documents Committee has met once, and has another
meeting scheduled this weekend. They are about 2/3 of the way through the
CC&Rs.
e. 303/103,203,303 water leak Pending.
f. Clubhouse Clean Out Pending
g. 353/101 leak completed. Item will be removed from AI list.
h. Gate remote database cleanup pending.
i. Obtain bids for updating security system Wiring in pool area cannot be used,
Metro Locksmiths has submitted change order for diagnosing wiring issue, running
all new cable for 3 cameras to community area, etc. MOTION: Gabriella moved the
Board accept Estimate 16587, dated 06/11/14, from Metro Locksmiths in the
amount of $2,852; Tony seconded the motion, which passed unanimously.
Gabriella signed the acceptance form at tonights meeting.
Collections
a. Tony moved the Board forward Account T0007579 ($2,886.73) to ASAP for
Collection; Lee seconded the motion, which passed unanimously. Gabriella signed
the referral at tonights meeting.
b. Late Fee Waiver Request none.
c. Committee report EBMC will be working with the Committee to set up training as
well as having all collections at ASAP reviewed by another collection company to
receive advice on ASAPs performance.
Committee Reports
a. Presidents Report
o Gabriella reported on a recent discussion she had with Jennifer of EBMC. VSHOA has
been with EBMC for more than 11 years, and Jennifer has been our property manager for
four years. We are currently paying EBMC $3,400 per month and get one-half of her
time. Gabriella asked the Board to consider what we are receiving and to carefully
consider if EBMC is worthy of a raise, suggesting the middle option, with eight additional
hours at no charge, from the proposed contract EBMC submitted to the Board last year
at budget time, which was too late to give the Board adequate time to review their
proposal and to have it reviewed by our counsel. Gabriella noted this proposed contract
is now being reviewed by Berding & Weil. Any increase the Board agrees to will be put
into next years budget. The Board is very pleased with the new format of the Board
packet and the Summary page, which Jennifer designed.
o After discussion, the Board defined an emergency as fire, flood, or blood or an issue
that significantly affects quality of life, e.g. the elevator not working and posing a
problem for residents with mobility issue. The Board agreed to authorize the President to
spend up to $2,000 to deal with an emergency.
b. Treasurers Report
o Tony recommended moving $1.2 Million from the Reserve account into the following
interest-earning and insured institutions:
o
Institution
Amount
Type Investment Length of Time
Banco Popular
Bank of Commerce
Bank of Commerce
City National Bank
$414,000
$414,000
$250,000
$100,000
CDAR Account
CDARS (0.85%)
Money Market
Money Market
FINAL
1 year
3 years
Reserves deposited here
on monthly basis
Page 3
IX.
MOTION: Gabriella moved the Board accept Tonys plan for handling Reserve funds;
Katherine seconded the motion, which passed unanimously.
c. Pool & Spa Chair reported huge spider nest in skylight with lots of spiders in it and asked if
it could be flushed out using high water pressure. Pool and spa temperatures at proper
levels. Spa water level still low on Monday morning, but not nearly as much as in the
past.
d. Architectural Control & Construction Owner of 331/202 has completed Flooring
Questionnaire, Architectural Modification Request Form, and Hold Harmless
Agreement Covenant re: Architectural Alteration. Gabriella moved the Board approve
the installation of Pergo laminate as requested by owner; Tony seconded the Motion,
which passed unanimously. Owner said she was requesting replacing like with like, but
she was unaware that the prior owner had installed hard flooring without permission
before she purchased her unit.
EBMC suggests that everyone who currently has hard flooring complete a
Questionnaire about their floors; EBMC will then check unit file for a request and Hold
Harmless. If these are missing, this would be a one-time opportunity for the owner to
get them without penalty.
EBMC still has not received JC Engineering report and suggests Paul Driscoll,
Jennifer and Chad Thomas at Berding & Weil have a meeting or phone conference in
Executive Session to discuss Draeger, etc.
e. Neighborhood Watch no report.
f. Governing Document Revision Committee Lys Wren reported they have met once and
have gotten about one-third of the way through the CC&Rs, making notations and
th
recommendations as they review items. Another meeting is scheduled for July 4 .
g. Parking Committee Chair Maria Vistro was not at tonights meeting. Jennifer
recommends keeping Blue Water, as Broadmoor has not returned phone calls. EBMC
proposes the committee meet with a parking enforcement expert to review challenges and
obtain solutions. This consultant will need to be paid, and EBMC suggests giving a not to
exceed amount to the Chair to explore this option. This to be discussed further at next
meeting.
h. Landscape Committee Per Jennifer, all signed work orders from last meeting (May) will
be done the first week in July.
j. Management & Maintenance Updates
o EBMC wants to schedule Board Training.
o Gabriella has suggested EBMC come up with a Q and A sheet to address most
owners questions.
o Boards priorities for EBMC during the next month:
Spa
Cameras
Signature cards and transfer of Reserve Funds.

o Next months meeting will be a 1/2 hour regular business meeting with an
extended Executive Session to follow.
Next Meeting Next meeting is scheduled for 23 July 2014 at 1900 in the Rec Room.
X.
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Page 4
FINAL
MINUTES
21 May 2014

None
Homeowners Present:
3 homeowner were present during the meeting

Attending from C. L. Sigler & Associates: Paul Driscoll
I.
Call to Order/Determination of Quorum

A quorum having been verified, Acting President Gabriella Makstman called the meeting to
order at 1906.
II.
Organization of Directors Proposed were:

a) President Gabriella Makstman.
Board President Duties (per the Davis-Stirling Act): Presiding over board
and membership meetings; serving as liaison between management and
the board; serving as liaison between the association's attorney and
the board; serving as general manager and overseeing day-to-day
matters, such as meeting with vendors, soliciting bids, etc. (unless a
manager has been hired to handle those duties); co-signing checks with
the treasurer or secretary; and serving as an ex officio member of
committees. The president cannot veto board decisions.
b) Vice President Katherine Shyu-Abad.
Board Vice President Duties (per the Davis-Stirling Act): Unless the
governing documents provide otherwise, a secretary's duties are as
follows: Oversee giving notice of board and membership meetings;
ensure that minutes of meetings are taken and approved (can use
assistant); sign a copy of the final, approved minutes; oversee the
preparation of the membership list; file appropriate documents with the
Secretary of State; as custodian of records, ensure that the association's
records are maintained; and frequently co-signs checks with the
president or treasurer. The secretary may delegate many of his/her
duties to the manager, management company, or an assistant, but must
oversee the work.
c) Secretary - Maria Vistro.
Board Secretary Duties (per the Davis-Stirling Act): Unless the governing
documents provide otherwise, a secretary's duties are as follows:
Oversee giving notice of board and membership meetings; ensure that
minutes of meetings are taken and approved (can use assistant); sign
a copy of the final, approved minutes; oversee the preparation of the
membership list; file appropriate documents with the Secretary of State;
as custodian of records, ensure that the association's records are
maintained; and frequently co-signs checks with the president or
treasurer. The secretary may delegate many of his/her duties to the
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manager, management company, or an assistant, but must oversee the

work.
d) Treasurer - Tony Silva.
Treasurers duties (per Davis-Stirling Act): Oversee the association's operating

account and reserve account, keep and maintain the association's financial
documents, oversee deposits, oversee investments, ensure that bills are paid,
oversee the preparation of the budget, ensure a report of financial transactions
are made to the board, ensure a reserve study is prepared, serve as the
board's liaison with the association's auditor, review and implement safeguards
to protect the association's financial assets, ensure that tax returns are filed on
time, and sign bank cards and co-sign checks with the president or secretary.
The treasurer can delegate many of his/her duties to the management
company, but must oversee the work.
e) Board Member Lee Mazmanian.
All Board members unanimously agreed to serve in these positions.
III.
Approval of 19 March 2014 Board Meeting Minutes Tony moved the Minutes for the March
Regular Business Meeting be approved with two minor corrections; Maria seconded the motion,
IV.
Committee Reports
a. Presidents Report Assignment of emergency expense approval to new President
MOTION: Tony moved the President be authorized to expend not more than $2,000 for an
emergency expense; Maria seconded the motion, which passed unanimously.
b. Treasurers Report/Financial
i. EBMC asked to discuss and seek Board approval on scanning checks for vendors
with back-up documentation and gaining approval of two (2) Board members via
email, allowing VSHOA property manager (Jennifer Salazar) to provide the second
signature only on checks from the Operations account in the event an urgent
payment issue arises, such as the recent situation wherein the Board was nearly
assessed a late fee on the loan. Issue discussed. MOTION: Gabriella moved this
action be approved; Tony seconded the motion, which passed unanimously.
ii. Insured Funds The bulk of our funds remain uninsured. Jennifer and Tony will
confer via phone next week on where to distribute the funds so that all are
adequately insured. This issue is to be resolved by the next Board meeting (18
June 2014).
c. Pool & Spa
i. Committee Chairs Responsibility to monitor conditions in the pool and spa
and building and to report any problems promptly to the Management Company.
ii. EBMC reported repairs to the spa began 05/13/14 and are anticipated to last about
two weeks.
d. Neighborhood Watch
i. No report.
ii. Committee Chairs Responsibility acting under the aegis of a Board member,
to activate the Watch Committee if conditions such as vandalism warrant it; to
maintain a roster of committee members. Current Board representative is Gabriella
Makstman, current Chair is Lys Wren, and committee members are Elaine Murphy
and Rob Wood. Lys would like to step down from Chair position eventually, as she
has physical limitations that prevent her from doing active patrolling.
e. Architectural Control & Construction
i. Chair Rob Wood reported he, Elaine Murphy, Jennifer Salazar and Sal Ponce did a
walk through with Javier from JC Engineering last week. They inspected roofs,
balconies, building envelopes, being mindful of the fact that we are approaching
end of the ten-year warranty on the reconstruction project.
ii. Inspection of the flat roofs revealed some pooling of water, some of which remains
for more than 72 hours a violation. Noted also was cracking of the tar, especially
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on the roof of 302. Paul Driscoll of Sigler Associates said roofing was handled
during reconstruction by two subcontractors for Draeger, namely BT Roofing and
CertainTeed.
iii. Sand was noted to have blown up against the roof decks to the point where it
touches the deck, constitution an earth to wood contact.
iv. Committees Responsibility To review requests for architectural actions and to
make recommendations to the Board; to inspect work done as needed; to serve as
liaison with the Board and Construction Project Manager. JC Engineering is to
submit a report of findings and a proposal.
f. Parking Committee
i. EBMC is in process of switching towing companies, with goal of having signs
posted by the May Board meeting.
ii. EBMC is requesting that when Pacific Surfacing does repairs to the seal coat on
Philip Drive, they also paint the street curbs (at no additional charge to VSHOA) by
the lower townhouses red as these are fire lanes.
iii. Committees Responsibility To make recommendations to the Board on how
parking regulations contained within our governing documents may be enforced.
Maria Vistro is Chair of the Committee.
g. Landscape Committee
i. MOTION: Tony moved that the Board accept the following proposals, Gabriella
seconded the motion, which passed unanimously:
Gachina proposal 21126, dated 04/29/14 in the amount of $3,057 to

remove dead tree from Philip Drive outside the visitor garage; install 45
5-gallon Ceanothus plants on the hillside, modify existing irrigation to
accommodate new plants, and install one metasequoia and 1 lemon
cedar.

beautify the property entrance island: remove & dispose of all existing
plants except trees, install 9 large boulders, modify existing irrigation,
and top dress with Arbor mulch.

install two Monterey cypress trees and 38 1-gallon ceanothus plants in
the lower townhouse area and modify existing irrigation to
accommodate the new plants.
Arborwell proposal E63819, dated 05/16/14 in the amount of $2,040 to

remove diseased Monterey pine located between the tennis court and
the Rec as this diseased tree represents a danger to adjacent
buildings should it fall.
ii. MOTION: Tony moved that the Board not accept Gachina proposal 21130 in the
amount of $1,406 to install three new Monterey cypress trees along the backside of
the slope of building 332, and that the funds for this project be used to install plants
around building 353, which has no plantings at present. Gabriella seconded the
Motion, which passed unanimously.
h. Governing Documents Revision Committee Committee consists of Elaine Murphy,
Rob Wood and Lys Wren. They are meeting on Friday evening, 23 May to begin review of
proposed revisions from Berding & Weil.
i. Management & Maintenance Updates
i. EBMC asked to have an invoice in the amount of $250 for Jennifers extra time re
construction defect inspection walk through on 05/09/14. MOTION: Tony moved
the Board approve this charge; Maria seconded the motion, which passed
unanimously.
ii. EBMC reports the pressure washer is broken and cannot be repaired and is
seeking Board approval to purchase a new one. MOTION: Tony moved the Board
approve purchase of a new pressure washer from Home Depot in the amount of
$799 plus tax; Maria seconded the motion, which passed unanimously.
iii. EBMC requested Board permission to move $3,642 from Reserves into the
Operating account to cover the VSHOA loan payment. This is necessary as there
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are three homeowners who are not making their loan payments and the
Association has to cover the amount due. MOTION: Tony moved the Board
authorize the transfer of funds from Reserve to Operating account; Lee seconded
the motion, which passed unanimously.
iv. Board asked EBMC to determine if the hill behind buildings 353 and 349 is getting
enough irrigation, plants, etc. EBMC to obtain a report on this as the Board is
concerned about the fire danger during this time of drought.
V.
Homeowner Forum
i.
Homeowner reported that real estate agent Mike Ma had several open house
signs spread around the property and in a condo building, a direct
contravention of the Associations governing documents. Also, the main gate
was propped open, allowing any and all cars onto the property. When it was
pointed out to the agent that theses actions were not allowed, Ma said he was
unaware of the infraction of governing documents, and did not remove the
signs. The homeowner removed the item keeping the gate open, allowing it to
close.
ii.
Owner reported that on walk throughs in the condo buildings, there are many
areas of carpet that are stained and give a shabby appearance to the building
interiors. EBMC will have staff shampoo and/or remove stained carpet tiles and
replace them with new ones.
VI.
Project Manager Update - Paul Driscoll reported he has placed notices in buildings to alert
residents that Sigler & Associates will be conducting inspections for the next couple of weeks.
Among the construction/repair items Paul will be working on are:
Inspection and repairs of buildings to get them ready for painting.
Decks are scheduled to be re-coated this year.
Evaluation of common area lighting.
Parking structure/tennis court there are several issues there. JC

Engineering evaluated the structure recently vis--vis the reconstruction
warranty, and EBMC is awaiting his report. Sigler & Associates also had
an engineer inspect the structure recently.
Roof maintenance see item e (ii) on page two of Minutes.

Collections
i.
Lien/Collection action approval (as needed): EBMC account sf31633 is behind in both
regular monthly dues and special assessment payments. Gabriella is concerned about
the amount of money ASAP Collections now wants from the Association and would like
to investigate other avenues of collection. MOTION: Maria moved the Board give
Gabriella authority to decide where collections should be sent and that Lee be
appointed to the Collections Committee; Tony seconded the motion, which passed
unanimously.
ii.
Late Fee waiver Request Homeowner requested waiver of late fee, stating she had
th
put her payment in the mail on the 10 of the month but it was not received until after
th
the 15 . Discussion among Board members ensued. MOTION: Gabriella moved the
request be denied; Tony seconded the motion, which passed unanimously.
iii.
Collection Committee had no report.
VII.
VIII.
Action Item List Note: Only those items on the AI list that were actually discussed at
tonights meeting are listed here.
a. 314 Bid review/approval Board needs to call owner into a hearing as several attempts
at contact have been made and the owner has not replied.
b. Updating governing documents see Committee Reports above.
c. 303/103,203,303 Water leak Pending. Subrogation can take years. EBMC will follow up
with attorneys next month.
d. Clubhouse clean out not discussed although on Agenda.
e. 353/101 leak pending.
f. Gate remote database clean up pending.
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g. Updating security system - Work scheduled to start 05/22/14 and will be every Thursday
and Friday until 07/11/14.
h. Glass graffiti EBMC has two bids. Paul of Sigler Associates is not enthusiastic about the
anti-graffiti film. Pending receipt of additional information to make decision.
i. 349 building damage EBMC cannot find the owner to pay the $85 and would like to close
this item. Board agreed to close it.
j. Spa leak see Pool Committee report above.
k. Pool signs Pool Committee chair will try to work on this in July and have report for the
Board by the July meeting.
l. Internal roof drainpipe repairs The Board received two bids (Blue Mountain and Magic
Plumbing) to repair four internal roof drainpipes. The Board requested this item be put on
the Project Manager (Sigler & Assoc) list.
m. Fire lane poles project stuck in fabrication. EBMC continues to follow up.
VIII. New Business
Water Leak report EBMC has prepared a spreadsheet and will supply updates on leaks.
Creation of Grievance Committee Hearings need to be scheduled for several violations
and issues but there is difficulty getting Board members, EBMC personnel, and the
homeowner together to discuss the infraction. EBMC has requested a Grievance
Committee consisting of two Board members be formed to meet with the owner(s) to
hear his/her/their side of the issue, to discuss the violation, and to provide
recommendations to the Board during an Executive Session of the Board. Gabriella
and Lee agreed to be the Board members on the Grievance Committee, but there were
some procedural questions. EBMC will research and get back to the Board ASAP.
302 and 353 dog urine Pending.
302 gutter bid review Pending.
349/105 water leak repairs Pending.
Board member to attend Daly City Neighborhood Association meetings: Lee volunteered to
be the Board attendee; Elaine Murphy volunteered to be the secondary attendee.
Asphalt Failed Area Work Pending.
Garage Door Repair Pending
Gate Repairs MOTION: Maria moved the Board accept the proposal 2399-G BG dated
05/07/14 from R & S Erection in the amount of $218 to replace bad edge transmitter on
south exit gate plus $338 to replace the bad DC2000 battery back up on the north entry
gate (total $556); Lee seconded the motion, which passed unanimously.
IX.
Project Manager
Items currently on the Project Manager List are:
a. Building Roof Inspection
b. Erosion
c. Concrete Patch
d. Upper townhouse exhaust fan
e. Street & garage lighting
f. Light pole painting
g. Roof maintenance bids
h. Building paint
i. Deck Seal
j. Building Trim inspection
X.
Next Meeting Next meeting is scheduled for 18 June 2014 at 1900 in the Rec Room.
XI.
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FINAL
MINUTES
19 March 2014
Elaine Murphy, President
Gabriella Makstman, Vice President

Homeowners Present:
1 homeowner was present during the meeting

I.

A quorum having been verified, President Elaine Murphy called the meeting to order at 1907.
II.
Approval of February 2014 Board Meeting Minutes Maria moved the Minutes for the
February Regular Business Meeting be approved as submitted; Gabriella seconded the motion,
Announcement from President Elaine Murphy stated she would not be running for reelection. She has served on the Board for 15 years, most of those years in the position of
President. She will continue to do the Associations newsletter, but will have to have input from
the Board regarding the topics they want addressed. Because of her knowledge of VSHOA
history, she also volunteered to serve as an Advisor to new Board members, should they
request her assistance.
III.
IV.
Committee Reports
a. Treasurers Report/Financial
i. Tony was not in attendance at this meeting. Elaine reviewed the Audit, noting the
HOA is 35% funded in Reserves, and we have uninsured funds. MOTION:
Gabriella moved that President Murphy sign the Audit copy in Tonys absence;
Maria seconded the motion, which passed unanimously.
ii. Purchase of CDs is still pending as Tony has not yet recommended banks to hold
insured reserve funds. Jennifer will contact the Board if she does not hear soon
from him.
b. Pool & Spa Carl Noack attended tonights meeting to report to the Board on his recent
meeting with Ken Robinson, the Inspector from San Mateo County Health Department
(SMCHD). Because the Association went to the County and informed them of the problem
with the spa leak, the Inspector is inclined to be as lenient as possible. Carl provided EBMC
with a copy of Robinsons report of his recent inspection. Several items that should have
been done when the spa was drained for resurfacing a couple of years ago were not done
by Hills, among them modification of the handrail and proper installation of the channel
drain, failure to get some required permits, etc. This work has to be done ASAP to satisfy
the SMCHDs requirements. MOTION: Gabriella moved the Board accept Noacks
proposal dated 03/01/14 to: a) repair the spa main drain ($2,200); b) replace the second
channel drain, per requirements of the SMCHD ($218); c) replace handrail to a Figure 4
design per SMCHD ($789); d) replace pool light fixture (unrelated to spa problems); and e)
City/County Permit costs $250) = total of $3,945. Maria seconded the Motion, which passed
unanimously. Jennifer will talk to the Association attorney re our filing a claim in Small
Claims Court against Hills. If the spa has to be replastered following the repairs, the HOA
will seek to recover cost from Hills in Small Claims Court.
c. Neighborhood Watch No report.
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V.
d. Architectural Control After discussion, the Board agreed unanimously to change the
name of this Committee to the Architectural Control and Construction Committee. Rob
Wood will remain chairman. He has requested the addition of Elaine Murphy to this newly
named Committee because of her institutional knowledge of the huge reconstruction
project in 2005-06 and other work that has been done around the property; Elaine agreed
to be on the Committee.
e. Parking Committee Bluewater Towing informed EMBC that the law no longer allows
roam towing. MOTION: Gabriella moved the Board change our towing contractor from
Bluewater to Broadmoor Towing; Maria seconded the motion, which passed unanimously.
f. Landscape Committee Committee chair did not attend tonights meeting. No report
g. Documents Committee Board voted to add this ad hoc committee to the agenda tonight,
as review of Documents is still in progress.
h. Management & Maintenance Updates
i. Toilet in womens bathroom needs to be replaced, not just repaired. MOTION:
Gabriella moved the Board accept the proposal from Magic Plumbing in the
amount of $800, including parts and labor; Maria seconded the motion, which
passed unanimously.
ii. 349/105 ceiling leak was caused by drainpipe and is HOA responsibility. Owner
wants repairs done ASAP. Since the Board president can approve up to $2,000 in
expenditures, Elaine has authority to approve an appropriate bid, not to exceed
$2,000 in parts and labor, and she has agreed to do this. EBMC will forward bids to
her ASAP.
iii. Elaine reported she and Rob Wood did a walk through the property on 03/18/14
with Javier of JC Engineering. JCE is preparing a report of his investigations, and
Architectural Control & Construction Committee (ACCC) chair has asked to have 1
Board member, Jennifer of EBMC, and the 2 ACCC members present at the time
JCE makes its report.
Homeowner Forum
i.
Owner reported seeing sand in front of 349 as a result of drainage from recent
rainstorm, and asked to have a way found to stop and/or correct the problem.
ii.
Gabriella reported she met with a company who provides childrens playground
equipment re creating a playground in the upper tennis court. There is no way to get
equipment to the upper level or to tear down fencing without this turning into a huge
and expensive project. Thus, the project is not doable.
iii.
Owner reported storage room in his condo building smells moldy.
iv.
Katherine reported she called AT&T and T-Mobile cellular providers re possibility of
having a cellular tower erected on the property. She was informed that the HOA would
have to submit a request, but the companies would only get back to her if they were
interested.
v.
Katherine called the vent cleaner, and they informed her they had received no
callbacks or complains in relation to the vent cleaning project on 10/18/13. There is a 6month warranty. Group rate is $79 per unit, normally $119. An airflow test was
conducted. There were 30-40 units that did not grant access to vendor, and a list was
sent to Jennifer. Vendor reported the pipes were packed with lint, but it was the worst in
first floor units. He recommended vent cleaning be done every 3 years, not 5. Some
owners did not want to pay for vent cleaning, despite it being mandatory for building
safety. After discussion, the Board will add a paragraph to the governing
documents to the effect that if homeowners do not comply with the mandatory
cleaning, a fine (amount to be determined) will be levied. Gabriella suggested that
next years budget include $6 per month to cover cost of vent cleaning since it is
mandatory. Jennifer will contact the vendor as she has not yet received the list of units
that refused to have vent cleaning conducted or who refused to grant vendor access to
their unit when requested to do so.
vi.
Katherine reported seeing a notice posted in the elevator in 302 regarding seeing dog
urine in the elevator and informing dog owners that it is their responsibility to clean up
after their pet or they will be reported to the management company.
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vii.
VI.
VII.
Katherine indicated her concern that the Annual Meeting packet included the form
completed by individuals seeking election to the Board included unit numbers and
telephone numbers. We need to have a nominating committee and EBMC agreed to
have addresses and phone numbers removed from the candidates statement.
viii.
Homeowner reported that more and more junk is appearing on some decks and that
some owners who received warning notices previously still have not complied with the
request to clean up. EBMC will investigate.
Collections
i.
Lien/Collection action approval (as needed) None.
ii.
Discussion/Direction on 331/107 Jennifer reported to the Board that the owner of this
unit had died; the City took over the property, and sent EBMC a Debtors Claim to
complete. Jennifer scanned the form and sent it to ASAP. If an attorney completes this
form, the Board has directed EBMC to add legal fees to the claim.
Action Item List Note: Only those items on the AI list that were actually discussed at
tonights meeting are listed here.
g. Bids for updating security system MOTION #1: Gabriella moved the Board accept
proposal 16103 from Metro Locksmiths dated 03/12/14 in the amount of $58,904.56 but
instruct the vendor to use Comcast rather than AT&T for the dynamic DSL line; Maria
seconded the motion, which passed unanimously. Funds for this are to come from Reserves.
MOTION #2: Gabriella moved all the old hardware be sent for e-recycling; Maria seconded
the motion, which passed unanimously. Elaine signed the acceptance of proposal at tonights
meeting.
h. Glass Graffiti bids received by EBMC have varied widely. Jennifer sent a sketch of the pool
enclosure area to assist in RFP, and is now asking for bids from general contractors. This is
still pending. All the glass frames in the pool enclosure have to be replaced, but we do not
need sliding panels, just stationary ones and those will probably be cheaper. Bids are asked
to include cost of film and glazes to cover the glass panels.
j. Spa repairs see Pool Committee report.
l. Repair of Roof Drain Pipes Jennifer has asked Bill Mann of Blue Mountain to prepare and
submit a bid.
VIII. New Business

a. Fire Alarm System Trouble Signal Solution The report from Smith & Sons dated 03/11/14
was reviewed by the Board. Trouble alarms are due to a ground fault in the underground cabling
that occurs when it rains. Solving the problem will require placing new conduits and new wires.
i. EBMC will request bids for placing new conduits and wiring.
ii. MOTION: Maria moved the Board accept Smiths suggestion to replace the existing fire
alarms in all buildings with new technology, namely, to install the Honeywell IPGSM-4G,
at a cost of approximately $5,400 for installation; and approximately $315 monthly for
monitoring, saving the cost of two existing telephone lines and estimated to save the
HOA approximately $3,700 yearly; and that Elaine be allowed to approve the final
proposal from Smith. Katherine seconded the motion, which passed unanimously.
IX.
Project Manager
The Board reviewed proposals from LCM Consulting and C. Sigler & Associates. MOTION: Gabriella
moved the Board accept Siglers proposal for the following Projects:
a) Project 1 siding/trim, balcony coating, concrete and re-painting ($24,800)
b) Project 2 roofing maintenance recommendations ($3,200)
c) Project 3 below grade waterproofing at tennis structure ($12,800)
d) Project 4 common area lighting assessment ($ 3,900)
e) Project 5 crawl space ventilation at building D-5, 333-347 Philip ($3,200)
Maria seconded the motion, which passed unanimously. Elaine Murphy signed acceptance of the
proposal at tonights meeting.
X.
Next Meeting Next meeting is the Annual Meeting, which is scheduled for 16 April 2014 at 1900 in the
Rec Room.
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XI.
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Page 4
FINAL
MINUTES
19 February 2014

Gabriella Makstman, VP
Homeowners Present:
1 homeowner was present during the meeting

I.

II.
Approval of January 2014 Board Meeting Minutes Tony moved the Minutes for the November
Regular Business Meeting and Executive Session and the Regular December Business meeting be
approved as submitted. Maria seconded the motion, which passed unanimously.
III.
Committee Reports
a. Treasurers Report/Financial Decision is pending re how much money to keep out for
Reserve requirements for this year. Tony recommends setting up four different accounts and
putting $240,000 in each account.
b. Pool & Spa Poor Chair reports temperature in pool and spa is okay. Jennifer is pursuing Carl
Noack to set up a meeting with the San Mateo Pool inspector. Carls chief concern is not with the
minor leak in the spa but with the drain gates. Jennifer will contact Hills Pools.
c. Neighborhood Watch No report.
d. Architectural Control Chair Rob Wood walked the property with a cement contractor from Bay
Cities Concrete & Masonry Restoration. Contractor said the back wall in the visitor garage is
crumbling. Contractor said he would send a report ($1,000) regarding all cement issues he
observed, but would not charge for the report if the HOA hired him to do the work. Jennifer
quickly checked the licensed contractor website, which indicated an expired license as of
01/31/14. Therefore, the HOA cannot use this contractor. Homeowner noted the stairs leading to
the tennis court appear to be more tilted. Because of these and other issues that have been
pending for some time, the Board instructed Jennifer/EBMC that getting Project Manager bids to
them ASAP for their review is a priority.
e. Parking Committee No representative from Blue Water Towing attending tonights meeting.
Board members commented there are still no signs with Blue Waters phone number in any of the
condo garages, just at the entrance to the property and outside the visitor garage. Blue Water
does not make regular sweeps through the property to check for cars parked in fire lanes.
f. Elaine will check with Rick Crump, President of Crown Colony, to see what towing company they
use as the Board feels it is time to get a new towing vendor.
g. Landscape Committee Chair Tony Silva walked the property with Jennifer and a
representative from Gachina prior to tonights meeting. Tony wants to reconsider the design for
the front island per the discussion with Gachina rep and install big rocks with mulch in between
them. EBMC will get a bid from Gachina.
i. Tony wants a bid to remove the diseased myoporum on Philip Drive outside of the
visitors garage and replace it with a donated metasequoia, which the Gachina rep said
will do well in that place. EBMC will get bid for removal and planting the new tree.
ii. Tony asked EBMC to get a bid to plant two more trees plus ceanothus near 332, where
the tree was removed.
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iii. MOTION: Maria moved the Board accept Gachinas bid $14728 for a one-time cleanup of
the slope behind 302, and planting of 10 15 5-gallon ceanothus plants. Cleanup is $800
plus the cost of the plants (15 x $35 = $525), for an approximate total of $1,325.
Katharine seconded the motion, which passed unanimously.
iv. MOTION: Maria moved the Board accept Gachinas bid #313170 dated 05/13/13 in the
amount of $174 to remove a diseased Hebe outside of the clubhouse, next to the stairs
going up to the pool, and to plant three 5-gallon shrubs in its place. Kathryn seconded the
The Board reviewed a bid from Gachina to erect a small wall made of pressure-treated posts from the
concrete ramp alongside the visitors garage to Junipero Serra, and install a French drain to prevent
further problems with runoff and mud. EBMC will ask Blue Mountain to submit a bid to do the same
work.
h.
Management & Maintenance Updates Jennifer reported three waste disposal firms were
supposed to meet with her today on the property, but only Allied showed up.
i. The flushing mechanism in the toilet in the womens bathroom needs to be replaced.
Jennifer will get a bid from Magic Plumbing for replacement.
ii. Cintas, the firm who did the 5-year fire sprinkler inspection, returned to the property and
walked the units they were unable to access when the inspection was originally
scheduled and submitted a statement in the amount of $12,176 ($3896 for parts (painted
sprinkler heads) and $7,6809 in labor for replacing 9 recalled heads, 1 corroded head,
and 108 painted sprinkler heads. The charges for parts and labor for the 18 painted
sprinkler heads will be recharged to the homeowners. Board authorized Jennifer to pay
the bill.
iii. Board asked Jennifer to double check with Alert Pest Control to make sure the spraying
for roaches had been done. Shes been playing phone tag with them. Treatment is three
separate spray sessions, for which the homeowners will have to pay.
iv. 349/209 Investigation of the leak to from 209 to 109 revealed the wall was crumbled
around an angle pipe. Homeowner in 209 paid for repairs and wants to be reimbursed, as
this issue is responsibility of VSHOA. Sal did dry wall repairs. MOTION: Tony moved the
owner of 349/209 be reimbursed for $159; Maria seconded the motion, which passed
unanimously.
IV.
Homeowner Forum There were no homeowner concerns.
V.
Collections ASAP is in the process of providing their reports in an easier to understand format.
Collections will be reviewed at the next meeting.
VI.
Action Item List Note: Only those items on the AI list that were actually discussed at tonights
meeting are listed here.
h. Review Arborwell invoices The disputed $250 charge has been credited back to VSHOA
EBMC paid half and Gachina paid half.
i. Bids submitted have been for pool building and 331 only. Inspection of property needed, as there
may be other areas of glass graffiti pending.
m. Internal roof drain repairs EBMC has 1 bid from Magic Plumbing (does not specify number of
drains per building, so need additional information) and is awaiting another bid from Blue
Mountain via Bill Mann. Pending.
n. Fire Lane Poles Bill Mann of Blue Mountain has suggested installing a swing gate, removing
existing poles and installing two new ones with V-gate painted red. Bid submitted (#398668,
dated 02/19/14) is for $3,364. MOTION: Tony moved Blue Mountains bid be accepted; Maria
VII.
New Business
a. Garage door repair bids for 318, 339,333 Aaron Overhead Doors estimate #E45132 for $1,860,
dated 02/28/14 was reviewed. TH 318 was done as emergency ($450), charges for 339 ($590),
and owner of #333 says unknown person backed into garage door ($820). EBMC will recharge to
owners the hardware items and labor for them, as hardware is not HOA responsibility.
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Page 2
VIII. Project Manager Update pending. Additional item for the project manager will be the tennis court
structure back wall is crumbling.
IX.
Next Meeting Regular Board of Directors meetings are now held on the third Wednesday of each
month. Next meeting is scheduled for 19 March 2014 at 1900 in the Rec Room.
X.
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FINAL
MINUTES
15 January 2014
Gabriella Makstman, VP

None
Homeowners Present:
4 homeowners were present for part of the meeting

Salvador Ponce, Property Maintenance Manager
I.

II.
Approval of November & December 2013 Board Meeting Minutes Tony moved the Minutes for the
November Regular Business Meeting and Executive Session and the Regular December Business
meeting be approved as submitted. Gabriella seconded the motion, which passed unanimously.
III.
Committee Reports
a. Treasurers Report/Financial Still no decision made as to where Reserve funds should be
deposited. EBMC will send a list of banks with whom EBMC does business to Tony so he can
check CD rates online.
b. Pool & Spa Chair reported underwater lights in both pool and spa are burned out; Sal will
contact Carl Noack Pools for replacements. EBMC still has not heard from San Mateo County as
to when their inspector will be on site re the problem with spa.
c. Neighborhood Watch Owner reported dog feces (see below) as well as someone is urinating
in the elevator in 353. EBMC will post notice in that building alerting residents and urging them to
report anyone identified or known to commit such acts to the management company.
d. Architectural Control Owner of 303/201 was at tonights meeting to discuss the failed area of
subflooring in his unit. The Architectural Control Committee has approved the materials to be
used. MOTION: Gabriella moved that the Board accept the bid from Blue Mountain Air dated
01/07/2014 and at an amount not to exceed the cost ($2,964) in the AC Enterprise proposal (date
not visible on paperwork), and if the amount does exceed that figure, then Gabriella and Elaine
are authorized to approve any; Tony seconded the motion, which passed unanimously. Elaine
signed the proposal from Blue Mountain at tonights meeting. [This item is also on the Agenda
under New Business]. Additionally, Elaine Murphy reported that she and Architectural Control
Chair did a walk through with one of the prospective Project Managers and the three of them saw
none of the possible problems that had been mentioned earlier to EBMC.
e. Parking Committee Blue Water Towing will be invited to address the Board at the February
meeting. It is okay to have cars that are illegally parked in red zones towed. Homeowners can
have cars that are illegally parked in their assigned parking place(s) in the garage towed as well.
f. Landscape Committee - Jennifer prepared a spreadsheet of all the proposals and bids from
Gachina for Tony. He will discuss these with Gachina crew supervisor for our property. An owner
wants to donate two trees (metasequoia and a lemon cedar), and Tony will ask Gachina if these
are suitable for our property.
g. Management & Maintenance Updates Jennifer will send the insurance certificate to Elaine so
she can upload it to the HOA website. Jennifer also notified the Board she authorized an
emergency expense of $400 to R&S so that the gate could be kept operating properly.
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Page 1
IV.
Homeowner Forum
a. Resident of 353 reported a plastic baggie containing dog feces was placed in the center of the
doormat to her unit. She reported the matter to the police, but requests the Board consider
placing cameras in all lobbies. Also see Neighborhood Watch above for reports of residents
urinating in elevator in 353.
b. Residents living in a unit on the first floor of 353 reported cockroaches in their unit. EBMC will
notify exterminators stat. This is the first known sighting of these insects in Village Serramonte in
40 years.
V.
Collections The Board reviewed account T0028509. MOTION: Tony moved the account be
forwarded to ASAP Collections for lien placement; Gabriella seconded the motion, which passed
unanimously. Elaine signed the approval form at tonights meeting.
VI.
Action Item List Note: Only those items on the AI list that were actually discussed at tonights
meeting are listed here.
a. 314 Bid Review/Approval the homeowner is responsible for the repairs in his unit. MOTION
#1: Gabriella moved that the Board provisionally approve the homeowners contractor pending
EBMCs reviewing the contractors insurance; Tony seconded the motion, which passed
unanimously. MOTION #2: Tony moved that the Board an amount not to exceed $1,000 for JC
Engineering to inspect the contractors work; Gabriella seconded the motion, which passed
unanimously.
b. 353/101 leak. Gabriella moved to accept proposal C-1002 from Landmark in the amount of
$14,616.92; Maria seconded the motion, which passed unanimously. Elaine Murphy signed the
c. Obtain bids for updating Security System Bid review. In view of the recent episodes of urination
occurring in elevators and dog poop being left in a baggie on an owners doormat, the Board has
asked EBMC to obtain a bid for placing cameras in condo building lobbies. This is a priority item,
as the elevator in 353 reeks of urine.
d. Glass graffiti two glass companies were called but only one submitted a bid. One company
suggested replacing the glass along with the doorframes (pool building) because they are
corroded. Sal will get additional bids.
e. 353/105 request to have Internet maintenance charge dating back to 2010 removed from their
account. MOTION: Gabriella moved to waive the cost; Maria seconded the motion, which passed
unanimously. EBMC will notify owner, informing them that although the cost is justified, after four
years of non-payment, the cost will be removed.
f. Spa leak pending inspection.
VII.
New Business
a. 303/201 subfloor repair - MOTION: Gabriella moved that the Board accept the bid from Blue
Mountain Air dated 01/07/2014 and at an amount not to exceed the cost ($2,964) in the AC
Enterprise proposal (date not visible on paperwork), and if the amount does exceed that figure,
then Gabriella and Elaine are authorized to approve any; Tony seconded the motion, which
passed unanimously. Elaine signed the proposal from Blue Mountain at tonights meeting.
b. Overtime approval for Sal from leak in 349 Sal was called in on Saturday, 01/10/14 re
emergency and had to spend 5-1/2 hours on site. MOTION: Gabriella moved the overtime be
approved; Tony seconded the motion, which passed unanimously.
c. Homeowner wants to use Clubhouse to teach classes to non-residents. The rules presently do
not allow the clubhouse to be used for anything other than association-sponsored events.
Homeowner will prepare a proposal for the Board on how she feels the clubhouse can/should be
used.
VIII. Project Manager Update pending.

IX.
Next Meeting Regular Board of Directors meetings are now held on the third Wednesday of each
month. Next meeting is scheduled for 19 February 2014 at 1900 in the Rec Room.
X.
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MINUTES
18 December 2013
The Village Serramonte Board of Directors held a regular meeting in the Rec Room

Gabriella Makstman, VP (joined on speaker phone
for 6 minutes only)
Maria Vistro, Secretary (vacation)

1.
A quorum of the Directors was not present at 1900. Gabriella Makstman was able to join the meeting via
speakerphone for 6 minutes only, allowing the Board to decide two pressing issues on tonights Agenda.
Elaine Murphy, President of the Board, called the meeting to order at 1910.
Agenda Urgent Items under New Business
2.
o 2014 Property and D&O Insurance renewal/approval Tony moved the Board renew
our current Insurance policy with the Miller Agency, using the same parameters as 2013, at
an annual premium cost of $56,399; Gabriella seconded the motion, which passed
unanimously.
Gutter Cleaning bid approval Board reviewed the proposals from All Seasons ($5,400)
and from Urban Bros ($3,350). Jennifer pointed out there were some homeowners last
year who had issues with Urbans performance, but they do know the property and the bid
is the lower of the two. Gabriella moved the Board accept the proposal from Urban with the
proviso that they be told to shape up by EBMC; Tony seconded the motion, which passed
unanimously. Elaine Murphy signed the 12/11/13 proposal from Urban Bros. at tonights
meeting. Work will commence after Christmas as gutters are in great need of being
cleaned prior to the next rain.
3.
Selection of Date/Time of Future Meeting
Regular Board of Directors meetings are now held on the third Wednesday of each month, so next
meeting is scheduled for 15 January 2014 at 1900 in the Rec Room.
4.
Adjournment
With Gabriella unable to remain on speakerphone any longer, the meeting was adjourned at 1916. Items
not discussed tonight will be placed on the January 2014 Agenda.
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MINUTES
13 November 2013
The Village Serramonte Board of Directors held its regular monthly meeting in the Rec Room.
BOARD MEMBERS PRESENT
Katherine Shyu-Abad, Board Member
BOARD MEMBERS ABSENT

1 homeowner was present during tonights
meeting.
Present from EBMC:

Jennifer Salazar, Property Mgr
Sal Ponce, Maintenance Mgt
I. Verify Quorum/Call to Order

A quorum being present, President Elaine Murphy called the meeting to order at 1910.
II. Approval of September & October Budget Board Meeting Minutes
Gabriella moved the Minutes from the September Board Meeting and the October Budget Board
meeting be approved as submitted; Maria seconded the motion, which passed unanimously.
III. Homeowners Forum a. Owner of unit 349/107 was at tonights meeting so Item A under New Business was handled in this
section.
b. Owner in 349 reported grate in pavement at garage entry doesnt fit properly, is raised up and can
present a hazard to pedestrian and vehicular traffic. EBMC will have Sal look at it.
c. Owner in 353 wants to make a playground in the upper tennis court and reports that a group of
homeowners with children want to raise funds to build it. Board noted this would be considered a
capital improvement and would need vote of the membership. Jennifer will bring the issue up with
Counsel at the next opportunity. In the meanwhile, homeowner will form a Committee to investigate
the issue, obtain bids, etc.
IV. Committee Reports
a. Treasurers Report/Financial Tony recommended some Reserve funds be put into GE
Capital. Jennifer will research the company, see if it works with HOAs, and get documents.
Tony recommends there be three banks to hold Reserve funds: Banco Popular, GE Capital and
a third to be decided.
b. Pool & Spa Nothing to report. We are awaiting San Mateo County inspection of the spa
issues, but inspector is presently on vacation.
c. Neighborhood Watch Board member reported recent unpleasant interchange with stranger
who had gained access to her building and who was rude, hostile and demanding she listen to
him. She called the police. Her building does not have a No Soliciting sign on it. Elaine
Murphy will look for such signage on line and order it. The Board member will write article about
the aggressive stranger for inclusion in the next edition of our newsletter.
d. Architectural Control No report.
e. Parking We need information signs on property with correct contact information for Blue
Water Towing. Jennifer will contact the company to have the signs installed.
VSHOA Minutes 11/13/13
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f. Landscaping Bids from Gachina were reviewed. Job Bid #17120 was put on hold as Board
members want to look at the entry area to the property before making a decision. Job Bid
#16883 to build a retaining wall was rejected by the Board. Job bid #16329 (to plant New
Zealand Christmas trees adjacent to buildings 333-347 & 353): MOTION: Tony moved the
Board accept this bid in the amount of $2,297.27; Gabriella seconded the motion, which
passed unanimously. Elaine Murphy signed the proposal at the meeting.
V. Collections
a. Lien/Collection action approval (as needed): Board unanimously agreed to file Lien on APN 100480-710
b. Committee Report None.
VI. Management Issues Leak spreadsheet reviewed. Only a few remaining that need to be charged back
to owner. EBMC will set special meeting(s) for hearings in January as each homeowner will need
approximately 30 minutes to discuss his/her case with the Board.
VII. A. Action Item List in an effort to better manage different types of issues on the Action Item list, it
was decided to have three lists: a) Those items to be discussed at the current meeting; b) those items
placed on the AI list for the Project Manager, who has yet to be hired; and c) a Closed AI List. The
following items are those listed on tonights agenda:
a. 314 TH EBMC re-sent all the documents relating to the floor damage to owner, who says
she understands the situation. Owner still has not granted access to her unit for inspection.
MOTION: Gabriella moved the HOA send a letter to owner telling her she has 10 days to
comply with request to access unit to inspect the areas for which the HOA is responsible,
or VSHOA will turn the matter over to our attorneys, and that owner will be responsible for
legal fees; Tony seconded the motion, which passed unanimously
b. 353-101 leak EBMC has received a refund of $3,000 from ServePro when the insurance
caught an overcharge. Pending.
c. Gate Remote Database Clean up Requests for information has been mailed to owners.
Forty-three percent of owners have not responded. Pending.
d. Obtain Bids for Updating Security System AltaTech will not do monthly billing, only
annual. MOTION: Tony moved VSHOA continue our current contract with AltaTech for one
year (2014), with a cap of $3,000 per year; Maria seconded the motion, which passed
unanimously.
e. Pool Signs EBMC awaiting further information from Noack Pool Company.
B. Project Manager AI List - (these items not discussed at tonights meeting): EBMC is awaiting
additional proposals from prospective Project Managers).
a. 314 Floor (2010.0310)
b. Building Roof Inspection (2011.0210.e)
c. Erosion Control/Replace trees (2011.0518.a)
d. Concrete Patch Outside Rec Room (2011.0808.a)
e. Upper Townhouse Exhaust Fan (2011.1116)
f. Street & Garage Lighting (2012.0719.c)
g. Obtain Roof Maintenance Bids (2012.1217.a)
h. Building Painting (2013.0614)
i. Building Trim Inspection (2013.0624.A)
j. 302 Garage - ? stress fracture of concrete bricks (2013.0925.a)
VIII.
New Business
a. Dry Wall Repair 349/107 Owner of the unit was at tonights meeting so this and other issues
of his concern were discussed under Homeowners Concerns. MOTION: Gabriella moved the
Board accept Landmarks Proposal dated 11/05/13 in the amount of $1,500 to perform drywall
repair; Tony accepted the motion, which passed unanimously. President Elaine Murphy
electronically signed the proposal and emailed it to EBMC to forward to the contractor.
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b. Leak review for 331/208 contractor doing the repairs was reported putting debris into the
trash in 331. EBMC sent the owner an email instructing him to have his contractor refrain from
disposing of debris on the property.
c. NEW ACTION ITEM: Roof internal drainpipe repairs. EBMC is awaiting an additional bid.
d. NEW ACTION ITEM: Fire lane poles.
e. Repainting of front gate MOTION: Tony moved the Board accept the proposal # 23546-G BG
from R & S Erection of San Mateo in the amount of $1,260 to prepare and paint gates and
fencing at property entrance; Maria seconded the motion, which passed unanimously. Elaine
signed the proposal at tonights meeting.
f. Commercial Energy Contract Counsel noted no red flags in the contract. MOTION: Tony
moved the Board accept the Commercial Energy Contract (Market Price Option); Katherine
seconded the motion, which passed unanimously. Elaine signed the contract at tonights
meeting.
g. Review/Approval of 2014 Reserve Study and Review/Approval of 2014 Budget Elaine stated
she was appalled at the 30% increase in fees from EBMC contained in the 2014 Budget. The
Board was not given enough time to make a decision regarding the EBMC contract and get the
Budget out on time, send the proposed new EBMC to counsel for review, etc. She noted it
would have been more appropriate for the Board to have had EBMCs proposal in hand several
months prior to first seeing it in the proposed 2014 budget. Jennifer told Board she would timetrack for the next two months to give the Board a better perspective. MOTION: Tony moved
the Board approve the Budget as reviewed with a 3% raise for EBMC, and that the Board use
the Current Assessment Funding Level Option for the Budget; Gabriella seconded the Motion,
which passed unanimously. Using the Current Assessment Funding Level option, the new
monthly fees for homeowners is:
i. Townhouses: $385.00 per month
ii. Condominiums: $496.00 per month
IX.
Project Manager Update EBMC has received one proposal and is awaiting additional ones. This
item was placed tonight on the AI list in order to track it closely.
X.
Next Meeting 18 Dec 2013 at 1900 in the Rec. Regular Board meetings will be held henceforth
on the third Wednesday of each month.
XI.
Adjournment Meeting was adjourned at 2130.
Respectfully Submitted,
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Board of Directors Budget Meeting

MINUTES
10 October 2013
The Village Serramonte Board of Directors held a special budget meeting in the Rec Room.

Katherine Shyu-Abad (excused)
3 homeowners were present at various times
during tonights meeting.
Present from EBMC:

Carra Klampett, VP, Acting Dist Mgr.

II. Homeowners Forum o Two homeowners complained about the backup of traffic onto Junipero Serra at 6:00 p.m. during the
resurfacing of Philip Drive. The drive was reopened for traffic at exactly 6:00 p.m. One of the 2
owners wanted to talk with Jennifer of EBMC after the meeting regarding a bill he had received.
o One homeowner arrived 20 minutes after the Homeowners Forum and was informed she was late
and could not discuss her issue.
III. 2014 Reserve Study Review/Approval (N.B): Board voted to reverse items III and IV from the Agenda
as published. This document reflects the reversed order.)
The Board began with a review of the gas audit spreadsheet prepared by Jennifer, and then went
on to review Scenario 1 in the Reserve study.
The first item discussed was the 30% increase in management fees. Carra outlined the findings of
a recent study done to assess how Jennifers time was spent vis--vis VSHOA and the other properties
she manages, and it appears she spends 30-40 hours per month on VSHOA issues. Additionally,
EBMCs accounting staff spends approximately 32 hours per month on VSHOA accounting. EBMC
feels they are unable to continue to provide their current level of service without a price increase. Carra
noted EBMC has received only an additional $346 per month in their contract in the 11 years they have
been our management company. Part of their new proposal includes Jennifer spending 8 hours per
month of uninterrupted time on the property and providing personal supervision of staff.
The Board noted it would have been helpful had they received EBMCs proposed new contract prior
to the budget review, noting VSHOA had received abysmal service with a couple of [property]
managers in the past.
Carra will consider the Boards input with EBMC management, and will provide a couple of
additional proposals with varying levels of service for the Board to consider.
Additional line items were discussed and changes suggested. EBMC will have revisions in the line
items to the Board (both for Scenario 1, which is the current document, and for Scenario 2, which is the
Threshold Scenario 2) prior to the regularly scheduled BOD meeting on 28 October.
The Board noted the Association is only about 39% reserve-funded at this time.
IV:
2014 Budget Review/Approval - Review done. Final approval to be done at the regular BOD meeting
VSHOA Budget Meeting Minutes
10/10/13
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on 28 October 2013.
V:
Management Report & Discussion no significant issues to report.
VI:
Next meeting is the regular Board of Directors Meeting scheduled for Monday, 28 October at 1900 in
the Rec.
VSHOA Budget Meeting Minutes
10/10/13
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25 September 2013

Present from EBMC:

Sal Ponce, Maintenance Mgt

II. Approval of July Board Meeting Minutes
Gabriella moved the Minutes from the August Board meeting be approved as submitted; Tony
III. Homeowners Forum - the Board unanimously agreed to move the Homeowners Forum to this position
rather than following the Committee Reports because of unexpected attendance of real estate agent
with pending sale in 302, who was accompanied by Tony Garnicki, Branch Sales Manager of W.J.
Bradley Mortgage Capital, LLC in Burlingame. Mr. Garnicki was here to beseech the Board to increase
insurance coverage to the limits required by the FHA (this item was on the Agenda as Item A under
New Business). Mr. Garnicki had previously contacted EBMC re this issue, EBMC obtained additional
information regarding costs from Michael Miller Insurance Agency. The limit to satisfy this FHA
requirement is $1.3M; cost to increase to this level from our current limit of $800K is $83 for the
remainder of 2013, or about $295 annually. Mr. Garnicki offered to underwrite one years cost for the
additional coverage to the HOA, saying the money will come from the bank at Escrow close. MOTION:
Tony moved the Board accept Mr. Garnickis offer and increase our coverage to $1.3M, effective
immediately; Katherine seconded the motion, which passed unanimously.
Homeowner having difficulty obtaining a storage unit for her deck that meets HOA
specifications. Elaine had emailed links to EBMC to several companies that have
containers that meet the specifications. EBMC will forward them to owner.
Three homeowners attended tonights meeting to complain about the length of time for
emergency response from EMBC. One owner complained there was no stack shut-off
valve and suggested those be installed. Board explained this would be an additional cost
not covered by Reserves and owners would have to vote on a special assessment, which
probably wouldnt pass. Our buildings are nearly 40 years old, built prior to newer codes
relating to stack shut-off. The most recent event (happened late last night, 24 Sept 2013) to
occur when an owners shower started leaking and flooded unit below his. Owner called
EBMC. Sal Ponce reported he received the initial call from Jennifer at 2250 hrs, was told to
wait for 10 minutes until a plumber returned Jennifers call; when the plumber did not return
her call, Jennifer telephoned Sal and told him to go immediately to the property. Sal was en
route when Jennifer called him back at 2326 hrs, saying owner had managed to stop the
leak total response time of 36 minutes and not to come to the property.
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One of the three homeowners stated her expectation is that EBMC will have several
emergency companies available after hours to get here as fast as calling 911. Board &
EBMC explained this is not reasonable as many plumbers do not accept after hours calls.
After discussion with the Board and the 3 homeowners, EBMC will try to locate plumbers in
Daly City who do make after hours emergency calls; the three homeowners whose
expectations were not met agreed to provide names and contact information of plumbers
they know to EBMC for vetting.

a. Treasurers Report/Financial No report.
b. Pool & Spa Pool in excellent condition. Pool company still working on spa leak.
c. Neighborhood Watch No report. No homeowners have responded to newsletter requesting
volunteers. One member in attendance tonight said he would help out, if needed.
d. Architectural Control Chair Rob Wood went over the 2014 Reserve Study in detail with the
Board. In addition, EBMC reported deficiencies in 332 that Rob noted while working with
representative from Clear Channel regarding the new and very large lighted billboard-sized
sign that is being considered by the City Council for installation at Serramonte Shopping
Center, have been remedied. Rob had noted multiple problems and notified EBMC and the
Board doorbell not secured to the wall outside a unit, filthy carpets, dirty paint, etc. EBMC
staff to conduct regular and thorough inspections of all building on property on a regular basis.
e. Parking No report.
f. Landscaping Board reviewed proposals from Gachina to repair irrigation, as noted during
their recent walk through with EBMC and Chair Tony Silva. MOTION: Gabriella moved to
accept Gachina proposal dated 09/116/13 in the amount of $3,981.14 to perform repairs on
Controllers A, B, and C; Tony seconded the motion, which passed unanimously. Elaine Murphy
signed the proposal.
o Board is holding off on second proposal from Gachina dated 09/17/13 in amount of
$4,774.11 to do tree plantings and install additional sprinklers. EBMC has requested
a detailed proposal from Gachina for ALL work needed to be done on property: lineby-line item and cost per line item so Board can check off what they feel is
appropriate at the current time, and what can be delayed.
V. Collections
a. Lien/Collection action approval (as needed): None.
b. Committee Report None.
VI. Management Issues None requiring discussion.
VII. A. Action Item List in an effort to better manage different types of issues on the Action Item list, it
was decided to have three lists: a) Those items to be discussed at the current meeting; b) those items
placed on the AI list for the Project Manager, who has yet to be hired; and c) a Closed AI List. The
following items are those listed on tonights agenda:
a. Updating Governing Documents - Pending
b. 303/103,203,303 Water leak - Pending.
c. Seal Coating Asphalt this work is being done on 07 and 09 October 2013.
d. Clubhouse Clean out Pending.
e. 353-101 leak - Pending.
f. Dryer Vent/Chimney cleaning scheduled for October.
g. Gate Remote Database Clean up Requests for information has been mailed to owners.
Pending.
h. Obtain Bids for Updating Security System Pending.
i. Review Arborwell Invoices - Pending.
j. Garbage costs Jennifer met with Allied, and it was determined current containers meet
the HOAs needs, and thus no change is required. Item will be removed from AI list.
k. Glass graffiti - Pending.
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l. 349 Building Damage Pending.

m. Spa Leak pool company working on this. Pending.
n. Pool Signs EBMC awaiting further information from Noack Pool Company.
NEW ACTION ITEM Search for Project Manager. EBMC has received one proposal,
awaiting additional ones. Pending.
NEW ACTION ITEM Repair tennis court fence that was damaged when tree fell over in
windstorm in April 2013.
B. Project Manager AI List - (these items not discussed at tonights meeting):
a. 314 Floor (2010.0310)
b. Building Roof Inspection (2011.0210.e)
c. Erosion Control/Replace trees (2011.0518.a)
d. Concrete Patch Outside Rec Room (2011.0808.a)
e. Upper Townhouse Exhaust Fan (2011.1116)
f. Street & Garage Lighting (2012.0719.c)
g. Obtain Roof Maintenance Bids (2012.1217.a)
h. Building Painting (2013.0614)
i. Building Trim Inspection (2013.0624.A)
j. 302 Garage - ? stress fracture of concrete bricks (2013.0925.a)
VIII.
New Business
a. Five-Year Fire Repair Bid Review and Approval Board reviewed proposals from Cintas for fire
sprinkles system deficiencies noted at the time of the 5-year inspection on 08/22/13.
i. MOTION: Gabriella moved the Board accept Cintas Proposal dated 09/04/13 in the
amount of $9,933.25 to replace 119 painted/corroded/recalled sprinkler heads; replace
2 defective water flow switches; troubleshoot non-functional strobe at lower
townhouses; provide 6 missing spare sprinkler heads and spare head wrench for spare
stock box at lower townhouse units. Several of these items will be recharged to
homeowners. Tony approved the motion, which passed unanimously.
ii. MOTION: Gabriella moved the Board accept proposal from Cintas In amount of $480
for return trips to units not available for inspection on 08/22/13. These items will be
recharged to homeowners. Tony seconded the motion, which passed unanimously.
iii. President Elaine Murphy signed both proposals. The Board also requested EBMC
inform Cintas the Board feels the cost for the valves that had to be emergently repaired
(at considerable additional cost over the quote) at the time of the 5-year inspection on
08/22/13 should have been included in the proposal for the 5-year inspection, as
replacement or inspection is required at each 5-year inspection.
b. Latch Guard Bid Review/Approval The Board reviewed the proposal #37443 from Warman
Security in the amount of $831.27 to replace flush bolts on condo glass doors and add latch
guards to garage/lobby entry doors. MOTION: Gabriella moved the Board accept this proposal,
Kathryn seconded the motion, which passed unanimously.
IX.
Project Manager Update EBMC has received one proposal and is awaiting additional ones. This
Item was placed tonight on the AI list in order to track it closely.
X.
Next Meeting Budget Meeting scheduled for 10 October 2013 at 1900 in Rec. Only the budget
will be discussed at this meeting!
Regular Board Meeting scheduled for 29 October 2013 in Rec.
XI.
Adjournment Meeting was adjourned at 2127. II.
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26 August 2013


Present from EBMC:


Maria moved the July Minutes be approved as submitted; Katherine seconded the motion, which
passed unanimously.
III. Committee Reports
a. Treasurers Report/Financial No report as Treasurer Tony Silva not at tonights meeting.
b. Pool & Spa
Some conflicts noted in signage posted in pool building. Jennifer will contact Carl Noack re
State mandated instructions, font size, etc.
Noise of possible pump bearing stress noted over the weekend by resident. Jennifer will
report this to Carl.
c. Neighborhood Watch several auto break-ins and vandalism reported to EBMC of late.
Computers controlling the cameras had been moved and accidentally disconnected by a
vendor, who did not notify EBMC, so there were no images available of the recent break-ins.
Board wants to reactivate the Neighborhood Watch Committee (NWC). Many of the previous
NWC members are no longer resident or have physical infirmities, so we need new volunteers.
Committee Chair will write brief article for inclusion into next VSHOA newsletter seeking new
volunteers.
d. Parking No report. Chair reported that no one on the Committee showed up for the meeting
scheduled on 02 August. Committee input is needed ASAP on issues affecting the draft of the
revised CC&R and R&R documents to counsel.
e. Landscaping No report. Jennifer reported Gachina representative will be on site tomorrow.
IV. Management Issues Jennifer reported Sal will be working all day on Monday and Tuesdays, and off
the remaining three days of the work week while he is on paternity leave. Abel will work one-half
day on Wednesday, Thursday and Friday during Sals absence. Juan will be on site full-time during
regular work hours/days. Sal will be back on his regular work schedule in October, date to be
determined.
Elaine Murphy reported on the recent ECHO conference held in San Jose, and
recommended other Board members plan on attending next year, as there is much useful
information to be learned at the symposia.
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V. Homeowner Forum
Owner of 3553/102 asked for update on the repair of a broken pipe in his unit. Jennifer was told
plumber is awaiting a part, she will check with Magic Plumbing tomorrow and let owner know.
Owner in 353 reports the front door to the building continues to be left open, making the
building not secure.
Owner in 302 reported man has been using a letter opener to open the front door. If latch
guards are not already in place, Jennifer will get them installed.
VI. Collections
a. Lien/Collection action approval: None.
- Board accepted the change in wording (required by State of California) on ASAP collection
documents.
b. Committee Report no report.
VI.
Action Item List

a. 314 Floors Will come under purview of Project Manager (PM). Pending.
b. Building roof inspection Will come under purview of PM. Pending.
c. Erosion control/tree replacement Item will probably come under purview of PM. Pending.
d. Governing documents Committee has made recommendations and sent to EBMC.
Pending.
e. Concrete patch outside Rec Room Will come under purview of PM. Pending.
f. 303/103, 203, 303 water leak Still pending subrogation (on AI list since 04/16/12). May
eventually come under purview of PM.
g. Upper townhouse exhaust fan Will come under purview of PM. Pending.
h. 353/104 Moisture Owner continues to make payments as agreed. AI will be closed but
EBMC will continue to monitor. REMOVE.
i. Asphalt Seal Coat Pacific Surfacing will do a repair on 08/26. Sealing will be done
10/07/13 and striping on 10/09/13. EBMC will inform owners as no traffic will be allowed in
or out on Philip Drive during either sealing or striping. Pending.
j. Street and Garage Lighting Will come under purview of PM. Pending.
k. 353/101 leak EBMC received notice of default and bank is foreclosing. Message left for
insurance company to discuss further. Status unchanged. Pending.
l. Roof Maintenance Bids Will come under purview of PM. Pending.
m. Dryer vent/chimney cleaning bids Pending. Will do in Fall
n. Gate Remote Database cleanup Pending.
o. Obtain Bids for Security System Pending. Board wants the contract from AltaTech to be
on a month-to-month basis. MOTION: Maria moved the Board accept the proposal from
Alta Tech to repair two cameras in the garage of 303, upgrade the software in four
systems, and three hours of labor at a cost of $600; Katherine seconded the motion, which
passed unanimously. President Murphy signed the agreement. MOTION: Maria moved
EBMC obtain a month-to-month maintenance contract with Alta Tech at a cost of $300 per
month; Katherine seconded the motion, which passed unanimously.
p. Review Arborwell invoices Pending.
q. Submit cost comparisons to Board for larger garbage bins vs. extra pick up days
Pending.
r. Glass Graffiti EBMC had glass companies come to property, assess damage areas, and
prepare bid. First bid is $7,500 to buff out the glass damaged by vandalism. Awaiting 2
additional bids. Pending.
s. Building painting & Building Trim Inspection Pending hiring Project Manager. Trim
Inspection AI was removed and added to Building painting.
t. 349 Building Damage Pending request for reimbursement from owner.
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VII.
New Business
a. EBMC requests newsletter be done for September to inform homeowners of recent
vandalism, break-ins, asphalt work, etc. Elaine will work on this. NWC chair will do brief
article re why NWC has to be re-activated.
b. Core Gas Aggregation Service Contract MOTION: Maria moved the Board approve the
contract from Core Gas Aggregation Service pending its satisfactory review by Counsel;
Katherine seconded the motion, which passed unanimously. President Murphy will sign the
contract once we have Counsels approval.
i. Jennifer is investigating a similar arrangement with other companies for
commercial telephone lines, which she heard about at the recent ECHO
conference. She hopes to have information available for the September meeting.
c. Ratify Fire Sprinkler Gauge replacements MOTION: Maria moved the Board retroactively
approve the $1,500 President Murphy authorized on an emergent basis to Cintas for
replacement of 30 valves during the recent 5-year fire inspection last month; Katherine
VIII:
Next Board Meeting will be held in the Rec on Wednesday, 25 September at 1900.
IX:
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FINAL
MINUTES
29 July 2013

No homeowners other than Board & Committee
members attended tonights meeting.
Present from EBMC:

Sal Ponce, Maintenance Mgr.

- A quorum being present, President Elaine Murphy called the meeting to order at 1910. Katherine and
Tony arrived a few minutes later.
Organization of the Board
- Gabriella moved all Board members retain their current positions; Tony seconded the motion,
Gabriella moved the June Minutes be approved as submitted; Maria seconded the motion, which
passed unanimously.
III. Guests at Tonights Meeting
a. Representative Joseph Garcia from Commercial Energy of California attended to explain the
benefits his company can offer with regard to gas and electricity costs. Commercial Energy is a
third party energy supplier. His company can offer product at less cost than if it were purchased
through PG&E. Product is delivered through PG&E equipment, and fees are paid to PG&E for
transportation costs. He has worked with Crown Colony for e years, and Elaine will confer with their
Board president to get his opinion of costs and benefits. Jennifer of EBMC recommended the Board
have VSHOA counsel review the contract offered by Commercial Energy. MOTION: Tony moved
the Board have Berding & Weil review the contract provided by Commercial Energy, at a cost not to
exceed $350, and the Board will vote on the contract at the next Board meeting; Maria seconded
the motion, which passed unanimously.
b. Carl Noack from Noack Pools attended the meeting to discuss problem of continuing leak in spa. In
the course of his investigation into the leak, he has noted irregularities in the pipes in the spa,
including concrete plugs in them. Also, the drains in the spa that Hills installed per the Federal
mandate and which were signed off on by the San Mateo County Health Department inspector after
their installation, seem not to have been replaced following the resurfacing of the spa a couple of
years ago. The current drains are irregularly shaped and believed to be contributing to the problem,
including inability to perform an adequate pressure check in the spa. He recommended installation
of an auto fill float to maintain water level in the spa. Jennifer will call Ken at the San Mateo County
Health Department to discuss the issue, to see if they have copies of permits which were not
forwarded to EBMC, etc. Carl will write a proposal for the installation of the float device and get it to
EBMC.
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07/29/2013
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a. Architectural Control - Chair Rob Wood has noted a lot of items being stored in garages.
EBMC will have Sal put notices up that items stored in garages will be removed; they must be
placed in storage rooms with proper labeling on each item.
o Flooring request in 332/108 Chair had reviewed the technical data provided by
homeowner to EBMC. Tony moved the Board retroactively approve the permission given
by EBMC earlier this week to the homeowner to install the flooring per the specs
provided; Gabriella seconded the motion, which passed unanimously.
b. Pool & Spa see above.
c. Parking Meeting is scheduled between Maria and Elaine in early August.
d. Landscaping MOTION: Maria moved the Board accept proposal #14345 dated 07/15/13, in
the amount of $772 to remove the dead juniper tree between the pool building and 331; Tony
o Owner in 353 reported there are no functioning sprinklers around her building, nor are
there functioning sprinklers behind the lower townhouses and in back of 302.
o Gophers are back. Sal will replenish gopher control product and apply it.
o Tony suggested concrete bricks be installed around the traffic island out front, also from
the visitor garage out to Junipero Serra, to meet up with the retaining wall installed by
City of Colma.
o Jennifer of EBMC will schedule a sprinkler walk through with Gachina on 08/19/13, with
the priority to get all the sprinklers repaired or replaced and all functioning.
IV. Management Issues Jennifer reported Alert Pest Control is unwilling to pay the $85 registration fee to
be included on EBMCs list of approved vendors. Board noted Alert has worked for VSHOA longer
than EBMC and requested a waiver of this requirement. Jennifer will consult with her supervisor,
Mary. If Mary is not agreeable, Elaine asked to have Mary call her.
V. Homeowner Forum
Owner in 302/109 reported a clump of 3 of the sword-leaved plants have been lying on the
ground in front of her unit for more than 3 weeks. Also reported grass and weeds growing
between the concrete slab and the curb, and a dandelion plant growing between cracks in
concrete paving in front of pool entry. She also e-mailed photos to Jennifer. EBMC will report to
Gachina.
Owner in 302 reported large dog barks all night long but does not know unit number. EBMC
has received similar complaint, knows where the dog resides, and will write a complaint letter to
the unit owner.
Hall on first floor of 302, outside the garbage chute is filthy, with oil and dog urine spots on the
carpeting. EBMC will have carpet cleaned.
VI. Collections
a. Lien/Collection action approval: Tony moved the Board accept the Resolution to Continue
Collection Action from ASAP (APN 100-480-540), pre applied amount $9,255.78 and post
applied amount of $2,141.10; that the Board sign Option 1, to retain a bankruptcy attorney.
Gabriella seconded the motion, which passed unanimously.
o Gabriella moved the Board send account sf653107 ($1,974.81) to collection; Tony
seconded the motion, which passed unanimously. President Murphy signed the document
from ASAP Collection.
o Gabriella moved the Board send account sf642304 ($1,392.25) to collection; Tony
seconded the motion, which passed unanimously. President Murphy signed the
document from ASAP Collection.
VI.
Action Item List

a. 314 Floors Pending.
b. Building roof inspection Bid from ABB received by EBMC. Pending.
c. Erosion control/tree replacement Sprinklers have to be working before planting can be
VSHOA Minutes
07/29/2013
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done. Pending.
d. Governing documents Committee has made recommendations and sent to EBMC.
Pending.
e. Concrete patch outside Rec Room Pending receipt of additional bids.
f. 303/103, 203, 303 water leak Still pending subrogation (on AI list since 04/16/12).
g. Upper townhouse exhaust fan Pending.
h. 353/104 Moisture Owner continues to make payments as agreed. AI will be closed but
EBMC will continue to monitor. REMOVE.
i. Asphalt Seal Coat EBMC received additional bids and prepared spreadsheet for Boards
review. MOTION: Gabriella moved the Board accept the proposal dated 07/26/13 from
Pacific Surfacing in the amount of $13,750; Tony seconded the Motion, which passed
unanimously. President Murphy signed the proposal at tonights meeting. Pending.
j. Street and Garage Lighting Pending.
k. Clubhouse Cleanout Pending.
l. 353/101 leak EBMC received notice of default and bank is foreclosing. Message left for
insurance company to discuss further. Pending.
m. Cell towers Pending.
n. Reconditioning of pool table - Pending.
o. Roof Maintenance Bids Pending.
p. Dryer vent/chimney cleaning bids Pending. Will do in Fall
q. Gate Remote Database cleanup Pending.
r. Obtain Bids for Security System Pending.
s. Soil erosion 349 sidewalk Bid #13788 from Gachina reviewed. Tony recommends the
rocks to be placed be cemented. MOTION: Tony moved the Board accept the bid from
Gachina to repair the soil erosion conditions, not to exceed $950 (bid was $806, but the
rocks have to be cemented, thus the extra cost); Maria seconded the motion, which passed
unanimously.
t. Soil erosion 349 garages See item S above as this is included in Gahannas bid.
u. Daly City FD False alarm Pending.
v. Toilet wax ring group discount rate pending.
w. Review Arborwell invoices EBMC has reviewed with Arborwell and will report to the
Board. Pending.
x. Submit cost comparisons to Board for larger garbage bins vs. extra pick up days
Pending.
y. Glass Graffiti Pending.
z. Screens vs. crows Bird Busters to meet with Jennifer. Pending.
aa. Building painting - Obtain project manager bids.
bb. Building Trim inspection pending.
cc. 349 Building Damage reported on 06/24/13. EBMC will report at August meeting.
VII.
VIII:
New Business
a. Fire alarm at 320 Philip replacement part is on order.
b. Ground drain by 331 Landmark plumber is obtaining estimate for EBMC.
c. Painting stolen from lobby of 332 Board was unaware there was a painting in the lobby,
where it was placed by a resident artist who has died. Board recommended heirs make a
police report.
d. 303/205 353/102 plumbing proposal - EBMC sending complete Architectural Modification
Request Form and copies of permit documentation to Committee Chair. Approval pending.
e. 332/304 ceiling this is an old stain from an old leak, documentation not contained in Echo
Conference attendance Rob Wood and Elaine Murphy want to attend. Tony may decide
to go. Maria plans to attend. Only costs covered by the Board to attend the ECHO
Conference is the cost of registration.
f.
Next Board Meeting will be held in the Rec on Monday, 26 August at 1900.
VSHOA Minutes
07/29/2013
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IX:
VSHOA Minutes
07/29/2013
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Page
FINAL
MINUTES
24 June 2013

No homeowners other than Board & Committee
members attended tonights meeting
Present from EBMC:


1) A quorum being present, President Elaine Murphy called the meeting to order at 1905.
2) Ballot Count: 53 ballots have been received. Of those 4 were unsigned, w had no ballot envelope,
and 1 was improperly marked; therefore only 46 valid ballots were counted.
Results:
IRS Tax Resolution: 44 Yes, 2 No - Passed.
Earthquake Insurance:13 Yes, 32 No, 1 Abstain Failed.
As there were no additional candidates for any of the 5 Board positions, the current Board of Directors
were re-elected by Acclamation.
II. Approval of March Board Meeting Minutes
Tony moved the April minutes be approved as submitted; Gabriella seconded the motion, which passed
unanimously.
III. Committee Reports
a. Treasurers Report - Grant Shetron, VP of Customer Relations at Banco Popular attended
tonights meeting.
o He explained the CD-ers program previously offered is no longer available as interest
is too low. The bank now offers an Insured Cash Sweeps (ICS) Network. Currently, the
first $250K of deposits (amount insured by FDIC) receives 0.85% interest. All funds in
excess of $250K are swept daily into an account bearing 0.5% interest.
o b. Our Special Assessment loan balance is approximately $245,000. In order to
reamortize, the Association will have to make an additional payment of approximately
$110,000 to reduce the balance sufficiently to achieve a payment of $2,000 per month.
Elaine and Tony will review data and, per the Boards authorization in the past, will
make a decision whether or not to pursue the additional amortization.
o Tony questioned whether the buildings actually needed painting or if painting was
being done only on the basis of the reserve study. He and Elaine will discuss the
painting. At the moment the HOA needs approximately one-third of its assets liquid.
Elaine and Tony will also review the Reserve study. See Action Item list.
b. Pool & Spa Elaine reported she did a comparison study of the number of toilets in Village
Serramonte in comparison to that number in Crown Colony and reported that VSHOA used
approximately 10 percent more per toilet than does Crown Colony. EBMC will ask Carl Noack
where we stand on fixing the leak in the spa.
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c. Neighborhood Watch Resident of 302 reported frequent presence of a male lurking around
building 302 at odd hours and asking to be let in because my girlfriend lives here. That
resident was able to get from the man information of the unit in which his girlfriend resides, and
EBMC will write the owners of that unit reminding them that anyone who is resident in the
building needs to have a key for lawful access. Lys and Elaine will talk about recalling members
of the Neighborhood Watch for a higher visibility to visitors on the property.
d. Architectural Control - Chair Rob Wood reported &/or suggested the following:
o Sal fixed the window trim in 331 but did not have time to do more throughout the
property. Jennifer of EBMC has discussed with Abel about his doing an inspection,
making a list and sending it to her (this will be a new Action Item entitled Building Trim
Inspection).
o Trim damage is probably due to the need to repaint. Rob suggested all painting bids
include specifically securing the trim.
o Board and Architectural control Committee should do a regularly scheduled walkthrough at least every six months to spot items before they become problematic.
o EBMC will be getting bids for painting. Rob suggested getting a Scope of Work from
each painter. Jennifer suggested bringing in an architectural engineer or project
manager such as Jeff England (oversaw repair of pool building roof recently). Chris
Siegler will be asked to submit a proposal to be Project manager. EBMC will seek
same from one more vendor. There will be a new Action Item entitled Building Painting
obtain project manager bids).
o Crows are tearing the screens on building roofs Rob noted this is a problem
throughout the country. EBMC will call our pest control company for suggestions.
o Rob reported that items are still affixed to the building siding as he noted in an earlier
report. Jennifer assured him that a letter has been sent to the unit with the sword and a
letter to the second unit with the wet suit will be receiving a letter shortly.
e. Parking - Deeded parking spaces are still being investigated.
f. Landscape Tony will be meeting with Gachina to discuss proposals received in the Board
packet for tonights meeting. Action on these bids is suspended until after he and Gachina meet
and walk through the areas in question.
IV. Homeowner Forum
Owner in 353 reports the locking pin on the front door to the lobby is broken, resulting in the
building being not secure.
Owner in 353 reports elevator problem. EBMC will have elevator company inspect.
Owner in 353 reports a tube with wires hanging out of it down to the ground is at the lower left
of the front building faade maintenance will inspect.
V. Collections
a. Lien/Collection action approval: None needed at tonights meeting.
VI.
Action Item List

b. Building roof inspection Awaiting bids from forensic engineer. Pending.
c. Erosion control/tree replacement Pending.
d. Governing documents PDF packet received by EBMC from Berding & weil. Governing
Documents Committee (Elaine Murphy, Rob Wood & Lys Wren) will review, make
comments and suggestions and return to EBMC.
h. 353/104 Moisture Owner continues to make payments as agreed. Pending.
i. Asphalt Seal Coat Pending receipt of revised bids.
j. Street and Garage Lighting Board decided to include this project in the scope of work
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that will be required for Project Manager bids. Pending.

Clubhouse Cleanout Pending.
353/101 leak Pending.
Cell towers Pending.
Reconditioning of pool table. Pending.
Roof Maintenance Bids Pending.
Dryer vent/chimney cleaning bids pending. Will do in Fall
Gate Remote Database cleanup Pending.
s. Soil erosion 349 sidewalk Pending.
t. Soil erosion 349 garage Pending.
u. Daly City FD False alarm Pending.
w. Review Arborwell invoices Pending.
x. Submit cost comparisons to Board for larger garbage bins vs. extra pick up days
Pending.
y. Glass Graffiti Pending.
NEW ACTION ITEM Building Painting Obtain project manager bids.
NEW ACTION ITEM Building Trim Inspection
k.
l.
m.
n.
o.
p.
q.
VII.
VIII:
New Business
a. Schedule annual walk thru this will be scheduled when property is once again fully
staffed.
b. Sewer tax see Pool Committee for study Elaine did. Owners will have additional sewer
tax added to their property tax bills.
c. Quorum Penalties suggestion made to fine members who do not vote. Fines would help
defray the cost of scheduling additional homeowner meetings when quorum is not
obtained. Even though this works in achieving quorums regularly for another condo
association, we have been informed it is not allowed under the Davis-Stirling Act.
d. 303/205 Board reviewed proposal C-1021 in the amount of $1,000 from Landmark to
repair bid for water damage. Gabriella moved the Board accept this proposal, Tony
seconded the motion, which passed unanimously. President Elaine Murphy signed the
e. 331/207 bid for approval for water damage repair. Damage caused by unit 307. Gabriella
moved the board accept Landmarks proposal #C-1019 in the amount of $1,100, Tony
seconded the motion, which passed unanimously. Cost to be charged back to 307; owner
is deceased and unit still sealed by police. President Elaine Murphy signed the proposal at
tonights meeting.
f. 332/304 ceiling this is an old stain from an old leak, documentation not contained in
tonights Board package. Question arose as to whether or not the dry wall actually needs
repair or just painting of the stain. EBMC will investigate.
g. 335 Front door damage from sprinkler EBMC will inspect to verify that the door is really
warped. If confirmed, the HOA will replace unit door. Board authorized EBMC to do the
repair (subject to inspection and confirmation) in an amount not to exceed $1,000.
h. Echo Conference attendance Rob Wood and Elaine Murphy want to attend. Tony may
decide to go. Maria plans to attend. Only costs covered by the Board to attend the ECHO
Conference is the cost of registration.
i. Exercise Equipment Maintenance Contract Approval Since the gym will be relocated to
the clubhouse once it is ready, the Board wants to have Club Care provide the cost for the
removal and relocation of the gym equipment. Tony moved the Board accept the bid from
Club Care dated 03/26/13 in the amount of $195 for a semi-annual visit, one visit every six
months. President Elaine Murphy signed the proposal from Club Care in the amount of
$195 for the first visit.
Next Board Meeting will be held in the Rec on Monday, 22 July at 1900.
IX:
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MINUTES
20 May 2013

No homeowners attended tonights meeting
Present from EBMC:


1) A quorum being present, President Elaine Murphy called the meeting to order at 1905.
2) Ballot Count: There is still no quorum as not enough ballots have been returned. The count has
been postponed until the June Board meeting.
Tony moved the March minutes be approved as submitted; Katherine seconded the motion, which
passed unanimously.
III. Homeowner Forum
Board member who lives in 353 reported lobby doors frequently are being propped open.
a. Treasurers Report A) Tony will email the CD options for monies in the Reserve Fund to Elaine.
She and Tony are the CD Committee members. They will email their decision about where the
funds should be placed to EBMC, which will transfer the funds per Elaine and Tonys instructions
B. Although the special assessment loan was re-amortized several months ago, it has been noted
that frequently the HOA is out-of-pocket for a short period of time between the time the loan
payment is due and when funds are received from homeowners participating in that loan. The
Board asked that EBMC seek re-amortization once again in an effort to lower the monthly
payment so the HOA does not have to advance funds. Elaine Murphy signed the form
requesting this be done.
C. Jennifer of EBMC reports she has noted inconsistencies with the phone lines over a two-year
audit recently conducted. She will try to renegotiate with AT&T.
D. Consolidated Energy is offering a 10% savings on electricity costs per year, which would result
in approximate savings of $6,000 for the HOA. Consolidated uses PG&E lines to deliver the
power and bills are generated through PG&E. Representatives from Consolidated will be
invited to address the Board at an upcoming meeting.
E. Jennifer is seeking competitive beds on the elevator service contract.
F. Tony noted recently increased plumbing and damage costs when comparing actual to budget.
Jennifer indicated some of these are from prior years. Approximately $12,000 has been
received this year on the prior years costs.
b. Pool & Spa Carl Noack believes he has found the leak in the spa and is working on a bid to be
submitted to EBMC.
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c.
Nightwatch Committee Elaine reported there has been a male lurking in the front and in the
garage of building 302. Kathryn reported that when she asked him once where he was
going, he
replied to my girlfriends on the second floor. It is obvious he does not
have a key. There were
recent car break-ins in other buildings, and she suggested
reinstituting the Night Watch
Committee rounds.
d. Architectural Control Committee Chair Rob Wood reiterated that homeowners cannot make
changes to any of the structural components when doing remodeling in their units. He
asked to
have residents notify him if they see or hear construction going on.
c. Parking Committee EBMC noted the problems with deeded parking in 302 for some TH
owners. The Board agreed to have EBMC ask Berding & Weil to get copies of lower TH deeds at
a cost of $9 each. The Parking Committee needs to define commercial vehicle. After the
deed
review is complete, the Parking Committee will set up a meeting to determine the
problems and
suggest solutions. The Board extended the exception on parking rules for
the townhouses for
another month.
d. Landscape Committee Chair Tony Silva reported the issue of irrigation of the slopes behind
303 and 349 still needs to be addressed. Sprinklers are currently turned off to avoid soil erosion
re no plantings on the slopes. Board noted that rains will bring significant soil erosion if there are
no plantings. Tony will do a walk through with Maximo and Joe Garcia of Gachina, is currently
preparing a bid so they will be ready when they do the walk through with Tony. Previous discussion
between Tony and Gachina raised the possibility of installing retaining walls. B) Tony asked
Jennifer to inquire why the tree in back of 353 was removed at the time of the emergency
eucalyptus tree removal (it had fallen on the tennis court and also broken the court enclosure
during recent severe wind storm) since it had not been mentioned on the original work order
which was billed. EBMC will investigate who authorized the additional tree removal.
V.
VI.
Collections
Lien/Collection action approval Board reviewed documents for account T0028509. Gabriella
moved the account be assigned for filing of lien on property; Tony seconded the motion, which
passed unanimously. President Elaine Murphy signed the document authorizing ASAP
Collection services to file the lien.
Committee report ASAP Account 09-06483: No counter offer has been received to date by
the HOA.
Action Item List
b. Building roof inspection CertainTeed inspected & feels problem is one of maintenance.
EBMC will get quote to have forensic engineer inspect the roof for a third party opinion.
Pending.
d. Governing documents Pending.
h. 353/104 Moisture Owner continues to make payments as agreed. Pending.
i. Asphalt Seal Coat Awaiting additional bids. Gabriella suggested asking vendor (when
chosen) to survey parking area in front of 353 for possibility of adding an additional parallel
parking space or two. Board also wants repainting of curbs as a separate item on all bids.
Pending.
j. Street and Garage Lighting Pending.
k. Clubhouse Cleanout Tony will meet with Sal to measure rooms and move gym
equipment from its current location into the room with the pool table. There are lots of
discarded electronic items in the pool table room at present and these will have to be
gotten rid of.
l. 353/101 leak Pending.
m. Cell towers Pending.
n. Reconditioning of pool table. Pending.
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o. Roof Maintenance Bids Pending. See item (b) above also.

p. Dryer vent/chimney cleaning bids pending. Will move on this as soon as 5-year sprinkler
inspection is completed.
q. Gate Remote Database cleanup EBMC will make changes on the form as suggested by
Board and will send form, along with other data, to homeowners for completion.
s. Soil erosion 349 sidewalk Gachina suggested a temporary fix by placing gravel under
the sidewalk to prevent cracking. They are preparing a bid. Pending.
t. Soil erosion 349 garage Gachina said they can re-direct water flow away from garage.
They are preparing a bid. Pending.
u. Daly City FD False alarm Staff member broke sprinkler in storage room in 302, setting off
an alarm, which homeowner called in to DCFD. Board feels EBMC should pay this charge
since it resulted from their employees carelessness. Jennifer will discuss it with Mary at
EBMC.
VII.
New Business
a. 5-year Fire Sprinkler Inspection Bid Gabriella moved the Board accept the bid from CintAs
dated 05/07/13 in the amount of $8,870 to do the state-mandated 5-year testing of wet sprinkler
and standpipe systems, including in-unit inspection; Tony seconded the motion, which passed
unanimously. Elaine initialed the bid in the appropriate places.
b. Graffiti Sal reviewed the security cameras and noted shadowy figure near one of the
windows in the pool building and on a front lobby panel in 331. Both pieces of glass have deep
markings in them. EBMC will get bid to replace glass panels.
c. Reserve Study Presentation EBMC raised the question of having a presentation made to the
board about Reserves. Elaine suggested sending some of the newer Board members to an
upcoming ECHO conference to take classes about Reserves. EBMC also knows of webinars
discussing Reserves. Jennifer will gather information for the Board.
d. 5-Year Elevator inspection Gabriella moved the Board accept the bid from Empire Elevator
dated 04/25/13 in the amount of $2,650 to perform the state-mandated 5-year inspection of all
elevators; Tony seconded the bid, which passed unanimously.
e. Garbage Service Review EBMC will review the data regarding the additional pickups in the
condos vs. having larger containers and will get back to the Board.
f. Moisture Meter The Board authorized EBMC to purchase a Tramex Encounter Plus, Non
Destructive Moisture Meter ($349) for Sals use.
g. Fitness Center equipment maintenance contract EBMC will obtain one more bid in addition to
the one received on 03/26/13 from Club Care. Pending.
h. Guest Motorcycle Parking Rule, approval of 30-day review Pending restriping of parking
spaces and further discussion by the Parking Committee. Pending.
VIII:
Next Board Meeting will be held in the Rec on Monday, 24 June 2013, at 1900.
IX:
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MINUTES
22 April 2013

There were 0 - 6 homeowners present at various
times during the meeting.
Present from EBMC:


Tony moved the March minutes be approved with 3 minor corrections; Katherine seconded the motion,
Owner in 353 reported two problems: a) the lobby door to the garage does not close properly.
Sal Ponce reported he repaired the problem today; b) trash receptacle in lobby is frequently
filled with leftover food rather than for paper mail as is intended, and she would like to have a
sign stating this posted in the lobby.
Homeowner concerned re theft of chairs from pool building and reports of a private pool party
being held. EBMC confirms video is available of the events in question and the person(s) have
been identified and contacted.
Owner of 310 was at tonights meeting to complain once again that a tree drops leaves and
causes his gutters to clog, the tree is too close to the building and makes shade, causing
mold and preventing soil from drying out. Tony, Chair of Landscape Committee, stated he met
with three different tree companies and all three informed him that removal of trees will not stop
mold formation in this climate. The Board reiterated its position to the owner that no tree will be
cut down unless it is diseased and/or causes a potential hazard.
a. Treasurers Report Another re-amortization of the Banco Popular loan discussed. Tony will
investigate possibility of doing this. Purchasing of CDs Discussion about investing some of our
Reserve funds in CDs. Tony with put together information for discussion at the next Board meeting.
b. Pool & Spa Committee Chair will mark four plastic chairs (from those in Rec Room) with
Sharpie to identify them as being property of VSHOA.
c. Parking Committee Maria Vistro, chair, was not at tonights meeting. Jennifer of EBMC
reported many gray areas exist in our documents regarding towing, the exact times that constitute
overnight parking, difficulty of enforcing the 96 hour limit on parking, etc. The Board extended
the exception on parking rules for the townhouses for another month.
V.
Adjourn - Meeting was adjourned at 2037.
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VI.
Next Meeting
a. The Annual Meeting will be reconvened at the time of the next business meeting on Monday,
20 May 2013 at in the Rec Room.
b. The regular Board Business Meeting will convene immediately following adjournment of the
Annual Meeting.
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MINUTES
25 March 2013

Gabriella Makstman, Vice President, Excused
There were 10 homeowners present at various
times during the meeting.
Present from EBMC:


II. Approval of February Board Meeting Minutes
Tony moved the February minutes be approved with 2 minor corrections; Katherine seconded the
Owner of 302/205 wanted to know how determination of damage to 302/105 in December 2012
came from his unit was made. Damage in 105 was to laundry area in kitchen and to master bath
ceiling. Owner of 205 stated his contractor told him the floor tile in the laundry area of his kitchen in
205 was old and appeared damaged. The tile was removed, and the floor underneath was also
damaged. Jennifer from EBMC stated she would gather up all reports, correspondence, emails, etc
and send it to him so that he can file a claim with his insurance company.
o Several owners of lower townhouses appeared to discuss the parking issue vis--vis the
fire lane clearance requirements and to complain that weve been parking like this for 30
years and we cant just change it. One owner called the Daly City Fire Marshall and was
told the Safety Inspector would inspect our property in the near future. The owner gave
the Safety Inspector EBMCs contact information. Owner of 312 stated that lower
townhouse owners should get reserved parking. Board said this was not possible. Owner
of 312 indicated his deed contains a statement there is a deeded parking space in front of
his garage. The Board has asked him and any other lower townhouse owners to have
similar wording in their deed - to submit a copy of the document to EBMC as soon as
possible.
o Owner of 310 says the asphalt in front of his unit is uneven, that he complained about it in
2011 and received no response.
o Owner of 310 wants the trees blocking his balconies to be trimmed or cut.
o Owner of 310 says gutters were installed incorrectly on the townhouses and also were
engineered improperly.
Jennifer has added the 3 items above to the Action Item list. She will provide copies of
DCFD inspection report when it becomes available.
o After a very lengthy discussion, the Board has postponed implementation of the new
parking regulations for the lower townhouse area for 30 days from this date.
o Maria will call the Fire Marshall to request the property be inspected for correct clearances
as soon as possible.
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o
o
Lydia Macias volunteered to serve on the Parking Committee.

Some owners suggested more parking spaces be added. Board noted homeowners had
voted that option down last year. Perhaps Parking Committee members would be willing to
talk with individual homeowners about adding additional parking spaces, including the cost
(which would be a special assessment as it for property improvement). Once this
information became available, a vote could be put to the homeowners on adding additional
parking spaces.
A space has been created and identified in the Visitor Garage that is to be used exclusively
for motorcycle parking.
IV. Guest at Meeting Carl Noack, owner of our pool maintenance company, explained the new San
Mateo County mandates for increased chlorination of pool water and the State of California-mandated
signage. The possibility of switching to a table salt chlorinator had been raised, and Carl indicated we
have copper piping throughout the pool and spa water circulation system. Using table salt requires an
electrolytic current, and such a current running through the copper piping would cause corrosion. Cost
to remove copper piping and install PVC piping would be prohibitive (~$40,000 or more), so we cannot
switch to a salt chlorinator system. Carl will give the mandated signs to Sal. Carl and Sal will decide
where signage should be placed and will do the installation.
V. Committee Reports
a. Treasurers Report Tony sent Jennifer an email earlier today seeking clarification on some items
in the audit. Maria moved that Tony and Gabriella serve as the Audit Committee and have the
authorization to approve the Audit; Katherine seconded the motion, which passed unanimously.
Jennifer noted the deadline for items to be included with the Audit when it is mailed to homeowners
is 12 April 2013.
Purchasing of CDs The HOA must put extra funds in the Reserve account into CDs. Maria
moved Tony and Elaine serve as the Reserve Fund Certificate(s) of Deposit Committee and be
authorized to decide institution, type of CD, and how much should be allocated to each CD;
Katherine seconded the motion, which passed unanimously. Tony will take Minutes from the
Committee meeting(s).
b. Pool & Spa see Item IV above.
c. Landscape Tony met with Valley Crest today and did a walk through with them. Other than
including tree care in the contract, it doesnt add anything to our current program with
Gachina
and is more expensive. Tony will meet with Gachina in the next 30 days
and ask if they can
incorporate into our current contract some of the items Valley
Crest suggested in their proposal.
d. Management & Maintenance Update - A notice will be posted in all buildings re the recent car
break-ins in 332, 349, and 331. All residents will be asked to report suspicious activity, to not prop
doors open, and to not allow cars to follow them in through the gate.
VI. Collections
a. Lien/Collection Action Approval None.
b. Committee Report No report.
VII.
Action Item List a. 314 Floors Pending.

b. Building roof inspection EBMC met with Rain Defense. They have reviewed al reports
and will give EBMC a second opinion. Pending.
d. Governing documents Pending.
e. Concrete patch outside Rec Room Pending.
h. 353/104 Because the owner lives abroad and there was some confusion whether he
could pay on-line. EBMC email him a statement indicating balance due. Tony moved that
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IX.
X.
XI.
the Board accept the owners offer to pay $200 per month for 6 months and then $500 per
month after six months until the amount owed is paid in full; Maria seconded the motion,
which passed unanimously. Pending.
Asphalt Seal Coat Black Diamond was on property today, bids must be received at
EBMC by 15 April. Pending.
Street and Garage Lighting Sal believes light poles are okay for the most part. If needed,
poles can be scraped, primed and painted and should last for another 10-15 years.
Estimated cost to change 30 lights and ballasts is about $8,500. EBMC will obtain bids for
preparation and painting of light poles. Pending.
Landscaping Bid Review Tony will meet with Gachina. Need to determine if there is water
available on the back slope. Pending.
Cell towers Tony contacted AT&T. The need latitude & longitude before they can
determine if they are interested in placing a tower at Village Serramonte. Pending.
Parking Leases EBMC has received one completed lease.
Roof Maintenance Bids Pending. See item (b) above also.
Obtain Bids for Security System Tyco (ADT Division) has visited the property and is
working on a bid. Bay Cities will visit the property soon and submit a bid.
Soil erosion 349 sidewalk Bid received from ESR, EBMC has also requested bid from
ACE.
Soil erosion 349 garage - Bid received from ESR, EBMC has also requested bid from
ACE.
Daly City Fire Dept false alarm Pending.
NEW AI: find vendor who will give discount for installation of toilet wax rings and
who will schedule appointments directly with homeowners.
New Business
a. Door Closers Maria moved the Board accept quote 030029 dated 02/19/13 from Warman
Security in the amount of $613.54 to replace the door closer on the front door of building 302;
Katherine approved the motion, which passed unanimously.
b. Pool Roof Architectural Control Chair report flashing below each of the skylights on the pool
building roof shows white splotches. EBMC has called Roof Works, and they will be here in a
couple of days to investigate and repair as needed.
c. 349/107 roof leak started over the weekend but was not reported to EBMC until today.
Investigation under way.
d. Charges for Building keys, gate remotes, and key cards Board reviewed actual cost to the
Association of these items. Tony moved the cost for the building and pedestrian gate keys be
reduced to $20 each; the cost for the key card be reduced to $25, and cost of gate remotes be
reduced to $50; Maria seconded the motion, which passed unanimously.
Adjourn
Meeting was adjourned at 2150.
Next Meeting
a. The Annual Meeting will be held Monday, 22 April 2013 at 1900 in the Rec Room.
b. A Board Business Meeting will convene immediately following adjournment of the Annual
Meeting.
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FINAL
MINUTES
25 February 2013

None
There were no homeowners other than the Board
members were present at the meeting
Present from EBMC:

I.
Verify Quorum/Call to Order

A quorum being present, President Murphy called the meeting to order at 1920.
II. Guests
Toby Brink, Energy Specialist, and Aaron Brown, Regional Vice President of Progressive Energy
and Lighting Solutions attended the meeting to inform the Board of their observations during a walkthrough of the property and suggestions on work required to improve/replace street and garage
lighting. They reported all lighting poles (56) need replacing, as do their fixtures. Many of the current
fixtures are low wattage but have low life expectancy. Brink and Brown recommended they do an
initial project assessment and subsequently provide a detailed engineering analysis describing scope
of project and energy savings. They noted that rebates are lower now, but PG&E has several
programs offering financing help. The Board asked approximately how long it would take to realize
savings from replacement and initial cash outlay. Brink and Brown suggested the Association hire
Progressive Energy Lighting Solutions to do the initial project assessment (16 hours, approximate
cost $1,750), and they would also give opinions on the garage lighting and fixtures. The Board
thanked them for their time and will get back to them with a decision after due discussion.
III. Nomination of New Board Member to Fill Board Vacancy
President Elaine Murphy nominated Katharine Shyu-Abad to fill the vacancy on the Board. Gabriella
moved the Board approve the nomination. Katharine was elected unanimously and will be the
Member-at-Large.
IV. Approval of January Board Meeting Minutes
a. Gabriella moved the Minutes of the 28 January 2013 Board meeting be approved as submitted;
Maria seconded the motion, which passed unanimously.
b. Gabriella moved the minutes of the Special Budget meeting held on 10/08/12 be approved as
submitted; Maria seconded the motion, which passed unanimously.
V. Homeowner Forum
Owner of 302/105 reported Landmark is scheduled to begin work in her unit shortly. Also, the
hallway repairs outside her unit will be done in early March.
Owner reported ants and wanted to know if the pest control people had made the extra visit to
spray exterior of 302 for ants.
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VI. Committee Reports

a. Treasurers Report Board was pleased to see that the homeowners participating in the
reconstruction loan are saving money now that the loan has been re-amortized with
Banco Popular.
i. EBMC still investigating opening CDs and additional accounts to meet FDIC
limits.
ii. In the absence of the Treasurer from tonights meeting, Gabriella moved
President Elaine Murphy sign the 2012 tax return; Maria seconded the motion,
which passed unanimously. Elaine signed the documents at the meeting.
iii. Gabriella moved that Tony review both the CPS Audit and taxes when he
returns; Maria seconded the motion, which passed unanimously.
b. Pool & Spa Committee Pool and spa water temps and clarity are excellent. Spa water
level is low on Mondays, although the water level is not as low as it has been. EBMC
reported the pool maintenance company continues to perform testing and has plugged
multiple small leaks.
c. Neighborhood Watch Committee No report.
d. Architectural Control Committee Chair Rob Wood provided clarification for a contractor
who was hired by an owner to install tile. He made recommendations and EBMC mailed
a letter to the homeowner with those recommendations.
e. Parking Committee Committee Chair Maria Vistro called Blue Water for feedback on
their experience with homeowners actually applying parking stickers/permits to their
vehicles. The report was majority of owners are noncompliant. Blue Water will tow
vehicles parked in red zones only for time being.
i. DC Fire Dept provided pages and pages of technical data for street width,
distance between cars parked on both sides of street, etc. for emergency vehicle
clearance. The Board expressed concern that having the Fire Department come
out and measure would lead to the DCFD making mandatory decisions.
Discussion will be postponed until the March meeting. In the meantime,
townhouse owners are granted an additional 30 days to find other choices for
parking their cars.
ii. Recommend making the parking space on the right as one drives into the Visitor
Garage into 5 6 parking spaces for motorcycles. Will have lines drawn in that
space with the asphalt seal is done in the spring. Those spaces are the only
parking spaces where motorcycles can park once the community is notified and
after the lines are drawn.
f. Landscaping Committee No report
g. Grievance Committee No report.
h. Management and Maintenance Updates
i. A truck attempting to enter the garage in 349 was too tall and dented the gutter.
ii. Key card and building key costs EBMC will send a list of costs per item to the
Board. Fees for these items will be discussed at the March meeting.
iii. Daly City Fire Dept fee for false fire alarm this will be on the March agenda for
in depth discussion. Because the HOA was going to accrue additional interest
charges, EBMC went ahead and paid the bill so no additional interest would be
charged.
VII.
Collections:
a. Lien/Collection action approval (as needed) None.
b. Special Collections Committee No report.
VIII.
Action Item List a. 314 Floors Pending.

b. Building roof inspection EBMC is not satisfied with the response they received and will
have another installer inspect for correct installation of windows. Pending.
c. Erosion control/tree replacement EBMC received a bid earlier today from ESR. More
erosion has been noted in the concrete walkway at 349 and also erosion under an area in
the back of 349. These latter issues will be new Action Items. Pending.
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v.
Governing documents Pending.

Concrete patch outside Rec Room Pending bid from ESR.
303/103, 203, 303 water leak Still pending subrogation (on AI list since 04/16/12).
Upper townhouse exhaust fan Pending.
353/104 EBMC will send owner options for a payment plan. Pending.
Gate Intercom US Post Office has paid. Item will be removed from AI list.
Asphalt Seal Coat Pending until spring, when rains have stopped
Street and Garage Lighting See Guests above. EVMC will get bids from electricians to
replace poles and fixtures. As instructed by the Board, EBMC will ask Progressive
Lighting to hold off for 3 months. Pending.
Landscaping Bid Review Bids sent to Tony Silva to review. Pending.
353/103-303 leak Hearing to be scheduled with Board. Pending.
341 garage door damage work completed. Will be removed from next AI list.
Cell towers Board wants to meet with someone to discuss cell towers being placed on
the property for income purposes. Pending.
Gate Remote database cleanup EBMC will send notice with year-end financial
statements notifying owners they must send to EBMC the registration number on all of
their remotes. Notices will also be posted throughout the property about this and it will be
announced at every board meeting. Any remote not confirmed by re-registration will be
shut off on 07/01/13.
Parking Leases EBMC is mailing these today to owners who rent association-owned
parking places.
Roof Maintenance Bids Pending
Obtain Bids for Security System Tyco (ADT Division) has visited the property and is
working on a bid. Bay Cities will visit the property soon and submit a bid.
NEW AI: Soil erosion beneath concrete walkway outside of 349.
NEW AI: Soil erosion at the back side of the 349 garage.
NEW AI: Daly City Fire Dept false alarms.
IX.
X.
XI.
New Business
a. Paint Disposal 40-45 gallons of paint were removed from storage rooms. Cost for
disposal is $3 per gallon. Board agreed to pay the cost of disposing these items, left
in storerooms by homeowners. It is noted that paint is not something that is not
allowed to be left in storerooms as it represents a fire hazard.
b. Leak Spreadsheet Status Review:
a. Landmark bid in the amount of $1,000 for repairs in 349/203 was reviewed.
Gabriella moved that the Board approve the bid; Maria seconded the motion,
which passed unanimously. Elaine signed the paperwork at the meeting.
Adjourn
Meeting was adjourned at 2150.
Next Meeting
The next regularly scheduled Board meeting is on Monday, 25 March 2013 at 1900 in the Rec
Room.
FINAL
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Rules and Regulations-Operating Rules (Required Civil Code Sec. 4525)


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Annual Budget Report (Required Civil Code Sec.

Articles of Incorporation (Required Civil Code Sec. 4525)

I, EDMUND C. BROWN JR. Seaetary of State of the State of California. hereby

IN WITNESS WHEREOF, I execute

in .*e Ce 5a.L.7 Ce StS.

TilE VILLAGE SERRAMOt4TE HOMEOWIJERS ASSOCIATION

The name of the corporation. hereinafter called the

VILLAGE SERRAIIOUTE HOMEOWnERS ASSOCIATIOH.

The principal office of the Association is located in

PURPOSE ANO POWERS OF THE ASSOCIATION

MonProfit Corporation Law. This Association does not contemplate

In furtherance of said purposes, this Association shall

against the property

affairs of the Association;

for money borrowed

all or any part of

subject to such cond tions as may

to by the flembers. ard

flo such dedication

(f) participate in lergers and consolidations with

annexation shall have the assent by a vote of twothirds

(g) have and to exercise

any and all

and privileges which a corporation organized under the

principal agent or partner, which this corporation nay deem

going purposes or otherwise, or which may be calculated

The foregoing statement of purposes shall be construed as

independent purposes and powers. Notwithstanding any of the above

of purposes shall be construed to authorize this

on any activities for the profit of its tiembers or

as such, except upon dissalution or winding up.

Every person or entity who is a record owner of a fee or

sellers, shall be a Member of the Association. The foregoing is not

be appurtenant to and may not be separated from ownership of any

The Association shall have two classes of voting membership:

Class A Members shall be all Owners, with the

exception of the Declarant, and shall be entitled to one (1)

CLASS B. The Class B Member shall be the Declarant (as

(a) when the total votes outstanding in the

total votes outstanding

the Class B membership; or

(b) on Oecember 31, 1976.

The affairs of this Association shall be managed by a

in good standing. The number of Directors may be changed by amendment

1815 Via El Prado

Redando Beach, California.

15130 Ventura Boulevard

Sherman Oaks. California

15130 Ventura Boulevard

Sherman Oaks. California

15130 Ventura Boulevard

Sherman Oaks. California

15130 Ventura Boul evard

Sherrran Oaks. California

At the first annual meeting of the Association, the OwnerS")

At the expiration of the tern of years for which each representative

for the sane tern of one (1) year each.

The Association may be dissolved with the assent given In

power of the Association. This corporation is one which does not

organized solely for nonprofit purposes. Upon the winding up and

the event that such distribution is refused acceptance, such assets

TIe corporation shall exist perpetually.