View Terrace homeowner^ Association

NOTICE QE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES (CALIFORNlAClVlLCODE SBCTIONS 1363.810,ETSEQ AND 1369.110,ET SEQ.)

California Civil Code Section 1363.810, er seq. applies to adispute between the Association and an Owner involving their rights, duties or liabilities under C a l ~ r n i o Civil Code section 1363.810, under theNouprofit Mutual Benefit ColporationLnw, or underthe governing documents of the Association. Either party to a dispute within the scopeofCivi1 Codesection 1363.810, etseq., may invoke the following procedure: A. B.
"

The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be in writing.
An Owner may refuse a request to meet and confer; however, the Association may not refuse a request to meet and confer,

The Board shall desiguate a member of the Board to meet and confer, The parties shall meet promptly at a mutually convenient time and place, expiaio their positions to each other, and confer in g w d faith in an effort to resolve the dispute;

u.

b.

A resolution of the dispute agreed to by the parties shall be rneillorialized in writing and signed by theparties, including the Boarddesigneeon behalfofthe Association. (Cal. Civ. Code $ 1363.840(b).)

An agreement reached under section 1363.810 referenced above binds the parties and is judicially enhrceable if both of the following conditions ore satisfied: (1) The ageenlent is not in conflict with law or the governing documents of the Associafion; and (2) the.agre@ment either is consistent with the authority granted by the Board to its dwipee or the agreement is ratified by the Board. (Cal. Civ. Code g 1363.840(c).)
11. California Clvil Code section 1 3 6 9 ~ & s e a a -APern(~tiv-111tiun
( A m

California Civil Code section 1369.510, etseq., requires that prior to filing an enforce~uent action, m assodation or an owner shall endeavor to submit their dispute to alternative dispute resolution pursuant to section 1369.510, el seq. The Association oran Owner may not file an enforcement action in the Superior C o w unless the parties have endeavored to submit their dispute to alternativedispute resolution, consistent with California Civil Code Sections 1369.5 10, el seq., and other successor California statules and law.

of chapter 4 of Title 6 of Division 2 of the Civil Code. In addition, an association may not initiate a foreclosure witbout participating in alternative dispute resolution with a neutral third party as set forth in Article 2 (commencing with Section 1369.510) of Chapter 7 of Title 6 of Division 2 of the Civil Code, if so requested by the owner. Binding arbitration shall not be available if the association intends to initiate a judicial foreclosure.
An owner is not liable for charges, interest, and costs of collection, if it is established that the assessment was paid properly on time. (Section 1367.1 of the Civil Code)

MEETINGS AND PAYMENT PLANS An owner of a separate interest that is not a timeshare may request the association to consider a payment plan to satisfy a delinquent assessment. The association must inform owners of the standards for payment plans, if any exist. (Section 1367.1 of the Civil Code) The board of directors must meet with an owner who makes a proper written request for a meeting to discuss a payment plan when the owner has received a notice of a delinquent assessment. These payment plans must conform with the payment plan standards of the association, if they exist. (Section 1367.1 of the Civil Code)"
21. EFFECTIVE DATE OF THIS POLICY. T i policy was duly adopted by resolution of the hs Board of Directors and shall be effective as and from ,2006.

This prelitigation requirement applies to enforcement actions in the Superior Court solely for (1) declaratory reliet (2) injunctive relief; (3) writ relief; and (4) relicf i n conjunction with a claim for ~no~ietary damagesnot in excessoffivethousand dollars($5,000.00). Thisprelitigatioli rquirement does not apply to Small Claims actions and assessment disputes. (Cul.Civ. Code 5 1369.520.j Any party to a dispute may initiate Alternative Dispute Resolution under this section by serving on another party to the dispute n Request for Resolution. Service of the Request for Resolution shall be by personal delivery, fiststclass mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is sewed achlal notice of the Requst. The Request for Resolution must include:
A.

A brief description of the dispute between theparties; A request for alternative dispute resolution; and,

'

A notice that the party receiving the Request for Resolution is nquired to respond within 30 days of receipt of the request, or it will b e deemed rejected. (Cal. Civ. Code S; 1369.530.)

Tlieparty receiving a Request for Resolution has 30 days following receipt to accept or reject alteniative dispute resolution. If not accepted within 30 days ihe Request may be deemed rejected. (Cal. Civ. Code 5 1369.530(c).) If altemative dispute resolution is accepted, it must be completed within 90 days of the date of receipt of the acceptance by the party initiating the Request, unless extended by written stipulation signed by both parties. (Cal. Civ. Code $ 1369.540.) At the time of filing a civil action, the party filing the action shall file with the complaint a certificate stating that alternative dispute resolution has been completed in compliance with California Civil Code section 1369.560. Failure to file a certificate may be grounds for a demurrer or motion to strike unless the Court finds that dismissal ofthe action for failure to comply with this requirement would result in substantial prejudice to one of the patties pursuant to Section430.10 of the California Code of Civil Procedure. (Gal. Civ. Code 5 1369.560.) The cost of the altemative dispute resolution hearing must b e borne equally by h e parties. (CAI. Civ. Code 5 1369.540(c).) Refusal to share costs equally constitutes rejection of altemalive dispute resolution, regardless of prior acceptance. Failure of a Member of the Association to comolv with the alternative disnute resolutiQn

. . reea:c'~ncenl'orcement of the eovernlng losue the a e b me - mr of -o ]n docunien~s the aunlicable law. (Cal. CIV. or Code 5 1369(a).)
For your convenience, a copy ofcivil Codesections 1363.810, elseq., and 1369,510,e t seq. have been included with this notice. Please kwp these documents for your records. Very h'uly yours, View Terrnce Homeowners Association Board of Directors

Policy Number 90-32-4544-4

COVERAGE SUMMARY DEC 23 2008 . . STATE FARM GENERAL INSURANCE COMPANY 900 OLD RIVER RD, BAKERSFIELD CA 9331 1-6000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS

DECLARATIONS PAGE

Named Insured and Mailing Address 12-8190-F426 U VIEW TERRACE HOMEOWNERS-~ ASSOCIATION C/O CHAMPSKHE KELLY GRO 5731 PALMER WAY STE B ,. CARLSBAD CA 92010-7247 4i\i

pj

/j

CONDO1ASSOC POLICY SPECIAL

Inflation Coverage Index: 205.4 renewed automatical. AUTOMATIC RENEWAL - ~fthe POLICY PERIOD is shown i 12 MONTHS, this olic will ' i if s policy 1 terminated, we w & i s syb ect to the remlums, rule? and f rrns m effect.for.each succeedin policy glvd you and t i e ~ottgageehenholdler written not~ce cornpllancew!h the policy provisions or as requ~red law. in by The policy period begins and ends at 12:Ol am standard time at the Policy Period: 12 Months

'K

Effective Date: FEB 13 2009 premises location. Expiration Date: FEB 13 2010 Named Insured: PLANNED UNIT DEVELOPMENT

Location of Covered Premises:

1857 CATHEDRAL GLN ESCONDIDO CA 92029-3030

Coverages & Property Section I A Buildings B Business Personal Property

Limits of Insurance

Section II L Business Liabiiitv M Medical ~aymehts Products-CompletedOperations (PCO) Aggregate General regate (Other Than P%y

I
I

Deductibles Section I
$

1.000 Basic

6,000,000

In case of loss under this policy, the deductible will be applied to each occurrence and wll be deducted from the amount of the loss. Other deductibles may apply - refer to oolicv.

Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY REFER Prepared DEC 23 2008 FP-8010.3C coow 0611992 DICK HESS INSURANCE AGENCY INC Your pollcy consists of this page, any endorsements (858) 277-7222 and the policy form. PLEASE KEEP THESE TOGETHER.

(olR172b)

90-32-4544-4

DEC 23 2008 STATE FARM GENERAL INSURANCE COMPANY 900 OLD RIVER RD. BAKERSFIELD CA 9331 1-6000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS

Named Insured and Mailing Address 12-8190-F426 U VIEW TERRACE HOMEOWNERSt-ASSOCIATION -1 7 3 C/O CHAMPSITHE KELLY @ 5731 PALMER WAY STE B CARLSBAD CA 920 10-7247 2 4 200~

GRot{Lbi 0 Ly
@

Jfilv

The policy period begins and ends at 12:Ol am standard time at the 12 Months FEB 13 2009 premises location. Expiration Date: FEB 13 2010 Named Insured: PLANNED UNIT DEVELOPMENT Policy Period: Effective Date:

Location of Covered Premises:

1857 CATHEDRAL GLN

Coverages & Property Section i A Buildings B Business Personal Property

Limits of Insurance 1

Section ll L Business Liability M Medical Payments Products-Completed Operations (PCO) Aggregate General A regate (Other man

i
$

Deductibles Section I

~ ~ 8 7

3,000,000 5,000 $ 1,000 Basic 6,000,000 6,000,000 In case of loss under this policy, the d~ applied to each occurrence and will be de
amount of the loss. Other deductibles ma) aolicv. Policy Premium Discounts Applied: Renewal Year Claim Record

Forms, Options, and Endorsements

Soecial Form 3 policy Endorsement Dist Mat Violat Statues Excl Amendatorv Endorsement Policy ~ndorsement Condo-Assn Policy Endorsement DeveloperlSponsor Exclusion

FP-6149

Continued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY REFER Prepared DEC 23 2008 Countersigned FP-8010.3C COOW B Y 0611992 DICK HESS INSURANCE AGENCY INC Your policy consists of this page, any endorsements (858) 277-7222 and the wlicv form. PLEASE KEEP THESE TOGETHER.

90-32-4544-4

CONTINUED FROM FRONT SIDE

CONDO1ASSOC POLICY SPECIAL FORM 3

...- - - - . Terrorlsm Insurance Cov Notlce Re~iaered Domestic Partnrsh~p Arn5ndatory Col apse Tree Debris Removal dii & officers
- -

Option DO

IMPORTANT NOTICE: California law requires us to provide you with information for filing complaints with the State In! Department regarding the coverage and service provided under thls pollcy. Complaints should be filed only after you and State Farm or your agent or other company repre: have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: California Department of Insurance Consumer Services Division 300 South Sprin Street Los Angeles, C 90013

k'

Prepared DEC 23 2008

Or call toll free: 1-800-927-HELP

View Terrace Association

C/O CHAMPSrrhe Kelly Group 5731 Palmer Way Suite B Carlsbad, CA 92010 (760)603-0501 Fax: (760)603-0505

REQUEST FOR ARCHITECTURAL COMMITTEE APPROVAL

Dear Homeowner:
be obtained in-writing?rom the Architectural committee pnor to a y ionshuction dr afierations i o t e exterior bi. your n h landscavina, fences, roofs, etc. Please use this form to submit your request h m including but not limited to ~aintine, o e in advance for your assistance. a d forward i t t o the address indicated above, 'I'hank n

T e noverninn documents of o r Association (Rules and Regulations. Pro~ertv s #2) require that av~roval h u Ue

Sincereiy, View Terrace Association Architectural Committee HOMEOWNER NAME: STREET ADDRESS: DAYTIME PHONE: EVENING PHONE: DESCRIPTION OF WORK: DATE:

DATE DESIRED TO BEGIN WORK: NAME OF CONTRACTOR: CONTRACTOR'S LICENSE#: PERMITS HAVE BEEN OBTAINED YES NO Please include a set of plans or drawings w i t h sufficient detail t o communicate the work you intend t o have done. Also, please provide samples and color chips of any materials. You w i l l receive a response w i t h i n 30 days. Please return your completed form t o CHAMPSrrhe Kelly Group. To be completed b y t h e architectural committee: Approval Denied: Approval Granted as Requested: Approval Granted subject t o the Following Conditions:

=or t h e Architectural Committee:

Print

Signature

Date

RENTERS AND TENANTS

It will be the responsibility of each homeowner that rents or leases their property to provide the tenant or renter with a copy of the Association's Rules and Regulations and to see that an Occupant Registration Form is completed and submitted. See Property Use, item 19.

FINES AND SANCTlONS

Pursuant to Article II, Section 2 0 of the Association's .1 Covenants. Conditions and Restrictions (CC&R's), the Association has the authority to adopt reasonable Rules and Regulations governing the use of common areas. Article XII, Section 12.01 of the CC&R's. directs the Board to enforce the provisions of the Rules and Regulations. Implicit in the Board's authority to enforce the Rules and Regulations is the power to levy fines andlor apply sanctions to compel compliance with the guidelines set forth in the CCLR's and By-Laws. The following applies to all landscape and non-landscape violations except vehicle violations:

1.

Upon receipt of a confirmed violation or physical inspection, a courtesy violation letter (with a specific time frame for compliance) will be delivered by first class mail to the Owner and. if applicable, a copy will be mailed to the tenant. If Owner fails to comply within stated time frame, a Notice of Hearing will be delivered by certified mail to the Owner requesting his or her appearance before the Board of Directors. The hearing will be scheduled prior to the Board's regulariy scheduled Board meeting. The Notice will state that failure to attend the hearing andlor correct the violation may result in presumption of guilt and imposition of the fine. Notice of the hearing will be delivered by certified mail to the Owner's current address at least ten (10) days prior to the hearing. The Notice will contain the date. time. location and purpose of the hearing. The purpose of the hearing will be to review ail of the

2 .

3.

5.

View Terrace HOA

Home Improvement Form ImpactedIAdjacent Neighbor Statement

Homeowner Name: Property Street Address: Lot #:

Mailing Address:

111
The neighbors listed below have seen t h e plans I a m submitting for architectural committee approval. I understand my neighbor's approval is required and a signature must be obtained for final approval. 1 further understand my neighbor's approval does n o t guarantee approval b y t h e Architectural Committee. IMPACTED NEIGHBOR: Name Signature Please Check One: Agree Address Disagree Address Lot# Phone # Lot# Phone #

IMPACTED NEIGHBOR: Name Signature

ADJACENT NEIGHBOR: Name Signature Please Check One: Agree

Address Disagree Address

Lot#

Phone #

ADJACENT NEIGHBOR: Name Signature

Lot#

Phone #

Please Check One: Aaree Disaaree Please f o r w a r d t o V i e w Terrace Architectural Committee t o CHAMPSfThe Kelly Group 5731 Palmer Way, #B Carlsbad, CA 92010.

okher mannl

permitted by law.

The ASPI

,ation s h a l l have power

t o purchase t h e Lot a t a f o r e c l o s u r e s a l e and t o hold, lease, mortgage and convey the same. ARTICLE V ARCHITECTURRL C N R L OTO S e c t i o n 5.01. N building, fence, w a l l or other s t r u c t u r e o

s h a l l be commenced, erected o r maintained upon the Properties, nor s h a l l any e x t e r i o r a d d i t i o n t o o r change o r a l t e r a t i o n thereon be made u n t i l t h e plans and s p e c i f i c a t i o n s s h w i n g t h e nature, kind, s h a p e , h e i g h t , materials 6nd l o c a t i o n of the samc s h a l l have been submitted t o and approved i n w r i t i n g a s t o hanmny of e x t e r n a l design and l o c a t i o n i n r e l a t i o n t o surrounding s t r u c t u r e s and topography by t h e Board of Directors of t h e Association, o r by an a r c h i t e c t u r a l committee composed of t h r e e ( 3 ) o r more r e - r e s e n t a t i v e s appointed by t h e Board.

I n t h e event t h e Board,

o r i t s d e s i g n a t e d c o m i t t r e , f a i l s t o asprove or disapprove such design and l o c a t i o n within t h i r t y (30) days a f t e r s a i d plans and s p e c i f i c a t i o n s have been submitted t o i t , approval w i l l not be r e q u i r e d a d t h i s Section w i l l be de-d complied with.
AKPICLE V I
ANNEXnTION

t o have been f u l l y

Section 6.01.

Adjoining property may be annexed t o and

become s u b j e c t t o t h i s Declaration as s e t f o r t h hereinbelow i n

t h i s S e c t i o n , a s follows:

(a)

Annexation Pursuant t o General Plan.

A l l o r any p a r t of adjoining property described

on E x h i b i t A attached h e r e t o may be annexed, frora time t o time, t o t h e P r o p e r t i e s and added t o the scheme of t h i s Declaration and become subject t o t h e j u r i s d i c t i o n of t h e Association without the a s s e n t of t h e Owners, M e Association o r i t s

VIEW TERRACE ASSOCIATION

STANDARDS FOR FENCES
The Board of D i r e c t o r s h a v e a d o p t e d t h e f o l l o w i n g s t a n d a r d s f o r t h e c o n s t r u c t i o n , r e p a i r a n d / o r r e b u i l d i n g of f e n c e s i n t h e A s s o c i a t i o n . A l l f e n c e s must conform t o t h e s e s t a n d a r d s . A d d i t i o n a l s t a n d a r d s f o r wrought i r o n f e n c i n g w i l l apply.
1. No :ence may b e b u i l t u n t i l w r i t t e n a p p r o v a l o f t h e Board i s r e c e i v e d . W r i t t e n a p p r o v a l c a n b e made o n l y a f t e r r e c e i p t of t h e d r a w i n g o r p l a n o f t h e f e n c e l o c a t i o n i s s u b m i t t e d t o t h e Board.

2.

A l l f e n c e s m u s t b e b u i l t on p r o p e r t y l i n e s .

3. P l a n s s u b m i t t e d t o t h e Board f o r a p p r o v a l must b e s u b m i t t e d by b o t h o w n e r s , a f f e c t e d by t h e f e n c e ( i f a p p l i c a b l e ) .
4. A l i a l t e r n a t e s l a t c e d a r f e n c e s must m a i n t a i n a 2" x 6" c e d a r "cap". All ' e n c e p o s t s must b e 4 " x 4 " c e d a r , p l a c e d i n c o n c r e t e f o u n d a t i o n s and s p a c e d J more t h a n 8 ' a p a r t .
5. A " p a r t y " f e n c e , t h a t i s a f e n c e b e t w e e n two l o t s , must b e 5 ' h i g h , u n l e s s t h e " p a r t y " f e n c e i s on t h e v i e w s i d e of a l o t , i n which c a s e , f e n c e may b e 4 ' n i g h i f t h e e l e v a t i o n o f t h e a d j o i n i n g l o t i s a t l e a s t 1 f o o t lower.

6.

A f e n c e a c r o s s t h e rear o f t h e y a r d c a n e i t h e r be 5 ' o r 4 '

high.

7. Any g a t e i n s t a l l e d may m a t c h t h e a b o v e s t a n d a r d s , o r be b l a c k wrought iron.

8. I t i s recommended, b u t n o t r e q u i r e d , t h a t a t l e a s t one c o a t of be a p p l i e d t o s l a t c e d a r f e n c e s and g a t e s . 9. I t i s n o t n e c e s s a r y t o c o n s t r u c t a f e n c e on y o u r l o t . t h e s e standards do apply.

clear s t a i n

I f you d o , however,

I f you have any q u e s t i o n s r e g a r d i n g t h e s e s t a n d a r d s o r s t a n d a r d s a p p l i e d s p e c i f i c a l l y t o w r o u g h t i r o n , p l e a s e c a l l t h e management a g e n t a t 744-9200.

P. 0.Box 2624

Escondido, California 92025

View Terrace Homeowners Association

C/O

CHAMPSIThe Kelly Group

573 1 Palmer Way - Suite B Carlsbad, CA 92008-7247 7601603-0501 * FAX 7601 603-0505

REPLACEMENT ROOFING PROCEDURES FOR VIEW TERRACE HOMEOWNERS ASSOCIATION

1.
An architectural request must be submitted to the board for approval. No work may be started prior to receiving approval. All sequests will be reviewed within 30 days, Ifimmediate action isrequired, indicate on fomi and your rcqucsl will receive top priority.
Request fonn must be completely filled out, including phone numbers in case contact with homeowner is required. It is the homeowners responsibility to use a reputable and reliable contractor and obtain all required permits. Once replacement is started, it must be done in a diligent manner. Any damage to common areas caused by roofing company is the homeowners responsibility and must be repaired to its original condition. If the association is required to make repairs to the common area due to damage by roofing company, the homeowner will incur any costs associated with the repair. Material froin approved list below is used. If material other tl~an those listed is desired, a sample ofproduct (either actual shingle or a brochure with explicit details) must accompany architectural request. In either cast the name and color of material is to be indicated on the architectural request form.

2.

3.

4.

5.

6.

This form must be initialed, and submitted with the architectural request and any samples (if required) before request is reviewed. If these procedures are not followed, your request will be denied.

Initial

Date

APPROVED ROOFING TYPES (12198)

Eaylelite (concrete tile) James Hardie (fiber cement tile) Hardishake - Sample of color choice must accompany request. Lifetile (concrete tile1
SuperShake 501 Brown Blend SuperShake 503 Charcoal Blend SuperShalce 505 Charcoal/Brown Blend

2003 Approved Paint Colors For View Terrace HOA

Here are the approved color schemes for View Terrace. These are all Frazee paint colors.
If you have a GreylBrown Roof - 182 Arizona White, 556 Pampas White, 821 1W Sandy Lane, 8222W Desert Fawn, 8694M Wood Cut, 87150 Moose Point, 8765D Beaver Creek, 8766N Caribou.

If you have a RedlBrown Roof - 182 Arizona White, 556 Pampas White, 821 I W Sandy Lane, 8222W Desert Fawn, 87150 Moose Point, 8765D Beaver Creek, 8766N Caribou.
If you have a GreylGreen Roof 182 Arizona White, 556 Pampas White, 821 I Sandy Lane, 8222W Desert Fawn, 8654M Elkhorn Cactus, 8694M Wood W Cut, 8715 8 Moose Point, 8765D Beaver Creek. If you have a Grey Red Variegated Roof (Newer Section) 182 Arizona White, 556 Pampas White, 821 I W Sandy Lane, 8222W Desert Fawn, 8694M Wood Cut, 381 Mesa Tan, 538 Country Estate, 8653M Stone Lion.

If you would like to see the color pallets for these colors, please feel free to contact Di Wenzel (Your Architectural Committee Chairperson) at 760.207.8007.