Anthony Lam Nguyen vs. The Townhomes associationMotion for Summary JudgmentAdjudicationCal. Super. - 4th Dist.April 19, 2017DISTRIBUTION OF WRITTEN NOTICE OF ASSESSMENTS, FORECLOSURE, AND PAYMENT PLANS CIVIL CODE 5730 NOTICE ASSESSMENTS AND FORECLOSURE This notice outlines some of the rights and responsibilities of owners of property in common interest developments and the associations that manage them. Please refer to the sections of the Civil Code indicated for further information. A portion of the information in this notice applies only to liens recorded on or after January 1, 2003. You may wish to consult a lawyer if you dispute an assessment. ASSESSMENTS AND FORECLOSURE Assessments become delinquent 15 days after they are due, unless the governing documents provide for a longer time. The failure to pay association assessments may result in the loss of an owner's property through foreclosure. Foreclosure may occur either as a result of a court action, known as judicial foreclosure or without court action, often referred to as nonjudicial foreclosure. For liens recorded on and after January 1, 2006, an association may not use judicial or nonjudicial foreclosure to enforce that lien if the amount of the delinquent assessments or dues, exclusive of any accelerated assessments, late charges, fees, attorney's fees, interest, and costs of collection, is less than one thousand eight hundred dollars ($1,800). For delinquent assessments or dues in excess of one thousand eight hundred dollars ($1,800) or more than 12 months delinquent, an association may use judicial or nonjudicial foreclosure subject to the conditions set forth in Article 3 (commencing with section 5700) of Chapter 8 of Part 5 of Division 4 of the Civil Code. When using judicial or nonjudicial foreclosure, the association records a lien on the owner's property. The owner's property may be sold to satisfy the lien if the amounts secured by the lien are not paid. (Section 5700 through 5720 the Civil Code, inclusive) In a judicial or nonjudicial foreclosure, the association may recover assessments, reasonable costs of collection, reasonable attorney's fees, late charges, and interest. The association may not use nonjudicial foreclosure to collect fines or penalties, except for costs to repair Common areas damaged by a member or a member's guests, if the governing documents provide for this. (Section 5725 of the Civil Code) The association must comply with the requirements Article 2 (commencing with section 5650 of Chapter 8 of Part 5 of Division 4 of the Civil Code when collecting delinquent assessments. If the association fails to follow these requirements, it may not record a lien on the owner's property until it has satisfied those requirements. Any additional costs that result from satisfying the requirements are the responsibility of the association. (Section 5675 of the Civil Code) At least 30 days prior to recording a lien on an owner's separate interest, the association must provide the owner of record with certain documents by certified mail, including a description of its collection and lien enforcement procedures and the method of calculating the amount. It must also provide an itemized statement of the charges owed by the owner. An owner has a right to review the association's records to verify the debt. (Section 5660 of the Civil Code) Notice of Assessments and Foreclosure Continued... If a lien is recorded against an owner's property in error, the person who recorded the lien is required to record a lien release within 21 days, and to provide an owner certain documents in this regard. (Section 5685 of the Civil Code) The collection practices of the association may be governed by state and federal laws regarding fair debt collection. Penalties can be imposed for debt collection practices that violate these laws. PAYMENTS ‘When an owner makes a payment, he or she may request a receipt, and the association is required to provide it. On the receipt, the association’ must indicate the date of payment and the person who received it. The association must inform owners of a mailing address for overnight payments. (Section 5655 of the Civil Code) An owner may dispute an assessment debt by submitting a written request for dispute resolution to the association as set forth in Article 2 (commencing with Section 5900) of Chapter 10 of Part 5 of Division 4 of the Civil Code. In addition, an association may not initiate a foreclosure without participating in alternative dispute resolution with a neutral third party as set forth in Article 3 (commencing with Section 5925) of Chapter 10 of Part 5 of Division 4 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 5685 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 5665 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 5665 of the Civil Code) The Townhomes Association Garden Grove, California RDA Owner's Summary Project Profile & Introduction indicated in this report : dging all. the original RDA Summary of Calculations Monthly C $123,373.84 8: - : 451,04 ovation to Reserves i/ 1/74 to 12/31/14. $123,824.68 t per month) RDA Reserve Management Software Copyright 2013, Edwin G. Edgley All Rights Reserved RESERVE DATA ANALYSIS (714) 434-8398 © PAGE 1 = The Townhomes Association RDA Owner's Summary RESERVE DATA ANALYSIS = (714) 434-8396 e PAGE 2 = REPORT DATE: November 6, 2013 VERSION: 018 ACCOUNT NUMBER: 19399 FULLY USE +/- REM CURRENT FUNDED ASSIGNED DESCRIPTION LIFE LIFE COST RESERVES RESERVES Streets - Agphalt Overlay 20 +12 4 196,232 171,703 0 Streets - Asphalt Repairs 4 0 1 18,073 18,073 0 Streets - Asphalt Slurry Sealing 4 0 1 21,080 21,080 0 Streets - Concrete, Repairs 25 0 1. 30,000 30,000 0 *** CATEGORY SUMMARY: 265,385 240,856 0 Roofs - Replacement 20 0 9 472,329 259,781 0 *#%% CATEGORY SUMMARY: 472,329 259,781 0 Paint - Light Poles 4 0 1 13,900 13,900 0 Paint - Restrooms 8 0 i 1,002 1,002 0 Paint - Woodwork 5 0 1 179,049 179,049 0 Paint - Wrought Iron 3 0 1 6,547 6,547 0 *%% CATEGORY SUMMARY: 200,498 200,498 0 Fencing - Boiler Areas 16 0 14 10,000 1,250 0 Fencing - Wood Railing 20 0 1 143,049 143,049 0 Fencing - Wrought Iron 25 +9 6 35,246 29,026 0 Walls - Block, Repairs 30 +4 6 25,823 21,266 0 **% CATEGORY SUMMARY: 214,118 194,591 0 Lighting - Bollard Fixtures 30 0 2 185,000 172,667 0 Lighting - Exterior 20 +11 3 19,248 17,385 0 Lighting - Streets 30 0 2 15,092 14,086 0 *x% CATEGORY SUMMARY: 219,340 204,138 0 Spa - Deck Caulking 4 0 1 384 384 0 Spa - Expansion Joint Covers 4 0 1 8,472 8,472 0 Spa - Filter 10 0 1 1.954 1,954 0 Spa - Heater 10 0 1 2,332 2,099 0 Spa - Pump & Motor, Replace 10 0 1 3,405 3,065 0 Spa - Replastering & Tile 10 0 1 5,959 5,959 0 **% CATEGORY SUMMARY: 22,506 21,932 0 Cabana - Ceramic Tile 30 +4 6 9,158 7,542 0 Cabana - Counter Top 22 -11 0 1,512 1,512 1,512 Cabana - Partitions 15 +16 3 2,275 2,055 0 Cabana - Plumbing Fixtures 30 0 19 4,364 1,600 0 Cabana - Shower 30 +4 6 2,031 1,673 0 *xx* CATEGORY SUMMARY: 19,340 14,381 1,512 Boilers - Pumps/Motors 8 0 0 11,725 11,725 11,725 Boilers - Replacement 16 0 4 80,862 60,647 0 The Townhomes Association RDA Owner's Summary DESCRIPTION Boilers - Storage Tanks *%% CATEGORY SUMMARY: Waterscapes - Dredging Waterscapes - Liner Waterscapes - Pump/Motors *%+% CATEGORY SUMMARY: Decks - Clean & Seal Decks - Resurfacing Decks - Wood Replacement #%% CATEGORY SUMMARY: Stairs - Wood *%%* CATEGORY SUMMARY: Bridges - Replacement #%% CATEGORY SUMMARY: Siding - Replacement **x% CATEGORY SUMMARY: Doors - Garages, Unfunded Doors - Utility *%*+% CATEGORY SUMMARY: Mailboxes - Replacement *%% CATEGORY SUMMARY : Irrigation - Backflow Devices Irrigation - Controllers *k% CATEGORY SUMMARY: Landscape - Tree Trimming *%% CATEGORY SUMMARY: Termite Control - Fumigation *%% CATEGORY SUMMARY: TOTAL ASSET SUMMARY: CONTINGENCY @ 3.00%: GRAND TOTAL: oe Percent Fully Funded: 6 USE +/- REM LIFE LIFE 16 0 4 5 0 1 50 0 22 8 Q i 4 0 0 12 0 0 25 0 1 25 +6 3 20 +6 12 1 0 1 30 0 2 22 0 10 15 0 4 24 0 10 15 0 I 1 0 1 15 0 1 FULLY CURRENT FUNDED ASSIGNED COST RESERVES RESERVES 15,145 11,359 0 107,732 83,730 11,725 12,984 12,984 0 107,118 59,986 0 13,920 13,920 0 134,022 86,890 0 9,719 9,719 9,719 22,768 22,768 22,768 549,554 549,554 89,026 582,041 582,041 121,513 29,868 26,978 0 29,868 26,978 0 52,352 28,190 0 52,352 28,190 0 42,852 42,852 0 42,852 42,852 0 0 0 0 21,216 11,386 0 21,216 11,386 0 22,519 16,514 0 22,519 16,514 0 3,795 2,214 0 11,310 10,556 0 15,105 12,770 0 6,000 6,000 0 6,000 6,000 0 143,865 143,865 0 143,865 143,865 0 2,571,088 2,177,393 134,750 65,322 4,042 2,242,715 138,792 RESERVE DATA ANALYSIS © (714) 434-8396 PAGE 3 The Townhomes Association Assessment and Reserve Funding Disclosure Summary. Fo the Fiscal Year January 1,2014 through December 31,2014 (1) The regular assessment per ownership interest is variable, per unit. Note: If assessments vary by the size or type of ownersh ip interest, the assessment applicable to this ownership interest may be found on page I of the attached summary. (2) Additlonal regular or special assessments that have already been scheduled to be imposed or charged, regardless of the purpose, if they have been approved by the board and/or members: Date assessment | Amount per ownership interest per month or year (If assessments Purpose of the assessment: will be due: are variable, See note immediately below): January 1, 2014 Variable rates Fund operating and reserves Total: | Notez If assessments vary by the size of the type of ownership interesl, the assessment applicable to this ownership interest may be fo und on page of the attached report. (3) Based upon the most recent reserve study and other information available to the board of directors, will currently projec ted reserve account balances be sufficient at the end of each year to meet the association’s obligation for repair and/or replacement of major components during the next 30 years? No (4) If the answer to (3) is no, what additional assessments or other contributions to reserves would be necessary to ensure that sufficient reserve funds will be available each year during the next 30 years that have not yet been approved by the board or the members? Approximate date assessment will be due: Amount per ownership interest per month or year: January-throufh December 2014 $1,498 per unit-per month Total: $2,048.922 (5) All major components are included in the reserve study and are included in its calculations. (6) Based on the method of calculation in paragraph (4) of subdivision (b) of Section 5570, the estimated amount required in the reserve fund at the end of the current fiscal year is $2,242,714 based in whole or in part on the last reserve study or update prepared by Reserve Data Analysis California, LLC as of November 6, 2013. The project ed reserve fund cash balance at the end of the current fiscal year is $138,792 resulting in reserves being 6 percent funded at this date. If an alternate, but generally accepted, method of calculation is also used, the required reserve amount is $N/A. The current deficiency in reserve funding expressed on a per unit basis is $18,455. (7) Based on the method of calculation in paragraph (4) of subdivision (b) of section 5570 of the Civ il Code, the estimated amount required in the reserve fund at the end of each of the next five budget years is (b), and the projec ted reserve fund cash balance in each of those years, taking into account only assessments already approved and other known revenues, is (a), leaving the reserve at (c) percent funding, (See recommendation below) Year Ending | Proj Reserve Balance (a Estimated Amount in Reserves Percent Funded If the reserve funding plan approved by the association is implemented, the projected reserve fund cash balance in each of those years will be (8), leaving the reserve at (b) percent funding. (See approved budget below) Year Endin Proj Reserve Balance Percent Fully Fun ded At the time this summary was prepared, the assumed long-term before tax interest rate earned on reserve funds was 1% per year, and the assumed long-term inflation rate to be applied to major component repair and replacement costs was 2% p er year. Note: The financial representations set forth in this summary are based on the best estimates of the prepa rer at that time. The estimates are subject to change. The preparer of this form will be indemnified and held harmless against all losses, claim s, actions, damages, including reasonable attorney’s fees, to which may become subject in connection of this engagement , because of expenses or liabilities, thers, or which may result from any improper use or any false, misleading or incomplete information which has been relied upon by o reliance on the disclosure by you or any third party. The Townhomes Association RDA Staridard Projections REPORT DATE: November 6, 2013 VERSION: 018 ACCOUNT NUMBER: 199% Beginning Accumulated Reserves: $138,792 CURRENT ANNUAL PROJECTED FULLY PERCENT REPLACEMENT ANNUAL INTEREST ANNUAL ENDING FUNDED FULLY YEAR COST CONTRBTN CONTRBTN EXPENDTRS RESERVES RESERVES FUNDED 114 2,571,088 1,480,486 5,412 45,724 1,578,967 2,303,576 69% rls. 2,622,510 381,816 3,608 1,240,005 724.,385 1,270,287 57% Le 2,674,960 316,978 4,287 259,002 786,648 1,251,442 63% "17 2,728,458 309,198 By TTL 106,379 985,238 1,397,848 71% 118 2,783,029 304,724 5,081 411,190 893,853 1,235,785 72% ‘19 2,838,689 291,132 6,355 122,290 1,069,050 1,378,860 78% 120 2,895,463 291,308 5,967 352,649 1,013,676 1,288,319 79% 121 2,953,372 295,827 7,623 63,637 1,253,489 1,504,653 83% 122 3,012,440 301,373 9,183 82,363 1,481,692 1,710,787 87% 123 3,072,688 303,582 6,362 714,681 1,076,956 1,261,982 85% 24 3,134,142 308,121 7,865 98,020 1,294,921 1,457,398 89% 125 3,196,825 312,308 7,875 316,483 1,298,622 1,432,669 91% 126 3,260,761 318,608 8,953 169,553 1,456,629 1,568,186 93% 127 3,325,977 324,678 10,207 151,751 1,639,764 1,730,816 95% 128 3,392,496 331,656 12,036 77,654 1,905,801 1,980,359 96% 128 3,460,346 339,016 14,012 65,749 2,193,081 2,253,331 97% '30 3529553 343,238 12,416 582,132 1,966,604 1,995,299 99% 181 3,600,144 349,083 13,697 175,987 2,153,397 2,164,972 99% 132. 3,672,147 356,651 15,756 73,023 2,452,781 2,452,506 100% ‘33 3,745,530 364,164 17,553 119,870 2,714,629 2,702,992 100% '34 3,820,502 360,631 18,610 229,695 2,864,174 2,849,653 101% '35 3,896,912 367,411 16,404 696,439 2:551.,550 2,515,565 101% '36 3,974,850 366,745 17,316 253,586 2,682,025 2 ,646,867 101% 137 4,054,347 364,333 19,252 107,387 2,958,222 2,941,340 101% 138 4,135,434 384,866 18,743 465,315 2,896,517 2,872,751 101% 2 '39 4,218,143 386,850 20,061 216,938 3,086,490 3 ,070,965 101% '40 4,302,505 404,741 13,335 1,372,938 2,131,628 2 ,066,022 103% '41 4,388,556 384,665 15,620 83,385 2,448,528 2 ,403,305 102% ‘42 4,476,327 386,929 17,278 165,373 2,687,361 2,66 8,863 101% '43 4,565,853 426,987 12,973 1,035,479 2,091,843 2 ,033,436 103% NOTE: In some cases, the projected ending reserves may exceed the fully funded reserves during years following high expenditures. This is a result of the provision for a contingency in the report, which in the projections, is n ever expended. The contingency ig continually adjusted according to pres ent needs and any excess is redistributed among all assets considered. RESERVE DATA ANALYSIS © (714)434-8396 © PAGE2-4 » INTERNAL DISPUTE RESOLUTION CIVIL CODE 5900 through 5920 California Civil Code Sections 5900 through 5920 requires community associations and their homeowners to participate in some form of Internal Dispute Resolution (“IDR”) prior to initiating certain types of disputes in superior court. An association shall provide a fair, reasonable, and expeditious procedure for resolving a dispute between an association and a member involving their rights, duties, or liabilities under the Davis-Stirling Common Interest Development Act, the Corporations Code or the association’s governing documents. The IDR process supplements, and does not replace ADR. Statutory dispute resolution procedure. Either party to a dispute within the scope of California Civil Code Sections 5900 through 5920 may invoke the following procedure: A, B. G. The party may request the other party to meet and confer in an effort to resolve the dispute. The request shall be made in writing. A member of an association may refuse a request to meet and confer. An association may not refuse a request to meet and confer. The association's board of directors shall designate a member of the board to meet and confer. The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. A resalution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the board designee on behalf of the association. An agreement reached under this section binds the parties and is judicially enforceable if both of the following conditions are satisfied: 1. The agreement is not in conflict with the law or the governing documents of the common interest development or association. 2. The agreement is either consistent with the authority granted by the board of directors to its designee or the agreement is ratified by the board of directors. A member of the Association may not be charged a fee to participate in the process. Each homeowner should consult with his or her own attomey regarding appropriate compliance with the ADR and IDR statutes. ALTERNATIVE DISPUTE RESOLUTION CIVIL CODE 5925 through 5965 California Civil Code Sections 5925 through 5965 requires community associations and their homeowners to offer to participate in some form of Alternative Dispute Resolution (“ADR”) prior to initiating certain types of lawsuits in superior court. ADR means mediation, arbitration, negotiation, conciliation, or other non- judicial procedure that involves a neutral party in the decision making process. ADR may either be binding or non-binding, with the voluntary consent of the parties. This provision does not apply to the filing of cross complaints. ADR required prior to filing an enforcement action. An association, owner or member of an association may not file an enforcement action in the superior court unless the parties have endeavored to submit their dispute to ADR. The ADR requirement applies only to an enforcement action that is solely for declaratory, injunctive or writ relief, or for that relief in conjunction with a claim for monetary damages under $3,000.00 or for enforcing the Davis-Stirling Common Interest Development Act, the Corporations Code or association’s governing documents. [t is not necessary to offer ADR prior to filing any type of small claims action. Except as otherwise provided by law, the ADR requirement does not apply to an assessment dispute. Service of Request for Resolution. Any party to a dispute may initiate the ADR process by serving on all other parties to the dispute a Request for Resolution, which shall include the following: A. A brief description of the dispute between the parties. B. A request for ADR. C. A notice that the party receiving the Request of Resolution is required to respond within 30 days of receipt or the request will be deemed rejected. D. If the party on whom the request is served is the owner of a separate interest, a copy Civil Code Sections 5925 through 5965. Service of the Request for Resolution shall be by personal delivery, first-class mail, express mail, facsimile transmission, or other means reasonably calculated to provide the party on whom the request is served actual notice of the request. A party on whom a Request for Resolution is served has 30 days following service to accept or reject the request. If a party does not accept the request within that period, the request is deemed rejected by the party. Completion of resolution process within 90 days. If the party on whom a Request for Resolution is served accepts the request, the parties shall complete the ADR within 90 days after the party initiating the request receives the acceptance, unless the period is extended by written stipulation signed by both parties. The cost of ADR shall be borne by the parties. Filing certification of compliance, If a civil suit is filed, the filing party must submit to the court a certificate of compliance indicating the party has complied with the requirements of Sections 5925 through 5965. Failing to do so will be grounds for challenging the lawsuit. Court discretion in awarding fees and costs based upon participation in ADR. In an enforcement action in which fees and costs may be awarded, the court, in determining the amount of the award, may consider whether a party’s refusal to participate in ADR before commencement of the action was reasonable. “Failure of a member of the Association to comply with the alternative dispute resolution requirements of Section 5930 of the Civil Code may result in the loss of your right to sue the association or another member of the association regarding enforcement of the governing documents or the applicable law.” THE TOWNHOMES HOMEOWNERS ASSOCIATION INSURANCE NOTIFICATION - CALIFORNIA CIVIL CODE 5310(a)(7) IMPORTANT ASSOCIATION INSURANCE INFORMATION In order to provide Association insurance coverage and policy information for the mortgage company or to answer questions regarding the Association's Master Insurance Policies, please contact the insurance agent listed below: Farmers Insurance 2727 Via Cascadita St G, San Clemente, CA 92672 Tel (949)-373-3828 Fax (866)-510-3684 General Liab Coverage Policy # - 605051895 1. Name of Insurer: Truck Ins. Exchange 2. Policy Limits: $2,000,000 per occurrence 3. Deductible: $2,500 4, Inception Date 11/01/2014 Expiration Date: [1/01/2015 Property Coverage Policy # - 605051895 1. Name of Insurer: Truck Ins. Exchange 2. Policy Limits: $6,123,600 3. Deductible: $2,500 per occurrence 4. Inception Date: 11/01/2014 Expiration Date: 11/01/2015 D & O Coverage Policy # -605051895 1. Name of Insurer: Truck Ins. Exchange 2. Policy Limits: $1,000,000 3. Deductible: $1,000 4. Inception Date: 11/01/2014 Expiration Date: 11/01/2015 Fidelity Bond Coverage: ~~ Policy # - 605051895 1. Name of Insurer: Truck Ins. Exchange 2. Policy Limits: $275,000 3, Deductible: $2,500 4. Inception Date: 11/01/2014 Expiration Date: 11/01/2015 Umbrella Coverage Policy # - 605051926 1. Name of insurer: Truck Ins. Exchange 2. Policy Limits: $10,000,000 3. Deductible: None 4, Inception Date: 11/01/2014 Expiration Date: 11/01/2015 In accordance wilh Scetion 5310(a)(7) (a) Within 30 to 90 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information: (1) The name and address of the person designaled to receive official communications to the association, pursuant to Section 4035. (2) A stalement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant lo subdivisian (b) of Section 4040. (3) The location, if any, designated for posting of a general notice, pursuant lo paragraph (3) of subdivision (a) of Section 4045. (4) Notice of 2 member's option Lo rcecive general nolices by individual delivery, pursuant to subdivision (b) of Section 4045. (5) Notice of a member's right to receive copies of meeting minutes, pursuant fo subdivision (b) of Section 4950. (6) The stalement of assessment collection policies required by Section 5730. (7) A statement describing the associalion’s policics and practices in enforcing lien rights or other legal remedies for default in the payment of assessments. (8) A statement describing the association's discipline policy, if any, including any schedule of penaliies for violations of the governing documents pursuant to Section 5850, (9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965. (10) A summary of any requirements for association approval of a physical change to praperty, pursuant to Section 4765. (11) The mailing address for overnight payment of assessments, pursuant te Section 5655. (12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion. (b) The annual policy statement shall be made available to the members pursuant to Section 5320. THE TOWNHOMES HOMEOWNERS ASSOCIATION Architectural Review Procedures A) Article V of the CC&R’s requires owners to obtain written approval from the Association prior to making any architectural modifications. Civil Code Section 4765 requires the Association implement the following procedures. B) Any owner who wishes to modify their unit shall submit written requests for any proposed alteration to the Association via the Management Company. The request shall be submitted on the approved architectural request form used by the Association and shall include complete plans, specifications and all applicable contractor information. C) No Alterations shall be made to the interior structural components of the units or exteriors prior to obtaining written approval from the Board of Directors. Responses will be required from the Board of Directors pursuant to the timeframes referenced herein. Unauthorized changes are considered a violation of the Governing Documents and subject to the established fine policy. D) The modifications shall be consistent with applicable building code requirements. If the E) F) modification requires a building permit, the owner is required to obtain the building permit and provide it to the Board of Directors. The Owner shall utilize licensed contractors to complete all modifications. The Board of Directors shall notify the requesting owner of its decision in writing within thirty (30) days of receipt of the completed architectural request form. If the Board of Directors does not provide a response within 30 days, the request will be considered approved unless the Management Company does not receive the application. The Board of Directors can request additional information from owners and deny a request until said information is provided. Upon providing any supplemental information, the Board of Directors shall have thirty (30) days to notify the owner if the request is being approved. The Association shall provide owners with a written decision that includes the reason for denial of a proposed change. All work shall be completed within 90 days of notice of approval. If not completed within this timeframe, the Owner shall resubmit the request with any new changes and paperwork plus all previous paperwork for Board consideration. G) Applicants are entitled to reconsideration by the Board of Directors at an open meeting of the Board to address any decisions made by an architectural committee. Decisions made by the Board of Directors are not entitled to reconsideration. A written request must be received not more than thirty (30) days following the Architectural Review Committee’s final decision, Within forty-five (45) days following appeal receipt, the Board of Directors will render a written decision. } THE TOWNHOMES HOMEOWNERS ASSOCIATION “Architectural Review Procedures Architectural Review Procedures continued... H) Owners are entitled to modify their units at their expense to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter conditions that could be hazardous to these persons. Homeowners are permitted to make alterations to the interiors of their unit that do not impair the structural integrity or mechanical systems or lessen the support of any portions of the structures. Homeowners are also permitted to make modifications outside of their units to provide access to the unit. Prior to making any alterations, owners are required to comply with the following: 1. The modifications shall be consistent with applicable building code requirements. The alteration would require a building permit, the owner is required to obtain the building permit and provide it to the Board of Directors. Modifications shall be done in a way that is consistent with the aesthetics within the community and any safety concerns to other residents. Modifications to the exterior of the buildings will not be permitted if they prevent reasonable passage by other residents or create a safety hazard. ta La Owners making modifications to the exterior of buildings may be required to remove said alterations when the unit is no longer occupied by persons requiring those modifications who are blind, visually handicapped, deaf, or physically disabled. The Association shall consider all requests for alterations based on the aesthetics within the community, compliance with the governing documents, facilitation of access for handicapped individuals, and taking into consideration the benefit to the community as a whole. The Board of Directors will not make decisions based on the structural integrity adequacy of the proposed alteration. The Board of Directors has the right to require owners submit information from licensed contractors, architects and/or engineers should there be concerns regarding the structural integrity of the modification. THE TOWNHOMES ASSOCIATION Purpose - The Townhomes Homeowners Association Board of Directors believes that homcowners desire a high quality community that contributes to an increase in the value of their property over time. In this way, homeowners can maximize the enjoyment of their property today and in the future. Without strong, consistent enforcement of our Covenants/Bylaws, this appreciation cannot be accomplished. With this goal, the Townhomes Board of Directors has enacted the following Fine Schedule (as allowed for in the Associations CC&R’S). Pre-Fining Procedure - The association and/or its management company will send a noncompliance letter to the homeowners last known address, identifying the violation, the date reported, the recommended correction, and given a timeframe to correct the violation (Usually 10 to 30 days). If the violation is not corrected, or the violation occurs again, the association and/or its management company will send a second noncompliance letter, or proceed with the fine procedure outlined belo. Fining Procedure - If the homeowner has not resolved the matter within the time frame given, or if circumstances warrant sooner, the Board shall send a written “Fine” notice detailing the violation, the assessment of fines and procedures for payment. For each month that the HOA levies a fine against the homeowner, written notice of the violation, the date reported and the current fine shall be sent to the homeowner. Fines - The Board shall assess monetary fines to the Homeowners account each month according to the following schedule: First month (30 days) after written request: $25 Second month (60 days) after first written request $50* Each subsequent month thereafter. $100 per month* * ‘T'hese fines arc in addition ta the previous month's fines, For example, the total fines for three months of written notices would be $25 plus S50 plus $100 for a total of $175. Fines shall be in addition to an assessment equal to any applicable cost of repair. For the purposes of this Fine Schedule, a “continuing or repeated violation” shall be one that is assessed to a single lot within a twelve (12) month period. However, should a twelve month period pass without any violations, a first notice to correct the violation will be sent by the Association prior to imposing any fines. Appeal - A homeowner may appeal a formal or informal notice of violation to the HOA by contacting the property manager in writing. Once the Board has assessed a fine(s), the homeowner may, within 30 days, make a written request for reconsideration. The homeowner, at his or her option, may request a hearing before the Board. The Board may reduce or retract the fines, if the Board finds that such fines are not necessary to obtain compliance with the rules and requirements of the HOA. For the purposes of this and other notices from thc HOA, if the homeowner does not reside at the subject property, it shall be the homeowner's responsibility to provide, in writing, the property manager or a member of the Board with a proper mailing address. Notices shall be sent by first class mail or equivalent mail service. The HOA shall not be required to send notices certified or registered mail. 27261 Las Ramblas, Suite 100 Mission Viejo, C4 92691 Office: (949) 429-5831 Fax: (949) 429-5933 Serving Southern California Since 1981 CARDINAL PROPERTY Ne MANAGEMENT November 9, 2016 INC. Dear Homeowner, In compliance with the California Civil Code 5300, attached please find The Townhomes Association budget for the fiscal year beginning January 1, 2017. The budget reflects the efforts of the Board of Directors to maintain and enhance the Association's community facilities and common areas in order to preserve the quality of life in The Townhomes Association while at the same time keeping expenditures in line. As a result of the Board’s efforts, no increase in monthly assessments is proposed at this time and none is currently anticipated, although with proper notice, the Association reserves the right to do so during the year should expenditures warrant an increase. In addition to the fiscal year budget, please find the following, printed in booklet format: A. Annual Policy Statement F. Annual Insurance Disclosure B. Violation & Fine Policy G. Reserve Study Summary & Disclosures C. Alternative Dispute Resolution H. FHA/VA Disclosures D. Internal Dispute Resolution I. Assessment Collection Policy E. Architectural Guidelines J. Notice of Assessment and Foreclosure The Board of Directors retained the services of a professional reserve analyst to review the funding program for the Association and provide recommendations for future funding. Copies of the reserve study are available for inspection at the offices of Cardinal Property Management, Inc. upon request. Additionally, the Board of Directors retains the services of a Certified Public Accountant to perform an annual review of the Association’s financial statements in accordance with generally accepted accounting principles and to express an opinion based on the audit. Copies of the audit report are mailed to the membership following the Association’s fiscal year end. The Board of Directors does not anticipate any special assessment will be required to replace, repair or restore any major component to the reserve program, during the upcoming fiscal year. Jay S. Aguilera, CMCA, AMS, PCAM Account Manager Enclosures SB 825 N. Park Center Dr., Suite 101, Santa Ana, CA 92705 a . . ER 714-779-1300 Fax: 714-779-3400 ° EE Te AC oli i SE CAC Ml www.cardinal-online.com FN Cdl 4000 6010 6015 6045 6050 6060 6070 6105 6110 6131 6166 6205 6211 6231 6260 6270 6288 6289 6300 6305 6310 6320 6350 6352 6356 6360 6367 6451 6625 6626 6627 6680 INCOME Assessments TOTAL INCOME EXPENSES General & Administrative Audit/Tax Returns 1099 Tax Form Billing Insurance License / Permits Legal Fees Contract Management Printing and Mailing Supplies Reserve Study Taxes - State Income Miscellaneous Total General & Administrative Maintenance Backflow Boiler Maintenance Boiler Repairs Janitorial Service Janitorial Extras and Supplies Contract Spa Spa Extras Landscape Maintenance Contract Landscape: Irrigation Repairs Landscape Extras Tree Maintenance Lake Maintenance Lake Repairs/Extras Common Area Maintenance Light Maintenance Lighting Repairs Plumbing Repair Total Maintenance Utilities Electricity Gas Trash Water Total Utilities The Townhomes Association Approved Budget 2017 503,374.00 503,374.00 1,300.00 240.00 67,804.00 600.00 3,600.00 23,904.00 1,200.00 720.00 120.00 240.00 99,728.00 180.00 700.00 750.00 2,160.00 200.00 1,800.00 600.00 35,400.00 4,500.00 1,500.00 7,200.00 11,940.00 7,200.00 18,000.00 7,800.00 1,800.00 21,600.00 123,330.00 30,000.00 45,600.00 16,800.00 42,000.00 41,947.83 367.96 41,947.83 367.96 108.33 0.95 20.00 0.18 5,650.33 49.56 50.00 0.44 300.00 2.63 1,992.00 17.47 100.00 0.88 60.00 0.53 10.00 0.09 20.00 0.18 8,310.67 72.90 15.00 0.13 58.33 0.51 62.50 0.55 180.00 1.58 16.67 0.15 150.00 1.32 50.00 0.44 2,950.00 25.88 375.00 3.29 125.00 1.10 600.00 5.26 995.00 8.73 600.00 5.26 1,500.00 13.16 650.00 5.70 150.00 1.32 1,800.00 15.79 10,277.50 90.15 2,500.00 21.93 3,800.00 33.33 1,400.00 12.28 3,500.00 30.70 11,200.00 98.25 The Townhomes Association Approved Budget 2017 Reserves EE 8000 Reserves 145,916.00 12,159.67 106.66 Total Reserves 145,916.00 12,458.67 106.66 TOTAL EXPENSES 503,374.00 41, 947.83 367.96 0.00 0.00 0.00 CURRENT YEAR SURPLUS/(DEFICIT) The Townhomes Association A California Non-Profit Mutual Benefit Corporation ANNUAL POLICY STATEMENT (per Civil Code Section 5310) Adopted May 10, 2016 The Association is providing this Annual Policy Statement to provide information to the members about Association policies in compliance with the Davis-Stirling Common Interest Development Act, Civil Code Section 4000, et seq. ("Act") WHERE THIS POLICY STATEMENT INCLUDES A SUMMARY OF ANOT HER DOCUMENT, THE FULL DOCUMENT IS - AVAILABLE UPON WRITTEN REQUEST OF THE MEMBER AT NO COS T TO THE MEMBER. THE REQUEST SHOULD BE SUBMITTED TO THE TOWNHOMES ASSOCIATION, ATTN: MANAGER C/o CARDINAL PROPERTY MANAGEMENT, 825 N. PARK CENTER DRIVE, SUITE 101, SANTA ANA, CA 92705. 1. Official Communications to Association. The name and address of the person designated to receive official communications for The Townhomes Association ("Assoc iation"), is the Manager on behalf of The Townhomes Association, c/o Cardinal Property Management, 825 N. Park Center Dr., Suite 101, Santa Ana, California 92705. (Civ il Code Section 5310(a)(1)). The Association will only receive official communications by fir st-class mail, postage prepaid, registered or certified mail, express mail, overnight deliver y by an express service center or personal delivery pursuant to Civil Code Section 4035(b)(3 ). (Civil Code Section 5310(a)(1)) 2. Secondary Member Address Option. Upon the request of an Ass ociation member delivered in writing to the Association, a member may identify a se condary address for delivery of notices specified in Civil Code Section 4040 to the member. Eac h member may designate two different specified addresses for delivery of such not ices. (Civil Code Section 5310(a)(2)) 3. General Notices From Association. The Association's location designated for the posting of printed general notices to the members pursuant to Civil Code Section 4045(a)(3) is the Clubhouse. Check this bulletin board regularly for notices of meetin gs of the Board of Directors, agendas and other important notices, including those required by the Act. The Association may include general notices in a billing statement or news letter. If a member has requested individual delivery of general notices, then the general no tices will be delivered to that member by individual delivery. (Civil Code Section 531 0(2)(3)) 4. Requests for Individual Delivery of General Notices. A me mber may request to receive general notices from the Association by individual delivery pursuant to Civil Code Section 4040. That request must be made in writing and delivered to the Assoc iation. (Civil Code Section 4025(b)) The Townhomes Association Annual Policy Statement Page 2 of 3 5. 10. 11. Right to Receive Minutes. Each member has a right to receive copies of meet ing minutes pursuant to Civil Code Section 4950(b). These are minutes of open Board of D irectors’ meetings which are made available within 30 days of the meeting. Copies of minutes will be distributed to any member upon request and upon reimbursement of the A ssociation's costs for copying and mailing. Minutes are also posted on the Association's w eb site: http://myhoa.com/meadowbrookvillage. (Civil Code Section 53 10(a)(5)) Assessment-Collection Policies. The statement of the Association's assessment-c ollection policy and procedures required by Civil Code Section 5730 is a separate enclosur e to this - Annual Policy Statement. (Civil Code Section 5310(a)(6)) Lien Rights and Assessment Default Remedies. The statement des cribing the Association's policy and practices in enforcing lien rights and other legal r emedies for default in the payment of assessments is also included as a separate enclosure to this Annual Policy Statement. (Civil Code Section 53 10(a)(7)) Discipline Policy/Penalties. Please read The Townhomes Associa tion Rules and Regulations/Violation & Fine Policy for a description of the schedule of pen alties for violation of governing documents and related Association disciplin ary policy. The Association's Violation & Fine Policy is also included as a separate enclosure to this Annual Policy Statement per Civil Code Section 5850(a). In summary, each member is responsible for any and all violations of the governing documents by the member and member's tenants, guests, co-residents, contractors or agents. Monetary penalties may be imposed by the Association for violations. Members' privileges may be suspended for violations of the governing documents. Members will be given written n otice of and have the right to participate in a hearing before a penalty is imposed f or violation of the governing documents. Please see the Rules and Regulations. You ma y submit a written request to obtain a complete copy of the Rules and Regulations at no cha rge. (Civil Code Section 5310(a)(8)) Dispute Resolution Procedures. A Summary of Dispute Resolution Pro cedures pursuant to Civil Code Sections 5920 and 5965 is included as a separate enclosur e to this Annual Policy Statement. (Civil Code Section 53 10(a)(9)) Architectural Control and Changes. Modifications to owners’ separa te-interest properties or other areas require prior written application to and written approval from the Association. (Civil Code Section 4765) The architectural control role and authority of the Association is described in the Declaration of Covenants, Conditio ns, Restrictions ("CC&Rs"). Also see the Association's Rules and Regulations, includi ng Architectural Guidelines, for more information on submission of applications and procedures for the architectural process, as well as reconsideration/appeal to the Board of decisions. (Civil Code Section 5310(a)(10)) Overnight Payment of Assessments. The mailing address for overnight p ayment of assessments is The Townhomes Association c/o 825 N. Park Center Dr., Suite 101, Santa Ana, California 92705. 00344222-1 The Townhomes Association Annual Policy Statement Page 3 of 3 Conclusion: Please see the enclosures distributed with this Statement for other important Annual Policy Statement information. Also, please see the Association's Annual Budget Report for important information regarding the Association's finances, reserves and insurance coverages. Enclosures: 1. Statement of Association Assessment Collection Policies and Procedures (Civil Code Section 5730) Statement Describing Association's Policies And Practices In Enforcing Lien Rights Or Other Legal Remedies For Default In Payment Of Assessments Statement Describing Association's Discipline Policy, Including Any Schedule Of Penalties For Violation Of The Governing Documents Pursuant (Civil Code Section 5850) Summary of Dispute Resolution Procedures (Civil Code Sections 5920, 5965) Summary Of Any Requirements For Association Approval Of Physical Change To Property (Civil Code Section 4765) 00344222-1 Purpose - The Townhomes Homeowners Association Board of Directors believes that homeowners desire a high quality community that contributes to an increase in the value of their property over time. In this way, homeowners can maximize the enjoyment of their property today and in the future. Without strong, consistent enforcement of our Covenants/Bylaws, this appreciation cannot be accomplished. With this goal, the Townhomes Board of Directors has enacted the following Fine Schedule (as allowed for in the Associations CC&R’S). Pre-Fining Procedure - The association and/or its management company will send a noncompliance letter to the homeowner's last known address, identifying the violation, the date reported, the recommended correction, and given a timeframe to correct the violation (Usually 10 to 30 days). If the violation is not corrected, or the violation occurs again, the association and/or its management company will send a second noncompliance letter, or proceed with the fine procedure outlined below. Fining Procedure - If the homeowner has not resolved the matter within the time frame given, or if circumstances warrant sooner, the Board shall send a written “Fine” notice detailing the violation, the assessment of fines and procedures for payment. For each month that the HOA levies a fine against the homeowner, written notice of the violation, the date reported and the current fine shall be sent to the homeowner. Fines - The Board shall assess monetary fines to the Homeowners account each month according to the following schedule: First month (30 days) after written request: $25 Second month (60 days) after first written request $50* Each subsequent month thereafter. $100 per month* * These fines are in addition to the previous month's fines. For example, the total fines for three months of writt en notices would be $25 plus $50 plus $100 for a total of $175. Fines shall be in addition to an assessment equal to any applicable cost of repair. For the purposes of this Fine Schedule, a “continuing or repeated violation” shall be one that is assessed to a single lot within a twelve (12) month period. However, should a twelve month period pass without any violations, a first notice to correct the violation will be sent by the Association prior to imposing any fines. Appeal - A homeowner may appeal a formal or informal notice of violation to the HOA by contacting the property manager in writing. Once the Board has assessed a fine(s), the homeowner may, within 30 days, make a written request for reconsideration. The homeowner, at his or her option, may request 2 hearing before the Board. The Board may reduce or retract the fines, if the Board finds that such fines are not necessary to obtain compliance with the rules and requirements of the HOA. For the purposes of this and other notices from the HOA, if the homeowner does not reside at the subject property, it shall be the homeowner's responsibility to provide, in writing, the property manager or a member of the Board with a proper mailing address. Notices shall be sent by first class mail or equivalent mail service. The HOA shall not be required to send notices certified or registered mail, To: All Association Members From: Board of Directors Subject: Civil Code, Section 5930/Enforcement of Governing Documents The section, as amended, provides that before either the Association or a m ember of the Association can file a lawsuit for Declaratory Relief or Injunctive Relief, either exclusively or in conjunction with a claim for Monetary Damages not to exceed $5,000 (oth er than for Association assessments), the parties shall endeavor to submit the matter:to Alternati ve Dispute Resolution prior to filing the lawsuit. Alternative Dispute Resolution is either submitting the claim to mediation or arbitration. In Mediation, a mediator tries to resolve the differences between the parties and tries to get them to agree to compromise. Arbitration is a process whereby an arbitrator, usua lly a retired Judge or a lawyer or somebody with a special expertise in a particular field, listens t o both sides of the case and makes a decision in the same manner as if a Judge would in court. Me diation and arbitration are non-binding under this section, however, the parties may agree to make it binding. To submit a dispute to Alternative Dispute Resolution, the claimant must ser ve the other party with a "Request for Resolution" which briefly describes the dispute, requests that the dispute be submitted to Alternative Dispute Resolution, and notifies the other par ty that they must respond within thirty (30) days or receipt of the Request for Resolution, or it will be deemed rejected. If the other party accepts the Request for Resolution, the parties may mutuall y decide which form of Alternative Dispute Resolution (mediation or arbitration) they wish t o submit the dispute to and whether it will be binding or non-binding. If accepted, the Alternative Dispute Resolution must be completed within ninety (90) days of receipt of acceptance of the Req uest for Resolution, unless extended by the parties. The parties share the costs of Alternative Dispute Resolution. Anything said in the course of Alternative Dispute Resolution, or any d ocuments prepared or admissions made in the course of the Alternative Dispute Resolution, are inadmissible in any civil action in which testimony can be compelled unless consented to by both parties. This section requires that at the time a lawsuit is filed, a certificate mu st also be filed certifying that Alternative Dispute Resolution has been complete d or one of the following exceptions applies: I The statute of limitations for bringing the civil action would run within 120 days (thus barring the civil action); Alternative Dispute Resolution Page Two 2, The other party who received the Request for Resolution refused to submit the dispute to Alternative Dispute Resolution prior to the filing of the complaint. 3. The court finds that dismissal of the civil action for failure to file the certificate would result in substantial prejudice to one of the parties; or 4. The court finds that Preliminary or Temporary Injunctive Relief is necessary. Failure to file the required certificate, unless the exceptions apply, would make the lawsuit subject to dismissal. This section would also allow a court to stay a pending action and refer it to Alternat ive Dispute Resolution upon stipulation of the parties. Generally, in an action for Declaratory Relief or Inj unctive Relief related to enforcement of governing documents of an Association, the prevailing party would be entitled to an a ward of attorney's fees and costs. However, if that prevailing party were offered an opportunity to submit the dispute to Alternative Dispute Resolution and refused to do so, the court could take this into consideration in making such an award of the attorney's fees and costs. Failure of a member of the Association to comply with the alternative dispute resolut ion requirements of Section 5930 of the Civil Code may result in the loss of the member’s r ights to sue "the Association or another member of the Association regarding enforcement of the governing documents. 09/13 INTERNAL DISPUTE RESOLUTION PROCEDURES The Association will continue to provide a fair, reasonable, and expeditious procedure for resolving disputes between the Association and any Member of the Association involving the Member's rights, duties, or liabilities under the Davis-Stirling Act, the Nonprofit Mutual Benefit Corporation Law, or under the governing documents of the Common Interest Development or Association. The procedures for internal dispute resolution, as now set forth in California Civil Code Section 5915, are as follows: 1. Either party to the dispute may deliver a written request to the other party seeking to meet and confer in an effort to resolve the dispute. A member of the Association may refuse a request to meet and confer. The Association may not refuse a request to meet and confer. 2. The Association's Board of Directors shall designate a Member of the Board of Directors to meet and confer. 3. The parties shall meet promptly at a mutually convenient time and place, explain their positions to each other, and confer, in good faith, in an effort to resolve the dispute. 4. A resolution of the dispute agreed to by the parties shall be memorialized in writing and signed by the parties, including the Board designee on behalf of the Association. 5. An agreement reached using these procedures will bind the parties and is judicially enforceable if both of the following conditions are satisfied: (a) The agreement is not in conflict with law or the governing documents of the common interest development or Association. (b) The agreement is either consistent with the authority granted by the Board of Directors to its designee or the agreement is ratified by the Board of Directors. 6. A Member of the Association may not be charged a fee to participate in this process. THE TOWNHOMES ASSOCIATIUN Architectural Review Procedures A) Article V of the CC&R’s requires owners to obtain written approval from the Association prior to making any architectural modifications. Civil Code Section 4765 requires the Association implement the following procedures. B) Any owner who wishes to modify their unit shall submit written requests for any proposed alteration to the Association via the Management Company. The request shal l be submitted on the approved architectural request form used by the Association and shall include complete plans, specifications and all applicable contractor information. C) No Alterations shall be made to the interior structural components of the units or exteriors prior to obtaining written approval from the Board of Directors. Respons es will be required from the Board of Directors pursuant to the timeframes referenced here in. Unauthorized changes are considered a violation of the Governing Documents and subject to the established fine policy. D) The modifications shall be consistent with applicable building code requireme nts. If the modification requires a building permit, the owner is required to obtain the building permit and provide it to the Board of Directors. The Owner shall utilize licens ed contractors to complete all modifications. E) The Board of Directors shall notify the requesting owner of its decision in wri ting within thirty (30) days of receipt of the completed architectural request form. I f the Board of Directors does not provide a response within 30 days, the request will be considered approved unless the Management Company does not receive the application. The Board of Directors can request additional information from owners and deny a req uest until said information is provided. Upon providing any supplemental information, the B oard of Directors shall have thirty (30) days to notify the owner if the request is being approved. The Association shall provide owners with a written decision that includes the r eason for denial of a proposed change. F) All work shall be completed within 90 days of notice of approval. If not completed within this timeframe, the Owner shall resubmit the request with any new changes and paperwork plus all previous paperwork for Board consideration. G) Applicants are entitled to reconsideration by the Board of Directors at a n open meeting of the Board to address any decisions made by an architectural committee. Deci sions made by the Board of Directors are not entitled to reconsideration. A written request must be received not more than thirty (30) days following the Architectural Review Committ ee’s final decision. Within forty-five (45) days following appeal receipt, the Board of Direct ors will render a written decision THE TOWNHOMES ASSOCIATION Architectural Review Procedures Architectural Review Procedures continued... H) Owners are entitled to modify their units at their expense to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter c onditions that could be hazardous to these persons. Homeowners are permitted to make al terations to the interiors of their unit that do not impair the structural integrity or mechani cal systems or lessen the support of any portions of the structures. Homeowners are also permi tted to make modifications outside of their units to provide access to the unit. Prior to making any alterations, owners are required to comply with the following: 1. The modifications shall be consistent with applicable building code requirements. The alteration would require a building permit, the owner is required to obtain the building permit and provide it to the Board of Directors. 7. Modifications shall be done in a way that is consistent with the aesthetics within the community and any safety concerns to other residents. 3. Modifications to the exterior of the buildings will not be permit ted if they prevent reasonable passage by other residents or create a safety hazard. Owners making modifications to the exterior of buildings may be requi red to remove said alterations when the unit is no longer occupied by persons requiring tho se modifications who are blind, visually handicapped, deaf, or physically disabled. The Association shall consider all requests for alterations based on the a esthetics within the community, compliance with the governing documents, facilitation of access for handicapped individuals, and taking into consideration the benefit to the community as a whole. The Board of Directors will not make decisions based on the structural integrity adequacy of the proposed alteration. The Board of Directors has the right to require owners submit information from licensed contractors, architects and/or engin eers should there be concerns regarding the structural integrity of the modification.
