HomeMy WebLinkAboutIsland Lagoon Leaf Blower DocumentsRESOLUTION NO. ___ _
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ISLAND LAGOON
HOMEOWNERS ASSOCIATION PERTAINING TO CITY RESTRICTIONS ON
GAS-POWERED LEAK BLOWERS IN RESIDENTIAL ZONES
WHEREAS, the Island Lagoon Homeowners Association is the association of a
common interest development located within the boundaries of the City of Newport Beach;
and
WHEREAS, the City Council of the City of Newport Beach has adopted
Ordinance No. 2011-12, which amends Newport Beach Municipal Code ("NBMC")
section 6.04.055 (Leaf Blowers) to prohibit, with certain exceptions, the use of gas-
powered leaf blowers in all residential districts within the City effective November 14,
2011; and
WHEREAS, Ordinance No. 2011-12 finds and declares that common interest
development of five or more dwelling units that have an association responsible for
establishing regulations controlling the management and maintenance of exterior common
area and separate interests have adopted, or have the ability to adopt, self imposed
regulations that establish a regulator framework addressing the exterior residential
environment, and such regulatory frameworks can be used by common interest
developments of five or more dwelling units to more closely address neighborhood
impacts of gas-powered leaf blowers within such developments; and
WHEREAS, Ordinance No. 2011-12 states that the City Council wishes to prohibit
the use of gas-powered leaf blowers in all residential districts except by certain public
employees or contractors acting in the scope of their employment, and in residential
common interest developments of five or more dwelling units that have an association with
the power to establish rules and regulations for the management and maintenance of
exterior connnon areas and separate interest.
WHEREAS, NBMC section 6.04.055 states that residential common interest
development of five or more dwelling units that have an association with the power to
establish rules and regulations for the management and maintenance of exterior common
areas and separate interest may, by the method set out in their association's rules and
regulations, choose, to be exempt from the restrictions on gas-powered leak blowers; and
-I -
WHEREAS, NBMC section 6.04.055 provides that the City Manager's Office
shall establish procedures through which such residential common interest developments
rna demonstrate their decision to be exempt from subsection 6.04.055.B.3.; and
WHEREAS, the Newport Beach City Manager's office has determined that any
residential common interest development of five or more dwelling units that has an
association with the power to establish rules and regulations for the management and
maintenance of exterior common areas and separate interest may demonstrate its decision
to be exempt from the City's restrictions on gas-powered leaf blowers in residential
districts through a resolution of its board of Directors of; and
WHEREAS, the Island Lagoon Homeowners Association is the association for the
common interest development known as Island Lagoon Homeowners Association which is
a common interest development of five or more dwelling units, and which has the power to
establish rules and regulations for the management and maintenance of exterior common
areas and separate areas through its operational rules; and
WHEREAS, the Board of Directors of the Island Lagoon Homeowners
Association has been granted the power to make decisions for the proper conduct and
administration of the affairs of the Island Lagoon Homeowners Association by the
CC&R's.
NOW, THEREFORE, the Board of Directors of the Island Lagoon Homeowners
Association resolves as follows:
1. The Board of Directors of the Island Lagoon Homeowners Association has
determined that it is in the best interest of the Island Lagoon Homeowners
Association to be exempt from the NewpOli Beach Municipal Code's prohibition
on the nse of gas-powered leaf blowers in residential districts.
2. The Board of Directors of the Island Lagoon Homeowners Association has
decided, by majority vote to exempt the Island Lagoon Homeowners Association
development from the provisions of Newport Beach Municipal Code section
6.04.055.B.1.
IN WITNESS WHEREOF, the undersigned, President of the Board of Directors, has
executed this Resolution this "6 day of ~'" veAS-e;o ZCi//.
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ISLAND LAGOON HOMEOWNERS ASSOCIATION
'-..
[Nam~~
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MINUTES OF THE
BOARD OF DIRECTORS
ISLAND LAGOON HOMEOWNERS ASSOCIATION
September 13, 2011
The Board of Directors meeting of the Island Lagoon Homeowners Association was held
on Tuesday September 13, 20 11, in the Clubhouse.
BOARD MEMBERS PRESENT: Vince Lee, Kathy Anter
Suresh Khemlani
MANAGEMENT: Terry Smith
CALL TO ORDER
The meeting was called to order by Mr. Lee at 2:30 PM.
COMMITTEE REPORTS
ARCHITECTURAL COMMITTEE REPORT
Kathy Anter repolted for the Committee
1. 59 Sea Brook garage paint job is not exactly a match. Although the
Committee had signed the completion of the job it was their recommendation
to have the HOA re-paint the garage the proper color when other painting in
the community is being done at the expense of the Association.
a. A motion by member Lee, seconded by member Khemlani to approve
this request. This motion was approved.
2. The Committee is working to streamline certain procedures in order to make
the architectural process easier for residents.
3. 9 Sea Cove -the owners to be notified that prior architectural approvals for
work that has not yet been completed must present a new request.
4. The committee will add to the application that all improvement projects be
completed with 90 days, or notify the committee
FINANCIAL COMMITTEE REPORT
Chairman Patton repOlted:
I. Reported that at the end of the FlY the Association ended approximately
$27,669 under budget for the year.
2. Reserves expect to be approx $490,000 at the end of the next FlY
3. Purged accounts that have a retained balance will be transferred to
miscellaneous income
LANDSCAPE COMMITTEE REPORT
Chairman Berube repot1ed
1. All non palm tree trimming will begin and will be completed in November
2. A motion was made by Member Lee, seconded by member Anter to approve a
proposal to install boulders in the parking lot by the tennis courts, where shrubs
had been removed. This motion was approved.
3. A motion by member Lee, seconded by member Khemlani was made to approve
the annual overseeding in the Community. This motion was approved.
4. 62 Ocean Vista ~ a tree had to be removed do to roots-in-pipe issue. The Board
approved a new 15gal tree to be planted. The owner will be given the option to
install a larger tree with the owner paying the difference. Manager to follow up
with owner.
5. Owner at 75 Ocean Vista has donated several sago palms which will be placed
throughout the community.
6. Lagoon ~ the north lagoon was requested to have chemical tests to determine if
green agley problems existed. None were found. The Board approved
reimbursement in the amount of $114.00 to Mr. Berube for out of pocket costs for
testing.
7. A motion was made by member Lee, seconded by member Anter to authorize the
manager to sign and mail in the "opt out" notice regarding the use of gas leaf
blowers within the City ofNewpot1 Beach. The labor cost to do cleaning without
the leaf blower is prohibitive.
MASTER CALENDAR
No additional or changes were made. It was noted that amount of maintenance,
especially plumbing will be required in October.
CLUBHOUSE
After a review, there was no fut1her action taken.
MINUTES
A motion was made by member Anter seconded by member Lee to accept the August
2011 meeting minutes.
REPORT OF EXECUTIVE SESSION (September 2011)
Following the regular scheduled meeting of the Board, an executive session was held
with the following being reported to the membership:
Review of delinquency repot1s
Correspondence received from the Attorney and reviewed.
Violation Correspondence
FINANCIALS
A motion was made by member Lee, seconded by member Anter to accept the August
2011 financial reports as presented.
CURRENT BUSINESS
Wood Repairs
A report, including proposal, was submitted by Patscheck for some additional deck and
dry rot repairs. It was reported that this would bring the large wood and deck proposal to
almost complete. A motion was made by member Khemlani, seconded by member Anter
to approve this proposal. This motion was approved.
75 Ocean Vista
Owner had been submitted an invoice in the amount of $2200.00 as a result of additional,
owner responsible, repairs that were found when dry rot repairs were made. According to
the contractor the amount ofthe extra work amounted to $1,250. The Board authorized
management to notify the homeowner of the reduced amount owed.
71 Ocean Vista
As a result of multiple slab leaks this owner has opted to participate in the shared re-
plumbing costs. A motion was made by member Lee seconded by member Anter to
authorize the owner to proceed with the accepting of epoxy linning with the Association
responsible for half of the cost.
15 Sea Cove
A request was made by the owner to investigate needed repairs at the back soundwall
gate to the owners property. Repairs are needed.
Gutter Cleaning
A motion was made by member Anter, seconded by member Khemlani to approve the
proposal of Gale Force Pressure Washing for the annual gutter cleaning. Vendor also
approved to provide doorhangers to residents for notification purposes.
Plumbing -Area Drains
PMC provided a proposal for the annual drain cleaning maintenance. A motion was
made by member Lee, seconded by member Anter to approve this annual activity. It was
noted that several additional locations will most likely be added.
Electrical Holiday Lighting Repairs
Peak Lighting submitted a proposal for suggested additions in the front to accommodate
the holiday lighting, which last year had problems. Member Anter made a motion to
approve with the condition that the vendor will be responsible for any additional call
backs during the holiday light period. Mr. Lee seconded the motion and it was approved.
Pool/Spa
The Ocean Vista pool and spa heater will be turned off Oct 1 st. The clubhouse pool
heater will be turned off Oct. 1st . The spa will continue to be heated.
ARW Roof Billing
ARW submitted an invoice in the amount of$39,919.25 for various pending outstanding
bills dating back to November 2009. Payment had been withheld for various reasons.
The Board voted to clear up the entire roof account. A motion was made by member
Khemlani, seconded by member Anter to approve management to attempt to negotiate a
settlement with AR W staring with a 25% reduction if paid in full within 10 days and go
from there.
a. 8 Sea Cove -the ARW bill for roof tile repairs due to the fire was determined
to be accurate. The bill sent to the owner in the amount of$I,600.00 remains
unpaid.
HOMEOWNERS OPEN FORUM
No Owners present
NEXT MEETING
October, 2011 2:30 PM
ADJOURNMENT
There being no further business to come before the Board of Directors, the meeting was
adjourned to executive session.
\
~, " , \. )
lIlI!N RECORDED MAIL TO:
The Irvine Company
SSO Newport Center Drive
Newport Beach, California 92663
ATTENTION: Builder and· Eserow Service.
Community Development Divi.ion
BOOK l4088 PAGES l654 through l7l5
Recordinq Requested By
FIRST AMERICAN TITIB INSURANCE CO.
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
lO,l5AM JUNE 5, 1981
LEE A. BRANCH, County Recorder
Above Space for Recorder', U.e Only
DECLARAtION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
Tract 9676
ORANGE COUNTY, CALIFORNIA
Sea Ill.ad
Table of Contents
RECITALS
"
ARTICLE I -Definitions
Section 1 -Applicable Voting Power.
Se~tion 2 -Architectural Committee.
Section 3 -Articles and Bylaw •.
SectioD. 4 -A., •• ,mentl.
Section 5 -A"ociation.
Section 6 A"ociation Rule •.
Section 7 -Board.
Section 8 -City
Section 9 -Common Area. .
Section 10 -Common Expeoles.
Section 11 -Community Facilities
Section i2 -Condominium.
Section 13 -Condominium Building
Section 14 -Condominium Elements
Section 1S -Condominium Plan
Section 16 -Covered Property
Section 17 -Development.
Section 18 -Exhibit.
Section 19 -Family
Section 20 -Federal Agencies
Section 21 -Final Subdivision Public Report.
Section 22 -M8mber
Section 23 -Mortgage
Section 24 -Mortg_g.ee.
Sec t ion 25 -" Owner.
Section 26 -Phase.
Section 27 -Project.
Section 28 -Residence.
Section 29 -Restricted Common Area
Section 30 -Supplementary Declaration.
Section 31 -Trustee.
Section 32 -Unit
R-l
1-1
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91/8-24-79 CC&R's
BA62al-2
Island Lagoon Homeowners Association
286-91 (5-19-81) dau
t' ,.
I
ARTICLE II -Koaber.hip
Section
Section
Section
Section
Section
Section
Section
I Membership
2 -Tran.fer .
3 -Voting Right ••
4 -CI ••• es of Voting Membership
5 -Special Voting Right. of Kember. Other Than Declarant
6 -Approval of All Kember ••.••.
7 -Approval by Each Cia •• of Member.. • •
ARTICLE III -Covenant for K.in~enaace A ••• lament.
Section
Section
Section·
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1 -Creation of the Lien ~ Perlonal Obligation
of A •••• 6meut. . . .
2 -Purpo.e of A •••• .-.ent.·. . . . .
3 -Regular AI.el..ent.. . • • • • •
4 -Capital t.provell:ent AII •• aunt ••
S -~.e • .ment Allocation.
6 -Certificate of Par-ent
7 -Exempt Property. . . •
8 -Special A •••• mentl •.
9 -Cable Televi.ion Service A'I •• sment.
10 -Date of Commencement of aegular A •• es~nt ••
11 -No Oft.et. . • . ..
12 -Homestead W.i~er
13 -R~.erve •.
ARTICLE IV -Nonpayment of AA,.lsaent.
Section
Section
Section
Section
Section
1 -Delinquency
2 -Notic. of Lien :
3 -For.cloture Sale
4 -Curing of Default
5 Cu.ulative Remediel.
'.
.
ARTICLE V -Architectural Control
Section
Section
Sect ion
Section
Section
Section
1 -Appointment of Architectural Committe.
2 -General Provi.ion. • • • • •
3 -Approval and Conformity of Plan ••
4 -Nonliability for Approval of Plans
5 -Appeal •••...•...••.
6 -Reconltruction After Destruction •
ARTICLE VI -Dutie. and Power. of the A.sociation
Section I -General Dutie. and Power.
Section 2 -General L~itatioD. and Restrictions on the
powers of the Board.
Section 3 -!alociation Rulet
Section 4 -Pledge of AA.es.ment Rights.
ARTICLE VII -Repair and Kaintenance
Section
Section·
Section
Sect ion
Section
Section
Section
1 -Repair and Kaintenance by A •• ociation
2 -Repair and Maintenance by Owner ...•
3 -Right of Aaloci.tion to Kaintain and Inleall
4 -Standardl for Kaintenance, Installation and Repair
5 -Right of Entry . • . . . • • • • . • .
6 -Kaintenance of Public utilities ....
7 -Assumption of Maintenance Obligations.
2-1
3-1
4-1
S-I
6-1
7-1
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91/8-24-79 CC&R's Island Lagoon Homeowner. ~8ociation
BA62a3-4 286-91 (3-6-81)
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ARTICLE VIII -Inaurance. , .
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1 Type.....
2 -Waiver by Kember ••
3 Other Ineurance. •
4 _ Premium., Proceeds and Settlement.
S -Annual Inlurance Review. • • • • •
6 Abandomaent of Replacement Cost Insurance
7 Federal Requ1r~ent8 • • • • • • • • • •
8 Tfuat...........········
9.'-Individual Caeualty Ineurance Prohibited
10 -Rights of Owners to Insure
11 Required Waiver_ • • ••••
. "
ARTICLE IX neatruct1ou·ol Improvements.
Section 1
Section 2
Section 3
Section 4
Section 5
Sectiou 6
Section 7
Section 8
Section 9
S.cti011 10
Section 11
Section 12
Section 13
Section 14
Section 15
Automatic Reconstruction • •
Reconstruction Purauant to Meeting
necil10n to Reconstruct; frocedure After Meeting
Decil10n Not to Reconstruct; Procedure After
Meetiq_ • • • • • • • • • • • • • • • • ..
Certificaee of Intention to Reconstruct.
Partition. • • • • • • • • • • •
Compliance with Cond01llinilllll Plan
Negotiations with Insurer. • •
llapair of Unit.. .. • • • • • • •
AIlendaeut of Cond01llinium Plan. •
aeconatruction of Coaounity Facilitiee and
ca..on Are.. • • • • • • • • • • .
AvaUebility of Labor and Keterial • •
Contracting for Reconstruction • • • •
Seventy-live Percent (75%) Vote Required
Co.t •. of Collecting Inaurance Proceed.
.'
ARttCLE X -Eminent Domain. • ••
1 -Definition of Taking
..
••. !-
Section
Section
Section
Section
Section
Section
2 Repre.entation by Board in
3 Avard for Cond01lliniua. • •
Condemnation Procaeding
Section
Section
Section
4
5
6
7
8
9
ARTICLE n
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
. ,
Inver.e Condemnation • • •
Revival of Right to Partition.
Avards for Memb~rs' Personal Property and
Relocation Allowances. • • • •
Notice to Members •••.••.
Change of Condominium Interest
Avard for Community Facilities
u •• Restriction.
Commercial Use
Signe
Nuisance •
Temporary Structures
Vehicle. • • • • . •
An1mala. • • • • • •
Oil and Kineral Rights
Uneightly It~.
Antennae
Drainage • • •
Garages. • • •
Window Covers.
California Vehicle Code.
Single-Family ReSidential.
Hard Surface Flooring. . .
8-1
9-1
10-1
11-1
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BA62a5-6 286-91 (2-25-80)
ARTIC1.E XlI
Section 1
Section 2
Section 3
ARTICLE XlII
Rights of Enjoyment • . • .
~mb.ra' Right of Enjoyment.
Delegation of Use,
Waiver of Use.
-Eas.enta.
Amendment to Eliminate Easements
Nature of Easements. • • • • • •
Section 1·
Section 2
Section 3
Section 4
Section 5
Section 6
Certain Rights and Eaaament8 aeserved to neclarant
Certain Easements for Owners • • • •
Certain ea_ementa for Aaaociation. •
Support, Settlement and Encroachment
ARTICLE XlV -Anneutiou • . . . . . . . . .
Sect1011
Section
Section
Section
Section
Section
1 -nevelopment of the Covered Property.
2 ADnu.tion Pursuant to Approval. • •
3 Suppl_.nt~ ..Declarationa • • • • •
4 Annexation Without Approval and Pursuant
to General Plath • '0 • • •
5 Mergere or Consolidations.
6 Limitaeion Upon Annexation
ARTICLE XV Right. of Lendera. • -. • •
1 Filing Notice; Noticee and Approvele
2 Priority of Mortgage Lien.
3 Curing Defaults. • ••••
4 a..ale....... ...
5 aelat1ou.hip with A8.e ••• ent Liena
S.ction
Section
Section
Secti;oD
Section
. Section
Sect'1011
Section
Section
Section
Section
Section
6 Seventy-Five Percent (75Z) Vote of Firat Mortgageea •
7 Other Righte of Fir.t Mortgagee. •
8,-Kortaag ••• Furnishing Information.
9 -Ri8ht of Firat Refusal • • • • •
10 Conflict..........·.··· ••
11 Notice of Destruction' or Taking. • • •
12 Payment of Taze. or Premiums by first Mortgagees
ARTICLE XVI -Effecta of Federal Program5
Section 1
Section 2
Section 3
FHA/VA • • • • • • •
fHA/VA Approval. • •
Regulatory Agreement •.• '
...
. .
12-1
13-1
14-1
15-1
16-1
ARTICLE XVII -Liaitation Upon the Right to Partition and Severance 17-1
Section 1
Section 2
Section 3
No Partition • • • • • • •
No S.veranc. • • • • • • •
Proceeda of Partition Sale
ARtICLE XVIII -Protection of the Project From Liena.
Section 1
Section 2
Section 3
Section 4
!asaci.tion to Defend Certain Actions.
Pa,.eDt of Lien. • • • • • • • •
OVnera to be Spocielly Asses.ed.
Retmbursement by Certain Owners,
(iv)
18-1
91/8-24-79 CC&R'.
BA62a7-8
Island Lagoon Homeowners Association
286-91 (7-11-80)
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ARTICLE XIX -General Provisions . . . • . . • . . . . . • . • .. 19-1
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
1 -Enforcement.
2 -No Waiver.
3 -Cumulative Remedies.
4 -Severability
5 -Covenants to Run With the Land; Term
6 -~onstruction
7 -Singular Includes Plural
8 -Nuisance
9 -Attorneys' Fees.
10 -Notices. ~
11 -Obligations of Declarant
12 -Effect of Declaration.
13 -Personal Covenant. '.'
14 -Nonliability of Officials.
15 -Enforcemmt of" Bonded Obligations.
16 -Leases •
17 -Construction By Declarant.
18 -Amendments
19 -Irvine Coast Country Club Indemnity.
EXHIBITS: A -Initial Covered Property
• J -"1.-
BA62.9
B -Initial Community Facilities
C -Annexation Area
D -Common Sewer Line
(v)
s s an
..
agoon omeowners SSOCla lon
286-91 (5-15-81) dau
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1
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I
I
I
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
Tract 9676
ORANGE COUNTY, CALIFORNIA
THIS DECLARATION is made this .±.-dey of IJ-t::.~, (/1 gj , by The Irvine
Company, a Michigan corporation. The Irv1~any: its successors sod assigns,
shall hereafter be referred to &s "Declarantll or "Irvine".
RECITALS
A. Declarant 1s the fee owner of the real property described in Exhibit A
to this Declaration, which shall be the initial Covered Property under this
Declaration, and the real property which may from time to time be annexed
pursuant to this Declaration and become a part of the Covered Property. This
Declaration 1s being impo8ed by Declarant upon the Covered Property_
B. Declarant haa deemed it desirable to establish covenants, conditions
snd restrictions upon the Covered Property and each and every portion thereof,
which will constitute a general scheme for the management of the Covered Property,.
and for the use. occupancy and enjoyment thereof. all for the purpose of enhanc·iDg
and· protecting the value, deairabilityand attractiveness of the Covered Property
and'enhancing the quality of life within the Covered Property.
C. It i8 desirable for the efficient management of the Covered Property
and the preservation of the value, deairability and attractivenesl of th~ Covered
Property to create a corporation 'to which should be. delegated and asSigned the
powers of managing the Covered Property, maintaining and administering the Commu-
nity Facilities and the ComoD Area and administering and enforCing these cove-
nants, conditions and restrictions "and collecting and disbursing funds pursuant
to the asaesament and cbarges hereinafter created and referred to and to perform
such.other acts .. shall generally benefit the Covered Property.
D. Island Lagoon Homeowners AsSOCiation, a nonprofit mutual benefit corpo-
ration, bas been incorporated under the lava of the State of california for the
purpose of exercising the povers and functions aforesaid.
All persons who purchase Residences within the real property designated as a
Project in this Declaration sba1l be Owners as defined herein, and sball thereby
automatically become Members of said Aaaociation and shall be subject to its
powers and jurisdiction. In addition, the purchasers of Residences located on
the other Proje.ct. annexed to the plan hereof pursuant to this Deciaration, while
not OWner. within the first Project, shall also automatically become Members of
said Aa.oc1&tion by virtue of certain Supplementary Declaratipns which Declarant
intand_ to record covering certain lands of Declarant, more particularly descri-
bed in this Declaration. Declarant intends that the Covered Property shall
conaist of the re.1 property designated as a Project in this Declaration togetber
with other Projects on other parcels of land on which Declarant intends to
construct Residence.. OWners within each Project shall share ownership of that
Project and said Aaaociation shall own certain Com=unity Facilities not contained
within any parcel owned in common by the Members. Except as otherwise expressly
provided in this Declaration, the rights, duties and obligations of all Members
of said Association muBt be determined with regard to the entire membership of
~~~~~~~~C~&~R~.:-................... R_ .. l"I~.~a~n~'La~g~O~O~n~Ho~me~o~wn::e:r:.~~.~o~c~a~t~o~n~
BA62alQ-U 286-91 (2-2~80)
said Asaociation and not just with regard to those Members who are Owners in any
particular Project. The foregoing shall not require Declarant to annu any real
property to the plan of this Declsration.
E. Declarant will hereafter hold and convey title to all of the Covered
Property subject to certain protective covenants, conditions and restrictions
hereafter set forth.
NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of
its interest 8a the same mAy froll time to time appear in the Covered Property
shall be beld and conveyed subject to the following covenants, conditions,
restrictions and easements which are hereby declared to be for the benefit
of said interest~ in the Covered Property, and the owners of said interests,
their suece.asors and UlS1gns-. These covenants, conditions, restrictions and
eaements shall run with .aid interests and .hall be binding upon all parti ••
having or acquiring any right or title in said interests or any part thereof,
and shall inure, to the. benefit of each owner thereof and are imposed upon
said interests and every part thereof u a servitude in favor of each and
every of said interes tl as the dominant tenement or tenements.
91/8-24-79 CC&R'.
BA62a12'
R-2
Island Lagoon Homeowners Association
286-91 (8-21-79)
.)
Section 6. "A.,ociation Rules" sh.ll mean rule! adopted by the A •• oci.tion
pursuant to the Article hereof entitled "Duties and Pavers-of the A •• oci.ation".
Section 7. ItBoard" shall mean the Board of Directors of the A •• oci.tioD •
Section 8. "City" sh.ll mean and refer to the City of Newport Beach, California,
a municipal corporation of the State of California.
Section 9. IICommon Are.1I Ihall mean .11 portions of the Projects except the
Units and, without limiting the generality of the foregoing, .pecific.lly includ-
ing .11 structural projections within a Unit which .re required for the support
of a Condominium Building, g •• , water, w.ate pipea, .11 lewera, all duct.,
chute., conduits, wire. and other utility in.tall.tion. of the atructure. wherever
located (except the outlet. thereof when located within the Units), the land upon
which the structurel are located, the aie .pace above these structures, all
bearing walls, columnl, floors, the roof, the slab foundatiou, common stairways,
window glasl and the like.
Section 10. "Cou-an Expenses" shall mean and refer to the actual and estimated
costs of:
(a) maintenance, management, operation, repair and replacement of the
Common Area, Community Facilities, and all other areas which are maintained by
the AI.ociatioD;
(b) unpaid Aa.e.saentl~
(c) maintenance by the A~lociation of areas within the public right-of-way
of public streets in the vicinity of the Covered Property a. provided in this
Declaration or pursuant to agreement I with the City;
(d) costs of management and administration of the Association, including,
but not limited to, ca.pensation paid by the Association to manasers, account-
ants, attorneys and eaployees;
(e) the cost. of utilitie., tralh pickup and dilpolal, gardening and other
services which generally benefit and enhance the value and desirability of
the Covered Property including, without limitation, the cost of operating and
maintaining a private sewer system;
(f) the cost. of fir., c.lualty, liability, workmen'. compensation and
other inlurance cover ina the Community Facilities and the Common Area;
(g) the costs of any other insurance obtained by the Asaociation;
(h) realonable relerves .s deemed appropriate by the Board;
(i) the costs of bonding of the memberl of the Board, any profeslional
managing agent or any other person handling the funds of the A.sociation;
(j) tax •• paid by tne Association;
(k) amounts paid by the ASloeiation for dilcharge of any lien or encum-
brance levied against the Community Facilitiel or Common Area or portions
thereof;
(1) eDits incurred by the Architectural Committee Or other committees
establi.hed by the Board;
(m) coats of security guards, guard gates and/or key gates at entrances to
the Covered Property froa the public streetl, and any other security syst~ or
services inltalled by or contracted for by the Alsociatl0n;
(n) COlt of maintaining and administering the water quality progrma
approved by the City, which includes, ~vithout limitation, the cleaning and
maintenance of the parking and street areas, the grease interceptorl or other
devices which have been installed to trap runoff debris:
91/8-24-79' CC&R'.
BA62al5-16
1-2
Island Lagoon Homeowners Association
286-91 (3-6-81)
(0) other expenses incurred by the Association for any reason whatsoever in
connection with the Community Facilities and the Common Area, or the costs
of any other item or items designated by this Declaration, the Articles, Bylaws
or Association Rules, or in furtherance of the purposes of the Association or in
the discharge of any duties or powers of the Association.
Section 11. "CotImalnity Facilities" shall mean all real property, and the improve-
ments thereon, owned or leased from tUne to t~e by the Association for the
common use and enjoyment of the Members, including without limitation any of the
following: guard gates and key gates, private storm drains, private streets,
private utilities, private parks, open space&, trails and slopes. Upon the date
of the first conveyance of a Residence to an Owner, the Community Facilities
shall be that certain property described on Exhibit B. Any real property denomi-
nated a_s "Community Facilities" in a Supplementary Declaration shall be conveyed
to the Association prior to or concurrently with the first conveyance of a
Residence located ~ithin the real property which is annexed to the coverage
hereof by such Supplem~ntary Declaration. Declarant shall convey the Community
Facilities to the Association free of all liens and encumbrances except current
real property taxes (which taxes shall be prorated as of the date of conveyance),
title exceptions of record and the covenants, conditions, reservations and
restrictions contained in this Declaration and the instrument which conveys the
C~nity Facilitie. to the A.sociation. ,
Section 12. "Condominium" shall mean a fractional undivided interest in common
with the other Owners within a Project in the Common Area of such Project,
together with a separate interest in a Unit and all right, title and interest
appurtenant thereto. Sucp fractional undivided interest in common of each Owner
shall be a. described in the in.trument conveying a Condominium to such Owner and
sh.ll not be changed except as provided in the Section entitled "Amendment of
Condominium Plan" of the Article hereof entitled "Destruction of Improvements"
and the Section entitled "Change of Condominium Interest" of the Article hereof
entitled ''!minent Doatain. II
Section 13. IICondominium Building" shall mean a separ.te building containing one
or more Units or elements of Unit •.
Section 14. IICondcainil.D Elements" sn.ll mean the foll.oving element. of a Unit:
(a)
.hall be
"Deck." ~hall mean that portion of a Unit designed for use a. a ,deck and
identified on the Condominium Plan by a Unit number .nd the letter "011 ,
(b) "!ntryll sh.ll'mean that portion of a Unit designed for use as .n entry
and shall be identified on the Condominium Plan by a Unit number and ·the letter
"E", and sh.ll consist of the contiguous surfaces of any COmmon Are. walla ot'
fences, the surfaces of the wall. of contiguous Condominium Buildings, with the
upper and lower l~it. being as shown on the Condominium Plan and the spsce and
the ·land encomp.ssed by all of the foregoing. In the event that the contiguous
Common Area land or improvements do not completely enclo.e the Entry Element, the
remaining boundaries of the airspace contained within said Entry Element shall be
as delineated on the CondominiUm Plan.
(c) "Carage" shall mean that portion of a Unit designed for use as a
garage, and shall be identified on the Condominium Plan by a Unit number and the
letter "Gil and shall consist of the interior undecorated surfaces of the perime-
ter wall., floors, ceiling., windows (if any) and doors of each Garage element
and the space encompassed thereby, including the outlets of all utility installa-
tions therein. I
(d) "Yard tl shall mean that portion of a Unit designed for use as a yard
recreational, gardening and/or landscaping area and shall'be ~dentified on the
Condominium Plan by a Unit number and the letter "yn and shall consist of the
contiguous lurfaces of any Common Area walls or fences, the surfaces of the walls
of contiguous CondOMinium Building., with the upper and lover horizontial boun-
daries of the Yard element being plane! above and below the surface of the land
as shown on the Condominium Plan, and the space and the land encompaseed by alt
of the foregoing. In the event that the contiguous Common Area land or ~prove
ments does not completely enclose the Ysrd element, the ramaining boundaries of
the airspace contained within said Yard element shall b. as delineated on the
Condominium Plan.
91/8-24-79 CC&R'.
BA62.17-18
1-3
Island Lagoon Homeowner! Association
286-91 (3-6-81)
· (.) 1IB. •• ident.ial Element" shall mean that portion of a Unit d.signed for
u •• a. a re.idence. and shall be identified on the Condominium Plan by a Unit
number only and shall consi.t of the i~terior undecorated surfaces of the perim-
eter vall., -floor., ceilings, windows and doors of each Re.idential Element and
the .pace encampa •• ed thereby, including the outlets of all utility installation.
therein and .lso including the interior surfaces of the firebox of each fireplace
extending from the floor to the top of each fireplace. if any, and the space
encompa.sed thereby, which adjoins any Residential Element.
Section 15. "Condominild Plan" shall mean each of thOle certain condominium plans
~ecorded by Declarant in the Office of the County Recorder of Orange County,
California for the Pr.ojectl and any aen.dmentl thereto.
In interpreting deeds, le.ses, declarations and plana, the exi.ting physical
boundaries of a Unit con.tructed in substantial accordance with the Condominium
Plan .ball be conclu.ively presumed to be its boundariel rather than the descrip-
tion expr~ •• ed in the 4eed, lease, declaration or plan,.regardle •• of settling or
lateral movement of the buildfng and regardless of minor variances between
boundaries as shown on the plan or in tbe deed, lea.e. or declaration and tho.e
of the building al con.tructed.
Section 16. ItCovered P1:operty"' sh.ll mean and refer to all the real property
de.cribed on Exhibit A hereto and. sub.equent to the annexation thereof pursuant
to the Article of this Declaration entitled "Annexations", any real property
which may become subject to this Declaration.
Section 17. ItDevelopment" .hall mean and refer to the real property de.cribed on
Exhibit. A and C.
Section 18. IIExhibit lt Iball mean and refer to those documents so de.ignated
herein ana attached hereto and each of .uch Exhibit. is by thi. reference
incorporated in tbi. Declaration. ~ additional property ia annexed purluant to
the Article entitled "Annuationa ll of thi. Declaration, exhibit •• imilar to the
exhibits attached to thi. Declaration may be attached to .uch Supplementary
Declarations pertaining to the annexed property, and eacb of such exhibit. shall
thereby be incorporated in thil Declaration.
Section 19. "rmil,." Ihall mean one or more per,oDs related to each other by
blood, marriage, or legal adoption, or a group of not more than tbree person.
not all 10 related, together with hi. or their dome.tic servants, maintaining a
common houlehold in a Relidence.
Section 20. IIFederal Agenciea u shall mean and refer to collectively one or
more of the following agencie. and the following letter de.igaation for such
agenciel shall mean and refer to relpectively the agency specified within the
parentheses following luch letter delignation: FHA (Federal Hou.ing Adminis-
tration), FaLKC (Federal Home Loan Mortgage Corporation ), FNKA (Federal
National Mortgale AI.ociation), GNHA (Government National Mortgage A •• ociation),
VA (Veteran. Administration).
Section 21. "Final Sub4ivi.ion Public Report ll shall refer to that report i:uued
by the Department of Real Eltate of the State of California purluant to Section
11018.2 of the California BUlinel1 and Professiona Code or any .imilar statute
hereafter enacted.
Section 22. uMember ll .hall mean and refer to every person or entity wbo qualifies
for memberlhip pur.uant to the Article of this Declaration entitled l'MembershipllJ
including Declarant '0 long .a Declarant qualifies for member.hip pursuant to
said Art ic Ie.
Section 23. "Mortgage ll shall mean and refer to any duly recorded mortgage
or deed of trust encumbering a Residence. A IIFirst Mortgage" shall refer to a
Mortgage which has priority over any other Mortgage encumbering a specific
Residence.
91/8-24-79 CC&R'.
BA62a19-20
1-4
Island Lagoon Homeowners Association
286-91 0-6-81)
Section 2~. "Mortgagee ll shall mean and refer to the mortgagee or beneficiary
under any Mortgage. A "First Mortgagee" shall mean the holder of a Mortgage that
has priority over any other Mortga&e encumbering a Residence.
Section 25. "Owner'l shall mean and refer to on.e or more persons or entities
who are alone or collectively the record owner of a fee simple title to a
Residence, including Declarant, or the vendee under an installment land sales
contract, but excluding those having any such interest merely as security for the
performance of an obligation. If a Residence is leased by Declarant for a term
in excess of twenty (20) years and the lease or memorandum thereof is recorded,
the lessee or transferee of the leasehold interest and not the Declarant shall be
deemed to be thOe Owner. If fl!!"e title to a Residence is owned other than by
Declarant, the Owner of the fee title and not the lessee of such Residence shall
be deemed the Owner regardless of the term of the lease.
Section 26. "Pha~e" shall mean and refer to each increment of the Covered
Property on which the~Department of Real Estate of the State of California has
issued a Final S~bdivision Public Report.
Section 27. "Project" shall mean each portion of the Covered Property for which
Declarant records a separate Condominium Plan in the office of· the County Recorder
of Orange County, California, and which Declarant designates as a Project in this
Declaration or in a Supplementary Declaration. The real property and all Lnprove-
ments constructed thereo~ known as Lots 4, ; and 15 of·Tract 9676 as per map filed
in Book 482, Pages 1 to 6 incluaive, of Miscellaneous Maps in the office of the
County Recorder of Oran~e ~oun~y, California is hereby designated as a Project.
Section 28. "Residencell shall mean and'refer to a Condominium and shall spe-
cifically not include any Community Facilities.
Section 29. "Restricted COtI:!1IIon Area" shall mean those portions of the COmm<)n
Area which, subject to the rights of the ASlociation and Declarant, are reserved
for the exclulive ule of the ~ers of particular Units within th~ Project des-
ignated tn thi~ Declaration or a Project designated in a Supplementary Declara-
tida. The Restricted Common Area and the Units, the Owners of which shall be
entitled to such exclusive use thereof, are identified on the Condominium Plan as
followl:
(a) "Driveway" ,hall be identified by the letter "R", the unit number, and
the letter "Oil j
(b) "Side Yard" (also referred to herein as "Coanon Area Yard") shall be
identified by· the letter IIR", the Unit number J and the letters IlSyn, and is
reserv.d for the exclusive use of the Owner of a particular Unit in the Project
to be delignated in the 'Supplementary Declaration covering the adjoining prop-
erty. ·The Unit number within such adjacen·t Project is shown on the Condominium
Plan,,· The COD!lOn Area Yard shall be used for yard recreational, gardening and/or
land'caping area to the same extent a. a Yard Cdhd~minium Element.
Section 30. "Supplementary Declarationll shall mean those certain declarations
of covenants, condition., and restrictions or similar instruments I annexing
additional property extending the plan of this Declaration to such additional
property al provided in the Article of this Declaration entitled "Annexations".
Section 31. "Trulteell .hall mean and refer to the insurance trustee as more fully
described in the Article hereof entitled "In.urance."
Section 32. "Unit" .hall mean the element of a Condominium not owned in common
with the Owner. of other Condominium. in a Project aad sball coe.i.t of a Reli-
denti.l Element together with one or more Condominium Elements set forth in
this Article. Each Unit shall be identified on the Condominium Plan with a
separate number.
91/8-24-79 CC&R'.
BA62a21-22
1-5
Island Lagoon Homeowners A •• ociation
'l86-Ql (~-I~-Al' " •• ,
. --.. _ ... ----------------_.-._._, ,
r )
ARTICLE II
IlEllBERSHIP
Section 1 -Membership. Every Owner 'hall be a Member and no Owner aball h.ve
~e than one (1) member.hip. The te~ and provisions set forth in this Declar-
ation, which are binding upon all Owners are Qot exclusive, as Owners .hall, in
addition, be subject to the te~ and provisions of the Articles, Bylaws and
AI.oeiation Rules to the extent the provisions thereof are not in conflict with
t.his Declaration. Membership of OWners shall be appurtenant to .ad may not be
separated from the intereat of such Owner in any Re.ide~ce. OWnerahip of 4
Residence shall be the lole qualification for member.hip.
Section 2 -Transfer. The membership held by any Owner Ih.ll not be tran.fer-
red, pledged or alienated in any way, except that such membership ,hall automati-
cally be tran.ferred "to the transferee of the interest of an Owner required for
membership. Any attempt to make a prohibited tranafer is void and will not be
reflected upon the books and record. of the Association. The Association shall
have the right to record the transfer upon the books of the Association without
any further .ction or cou.ent by the tr.nsferring OWner.
Section 3 -Voting Risht.. "An Owner's right to vote shall ves~t immedi.tely upon
the d.te Regular Aa.e.-=entl c~nce upon such Owner's Residence a. provided in
thi. Declaration. All voting rights shall be subject to the restrictions and
limitation. provided herein and in the Articles t Bylaws and Association Rulea.
Section 4 -CI.".s of Votial MemberShip. The Association shall have two (2)
classes of voting membership.
'Cla •• A. Claa. A Members .h.ll be .11 OWners with the exception of the
Declarant -for aa long aa there i •• CIa •• B membership. CIa •• A Members
shall be entitled to one (1) vote for each Reaidence in which they hold the
intereat r.quired for membership. When more tban one person own8 a portion
of the inter •• t in • Residence required for membership, eack such person
.hall be a Member and the vote for auch Residence sball be exercised .s they
.. ong th~elve. determine. but in no event Ihall more than one (1) CIa •• A
vote b. c •• t with respect to any Re.idence. The A •• ociation shall not be
required to reco;nize the vote or written a.sent of any such co-owner except
the vote or written •••• nt of the co-Owner de.ignated in • writing executed
by all of .uch co-Owner. and delivered to the Association.
CIa •• B. The Cl.a. B Member shall be Decl.rant. The Class B Member shall
be entitled to three (3) votes for each Residence in which it holds the
interelt required for membership; provided that the Class B membership
shall forever cea.e and be converted to Class A Membership on the happening
of one of the following eventl, whichever occur. earlier:
<a) When the total vote. outstanding in the Class A Membership equals
the tot.l vote. out.tanding in the CI •• s B Membership;
(b) The l.cond anniversary of the original iS8uance of the most
recently baued Fin.lFSubdivi.ion Public Report for a Phase of the Covered ..
Property, or
(c) Th. date of the fourth (4th) anniversary of the original issuance
of the Final Subdivision Public Report for the first Phase of the multiphase
development.
Section 5 -Special Voting Rights of Members Other Than Declarant. Notwith-
standing the pravi.ions of this Article, from the first election of the Board,
and thereafter for so long a. a majority of the voting power of the Association
resides in the Declarant, or so long as there are two outstanding classes of
membership in the A8sociation, not le88 than twenty percent (20%) of the
director. on the Board shall have been elected SOlely by the votes of Members
other than Declarant.
91/8-24-79 CC&R'.
BA62a23-24
2-1
Island Lagoon Homeowners Association
286-91 (3-6-81)
I
I
!
~(
Section 7 -Approval of All Members. Unless elsewhere otherwise specifically
provided 1n this Declaration, any provision of this Declaration which requires
the vote or written assent. of a specified majority of the voting power of the
Association or any class or classes of membership shall be deemed satisfied by
the following:
<a> The vote in person or by proxy of the specified percentage of all
of the votes which are entitled to be cast by the entire m~bersbip of the
Association. Said vote shall be at meeting duly called and noticed pursuant to
the prOVisions of the Bylaws dealing with annual or special meetings of the
Members.
(b) Written conseuts signed by the specified percentage of all of the
votes which are entitled to be cast by the entire membership of the Association.
Said vote by written consent shall be solicited pursuant to the procedures
provided in the Bylaws.
Section 8 -Approval by Each Class of Members, Except for the Section entitled
"Enforcement of Ronded Obligational! of the Article entitled ltGeneral Condition.1I
of this Declaration, and as long as there i. a Clas. B membership, any provi4ion
of this Declaration which expressly require. the approval of a specified per-
centage of the voting power of the Association before being undertaken, shall
require the approval of said specified percentage of each of tbe Class A and
Claas B meaberahip.
91/8-24-79 CC&R'.
BA62.25
2-2
Island Lagoon Homeowners Association
286-91 (7-11-80)
."'l I
()
ARTICLE III
COVENANT FOR !IAlIITEliANCE ASSESSMENTS
Section 1 -Creation of the Lien and Personal Obligation of Assessments. Each
OWner including the Declarant to tne extent Declarant 18 an OWner as defined
herein, of ·any Residence by acceptance of a deed or other conveyanca, creating in
such Owner the intereat required to he deemed an Owner, whether or not it ahall
be 80 expressed in any Buch deed or other conveyance, 1s deemed to covenant and
agree to pay to the Association: Regular Aaae881Uuts, Special AsseSBlIlents,
Capital Lmpravement Assessments, Reconstruction Assesaments, and cable Television
Service Assessments, 1f applicable, such Aa.ssamants to be fixed, established and
collected from time to time as provided in this Declaration. The Assessments,
together with interest thereon, late cbar8.8~ attorneys' feea and court costs,
and other costa of collection thereof, aa heretnafter prOVided, shall be a
continuing lien upon ·the Residence againat which each sw:h !asessmene is made.
Each such Aasesament, together with such interest, late ehargea, coats and
attorney.~ fees. shall also be the personal obligation of the OWner of 6ucb
Residence at the tiDe when the Assesament becames due. The personal obligation
shall not pa •• to the successors in title of an OWner unless ezpreasly assumed by
such succ ... ora.
Sectiou 2 -Purpoee of Uee8&lHnts. The !aae •• enta levied by the Mlociation
shall ba used exclusively for the purpose. of promoting the recreation, health,
safety and welfare of the Members, the management of the Covered Property,
eDhancing the quality of life in the Covered Property, and the value of the
Covered Property including, without It=1tation. the ~rovea.nt and maintenance
of the Covered Property,_ I.rvice. and faciliti .. devoted to this purpose and
related to the use and euj oyaent of the C01DDlUl11ty Facilitie. and Col:lllaOn Area, or
in furtherance of any other duty or power of the Alaoci.tion.
Section 3 -Ra8ular Aoaeaaments. Not later than sixtr (60) dar" prior to the
beginning of e.ch fiscal year, the Board shall distribute to each Kamber a pro
forma operating atatuant or budget for the upcoming fi.cal year which .hall,
among other things, .stimate the total Cammon Expenae. to be incurred for luch
fiscal rear. The Baard .bal.l at that tirla: determine tha _aunt of the Regular
A.asa.lIlUnt to be. paid br oach lIamher. Each !!amber .bal.l thereafter par to
the Aslociation hi_ Regular Asee.ament in inetallment. as establiabed by the
Board. Each such 1n8tallllent .hall be due and payable on a data .. atabUshed by
the aoard in the written IlOtil:. sent to Kambert.. In the went the Board .shall
determine that the eatt.ate of total charges tor the current year is, or vill
become inadequate to meet all Common Expenaes for any reaBoD, it shall then
immediately determine the approximate amount of such inadequacy and isaue a
supplemental e.at1Jlate of the CoIllllOU Expenses and determine the ravised amount of
Regular la.saRent againat. each Kember, and the data or dates when due. The
Regular Aasea.ment& for the fiscal year following the conveyance of the first
Residence by Declarant shall be the amount as set forth in the originally issued
Final SubdiviSion Public Report for such first conveyance.
After the Association'. first fiscal year of operation, it shall not fmpose a
Regular Aa8 •• ~Dt which is increaaed more than the greater of (l) twenty percent
(20%) over the amount of the Regular A.a.es .... ent in the 1lIImediatelr preceding
fiscal year, or (11) the percentage increase 8S compared with the previous fiscal
year iD. the. U.S. Bureau of Labor Statutics, Loa Angeles-Long Beach-Anaheim,
Consumer Price Index for all Urban Consumers" or any similar index substituted
therefor, without the vote or written assent of a majority of the Applicable
Voting Paver.
Section 4 -Capital Improvement Assesa-ments. In addition to the Regular
Asaessmene&, the Aasociation may levy in any calendar year, a capital Improve-
ment Aalessment applicable to that year only, for the purpole of defraying,
in whole or in part, the cost of any construction or replacement (other than
due to destruction) of a described capital improvement upon the Common Area
or Community Facilities to the extent -the same i8 not covered by the provisions
affecting Reconstruction Assessments in the Article hereof entitled '~estruction
3-1 ,~~~~~~~~~~~ 91/8-24-79 CC&R'a Island Lagoon Homeowners Association
BA62a28-29 286-91 (7-11-80)
-----. --.-----------:--.. --.----..
of Improvements", including the necessary fixture. and peraonal property related
thereto. The Association shall not impose a Capital Lmprovement A.ses~ent,
the total amount 9f which exceeds five percent (5%) of the estimated Common
Expenses, a. set forth in the Section of this Article entitled "Regular Assess-
ments ll , without the approval of a majority of the Applicable Voting Power. A:ny
reserves collected by the Association for the future maintenance and repair of
the Community Facilities and Common Area, or any portion thereof, shall not be
included in determining said annual capital ~provement limitation. All amounts
collected as Capital Improvement Assessments may only be uled for capital
improvements and shall be depo.ited by the Board in a separate bank account to be
held in trust for such purposea. Said funds shall not be commingled with any
other funds of_the A.sociation and shall be deemed a contribution to the capital
account of the A.sociation by the Members.
Section 5 -Assessment Allocation. Regular .nd Capital Improvement Asses~ents
and Reconstruction A •• e.aments levied in the event of de.truction to Community
Facilities only or Common Area other than Condominium Buildings shall be fixed at
.n equal amount for each Re.idence and may be collected at intervals .elected by
the Board.
Recon.truction A •• esaments for a destruction of Condominium Buildings shall be
determined for each affected Residence by multiplying the total amount required
to be collected from the Affected Owner. pursuant to the Article hereof entitled
"Destruction of Improvements ll by a fractfon, the denominator of which is the
total square feet of living area for all Residence. within the Project in which
recon.truction i. undertak"en; and the numerator of which i. the total square feet
of living area of the appropriate Residence for which such Recon.truction
A.sessment i. being determined.
Section 6 -Certificate of Payment. The A •• ociation ,hall, upon demand,
furni.h to any Member liable for A.ses.ments, ~ certificate in writing signed
by an officer or authorized agent of the A.sociatioD, .ettins forth whether the
A •• e.s-entl aD a -.pecified Re.idence have been paid, and the .mount of delin-
quency. if any. A rea.onable charge not to exceed Fifteen Dollars ($15.00) may
be collected by the Board for the il.uance of the.e certificate.. Such certifi-
cate •• hall b. prima facie evidence of payment of any AI.Se'dent therein stated
to have been paid.
Section 7 -Exempt Property. All properties dedicated to .nd accepted by, or
otherwise owned or acquired by. a public authority shall be exempt from the
ASlessments created herein.
Section 8 -Special A •• e.Stlent.. Special As.el.mentl shall be levied by the
Board againlt a Re.idence to re~burse the A.sociation for:
(a) COle. incurred. in bringing an Owner and hi. Residence into
compliance with the provi.ionl of this Declaration, the Article., the
Bylaws or A •• ociation Rule.;
(b) an1 other charge de.ignated a. a Special A'les~ent in this
Declaration, the Article., Bylaw. or Association Rule'i and
(c) attoroey.' fee., interest and other charge. relating thereto
a. provided in tbi. Declaration.
In the event the A •• ociation undertake. to provide materials or services which
benefit individual Relidencel and which can be accepted or not by individual
Owners, such .•• tree trimming, luch Owners in accepting such materials or
service. agree that the COlts thereof .hall be a Special As.es~ent. In the
event & Special A •• ea.-ent i. to b. levied against all Residence. unle •• other-
wiae set fort~ herein, .aid Special A.ses.mentl shall be fixed at an equal amount
for each Residence.
91/8-24-79 CC&R'.
BA62bl-2
3-2
Island Lagoon Homeowners A.soctation
286-91 (3-6-81)
.~
)
Section 9 -Cable Television Service Assessment. In the event the Board elects
to contract for cable television service, Gable Television Service Assesaments
shall be leVied by the Board againat the Owners who have subscribed with the
Aasociat1on.for such service. In such circumstances, the cable Television Service
Assessment shall commence as to such Owner on the first day of the month follow-
ing the month in which he 80 subscribes and shall continue against such Owner and
any subsequent transferee of his Residence until the first day of the month
follOwing the month in which. any such Owner or transferee no'tifies the Board in
writing that be no longer wishes to subscribe to such service, or the month in
which the Board elects to cancel the Association's contract for cable television
service.
Section 10 -Date of Commencement of Regular Asses~nts. The Regular Assess-
ments shall commence as to all Residences within a Phase on the first day of the
month following the first conveyance of a Residence within such-Phase.
In. the event the amount budgeted to meet Common Expenses for the then current
year proves to be excessive in light of the actual Common Expenses, the Board
in its discretion may either reduce the amount of tbe Regular Assessment or may
abate collection of Regular Assesaments a8 it deems appropriate. Until such time
as the Class B Membership has cealed and been converted into Class A Membership,
in no event shall a reduction in the amount or the abatement in the collection of
Regular Assessmenta pursuant to this Section r~sult in a quantity or quality of
services diminished froa those upon which the Common Expense budget for the year
in question is based.
Section 11 ~ No Offs.ts. All Assessments snall ba payable in th. amount speci-
fied by the Assessment and no offsets againlt such amount shall be permitted
for any reason, including, without ltmdtation, a claim that (1) the Association
11 not properly exerCising its duties and powers as provided in this Declaration;
(11) • Kamber has made or elects to uke no use of tbe Co_on Ar~ or COumunity
'acilities; or (iii) any conatruction or maintenance performed purauant to the
Section entitled. "Assumption of Maintenance Obligations" of the Article entitled
IlRepair and KaintenanceU of this Declaration shall in _y way poatpone Aaeesements
or entitle a Meuber to claim any such offset or reduction.
Section 12 -Homestead Waiver. Each Owner, to the extent permitted by law, does
hereby waive, to the -extent of any lieu created pu.r.euant to thia Declaration,
whether such liens are now in existence or are created· at auy time in the future,
the benefit of any homestead or exemption lava of the State of California now
in effect, ·or in effect fro. time to time hereafter.
Section 13 -Reserves. The Regular Assesaments shall include reasonable amounts
as determined by the Board collected as reserves for the future periodic mainte-
nance, repair or replacement of all or a portion of the Community Facilities and
Common Area, or any other purpose as determined by the Board. All amounts collected
&8 reserves, whether pursuant to this Section or otherwise, shall be deposited by
the Board in a separate bank account to b. held in trust for tbe purposes for
which they are collected and are to be segregated from and not commingled with
any other funds of the Association. Such reserves shall be deemed a contribution
to the capital account of the Association by the Members.
91/8-24-79 CC&R's
BA62b3-4
3-3
Island Lagoon Homeowners Association
286-91 (2-25-80)
.,
ARTICLE IV
NONPAYMENT OF ASSESSMENTS
Section 1 -Delinquency. Any A8ses~ent provided for in this Declaration which
is not paid when due shall be delinquent on said date (the "delinquency datel!).
If any such Assessment is not paid within thirty (30) days after delivery of
notice of such delinquency from the Association, a late charge of Ten Dollars
($10.00) shall be levied and the Assessment shall bear interest from the delin-
quency date at the highest rate of interest authorized under California law.
The Association may, at its option, and without waiving the right to judicially
foreclose its lien agaiost the Residence, pursue any available remedies, includ-
ing, without limitatioD, bringing an action at law against the Member personally
obligated to pay the same, and/or upon compliance with the notice provisions set
forth in the Section entitled "Notice of Lien" of this Article to foreclose the
lien against the Residence under the power of sale granted herein. If action is
commenced, there shall be added to the amount of such Assessment the late charge,
interest, the COlts of, such action, and attorneys' fees incurred in connection
with such action; and in the event a judgment is obtained, such judgment shall
include said late charge, interest and attorneys' fees, together with the costs
of action. Each Member vests in the Association or its a.signs, the right and
power to bring aLL actions at l&~ or any lien foreclosure against .uch Member or
other Members for the collection of such delinquent As.essments.
Section 2 -Notice of Lien. No action shall be brought to foreclose said
Assessment lien or to proceed under the power of sale herein provided until
thirty (30) days after the date's notice of claim of lien is deposited in
the United States mail, certified or registered, poltage prepaid, to the Owner
of said Residence, and a copy thereof is recorded by the Association in the
office of the County Recorder in which County the properties are located; .aid
notice of claim of lien must recite a good and sufficient legal description of
any such Residence, the record Owner or reputed Owner thereof, the «mount
claimed [which shall include interest on the unpaid Asses~ent at the highest
rate of interelt authorized under California Law, a late charge of Ten Dollars
($10.00), plu. rea.onable attorney.' fee~ and expenses of collection in
~onnection with the debt secured by laid lien}, and the name and address of the
claimant.
Section 3 -Foreclosure Sale. S"aid Assessment lien may be enforced by sale
by the As.ociation, it. attorney or any other person authorized by the Board
to make the sale after failure of the Owner to make the payments specified in
the notice of claim of lien within said thirty (30) day period. Any such sale
provided for above is to be conducted in accordance with the provisions of
Sections 2924, 2924b, 2924c, 2924f, 2924g and 2924h of the Civil Code of the
State of California as said statute. may from time to time be amended, applicable
to the exerci.e of powers of sale in mortgages and deeds of trust, or in any
other manner permitted or provided by law. The A,sociation, through its duly
authorized agents, shall have the power to bid on the Residence, using Associa-
tion funds, or fund. borrowed for .uch purpose, at the sale, and to acquire and
hold, lease, mortgage and convey ~he same.
Section 4 -Curing of Default. Upon the timely payment or other satisfaction
of: (a) all delinquent A.sel.ments specified in the notice of claim of lien,
(b) all other A •• e.sments which have become due and payable with respect to the
Residence a. to which luch notice of claim of lien was recorded, and (c) inter-
est, late chargel , attorneys' fees and other costs of collection pursuant to this
Declaration and the notice of claim of lien which have accrued, officers of the
ASlociation or any other person. designated by Board are hereby authorized to
file or record, a. the cas. may be, an appropriate release of such notice" upon
payment by the defaulting Owner of a fee, to be determined by the Association,
but not to exceed Twenty-five Dollars ($25.00) to cover the costs of preparing
and filing or recording such release.
Section 5 -Cumulative Remedies. The Assessment lien and the rights to fore-
closure and sale thereunder shall be in addition to and not in substitution for
all other rights and r~edies which the Association and it. assign. may have
hereunder and by law, including a suit to recover a money judgment for unpaid
Assessments, as above provided.
91/8-24-79 CC&R'.
BA62b5-6
4-1
.. -. --~-"----."--~"-----~---~--,,-.
Island Lagoon Homeowners Association
286-91 (3-6-81)
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ARTICLE V
ARCHITECTURAL CONTROL
Section 1. -Appointment of Architectural Committee.
(.) The Architeceural Committee shall consist of Dot Ie •• than three (3)
nor more than five (5) persona a. fixed from time to tLme by resolution of the
Board. '.
(b) Irvine ahall initially appoint all of the members of the Architectural
Committee and shall retain the right to appoint, augment or replace .11 members
of the Architectural Committee until the first anniversary of the i.suance of
the original Final Subdivision Public Report (hereinafter tlPirlt Final Subdivi-
sion Public Report").£or the first ph.se of the subdivision which is de.cribed
on Exhibit A. Irvine relerves the power to appoint the majority of the members
of the Committee until ninety. percent (90%) of the Residence. within th~ Develop-
ment have been conveyed by the Declarant or until the fifth &nniver.ary of the
issuance of .the Fir.t Fina~ Subdiviaion Public aeport, whichever occurs earlier.
(c) After one (1) y.ar fallowing the i.luence of the First Final Subdivi-
sion Public Report, the Board .hall have the right but not the obligation to
appoint one (1) member to the Architectural Com.ittee until ninety percent (90%)
of the ie.idencel within the Developaent have been conveyed by Declarant, or
until the fifth ~aiver.ary of the i •• uence of the Firlt Final Subdivi.ion Public
Report, whichever occur. earlier. After the fifth anniver.ary of the i •• uance of
the First Final Subdivilioa Public Report, or when ninety percent (90%) of the
Residences within the Development have been conveyed by Declarant, whichever
occurs earlier, the right to appoint, augment or replace all ~mber. of the
Architectural Coaaittee ahall automatic.lly be tr.nlferred to the Board.
(d) Per. on. appointed by the Board to the Architectural Committee must be
Member.; however, perlon •• ppointed by Declarant to the Architectural Co=-ittee
need not be M~berl, in Declarant t • sale di.cretion.
Section 2 -General Provilion ••
(a-> The Architectural. C~ttee may e.tabliah reaaonable procedur.l rules
in connection with r.vi~ of plana and specification. including, without limita-
tion, the n~ber of .eta of plan. to be .ubmitted; and say •••••• a fee not to
exceed Fifty Dollar. ($SO.OO) per submission of pl.ns, however, the Archi-
tectural Committee may delegate its plan review responsibilities to one or more
members of such Architectural Committee. Upon such delegation, the approval or
disapproval of plana and specificationa by such persons· shall be equivalent to
approval or disapproval by the entire Architectural Committee. Unlea. any such
rules are complied with, .uch plana and specifications shall be deemed not
submitted.
(b) The addrel. of the Architectural Committee shall be the principal
office of the A •• ociation •• deaignated by the 80ard pursuant to the Bylaw ••
Such address sh.ll be the place for the submittal of plana and specifications
and the place where the current Architectural Standards shall be kept ••
(c) The eatablishment of the Architectural Committee and the systems
herein for architectural approval shall not be construed as changing any
rights or restriction. upon owner. to mAintain, repair, .lter or modify or
otherwi.e have control over the Residencel a. may otherwise be specified
in this DeclaratioD, in the Bylaws or in any !asociation Rule ••
(d) In the eVent the Architectural Committee fail. to approve or disap-
prove such plana and specifications within thirty (30) days after the same
have been duly submitted in accordance with any rules regarding such submission
adopted by the Architectural Committee, such plans and specifications will be
deemed approved.
91/8-24-79 CC&R'.
BA62b7-8
5-1
Island Lagoon Homeowner. Association
286-91 (3-6-80
Section 3 -Approval and Conformity of Plans. No building, fence, wall, pool,
spa, deck or other structure shall be commenced, erected or maintained upon the
Covered Property, nor sball there be any addition to or change in the exterior of
any Residence, structure or other improvement including, without limitation, the
replacement of awnings 01' the parnting of exterior walls and fences, unless plans
and specifications therefor have been submitted to and approved by the Architec-
tural Committee. The Board shall, from time to tUne, adopt and promulgate
Architectural Standards to be administered through the Architectural Committee.
The Architectural Standards shall include among other things those restrictions
and limitations upon the owners set forth below:
(a) T~e limitations for the completion of the arChitectural improvements
for which approval is required pursuant to the Architectural Standards;
(b) Conformity of completed architectural ~provements to plans and
specifications approved by the Architectural Committee; provided, however, as
to purchasers and encumbrancers in good faith and for value, unlesa notice of
noncompletion or nonconformance identifying the violating Residence and its
OWner and specifying the reason for the notice, executed by the Architectural
Committee, shall be filed of record in the Office of the County Recorder of
Orange County, California, and given to such OWner within thirty (30) days of
the expiration of the time limitation described in subsection (a) above, or
unless legal proceedings sball have been instituted to enforce compliance or
completion within said thirty (30) day period, the completed architectural
improvements shall be deemed to be in compliance with plans and specifications
approved by the Architectura.l Committee and in compliance with the Architectural
Standards of the Association, but only with respect to purchaaers and encum-
brancers in good faith and for value; and
(c) Such other limitationa and restrictions as the Board in its reasonable
discretion shall adopt, including, without l~itation, the regulation of the
following: con.truction, reconatructipn, exterior addition, change or alteration
to or maintenance of any building. structure, wall or fence, including, without
limitation, the awnings or the nature, kind, shape, height, materials, exterior
color and surface and location of .uch awning, dwelling. or atructure.
Section 4 -Noaltabilltr for Approval of Plans. Plans and specifications are
not approved for engineering design, and by approving luch plana and specifi-
cation. neither th~Architectural Committee, the members thereof, the Associ-
ation, the Membera, the Board nor Declarant aSlumes liability or respOnsibility
therefor, or for any defect in any structure constructed from such plans and
specifications.
Section 5 -Appeal. In the event plans and specifications submitted to the
Architectural Committee are disapproved thereby, the party or parties making
such sub.ission may appeal in writing to the Board. The written request shall
be received by the Board not more than thirty (30) days following the final
decision of the Architectural Committee. The Board shall submit such request
to the Architectural Committee for review, whoa~ ~tten recommendations will
be submitted to the Board. Within forty-five (45) daya following receipt of
the requeat for appeal, the Board shall render its written decision. The
failure of the Board to render a decision within said forty-five (45) day
period shall be deemed a decision in favor. of the appellant.
Section 6 -Recon.truction After Destruction. The reconstruction after destruc-
tion by caaualty or otherwise of any Residences which ia accomplished in substan-
tial compliance with the Condominium Plan filed covering the portion of the
Project in which auch Reaidence is situated shall not require compliance with the
provisions of thia Article. Such reconstruction shall be conclusively deemed to
be in subatantial compliance with such Condominium Plan if it ha. received the
approval of the A.sociation.
91/8-24-79 CC&R.
BA62b9-IO
5-2
Island Lagoon Komeowners Assoclatlon
286-91 (3-6-81)
-~----~---~ ----.-.. ~.--~--c---~~~_"""._,.~_ -~--.--~.-----~---.-- - - . --------.--------
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ARTICLEvt
DUTIES AND POWERS OF THE ASSOCIATION
Section 1 -General Duties and Powers. In addition to the duties and powers
enumerated in its Articles and Bylaws, or elsewhere provided for herein, and
without limiting tbe generality thereof, the duties and powers of the Board
shall normally include, but shall not be limited, to tbe following:
(a) enforce the provisions of this Declaration, the Articles, Bylaws,
Association Rules, and other instruments for the ownership, management and
control of the Covered Property by appropriate means and carry out the obliga-
tions of the Association hereunder which includes without limitation, the
maintenance and-management of the following:
(i) all. easements and real property and all facilitiea,
tmprovementa and landscaping thereon in which the Association holds
an °interest, subject to.tbe terms of any instrument transferring
such interest to the Association;
(ii) all personal property in whicb tbe Association· bold. an
interest, subject to the terma of any instrument transferring such
interest to the Association; and
(iii) all property, real or personal, which the !asocLation is
obligated to repair or maintain pursuant to this Declaration, including,
without limitation, the Article of tbis Declaration entitled llRepair
and Maintenuce".
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are, 0:
portiol
(d
itie. a
property taxes and other assessments which
~mmon Area and Community Pacilities or a
:ial statements for the Association as
on of the Coumon Aru and CoDIDUnity Pacil-
Ued by the Association.
(8, ~~~G~e anQ executa disciplinary proceedings against Members for
violations of proviaions of the Articles, Bylaws, Declaration and Association
Rules in accordance with procedures set forth in such documents.
(f) enter upon any Residence as necessary in connection with construction,
maintenance or emergency repair for the benefit of the Common Area and Community
Facilities or the OWners_
(g) employ a manager or other persons and contract with independent
contractors or managing agents who have profes.ional experience in the management
of residential developments similar to the Covered Property, to perform all or
any part of tbe-duti •• and responsibilities of the AsSOCiation, provided that any
contract not approved by FHA or VA with a person or firm appointed as a manager
or managing agent shall be terminable as follows:
(i) for cauae on not more than thirty (30) days' written notice by
the Aasociation; and
(ii) witbout cause upon ninety (90) days' written notice by either
party, without payment of a termination fee.
Such contract shall have a term of not more than one (1) year with successive one
(1) year renewal periods upon mutual agreement of the parties;
(h) acquire interests in real or personal property for offices or other
facilities that may be necessary or convenient for the management of the Covered
Property, the administration of the·affairs of the Association or·for the benefit
of the Members;
91/8-24-79 CC&R's
BA62bll-12
6-1
Island Lagoon Homeowners Association
286-91 (2-25-80)
(i) borrow money a. may be needed in connection with the discharge by
the Association of its powers and duties;
(j) establish in cooperation with the City a special tax assessment
district for the performance of all ·or a portion"of the maintenance or other
functions now within the responsibility of the Association.
(k) provide trash pickup snd disposal service for the benefit of the
Owners and their Re8idence~;
(1) contract for cable television service for the benefit of the Owners
who have subscribed for such service; and
(m) negotiate and enter into contracts with First Mortgagees and mortgage
insurers and guarantors as may be necessary or desirable to facilitate the
availability of loans secured by Mortgages within the Covered Properey.
(n) elect officers of the Board;
(0) fill vacancies on the Board except vacancies created by the removal of
a director.
(p) subject to the limitations imposed under this Article, contract with
independent contractors or managing agents to perform all or any part of the
duties and responsibilities of the Association.
(q) subject to the limitations imposed under this Article, contract for
casualty, liability and other insurance on behalf of the Association;
(r) subject to the l~itations imposed under this Article, contract for
goods and/or services for the property owned or controlled by the Association.
(s) delegate to committees, officers, employees or agents any of its duties
and powers under the Governing Instruments, according to law and ., expressl"y
PFovided in the Governing Instruments, provided however. no such delegation to a
professional ~nagement company, the-Architectural C~ittee or otherwise shall
relieve the A,aociation of its obligation. to perform such delegated duty.
(t) act as a managing ag~nt for all of the Projects.
Section 2 -General Limitation. and Restrictions on the Powers of the Board.
In addition to the limitations and restrictions enumerated in the Articles and
Bylaws or elsewhere provided for herein, and without limiting the generality
thereof, the Board shall be prohibited from taking any of the following actions
except with the vote or written assent of a majority of the Applicable Voting
Power.
(a) enter contracta for materials or services which have a term in
excess of one (1) year, with the following exceptions:
(0' a IUnagement contract, the terms of which have been
approved by the FHA or VA;
(ii) • contract with a public utiLity company if the rates
charged for the materials or services are regulated by the Public
utilities Commission; provided, however, that the term of the contract
shall not exceed the shortest term for which the supplier will
contract at the regulated rate; and
(iii) prepaid casualty and/or liability insurance policies of
not to exceed three (3) years duration, provided that the applicable policy
permits short rate cancellation by the insured.
91/8-24-79
BA62b13-14
CC&R's
6-2
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Island Lagoon Homeowners Association
286-91 (3-6-81)
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(b) incur aggregate expenditures for capital improvements to the Covered
Property in any fileal year in excess of five percent (5%) of the •• t~.ted Common
Expenses for the .fiscal year al set forth in the Section. entitled IIRegular
Aaelsmente" and "Capital Improvement AIII.samentl lt of tbe Article hereof entitled
lIeavenaat for Alleeameotalt ,
(e) sell any real or perlonal property of the AI.Deiation with an aggregate
fair market value in excess of five percent (5%) of .aid elt_~ted Common Expenees
during any fiscal year.
(d) pay compen.ation to directors or to officers of the A •• ceiation for
services performed in the conduct of the A •• ceiation'. buainesa; provided, however,
the Board may cause a director or officer to be reLmburled for expenses incurred
in carrying on the bu.inesa of the A.sociation.
(.) fill a vacancy on the Board created by the removal of a Board member.
Section 3 -Aaaociation Rules. The Board shall also have the power to adopt,
&mend, and repeal auch rules and regulationa al it de~. reasonable (the
"Alaociation Rule.lI ) which may include the establishllent of a sYltem of finea
and penaltiee enforceable al Special As.el~ents, all aa provided in the Bylaws.
The A.sociation Rules shall 'govern 'such matters in furtherance of the purposes
of the Aasociation, including, without limitation, the uae of tbe Common Area
and Community Facilitiel; provided, however, that the Alsociation Rules may not
discr~inate .mong Ownerl, and sball not be inconsistent with thil Declaration,
the Articles or Bylaw.. A copy of the ~Iociation Rulel a. they may from tLme to
time be adopted, amended or r.peal~ or a notice setting forth the adoption,
&mendment or repeal of .pecific portion. of the Alsociation Rule •• hall be
delivered to each Owner in the s .. e manner eatablished in this Declaration for
the delivery of notice.. Upon completion of the notice requireaenta, said
Allociation Rule •• hall have'the .ame force and effect a. if they were set forth
in Ind were part of this Declaration and shall be binding on the Owners Ind their
succ.s.or. in intere.t vbether or not actually received thereby. The Association
Rul •• , al adopted; amended or repealed, Ihall be available at the principal
office of the Association to each Owner and First Mortgagee upon reque.t.
In the event of any conflict between any such Association Rule. and any other
provision. of this Declaration, or the-Articles or 'Bylaw., the provi.ions of the
Ass.ociation Rules shall be deemed 'to be superseded by the provision. of this
Declaration, the Article. or the Bylaws to the extent of any such conflict.
Section 4 -Pledge of A.sealment Rishts. The Association shall have the power
to pledge the right to exercise ita Ass.s.ment powers in connection with ob-
taining fund. to repay a debt of the Association; provided, however. any such
pledge shall require the prior affirmative vote or written assent of not less
than sixty-six and two-thirds percent (66-2/3%) of the voting power of the
Asaociation. Said pawer shall include. but not be limited to, the ability to
make an assignment of AA.es .. ents which are then payable to or which will become
payable to the Allociation; which as.ignment may be then presently effective but
shall allow said AI.es~ents to continue to be paid to and used by the Association
aa set forth in this Declaration, unless and until the Association shall default
on the repayment of the debt which is secured by said assignment. The Alaociation
may levy Special Asses~ents against the Members to obtain such funds. Upon the
failure of Iny Member to pay said Special AssesBment when due, the Association
may exercise all ita rights, including, without limitation, the right to foreclose
its lien, pursuant to the Article hereof entitled 'tt{onpayment of As.elsments".
Without limiting the generality of the foregoing, Iny pledge of Alsessment rights
in excess of an amount equal to twenty-five percent (25%) of the total Regular
Asselsment. collected by the As.ociation in the then preceding fiscal year, shall
require the prior written approval of seventy-five percent (75%) of the First
Mortgagees baaed on one (1) vote for each first mortgage held.
91/8-24-79 CC&R'.
BA62b1S-16
6-3
Island Lagoon Homeowners AS80clatlon
286-91 <3-6-81)
-,--.---~~.....--,.-.-.----.-".--~ ._----
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ARTICLE VII
REPAIR AND MAINTENANCE
Section 1 -Repair and Maineenance bY Association. Except to the extent that an
Owner may be obligated to maintain and repair as hereinafter provided, and
without limiting the generality of the statement of duties and powers contained
in this Declaration, the Articles, Bylaws or Association Rules, the Association
shall have the duty to accomplish the following upon the Covered Property or
other land in· such manner and at such times as the Board shall prescribe:
<a) maintain, repair, t'e.store, replace and make necessary improvements to
the Common Area or Community Facilities, including, without limitation, the
following:
(i) the exterior sur faces of all Condominium Bui ldings I to include
the painting thereof, including, without limitation t the interior
surface boundaries of Condominium Elements which are exterior walls of
Condominium Buildings, but specifically excluding awnings.
<ii) the po<tion of the Restdcted Common A<ea designated as D<iveway,
and further excepting the Common Area Yard.
(iii) private walkways, bicycle paths, trails or other pedestrian
paths;
(iv). private streets and adjacent streetscapes within the Covered
Property in conformance with the standard of maintenance established by
the Director of Public Works of the City for public streets and street-
scapes within the CitYi
(v) drainage facilities and easements in accordance with the re-
quirements of the Orange County Flood Control District;
(vi) water quality filtering system approved by the City in ehe
inieial development and construction of the Covered Property, including,
without limitation I the grease interceptors or other devices installed
to trap runoff debris.
(vii) the private sewer system servicing the Units. The common sewer
line is depicted on Exhibit D.
(b) maintain, repair, restore, replace and make necessary improvements to
that surface of any fence marking the boundary of either a Yard Condominium
El~ent or a Common Area Yard and the Common Area.
(c) maintain, repair, .restore, replace and make necessary improvements to
the interior surface boundaries of the Deck and Entry elements of Units which
are not ground or floor surfaces.
(d) maintain all other areas, facilitie., equipment, services or aesthetic
components of whatsoever nature as may from time to time be requested by the vote
or ~_itten consent of two-thirds (2/3) of the voting power of the Members.
(e) the COlts of any such maintenance and rep:ir pursuant to this Section
shall-be paid out of the general fund. of the Association, except a. otherwise
herein specified al payable by the particular Owners.
Section 2 -Repair and Maintenance by Owner.
be obligated to maintain and repair &1 may be
every Owner shall:
Except as the Association shall
provided in ehis Declaration,
(a) maineain, repair, replace and restore all of the Residential elem-ent,
the Garage element, and the floor or ground surfaces of the Deck and Entry
elements. Without limiting the (teneraliey of the foregoing, Owners. shall lI\4in-
eain all plants or other growing thing. emplaced or located within such non-
residential elements of Units, and such plants or other growing things shall be
permitted to encroach into or onto the Common Area, subject to the Article hereof
entitled "Architectural Control".
91/8-24-79 CC&R's
BA62b17-18
7-1
Island Lagoon Komeowners Association
286-91 (5-15-81) dau
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(b) repair and replace all window glass for his own Condominium,~ and
Owners shaLL be responsible for the interior and exterior cleaning of such
window glass.
(c) repair, maintain or replace Garage doors, including, without limita-
tion, garage door opening systems, hinges, eprings and other parts of the door
mechanism; except that the Association shall maintain and replace the painting on
the exterior surfaces of Garage doors.
(d) maintain, repair, replace and restore all portions of the Unit, in-
cluding without limitation, the interior wallS, ceilings, floors and doors in a
clean, sanitary and attractive condition.
{e} tn the event the Board shall determine that the walls, ceiling. floors,
doors or any other portion ~f the Common Area forming the boundaries of a Unit or
an Owner's Restricted Common Area have been damaged from within the Unit, or such
Owner's Restricted Common Area, notwithstanding that such damage may be to the
Common Area, the Owner of the Unit shall be responsible for repairing such
damage in a ti~ly manner and in accordance with such rules as the Board or
Architectural Committee shall from time to time adopt.
(f) maintain and repair all surfaces of the awnings that shelter the
windows for the Unit.
{g} repair. maintain or replace any portion of any Air Conditioning Equip-
ment whi.ch services such Owner's Residence. In the event that the Board shall
determine that the Common Area or any Unit has been damaged by reason of a defect
in or accident to a piece of Air Conditioning Equipment, the Owner of the Resi-
dence which is served by such Air Conditioning Equipment shall be responsible for
repairing such dam.ge in a timely manner and in accordance with such rules as the
Board or the Architectural Committee shall from time to time adopt.
{h} maintain, repair, restore, replace and mak.e ",ecessary improvements to
the interior surfaces of his Yard Element or C~n Area Yard, including the
interior surface. of walls or fences, landscaping. and all improvements con-
structed or installed in his 'lard Element or Common Area Yard .. The repair of any
wall or fence separating the Yard Element or Common Area Yards of neighboring
Condominiums shall be the joint responsibility of th"e Owners whose COhdominiums
are separated by such walls or fences. notwithstanding that such walls or fences·
may consist of Common Area. Such adjoining Owners shall share the expense of
such repair equally, but if one such Owner refuses to join in such repair, the
other may undertake such repair himself and shall receive contribution from his
neighbor for his neighbor's share of the cost thereof. In the event that such
repair is required because of the acts or negligence of such adjoining Owners,
such repair shall be accomplished by such Owner at his sole expense. Nothing
contained in this subsection shall obligate any Owner to paint or maintain the
surface of any such wall or fence except as such surface forms a portion of the
boundary of his Yard Element or Common Are4 Yard, as the case may be.
Section :J -Right of Association to Maintain and Install. tn the event that an
Owner faiLs to accomplish any maintenance, instalLation or repair required by
this Article, the Association or its delegates may, but sha~ll not be obligated
,to, cause such maintenance, instaLlation or repair to be accomplished as here-
inafter set forth.
(a) Upon finding by the Board of a deficiency in such maintenance, in-
stallation , or repair, the Board shall give notice of deficiency to the Owner
which shaLL briefly describe the deficiency and set a date for hearing before
the Board or a committee selected by the Board for such purpose. The Board may
delegate its powers under this section to a duly appointed committee of the
Association.
7-2 " ~9~1~/~8~-~2~4~-~7~9~·~"~C~C~~~R~'~S""""""""--""--~I~S~1~a·n·d~L·a·g·o·o·n~H·o·m·e·o·wn"e·r·s·A"s·so·e--ia·t·l-·o-n.v~
BA62b 19-20 "-286-9\ (0-10-81) do.
(b) S4ch hearing shall be held not less than fifteen (15) nor more than
thirty (30) days from the date of delivery of said notice.
(c) Such hearing shall be conducted according to such reasonable rules
and procedures as the Board shall adopt which shall provide the Owner with the
right to present oral and written evidence and to confront and cross-examine any
person offering at such hearing evidence adverse to such Owner. If the Board or
any such committee renders a decision against the Owner, it shall further set a
date by Which the deficiency is .to be corrected by the Owner. A decision of such
committee may be appealed to the Board, but a decision of the Board shall be
final.
(d) If the deficiency continuea to exiat after the time limitation
imposed by a final decision of the Board or any such committee, the Board or
such committee may cause such maintenance, installation or repair to be ac-
campI ished.
(e) In the event the Board or such committee elects to cause sucr. mainte-
nance, installation or repair to be accomplished, the following shall apply:
(i) 'nle OWner shall have ·no more than ten (10) days following
the receipt of written no~ice of such election from the Board or
such committee to select a day or days upon which such maintenance,
installation or repair work shall be accomplished;
(ii) 'nle date which said Owner selects shall be not less than
fifteen (15) days nor ~ore tnan forty-five (45) days following the last
day of said ten (10) day period;
(iii) If said Owner does not select such day or days within said
ten (10) day period, the Board or such committee may select a day or days
upon which such work may be accomplished which shall be not less than
twenty-five (25) nor more tban fifty-five (55) days from the 1 •• t day of
said ten (10) day period; and
(iv) Onlea. the Owner and the Board otherwise agree, such maintenance,
inttallation or repair shall take place only during.daylight hours on any
day, Monday through Friday, excluding holidays.
(f) If the Association pays for all or any portion of such maintenance,
inltallation, or repair sucb amount shall be a Special Asses8ment to the affected
Owner and Residence.
Section 4 -Standardl for Maintenance, Installation and Repair. All mainten-
ance, installation and repa1r to be accomplished by an Owner, including, without
limitation, the awnings, Ihall be accomplished in accordance with the Architectural
Standarda, and, if required by the Architectural Standards, only after approval
of the Architectural Committee. All awnings shall be white.
Section 5 -Right of Entry. The Association after reasonable notice to Owner,
shall have the right to enter upon any Residence in connection with any mainte-
nance, inltallation, repair or construction in the exercise of the powers and
duties of the A.aociation.
Section 6 -H.aintenance of Public Utilities. tlothing contained herein shall
require or obligate the Association to maintain, replace or restore the under-
ground facilitiel of public utilities which are located within. easements in the
Common Area or Community V.cilitiea owned by such public utilities. Rowever , the
ASlociation shall take such stepa as are necessary or convenient to ensure that
such facilitie. are properly maineained, replaced or restored by such public
utilitie ••
91/8-24-79 CC&R'.
BA62b21-22
7-3
Island Lagoon Homeowners Alsociation
286-91 0-6-81)
(
"'-')
Section 7 -AJsumption of Kaintenance ObligatioDs. Declarant, its subcontractor.
and the agent. and employeel of the same shall have the right to come on the
Common Area and Community Facilities to complete the construction of any land-
leaping or other improv~ent to be in.talled on the Common Area and Co~nity
Facilities 88 provided in tbis Declaration. In the event that Declarant IS
subcontractors are contractually obligated to maintain the landscaping and/or
other improvements on the Common Area and Community Facilities such maintenance
shall-not be .I.umed by the Association until the termination of such contractual
Obligation. If any exces. of !asesaments collected OVer actual Common Expenses
incurred by the Association ia caused by reason of construction or maintenance
pursuant to this Section, or otherwiae, .uch excel' shall be placed in reserve to
off.et the future expenses of the A.sociation in any manner designated by the
Board.
91/8-24-79 CC&R'.
BA52b22
7-4
Island Lagoon Homeowners Association
286-91 (3-6-81)
ARTICLE VI II
INSURANCE
Section 1 -Types. The Association shall obtain and maintain in effect the
following types of insurance:
(4) A comprehensive public liability insurance insuring the Association,
the Declarant and the agents and emloyees of each and the Owners and the respec-
tive family members, guests and invitees of the OWners against any liability
incident to the ownership or use of the Common Area aod Community Facilities, and
including, if obtainable, a cross-liability endorsement insuring each insured
against liability to each other insured. The limits of such insurance shall not
be less than One Million Dollars ($1,000,000) for death of or injury. to anyone
person in anyone occurrence, One Million Dollar. ($1,000,000) for death or
injury to more than one person in anyone occurrence, and One Hundred Thousand
Dollars ($100,000) for property damage in anyone occurrence.
(b) A master or blanket policy of fire insurance for the full insurable
replacement value, without deduction for depreciation, of all of the improvements
within the Covered Property. Such policy shall contain extended coverage and
replacement cost endorsements, if available, and may also contain vandalism and
malicious mi.chief coverage, special form endorsement, stipulated amount clause
and a determinable cash adjustment clause, or a similar clause to permit cash
settlement covering full value of the improvements on the Covered Property in the
event of destruction of improvements and a decision not to rebuild pursuant to
the Article herein entitled l11)estruction of Improvements. II Such policy shall be
in such amounts as shall be determined from tune to time by the Board, shall name
as insured the Association, the OWners and Declarant, so long .. Declarant is the
Owner of any of the Condominiums, and all Mortgagees as their respective inter-
ests may appear, and shall contain a loss-payable endorsement in favor of the
Trustee.
(c) Fidelity coverage against dishonest acts on the part of directors,
officer., employees or volunteers who handle or who are responsible for handling
the funds of the Association, and such fidelity bonds shall name the A.soeia-
tion as obligee, shall be written in an amount equal to one hundred fifty
percent (150%) of the estimated annual operating ~xpenses .of the Association,
including reserves, and shall contain waivers of any defense based on the
exclusion of perlons who serve without compensation or from any definition
of "employee" or similar expression.
·Section 2 -Waiver by Members. All insurance obtained by the Association shall
be maintained by the Association for the benefit of the Association, the Owners
and the Mortgagees as their interests may appear. As to each of said policies
which will not be voided or impaired thereby, the Owners hereby waive and release
all claiml againlt the Association, the Board, other OWners, the Declarant and
agents and employees of each of the foregoing, with respect to any loss covered
by such inlurance, whether or not caused by nesligence of or breach of any
agreement by said persons, but to the extent of insurance proceeds received in
compensation for such loss only.
Section 3 -Other Inlurlnce. The Board shall purchase and maintain worker's
compensation insurance for all employees of the Association to the extent such
insurance is required by law. The Board may purchase and maintain in force
demolition insurance in adequate amounts to cover demolition in the event of
total or partial' destruction and a decision not to rebuild as well as a blanket
policy of flood in.urance. The Board may also purchase and maintain in effect
such insurance on personal property owned by the Association. The Board shall
also have the power to purchale and maintain in effect, such other insurance as
it deems neceslary, including without limitation, earthquake inlursnce, plate-
glass insurance, and officers' and directors' liability insurance.
91/8-24-79 CC&R'.
BA62b23-24
.... -.~-.-.-._-~.-----.-------: .. _-_.-----_ .... --.-.
8-1
Island Lagoon Homeowners Assoclatlon
286-91 (3-6-81)
r-'
{ i
Section 4 -Premiums. Proceeds and Settlement. Insurance premiums for any such
blanket insurance coverage obtained by the Association and any other insurance
deemed necessary by the Association shall be a C~n Expense to ba included in
the Regular AssesamentB levied by the Association. Casualty insurance proceeds
shall be used by the Association for the repair or replacement of the property
for whicb the insurance was carried, or otherwise disposed of as provided in
the Article hereof entitled 'toestruction of Improvementsll
• The Association is
hereby granted the authority to negotiate loss settlements with the appropriate
insurance .carriers. Any two (2) directors of the Aslaclation may sigo a 1088
claim form and release form in connection with the settlement of a 1088 claim,
and such signatures shall be binding on the Association and the Kembers.
Section 5 -APDual Insurance Review. The Board shall annually determine whether
the amounts and types of insurance it baa obtaine.d provide adequate coverage for
the Covered Property in light of tncreased construction costa, inflation,
practice in the area in which the Covered Property is located, or any other
factor which tends to indicate that either additional insurance policies or
increased coverage under existing policies are necessary or desirable to protect
the interests of the OWners and of the Mlociation. If the Board determines
that increased coverage or additional insurance is appropriate. it shall obtain
the same.
Section 6 -Abandonment of Replacement Cost Insurance. Unless at least aeventy-
five percent (75%) of the First Mortgagees ba.,d on one (1) vote for each
Pirlt Mortgage held have given their prior written approval, the Association
shall not be entitled to fail to-maintain the extended coverage fire and casualty
insurance required by this Article on le88 than a one hundred percent (100%)
current replacement cost basis.
Section 7 -Federal Requirements. Notwithstanding the foregoing proviliona of
thi. Article, the ~sociation must obtain and continuously maintain in effect
such cao .. lty, flood and liability insurance and a fidelity bond .meeting the
insurance and fidelity bond requirements for condominium projects established by
any of the Federal Agencie., when such Federal Agency first becomes and as long
a8 it continue. to be either a Mortgagee, owner, or insurer or guarantor of a
Mortgage within the Covered Property, except to the extent such coverage is not
available or baa boon vaived in writing by the foregoing entitie ••
Section 8 '-Trustee. Except as provided below, all. insurance proceeds payable
under the Section entitled IIFire and Extended Coverage Insurance" of this Article
shall be paid to a Truatee. The Trustee shall hold, distribute and expend such
proceeds for the benefit of the OWners, Mortgagees and others, as their respec-
tive intereats shall appear. p'ursuant to the provisions -of the Article herein
entitled ''Destruction of Improvements.1t The Trustee shall be appointed by the
Board and shall b. a commercial bank, or branch thereof. or a trust company in
Orange County, which haa agreed in writing to accept such trust. When proceeds
from a single claim do not exceed Ten Thousand Dollars ($10,000), such proceeds
shall b. paid to the .Msociation to be Wled as provided in the Article hereof
entitled 'tnestruction of Improvements".
Section 9 -Individual Casualty Insuran~e Prohibited. Except as expressly
provided in the Section of this Article entitled !lRights of Owners to Insurell ,
no Owner will separately insure his Condo=inlum or any part thereof against loss
by fire or other caaualty covered by any insurance carrier under the Section
entitled "Pire and Extended Coverage Insurance" of this Article. Should any
Owner violate this proviaion, and should any 10&8 intended to be covered by
insurance carried by the Association occur, and the proceeds payable thereunder
be reduced by reason of insurance carried by any owner, such Owner shall assign
the proceeds of such insurance carried by it to the extent of such reduction to
the Trustee for application by the Board to the same purposes as the reduced
proceeds are to be applied.
91/8-24-19 CC&R's
BA62b25-26
8-2
Island Lagoon Homeowners Association
286-91 (7-11-80)
In the event· that such Owner has failed to pay such amount within thirty (30)
days of a written demand therefor by the Association or the Trustee, the Board
may levy a Specia~ Asses~ent against such Owner and his Condominium for such
amount. In the event such Special Assessment is not paid within thirty (30)
days of its due date, the Board may effect the remedies of Section 1356 of the
California Civil Code and the Article hereof entitled "Nonpayment of }.asess-
ments.1I
Section 10 -Rights of Owners to Insure. Notwithstanding the other provisions
of this Article, an Owner shall be permitted to insure his personal property
against loss by fire or other casualty and may carry public liability insurance
covering his individual liability for damage to persons or property occurring
inside his individual Unit or his Restricted Common Area. In addition, any
improv~ents made by an Owner may be separately insured by such Owner, provided
such insurance shall.be limited .to the type and nature of coverage commonly known
as IItenant I s improvements" coverage. Provided, however I such limitat ion as to
type and nature of coverage shall not apply to improv~ents installed within the
Entry and Yard Elements, but any policy of insurance covering such improvements
shall meet the other requirements of this Section. All such policies as may be
carried by the Owners shall contain waivers of subrogation of claims against the
Association, -the Board, other Owners. Declarant and the agents and employees of
each of the foregoing, with respect to any loss covered by such insurance.
whether or not caused by negligence of or breach of any agreement by said per-
sonS t but to the extent of insurance proceeds received in compensation for such
loss only; provided, however, such other policies shall not adversely affect or
dLminish any liability under any insurance obtained by the Association, and
duplic.ate copies or certificates 6f such other policies shall be deposited with
the Board.
Section 11 -Required Waiver. All policies of physical damage insurance shall
provide for waiver of the following rights to the extent such waivers are ob-
tainable from the respective insurers:
(.) Subrogation of claims against the Owners or tenants of the Owners;
(b) Any defensa based on co-insurance;
(c) Any right of set-off. counterclaim, apportionment, pror~tion or con-
tribution by rea.on of other insurance not carr~ed by the Association;
(d) Any invalidity, other adverse effect or defense on account of any
breach of warranty or condition caused by the Association, any Owner or any
tenant of ·any Owner or arising from any act, neglect or omislion of any named
insured or the respective agents, contractors and employees of-any insured;
(e) Any right of the insurer to repair, rebuild or reptace and, in the
event the building is not repaired. rebuilt or replaced following 10ss 1 any
right to pay under the insurance the lesser of the replacement value of the
improvements inlured or the fair ~arket value thereof;
(f) Notice of the assignment of any Owner of its interest in the insur-
ance by virtue of a conveyance of any Uniti and
(g) Any right to require any assignment of any Mortgage to the insurer.
91/8-24-79 CC&R'.
BA62b27-28
8-3
Island Lagoon Homeowners Associatio~
286-91 (3-6-81)
~ J
n J
ARTICLE U
DESTRUCTION OF llIPROVEllENTS
Section 1 -Automatic Reconstruction. In the event of partial or total
destruction of any Condominium Building, the Board sbsll promptly take tbe
following action,
<a> The Board shall ascertain the coat of reconstruction by obtaining
fixed price bids from at least two (2) reputable contractors, including the
obligation to obtain a performance bond, 1f the Board deems the same to be
necessary or appropriate, and obtaitting one or mDre independent appraisals if
the Board deems sucb appraisal or appraisals to be necessary or desirable.
(b) The Board shall determine tbe amount of insurance proceeds, 1f any,
payable by contacting the appropriate representative of the insurer of said
CondominiUII. Building.
(c) The Board shall meet and determine whetber the insurance proceeds,
1f any, will cover eigbty-five percent (85%) or more of the estimated cost of
reconstruction 4S determined pursuant to subsection (a) of this Section, or
whether the portion of the estimated cost not covered by insurance 1s 18S8
than One Hundred Fifty Dollars ($150.00) per yoar per Condominium. Such per-
centage covered by insurance or 8uch coat shall hereinafter be referred to as
the "Acceptable Range of Reconstruction Cost. II If the Board finds that a bid
obtained under this Section is within the Acceptable Range of Reconstruction
Cost, the Board shall cau.eo a notice to be sent to all OWners of Condominiums in
the Project within whicb tbe partially or totolly destroyed Condominium Building
is located (hereinafter in this Article the "affected Ownersll) and to the Mortga-
gees of Mortgages encumbering Condominiums in said Condominium Building setting
fortb sucb findings and informing said OWners and said Mortgagees that the Board
intends to commence construction pursuant to this Declaration. In the event
that at leaat twenty percent (20%) of tbe affected OWners, based on one (I) vote
for each Condominium, object in writing to such reconstruction by the date
indicated therefor on such notice, whicb in no event sball be sooner than ten
(10) days or later than thirty (30) days aftor tbe date on whicb tbe Board send.
sucb notice to the _era, tb. Board .hall c:all a ", .. ting of tbe &ffec ted OWners
pursuant to the Section entitled 1fRacODstructl_OD Pursuant to Haeting" of this
Article. In tbe event that the foregOing requirements are satisfied and tbe
requisite number of affected OWners do not object in writing by sucb date, tbe
Trust •• shall pay such insurance proceeds as are available to the Board and the
Board shall cause reconstruction to take place ae promptly ,8e practicable and
shall levy a RacoU8truction Assessment against each affected Owner at such time
and in sucb amount .. the Board shall determine is necessary to cover the costs
of raC01l8tructian in BCdS of insurance proceeds. If the Board in good faith
determines that none of the bids submitted under this Section reasonably reflects
the anticipated reconstruction costs, the Board shall proceed according to the
Section entitled ''Reconatruction Pursuant to Meeting" of this Article.
(d) Th. foregoing determinations .hall be made by tbe Board as soon as
pos.ible. However, if such determinations cannot be made within sixty (60)
days of the date of destruction because of the unavailability or unaceeptabllity
of an insurance esttmate or reconstruction bid, or otherwise, the Board shall
immediately call a ceeting of the affected Owners pursuant to the Section en-
titled "Reconstruction Pursuant to Meeting" of this Article.
(e) If tbe Board determines that any Unit has become uninhabitable by
reason of its total or partial destruction, Regular Assessments shall abate
against the·OWUer tbereof until the Board determines that the reconstruction
of the Unit has restored its habitability. However, if the Board determines
that such abatement will adversely and substantially affect the management,
maintenance and operation of the Covered Property, it may elect to disallow
such abatement.
9-1 ~,
~9~1~/8~-·2~4-~7~9~~C~C~&~R~'·.""""""""""""·I-.·l·a-n·d--L-a-g·o·o·n--R-o-me .. own .. e·r· ... As .. s-O-C-ia .. t-i-o=n~~
BA63al-2 286-91 (2-25-80)
(f) In the event that Condominium Buildings are totally or partially
destroyed in more than one (1) Project, the Board shall separately follow the
procedures set forth in this Article as to eachlProject so affected.
Section 2 -Reconstruction Pursuant to Meeting. If the Board determines that
the requirements of the Acceptable Range of Reconstruction Cost have not been
met, or if the requisite number of affected Owners object in writing to a deci-
sion by the Board to reconstruct pursuant to the Section entitled "Automatic
Reconstruction" of this Article, the Board shall call a meeting of the affected
Owners by mailing no.tice of such determination and of the meeting to such Owner
at his address as shown on the records of the Association. Such meeting shall be
held not less than fourteen (14) days and. not more than twenty-one (21) days
after (i) the meeting at which the Board makes its determination that the cost of
reconstruction was not within the Acceptable Range of Reconstruction Cost, or
(ii) the date indicated on the notice of the Board sent to M.mbers pursuant to
subsection (c) of the Section entitled "Automatic Reconstruction" above, as
the case may be. The affected Owners may, by a vote at such meeting or by the
written consent of not less than sixty-six and two-thirds percent (66-2/3%) of
the affected Owners based on ooe (1)~vote for each CondominiUM determine to
proceed with the recon.truction. If the affected Owners so determine to recon-
struct the partially or totally destroyed Condominium Building, the Board shall
levy a Reconstruction A.ses~ent against each affected Owner at such time and in
such amount as the Board .hall determine is necessary to cover the costs of
recon.truction in excess of insurance proceeds.
Section 3 -Decfsion to Recon.truct; Procedure After Meeting. In the event
that the Association uoderrakes reconstruction pursuant to the Section entitled
"Recon.truction Pursuant to Meetiogl! of this Article, the following shall
apply:
(a) Lmmediately after .uch meeting, the Board shall notify by first-class
mail, regi.tered or certified, all First Mortgagees of Condominium. in totally
or partially de.troyed Condominium Building. of the A •• ociation'. decision to
undertake reconstruction. The Board shall al.o send ~ true copy of all such
notice. to the Tru.tee.
(b) In the ~ent that aoy such Fir.t Mortgagee desire. to apply insurance
proceed. allocable to the Condominium· encumbered by it. Mortgag~ to the reduction
or elimination of the indebtedne •• secured by "such Mortgage, such First Mortgagee
shall notify the Tru.tee and the A.lociation in writing of luch election within
thirty (30) day. of the date the notice of the Board sent pursuant to subsection
(a) above is depo.ited in the United States mail. Upon receipt of tLmely notice
from any such First Hortsagee, the Tru.te. shall promptly pay to such First
Hortgagee the insurance proceeds allocable to the Condominium encumbered by the
Mortgage of such First Mortgagee for the p'urpose of the reduction or elLmination
of the Obligation lecured by such Hortgage; provided, however, in no event shall
the Trustee pay to luch Fir.t Mortgagee an ~unt greater than (i) the. outstanding
indebtedness s.cured by ,aid Hortsage, or (ii) the insurance proceed. allocated
to such Condominium, whichever of (i) or (ii) is t~ Lesser. Simultaneously with
such payment, the Tru.tee sh.ll notify the Board of the .mount of such payment.
The Trustee shall not make payments to First Hortgagee. pursuant to this sub-
section (b) unless such First Hortgagee notifies the Tru.tee of its election
prior to the expiration of the thirty (30) day period following the deposit in
the United State. aail of the Board's notice to such First Mortgagee pursuant to
this .ubsection (b).
(c) A. to .ach Condominium for which insurance proceeds have been paid
to the Trultee and for which a First Mortgagee has not t~ely notified the
Tru.tee of itl election to apply .uch proceeds to the reduction or elimina-
tion of the obligation owing to such First Mortgagee, the Trustee promptly upon
the expiration of the appropriate time period shall pay all inlurance proceeds
allocable to such Condominium to the Board to be applied to reconstruction
undertaken by the A •• ociation pursuant to the Section entitled "Recon-
struction Pursuant to Meeting" of this Article. In the event that the Trustee
91/8-24-79 CC&R'.
BA63a3-4
9-2
Island Lagoon Romeowner. Association
286-91 (3-6-81)
baa paid a portion of the inlurance proceeds allocable to a Condomiuium to an
First Mortgagee after ttmely request therefor, stmultaneously with such payment
the Truatea shall pay all reaaining prooeeds, if any, allocable to suoh Condo-
minium to the Board to be applied to reconstruction undertaken by the Association
pursuant to the Section entitled ItReconstruction Pursuant to Meeting" of this
Artiole.
(d) For the purposes of this Article, the amount of insurance proceeds
lIallocatedlf or lIallo_cable" to a Condominium shall be determined pursuant to
this subsection (d). In the event that -the insurance carrier allocates casualty
insurance proceeds among Coudominiume for which such proceeds are payable, such
allocation shall be final and binding on the OWners, the Mortgagees, the Associa-
tion and tbe Trueee. 'l11e Board ahall make l!Very possible effort to cause such
insurance carrier to make such allocation. In the &Vent that such allocation is
not made, the'Trustee shall allocate such proceeds among such Condominiums in
totally or partially destroyed Condominium Buildings based upon the relative
value of the Condoadniums aa established by an independent appraisal c~nducted
by an M.A.I. appraiser selected by the Trustee and the extent to which the Units
involved have been affected by the destruction. Such allocation made by the
Trustee shall be final and binding on the Owners, the Mortgagees and the Asso-
ciation.
(e) In the event that the Trustee paya insurance proceed. to any Firat
Mortgagee pursuant to tbis Sec tion, the Owner of the CondOld.nium. whicb was
encumbered by the Kortgage of such First Mortgagee shall pay to the Association
an amount equal to the insurance, proceeds paid by the Truatee to such First
Mortgase.. In the event that sucb Owner bas failed to pay such amount witbin
thirty (30) day. of • writton damand therofor by tho Assooiation, tho Board may
levy a Special As •• SOlent against such Ovn.r and bis CondaainiUII for such amount.
In tho event .\lO1l Speoial As.esmont 1A not paid within thirty (30) day. of ita
due date, the Board .. y offeot tho r .. odies of Soction 1356 of the california
Civil Cod. and the Article hereof entitled '~onpayment of AsH.delltS." Such
Special As •• sam.nt and any aegular A8sess.e~t levied subs.quant thereto shall not
be • personal UabUity of tbe Owner against ¥b01ll sucb Aa •• s8lMnts are levied and
.heLl only be oharged against his Condooaini ....
Section 4 -DeCision Kat to aecou.truct; Procedure After Keeting. In the aveut
tbat the affected Ownera decide not to reconstruct at the aeeting called pursuant
to the Section eutitled ''Raconstruction Pursuant to Heeting" of this Article,
the Tru.tee shall apply the insurance proceeds as follows:
(a) The Trustee ahall first apply insurance proceeds to the reduction or
elimination, as the Cd. may be, of all outstanding Mortgages encumbering Condo-
miniUlU for which inaurance proceeds have been paid by reason of the. casualty;
prOVided, however, a. to any Condominium, the Trustee shall not pay iusurance
proceeds to Mortgageea in an amount greater than (i) the outstanding indebted-
ness •• cured by ~rtgage8 encumbering said Condominium, or (i1) the insurance
prooeeds allooable to .. id Condooainiua, whiohever of (i) or (ii) is the leaser.
(b) All prooooda allooated to CondominiUllUl and reDl4ining after payments
to Mortgagees pursuant to .ubsection (a) shall be distributed by the Trustee
to suoh OWners in the partially or totally destroyed Condominium Building
after the deduction of an amount determined pursuant to subsection (c) below.
The amount of insurance proceeds allocable to each Condominium shall be determined
by multiplying the amount of insurance proceeds available for distribution by a
fraction, the denoainator of which is the total M.A.I. appraised value of all
Condominiums within the Project and the numerator which is the M.A.I. appraised
value of each such Condominiums; The appraised values shall all be determined by
an M.A.I. appraiser selected by the Board.
(c) The Board sball levy • Reconstruction Aasessment agaiust all affected
OWners equal to the costs of clearing of the debris of totally or partially
destroyed Condominium Buildings and cleaning of the area. The Trustee shall
pay to the Board said Reconstruction Assessments of the Owners of partially or
totally destroyed Condominiums out of the insurance proceeds allocated to
such Owners prior to the distribution of such proceeds thereto pursuant to
91/8-24-79 CC&R'.
BA63a5-6 .
-------------------~-------------~~
9-3
Island Lagoon Homeowners Association
286-91 (7-11-80)
'"'<'-~-~,~------------------,
subsection (b) above. In the event that insurance proceeds allocated to any
Owner, -after deduction of proceeds paid to Mortgagees, is not sufficient to pay
the entiye Reconstruction Assessment levied against such OWner, such Owner shall
not be relieved of his obligation to pay any such excess.
Section 5 -Certificate of Intention to Reconstruct. In the event that the
Association undertakes reconstruction pursuant to this Article, the Board
shall execute, acknowledge and record in tbe Office of the County Recorder of
Orange County, california, a certificate declaring the intention-of the Asso-
ciation to rebuild not later than one hundred eighty (180) days from the date-
of destruction. If no such certificate of reconstruction is so filed within
.aid one hundred eighty (lSO) day period, it shall be conclusively presumed
that the Association has determined not to undertake reconstruction pursuant
to this Article.
Section 6 -Partition. In the event that a certificate described in the Sec-
tion entitled uCertificate--of Intention to Reconstruct" of this Article is
not recorded within the one hundred eighty (ISO) day period provided therein,
the right of any Owner to partition through legal action aa described in
the Article hereof entitled '~imitationa Upon the Right to Partition and
Severancell shall forthwith revive.
Section 7 -Compliance with Condominium Plan. Any reconstruction undertaken
pursuant to thi. Article shall subatantially conform to the CondominiUlll Plan,
as amended pursuant to the Section entitled "Amendment of CondominiUZl Planlf
of this Article, or othervi-se, -if appropriate.
Section 8 -Negotiations with Insurer. The Board shall have full authority to
negotiate in good faith with representatives of the insurer of the totally or
partially destroyed Condaadnium Building or any other portion of the Common
Area, and to make .ettlement with the insurer for less than full insurance
coverage OD the d ... ge to the Condominium Building or any other portion of the
Common Are.. Any .et.lament _de by the Bo.rd in good faith ahall be binding
upon all OWner.. .
Section 9 -Repair of Units. Installation of improvements to, and repair of any
damage to, the interior of • Unit ahall be made by and at the individual expense
of the owner of that Unit and. in the event of a determination to reconstruct
after partial or total de.eruction, shall be completed u promptly aa practical
and in a lawful and vorlaDanl.ika manner.
Section 10 -Amendment of Condominium Plan. In the event_ that reconstruction is
to take place pursuant to this Article, the Board shall have the power to record
an mendment to the Condominium Plan so that the Condominium Plan conforms to the
Condominium Building. aa designed to be reconstructed; provided, however, the
Board ahell not file an .... ndlHn. '0 the CoodaadniUlll Plan without the prior
authorization of the MOrtgagee of a Mortgage encumbering any Condominium, the
plan of which aball be altered by such amendment. In the event that the Board,
together with said Mortgageea, if appropriate, decide to record such amendment to
the Condominium Plan, all Owners within the affected Project and the record
holder. of all security interasts in said ?roject ahall execute and acknowledge
.aid amendment so thet it will coaply with Sec'ion 1351 of the california Civil
Cod. or any similar statute then in eff.ctt Said OWners and holders of security
intereats shall also execute such other documents or take such other actions as
required to make auch amendment effective.
Section 11 -Reconatruction of Community V.ciiitie. or Common Area. If Community
Vaciliti.a or Common Area other than a Condominium Building ia totally or par-
I
tially d.atroyed, the Board shall cauae reconstruction to commence by the earlier
of (i) thir.y (30) days of .he Associa.ion's receipt of the insurance proceeds
I payable by reason of such destruction, or (ii) ninety (90) days after each
I
destruction, and to thereafter be diligently and continuously prosecuted to
completion within a reasonable period of time. The Trustee shall pay to the
Board all insurance proceeds payable by reason of such destruction and the Board II shall apply such proceeds to the costa of reconstruction. In tho event that the
~,:.~i~no:s=ur;;a=n~c;;e~p;;r~o~c~e~e~d!"._a;;r;;e_n;;o;;t_';;U;;f;;fi;;C;;i;;e;;n;;t_~;;0;;4;;P;;.;;Y~t!"h;;e-:oc~o;;a;;';;;._0;;;f~r;;e;;co;;n;;a;;tlir;;U;;Clit~i;;o;;n_O!"f~t~h~e ...
91/S-24-79 CC&R'. Island Lagoon Homeowners Association
BA63a7-S 2S6-91 (2-25-S0)
'.-:--
( )
Community Facilities or Common Area, the Board shall levy a Reconstruction
Assessment against all Owners in the Project which suffered such damage to its
Common Area in a total amount equal to such difference and in the case of Co~
munity Facilities, a similar Reconstruction Assessment shall be levied against
all Members. 1£ the insurance proceeds exceed the cost of reconstruction, the
Board shall in the CAse of Common Area, distribute the excess in equal shares to
each Owner in such Project or to their Mortgagees a8 their interests may appear,
and in the case of Co~~ty_Facilit1es, to 811 Owners.
Section 12 -Availability of Labor and Material. In determining whether the
plans for a reconstructed Condominium Building are in substantial conformance
with the Condominium Plan, the Board may take into consideration the availabil~y
and espanaa of the labor and materials in the original construe tion of the
Project. If such labor or material. i8 not available or is prohibitively
expenaive at the time of reconstruction, the Board may permit the substitution
of other labor or material 8S it deems proper.
Section 13 -Contracting for Reconstruction. In tbe «vent repair or reconstruc-
tion 1a undertaken pursuant to tbis Article, other than the Section entitled
IlRepair of Unita" hereof, the Board or its delegates shall have the sole ability
to contract for sucb work as may be necessary for said repair and reconatruction.
Section 14 -Seventy=Five Percent (75%) Vote Required. All insurance proceeds
available from any total or partial destruction shall be applied to the purposes
set forth in this Arttcle, ·unl ..... otherwise .pecified pursuant to the vote or
written assent of not l.s. than seventy-five percent (75%) of the Ftrst Kort-
gageea baaed on one (1) vote for each Firat Mortgage bald thereby and the
neceaaary governing agenciea~ approval such as City Planning Director and City
Attorney, I.a.W.D., and County of Orange.
Section 15 -Costa of Collecting lnaurance Proceeda. If it Ibould become neces-
sary 1n the judgaent of the Board to incur coats for appraisals, legal f88a,
court costl and similar expenses in order to determine or collect inaurance
proce.ds, such coat. ahall be first deducted before diatribution or application
of lnlurance proceeds as provided in this Article.
91/8-24-79 CC&R's
BA63a9
9-5
Island Lagoon Homeowners Association
286-91 (7-11-80)
---~~.-.---~~-.--~----... -
· ........... ----
ARTICLE X
EIIINENT DOIlAIN
Section 1 -Definition of Tak.ins. The term "t.kingll ... used in this Article
shall mean condemnation by eminent domain, or by sale under threat thereof, of
all or part of the Covered Property.
Section 2 -Representation by Board in Condemnation Proceeding. In the event
of a taking, the Board sball, subject to the right of all Kortgagees who have
requested the right to join the Bo4rd in the proceeding., represent all of the
Kembers in an action to recover all awarda. No Kember shall challenge the
good faith exercile of the discretion of the Board in fulfilling its duties
under this Article. The Board is. further empowered, subject to the limitations
hereip, al the sole-representative of the Members, in all .spects of condemna-
tion proceedings not specifically covered herein.
Section 3 -Award for Condominium. In the evant of a taking of Condominiums, the.
Board shall distribute the award forthcOMing from the taking authority according
to the provisions of thi. Section after deducting therefrom fees and expen.el
related to the condemnation proceeding including, witbout limitatiou, fees for
attorney. and appraisers and court costs. In the event that the taking is by
judgment of condemnation and said judgment apportion. the avard &mOng the ~er3
and th.ir relpective Mortgasee., the Board shall distribute the amount remaining
after .uch deductiona among.such OWner. and Mortgagees on the allocation b~is
set forth in such judgment. In the event that the taking i. by sale under threat
of condemnation, .or if the judgment of condemnation fails to apportion the award,
the Board shall diltribute the award among the Owners in the Project in which the
taking occurs and their respective Kortgagees based upon the relative values of
the CondominiuMs affected by such taking a. determined by: (i) an independent
apprailal conducted by an K.A.I. appraiser selected by the Board and (ii) tbe
degree to which each Condominium ha. been affected by the taking. The d6termi-
nation by the Board II to the degree each Condominium hal been affected by
the taking shall be final and binding on all Owners and Kortgagee.. Nothing
contaioed herein shall entitle an Owner to priority over a Mortgagee of his
Condominium II to the portion of the condemnation award allocated to his Condo-
mlDlum. In no event shall any portion of such award be distributed by the Board"
to an Owner and/or the Mortgagees of his Condominium in a total amount greater
than the portion allocated hereunder to such Condominium.
Section 4 -Inverse Condemnation. The Board is authorized to bring an action
in inverse condemnation. In such event, the provisions of this Article shall
apply with equal force.
Section 5 -Revival of Right to Partition. Upon a taking which renders more
than fifty percent (50%) of the Condominiums in any Project incapable of being
restored to at least ninety-five percent (95%) of their floor area and substan-
tially their condition prior to the taking, the right of any Owner within such
Project to partition through legal action as described in the Article hereof en-
titled 'tt.imitationl Upoo the Right to Partition and SeveranceH shall forthwith
revive. The determination as to whether Condominiums partially taken are capable
of being so restored shall be made by the Board} whose decision shall be final
and binding on all Owners and Mortgagees.
Section 6 -Awards for Members! Personal Property and Relocation Allowances.
Where .11 or part of the Covered Property is taken, each Member shall have the
exclusive right to claim all of the award made for his personal property, and
any relocatioo, moving expense, or other allowance of a similar nature designed
to facilitate relocation. Notwithstanding the foregoing provisions, the Board
shall represent each Member in an action to recover all awards with respect to
such portion, if any, of Members I personal property as is at the time of any
taking, as a matter of law, part of the real estate comprising any Condominium,
and shall allocate to such Member so much of any awards as is attributable.in
the taking proceedings, or failing such attribution, attributable by the Board
to such portion of Members' personal property.
91/8-24-79 CC&R'.
BA63al0-11
10-1
Island Lagoon Homeowners Association
286-91 (8-21-79)
I '-.../, Section 7 -Notice to Members. The Board, immediately upon having knowledge of
any taking or threat thereof with respect to the Covered Property, or any portion
thereof, shall promptly notify .11 Hembers.
Section 8 -Change of Condominium Interest. In tbe event of a taking, and
notwithltanding the Section entitled "Amendmenta ll of the Article herein en-
titled "General Provisions," the Board may amend the Condominium Plan.to reflect
the change in the Project or Projects affected by a taking. In the event that
tbe Board decides to record such amendment to the Condominium Plan, all Owners
within such Project or Projects and the record' holders of all security interests
in such Project or Projects sball execute and acknowledge said ~ndment so that
it will comply with Section 1351 of the California Civil Code or any similar
statute then in effeet. Said Owners and holders of seeurity interests shall ale a
execute sueh other documents or take eueh other actions as required to make sueh
amendment effeetiv-e. The Itoard shall cause a notice of cl1ange in the·-Condoainium
Plan to be sene to each Owner and Mortgagee in such Project or Projects within
ten (10) days of the fil-iug of sueb amendments in the County Recorder l s-Office of
Orange County, California.
Section 9 -Award for Community Facilities. Any awarda received on account of
the taking of Community Facilities shall be paid to the A.sociation. The Board
may in its· .ole di.cretion retain any award in .the general funds of the As.ocia-
tion or distribute pro rata all or a portion thereof to the Member.. The rights
of an Owner and the Mortgagee of his Re.idence as to any pro rata distribution
shall be governed by the provision. of the Mortsag. encumbering luch Residence.
91/8-24-19 CC&R's
BA63al2
10-2
Island Lagoon Homeowners Association
286-91 (8-21-19)
ARTICLE XI
USE RESTRICTIONS
Section 1 -Commercial Use. Subject to the Section entitled IICon.truction
and" S.les" of the Article hereof entitled 'txasementsn, no part of • Residence
shall be used or caused to be used or allowed or authorized in any way, directly
or indirectly, for any business, commercial, manufacturing, mere.u"tile, atoring,
vending, or any nonresidential purposesj provided, however, that the A •• oci.tion
shall have the right to provide or authorize such services on the Common Area
or Community F.ciiitie •• s it deema appropriate for the enjoyment of the Common
Area or Community Facilities or for the benefit of the Members.
Section 2 -Signl. No aign or billboard of any kind shall be di.played to the
public view OD any portion of the Covered Property except such signa as may be
used by Declarant or itll lIalel agents in connection witb the development of
the Covered Property and .ale of the Rellidencelj provided, however, that a
Member may display in hil Re.idence, a sign advertising its lale or le.se by
hLD so long .s such lIign IIball comply vith any cUlltomary and rea.onable
standards promulgated by the Board as to the size, color, shape or other
qualification for permitted. signs.
Section 3 -Nuilance. No noxious or offenaive trade or activity shall be
carried on upon any Residence, or any part of the Covered Property nor shall
anything be done thereon-which may be, or may become an annoyance or nuisance
to the neighborhood, or which ah.ll in any vay interfere vith the quiet enjoy-
ment of each of the Owners af his respective Residence, or which .hall in any
way incre •• e the rate of in.urance on any Residen~e or the Covered Property.
Section 4 -Temporary Structures. No structure of a temporary character, trailer,
ba.ement, tent, shack, garage, barn or other out-building shall hereafter be used
on any Reaidence at any time, either temporarily or permanently.
Section 5 -Vehicle.. No trailer, camper, boat or similar equipment shall
be permitted to remain upon the Covered Property, including, without limitation,
Icreetl, alley. or driveway., unles. placed or maintained within an enclosed
area, or unlel. ob.cured from view of adjoining Relidences, street •• or alleys by
a fence or appropriate screen, nor permitted to be parked other than temporarily,
pn any .treet, alley, or any other portion of the. Covered Property. Temporary
parking shall mean parking of vehicles belonging to guests of Ownerl, delivery
truckl, service vehiclel and other coa:aercial veh·icles being u.ed in the fur-
nishing of service. to the Alsociation or the Owners and parking of vehicles
belonging to or being u.ed by Owners for loading and unloading purposel~ The
Board may adopt rules for the regulation of the admission and parking of vehicles
within the Covered Property, including the as.e.sment of charges to Owners who
violate or whOle invitees violate, .uch rule.. Any charges so asses.ed shall be
Special AISel8ment.. Any fence or screen required under this Section shall
coaply with any standards promulgated pursuant to the Article entitled IIArchi-
tectural Control" of this Declaration al to size, color. or other qualification
for permitted fencel or Icreen.. In addition, the Board may delignate areas:
within the Covered Property for parking of camper. and I~ilar equipment without
the requirement of fencing or screening.
Section 6 -Ania.ll. No an~als, livestock or poultry of any kind. shall be
railed, bred or kept upon the Covered Property~ except that dogs, cats or other
household pet. may be kept on the Residencel, provided they are not kept. bred
or maintained for any commercial purpOle, or in numbers de~ed unrea.onable by
the Board. Notwithltanding the foregoing, no animals may be k~pt on the Resi-
dence. which in the good faith judgment of the Board or a comqittee selected
by the Board for thi. purpose, reault in an annoyance or are obnoxious to
residents in the vicinity. All .n~ls permitted to be kept by thil Section
shall be kept .on & lea.h wben on any port ion of the Covered Property except
within a Re.idence.
91/8-24-79 CC&R'.
BA63al3-14
Island Lagoon Homeowners Association
286-91 0-6-80
I . J
I )
r)
1 ,
I
Section 7 -Oil and Mineral Rights. No oil drilling, oil development operations,
oil refining, quarrying, or mining operations of any kind shall be permitted upon
or in the Covered Property nor, ,ubeequent to the recording of this Declaration,
sh.ll oil wella, tanks, tunnell, or mineral excavations or Shafts be in.talled
upon the surface of the Covered Property or within five hundred (500) feet below
the surface of such properties. No derrick or other structure designed for use
in boring for water, oil or natural gas shall be erected, maintained or permitted
upon the Covered Property.
Section 8 -Unsightly Items. All weeds, rubbish, debris, or unsightly material
or objects of any kind shall b~ regularly removed from the Residences and shall
not be allowed to accumulate thereon', All clothesline., refuse containers,
woodpiles, storage areas, machinery and equipment shall be prohibited upon any
Residence unless obscured from view of adjoining streete or portions of the
Covered Property from a height of six (6) feet or les8. Any fence or screen
required by this Section shall comply with any standards promulgated pursuant to
the Article. entitled .iArchitectural Control" of this Declaration as to siz:e,
color or o~her qualification for permitted fences or screens.,
Section 9 -Antennae. No television, radio, or other electronic antenna or
device of any type shall hereafter be erected, constructed, placed or permitted
to remain on the Covered Property unless and until the same shall have been
approved in writing by the Architectural Committee, or unless the same be con-
tained within a building,
Section 10 -Drainage. Ali drainage of water from any Residence shall drain or
flow into adjacent streets, or alleya an~ shall not be allowed to drain or flow
upon, acro •• , or under any other portion of the Covered Property uniesl an
easement for .uch purpo.e is granted.
Section 11 -Garages. No Garage door.
for a temporary purpo.e, and the Board
opening of Garage doors, including the
or .whose invitees violate such rule ••
ASlesslDents.
shall be permitted to remain open except
may adopt rules for the regulation of the
aaaelsment of charges to Owners who violate
Any charges so as.eased shall be Special
Section 12 -Window Covers. Curtains. drapes, shutters or blind. may be in-
stalled.a. window covers. No win~ow shall be covered with aluminum foil or
similar material.
Section 13 -CaLifornia Vehicle Code. The City !hall be allowed to Lmpose and
enforce all provilion. of the applicable California Vehicle Code sections on any
private street. contained within the Covered Property.
Section 14 -Single-Family Residential. All Residences shall o?ly be used for
the residential purpoles of a family.
Seceion 15 -Rard Surface Flooring. Rard surface floor coverings including, but
not limited to wood, ceramic tile, and surfaces such as non-cushioned asphalt
tile, linoleum or vinyl shall be prohibited on upper levels of Units where such
flooring, or portion thereof, i. located i.eediately above a Unit, or portion
thereof, of another Owner. Such reacriccion in flooring material Ihall not apply
in thOle inltance. where the upper and lover levels are a part of the same
Unit.
~~~~~~~ _____________ 1l_-_2~~~~~~~~~~~~ ~1/8-24-79 CC&R's Island Lagoon Homeowners Association
BA63a15-16 286-91 (5-15-81) dau
together with the right of the Association to convey, lease or otherwise transfer,
subject to the provisions of this Section, all or any portion of the Community
Facilities to said district.
(g) The right of the Association to grant easements on, over and under the
Common Area to public utilities or governmental entities or agencies; provided
that such easement shall not unreasonably interfere with the right of any Owner
to the use and enjoyment of his Residence and the Common Area. No such e&Sement
shall be effective unless an instrument signed by Members entitled to cast
two-thirds (2/3) of the 'voting power of the Members residing in the Project in
which the easement will be granted has been recorded agreeing to the granting of
such easement. The certificate of the President and Secretary of the Association
attached to such inatrument certifying that the Members signing such instrument
represent two-thirds (2/3) of the voting power of the Members residing in the
Project in which the easement will b~ granted shall be deemed conclusive proof
thereof. .
(h) The right of particular Owners to the exclusive use of Restricted Common
Area as provided in the Article hereof entitled "Definitions.1t
Section 2 -Delegation of Use. Any Member may ·delegate his right of enjoyment to
the Community Facilities and Common Area .to the members of his family or his
tenants who reside on his Residence, or to his guests, subject to rules and
regulations adopted by tb, Board.
Section l -Waiver of Use. No Member may exempt b~self from personal liability
for Asses~ents duly levied by th~ A.,ociation, Qor release the Residence owned
by him from the lieUl, charges and other provisions of tbis Decl~ration, the
Article •• Bylaws and Association Rule~. by waiver of the use and enjoyment of the
Community Facilities and Common Area. or the abandonment of his Residence.
91/8-24-79 CC&R'.
BA63.19
12-2
Island Lagoon Homeowners Association
286-91 (8-21-79)
ARTICLE XII
RIGHTS OF ENJOYMENT
Section 1 -Members' Right of Enjoyment. Every Member shall have a nonexclusive
easement for use and enjoyment in and to the Common Area, regardless of the
Project in which such Member is an Owner and such right shall be appurtenant to
and shall pass with the interest required to be an Owner to every Residence,
subject to all of the easements, covenants, condition., reltriction. and other
provi.ions contained in this Declaration, including, without limitation, the
following provisions:
(.) The right of the Association to limit the number of guests of Members
and to l~it the use of the Community Facilities by persons not in po.ses.ion of
a Relidence, but owning a portion of the interest in a Relidenee required for
membership.
(b) The right of the Association to eltablish reasonable rulel and regula-
tionl pertaining to the use of the recreational facilitie., if any, located On
the Common Area or the Community Facilitie •.
(c) The right of the Allociation to borrow money for the purpo.e of improving,
replacing, re.toring or expanding the Community Facilities or adding new C~nity
Facilitie. and in aid thereof,_ to mortgage said property, provided that the prior
affirmative vote or written approval of a majority of each of the Cla •• A and the
Cl ••• B Kember. ~al been obtained to mortgage .aid property, and provided further
that the right. of the lender thereunder .hall be subordinated to the rights of
the Members. In the event of a default upon any such mortgage of the Community
Facilities, the lender t • rights thereunder sh.ll be limited to a right, after
taking pOlselsion of such properties, to charge ad.ission and other fees a. a
condition to continued enjoyment by the Members and, if neceslary, to open the
enjoyment of the Community Facilitiel to a wider public until the mortgage debt
i. sati.fied, whereupon the polle •• ion of such properties .hall be returned to
the A'lociation and all rights of the Memberl hereunder shall be fully reltored.
(d) The right. of the Allociation to SUI pend the right of a Member to
ule the recreational facilitiel, if any, located on the Common Area or the
Community Facilities Or any portion thereof delignated by the Board during
any time in which any Aa.es~ent against hi. Relidence remainl unpaid and delin-
quent or for a period not to exceed thirty (30) day. for any single infraction of
the rule. and regulation. of the ASlociation, provided that Iny suspenlion of
such right to ule .uch recreational facilities, if any, located on the Common
Area or the Community Pacilities, except for failure to pay AIses~ent., shall be
made _only by the Allociation or a duly appointed committee thereof, after notice
and hearing given and held in accordance with the Bylaws. Notwithstanding the
foregoing, the A.sociation shall not have the right hereunder to auspend Iny
Memberla right to ule Iny Portion of the Covered Property neceslary for such
Member to gain acce •• to hi. Residence.
(e) The right of the Association subject to the approval rights of First
Hortgagee. pur.uant to the Article hereof entitled "Rights of Lenderl", to
dedicate or tranlfer all or Iny part of the Community Facilities to any public
Igency, authority or utility'or other entity. No such dedication or transfer,
including, without U .. itation, the conveyance, lease or ot-her transfer of any
portion of the Community Facilities to a special tax a.ae.~ent di.trict or to
the City, .hall be effective unlesl an instrument signed by Members entitled to
ca.t tva-third. (2/3) of the voting pover of the membership ha. been recorded,
Igreeing to luch dedication or tran.fer. The certificate of the Prelident and
the Secretary of the A •• oeiation attached to such instrument certifying that the
M~ber. signing luch in.trument represent two-thirds (2/3) of the voting power of
the Association shall be deemed conclusive proof thereof.
(f> The right of the Association to establish in cooperation with the City,
a special tax Issessment district for the performance of III or a portion of the
mlintenance and other functions now within the responsibility of the Association,
91/8-24-79 CC&R'.
BA63al7-18
12-1
Island Lagoon Romeowners A,sOclation
286-91 (3-6-81)
)
~ . -'J
r)
all Residences within the Covered Property, and provided further that no such use
by Declarant and others shall otherwise restrict the Members in the rea.onable
u.e and enjoyment .of tbe ·Covered Property.
(f) Utilities Shown on Tract Map. There i. hereby reserved to Declarant,
together with the right to grant and transfer the same, easement. over the
Covered Property for the installation and maintenance of electric, telephone,
cabLe television, water, gas, •• nitary sewer linea and drainage facilities .a
shown on the. recorded tract maps covering the Covered Property.
(g) Public Bicycle and Pedestrian Trails. There is hereby reserved to
Declarant, together with the right to grant and transfer the same, an easement
for public ingre.s and egrea. over any bicycle, pedestrian, equestrian or other
trails sbown on any recorded final tract or parcel map covering the Covered
Property. The reservation of this easemeat shall not imply any right of public
use of the Covered Property or improvement. thereof.
Section 4 -Certain Eaaemeats for Owners.
(.) Rights and Duties: ntilit"ies and Cable Television. Wherever sanitary
sewer house connectiona, water house connections, electricity, s •• , telephone and
cable television lines or drainage facilities are installed within the Covered
Property, the OWner. of any Residence served by said connections, lines or
facilities .hall have the right" and there is hereby reserved to Declarant,
together with the right to grant and transfer the same to Owners an ealement
to the full extent necessary for "the full use and enjoyment of such portion of
such connections which service his Relidence, and to enter upon the Residences
owned by others, or to have utility companiel enter upon the Residences owned by
others, in or UPOQ which said connections, lines or facilities, or any portion
thereof lie, to repair, replace and generally maintain said .connections as and
when the same may be necelsary as "let forth below, provided that such Owner or
utility company shall promptly repair any damage to a Residence cauaed by such
entry as promptly as possible after completion of work thereon.
(b) tnlresl, 8sre •• and Recreational RiBhts. Declarant hereby reaerves
to itself, its successors and a •• igns. and agrees that it will grant to all
Owner. nonexclu.ive easements for ingre •• , egre •• , pede.trian walkway and general
recreatiooal purpole. over and upon the Community Facilities and" Common Area
which is not Restricted Common Area. Such easements when granted to Owners .hall
be subject to the rights of the Association as set forth in the Article hereof
entitled HRights of Enjoymentl!,
(~) Exclusive Restricted Common Area Easement. There is hereby reserved to
Declarant, together w1th the right to grant and transfer the same, exclusive
easements which shall be appurtenant to the Units, over the Restricted Common
Area. The Unit shall be the dominant tenement and the" exclusive easement shall
burden the Restricted Common Area as the servient tenement. Subject to the
rights of the A.sociation as provided in the Section entitled "Repair and Main-
tenance by Msoeiation" of the Article entitled IIRepair and Maintenancell of this
Declaration, the benefit of such easement shall inure only to the Owners of Units
indicated on the Condominium Plan an~ their families and guests. The easement of
enjoyment over the Common Area granted to Members in the Section entitled IIIn-
gress, Egress and Recreational Rightsl! of this Article shall not apply to those
portions of the Common Area designated as Restricted Common Area.
Section 5 -Certain Easements for Association.
(a) Association Rights. There is hereby reserved to Declarant easements
over the Covered Property, together with the right and obligation to grant and
transfer the same to the AssociatioD, for the purpose of permitting the Associa-
tion to discharge its obligations aa described in this Declaration.
91/8-24-79 CC&R'.
BA63a22-23
13-2
Island Lagoon Homeowners Association
286-91 (3-6-80
ARnCLE XIII
EASE!!ENTS
Section 1 -Amendment to Eliminate Easements. Thi, Declaration cannot be amended
to modify or eliminate the easements reserved to Declarant without prior written
approval of Declarant and any attempt to do so shall have no effect. Any attempt
to modify or eliminate this Section shall likewise require the prior written
approval of Declarant.
Section 2 -Nature of Easements. Unless otherwise set forth herein, any easement
reserved to Declarant herein shall be nonexclusive.
Section 3 -Certain Rights and Easements Reserved to Declarant.
(.> Utilitiea. Easements over the Covered Property for the installation
and maintenance of electric., telephone, cable television, water, gas, sanitary
sewer linea and drainage facilities as are needed to service the Covered Property
are hereby reserved by Declarant, together with the right to grant and transfer
the same; provided, however, such easements shall not unre .. onably interfere with
the use and enjoyment by the Members of their Residences or the Common Area and
Community Facilitiel.
eb) Cable Television. There is hereby reserved to Declarant over the
Covered Property, together with the right to grant and transfer the same, the
right to emplace on, under or across the Covered Property tranlmiuion lines and
other facilities for a community antenna television system and thereafter to own
and convey such lines and facilities and the right to Inter upon the Covered
Property to aervice, maintain, repair, reconstruct and replace said lines or
facilities; provided, nowever, that the exerei •• of such rights shall not unrea-
sonably interfere with any Owner's realonable use and enjoyment of his Residence.
(c) Oil and Mineral Rishtl. There i. hereby reserved to Declarant,
together with the right to grant and transfer the lame, all oil, oil rights,
mineral., mineral rightl, natural ga. rights, and other hydrocarbons by whatso-
ever name known, geothermal steam, and all products derived from any of the
foregoing, that ~y be within or under the Covered Property together with the
perpetual right of drilling, mining, exploring and operating therefor and Jtoring
in and removing the same from said land or any other land, including the right to
whipstock or directionally drill and mine from land. other than the Covered
Property, oil or gaa well., tunnel. and shafta into, through or acro.s the
.ublurface of tne Covered Property and to bottom such whipstocked or direction-
ally drilled wells, tunnels and ahafts under and beneath or beyond the exterior
limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and
operate any such well. or mine. without, however, the right to drill, mine,
store, explore and operate through the lurface or the upper 500 feet of the
sublurface of the Covered Property.
Cd) Water Rights. There is hereby reaerved to Declarant with full right
and paver, among others, to transfer or asaign to other. or to use or utilize on
any other property owned or leased by Declarant, any and all water rights or
intere.ts in water riahts no matter how acquired by Declarant, and oWned or used
by Declarant in connection with or with relpect to the Covered Property, whether
auch water right. shall be riparian, overlying, appropriative, percolating,
prescriptive or contractual, provided, however, that the reservation made herein
sball not rl.erve to or for the benefit of Declarant any right to enter upon the
.urface of the Covered Property in the exercile of luch rights.
ee) Conltruction and Sales. There i. hereby reserved to Declarant,
together with the right to grant and tranJfer the lame to Declarant's aales
agent I and reprelentative. and prospective purchaser. of R.lidence., over the
Covered Property as the same may from time to time exilt, eaaements for construc-
tion, display, maintenance, sal.1 and exhibit purposes in connection with the
erection and .ale or leas. of Re.idencea within the Covered Property; provided,
however, that such use .hall not be for a period beyond the sale by Declarant of
91/8-24-79 CC&R'.
BA63.20-21
13-1
tsland Lagoon Komeowners Aaaociation
286-91 (8-21-79)
( ~
n
ARTICLE XIV
ANNEXATIONS
The raal property delcribed on Exhibit C (hereinafter in this Article referred to
u the "Annaation Prop.rtyll) and/or any other real property may be sunued to
and become subject to this Declaration by any of the methods set forth herein-
after in this Article, a. follows,
Section 1 -Development of the Covered Property. Declarant intends to sequent-
ially develop the Annexation Property On a phased basie; however. Declarant may
elect not to develop all or any part of such real property, to aan~ such real
property to this Declaration in incrementa of any. size whatsoever, or to develop
more than one such increment at any given tfme and in any given order. Moreover,
Declarant reserves the right to subject all or any portion of the Annuatlon
Property to the plan of this Declaration or one or more separate decl~ratlon8 of
covenants, conditions and restrictioua which subjects-_aid property to the
jurisdiction and povers, of a "homeowners association or other entity with powers
and obligation. similar to the Association and which is not subject to the
provisions of this Declaration. Although Declarant shall have the ability to
annu. the ADnuation Property a. provided in this Article, Declarant shall not be
obligated to annex all or any portion of such property, and such property shall
not become subject to this Declaration unless and until a Supplementary Declara-
tion ahall have been 80 executed and recorded.
Section 2 -Annexation Pursuant to Approval. Upon the vote or written assent of
not leI. than sixty-six and two-third. percent (66-2/3%) of the Applicable Voting
Power, any perl on who desires "to add real propertYt other than the Annexation
Property to the plan of this Declaration and to subject luch proparty to the
jurisdiction of tha ~80ciation, may fila of record a Supplementary Declaration.
The provisiolUl of this Section shall also apply to the Annuation Property
sub •• quent to the expiration of the power of Declarant to annes such property
without the approval of the Members .a provided in this Article. ~. certificate
of the Presid.nt and the Secretary of the Aaaociation attached to any Supplemen-
tary Declaration recorded pursuant to this Section certifying that the required
oixty-aix and tva third. percent (66-2/3%) of the Applioable Voting Power has
approved the recordation of such Supplementary· Declaration shall be de~ed
conclusive proof thereof.
Section 3 -Supplementary Declarations. A Supplementary Declaration shall be a
writing in recordable form. which mnues real property t9 the plan of this
Declaration and which incorporates by reference all of the covenants, conditions,
restrictions, e.sements and other provisions of this Declaration and shall
contain such other prOVisions aa sat forth in this Declaration relating to
Supplementary Declarations. Such Supplementary Declarations contemplated above
may contain such complementary additions and modifications of the covenants,
conditions and restrictions contained in this Declaration as may be necessary to
reflect the different character, if any, of the annexed property and a8 are not
inconsistent with the plan of this Declaration. In no event, however t ahall any
such Supplementary Declaration, or any merger or consolidation, revoke, modify or
add to the covenants established by this Declaration with respect to the existing
property.
Section 4 -Annexation Without Approval and Pursuant to General Plan. Allor
any part of the Annexation Property may be annexed to and become subject to
this Declaration and subject to the jurisdiction of the Association without
the approval, allent or vote of the Association or its Members, provided that
a Supplementary Declaration covering the portion of the Annexation Property to
be annexed, shall b. azecuted and recorded by Declarant; provided, however, the
annexation must be effected prior to the third anniversary of the original
issuance of the most-recently-issued Final Subdivision Public Report for a
Phase of the Development. The recordation of said Supplementary Declaration
shall constitute and effectuate the annexation of the said real property des-
cribed therein, making said real property subject to this Declaration and
subject to the functions, powers and jurisdiction of the AsSOCiation, and there-
after said annexed real property shall be part of the Covered Property and all of
the Owners of Residences in said annexed real property shall automatically be
Members.
91/8-24-79 CC&R's
BA63a26-27
14-1
Island Lagoon Homeowners AssociatLon
286-91 (7-11-80)
(b) ·Rights and Duties: Utilities and Cable Television. Wherever sanitary
sever house connections, water house connections, electricity, gas, telephone and
cable television lines or drainage facilities are installed within the Covered
Property) and said connections, lines or facilities serve the Community Facili-
ties, the Association shall have the right and there is hereby reserved to
Declarant, together with the right to grant and transfer the same to the Asso-
ciation an easement to the full extent necessary for the full use and enjoyment
of such portion of such connections which service the Community Facilities and to
enter upon the Residences owned by others~ or to have utility companies enter
upon the Residences owned by others, in or upou which said connections, lines or
facilities, or any portion thereof lie) to repair, replace and generally maintain
said connections 8S and when the same may be necessary as set forth below) pro-
vided the Association or utility company shall promptly repair any damage to a
Residence caused by ·such entry as promptly as possible after completion of work
thereon.
Section 6 -Support, Settlement and Encroachment. There is hereby reserved to
Declarant, together with the right to grant and transfer the same to Owners, the
following reciprocal easements for the purposes set forth belov:
(a) An easement appurtenant to each Residence which is contiguous to another
Residence or Common Area or Community Facilities which Residence shall be the
dominant tenement and the contiguous Residence or Common Area or Community
Facilities shall be the servient tenement.
(b) An easement appurtenant to the Common Area or Community Facilities
contiguous to a Residence, which Common Area or Community Facilities shall be the
dominant tenement and which contiguous Residence shall be the servient tenement.
(c) An easement appurtenant to the Community Facilities which are contiguous
to Common Area, which Community Facilities shall be the dominant tenement.and
which Common Area shall be the servient tenement.
(d) It i. provided, however, that in the event Community Facilities are the
dominant tenement in an easement de.cribed in this Section, Declarant shall have
the right to transfer said ease=ent to the Association and Dot to Owner ••
(e) Said easements shall be for the purposes of:
(i) support and accommodation of the natural settlement of structures
(ii) encroachment by re.son of • roof or eave overhang from.
Residence and for the maintenance of such roof or eave overhang by the Owner of
the dominant tenement;
(iii) encroachment of fireplaces, doorsteps, foundation footings,
garage doors, utilities and other appurtenances Or fixtures and the maintenance
thereof by the OWner of the dominant tenement, which, in the construction of the
structures upon the dominant tenement or from any reconstruction or modifications
of such structures, project beyond the external surface of the outer walls of
such structures.
91/8-24-79 CC&R'.
BA63.24-25
.---c--. -, •. --
13-3
I.land Lagoon Homeowner. Association
286-91 (8-21-79)
,~-
I )
~
/-..
)
ARTICLE XV
RIGHTS OF LENDERS
Section 1 -F1110g Notice; Notices and Approvals. A Mortgagee shall not be
entitled to receive any notice wbich this Declaration requires the Association to
deliver to Mortgagees unless and until such Mortgagee, or itB mortgage servicing
contractor, has delivered to the Board a written notice stating that such Mortga-
gee is tbe holder of a Mortgage encumbering a Residence within the Covered
Property_ Such notice need not state which Residence or Residences are encum-
bered by such Mortgage, but shall state whether such Mortgagee 1s a First Mortga-
gee. Wherever the approval of all or a specified percentage of Mortgagees is
required pursuant to this Declaration, it shall be deemed to mean the vote or
approval of all or a specified percentage only of thoae Mortgagees which have
delivered such notice to the Board. Notwithstanding the foregOing, if any right
of a Mortgagee unde-r this Declaration is conditioned on a specific written
request to the Association, in addition to having delivered the notica provided
in this Section, a Mortgagee muat also make such request, either in a separate
writing da1ivered to the Aaaociation or in the notice provided above in this
Section, in order to b. entitled to luch right. Except 88 provided in this
Section, a Mortgagee's rights pursuant to this Declaration, including, without
limitation, the priority of the lien of Mortgages over the lien of Assessments
levied by the Association hereunder shall not b. affected by the failure to
deliver a notice to the Board. Any notice or request delivered to the Board by a
Mortgagee s~all reaain effective without any further &etion by such Mortgagee for
so long aa the facts set f~rtn in such notice or request remain unchanged,
Section 2 -Priority of Mortgage Lien. No breach of the coveaanta, conditione or
restriction. herein contatned, nor the enforcement of any lien proviaione berein,
lhall affect, impair, defeat Of render invalid the lien or charge of any Firat
Martsas_ ude in good faith and for value encUSlber1ng any ReSidence, but all of
said covenants, conditioua and r •• trictione shall be binding upon and effective
againat any OWner who.e' title 18 derived through foreclolure or truate."',B Bale,
or otherwise, vith relpect to a R.esid81lce u:cept .. otherwise provided in this
Article.
Section 3 -CuriRg Defaults. A Mortgag.e Or the immediate tranaferee of BUch
Mortgase., who acquirel' title by judicial foreclosure, deed in lieu of foreclosure
or trute.". 8&le lhall not be obligated to cure any breach of the provisions of
this Declarati011 which U 1I000curable or of a type which U 110t practical or .
feasible to cure. Tb. determill&tioll of the lloerd IUd. in good faith .. to
whetber a breach is noncurable or not feasible to cure shall be final and binding
on all Mortgage.a.
Section 4 -Resale. It is intended that any loan to facilitate the rea ale of any
Residence after judicial foreclosure, deed in lieu of foreclolure or trustee's
.ale 10 a loall made in good faith Slid for value and entitled to all of the right.
and protectiona afforded to other Mortgagee.,
Section 5 -aelation.hip vith ~.essment Liens.
(a) The liell provided for in the Articl. hereof entitled '~onpayment of
AIIsesallenta" for the payraent of Mselamentl sball be subordinate to the lien of
any Firat Mortgase which va. recorded prior to the date any such Assessment
becomel due.
(b) If any Residence subject to a monetary lien created by any provision
hereof Iball be subject to the liln of I P1rlt MOrtgage, (1) the foreclosure of
any lien cr .. ted by anything set forth in this Declaration shall not operate to
affect or impair the lien of such Firat Mortgage; and (2) the foreclosure of the
lien of said Firlt Mortgage t (such eventa being bereinafter referred to as
"Eventa of Foreclolurell ) shall not operate to affect or impair the lien hereof,
escapt that any persona who obtain an interest through any of the Events of
Foreclosure, and their 8UCCessors in interest, shall taka title free of the lien
91/8-24-79 CC&R'.
BA63a29-bl
15-1
laland Lagoon Homeowners Association
286-91 (7-11-80)
Section 5 -Mergers or Consolidations. Upon a merger or cOQBolidation of the
Association with another allaociation which merger or· couolidation cauat be
approved by sixty-.ix and tvo-third. percent (66-2/3%) of the Applicable Voting
Power, the ~aociation'. properttea, rights and obltgationa may, by operation of
law, be transferred to the surviving or consolidated association, or, alter-
natively, the properties, rights and obligations of another 48aociatiou may, be
oparation of lav, be added to the propertiea, rigbta and obligations of the
AssOCiation aa a surviving corporation pursuant to a marger. The surviving or
consolidated association may administer the covenants, conditions and re-
strictiona established by this Declaration within the Covered Property, together
with the COVenants and reatrlctiou. established upon any other property aa one
plan.
Section 6 -Limitation Upon Annexation. Notwitbatanding the foregoing SectioQB
of this Arttcle, unlesa there haa been approval thereof by a ujority of the
Applicable Voting Povar, no annexation of additional real property to thi.
Declaration, ahall have the effect of either overburdening the common interests
of the then exiating OWners, except .. sat forth in thi. Declaration or aub-
at_ntially increa.ing the !as.aaaents of auch Owners if such increase haa not
beon dilclo.ed in the California Department of Real Estate'. Final SubdiVision
Public Report applicable to such Owner'lI Residence.
91/8-24-79 CC&R'.
BA63a28
14-2
Island Lagoon Homeowners Association
286-91 (7-11-80)
.:-....
{ }
Section 7 -Other Rights of First Mortgagees. Any First Mortgagee or its mortgage
servicing contra~tor, shall, ~pon written request to the Association, be entitled
to:
(8) Inspect the books and records of the Association during normal business
hoursj
(b) Receive the annual audited financial statement of the Association
ninety (90) days following the end of the Association 1 s fiscal year;
(c) Receive written notice of all annual and special meetings of the Members-
or of the Board, and First Mortgagees shall further be entitled to designate a
representative to a~tend all such meetings in-order to, among other things, draw
attention to violatioDs of this Dec·laration which have not been corrected or made
the subj"ect of remedial action by the Associationj provided, however, fl:0thing
concained in Chis Secc'ion shall give a First MorCgagee Che right to call a
meecing of the Board or of the Members for any purpose or to vote at any such
meeting; and
(d) Receive written notification from the Association of any default in the
performance of the Obligations imposed by this Declaration by the Owner whose
Residence is encumbered by such First Morcgagee's Mortgage, which default
haa not been cured within thirty (30) days of' a request therefor by the Associa-
tion; provided, however, tbe Association shall only be obligated to provide such
notice to First Mortgagees who have delivered a written request therefor to the
Association specifying the Residence or Residences to which such request relates.
Section 8 -Mortgagees Furnishing Information. Mortgagees are hereby authorized
to furnis~ information to the Board concerning the status of any Mortgage.
Section 9 -Right of First Refusal. In the event this Declaration is amended to
provide for any right of first refusal to purchase or lease a Relidence in the
Associatiou, a Mortgagee who comel into poIse.sion of a Residence pursuant to a
judicial foreclosure, a deed in lieu of foreclosure or a trustee's sale shall be
exempt therefrom. In addition conveyances to and from th-ird party foreclosure
purcha.er. and mortgage insurers and guarantors shall alIa be exempt.
Section 10 -Conflicts. In the event of any confiict between any of the provis-
ions of this Article and any of the other provisions of this Declaration, the
provisions of this Article shall control.
Section 11 -Notice of Destruction or Taking. In the event that any Condominium,
Common Area or Community Facilities and any Uaprovements thereto or any portion
thereof is damaged or is made the subject of any condemnation proceedings in
eminent domain or is otherwise sought to be acquired by a condemning authority,
the Board shall promptly notify any First Mortgagee affected by such destruction,
taking or threatened taking. Aa used herein, "damaged" or "taking"· shall mean
damage or taking to the Common Area or Community Facilities exceeding Ten Thousand
Dollars ($10,000.00) or damage or taking to a Unit exceeding One Thousand Dollars
($1,000.00). If requested in writing by a First Mortgagee, the Association
shall evidence its obligations under this Section in a written agreement in favor
of such First Mortgagee.
Section 12 -Payment of Taxes or Premiums by First Mortgagees. First Mortgagees
may, jointly or singly, pay taxes or other charges which are in default and which
mayor .have become a charge against the Common Area or Community Facilities,
unless such taxes or charges are separately assessed against the Owners, in which
case the rights of First Mortgagees shall be governed by the provisions of their
Mortgages. First Mortgagees may, jointly or si~gly, also pay overdue premiums on
hazard insurance policies, or secure new hazard insurance coverage on the lapse
of a policy) for the Common Area or Community Facilities and First Mortgagees
making such payments shall be owed immediate reimbursement therefor from the
Association. Entitlement to such reimbursement shall be reflected in an agreement
in favor of any First Mortgagee which requests the same to be executed by the
Association.
91/8-24-79 CC&R'.
BA63b4-5
15-3
Island Lagoon Homeowners Association
286-91 (7-11-80)
personal obligation for said charges as shall have accrued up to the time of any
of the Events of Foreclosure, but subject to the lien hereof for all said charges
that shall accrue subsequent to the Events of Foreclosure.
(c) Any First Mortgagee who obtains title to a Re.idence by. reason of 4ny of
the Events of Foreclosure, or any purchaser at a private or judicial foreclosure
sale under and pursuant to the terms of a First Hortgage shall take title to such
Residence free of any lien or claLm for unpaid Assessments against such Residence
which accrue prior to the time such First Mortgagee _or purchaser takes title to
such Residence, except for liens or cla~. for a share of such Assessments
resulting from a pro rata reallocation of such AssesBments to all Residences
within the Covered Property.
(d) Nothing in this Section shall be construed to release any Owner from his
obligations to pay for any A.ses5ment levied pursuant to this Declaration.
::s=e'ic=t:i"on=,.6.,-~S:,e:.v::.~n::t:::-::F:iirv"e:TP"e;;r"c"ie",n".:t:=:(,,-7-:5,,%.;;) ,:v=o~t e::.:0r.;,f ;:F~i=,r::.::t=-=:M;;o"r:;t'tiameC'e::.:7' Exc e 11 t upon the pr10r wr1tten approval 0 at east seventy-1ve percent of First Hortgagees,
based on one (1) vote for -each First Mortgage held, neither the Association nor
the Members shall be entitled to do any of tbe following:
(a) Abandon or terminate by any act or omi'lion the condominium legal status
of the Covered Property, or any part thereof, except for abandonment or te~ina
tion provided by law and/or this Declaration in the case of substantial destruc-
tion by fire or other calualty or in the case of a taking by condemnation or
eminent domain;
(b) Dillolve the Association or abandon or terminate the maintenance of the
Community Facilitiea by the ASlociatioD; or
(c) Amend a material provision of thi. Declaration, the Bylawa or the
Articles. A material provision of such documents shall be defined al thoa.
provilionl governing the following subject.:
(i) The.percentage interelt of the Unit Owners in the Common Area
of the Project;
(ii) The fundamental purpoo. for which the Project va. created;
(iii) Voting;
(iv) AIsea~entsf aSles~ent liene and aubordination thereof;
(v) The reserve for repair and replacement of Community
Facilitiel or Common Area;
(vi) Property maintenance obligations;
(vii) Casualty and liability insurance;
(viii) Reconltruction in the event of damage or destruction:
(ix) Right. to us. the Community Facilities or Common Area:
(x) Annexation;
(xi) Any provilion, which by its terms, is specifically for the benefit
'of First Mortgagees, or specifically confers rights on First
Mortgagt es •
(d) Effectuate Iny decision to terminate profelsional management Ind assume
self-management of the Covered Property;
(e) Abandon, partition, sell, alienate, subdivide, releale, transfer,
hypothecate or othervile encumber the Common Area or Community Faciliti.'j
provided, however, the granting of easement. for public utilitiea or other public
purpose. conlistent with the intended use of the Common Area or Community Facili-
ties shall not require such approval.
(f) Partition or subdivide a Unit or any elements thereof;
(g) Change the Ownership interest of the Condominium as provided in the
Section entitled "Condominium" in the Article hereof entitled "Definitiona",
91/8-24-79 CC&R 0
BA63b2-3
15-2
Is an agoon OlI1eowners saoclatl-on
286-91 (3-6-81)
()
ARTICLE XVI I
LlHlTATIONS UPON THE RIGHT TO PARTITION AND SEVERANCE
Section 1 -No. Partition. The right of partition is hereby suspended, except
that tbe right to partition shall revive and the Project may be sold as a whole
when the conditions for such action set forth in the Articles hereof entitled
'txleatruction of Iaprovementalt and "Eminent Domain" have been met; provided,
however, notwithstanding the foregoing, any OWner may, upon the prior written
approval of the ?irst Mortgagee of the Pirat Mortgage encumbering his Condo-
minium, bring an action for partition by sale of the Project in which his
Condominium i. located, a. providad in Section 1354 of the california Civil Code
or any Similar statute then in effect upon the occurrence of any of the events
therein provided. Provided. further. thet 1£ any Condominium .hell be owned by
two (2) or mora co-tenants, nothing herein contained sball b. deemed to prevent a
judicial partition aa between such co-tenants.
Section 2 -No Severance. The elements of a Condoainium and other rights appur-
tenant to the ownership of a Condominium are inseparable, and each OWner agrees
that he sball not, while this Declaration or any similar declaration is in
effect, make any c-ouveyance of la88 than an entire Condoa.iniUli and such appur-
tenances. Any conveyanca made in contravention of this Section shall be void.
The provision. of this S.ction shell terminate on the date thet judicial parti-
tion shall be decread.
Section 3 -Proceeds of Partition Sale.
(a) Whenever an action 1.8 brought for the partition by .al. of a Project.
whether upon the occurr.nce of any of the events provided in Section 1354 of the
California Civil Cod. (or similar otatut. th.n in .ffect) or upon the revival of
the right to partition purauant to the Article. hereof entitled "Destruction of
Improvesents" or "!ainent DoMin", tb. OWnera of CondOldn1\S8 in such Proj tct
.hell .here in the proc.ada of such oal. in the .eae proportion .. their int.re.t
in auch Project. Aa u.ed in the faregoiDa aentence, auch intereat of aach OWner
shell b. d.termined by cootparing (i) an independent eppreioal of an Owner' a
Condominium conducted by an M.A.I. appraiser •• lected by the Board to (ii) the
total of the apprei.ad valu .. for all CondoadniUlllS in .uch Project.
(b) The distribution of the proceeda of any oUch partition oal. shall be
adjusted as necessary to reflect any prior diatributioD of in.urance proceeds or
condemnation avard .. may have been made to Owner. and their Mortgageea pursuant
to the Article. hereof entitled "Destruction of Improvementsll and "Eminent Do-
"mainlt • In ,the event of any such partition and sale, the liens and provisions
of all IIortgage. or As ....... nt liens encumbering CondoadniUlllS within the Project
or Projects so encumb.~ed sh.ll est.nd to each applicable OWner'. interest in the
proceeds of such partition and aale. The interest of an Owner in such proceeds
shall not be distributed to such Owner except upon the prior payment of any
Mortgage or Assessment lien encumbering such proceeds as aforesaid.
91/8-24-79 CC&&'.
BA63b8-9
17-1
Island Lagoon Homeowners Association
286-91 (7-11-80)
r"'\
I
()
ARTICLE XIX
GENERAL PROVISIONS
Section 1 -Enforcement. The Association, or any Owner, shall have the right to
enforce by proceedings at law or in equity, all restrictions, conditions, cove-
nanta and reservation., DOW· or hereafter imposed by the provisions of this
Declaration or any amendment thereto, including the right to prevent the viola-
tion of any such restrictions, conditions, covenants, or reservations and the
right to recoVer damages or other dues for such violation. The Association or
any Owner shall also have the right to enforce by proceedings at taw or in equity
the provisions of the Articles. or Bylaws and any amendments thereto. With
respect to architectural control, Asses.ment liens or any other· liens or charges
an~ Association Rules, the Association shall have the exclusive right to the
enforcement thereof.
Section 2 -No Waiver. Failu~e by the Association or by apy Member to enforce
any covenant, condition, restriction or reservation herein contained, or the
Articles, Bylaws or Association Rules, in any certain instance or on any particular
occasion shall not be deemed a waiver of such right on any such future breach of
the same or any other covenant, condition, restriction or reservation.
Section 3 -Cumulative R~edies. All rights, options and remedies of Declarant,
the Association, the Owners or Hortgagees under this Declaration are cumulative,
and not one of them shall be exclusive of any 'other, and Declarant, the Associa-
tion, the Owners and the Hor~gagees shall have the right to pursue anyone or all
of such rights, options and remedies or any other remedy or relief which may be
provided by law, whether or not stated in this Deelaration.
Section 4 -Severability. Invalidation of anyone or a portion of these cove-
nants, conditions, restrictions or reservationl by judgment or court order shall
in no way affect any other provisions which shall r~ain in full force and
effect.
Se~tion 5 -Covenants to Run with the Land; Term. The covenants, conditions,
restrictions or reservations of this Declaratioo" shall run ·with and bind the
Covered Property and shall inure to the benefit of and be enforceable by the
Association or any Owner, their respective legal representatives, ~eirs, suc-
cessors and assigns, for a term of sixty (60) years from the date this Declara-
tion is recorded, after which time said covenants,' condition. &n.d res tric·t ions
shall be automatically extended for successive periods of ten (10) years, unless
an instrument, signed by a majority of the then Owner. and seventy-five percent
(75%) of the First Mortgagees, based on one (1) vote for each First Mortgage
held, has been recorded at least one (1) year prior to the end of any such
period, agreeing to change said covenants, conditions, restrictions and re-
servations in whole or in part.
Section 6 -Construction. The provisions of this Declaration shall be, liberally
construed to effectuate its purpose of creating a plan for the development of a
residential community or tract and for the maintenance of the Covered Property.
The Article and Section headings have been inserted for convenience only, and
shall not be considered or referred to in resolving questions of interpretation
or conltruction.
Section 7 -Singular Includes Plural. Whenever the contex~ of this Declaration
require I same, the singular shall include the plural and the masculine shall
include the feminine and the neuter.
Section 8 -Nuisance. The result of every act or omission, whereby any provision,
condition, restriction, covenant, easement, or reservation contained in this Dec-
laration is violated in whole or in part, is hereby declared to be and consti-
tutes a nuisance, and every remedy allowed by law or equity against a nuisance,
either public or private, shall be applicable against every such result, and may
be exercised b:t the Association or any Member. Such remedy shatl be deemed
cumulative and not exclusive.
91 8-24-79 CC&R.
BA63bll-12
19-1
Island Lagoon Homeowner's -Assocl"atlon"
286-91 (5-15-81) dau
ARTICLE XVI
EFFECTS OF FEDERAL PROGRAMS
Section 1 -FHA/VA. Although Declarant has not obtained the approval of FHA or
VA in connection with the development of the initial Covered Property, such
approval may be sought by Declarant with respect to real property which is
subsequently annexed to tbe Covered Property pursuant to the Article of this
Declaration entitled IIAnnexatioDs". In the event that the approval of FHA or VA
1s so sought for the purpose of having FHA and/or VA insure or guarantee any
Mortgage or provide aoy form of assistance witbin the purview of such agencies
with respect to the Covered Property, the rules and regulations of FHA and VA 8S
the same exist at the date of recording of this Declaration require that FHA
and/or VA participate in certain decisions affecting the entire Covered Property
and the IUnagement· of the Association. ntis Article shall become effective
immediately upon the date a Supplementary Declaration, or other document is
recorded in the Official Records of Orange County, california stating that
such FHA and/or VA approval has been obtained.
Section 2 -FHA/VA Approval.
approval of the FHA or VA, or
gagee or guarantor or insurer
The following actions will require the prior
both, 80 long sa FHA and/or VA is an Owner, Kort-
of any Mortgage within the 'Covered Property.'
(a) Dedication or other transfer of any portion of the Community Facilities
pursuant to the Articles hereof entitled ''Duties and Powers of the Association"
and "Ughts of Enjoyment't.-;
(b) Alteration of the Community Factltties or the Residences, construction
of additional improvements, the ~tablishaent of additional licenaes, reserva-
tions and rights-of-way, or alteration of construction plans and designs, all
pursuant to the Section entitled "Conltruction by Declarant" of the Article of
thi. Declaration entitled ItGaural Proviaionslt •
(c) Kargar. or conaolidatlona of the Association pursuant to the Article
hareof entitled "Annaxatloua.1t
(d) Any amendment or modification of this Declaration pursuant to the
Section entitled ItAJIendment" of the Article of this Declaration entitled ''General
Provisions"j
Ca) Any amendment or modification of the Article. and Bylawa; and
(f) Annexation of additional properties to the plan of this Declaration pur-
suant to the Articla hereof entitled "Annexations";
(8) The A .. oc1ation shall submit for review and approval to 1IIA andlor VA
sixty (60) daye prior to the beginning of each fiscal year of the AsSOCiation, a
budget of the Coaaon Expanse. for the eu.uing fiscal year on an FHA and/or VA
model form of budgat indicatina the .. aunt of the Regular Aasessments, and such
submittal shall aleo include similar budgets for 1IIA/s andlor VAla review and
approval for capital Improvement. or Reconstruction Assessmenta if such Assess-
ment. are contemplatad for the next fiscal year period.
Section 3 -Regulatory Agreement. If requested so to do by FHA and/or VA, the
Board shall be aut01ll&tically authorized and shall be obligat.d to execute a
Regulatory Air .... nt on 1IIA Porm No. 3278 (revised August 1969) or such later
veraion thareof tben in uae or the analagoWl VA fora, or both ' .. modified to
reflact any peculiarities pertaining to the Covered Property .a shall be deemed
appropriate by 1IIA andlor VA.
91/8-24-79 CC&R's
BA63b6-7
16-1
Island Lagoon Homeowners Association
286-91 (7-11-80)
ARTICLE XVIII
PROTECTION OF THE 'PROJECT FROM LIENS
Section 1 -Association to Defend Certain Action.. In the event that a lawsuit
is brought against all or substantially all of tbe Kembers within a Project
which will or could re.ult in any lien or encumbrance being levied agaiUlt an
entire Project, the Association sh.ll defend lucb lawluit and tbe coats of
such defense shall be a Special Assessment against all of the Kembers within
such Project joined a. defendants in such law.uit; provided, however, in
the event that an insurance carrier 1s obligated to provide sucb defense under
.-policy of insurance carried by the A •• oci.tion. the A..oeiation aball be
relieved of the obligation to provide lucb defen.e. Nothing. contained herein
ahall in any way lL=it the rights of any Member or Kember. to retain counsel
of their choice to represent them in .uch lawsuit at their own expense. In
the event that a Member 10 chooles, he shall not be relieved of liability for
the Special Aasesament provided for in this Section.
Section" 2 -Payment of Lien. In the event that a lien or encumbrance not
covered by California Civil Code Section 1357 attaches to all or substantially
all of a Project by rea.on of a judgment or otberwi •• , the A •• ociation sball
promptly take the appropriate step. to remove .ucb lien, including but not
lUaited to the payment of money and tbe posting of a bond. The ~sociation
shall bave the power to borrow money and to take such other 'tepa .1 are neces-
sary to free a Project o~ .uch liena.
Section 3 -Ownerl to b. Specially A.ael.ed. Simultaneously with any action
taken pursuant to the Section entitled "Payment of Lien ll of thil Article, the
Aaaociation shall levy a Special Allellment againat all of the Kember. whale
Cond"ominiuall were subj4ct to the lien or encumbrance which cauled the A'locia-
tion to act pursuant to laid Section equal to each auch Member', pro'rata .hare
of such lien or encumbrance. In the event that such Special Aal.llment il not
paid within thirty (30) day. of it. due date. the Board ... y effect the remedies
of Section 1356 of the California· Civil Code and the Article hereof entitled
"Nonpayment of AI .... ment •• n
Section 4 -Re~bur.ement by Certain OWners. In the event that it shall be
proven in a court of lav of competent jurisdiction over the claim or claim.
caulina the A"ociation to take action under thil Article that a ju~gment
relulting in a lien on all or a portion of a Project va. pr~.rily due to
the act. or omis.ion. of a particular Kember or Kember. or the fa.ilie.
thereof. .uch Member or Member. ,hall reimbur.e the A'lociatioD for-all
expenaes incurred by it puriuant to the provisions of thi. Article. Up aD
such reimbursement, the As.ociatioD shall distribute the funds received to
the Members asainlt whom Special A ••• laments were levied pursuant to the
provilion. of this Article.
91/8-24-79 CC6R'.
BA63bl0
18-1
l.land Lagoon Homeowners Aalociation
286-91 (8-21-79)
I
Section 15 -Enforcement of Bonded Obli8ation~. In the event that the improve-
ments to the Community Facilities and Common Area have not been completed prior
to the is.uance of a Final Subdivision Public Report covering the Covered Property
by the Department of Real Estate of the State of California, and the Association
is obligee under a bond or other arrangement (hereinafter the "Bondl!) to secure
performance of the commitment of Declarant to complete such improvements J the
following provisions shall apply:
(a) The Board shall consider and vote on the question of action by the
Association to enforce the obligations under the Bond with respect to any
improvements for which a Notice of Completion has not been filed'within sixty
(60) days after the completion-dat~' specified for such improvements in the
Planned Construction Statement appended to the Bond. If the Association has
given an extension in writing for the completion of any Community Facilities and
Common Area improvement, the Board shall consider and vote On the aforesaid
question if a Notice of Completion has not been filed within thirty (30) days
after the expiration 6f such extension. '
(b) In the event that the Board determines not to initiate action to enforc~
the obligations under the Bond J or in the event the Board fails to consider
and vote on such question as provided above J the Board shall caLL a special
meeting of the Members for the purpoae of voting to override such decision or
such failure to act by the Board. Such meeting shall be called according to
the provisions of the Bylawa dealing with meetinga of the Membera, but in any
event such meeting Ihall be held not less than-thirty-five (35) days nor more
than forey-five (45) days after'reeeipt by the Board of a petition for such
meeting signed by Members reprelenting five percent (5%) of the total voting
power of the Association. '
(c) The only Members entitled to vote at such meeting of Members shall be the
Owners other than Declarant. A vote at luch meeting of a majority of the voting
power of such Members other than Declarant to take action to enforce the obliga-
tion. under the Bond shall be deemed' to be the decision of the A •• ociatioD and
the Board shall thereafter impL~ent such decision by initiating and pursuing
app'ropriate action in the name of the As.ociation.
Section 16 -Leases. Any agreement for the leasing or rental of a Residence
(hereinafter in this Section referred to a, a "lease") shan provide that the
term. of such lea.e shall be subject in all re.peets to the provision. of this
Declaration, the ArtiCles, the Bylaw'J the A.sociation Rulet and any applicable
agreements between ehe A'lociaeion and any of the Federal Agencie.. Said lease
shall further provide that any failure by the lessee thereunder to comply with
the terms of the foregoing documents shall be a default under the lease. All
leases shall be in writing, Any Owner who ,hall lease his Residence shall be
responsibLe for a.suring compliance by such Ownerls lessee with this Declaration,
the Articles, the Bylaws and the Association RuLes; provided, however J the
obligation of the foregoing sentence shall not apply to Declarant in the event
Declarant leases a Residence for a term of twenty (20) years or more and such
lea.e, or memorandum thereof. I. recorded. No Residence shall be leased for
t'ransient or hotel purposes, which shall be defined as rental for any period less
than thirty (30) days or any rental whatloever. if the occupants of the Residence
are provided cu.tomary hotel services such al room service for food and beverage,
maid service, furni.bing laundry and linen and bellboy service.
Section 17 -Construction By Declarant. Nothing in this Declaration shall limit
the right of DecLarant to alter the Community Facilities or the Residences, or to
construct,.uch additional improvements as Declarant deem. advisable prior to com-
pletion of improvements upon and sale of the entire Development. Such right
shall include but shall not be limited to erecting, constructing and maintaining
on the Covered Property such structures and displaYI as may be reasonably neces-
sary for the conduct of the business of completing the work and disposing of the
same by sale, lease or otherwise. This Declaration shall not limit the right of
Declarant at any time prior to acquisition of title by a purchaser from Declarant
~o establish on the Covered Property additional licenses, reservations and
rights-of-way to itself, to utility companies. or to others as may from time to
time be reasonably necessary to the proper development and disposal of the
Development. Declarant reserVes the right to alter its construction plans and
~~~~~~~ ___________ 1_9_-3 __ ~~~ __ ~ ____ ~ __ ~~~
91 8-24-79 CC&R's Island Lagoon Homeowners Association
BA63b15-16 286-91 (5-15-81) dau
Section 9 -Attorneys' Fees. In the event action is instituted to enforce any
of the provisions contained in this Declaration, the party prevailing in such
action shall be entitled to recover fram the other party thereto a. part of the
judgment, reasonable attorneys' fees and co.ts of such suit.
Section 10 -Notices. Any notice to be given to an Owner or a Mortgagee or
mortgage servicing contractor under the provisions of this Declaration shall be
in writing and may be delivered as follow.:
(a) Notice to an Owner shall be deemed to have been properly delivered when
delivered personally or placed· in the first class United States mail, postage
prepaid, to the most recent &ddress furnishedlby such Owner in WTiting to the
Association for the purpose of giving notice, or if no such address shall have
been furnished, then to the street address of such Owner1s Residence. Any notice
so deposited in the mail within Orange County, California, shall be deemed
delivered· forty-eight· (48)' hours after such deposit. In the case of co-Owners,
any such notice may be delivered or sent to anyone of the co-Owners on behalf of
all co-owners and shall be deemed delivery on all such co-owners.
(b) No-eice to a Mortgagee or its mortgage servicing contractor shall be
deemed to have been properly delivered when placed in the first class United
States mail, postage prepaid, to the address furnished to the Association'by such
Mortgagee or such contractor for the purpo.es of notice or, if no such address is
furnished, to any office of the Mortgagee in Orange County, California, or if no
such office is located fn 'aid-County, to any offiee of such Mortgagee.
(c) The affidavit of an officer or authorized agent of the Associ.tion
declaring under penalty of perjury that 4 notice has been mailed to any Owner or
Owners, to any Mortgagee or Mortgagees, or to all Members or all Mortgagees, to
the address Or addres.es thown on the records of the Associatio'n, shall be deemed
conclulive proof of such mailing, whether or not such notices are actually
received •
Seation 11 -Obligationl of Deelarant. So long al DeclaraDt is utilizing the
ealement de.cribed in the Section entitled "Con.truction-and Sale." of the
Article in this Declarati.on entitled IIE.sements," Declarant shall not be subject
to the provision. of the Article entitled "Architectural Control" or the provi-'
sion. of the Article ent~tled l'Use Restrictions.!'
Section 12 -Effect of Declaration. This Declaration is made for the purposes
set forth in the Recital. to this Declaration and Declarant makes no warranties
or representation., expre.s or implied, a. to the binding effect or enforce-
ability of all or any portion of this Declaration, or as to the compliance of any
of these provisions with public laws, ordinances and regulations applicable
thereto.
Section 13 -Personal Covenant. To the extent the acceptance of a conveyance of
a Residence creates a personal convenant between the Owner of such Residence and
Declarant or other ~ers, such personal covenant shall terminate and be of no
further force or effect from and after the date when a person or entity ceases to
be an Owner except to the extent this Declaration may provide otherwise with
respect to the payment of money to the A.sociation.
Section 14 -NonHabilLtr of Officials. To the fulle.t ext'ent permitted by law,
neither the Soard, the Architectural Committee, any other committees of the
AJlociation or any member of such Board or committee shal~ be liable to .ny
Member or the A"oeiation for any damage, 10 •• or prejudice suffered or claimed
on account of any deci.ion, approval or di.approval of plan. or .pecifications
(whether or not defective), course of action, act, omis.ion, error, nesligence or
the like made in good faith within which such Soard, committees or persons
reasonably believed to be the scope of their duties.
CC&R •
BA63b13-14
19-2
Island Lagoon Homeowners Association
286-91 (5-15-81) dau
) --
r--,
,)
STATE OF CALIFORNIA )
) SS
COUNTY OF ORANGE )
On , before til , the undersi Notary Public in and
fa said St.te,~raon.l1Y appe red.l' , known to me
to be the5 r1 'f:..~~.1 and' • W' , known to me to be
the A.Vt. of the corporation that executed the within instrument,
and known to_ me to be~he persons -who executed the within instrument on behalf
of the corporation therein named, and acknowledged to me that such corporation
executed the within inltrument" pursuant to its Bylaws or a Resolution of its
Board of Directors.
WITNESS my hand and official seal.
91 8-24-79 CC&R.
BA63b19
19-5
•
OFFICIAL SEAL
LINDA RUSSELL
NOTARY PU8UC· CAUFORMlA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MY COMWISSION £X~RES DEC. 21, 1914
Island Lagoon Homeowners ASSOclatlon
286-91 (5-19-81) dau
(
designs 'as it deems appropriate. Declarant shall exercise its righes contained
in this provision in such a way as not to unreasonably interfere with the Members'
rights to u.e and enjoy the Covered Property.
Section 18 -Amendments. Subject to the other provlslona of this Declaratioo,
including, without limitation, the rights of First Mortgagees pursuant to the
Article. hereof entitled "Insurancell and "Rights of Lenders,lI or otherwise, this
Dec laration may be amended as fa llows:
(a) Until such time a. there i. a Class A membership, this Declaration may
be cancelled or amended by Declarant. Any Supplementary Declaration covering all
or a portion of the property described in Exhibit C may be cancelled or emended
by Declarant until such tLne as there has been a conveyance of a Residence within
the real property described in said Supplementary Declaration. Thereafter, any
amend~nts shall require the affirmative vote or written assent of the Applicable
Voting Power.
(b) In addition to the foregoing, any amendment or modification of the
Articles hereof entitled "Covenant for Maintenance A •• essments," "Nonpayment of
Auessments," "Architectural Control,1I IIRepair and Maintenance," "Destruction of
Improvements" and "Eminent Domain" shall additionally require the prior written
approval of not le •• than seventy-five percent (15%) of Members other than
Declarant.
(c) An eMendment or modification that requires the vote and written assent
of the Member,' a, hereinabove provided shall be effective when executed by the
President and Secretary of the Aa.oeiation who shall certify that the £mendment
or modification ha. been approved a. hereinabove provided, and when recorded in
the Official Record. of Orange County, California.
(d) Notvith.tanding the foregoing, any provi.ion of this Declaration, or
the Article., Bylaw. or A •• ociation Rules which expre •• ly requires the approval
of a .pecified percentage of the voting power of the A.sociation for action to be
taken under ,aid provision can be amended only with the affirmative vote or
WTitten assent of not lest than the .ame percentage of the voting pover of the
A •• ociation.
Section 19 -Irvine COI.t Cou.ntry Club Indemnfty, The'Mlociation and e,ch OWner
'sh.ll hold the Irvine Coast Country Club, itl officers, aaent. and ~ployees
harmles. and free fra. liability from all damages, co.te or expen.e. incurred by
rea.on of injury to property or injury to or death of per.on. caused by golf
ball. enterins' the Covered Property from th~ adjacent Irvine Coa.t Country Club
property, and a. provided in the Article entitled "Inlurance" of this Declara-
tion, the A •• ociation may obtain any in.urance the Board deems appropriate to
cover any .uch damage., co.t. or expen.ee.
IN WITNESS WHEREOF, Declarant ha. executed thi. instrument the day and year fir.t
hereinabove written.
91/8-24-79 CC&R'.
BA63b17-18
19-4
I.land Lagoon Homeowner. A.sociation
286-91 (5-19-81) dau
,
')
~I
~ .. "'j
EXHIBIT A
INITIAL COVERED PROPERTY
Lots 1, 4, 5, 7, 9, 15 and A of Tract 9676-88 per map filed in Book 482,
Pages 1 to 6 inclusive, of Miscellaneous Haps, records of Orange County,
California.
~1/8-24-79 CC&R'.
BA63b22
Island Lagoon Homeowners As.oeiation
286-91 (3-6-81)
EmlBIT B
INITIAL COKHUNITY FACILITIES
Lot. 1, 7, 9 and A of Tract 9676 •• per map filed in Book 482, Page. 1 to 6
inclusive, of Milcellaneous Hap., record. of Orange County, California.
91/8-24-79 CC&R'.
BA63b23
Island Lagoon Homeowners Association
286-91 (3-6-81)
CONSENT OF ENCUMBRANCER
The undersigned, beneficiary under that certain deed of trust recorded on
April 24, 1981, in Book 14031, Page 1327, of Official Record. of Orange County,
California, to McLain Development Company •• California corporatioD, IS Tru.tor,
covering the lea.ehold interest in and to the Covered Property, hereby consent.
to the within Declaration of Covenant., Condition. and Reatrictions and hereby
subordinate. the lien of .aid deed of trust to the provilions of the Declaration.
UNITED CALIFORNIA BANK, a California
corporation
By-+~~~~~~~~~ __ ___ As President
i=U:;41 -
l STATI! OF CAUFORNIA .
COUNiY OP ORANGE } SS.
dIITTTlE INSURANCe iirI AND TRUST ._-
On May 28 J 1981 before me, tho unden.lpcd, a Notary Publk: in and for said
t State. penooa11y appeared Lawrence A. Nords trom
kDown to me to be ,he Vice Preside •• ,~:.~and~==R:, :J::, :Dwy::::e:r=======-__ _
knowntometobo Allat Vice President¥iVf&li' r-
of tho corporation that executed the wit.hiD IDStrnmeDt,
.. blown to me to be the penooJ who executed the withiD ~ Jnstrument 011 bebaJf of thI corporatlOD tbcrcin Damed. and
• a.cknowiedaed to me that such «If'POC'UIOD executed tho I within instrwneDt pumlI.D.t to ita by·laW! or • moIutiOD of t its board of dim::ton.
WITNESS my band and ofticial teal.
s~m~~~ ~.
CCQR a
BA63b20
OFFICIAL SEAL
•
SANDRA REUTER
• NOTARY P'\J81IC • CALIFORNIA ._ CIOUIIIY
.., _ ...... WAY 3, ItaS
~~~~~~~~
1s1afl_d Lagoon Homeowners Association
286-91 (5-19-81) d&u
"'---
RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:
THE LUSK COMPANY
17550 Gillette Avenue
P. O. Box 19560
Irvine, CA 92713-9560
Attn: Legal Department
88-073885
~
l...£!.O...J
Ptco~rwx; 0t0:,IeS1EO BY
~'rrp 7;', F <.J\ :n ,)F CALIF.
RECORDED IN OFFICIAL RECORDS
OF OI'lANGE COUNTY. CALlFCRNIA
-11 ~! AM FE819 '88
(Space Above Line For Recorder's Use Only)
SUPPLEMENTARY DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
ISLAND LAGOON HOMEOWNERS ASSOCIATION
TRACT 9676, LOTS 8 and 10
ORANGE COUNTY, CALIFORNIA
THIS SUPPLEMENTARY DECLARATION is made this 8th day of
December , 1987, by THE LUSK COMPANY, a California
corporation, hereinafter referred t6 as "Declarant."
RECITALS
WHEREAS, Declarant is the Owner of real property (herein-
after referred to as the "Annexed Property") described as Lots 8
and 10 of Tract No. 9676 as per map filed in Book 482, Pages 1
through 6, inclusive, as amended by Newport Beach Lot Line
Adjustment 85-5, recorded November 18, 1985 as Instrument No. 85-
462783, both filed in the Office of the County Recorder of Orange
County, California; and
WHEREAS, the Annexed Property is subject to the reservation
of rights and easements, and the declaration of covenants, set
forth in that certain Grant Deed conveying title in and to the
Annexed Property from The Irvine Company, as "Grantor", to
Declarant's predecessor-in-interest, as "Grantee", recorded
February 8, 1984 as Instrument No. 84-056845 in the Official
Records of Orange County, California (hereinafter referred to as
the "Grant Deed"); and .
6/2/87Rlefl32 -1-Phase 7
88-073835
WHEREAS, Declarant will convey the Annexed Property subject
to t"he rights, easements and covenants of said Grant Deed and
certain covenants, conditions, restrictions, reservations, liens
and charges substantially as set forth in that certain
Declaration of Covenants, Conditions and Restrictions which was
recorded on June 5, 1981 in Book 14088, Pages 1654 through 1715,
Official Records of Orange County, California, and as amended by
that certain Amendment to Declaration recorded January 25, 1982
as Instrument No. 82-27174, Official Records of said County,
(hereinafter referred to as the "Declaration"), pursuant to the
provisions of Article 14, entitled "Annexations", of the
Dec lara tion.
NOW, THEREFORE, it is declared as follows:
1. The Annexed Property is subject to the reservation unto
The Irvine Company, a Michigan corporation, its successors and
assigns, with the right to grant and transfer all or a portion of
the same, of the following referenced rights and easements which
are more specifically described and defined in said Grant Deed:
(a) All oil and oil rights, minerals and mineral
rights, hydrocarbons and geothermal resources, together
with the right to mine and remove the same, without the
right to enter the upper 500 feet of the Annexed Property;
(b) All water and water rights, together with the
right to remove and use the same, but without the right to
enter upon the surface of the Annexed Property;
(c) Nonexclusive easements in gross over and under the
Annexed property for purposes shown as existing or proposed
on any recorded parcel or tract map covering the Annexed
Property; and
(d) Nonexclusive easements over and under the Annexed
Property, within ten feet (10') from all property lines
bordering public or private streets, for utility purposes.
2. The Annexed Property is subject to the covenant that no
improvements shall be installed or constructed within the Annexed
Property without the prior review and approval of The Irvine
Company, all as more specifically described and defined in said
Grant Deed and Exhibit "A" attached thereto.
3. Subject to the modification of the Declaration herein-
after set forth, all of the Annexed Property is hereby made sub-
ject to the terms, covenants, conditions and provisions of the
Declaration, as provided in Article 14, entitled "Annexations",
of the Declaration. The Declaration, to which the Annexed
Property shall be subject, is hereby modified with respect to the
Annexed property, as follows:
-2-
88-073885
(a) Delete in its entirety section 15, entitled "Hard
Surface Flooring", of Article XI, entitled "Use
Restrictions," of the Declaration, and substitute in place
thereof the following provision:
"Section 15 -Hard Surface Flooring: Hard surface
floor coverings including, but not limited to, wood,
ceramic tile, asphalt tile, linoleum or vinyl, may be
installed in upper levels of Condominium Buildings only
in those areas of Units which are depicted on Exhibit
"B", attached to this Supplementary Declaration and
incorporated herein by this reference. This
restriction in flooring material shall not apply to
lower levels of Condominium Buildings or in any
instance where a Unit is comprised of both upper and
lower levels."
(b) Add Section 20, entitled "The Lusk Company
Indemnity," to Article XIX, entitled "General provisions,"
of the Declaration, as follows:
"Section 20 -The Lusk Company Indemnity. Each Owner
shall indemnify, defend and hold Declarant, its officers,
agents, employees, successors and assigns, harmless from and
against any and all obligations, liability, suit, claim,
loss, judgment, lien, cost or expense of any kind, including
attorney's fees, that Declarant or the specified others may
incur in connection with injury or death to the person, or
damage to the property, of Owner and its invitees, or in
conne·ction with the existence of a nuisance or trespass, by
reason of or arising out of the golf and related activities
at the Newport Beach Country Club."
All other terms, covenants, conditions and provisions
of the Declaration shall apply to the Annexed Property as though
said real property was part of the initial Covered property
defined in the Declaration. In no event shall this modification
of the Declaration revoke or modify any of the covenants
established by the Declaration with respect to such initial
Covered Property.
4. The recordation of this Supplementary Declaration shall
constitute and effectuate the annexation of the Annexed Property,
making said real property subject to the Declaration as modified,
and subject to the functions, powers, and jurisdiction of ISLAND
LAGOON HOMEOWNERS ASSOCIATION, a California nonprofit mutual
benefit corporation (hereinafter referred to as the "Associa-
tion"), as provided in the Declaration, and thereafter said real
property shall be part of the Covered Property as that term is
defined in the Declaration, and all of the Owners of Residences
in the Annexed property as those terms are defined in the
-3-
(
88-073885
Declaration, shall automatically be Members of the Association
and Owners under the Declaration.
5. All rights and easements reserved by Declarant in the
Declaration are hereby reserved by Declarant over the Annexed
Property, together with the right to grant and transfer the same
as provided in the Declaration.
IN WITNESS WHEREOF, this instrument is executed as of the
day and year first above written.
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
THE LUSK COMPANY,
a California corporation
By: ~~~~~~~~--~-------By:~~~~Vice President
DOnaldD.St~~ Assistant Secretar
On December 29, 1987 before me, the under-
signed, a Notary Public in and for said State, personally
appeared James C. Waples
personally known to me or proved to me on the basis of satis-
factory evidence to be the person who executed the within instru-
ment as the Sr. Vice President and Donald D. Steffensen
personally known to me or proved
to me on the basis of satisfactory evidence to be the person who
executed the within instrument as the A?sistant Secretary
of the Corporation that executed the with~n instrument and
acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors.
WITNESS my hand and official seal.
Si<gnature
-4-
(
88-073885
CONSENT OF ENCUMBRANCER
The undersigned, Beneficiary under that certain Deed of
Trust recorded September 27, 1985, as Instrument No. 85-369558,
in the Office of the Orange County Recorder, California, hereby
consents to the attached Supplementary Declaration of Covenants,
conditions and Restrictions covering Lots 8 and 10 of Tract 9676,
and hereby subordinates the lien of said Deed of Trust to the
provisions of the Supplementary Declaration.
STATE OF CALIFORNIA
COUNTY OF ORANGE
)
) ·SS.
)
SERVICE MORTGAGE COMPANY,
a California corporation
/
By :-=-;rJ;?ZCl~~:t:~~----
J C.
On December 29, 1987 before me, the under-
signed, a Notary Public in and for said State, personally
appeared James C. Waples
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the Vice President and
Donald D. Steffensen personally known to me or proved to me
on the basis of satisfactory evidence to be the person who
executed the within instrument as the Assistant
Secretary of the Corporation that executed the within instrument
and acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors.
WI?NESS my hand and official seal. ~'''''otFiCIALsEA\''' --1 .. ~., VICKI L JOHNSON I ~ I .' NOTARY PUBlIC·CAlIFORNIA
.. o""s· PRI'lCIPAl OffiCE Itt ~\: '. ORANGE: COUNTY •
(."!::-~'~ My Cornm. Exp. Mat. 2.1990 ~
• ....., '" ..... ""w ""'""'" ".. "'",.,.
S gnature
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EXHIBIT "B" ucru{ JOO)
UPHILL CONOOMINllM BUILDING -LIPPER LEVEL. PLAN 1
MASTER BEDROOM
I I
I I I I
I I
I I
I I
I I
I I
I I
I r---------t I
\--1 l--\.
NOOK
HARD SURFACE FLOOR COVERING
PERMITTED IN SHADED AREAS ONLY.
PAllO I DECK
DINING ROOM
PallO 2 of 7
LIVING ROOM
BEDROOM 3
{DEN
,......IIWoIo ...... .....----t
I I
I I
I I
I I
I I
I I
I I
I I
I \ I \
\ ;----------t \
\--1 +-~
EXHIBIT " B " 88-073885
UPHILL CONDOMINIUM BUILDING -UPPER lEVa. PlAN 2
PATIO/DECK
NOOK
HARD SURFACE FLOOR COVERING
PERMITTED IN SHADED AREAS ONLY.
MASTI:R BEDROOM
LIVING ROOM
DINING ROOM DEN
------1
I
I
!
f
f
I
I
I
I
I
I I t----------t I
~~ ~~
BEDROOM 2
~-"~"""'...l--1
I
I
I
I
I
I
I
I
I
I
I 1----------t I l-~ i--L
Pl!oe 3 of 7
EXHIBIT " B ' , 88-073835
UPHIU CONDOMINIUM BUILDING -UPPER LEVEL PLAN 3
MASTER BEDROOM
BEDROOM 2
..... ____ ...a---
j
I
I
I
I
I
I
I
I
I
I I I j-"---------t I
i-J 1-.1
PAllOt DECK
H .... RD SURFACE FLOOR COVERING
PERMITTED IN SHADED AREAS ONLY.
MORNING ROOM
LMNG ROOM
PaQe 4 of 7
DINING ROOM
BEDROOM 3
I
I
I
\
I
I
\
I
\
I
I r---------1" I
j.......\. 1---4
(
EXHIBIT" B" 88-073885
DOWNHILL CONDOMINIUM BUILDING -UPPER LEVEL PLAN 1
MASTER BEDROOM
GARA.GE
HARD SURFAce FLOOR COVERING
PERMITTED IN SHADED AREAS ONLY.
PATIO/ DECK
NOOK
DINING ROOM
BEDROOM 2
Pa.go 5 of 7
lMNG ROOM
BEDROOM 3
IDEN
·GARAGE
EXHIBIT "B"
DOWNHILL CONDOMINIUM BUILDING -UPPER LEVEL PLAN 2
NOOK
DINING
ROOM
GAAAGE
PAT10/DECK
LMNG ROOM
Page 8 of 7
HARD SURFACE FLOOR COVERING
PERMITTED IN SHADED AREAS ONLY.
MASTER BEDROOM
BEDROOM 2
GAAAGE
(
EXHIBIT "E"
OO-UIJOOJ
DOWNHILL CONDOMINIUM BUILDING -UPPER LEVEL PLAN 3
PAllO I DECK
MASTER BEDROOM LIVING ROOM
BEDROOM 2
GARAGE
Paoa 7 of 1
HARD SURFACE FLOOR COVERING
PERMITTED IN SHADED AREAS ONLY.
MORNING ROOM
DINING ROOM
_ ..... _.---,;.
BEDROOM 3
GARAGE