laguna de la paz homeowners association...2020/05/28 · laguna de la paz is a residential planned...

Laguna de la Paz Homeowners Association

Rules & Regulations

Adopted by the Board of Directors May 28, 2020

LDLP Rules & Regulations May 2020 Page

1

Table of Contents

LAGUNA DE LA PAZ HOMEOWNERS ASSOCIATION RULES & REGULATIONS .................................................................. 2 INTRODUCTION…............................................………………… ........................................................................................... 2 DEFINITIONS……………………………………………………………………………………………………………………………………………………………….2 CONDUCT & BEHAVIOR ................................................................................................................................................ 3 PRIVATE DWELLINGS .................................................................................................................................................... 4

1. ARCHITECTURE FOR PRIVATE DWELLINGS ................................................................................................................ 4 2. LANDSCAPING FOR PRIVATE DWELLINGS ................................................................................................................. 4 3. EXTERIOR APPEARANCE OF PRIVATE DWELLINGS ..................................................................................................... 5 4. HOME CARETAKERS/MANAGERS .............................................................................................................................. 7 5. LEASE AND RENTAL OF AN OWNER’S DWELLING ...................................................................................................... 7 6. PETS…………… ............................................................................................................................................................. 7

VEHICLES…..…….………………………………………………………………………………………………………………………………………………………….8 7. VEHICLE COMPLIANCE .............................................................................................................................................. 8 8. PARKING……. ............................................................................................................................................................. 8 9. DECALS………. ........................................................................................................................................................... 10 10. GUEST PASSES ......................................................................................................................................................... 10 11. CLUBHOUSE PASSES ................................................................................................................................................ 10 12. VENDOR PASSES ...................................................................................................................................................... 10

COMMON AREA………. ................................................................................................................................................ 11 13. COMMON AREA ARCHITECTURE ............................................................................................................................. 11 14. COMMON AREA LANDSCAPING .............................................................................................................................. 11

COMMON AREA RECREATIONAL FACILITIES ................................................................................................................ 11 15. BOATS…………. ...................................................................................................................................................... ...11 16. FITNESS CENTER ...................................................................................................................................................... 12 17. CLUBHOUSE ............................................................................................................................................................ 12 18. LAKE……… ................................................................................................................................................................ 13 19. POOLS/SPAS ............................................................................................................................................................ 13 20. TENNIS COURTS AND PICKLEBALL COURTS ............................................................................................................. 14 21. HIKING TRAIL ........................................................................................................................................................... 15

VENDORS………………….. ............................................................................................................................................... 15 VIOLATIONS………………… ............................................................................................................................................. 15 OWNER’S LIABILITY… .................................................................................................................................................. 16


2

LAGUNA DE LA PAZ HOMEOWNERS ASSOCIATION RULES & REGULATIONS

Effective January 1, 1999 Revised 4/2000, 9/2000, 11/2001, 1/2002, 11/2002, 10/2003, 3/2005, 11/2006, 11/2007, 10/2008, 09/2010, 04/2011, 04/2012, 07/2014, 5/2020 INTRODUCTION

Laguna de la Paz is a Residential Planned Development of 392 dwellings, one undeveloped residential lot and related Common Area. The Laguna de la Paz Homeowners Association Rules and Regulations are developed and adopted by the Association’s Board of Directors to define the responsibilities of Owners, Tenants, vendors and guests. As such, they expand and further clarify relevant sections of the Association’s governing documents. Adherence to the Rules and Regulations will allow our Community to maintain its common elements while protecting individual rights. The Board of Directors, Management and onsite staff are responsible for enforcing the Rules and Regulations in a fair and consistent manner. The Board of Directors has the right to grant exceptions and delegate enforcement, but retains the authority to conduct hearings and levy fines. All Owners, Tenants, vendors and guests shall abide by the Rules and Regulations. The Board of Directors will revise these rules as needed, in its discretion. If any of these Rules and Regulations are inconsistent with the CC&Rs, the CC&Rs will prevail. Seasonal rules for any amenities may be adopted upon the discretion of the Board. DEFINITIONS

Unless otherwise specified herein, the definitions set forth in the CC&Rs apply to these Rules and Regulations:

Community - The entire Common Interest Development of Laguna de la Paz Association - The Laguna de la Paz Homeowners Association Davis-Sterling Act - Common Interest Development Act State of California CC&Rs - Declaration of Covenants, Conditions and Restrictions Board - The Board of Directors of the Laguna de la Paz Homeowners Association Management - The entity entrusted with the day to day management of the Association Common Area - Those portions of the Community and all improvements thereon owned by the Association Owner – Any individual who holds title to one of the 392 dwellings in the Community Tenant - Individuals with a signed lease agreement on file with Management or any person residing in the dwelling who is not an Owner Vehicle - Any motorized or electric vehicle registered with the DMV


3

CONDUCT & BEHAVIOR

All individuals living, visiting, making deliveries or pick-ups, or working in Laguna de la Paz shall be treated with respect and courtesy. No person shall interfere with or threaten any member of the Board, duly appointed committee members, security officers, Management representatives or persons having lawful business in the Community. No person shall threaten or cause bodily harm, use abusive language or profanity or act in an unreasonably loud and boisterous manner to the disturbance or annoyance of another. No person shall interfere with the normal ingress and egress to the Community, loiter in or about the entrances or gatehouse or interfere with the duties of the security officer(s) on duty. Quiet hours for the LDLP Community are from 10:00 p.m. – 7:00 a.m., Monday-Friday, and 10:00 p.m. – 8:00 a.m. Saturday and Sunday. During quiet hours, Owners and Tenants may enjoy their own Dwellings, but do so in a way that does not disturb the enjoyment of others in the Community. Quiet hours apply to all activities in the Community (e.g., activities at the clubhouse, recreational facilities, and individual Dwellings). *Please see additional information regarding vendors and power tool usage in Vendor section on page 15. Owners and Tenants must contact the Community Manager to request approval from the Board if planning live or amplified music at their Dwelling above 80 decibels and/or prolonged music or other sounds that unreasonably disturb the enjoyment of others in the Community. The request shall be made at least 30 calendar days prior to the anticipated conduct. If approved by the Board, the requesting Owners and Tenants are required to notify the Community in writing by email blast at least fourteen calendar days in advance of the anticipated conduct. Further, Owners, Tenants and guests must adhere to City of La Quinta noise limits as stated below.

City of La Quinta Exterior Noise Limits Noise level that may not be exceeded for a cumulative period more than...

Noise Standard at Affected Land Use

Noise Sensitive Other Non-residential

Daytime 7 a.m. – 10 p.m.

Nighttime 7 a.m. – 10 p.m.

Daytime 7 a.m. – 10 p.m.

Nighttime 7 a.m. – 10 p.m.

30 min/hr 60 dBA 50 dBA 75 dBA 65 dBA




Anytime 80 dBA 70 dBA 95 dBA 85 dBA

Note: For the purposes of this section, the term “cumulative period” means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not. Source: “City of La Quinta General Plan Update Noise Element Technical Report, Urban Crossroads, June 3, 2011.


4

PRIVATE DWELLINGS

1. ARCHITECTURE FOR PRIVATE DWELLINGS 1.1 In order to maintain a uniform and attractive appearance throughout the Community,

Owners must adhere to all current Architectural Standards. 1.2 No exterior improvements or modifications shall be made to a Lot or Dwelling without

the prior written approval of the Architectural Committee. Architectural Standards and Architectural Modification Requests may be obtained through the onsite Management Office, the Management website, or LDLP HOA website. (See Article 8 of the CC&Rs for further information.)

2. LANDSCAPING FOR PRIVATE DWELLINGS

A. FRONT YARD 2A.1 Additions, changes or modifications to an Owner’s front yard require submission

of a Landscape Modification Request, as well as review by and written approval from the Landscape Committee prior to work commencing. All requests must include detailed layout drawings, plantings, and changes to the existing irrigation system. Landscape Modification Request forms may be obtained from the onsite Management Office, the Management website, or LDLP HOA website.

2A.2 Only vegetation included in the catalog of approved plants and trees may be used. Substitutions must be approved by the Landscape Committee.

2A.3 Landscape modifications of the Owner’s front yard shall be at the Owner’s expense.

2A.4 Owners may not remove healthy trees, shrubs or plants from their front yards. If special circumstances exist, Owners may request an exemption from the Landscape Committee. If an exemption is approved, all work must be done at the Owner’s expense. The Landscape Committee may also require that said tree, shrub or plant be replaced, also at the Owner’s expense.

2A.5 The Association’s landscape contractor maintains all Common Area landscaping and grounds and most Owners’ front yards. Landscaping in the front yard of an Owner’s Dwelling must not require extra effort or expense to maintain than other Owners’ front yards. Owners will be financially responsible for maintenance of any areas requiring additional labor by any landscape contractor, including the Association’s contractor.

2A.6 Vegetation such as tree limbs, palm fronds or vines, in the Owner’s front yard, shall not make contact with any roof and must be maintained with a 12” clearance.

2A.7 Large trees or shrubs with invasive roots shall not be planted in the front yard or near a common wall or Common Area.

2A.8 Any vegetation that impedes or interferes with the Association’s maintenance of the exterior of any Dwelling is prohibited.

2A.9 Windblown vegetation, in the Owner’s front yard creating noise or debris impacting neighbors, is prohibited.


5

2A.10 Any vegetation, in the Owner’s front yard, that obstructs, impairs or otherwise unreasonably interferes with any lake or mountain view line, as defined in the CC&Rs and related governing documents, is prohibited.

2A.11 The cost of repair for any structural damage caused by vegetation planted by an Owner in their front yard will be the sole responsibility of the Owner.

2A.12 Curb ramps may not remain on any property between the hours of 10:00 p.m. and 7:0 a.m.

B. REAR AND SIDE YARDS

2B.1 Any vegetation, in the Owner’s side or rear yard, that obstructs, impairs or otherwise unreasonably interferes with any lake or mountain view line, as defined in the CC&Rs and related governing documents, is prohibited.

2B.2 Vegetation in the side and rear yards must be maintained with a minimum of 12” clearance from Owners Dwellings’ roofs, stucco walls and the perimeter of the LDLP property walls on Washington and Eisenhower.

2B.3 All vegetation, which includes trees in the side and rear yards, must be trimmed and properly maintained to property scale. Vegetation must not be allowed to become overgrown in relation to the area of the bed. Trees in side yards must be trimmed to ensure they do not become overgrown, tower over or obscure the Dwelling.

2B.4 Windblown vegetation, in the Owner’s rear or side yards, creating noise or debris impacting neighbors, is prohibited.

2B.5 The cost of repair for any structural damage caused by vegetation planted by an Owner in their side and rear yards will be the sole responsibility of the Owner.

2B.6 All Owners Dwellings’ side and rear yards are subject to review for landscape and architectural compliance.

3. EXTERIOR APPEARANCE OF PRIVATE DWELLINGS

3.1 Additional exterior lighting: The following residential lights are permitted after approval of an Architectural Modification Request: patio lights, low wattage flowerbed lights and not more than two (2) spotlights in the front of the Dwelling so long as they do not illuminate the street or a neighbor’s house. Maintenance and repair are the responsibility of the Owner.

3.2 Dish antennas: Installation of a dish antenna is permitted on a Dwelling on or adjacent to the chimney or in another location that will not be an eyesore to neighbors, provided the antenna conforms with the written Regulations established by the Association and as permitted by law. An Architectural Modification Request must be submitted to the Architectural Committee and written approval received prior to installation.

3.3 Windsocks and decorative flags: Windsocks and decorative flags are permitted. However, unless otherwise permitted by law, not more than one flag or windsock may be flown at any one time.

3.4 Holiday displays: Holiday displays are permitted from the Wednesday before Thanksgiving to January 15. All decorations must be removed promptly and not permanently attached to the house, fence or left in yards. Decorations must be in good condition.


6

3.5 Ornamental decorations: Ornamental decorations that impact the Association’s landscape contractor’s ability to perform their responsibilities are prohibited.

3.6 Hummingbird feeders and bird houses: Hummingbird feeders and bird houses may be displayed in the back or side yards only. Bird feeders containing grain or seed are discouraged, as they attract rats and other rodents.

3.7 Decorative wall art: Decorative wall art that is visible to the Community requires prior written approval from the Architectural Committee. Approved decorative wall art must be maintained in good condition.

3.8 Property address sign/numbers: Changes in style or additional property address sign/numbers requires prior written approval from the Architectural Committee.

3.9 Sheer shades, drapes, Roman shades, honeycomb shades, shutters, and faux wood blinds are traditional, acceptable window coverings. All other window coverings are prohibited.

3.10 Signs 3.10.1 All signs must be of reasonable dimension and design and in conformity with all

federal, state and local sign ordinances. 3.10.2 For Sale or Lease Signs: Unless otherwise permitted by law, only one (1) For Sale

or For Lease sign may be displayed on a Lot, in accordance with Sections 712 and 713 of the California Civil Code. Except as allowed by applicable law or otherwise authorized by the Board, the sign shall be reasonably located (not more than 3’ from the garage door or wall), not adversely affect public safety or traffic safety, and the authorized signs are limited by the following criteria: (a) The size of the entire sign shall not exceed the reasonable dimensions of 18” x 24”; (b) The sign may indicate the property is for sale or lease; (c) The sign may specify the owner’s or agent’s name; and, (d) The sign may specify the owner’s or agent’s address and telephone number. Unless otherwise authorized by law, “For Rent” or “For Lease” signs may be displayed only when the Dwelling is empty or when the rental or lease expires in (30) thirty days or less.

3.10.3 Security Signs: Unless otherwise authorized by law, two (2) security signs not to exceed 8” x 10” may be displayed one (1) in the flower beds nearest to the front door and one in the rear yard. They must be from the security company that monitors the system.

3.10.4 Open House Signs: Unless otherwise authorized by law, the following rules apply: One (1) sign may be posted at the entrance to the Community on Eisenhower Drive, not to exceed 10” X 30”. Continuation signs may be posted on Vista Laguna and at the intersection of the street for the open house. “Open House” signs must meet the standards set forth by the Department of Real Estate. One (1) “Open House” sign may be placed in front of the Dwelling that is having the Open House. That sign may designate the realtor’s name. La Quinta City ordinance requires someone to be on the premises when signs are in place. All “Open House” signs shall be removed each evening.

3.10.5 Other Signs: Authorized signs as defined by California statutes are permitted. Other commercial signs are prohibited.

3.11 A noncommercial sign, poster, flag, or banner may be posted or displayed from the yard, window, door, front gate, or outside wall of the Owner’s Dwelling. The noncommercial sign may be made out of paper, cardboard, cloth, plastic, or fabric, but


7

may not be made of lights, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component, or include the painting of architectural surfaces. The sign must not be posted longer than 14 days unless otherwise authorized by law or the Board of Directors. The sign must be rectangular and no larger than 18”x24” in its entirety.

3.12 Trash 3.12.1 Trash is to be placed at the curb in closed containers. 3.12.2 Trash pickup is on Monday. Trash is not to be put out more than 24 hours in

advance; containers are to be removed within 12 hours of pick-up. 3.12.3 The dumpster at the clubhouse is not to be used for personal trash. 3.12.4 No person shall dispose of or dump any waste, trash, yard clippings or any other

materials in or on any Common Area, other Lots, vacant property, streets or properties adjacent to the Community.

3.12.5 Trash containers are to be kept wholly out of sight in garages or in the rear or side yards.

3.12.6 Large item pickup must be arranged with the waste management company at the cost of the Owner.

4. HOME CARETAKERS/MANAGERS

4.1 Owners who employ home caretakers/managers in their absence must inform the Management office of the authorized individuals who can address concerns in the Owner’s absence.

5. LEASE AND RENTAL OF AN OWNER’S DWELLING

5.1 In accordance with the CC&Rs, Article 5, Section 5.6.1, all leases and rental agreements must be in writing, and must contain an addendum in substantially the same form as Exhibit E to the CC&Rs. A copy of the signed agreement must be on file with the Management office. The agreement must include the Tenant’s name, phone number and the date the lease expires.

5.2 In accordance with the CC&Rs, Article 5, Section 5.6.3, leases or rentals less than thirty (30) days are strictly prohibited. Advertising for leases or rentals less than thirty (30) days is strictly prohibited.

5.3 Owners who fail to properly notify Management of the lease or rental of their Dwelling will be considered in violation of the Association’s governing documents.

5.4 Tenants are granted access to the recreational facilities through the Owner of the leased Dwelling. Any damage caused to the Common Area by an Owner’s Tenants and/or guests is the Owner’s responsibility.

5.5 Owners who lease their Dwelling are responsible for informing their Tenants of all of the obligations and restrictions in the Association’s governing documents, including its Rules and Regulations, and are responsible for assuring that their Tenants comply therewith. Owners are liable for their Tenants’ non-compliance.

6. PETS 6.1 Each residence is limited to two (2) domesticated pets. Farm animals are not permitted. 6.2 Domesticated animals may run free in Owner’s rear and side yards as long as no

nuisance is caused for the neighbors. All domesticated animals must be controlled on a


8

leash when in the Common Area. Domesticated animals are not permitted in/on the Community recreational facilities (e.g., pool areas, clubhouse, tennis and pickleball courts, and fitness rooms).

6.3 All dogs must wear a current license tag at all times. 6.4 Any dog brought into the Community, which has not been vaccinated within the

previous twelve (12) months, must be vaccinated within seven (7) days, unless otherwise contraindicated by a licensed veterinarian. It is strongly recommended cats be inoculated.

6.5 Pet owners must carry a bag for waste and dispose of it immediately and properly when walking their animals in the Common Area.

6.6 Pet owners shall be held accountable for the behavior of their pets. Any animal that creates a nuisance, in the discretion of the Board, may be subject to removal from the Community.

NOTE: Please call the City of La Quinta Animal Control at 760.777.7050 for assistance. VEHICLES

7. VEHICLE COMPLIANCE 7.1 Maximum speed limit within the Community is 25 MPH. Passing on Vista Laguna is

prohibited. Drivers must comply with all traffic laws (e.g., full stop at stop signs). 7.2 No person is allowed to operate a vehicle on the property, including a golf cart, without

a valid driver’s license. 7.3 Unless permitted by law, unregistered vehicles and vehicles with expired registration

tags are not permitted in the Community. 7.4 All vehicles are required to stop before entering the Community to allow the gate

attendant time to identify decals and to check dates on passes. All passes are to be displayed face up on the driver’s side of the dashboard at all times while in the Community.

7.5 Vehicles are prohibited from driving or parking in any area not designated for vehicle use. No vehicle shall be driven or parked on the grass or off road with the exception of maintenance and security vehicles and vehicles for the disabled approved by the Board.

8. PARKING

To promote safety and security, to allow unrestricted access for emergency vehicles and to maintain the esthetic appearance of the Community, the objectives are to keep all vehicles parked in garages and to keep the streets clear. However, this is not always practical, so further guidelines are as follows: 8.1 In accordance with the CC&Rs Sections 5.21 and 5.22, all vehicles must be parked in the

garage. 8.2 Garage doors must be kept closed except for ingress or egress or when continued access

is required while work is being performed. Garage doors may be left open for ventilation purposes to a maximum of six (6) inches.

8.3 If special parking circumstances exist, a request for an accommodation (i.e., a street decal) must be submitted to the Board for review and written approval. 8.3.1 The vehicle must be in good condition to be approved for a street decal.


9

8.3.2 An Owner or Tenant may not have more than one (1) approved vehicle parked on the street.

8.3.3 New Owners have only 30 days during which their vehicle may be parked on the street.

8.3.4 Owners and guests with street decals must park in front of their own Dwelling. 8.4 Vehicles parked in the Dwelling’s driveway must have a street decal. The driveway must

be long enough to accommodate the entire vehicle with no portion extending onto the apron or into the street.

8.5 Tenants must always park in the garage. Tenant street parking is not permitted. 8.6 Parking in the lot adjacent to the clubhouse shall be restricted to those using the

recreational facilities or the clubhouse, unless written approval is obtained from the Board or the situation is as described in 8.11 below. A copy of the approval shall be given to the Owner, the gate attendant and saved in the Owner file within the onsite office.

8.7 Parking on Vista Laguna is prohibited between the hours of 12:00 a.m. and 7:00 a.m., seven days a week, with the exception of the visitor designated parking area.

8.8 Vehicles parked on the street must be facing the proper direction. 8.9 Vehicles are prohibited from being parked within twenty (20) feet of a fire hydrant,

mailbox, or in a red or No Parking zone, and are subject to towing at the owner’s expense.

8.10 Authorized visitors and vendors are permitted to park on the street with an appropriate pass, and must park in front of the Owner’s Dwelling.

8.11 Overnight guests must park in front of the host’s Dwelling. If more than one vehicle will be parked overnight, the extra vehicle(s) must be parked in the Guest Parking Lot on Vista Laguna or, with prior approval, in the lot adjacent to the clubhouse. A Guest Pass must be obtained pursuant to these Rules and Regulations.

8.12 The storage of vehicles on the streets, in the Guest Parking Lot on Vista Laguna or in the parking lot adjacent to the clubhouse is prohibited. Storage of a vehicle or personal items in the garage which prevent compliance with the CC&Rs Sections 5.21 and 5.22 is prohibited.

8.13 Motor homes, recreational vehicles, trailers, boats, commercial trucks or similar vehicles are prohibited from parking on the streets, in the Guest Parking Lot or in the parking lot adjacent to clubhouse. Owners may park a motor home in front of their Dwelling while loading/unloading the vehicle for a period not to exceed twenty-four (24) hours.

8.14 Guests of Owners may store their motor home or other recreational vehicle in the maintenance area located in the back lot on Eisenhower Drive for a period not to exceed one (1) week, provided there is space and prior written approval has been obtained from the Management Office.

8.15 Residing in a vehicle is prohibited while in the Community. 8.16 Vehicles creating a safety hazard and vehicles in violation of the Association’s Governing

Documents are subject to towing at the owner’s expense. 8.17 Impediments causing safety hazards in the street are prohibited and shall be removed at

the owner’s expense.


10

9. DECALS

9.1 Vehicles housed on Association property must display a decal. Decals are available for Owners in good standing and Tenants with a valid lease on file with Management.

9.2 Owners and Tenants must show proof of registration, and a driver’s license for the operator of each vehicle, to obtain a decal for vehicles.

9.3 All vehicles must be brought to the Management office to obtain a decal. Decals must be affixed to the lower left windshield of the vehicle by Management.

9.4 All Owner vehicles approved by the Board to park on the street shall display a street parking decal. If the street approved vehicle is oversized, it must be parked in an assigned parking area. Street decals must be renewed annually.

9.5 Decals are the property of the Association and shall be surrendered to the onsite Management office when changing vehicles, upon sale of the Owner’s Dwelling or upon the end of the lease agreement.

10. GUEST PASSES

10.1 Guest Passes are required for all guests. 10.2 A standard Guest Pass shall be issued for the day requested only. 10.3 Owners and Tenants may request a Guest Pass for up to thirty (30) days. 10.4 Owners are required to notify the gatehouse of any guests not on their permanent list. 10.5 Guests Passes for individuals on the Owner’s permanent list may be issued for up to

thirty (30) consecutive days. Owners are encouraged to establish and review their permanent list annually.

10.6 Guest Passes shall be displayed on the driver’s side of the windshield at all times while in the Community.

10.7 The sponsoring Owner will be held responsible for any Guest Pass violations. 11. CLUBHOUSE PASSES

11.1 Clubhouse Passes will be issued to guests going to the clubhouse. A guest list must be provided to the gatehouse for any event that includes non-residents. Each person named on the list must be sponsored by an Owner.

11.2 The sponsoring Owner will be held responsible for any clubhouse Pass violations.

12. VENDOR PASSES 12.1 A Vendor Pass is required for all Owner and Tenant service personnel entering the

Community. 12.2 Owners and Tenants are required to call the gatehouse to authorize the vendor entry

into the Community. 12.3 Owners may list vendors on their permanent list. 12.4 All Vendor Passes are to be displayed on the driver’s side of the window at all times

while in the Community. 12.5 Vendor Passes will be issued daily and are not valid for overnight parking. 12.6 Vendor Passes will be issued to realtors and open house guests. The Vendor Pass will

show the open house address.


11

12.7 Vendor Passes for licensed home health care providers are valid for overnight parking. 12.8 The sponsoring Owner will be held responsible for any Vendor Pass violations.

COMMON AREA

13. COMMON AREA ARCHITECTURE 13.1 Architectural changes, alterations or additions of any kind shall not be made in or to the

Common Area without prior written approval of the Board.

14. COMMON AREA LANDSCAPING 14.1 Only major modifications to Common Area landscaping by the Landscape Committee

require written Board approval (e.g., change to desertscape, elimination of trees, placement of additional flowerbeds, or addition of high maintenance plants).

14.2 Owners or Tenants are prohibited from placing vegetation or other objects in common area landscaping without prior written approval from the Landscape Committee.

COMMON AREA RECREATIONAL FACILITIES

The recreational facilities are for the use and enjoyment of the Owners, their Tenants and guests. Owners are responsible for any damage caused by the Owner, Tenant or guest to any of the Association’s recreational facilities. Tenants are granted use of the recreational facilities through Lease Addendum Exhibit “E” in the CC&Rs. The appropriate keys are only available from the Owner. As stated in Section 5.2.2 of the CC&Rs, Owners who have leased or rented their lot shall not be entitled to the use and enjoyment of the Common Area, including the Owner’s family, guests and employees during the period of the lease or rental. Owners’ rights to use the recreational facilities shall be suspended, after notice and hearing, if the Owner violates any provision of the Association’s governing documents as defined in Section 3.5.10 of the CC&Rs, and Section 3.14 of the Association Bylaws. 15. BOATS

15.1 The operator of the boats shall be an Owner with a valid photo identification. An Owner may grant a Tenant access to the boats by executing the Lease Addendum Exhibit “E” in the CC&Rs.

15.2 Owners and Tenants interested in using the pontoon boat are required to pay a $100.00 refundable deposit at the Management Office prior to use. The $100.00 deposit covers use by all members of the household, but each individual accessing the pontoon boat must sign a waiver, “Liability Boat Usage Agreement.” Guests are not permitted to use the boat without the Owner or Tenant on board. Management Office will supply the gate attendants with a list of Owners and Tenants who have submitted the required deposit; these Owners and Tenants may check out the key to the boat with valid photo identification at the gatehouse.


12

15.3 Keys to the pedal boats may be obtained by Owners or Tenants at the gatehouse with a valid photo identification. Waivers must be signed by all those accessing the pedal boats. The Owner or Tenant must be present in the vicinity of the LDLP marina when the pedal boats are in use.

15.4 Every child under the age of thirteen (13) and every non-swimmer regardless of age must wear a properly-fitted Coast Guard Approved Flotation Device while in or on the electric and pedal boats. In addition, the boat must be equipped with enough Approved Flotation Devices for each person on board. Coast Guard Approved Floatation Devices are provided in the storage container on the dock.

15.5 Hours of operation for the boats are 8:00 a.m. until 30 minutes prior to sundown. 15.6 Fishing from the boats is prohibited. Animals are not permitted in any of the boats. 15.7 Boats shall not be used while under the influence of alcohol or drugs. 15.8 The operator shall leave the boats clean and at the proper docking area. All boats shall

be locked and electric boat(s) plugged in to charge. 15.9 There shall be no loading or unloading except at the designated docking area. 15.10 The operator shall limit their usage to one and one half (1 ½) hours per excursion and

return the key to the gatehouse promptly. 15.11 Boats must remain at least ten (10) feet from the waterfall, water spouts, swimming

pool, gazebos, or shore line. 15.12 Passenger capacity shall be limited to six (6) individuals with a maximum weight capacity

of 1,000 pounds on the electric pontoon boat. 15.13 Passenger capacity shall be limited to four (4) individuals with a maximum weight

capacity of 955 pounds on the pedal boats. 16. FITNESS CENTER

16.1 The Fitness Center shall be locked at all times. 16.2 The key is available to Owners at the gatehouse. Owners must deposit their valid

driver’s license to obtain the key. Owners may obtain up to two (2) keys to the fitness center by posting a $50.00 per key, refundable deposit with the Management Office. Tenants are granted use of the fitness center through Lease Addendum Exhibit “E” in the CC&Rs. The appropriate key is only available from the Owner.

16.3 Persons under the age of 16 must be accompanied by an adult. 16.4 Owners, their Tenants and guests must comply with posted fitness center rules.

17. CLUBHOUSE

17.1 The clubhouse shall be open every day, seven (7) days per week, from 8:00 a.m. until 8:00 p.m.

17.2 Use of the clubhouse for Owners or Tenants with a lease agreement on file without a reservation is limited to a period not to exceed three (3) hours. Reservations and scheduled Community activities take precedence over walk-ins.

17.3 Owners may reserve the clubhouse for private functions by contacting the clubhouse chairperson. A signed contract with proof of insurance, refundable deposit and rental fee is required for the exclusive use of the clubhouse. Costs for damage related to the function will be deducted from the deposit.


13

17.4 The clubhouse may not be used for any type of commercial use without the prior written approval of the Board.

17.5 Owners, their Tenants and guests must comply with posted clubhouse rules. 17.6 Owners, Tenants or guests are responsible for any damage incurred while they are using

the clubhouse. 18. LAKE

18.1 The lake is chemically treated and landscape run-off contains pesticide and fertilizer residue. Owners, Tenants, and guests must be aware that the lake water is not potable.

18.2 Snorkeling, wading, swimming or diving in the lake is not permitted. 18.3 Pets, wind surfing boards, surfboards, inner tubes, inflatable rafts, personal passenger

boats or similar items are not permitted on the lake. 18.4 Fishing from boats is prohibited. Fishing from shore or the gazebos is permitted. All

fishing is catch and release. 18.5 Individuals fishing are responsible to leave the area clean and free from discarded fish

lines, hooks or other debris as such items might be injurious to humans, fish, ducks, birds, dogs or other animals.

18.6 Feeding of waterfowl is strictly prohibited. 18.7 Unless otherwise permitted by law, skateboards, roller skates, roller blades, bicycles,

and other wheeled items, as well as golf carts or other motorized vehicles are not permitted on sidewalks around the lake. Maintenance and Security vehicles, baby strollers, wheel chairs and mobility scooters used by disabled persons are exempt from this rule.

19. POOLS/SPAS

19.1 Pools are maintained for the use of Owners, their Tenants and guests. Any person using the pools shall be required to prove they have rightful access to the pools, if asked. Unauthorized persons will be required to leave.

19.2 Persons under the age of 14 must be accompanied by an adult. 19.3 Bottles, glassware or breakable containers and items are not permitted in the pool area. 19.4 Trash, papers, cigarettes, matches and other waste must be disposed of properly. 19.5 Loud music and any unreasonable noises are not permitted. 19.6 Pool gates shall remain closed. Climbing pool fences is prohibited. 19.7 Persons who require diapers or are incontinent are required to wear appropriate swim

attire in the pool. 19.8 Pets are not permitted inside the fencing around the pool. 19.9 Running, diving, pushing, horseplay or roughhousing is not permitted in the pool or spa

area. 19.10 Pool safety equipment shall be used for emergency purposes only. 19.11 Any misuse, abuse or removal of furniture should be reported immediately to

Management. Owners are responsible for the cost of repair, or replacement of damage caused by the Owner, their Tenants and guests.

19.12 Pool and spa thermostats are set at the direction of the Board. Changing them or tampering with them is a violation of the Rules and Regulations.


14

19.13 Injurious objects such as surfboards and hard balls are not permitted in or around the pools.

19.14 Volleyball and other water sports are permitted at the main clubhouse pool only. 19.15 Nets, goals and other water sports equipment shall be removed from the pool when not

in use. 19.16 All personal items, including, but not limited to, pool toys and equipment, shall not be

left or stored at the Association’s pools. Items left will be discarded. 19.17 Owners, their Tenants and guests must comply with posted pool and spa rules.

20. TENNIS COURTS AND PICKLEBALL COURTS

20.1 The tennis courts shall be locked at all times. 20.2 Owners may obtain up to two (2) keys to the tennis courts by posting a $50.00 per key

refundable deposit with the Management Office. Tenants are granted use of the recreational facilities through Lease Addendum Exhibit “E” in the CC&Rs. The appropriate key is only available from the Owner.

20.3 Food and beverages in metal or plastic containers with secure lids are permitted on the tennis and pickleball courts. Alcoholic beverages are not permitted on the courts.

20.4 Smoking is not permitted on the courts. 20.5 Animals are not permitted on the courts. 20.6 Roller skates, roller blades, skateboards, bicycles and other similar wheeled devices are

prohibited on the courts unless otherwise permitted by law, permitted herein or authorized by the Board.

20.7 Proper conduct is expected at all times. Frequent displays of unreasonable temper or unreasonably loud or vulgar speech may subject the player to removal from the court and/or other discipline.

20.8 Tennis and pickleball players are required to wear appropriate tennis/pickleball attire, and wear tennis shoes with non-marking soles.

20.9 If persons are waiting to play: a. A single tennis player practicing, including using the ball machine shall yield the court

after a maximum of 30 minutes to the individuals waiting to play. The clock begins when the players waiting request the court.

b. A tennis or pickleball player may not hold a court for later-play by placing his or her equipment or apparel within the court. Players must begin play within 10 minutes, otherwise, the court must be yielded to players who are present and ready to start play.

c. When people are waiting to play, singles play is limited to two (2) sets and doubles play is limited to three (3) sets.

d. Play is limited to two (2) hours. 20.10 With the exception of practice, the Official Rules of Tennis, United States Tennis

Association (USTA), are the basis for play. 20.11 All courts are to be utilized on a first come, first served basis. Courts are available to

Owners, their Tenants and guests daily, for singles and doubles play. 20.12 Guests from outside the Community must have an Owner or Tenant present and playing

on the court(s) with said guests. 20.13 Owners, their Tenants and guests must comply with posted tennis and pickleball rules.


15

21. HIKING TRAIL

21.1 The key to access the neighboring hiking trail may be obtained at the gatehouse. Owners are required to deposit a valid driver’s license to be granted access to the hiking trail.

VENDORS

We adhere to the city of La Quinta city code 6.08.050 regarding vendors and they hours that they may work. The following are the hours that vendors may work in the LDLP Community:

October 1 through April 30 Monday - Friday: 7:00 a.m. to 5:30 p.m. Saturday: 8:00 a.m. to 12:00 p.m. Sunday: none Holidays*: none

May 1 through September 30 Monday - Friday: 6:00 a.m to 7:00 p.m. Saturday: 6:30 a.m. to 12:00 p.m.

*Power tools may not be used until 8:00 a.m.

Sunday: none Holidays*: none

*For purposes of this section, the following shall be considered Holidays:

New Year’s Day (January 1) Dr. Martin Luther King Jr. Day (third Monday in January) President’s Day (third Monday in February formerly Washington’s birthday) Memorial Day (last Monday in May) Independence Day (July 4) Labor Day (first Monday in September) Veteran’s Day (November 11) Thanksgiving (fourth Thursday in November) Christmas Day (December 25)

Additional guidelines regarding vendor access to the LDLP Community:

• Vendors will not be let into the Community before or after the hours the city defines, except for an emergency.

• All vendors must be out of the Community by 5:30 p.m., except in an emergency situation. • Vendors already in the Community doing interior work may finish their work after posted

hours. However, they may not change houses to do work after hours. In this situation, vendors must be out of the Community by 8:00 p.m.

VIOLATIONS

Any resident of Laguna de la Paz may report violations of the Rules and Regulations. Violation report forms are available at the gatehouse, are available at the onsite Management office, the


16

Management website and the LDLP HOA website. We urge all residents to feel free to use these reports. At the Board’s discretion, all violations will be documented and a warning letter sent or given to the Owner of the Dwelling. If the violation is not corrected or is repeated, the Owner of the Dwelling will be called to a hearing of the Board to address the alleged violation. The Board may levy a fine, revoke Common Area privileges or utilize additional means available to them. The fine may be increased for each subsequent violation. Owners are encouraged to report serious violations, such as pet disturbances, harassment, threats or break-ins to the Riverside County Sheriff’s Department by calling 1.800.950.2444 (24 hours) or 760.863.8990 (8:00 a.m. to 5:00 p.m., Monday through Friday), or 911. An Incident Report should be filled out at the gatehouse. Owners are encouraged to report unreasonable vehicle noise and moving violations to Management or the gatehouse. Collection of delinquent monthly assessments will be handled through the Association’s Management and/or legal representation and as set forth in the CC&Rs. A lien may be placed on the delinquent Owner’s property, and may include interest, late fees, attorneys’ fees and court costs. OWNER’S LIABILITY

Owners are liable for damage to the Common Area property, including equipment and furnishings, caused by the Owner or his/her invitees, guests and/or Tenants. The Board is empowered to impose a Monetary Penalty Assessment, suspension of voting rights, and common area privileges for their actions or actions of their Tenants or guests that are in violation of these Rules & Regulations. Reporting a violation should be in writing and brought to the attention of the Board through the Management Company. Anonymous complaints will not be accepted. While every effort will be made to maintain confidentiality of the reporting Owner, the Board or Management may need to contact the reporting party to verify the incident and may also request the reporting party appear at a hearing. The Board, in its discretion, will respond to Owner complaints as it deems appropriate. Extra copies of these Rules and Regulations, Rules Enforcement Procedure, Exhibit E Lease Addendum, and Clubhouse Rental Agreement are available at the Management office, the Management website and the LDLP HOA website.

LDLP Rules Enforcement Procedure May 2020 Page 1

Laguna de la Paz Homeowners Association

Rules Enforcement Procedure for Rule Violations

STEP 1. INITIATION

A Violation Report Form is completed by an Owner, a Board member, Management or other designated representative of the Association. The Violation Report will be verified as described below.

If a Citation is issued by security personnel, verification shall be deemed accomplished by the issuing officer and Step 2 may be skipped.

STEP 2. VERIFICATION

Verification of a Violation Report is accomplished by review of the Association’s CC&Rs, Bylaws, or Rules and Regulations (hereafter Governing Documents) and/or inspection. Violation shall be defined as an act in direct conflict with the Association’s Governing Documents.

STEP 3. DOCUMENTATION

a. A Warning Notice is completed and forwarded to the violating Owner. At the discretion of the Board, this step may be skipped if, based on the seriousness of the violation, more immediate action is warranted.

b. If the violation persists after two warnings have been issued or if the seriousness of the violation warrants immediate action, either (1) a Violation Notice is sent to the violator, stating a deadline by which to cure the violation; or (2) an Expedited Hearing Notice, stating a date on which a violation hearing will be conducted.

c. If a Violation Notice is sent and the Owner fails to take the necessary action by the deadline given, a Hearing Notice will be sent to the violating Owner, setting forth the date, place and time where the Owner can be heard before the Board of Directors on the violation. Failure to appear could result in immediate discipline including, but not limited to, imposition of a Monetary Penalty Assessment, and/or suspension of voting and common area privileges, including use of the recreational facilities. Association must give at least ten (10) days, but no more than thirty (30) days’ written notice of the hearing to the Owner before any action is taken, pursuant to Corporations Code § 7341 and the Association’s governing documents.

STEP 4. OWNER HEARING PROCEDURE

a. Findings of Fact and Recommended Action: The Board must make specific findings as it relates to the violation of the governing documents, noting them on the Owner Hearing Procedure form and Ruling Notice form with the facts which support its decision. The decision of the Association and action recommended/taken should also be noted on the Owner Hearing Procedure form


and Ruling Notice form. NOTE: If no violation is found, then no remedy is required, and the Association would then issue a Ruling Notice pursuant to Step IV. See below.

b. Remedies. If it is determined a violation has taken place, the Association has the following remedies:

i. Suspend voting and/or Common Area privileges, including use of the recreational facilities – A maximum of thirty (30) days for an Owner’s first infraction. For each subsequent violation the total time period can be thirty (30) days plus one (1) month.

ii. Impose a Monetary Penalty Assessment – Even if the violation is not of a continuing nature and does not lend itself to a self-help remedy, the Board still has the authority to impose an assessment for failure to comply with the provisions of the Governing Documents. The Board may only impose a Monetary Penalty assessment after providing notice and hearing to a violating Owner, pursuant to the minimum requirements set forth herein. The following Monetary Penalty assessment structure is based upon a reasonable determination of the costs (i.e. attorneys’ fees, management fees, etc.) expended by the Association in performing its functions in enforcing the governing documents as well as the imposition of appropriate sanctions for violation of said governing documents:

First Violation: Written Warning Notice up to $200.00

Second Violation: $300.00

Third Violation: $500.00 plus possible legal action

Fourth Violation: $1,000.00 plus possible legal action

iii. Self-Help Remedy for Continuing Violations – If the violation of the Governing Documents continues and can be cured through a self-help remedy, the Board’s action shall be to demand correction of the continuing violation and a date certain upon which an Owner must comply (a reasonable period of time shall be given to the Owner) via the Notice of Ruling. The Notice should further indicate that if the Owner fails to comply within the time provided by the Association, the Association would bring the Owner into compliance and charge the cost of same to the Owner as an Individual assessment.

For example, if the Owner’s yard is becoming an eyesore for lack of maintenance, the Association can provide written notice to the violating Owner that he/she must provide the appropriate maintenance and that he/she is in violation of the governing documents. The notice would further provide that the owner has a specific (and reasonable) period of time to correct the deficiency. If the owner fails to correct said deficiency within the specific time given by the Association, the Association could then proceed


with the maintenance and charge the cost to the Owner as an Individual Assessment.

iv. Other Potential Remedies – If the violation is of such a serious nature that potential legal action is contemplated, the Association’s general counsel should be consulted for determination whether Alternative Dispute Resolution (ADR) should be offered to the violating Owner (as well as consideration of other potential remedies).

c. Ruling Notice. Regardless what remedy the Board chooses to take, even if no violation is found, the Association must mail to the violating Owner a Ruling Notice within seven (7) days after the date of hearing. If Board action is to assess an Individual Assessment, then the Board must give notice of the Ruling to the Owner and request payment of any assessment assessed against the Owner within thirty (30) days after the Ruling Notice is mailed. This is to be recorded in the Executive Session minutes or regular minutes, whichever is applicable.

d. Collection of Monetary Penalty/Individual Assessments. Pursuant to the Association’s collection policy, if an assessment was levied for failure to comply with the governing documents or for costs incurred by the Association in repair of damage to the Common Areas (individual assessment) and is not paid within thirty (30) days after mailing the Ruling Notice, then the Board may suspend the Owner’s voting and/or Common Area privileges, including use of recreational facilities.