Rules and Regulations

THE GLEN OF PACIFIC GROVE HOMEOWNERS ASSOCIATION

RULES AND REGULATIONS

This document summarizes the rules and regulations which apply to The Glen of Pacific Grove (“The Glen”). They are intended to maintain and protect our investment in our individual units and common areas and to help people live in harmony with their neighbors. The rules and regulations supplement the CC&Rs and the bylaws of the Association. Section A contains provisions taken from the CC&Rs, mostly from Article X. The Board has no power to change or modify them. The remaining sections contain rules enacted by the Board. Most of these rules have been in existence for years. A few are new. Not all circumstances can be anticipated or addressed but adhering to the “Golden Rule” will compensate for most omissions.

The Glen of Pacific Grove is a “planned development” within the meaning of the Davis-Sterling Common Interest Development Act. The Glen of Pacific Grove Homeowners’ Association, Inc., (“Association”) is the nonprofit corporation created by the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) recorded July 15, 1982 for the purpose of managing The Glen of Pacific Grove. The Association is run by a Board of Directors (“Board”) elected by the property owners.

A. CC&R PROVISIONS:

1.         “Each lot shall be used for private residential purposes only.”
2.         “No business of any kind whatsoever shall be established, maintained, operated, permitted or conducted on the Properties, or any portion thereof, excepting such professional and administrative professions as may be permitted by ordinance, provided there is no external evidence thereof.”
3.         “No noxious or offensive activity shall be carried on in, or upon, any lot or the common area, nor shall anything be done therein which may be or become an annoyance or nuisance to other owners.”
4.         “No owner of a lot shall park, store or keep any truck, boat, trailer or aircraft or any other vehicle other than a private passenger vehicle or pickup truck not to exceed 1/2 ton within the parking spaces, except such temporary parking as may be permitted by Association Rules”
5.         “No owner of a lot shall repair or restore any motor vehicle, boat, trailer, aircraft, or other vehicle upon any portion of any lot or upon the common area except for emergency repairs thereto and then only to the extent necessary to enable movement thereof to a proper repair facility.”
6.         “All garages and open parking spaces shall be kept free and clear and available for the parking of vehicles.”
7.         “Nothing shall be done or kept on the lot or common area which will increase the rate of insurance relating thereto without the prior written consent of the Association.
8.         “No owner shall permit anything to be done or kept on his lot or the common area which would result in the cancellation of insurance on any residence or any part of the common area or which would be in violation of any law.”
9.         “Except for household pets, no animals, livestock or poultry of any kind shall be raised, bred or kept on any lot or the common area. Household pets may not be kept, bred or maintained for commercial purposes.”
10.       “No rubbish, trash, garbage or other waste material shall be kept or permitted upon any lot or common area except in sanitary containers.”
11.       “No fence, hedge, wall or other dividing instrumentality over six feet in height measured from the ground on which it stands shall be constructed or maintained on any lot.”
12.       “No masts, tower or pole or outside television antenna, aerial or radio pole shall be erected, constructed or maintained on any lot located in such manner as to be visible from the outside of such lot.”
13.        “No drapes may be displayed in any exterior windows except white or off-white drapes or sheer drapes with a solid white or off-white backing.”
14.       “Nothing shall be altered or constructed in or removed from the common area except upon the written consent of the Association.”
15.       “Except for those portions which the Association is required to maintain and repair ... each owner shall, at his sole expense and cost, maintain and repair his unit, keeping the same in good condition and making all structural repairs as they may be required.”
16.       “No ... exterior addition to or change or alteration [shall] be made until the plans and specifications showing the nature, kind, shape, height, materials and locations of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee.”

B. GENERAL.

1.                  Homeowners are liable for damage or vandalism caused by their guests or family members. Do not look to the Association for reimbursement.
2.                  Homeowners and residents have a duty to make sure that no careless or selfish act by them, their family member, or guest, is responsible for creating any hazard, nuisance, annoyance, or inconvenience to our neighbors.
3.                  Radios, television sets, etc. should not be played so loudly as to annoy others.
4.                  The speed limit within The Glen is 15 miles per hour. Slow down and drive with caution!!!
5.                  Garage doors should be kept closed when you are not in or around your garage.
6.                  Garbage containers should be stored in garages when not out for collection, should not be placed on the street earlier than the night before garbage collection, and should be removed the day garbage is collected.
7.                  Video antenna, television antenna, and satellite dishes may not be installed without prior approval of the Architectural Control Committee. Minimum requirements for obtaining approval include (a) the antenna or dish is not visible from Glen Lake Drive, (b) the homeowner provides for the maintenance, repair, or replacement of roofs or other building components, and (c) the homeowner indemnifies or reimburses the Association for loss or damage caused by the installation, maintenance, or use of the antenna or dish.

C. RENTING.

1. All lease or rental agreements shall be in writing. No lease or rental agreement shall be for a period of less than one (1) month.
2. All lease or rental agreements concerning units within The Glen are subject to the CC&Rs, to the Bylaws, and to these Rules and Regulations. Names and telephone numbers of renters must be provided to the Board.

D. PARKING.

There are only 15 Guest Parking spaces for 60 units in the Glen. Therefore:

1.         “Guest Parking” is primarily for use of visitors. Homeowners and their tenants or lessees (residents) are not to use “Guest Parking” on a regular basis. Guest Parking may be used by residents only for very short term parking. Residents are to use their garages for overnight parking or park their vehicles outside the gate. See Section K FINES below for schedule of fines. On the third violation for parking in “Guest Parking”, the Association may have the vehicle towed without notice.
2.         Residents must request a parking permit from a board member for any visitor parking in “Guest Parking” more than seven (7) days or for resident use of Guest Parking for more than half a day.
3.         Glen Lake Drive is a designated fire lane. Do not park on Glen Lake Drive at any time. Vehicles so parked constitute a hazard to all homeowners and are subject to towing without notice.
4.         If a vehicle is parked in a driveway, the vehicle must be parked so that it does not extend beyond the driveway onto Glen Lake Drive.

E. PETS.

1.         Only household pets are allowed in The Glen.
2.         With respect to dogs and cats, no more than a total of three per household.
3.         Only dogs and cats are allowed on common areas.
4.         Dogs must be on leashes at all times while on common areas.
5.         Droppings must be immediately picked up when walking pets. City of Pacific Grove Ordinance number 10.04.140 is incorporated by reference. Any resident within The Glen caught not cleaning up their dog’s waste will be fined $50
6.         Pet food should not be left outside; it attracts raccoons and rats.
7.         It is prohibited to control or keep any dog which, by reason of its barking, yelping, or other noise created by it, disturbs the peace and quiet of the neighborhood. Any dog which demonstrates any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully or has a known propensity, because of temperament, conditioning or training, to attack, bite or injure human beings or domesticated animals is presumed vicious. A person owning or having charge of a vicious dog shall confine it within a building or secure enclosure except that it may be permitted off the premises only when securely muzzled, leashed, and under the control of a person who is physically capable of restraining the dog. Any pet which becomes a nuisance or danger may subject the owner or unit’s owner to a fine and/or notification of The City of Pacific Grove Police Department’s Animal Control.

F. COMMON AREAS.

1.         Arnett Park (located adjacent to The Glen) is available for games, sports, skateboarding.
2.         Bicycles, tricycles, scooters, skates, and toys are not to be left on Glen Lake Drive nor on any common area. Neither roller-bladding nor skateboarding are allowed on The Glen common areas.
3.         All trees in The Glen are owned and maintained by the Association. No one should climb them.
4.         The banks of the lake and stream are off limits. Children are not to play in or around the lake or stream and are not to throw stones or items around them.
5.             Patio areas and personal plantings should be kept neat and trimmed.
6.             Questions, comments, or recommendations regarding the gardening should be directed to the Gardening Committee (642-2441). The gardeners should not be contacted directly.

G. GATES-FENCES.

1.         Fences and gates are expensive to maintain. They should not be climbed.
2.         The automatic gate is never to be forced open or closed.
3.         The automatic gate code is not to be shared with non-residents.

H. EXTERIORS and ENTRYWAYS

1.             Unit numbers shall be similar to the ceramic tiles currently existing in The Glen and/or the black numbers affixed by the front doors. They should be attached at the same general height as existing numbers.
2.             Except for the unit numbers, nothing shall be affixed to the horizontal siding of units. Each unit is allowed one flag bracket which must be located on the 1 x 6 vertical wood trim.
3.             Homeowners may apply to the Architectural Control Committee for a variance.

I. TENNIS COURT.

The tennis court is for the use of residents and their guests only. Use of the tennis court is at your own risk! The Association disclaims any liability for injury or damage you or your family or guests sustain. By using the tennis court, you agree to indemnify and hold the Association harmless in the event you, your family, or guest sustains injury or damage. We urge you to maintain liability insurance!

1.         Anyone using the tennis court must sign up on the reservation board with your name, and date and time you wish to reserve the court. Court reservations will be limited to two hours at a time.
2.         Reservations may be made no more than 24 hours in advance. You must use one reservation time before another time may be reserved.
3.         All guests must be accompanied to the courts by the association member inviting them.
4.         Tennis shoes and proper tennis apparel must be worn on the court at all times. No black soled shoes are allowed.
5.         The tennis court is only for playing tennis. Any other use is prohibited.
6.         Food and drinks are not allowed on the court.
7.         Use of obscene language or causing a disturbance is prohibited.
8.         The court is not to be used for professional lessons or non Board-approved tournaments.
9.         Association members are responsible for making their guests comply with these rules. Any person found to be in violation of these rules may be prohibited from use of the court for a specified period of time. Further violations may result in fines and/or permanent exclusion from the court.

J. ARCHITECTURAL CONTROL

The Glen’s governing documents (CC&Rs) require association approval before an owner of a separate interest may make an exterior addition to or change or alteration to the owner's separate interest. All requests must be in writing and submitted to the Architectural Control Committee (“ACC”) either by handing the request to a member of that Committee, to a Board member, or by mailing it to the Board at One Glen Lake Drive.

Existing metal garage doors, which do not require painting, are approved as to color and design as they exist in December 2004. Existing wooden garage doors will be painted by the Association as necessary.

An ACC request must be submitted whenever an owner wishes to replace a garage door. The new door will conform in color and design to existing doors. It is intended that all new metal garage doors be almond colored.

In reviewing and approving or disapproving a proposed change, the ACC shall:

   (1) within 30 days, provide a fair and reasonable procedure for making its decision;
   (2) make a decision on a proposed change in good faith and not be unreasonable, arbitrary, or capricious;
   (3) make all decisions in writing and include an explanation of why the proposed change is approved or disapproved; and
   (4) serve a copy of its written decision on the owner and the Board.

If a proposed change is disapproved, the owner is entitled to reconsideration by the board of directors at an open meeting of the board. Nothing in this section authorizes a physical change to the common area in a manner that is inconsistent with The Glen’s governing documents or governing law.

K. FINES.

1. The schedule of fines is $0 for the first violation, $10 for the second violation of the same rule, and $50 for each subsequent violation of the same rule.
2. Procedure: The Board will impose all fines and discipline. In accordance with Civil Code Section 1363, when the Board is to meet to consider or impose discipline upon a member, the Board shall notify the member in writing, by either personal delivery or first-class mail, at least 10 days prior to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined, and a statement that the member has a right to attend and may address the Board at the meeting. The Board shall meet in executive session if requested by the member being disciplined. If the Board imposes discipline on a member, the Board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action.

Approved by the Board of Directors this 12th day of December, 2005

_________________________________
Stephanie Lee, Secretary

This page last modified on 06/04/2006.