AMENED AND UNIFIED

DECLARATION

Of

BUILDING RESTRICTIONS and ARCHITECTURAL CONTROL

For

THE DESIGNATED SENIOR COMMUNITY

of

SEVEN OAKS

(A Planned Development Including Some Condominium Projects)
 

This AMENDED AND UNIFIED DECLARATION OF BUILDING RESTRICTIONS AND ARCHITECTURAL CONTROL ("Unified Declaration") is effective on the day, month and year of the San Diego County Recorders Stamp on this document, by SEVEN OAKS COMMUNITY CENTER, INC., a California nonprofit mutual benefit corporation ("Association"), with reference to the following Introduction and Recitals.

                                        INTRODUCTION AND RECITALS
 

A.        Seven Oaks Community Center, Inc. is a corporation whose Members are the Owners of all the "Separate Interests" (as defined below and in California Civil Code Section 1351 (l)) within those certain parcels of real property in Rancho Bernardo, San Diego County, California, the legal description of which is set forth in the description of the Maps and Lots in Exhibit A attached hereto and made a part hereof, hereinafter referred to collectively as "Separate Units.”  The Separate Units commonly known as Seven Oaks Unit Nos. 1,  l(a), 1(b), 2, 2(a), 2(b), 2(c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 13(a), 14, 15, 15A, 16, 17,18,19, 20 and 20A.

B.         As indicated in Exhibit A and in Paragraph A above, parentheses following the Unit No. for Units 1,2 and 13 in the Unit listings indicate a Sub-Unit No. A Sub-Unit is part of the same Map No. and Unit No. as other parcels having the numerical prefix and is used for convenience in identifying different parcels of the same subdivision map that either have no declaration at all or have different declarations recorded against each respective parcel.

C.        Using this convention, Unit No. 1. is divided into three parts known as 1, l(a) and l(b); Unit No.2 is divided into four parts known as 2, 2(a), 2(b) and 2(c); and Umt No. 13 is divided into two parts known as 13- and 13(a).

D.        The Separate Units comprise the Seven Oaks Community, a "Planned Development"; that includes some "Condominium Projects," as those terms are defined in Section 1351 of the California Civil Code. The Separate Units include both residential Separate Interests, some Condominium Projects and other non-residential property, such as the Association's "Common Area" {as defined below). .

E.         The Separate Units are currently subject to twenty-five (25) separate recorded Declarations of Restrictions (and any amendments to each) that are identified by their respective Separate Unit numbers, recording dates and document numbers in Exhibit A attached hereto and made a part hereof.

F.         The Association now desires to consolidate the Separate Declarations into one unifying document and to bring them in their entirety under this one Amended and Unified Declaration (hereinafter "Unified Declaration"), so that there will be a single document affecting all the Owners and Members of the Association collectively.

G.        Except as noted in the following sentence, and in Sections 3 and 51, the recording of this Unified Declaration is the first step in amending, consolidating, unifying, restating and superseding all the Separate Declarations under one unifying document. However, it is intended that the Separate Declarations identified in Exhibit A (including any later amendments to any of them) will ultimately be restated, unified, amended and superseded only with respect to provisions that relate to the Association but not with respect to the provisions that relate to the creation and management of Condominium Projects that were formed under the Separate Declarations identified in Exhibit A attached hereto and made a part hereof. If any provisions of the Separate Declarations identified in Exhibit A, as amended from time to time hereafter, conflict with the terms of this Unified Declaration, the terms of this Unified Declaration shall control.

H.        The Owners of property subject to the Separate Declarations have voted and are continuing to vote, to amend their respective Declarations to adopt this Unified Declaration.

I.          The requisite percentage of Owners and Members of the property identified in Exhibit B have agreed to amend their respective Separate Declarations identified in Exhibit A and to consolidate, unify, restate, supersede and replace those Separate Declarations in accordance with the terms of this Unified Declaration as more fully described in the certificate of the designated officer of the Association set forth in Exhibit C attached hereto and made a part hereof.

J.          Based on the requisite approvals of the Owners and Members mentioned above, the legal description of all the real property initially made subject to this Unified Declaration is set forth in Exhibit B and made a part hereof, is identified by its respective Separate Unit, and is hereafter referred to as the "Unified Seven Oaks Area." The recording dates. and document numbers of the various Separate Declarations whose terms are being amended and consolidated under this Unified Declaration are set forth in Exhibit A attached hereto and made a part hereof.

K.               The Association anticipates that it will take a significant period of time to obtain the approvals necessary to consolidate all of the remaining Separate Declarations under this single Unified Declaration. Rather than waiting until all the required approvals are obtained with respect to amending all of the Separate Declarations in the respective Separate Units, the Association plans to consolidate the Separate Declarations under this Unified Declaration in phases. Thus, the Association plans to amend this Unified Declaration, from time to time, as the Owners and Members in other Separate Units amend the terms of their respective Separate Declarations to authorize their consolidation under this Unified Declaration. To show these approvals, Association will periodically record Declarations of Annexation that will amend Exhibit B attached hereto, to annex additional Separate Units, thereby making those Separate Units part of the Unified Seven Oaks Area and amending and consolidating their respective Separate Declarations under the terms of this Unified Declaration, and thereby expanding the size of the Unified Seven Oaks Area.

L.                All of the Unified Seven Oaks Area shall hereafter be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the declarations, limitations, covenants, conditions, restrictions, reservations, rights, equitable servitudes, liens, changes and easements set forth in this Unified Declaration, as it may be amended from time to time, all of which are declared and agreed to be in furtherance of a plan established for the purpose of enhancing and perfecting the value desirability and attractiveness of the Unified Seven Oaks Area.  All the terms and provisions of this Unified Declaration shall constitute covenants running with the land and enforceable equitable servitude's upon the Unified Seen Oaks Area, and shall be binding on and for the benefit of all of the Unified Seven Oaks Area and of all parties having or acquiring any right, title, or interest in all or any part of the Unified Seven Oaks Area, including the heirs, executors, administrators, and assigns of such parties and all subsequent owners and lessees of all or any part of any Lot in the Unified Seven Oaks Area.

M.              This Unified Declaration shall take effect immediately upon recording with respect to amending and consolidating the Separate Declarations identified in Exhibit A.

                   NOW THEREFORE, the Owners and members of the Association have adopted the following Amended and Unified Declaration of Restrictions:

1.                DEFINITIONS.

            a.         “Act” means the Davis-Stirling Common Interest Development Act, Civil Code Section 1350 et seq., as amended from time to time, or and successor statute. 

            b.         “Architectural Committee” or “Committee”  means the committee appointed by the Board to carry out the duties described in Section 5 of this Unified Declaration and any other duties pertaining to the management and approval of architectural modifications within the Unified Seven Oaks Area.

            c.         “Assessment” means a charge against a particular Owner and the Owner’s Separate Interest, representing a portion of the Common Expenses or other lawful charges which are to be paid by each Owner to the Association in the manner provided herein.

            d.         “Association” means Seven oaks Community Center, Inc., A California nonprofit mutual benefit corporation, of its successors in interest whose members are the Owners of the Separate Interests that comprise the Seven Oaks Community.

            e.         “Board” or  “Board of Directors” means the Board of Directors of the Association.

            f.          “City” means the City of San Diego.

            g.         “Common Area” means “Common Area” within the meaning of California Civil Code Section 1351(b) and also mans all real property (including the improvements thereon ) which is owned, leased or maintained by the Association for the common use and enjoyment of the Owners, specifically including the recreational facilities located on Lot 5 of Seven Oaks Unit No.1, according to may thereof No.5072 filed October 31, 1962 in the Office of the County recorder of San Diego County, California.

            h.         “Common Expenses” means the expenses that the Association is responsible for paying that are incurred I owning, maintaining, repairing and otherwise operating the Association.

            i.          “Governing Documents” means the Articles of Incorporation, this Unified Declaration, Bylaws, Rules or any other documents which govern the operation of the Unified Seven Oaks Area or the Association, as each may be amended from time to time, and “Governing Documents” within the meaning of California Civil Code Section 1351(j), as the same ma be amended from time to time.

            j.          "Introduction and Recitals" means the opening comments to this Unified

k.         "Lot" means any lot, as shown on any Recorded subdivision map of the Unified Seven Oaks Area, which is intended for the construction of a residential building.

1.         "Member" means an Owner, as defined below, who is entitled to Membership in the Association as provided in this Unified Declaration. Ownership of a Separate Interest shall be the sole qualification for Membership in the Association. The voting rights of Members are set forth in the Bylaws.

m.        "Mortgage" means any recorded mortgage or deed of trust or other conveyance of a Separate Interest to secure the performance of an obligation, which conveyance will be released or re-conveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" shall be synonymous with the term "Mortgage"

n.         "Owner" means the Record owner or owners, whether one (1) or more persons or entities, of fee simple title to any Separate Interest which is part of the Unified Seven Oaks Area, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.

            o.         "Phase" means those parcels of property that are later made subject to this Unified Declaration through the Recording of a Declaration of Annexation by amending the legal description contained in Exhibit B attached hereto.

p.         "Record" means to record or file a document in the Office of the County Recorder of San Diego County, California.

            q.         "Rules" means the rules and regulations adopted by the Board from time to time.

r.          "Separate Interest" means a residential Lot or condominium dwelling intended for residential use and occupancy by one or more persons and "Separate Interest" within the meaning of California Civil Code Section 1351(1), as the same may be amended from time to time. A Separate Interest excludes any and all Common Area lots.

s.          "Unified Declaration" means this Amended and Unified Declaration of Building Restrictions and Architectural Control, as it may be amended from time to time, and "Declaration" within the meaning of California Civil Code Section 1351(h), as the same may be amended from time to time.

            t.          "Unified Seven Oaks Area" or "Property" means that certain real property described in Exhibit B of this Declaration. Exhibit B may be amended from time to time hereafter by recording one or more subsequent Declarations of Annexation. The Unified Seven Oaks Area is a "Planned Development," as defined in California Civil Code Section 1351(k), as the same may be amended from time to time, that includes some Condominium Projects, as defined in California Civil Code Section 1351(f), as the same may be amended from time to time.

2.         INTRODUCTION AND RECITALS INCORPORATED. The terms of the Introduction and Recitals set forth above shall be an integral part of this Unified Declaration.

3.         EFFECT ON CONDOMINIUM PROJECTS. The Condominium Associations formed by the Declarations identified in Exhibit A shall retain their management groups and shall continue to maintain their individual identities and regulations. All other terms covered by this Unified Declaration shall be deemed to supersede and control over any provision of the Separate Declarations identified in Exhibit A; provided, however, that nothing in this Unified Declaration shall prevent a Condominium Association from having more restrictive provisions than those contained in this document.

4.         RESIDENTIAL PURPOSES ONLY. All the residential Separate Interests in the Unified Seven Oaks Area shall be used for single-family residential purposes only. No building or buildings shall be erected, constructed, altered, or maintained on any of the said Separate Interests other than detached single family dwellings, or condominium units, together with customary approved outbuildings, as permitted from time to time by City Zoning Ordinances, the Board and the Architectural Committee.

5.         ARCHITECTURAL COMMITTEE. The Association shall enforce this Unified Declaration through an Architectural Committee which shall be appointed by the Board.

The Board shall appoint an Architectural Committee consisting of a Chairman and as many members as deemed necessary. Said Architectural Committee shall be responsible for administering and enforcing the Unified Declaration. Each of said persons so appointed by the Board shall be subject to removal at the direction of the Board at any time. All vacancies on said Committee shall be filled by appointment by said Board.

All actions of the Architectural Committee, under this Unified Declaration or otherwise, must be approved by the Board before they are binding on the Association.  Two members of the Board shall be appointed as liaisons to the Architectural Committee and shall attend their monthly meetings. The Board liaison appointees shall have the discretion to approve Architectural Committee actions on behalf of the Board and/or recommend presenting the issue and action requested to the Board.

6.         MEMBERSHIP IN SEVEN OAKS COMMUNITY CENTER. Each Owner or Owners of a Separate Interest shall be a regular member of the Association. Such membership shall be appurtenant to such Separate Interest, and the transfer of title to such Separate Interest shall automatically transfer the regular membership appurtenant to such Separate Interest to the transferee or transferees. Each such Owner or Owners are obligated to promptly, fully, and faithfully comply with, and conform to, this Unified Declaration and other Governing Documents of the Association. Each Owner or Owners shall promptly pay in full all dues, fees, or Assessments levied by the Association on its Members. If a Member acquired the Separate Interest at a Trustee's Sale on foreclosure, or a lender acquired title by deed in lieu of foreclosure, there will be no liability for any dues, fees, or Assessments which became due and payable prior to such sale or acquisition of title.

7.         ASSESSMENTS AND LIENS. The Association, through the Board, shall be entitled to levy Assessments, and to enforce collection of Assessments, including the filing and enforcement of Assessment liens, in the manner provided in and subject to the limitations imposed by the Act. The Separate Interests and their respective Owners shall be subject to the levying of Assessments.

The lien for Assessments shall be superior to all other liens, except (i) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any first Mortgage. Sale or transfer of any Separate Interest shall not affect the Assessment lien; provided that the transfer of any Separate Interest pursuant to judicial or non-judicial foreclosure of a first Mortgage shall extinguish the lien of or obligation for such Assessments as to payments which became due prior to the transfer, except for those Assessment liens, if any, recorded prior .to the first Mortgage. No sale or transfer shall relieve any Separate interest from liability for any Assessments thereafter becoming due or from the lien thereof.

 ,'"

8.         PURPOSE OF ASSESSMENTS. The Assessments levied by the Board on behalf of the Association shall be used to ,promote the recreation, health, safety and welfare of the Owners and Members of the Association, for the operation, replacement, improvement and maintenance of the Common Area, and to. discharge any other obligations of the Association under this Declaration, the Bylaws, other Governing Documents or by law. Assessments shall be used to satisfy Common Expenses of the Association, as provided herein and in the Bylaws.

9.         NOTICE OF CLAIM OF BREACH. The Architectural Committee or the Board may at any time that they deem a breach of the Governing Documents has occurred, execute, acknowledge and record in the Recorder's Office of San Diego County, Notice of Claim of Breach setting forth the facts of such breach describing the Separate Interest or Interests upon which such breach occurred and setting forth the name of the Owner or Owners thereof. Such notices upon being recorded, shall be notices to all persons of such breach, provided an action has been commenced within sixty (60) days after the recording of such notice to establish such breach and if no such action has been commenced within such sixty day period, then and in that event such notices shall be of no force and effect whatsoever and the breach set forth in said notice shall be presumed to have been cancelled.

Provided, that a breach of any of the conditions and restrictions in the Governing Documents shall not affect, impair, defeat, or render invalid the lien, charge or encumbrance of any Mortgage or trust deed made for value which may then exist upon said land. Any Mortgage or trust deed shall be and is hereby declared to be prior and superior to the rights in favor of any person or persons under and by virtue of these conditions and restrictions; provided, however, that in the event of a foreclosure of any such trust deed or Mortgage, or if the owner of the note secured by such trust deed or Mortgage acquires title to said land in any manner whatsoever in satisfaction of his indebtedness, then any purchaser at the foreclosure or trustee's sale, or any said note owner acquiring title as aforesaid agrees that said property so acquired by them shall immediately upon said acquisition become subject to each and all of the conditions and restrictions and rights herein contained, but free from the effects of any breach occurring prior thereto.

10.       LEGAL ACTION IN THE EVENT OF BREACH. The terms of this Unified Declaration shall operate as covenants running with the land and shall be binding on the Owners of every Separate Interest, including any bonafide purchaser under contract or any other person taking an interest in the property, and their heirs, successors and assigns. A breach of any of the covenants contained herein or in any other Governing Documents may be enjoined, abated, or remedied by appropriate proceedings by the Owner or Owners of any Separate Interest, or by the Architectural Committee, or by the Association acting through the Board.

11.       SUBDIVISION OF LOTS. No Separate Interest shall be re-subdivided into building sites if the frontage will be less than the original recorded map filed for record.

12.       AGE RESTRICTIONS. Seven Oaks shall be operated as housing for older persons. Thus, residency on or in any of the Separate Interests or other property subject to this Unified Declaration shall be restricted to older persons to the fullest extent permitted by federal, state and local laws. Specifically, the Association and its Members shall be empowered to enforce compliance with all applicable federal, state and local laws which permit age restrictions in housing, including without limitation, the Fair Housing Amendments Act of 1988, 42 U.S.C, Section 3601 et. seq. and the California Unruh Civil Rights Act, California Code Section 51.3) as any such laws may be amended from time to time hereafter.

It is likely that there will be further changes in the laws affecting housing for older persons after the date that the Unified Declaration is recorded. Therefore, to avoid further amendments to this document, which may be needed due to subsequent changes in laws pertaining to age restrictions, the Board of Directors shall be empowered to promulgate rules and regulations to implement and comply with any such laws and to amend such rules and regulations from time to time to achieve compliance with any subsequent legislation or court ruling pertaining to age restriction provisions of this Section shall be deemed to have been amended by any rules and regulations promulgated by the Board under the authority of this Section, and all owners, residents, and prospective occupants shall be deemed to have constructive notice of any such rules and regulations promulgated by the Board.

If any Law, now or hereafter in force, should require or be interpreted to require that specific restrictions applicable to housing for older persons must be recorded as part of this Unified Declaration, then the Board shall be empowered to record an appropriate amendment to this Unified Declaration to insure that the Unified Seven Oaks Area continues to qualify as housing for older persons or senior citizens under all applicable Laws. The Board may record such an amendment without the need for any approval by the voting power of the Owners, notwithstanding the amendment provisions located anywhere in this Unified Declaration, and specifically including the amendment provisions in Section 51. The powers given to the Board under this section to enact and to amend rules and to amend this Unified Declaration shall be limited solely to the powers necessary to preserve and enforce the Property's status as housing for older persons.

Set forth below are the minimum requirements applicable at the time this document was sent to the Owners and Members for approval. If any changes in the law occurred before the Unified Declaration was approved and recorded, this Age Restriction statement shall be deemed to have been amended by operation of law to comply with the current law. To comply with the Federal Fair Housing Amendment Act of 1988 and the California Civil Code 51.3, occupancy of each Separate Interest in Seven Oaks shall be restricted to at least one (1) "Qualifying Resident" or "Senior Citizen", which means a person fifty-five (55) years of age or older.

Furthermore, to comply with the requirements of California Unruh Civil Rights Act, all residents of Seven Oaks shall be fifty-five (55) years of age or older, unless a resident qualifies as a "Qualified Permanent Resident" under one of the exceptions of the Unruh Civil Rights Act. The following were the exceptions permitted at the time this Unified Declaration was sent to the Owners and Members for approval.

A "Qualified Permanent Resident" means a person who meets AL.L of the following three requirements:

1) A person who was residing with the Qualifying Resident or Senior Citizen prior to the death, hospitalization, or other prolonged absence of, or the dissolution of marriage with the Qualifying Resident.

2) Was forty-five (45) years of age or older, or was a spouse, cohabitant, or person providing primary physical or economic support to the Qualifying Resident or Senior Citizen

3) . Has an ownership interest, in or is in expectation of an ownership in the Qualifying Resident's Separate Interest.

     The term "Cohabitant" means persons who live together as husband and wife. Upon the death or dissolution of marriage, or upon hospitalization or other prolonged absence of the Qualifying Resident, only Qualified Permanent Residents shall be entitled to continue their occupancy, residency or use of the Separate Interest.

Persons under 45 years of age may reside in the Unified Seven Oaks Area for periods of time which total no more than 60 days per year.

     A "Permitted Health Care Resident" means a person hired to provide live-in, long-term, or terminal health care to a Qualifying Resident.

     Separate Interests sold or transferred by persons under fifty-five (55) years of age, who resided in said Separate Interest by virtue of an exception permitted under the Law, shall be occupied, after sale or transfer, by at least one (1) person fifty-five (55) years of age or older, and by any other persons who otherwise qualify by Law to reside within the Unified Seven Oaks Area.

     For purposes of this section, the word "Law" shall include, without limitation, all statutes, ordinances and other forms of legislative enactments, administrative regulations, administrative rulings and guidelines, as each may be amended from time to time, and decisions and interpretations from or arising out of administrative enforcement proceedings and court decisions. For purposes of this section the word "Declaration" shall have the meaning set forth in California Civil Code Section 1351, or any successor statute.

In the event of any inconsistency or conflict between the provisions of this section and any other provision of this Unified Declaration, the term~) of this section shall control. Furthermore, in the event of any inconsistency among the provisions of federal Law, state Law, local Law, this Unified Declaration, and the Association's Rules and Regulations, the Association's Rules and Regulations and this Unified Declaration shall be controlled by the provisions of federal Law, state Law and local Law, in that order.

13.       RENTAL PROPERTY. Owners, or the owner's rental! agency must furnish the renter with a copy of this Unified Declaration. The owner or rental, agency must also furnish the Association with a completed copy of the RENTER DESIGNATED SENIOR FORM, in a form provided by the Board, giving the names and ages oj[ all of the occupants. Rental occupants must meet all of the age requirements of the law as outlined above in Section 12.

14.       AGE VERIFICATION. Age Verification Forms, in a form provided by the Board, shall be distributed to all residences together with the Seven Oaks Community Center Assessment Invoice each August. This form must be completed and returned to the Association together with the annual Assessment payment.

15.       MOVEMENT OF BUILDINGS. No building of any kind shall be moved from any place to any location in the Unified Seven Oaks Area, or from one Separate Interest to another Separate Interest, without written permission of the Architectural Committee.

16.       HEIGHT OF DWELLINGS. No dwelling within the confines of the Unified Seven Oaks Area shall be more than one story in height nor shall it exceed a maximum of twenty feet (20 ft.) above the lowest elevation on the perimeter of the dwelling.

17.      MINIMUM FLOOR AREA OF BUILDINGS. The living area, exclusive of porches, patios, exterior stairways, and garages of any detached residential Separate Interest shall not be less than 800 square feet. The minimum floor area required by this section shall not apply to condominium Separate Interests.

18.       PLANS AND SPECIFICATIONS, ETC. Any building, outbuilding, or other structure of improvement, including but not limited to, solar heating and skylights, shall require written approval of the Architectural Committee. The complete plans and specifications, including the color scheme of each building, fence, wall, and/or other improvement to be erected upon any Separate Interest, must be approved in writing by the Architectural Committee, and no building shall be located on any Separate Interest nearer than the set-back line as shown on the recorded plot. Provided, however, that if the Architectural Committee fails to approve or disapprove such location, plans, or specification within sixty (60) days after the submission thereof, then such approval will not be required provided that any such building, outbuilding, or other structure or improvement so to be erected conforms to all 01her conditions and restrictions herein contained, and is in harmony with similar structures erected within the Separate Unit in which the Separate Interest is located.

19.       SECOND-HAND MATERIAL; PAINTING REQUIRED. No second-hand material shall be used in construction of any building or other structure without the prior written approval of the Architectural Committee; and all buildings and fences which are of frame construction shall be painted or stained with at least two coat:; upon completion. Exception to this may be given by the Architectural Committee by written approval.

20.       DILIGENCE IN CONSTRUCTION REQUIRED. The work of constructing and erecting of any building or other structure shall be pursued diligently from the commencement thereof, and the same shall be completed within a reasonable time.

21.       EXTERIOR ALTERATIONS. No alteration shall be made in the exterior design or color of any structure unless such alterations, including any addition, shall first be
approved in writing by the Architectural Committee.

22.       BUILDING AND GROUNDS ALTERATIONS. All construction debris must be cleaned up by the contractor or Owner. Paint and concrete residues shall not be washed away in gutters to enter the City drains.

23.       TELEVISION ANTENNAE. There shall be no outside television or radio antenna  constructed, installed, or maintained within the Unified Seven Oaks Area.  In the future, rapid changes in technology may produce a television antenna that may be acceptable within the Unified Seven Oaks Area. The Architectural Committee will monitor such progress and advise the Board concerning the acceptability of such new advances, as they may be considered compatible with the beauty and decor within the Unified Seven Oaks Area. If acceptable to the Board, the Architectural Committee may approve installation on an individual basis.

24.       MAIL BOXES. The installation of mail boxes detached from the residence structures shall be subject to prior Architectural Committee approval.

25.       TEMPORARY RESIDENCES. No tent, shack, trailer and/or automotive unit, basement, garage, or outbuilding shall at any time be used anywhere within the Unified Seven Oaks Area as a residence either temporarily or permanently; nor shall any residence of a temporary character be constructed, placed, or erected anywhere within the Unified Seven Oaks Area.

26.       FENCES AND HEDGES. No construction of any fence, rail, or wall, or the planting of a hedge, shall be begun without prior written approval of the Architectural Committee. No fence, rail, or hedge over 36 inches in height shall be placed in front of the set-back line on a Lot, as shown on any Recorded subdivision map of any portion of the Unified Seven Oaks Area, as provided by City Ordinances; and no fence, wall (except a retaining wall), rail, or hedge higher than 72 inches in height may be constructed on said Lot. Where a fence, wall, rail, or hedge higher than 36 inches is requested, the Architectural Committee shall consider the impact on the view of adjacent Owners, and see-through! fences may be required where necessary. No Owner may construct a fence parallel to and immediately adjacent to another fence.

27.       SLOPE DRAINAGE AND EASEMENTS. Each of the Owners of a Separate Interest in the Unified Seven Oaks Area shall permit free access by Owners of adjacent or adjoining Separate Interests to slopes or drainage ways located on said property which affects said adjacent or adjoining Separate Interests, when such access is essential for the maintenance of permanent stabilization on said slopes, or maintenance of the drainage facilities for the protection and use of property other than the Separate Interest on which the slope or drainage-way is located.

Each Owner of a Separate Interest in the Unified Seven Oaks Area shall not interfere in any way with the established drainage pattern over his Separate Interest or over any adjoining or other Separate Interest in the Unified Seven Oaks Area. Said Owner shall make adequate provisions for proper drainage in the event it is necessary to change the established drainage over his Separate Interest. For the purposes thereof, "'established drainage is defined as the drainage which occurred at the time of the overall grading of each Separate Unit, including the landscaping of each Separate Interest in the Unified Seven Oaks Area as completed by the original contractor.

28.       TREES. It is the responsibility of each Owner to maintain all trees in accordance with this Unified Declaration. Trees on the same level as the house should not exceed the height of the house. The height of the trees planted on or below the crest of a slope located along the rear property line of a lower level Separate Interest shall not exceed in height a horizontal plane extending outward from, and 36 inches above, the finished first floor elevation of the upper level Separate Interest. Exceptions to these restrictions may be approved by the Architectural Committee as long as views from surrounding properties are not substantially affected. Before planting any trees, the proposed location and species of such trees must be approved in writing by the Architectural Committee. This section does not apply to Condominium Associations which are responsible for maintaining the trees within their respective Condominium Associations.

29.      TRAFFIC HAZARDS. Trees and Shrubs of comer lot properties, and adjacent to driveways, must be trimmed, and kept trimmed, to allow adequate vision for drivers to see approaching traffic.

30.      MAINTENANCE. Each Owner shall maintain, water, plant, and replant all slopes, banks, and yard areas located on the Owner's Separate Interest. This is to prevent erosion, and to contribute to an overall attractive appearance.

31.      ENCROACHING PLANTS. Plants encroaching on adjoining property must be trimmed by the Owner to remain within the confines of the owner's Separate Interest.

32.      UTILITY AREAS. Drying yards, open porches, carports, and garages used for drying purposes and storing of refuse containers shall be screened from exterior view of any neighbors. The storage area, drying area and/or refuse container must be screened by fences, hedges, shrubbery, or closed doors. No refuse containers shall be placed on the curb before 6:00 P.M. on the day before trash pick-up. Trash containers must not hinder pedestrian traffic. No refuse container should be left at the curb after 6:00 P.M. of the trash collection day.

33.      SIGNS. No sign or advertising pennant, other than one sign of customary and reasonable dimensions advertising a property for sale, shall be erected or displayed on any Separate Interest or upon any building or other structure thereon, without the prior written permission of the Architectural Committee. All signs must conform with applicable San Diego City ordinances.

34.      WELLS. No electrical generation equipment, wells for the production of oil, gas, or water shall be operated on any Separate Interest without prior approval of the Architectural Committee. .

35.      FARM OR WILD ANIMALS. No turkeys, chickens, geese, ducks, pigeons or fowl of any kind, goats, rabbits, hares, horses, pigs, reptiles or animals termed "farm animals" or "wild animals" shall be kept, or allowed to be kept anywhere in the Unified Seven Oaks Area, No food of any kind shall be placed on the ground, for such practice attracts rodents and predators.

36.       COMMERCIAL BUSINESS OR NUISANCE. No part of any Separate Interest shall be used for a commercial business of any kind, including the: raising of animals nor for the purpose of making or vending liquor, beverages or drugs of any kind. No machinery, appliance, or structure shall be placed, operated or maintained thereon for use in connection with any trading, manufacturing, or repairing business. Commercial vehicles, automotive, and other equipment causing any unreasonable noise may not be operated in the Unified Seven Oaks Area after 7:00 PM or prior to 7:00 AM. Nothing shall be done on or in any Separate Interest which is or could become a nuisance to the neighboring residents.

37.       ESTATE SALES. Estate sales shall consist solely of the Owners’ estate property.  No items may be brought in by the estate “seller” to create an expanded sale.

38.       DOGS. Dogs are not to be left where they might annoy neighbors with their barking nor should they create an unreasonable disturbance or nuisance of any kind. Dogs must be on a leash at all times when outside of the owner's premises" and owners must pick up all droppings of their animals.

39.       VEHICLE PARKING. Garages shall be limited to parking vehicles, although some articles may be storied around the walls. Commercial vehicles, when not in use and kept at the Owner's Separate Interest, must be parked in a carport or closed garage between the hours of 7:00 PM and 8:00 AM and on weekends and holidays. A garage cannot be converted into living or storage areas or used in a manner that will prevent it from accommodating the number of vehicles designed to park in it. Vehicles may be parked in the driveways within the Unified Seven 0aks Area only if all garage parking space(s) are occupied.

            Extra vehicles may not be parked at the back of the house, side of the house or off or alongside the driveway. Extra vehicles may be parked on the street, but must be moved every 72 hours. After 72 consecutive hours, the Police Department may be notified to take appropriate action, and the vehicle may be towed.

            Trucks, trailers, motor homes, boats, etc. shall not be parked in the Unified Seven Oaks Area for more than 72 consecutive hours except in a garage or carport, No inoperable vehicles may be parked within the Unified Seven Oaks Area or on a private street at any time. An improperly parked vehicle will be towed at least twenty-four hours (24 hrs.) after the posting of a towing warning notice on the vehicle.

40.       PERMITS REQUIRED TO MAKE ANY CHANGE, IN THE PROPERTY. Any of the following changes in the property requires approval of 1the Architectural Committee in writing. (Approval forms may be obtained at the Association Office.)

            (a)        Major landscaping or installation of sidewalks, driveways, patio slabs, or decks.

            (b)        Installation of fencing, hedging, or walling in of the property, or planting of trees.

            (c)        Re-roofing, even if the roof will be the same color.

            (d)        Installing roof ventilators, skylights, and /or solar heating

            (e)        Any exterior painting even though it is the same color.

            (f)         Room additions

            (g)        Enclosing the carport

            (h)        Outer wall structural changes, enlarging or replacing or adding windows

            (i)         Installation of awnings or security bars on any windows

            (j)         locating of air conditioner compressor to comply with noise abatement

            (k)        Any other exterior change or modification

41.      COMPLAINTS OF VIOLATIONS. Notification by residents of perceived violations of this Unified Declaration are to be made in writing to the Architectural Committee, and signed by the complainant. The Architectural Committee will asign a member to investigate the complaint. Reasonable confidentiality shall be maintained alt all times.

42.      DECISIONS MADE BY THE ARCHITECTURAL COMMITTEE. Decisions made by the Architectural Committee regarding complaints will be based on interpretation of this Unified Declaration. Decisions will be in writing and signed by the Architectural Committee. Subject to the Board's authority and control over the Architectural Committee, as set forth in Section 5 above, the decision of the Architectural Committee will be binding.

43.      GRANDFATHERED CONDITIONS. Conditions existing before this .Unified Declaration was recorded that were permissible under previous Separate Declarations and which may be at variance with this Unified Declaration, are exempted under this document so long as the original condition exists or until it needs to be modified, replaced or otherwise changed.

44.      OWNER RIGHTS AND DISCIPLINE. No Owner shall have the right, without the prior approval of the Board, to exercise any of the powers or to perform any of the acts delegated to the Board by the Governing Documents.

            The rights and privileges of ownership, together with the voting rights of any Owner, may be suspended by the Board for any period of time during which the assessment on his Separate Interest remains unpaid. The Board shall also be empowered to suspend a Owner's rights and privileges, including the voting-rights of any Owner, for a period not to exceed thirty (30) days for a single violation, and to impose monetary penalties or other appropriate discipline for failure to comply with the Governing Documents, provided that the procedures for notice and hearing, satisfying the minimum requirements of Corporations Code Section 7341, as amended from time to time, are followed before a decision to impose such discipline is reached.

            Any procedure for Owner discipline must be carried out in good faith and in a fair and reasonable manner. Although a court may find other procedures 1to be fair and reasonable, the following procedure is deemed to be fair and reasonable according to Corporations Code Section 7341, in effect at the time these provisions were drafted. The Owner must be sent at least fifteen (15) days' prior notice of the specific discipline proposed and the date on which the discipline will be effective. The Owner must be given an opportunity "to be heard, either orally or in Writing, at least five (5) days before the effective date of the proposed discipline. If the Owner fails to respond to the notice, the opportunity for at hearing shall be deemed to be waived, and the Owner may be found guilty by default of any violations which were alleged. The hearing, if not waived by the Owner, shall be conducted by the Board, or by another body or committee authorized by the Board, in executive session, to determine whether or not the proposed discipline should be imposed. The notices required by this section may be given in any manner reasonably calculated to provide actual notice to the Owner, provided that any notice given by mail must be sent both by regular first class, and by certified mail return receipt requested, postage prepaid, to the last address of the Owner as shown on the Association's records.

            Notwithstanding any statement or implication in the Governing Documents to the contrary, the Board shall not have the power to forfeit, abridge: or suspend any Owner's rights of access to his Separate Interest or the utilities serving such Separate Interest, and no Owner may be expelled from the Association. Furthermore, except to the extent hereafter permitted by law, a monetary penalty imposed by the Association as a disciplinary measure, whether for failure of a Owner to comply with the Governing Documents, or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Areas and facilities for which the Owner was found responsible, or in bringing the Owner or his or her Separate Interest into compliance with the Governing Documents, may not be characterized nor treated as an assessment which may become a lien against the Owner's Separate Interest which is enforceable by a sale of that Owner’s Separate Interest by non- judicial foreclosure in accordance with the provisions of Sections 2924, 2934(b) and 2924{ c) of the California Civil Code.

            The provisions of this section are not required with respect to the levying of late charges, interest or reasonable costs of collection (including at1:omey's fees) against an Owner who is delinquent in the payment of assessments.

45.       ARBITRATION OF DISPUTES. Any dispute or claim in law or equity arising out of this Unified Declaration or the Governing Documents, except for disputes involving the payment or collection of the Association's assessments, shall be decided by neutral binding arbitration using an arbitrator mutually selected by the affected parties. If the parties cannot agree on the selection of an arbitrator, then the arbitrator shall be selected and the arbitration shall proceed in accordance with the rules of the American Arbitration Association. All such disputes shall be decided using arbitration, and not by court action, except as provided by California law. In arbitration arising out of this Unified Declaration the prevailing party shall be entitled to reasonable attorney fees and costs.

            Notwithstanding the foregoing arbitration requirement, if there is a violation of the Governing Documents that requires art immediate injunction or other immediate action to prevent irreparable harm to a party, that party may proceed to a court of competent jurisdiction to seek immediate relief. However, once any such relief has been granted, the Court shall refer the matter to arbitration as provided in this section, except for any continuing jurisdiction of the Court that may be necessary for the Court to enforce any orders it has issued.

46.      INVALIDITY OF ANY PROVISION. In the event any condition or restriction herein contained is invalid, or is held invalid or void by any Court of competent jurisdiction, such invalidity or nullity shall in no way affect any other condition or restriction herein contained.

47.      WAIVER. A waiver of a breach of any of the foregoing conditions and restrictions shall not be construed as a waiver of any succeeding breach or violation of any other condition or restriction.

48.      COPIES OF GOVERNING DOCUMENTS TO NEW RESIDENTS. Before conveying, selling, leasing, or renting any of the Separate Interests in the Unified Seven Oaks Area, Owners must provide the new resident with a copy of the Governing Documents and must provide the Association with an initial completed Age Verification Form, as required by Section 14.

49.     BINDING EFFECT. All Owners, their tenants, guests, invitees and any members of their respective families and their respective heirs, successors and assigns shall be bound by all the terms of the Governing Documents.

50.      TERM OF DECLARATION. All of the covenants and restrictions in this Unified Declaration shall run for a term of 40 years from the date it is recorded, after which time these covenants and restrictions shall be extended automatically for successive periods of 10 years each, unless amended or terminated in accordance with the amendment provisions contained in Section 51.

51.      AMENDMENTS. This Unified Declaration may be amended at any time either by the Board of Directors, where expressly authorized by this Unified Declaration, or by an instrument in writing that has received the vote or written consent -of a majority of the Members of the Association, based on one vote for each Separate Interest that is part of the Unified Seven Oaks Area described in Exhibit B, as amended from time to time. The amendment must be recorded in the Recorder's Office of the County of San Diego, California.

            The vote for each Separate Interest shall be exercised as the Members among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Separate Interest. If only one Member votes, when more than one (1) person holds an interest in any Separate Interest, such act binds all; or if mote than one (1) such Member votes, the act of the majority so voting binds all.

            Notwithstanding the above amendment requirements, if this Unified Declaration is later found to contain any unintended errors or omissions, the Board shall have the right to record an amendment, supported by appropriate affidavits or declarations explaining such errors or omissions.