The following Rules and Regulations have been adopted by the Board of Directors of the Evergreen Community Association (hereinafter referred to as the Association) in accordance with the Covenants Conditions and Restrictions to not only protect the architectural integrity and harmony of the community, but also to promote the safety and welfare of residents and to maintain an acceptable quality of life. Furthermore, the purpose of the Association is to enhance and protect the value, attractiveness, and desirability of the Properties.
The Rules, Regulations and Architectural Control Standards hereinafter referred to as the “Rules,” shall be binding upon all Owners and residents. These Rules shall sUpersede any previously adopted Rules on the same subject matter and shall be enforced by the Board of Directors.
In establishing and maintaining the Rules, the Board shall make every effort to ensure that they do not affect Owners’ rights to the enjoyment of reasonable and unrestricted use of their property or privileges of ownership. The Rules may be modified, repealed or amended at any time by a resolution of the Board of Directors when deemed necessary and when in the best interest of Owners/residents and the community and in compliance with all legal requirements of notice to the members for review prior to adoption.
It should be remembered that the Rules do not replace the Covenants Conditions and Restrictions (CC&Rs) which the Board of Directors uses as its primary governing documents. Both documents are in force. In case of conflict between the wording of this document, the CC&Rs, or in certain situations, statutory or case law will prevail.
Property in the Association is comprised of, in part, “Common Areas” and “Association Maintenance Areas”. The Common Areas include the streets, curbs, sidewalks, green belts, mail boxes, exterior lighting and parking areas comprise the Common Areas. Your Association, along with its management agent, is responsible for the operational management and oversight of maintenance and improvement of these areas.
Association Maintenance Areas refers to the front door, garage door, outside surfaces (excluding glass surfaces), structure, and roofs of all Residences.
An Owner’s maintenance responsibilities with respect to their Lot, and the Improvements located thereon, are described in the CC&Rs. In addition, the Association has certain maintenance responsibilities with respect to an Owner’s Lot, and the Improvements located thereon, as set forth in the CC&Rs.
These are the general Rules of the Association. Exceptions to these Rules may be granted only by written approval from the Board.
Maintenance: No maintenance shall be done on the Common Areas or Association Maintenance Areas by residents without the prior approval of the Board of Directors.
Damage: Any damage to buildings, grounds, or other Common Areas or to equipment by an owner, tenant, guest, family member, pet, or unknown shall be repaired at the expense of the owner. Owners are fully responsible for the actions of their tenants, family members, guests and pets, and shall be held accountable for any damage done to the property.
Common Areas: The green belts and walkways shall not be used for storage or parking or be obstructed in any way. No bicycles, toys, trash cans or recycle bins, or other personal property shall obstruct entrance ways, walkways, parking or other Common Areas. Nothing is to be placed within the common areas without prior approval, including but not limited to, signs, posters, flags, etc.
Block Walls: The front and back Common Area block walls shall not be used for placement of personal items including, potted plants.
Unlawful and Disturbing Noises/Practices: No resident shall make or permit any unreasonable noise that will disturb or annoy other residents, or permit anything to be done which will interfere with the rights, comfort and convenience of other residents between the hours of 10pm and 7am, daily.
Trash and Garbage: Trash and garbage shall be placed in approved trash cans. Trash cans must be kept inside the rear of each Lot/Residence out of sight from the Common Areas and neighbors until the evening before pick-up day. Trash cans must be placed back in your Lot/Residence by the evening of trash pick-up day.
Arrangements for the removal of bulky items such as mattresses, furniture, appliances, construction materials, etc., must be made with the trash hauler and shall not be placed outside earlier than the day before the scheduled pick-up day.
Recreation Areas: Recreation is permitted in designated Common Areas provided that such activity is not of a nature that is destructive or potentially destructive of property. Also, such activity or use should not violate the provisions of unlawful and disturbing noisestpractices delineated above. Recreation and lounging are prohibited in the streets and in the areas behind the garages.
Barbecuing: Outdoor cooking is permitted only in the backyard of your Residence. Fire pits and fireplaces of all types, whether gas or electric, are not permitted in front yards.
Signs and Flags: Signs (including security or alarm notice signs), notices, advertisements, or any alteration of exterior surfaces shall not be placed, inscribed, or exposed on or upon the Common Area.
Specifically excluded from this regulation are seasonal decorations, display of the American flag, and “For Sale” signs in accordance with the Declaration of Covenants, or as approved in writing by· the Board. An Owner may place one (1) sign advising of the existence of security services protecting a Residence as long as it complies with the Association’s governing documents.
Noncommercial signs, posters, flags, or banners may be made of paper, cardboard, cloth, plastic, or fabric, and may be posted or displayed from the yard, window, door, balcony, or outside wall of the separate interest, but 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. Noncommercial signs and posters that are more than nine square feet in size and noncommercial flags or banners that are more than 15 square feet in size are prohibited from being displayed. All signs must conform to the requirements of state and local laws, as well as regulations of governmental entities.
Rental Property: All Owners who rent their Residence shall: (1) provide the tenant with a copy of the Association’s governing documents, including the CC&Rs, By-laws and Rules, (2) include in the lease or rental agreement a provision that the tenant has been given said copies, has read and understood, and agrees to abide by these documents, (3) notify the Board of Directors or the Association’s community property manager in writing that the residence is tenant-occupied, giving the name{s), address, phone number, and email of the occupants, and (4) provide to the Association’s community property manager and/or the Board the name of any agent retained by the Owner managing the Residence for him/her. The Owner is responsible at all times for the enforcement of the established guidelines.
Vandalism: Owners and their families, tenants, and guests shall not deface, remove, or destroy, or permit the defacing, removing or destruction of any element of the Common Areas.
Pest and Rodent Control: Each resident is responsible for the control of insects and rodents within his/her Lot/Residence whether or not such insects or rodents originated from the Common Areas.
Standards for Owner Required Maintenance: ln addition to the above, each Owner shall maintain the elements of the Residence and Lot for which he/she is responsible in a condition which does not impair the value or desirability of other Residences and Lots.
Residential Use: All residences shall be used for residential purposes exclusively. No noxious or offensive trade or activity shall be carried on within any residence, nor shall anything be done therein or thereon which may be or become an annoyance to the neighborhood or other Owners. No Residence within the Association shall be rented for transient or hotel purposes.
Nothing shall be done or maintained in any Lot or on any Common Area which will increase the rate of insurance to the Association, result in the cancellation thereof, or be in violation of any law.
The maintenance, keeping, boarding and/or raising of animals, livestock or poultry of any kind, regardless of number is prohibited, except that this shall not prohibit the keeping of dogs, cats, caged birds, fish and other usual household pets, provided they are not maintained, kept or bred for commercial purposes, in unreasonable quantities, and provided further that the keeping of such dogs, cats, caged birds, fish and other usual household pets will not constitute noxious or offensive activity. As described in the CC&Rs, “unreasonable quantities” ordinarily means more than two (2) pets per household; provided, however, that the Board may determine that a reasonable number in any instance may be more or less.
All pets shall be kept leashed and under the control of their owner whenever they are outside the Residence and shall not be allowed to run free or unleashed at any time, or to otherwise interfere with the rights, comfort or convenience of other residents. Dogs may not be walked on grassy areas near your neighbors’ Residence. Droppings must be cleaned up after. Residents are responsible for all damages caused by their pets to Common Areas and to the property of others.
Pets must be licensed, vaccinated and kept in accordance with Irvine and Orange County laws and regulations.
All vehicles owned by residents must be registered with the Northpark Homeowners Association and Evergreen Community Association.
Garages are considered resident parking spaces. Occupants shall utilize garage area for parking purposes only. Prior to being eligible to park additional vehicles on the street, each Resident is required to ensure that their garage accommodates at least the number of Authorized Vehicles for which it was constructed. Residents who own more than two vehicles must obtain an “on street” parking permit from the Association before any vehicle is to be parked in the Common Area parking spaces.
Residents who must temporarily park their vehicles overnight in the Common Area parking spaces shall notify the Association’s management company providing the make and model and license number of such vehicle and the length of time required. The maximum length of time shall not exceed 72 hours.
Garages may not be used for storage or any other purpose to the extent that this prevents Residents from using the garage for vehicle parking. Likewise, garages are not to be used for long- term storage of a motor vehicle when that storage causes another vehicle to be displaced to a street parking space. Garage doors are to remain closed at all times except when entering or exiting the garage or while a resident is actively engaged in an activity requiring the door to be left open.
Green: Parking in designated marked parking spots.
Red: Parking not allowed.
There will be no parking in front of garages except on a temporary basis (washing car, picking up or dropping off people, unloading groceries, etc). A driver must be present with the vehicle. This is due to the fire lane restrictions and fire department regulations regarding access to a residence in case of a fire or other emergency. Vehicles in violation are subject to a fine and immediate removal at the owner’s expense.
Only authorized non-commercial vehicles are allowed to park in the Common Area. Authorized vehicles are:
- Standard passenger vehicles.
- Passenger vans designed to accommodate ten (1O) or fewer people.
- Pick-up trucks having a manufacturer’s rating payload of one (1) ton or less.
- Motorcycles
Vehicles leaking gasoline, oil, or other fluids are prohibited from parking on the Common Area. Any clean-up or damage expense caused by such leakage will be charged back to the vehicle owner. If the vehicle owner is a guest or tenant of an Owner within the Association, that Owner will be held responsible. No repair, maintenance or restoration of any vehicles may be conducted within the Association except within an enclosed garage when the garage is closed, subject to further regulation by the Board.
No junk or inoperable vehicle, or other vehicle on which current registration plates are not displayed, no trailer, truck, camper, house trailer, boat or vehicles of deficient appearance may be parked in the Common Area. Mechanical work on cars in the Common Areas is not permitted at any time except for emergency repair (flat tire, etc.). Unsightly, damaged vehicles are not permitted to park in the Common Area.
Noisy vehicles are not allowed to be driven within the Association. Loud noise emanating from within the vehicle is not permitted. Guests should be instructed to turn down the volume of their radios, etc, when entering the Association.
Guests are to park their vehicles only in areas designated as “Guest Parking” with a “current guest permit” obtained from security at one of the gates. The guest permit must be prominently displayed on the driver’s side of the dash board. Guests are welcome to park in Common Area parking provided such guest spaces are full. Residents are not allowed to park their vehicles in areas designated as “Guest Parking”. Any parking by guests, tenants or Owners in other than the designated areas is prohibited. Vehicles are specifically prohibited from parking in areas designated with red paint or fire lanes. Parking on rounded curbs is prohibited.
Commercial vehicles of outside vendors making deliveries or providing services to a resident may park in the Common Area for only that time that the service or delivery is required. Overnight parking by commercial vehicles is prohibited without the Association’s permission.
Owners of vehicles found to be in violation of the vehicle parking regulation or policy are to be notified of the Association’s intent to assess fines or have the vehicle removed. This notification shall be posted prominently on the vehicle and be given one time only. Second and subsequent parking violations will be cited and assessed immediately. Once the notice has been given, the Association will wait a minimum of ninety-six (96) hours before issuing tow authorization. Fire lane violations are subject to immediate towing. All towing charges are the responsibility of vehicle owners.
The maximum time a vehicle can be parked within the Association is 72 hours (3 days). The Association has made provisions for extended continuous parking of third and subsequent vehicles under limited conditions. The maximum allowed time is 30 days. A maximum of two non-continuous requests will be considered per calendar year.
The property owner of record must make all requests and include the following information:
- The name, address, telephone number, and email of the Association property owner of record making the request.
- The address of the property if different than above.
- The purpose for the request.
- The dates that the vehicle will be parked.
- The make, model, color and year of the vehicle.
- The vehicle license number.
- The location of the vehicle (give nearest street address or cross street).
- An emergency phone number of an individual who has the authority to move the vehicle.
Please mail, email or fax the above infonnation to the Association’s community manager at least five working days in advance of the requested start dates.
In addition, the following conditions apply:
- The vehicle is licensed and registered in California
- The vehicle is not a commercial vehicle.
- The registered owner must be a resident of the Association.
- The vehicle must be legally parked within the streets of the Association and cannot be parked in spaces reserved for Guests.
- The vehicle must be operable, free of leaks or other conditions that can harm property or the environment.
- The vehicle must not present an eyesore to the community.
- Prior to approval of your request, the Association or its property manager may require proof of registration and that the garage is being used to accommodate at least the number of Authorized Vehicles for which it was constructed.
- Vehicles parked beyond the requested dates will be towed.
- The Association or its management is not responsible for any loss or damage to the vehicle.
Failure to provide the requested information or meet the above conditions will result in a denial of your request and /or the immediate tow of the vehicle.
The Association (or the Board of Directors) shall not be responsible for the maintenance, insurance, liability, theft, vandalism or any damage which may come to any vehicle. THE VEHICLE(S) OWNER SHALL BE TOTALLY RESPONSIBLE FOR ANY VEHICLE PARKED UPON THE ASSOCIATION PROPERTY, INCLUDING RESPONSIBILITY FOR MAINTAINING THE LEAST MINIMUM INSURANCE REQUIRED BY LAW AND FOR THE PERSONAL AND/OR PRIVATE PROPERTY IN THE VEHICLE.
All persons must wear approved helmets when riding bikes, scooters, skateboards, etc, inside the community.
8. ARCHITECTURAL MAINTENANCE/CONTROL
The architectural covenant imposes a legal requirement on the Association to approve or disapprove construction of new structures, exterior additions or alterations to the original design of the Residences and Lots, and all subsequent alterations thereto BEFORE they are started by the Owner. The Board of Directors has delegated to the Architectural Review Committee (“ARC”) the task of reviewing applications and making recommendations to the Board for their approval or disapproval. Failure to obtain architectural approval prior to the start of work can result in fines and legal action.
Any proposed construction, installation or alteration proposed by an Owner to the exterior of his/her Residence and/or Lot, including landscaping, shall be submitted in writing to the ARC. All requests shall include a written description and a diagram of the proposed changes, and must be signed by the Owner. In addition, each Owner is required to submit the plans and specifications for the proposed project. The ARC shall transmit its decision and the reasons therefor to the applicant within forty-five (45) days after the ARC receives all required materials. Any application submitted pursuant to Article VIII, Section 8.2 of the CC&Rs shall be deemed approved unless the ARC transmits written disapproval or a request for additional information or materials to the applicant within forty-five (45) days after the date the ARC receives all required materials.
Once written approval, including any applicable conditions, has been received from the ARC and the work has been completed, the Owner must contact the Committee so that a final inspection may be made and signed off by the Committee. The ARC’s right to inspect the completed work and notify the responsible Owner of any noncompliance shall terminate sixty (60) days after the work has been completed and the ARC has received written notice from the Owner that that the Work has been completed. If the ARC fails to send a notice of noncompliance to an Owner before this time limit expires, the work shall be deemed to comply with the approved plans.
lt should be noted that approval of any project does not preclude subsequent adoption of more restrictive or more liberal standards, where deemed necessary, to maintain or improve overall architectural standards and harmony. No amendment shall affect any project approved prior to adoption of such amendment.
Any project or exterior modification which was completed prior to the issuance of these regulations which would normally require Board approval prior to initiation shall not be construed as setting a precedent, and will require Board approval before any major repairs, changes, and/or additions are made to said project or modification. Unapproved modifications, and any variances granted by the Architectural Review Committee do not automatically convey when the Residence is sold or transferred.
Before making any exterior changes or initiating any project which might be contrary to the architectural/maintenance standards, Owners are reminded that non-approved changes may not only be aesthetically offensive to their neighbors, but may also decrease the value of all Residences.
Any project, exterior modification, or other act in violation of these standards is subject to a citation, or other available legal remedies, by the Board and may require corrective action to bring the violation into immediate or future compliance with these standards.
For a list of pre-approved improvements, such as air conditioning units and flag pole mounts, see Evergreen ARC Pre-Approved Improvements.
9. SATELLITE DISH INSTALLATION AND MAINTENANCE
Owners and tenants are prohibited from installing any antennae upon their property interests, including an Owner’s Residence, for any purpose, except for an “Authorized Antenna.” An “Authorized Antenna” means (i) an antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multi-channel multi-point distribution service, instructional television fixed service, and local multi-point distribution service, and is one meter or less in diameter or diagonal measurement, (iii) an antenna designed to receive television broadcast signals, and (iv) a mast supporting an antenna described in items (i), (ii), and (iii) above. Antennas larger than one meter in diameter, except those antennas designed to receive over-the-air television broadcast signals, are prohibited unless approved by the Architectural Review Committee.
An Authorized Antenna will only be permitted to be installed or placed upon property over which the applicant has exclusive use or control and a direct or indirect ownership interest. An applicant may not place any part or portion of an Authorized Antenna upon the Common Area, Association owned property, nor on the property of another Owner, without the written consent of the other property owner and the Association. It is recommended that the applicant check with the management company and the Architectural Review Committee should an applicant be uncertain about whether the desired location for the antenna is Common Area or the property of another Owner.
An Authorized Antenna may be installed or placed upon an Owner’s Residence or property over which the applicant has exclusive use or control and a direct or indirect ownership interest pending the review and approval by the Association’s Architectural Review Committee. However, an applicant is advised that the
Association may require that the applicant remove and/or relocate the satellite dish/antenna to another Jess visible location if an acceptable quality signal can be achieved at that alternative location, without significantly increasing the costs or delaying its use. The Association may also similarly request that the satellite dish/antenna be painted or screened to provide for a less conspicuous appearance. Therefore, it is strongly recommended that an applicant seek the prior approval of the Association’s Architectural Review Committee before installation. The Association may, but is not required to, assign to each Residence an area within the Association that will be designated for the installation of an Authorized Antenna other than within a Residence.
No radio station or short-wave operations of any kind may operate from an Owner’s Residence unless approved by the Architectural Review Committee.
The Association may choose to enter an applicanfs Residence following reasonable notice and during reasonable times, to take comparative signal strength measurements and/or to verify the information on the submitted application. Such measurements will be used to assist the Association in its review of alternative antenna locations, where appropriate.
An Authorized Antenna and related equipment must be installed or placed so as minimize visibility (either by reason of location or screening which is architecturally consistent with the adjacent improvements and landscaping) from the street, sidewalk, Common Area, or any other Residence within the Association to the extent the placement (or screening) does not prevent reception of an acceptable quality signal or impose unreasonable expense or delay. Every effort must be made by the applicant to minimize the visibility of all wiring from the street, sidewalk, Common Area, or any other Residence within the Association, including minimizing the length of exposed wiring, concealing the wiring by following corners, trim and window frames.
The Owner or tenant is required to maintain the equipment, wiring and mounting framework for the Authorized Antenna. As may be needed far the painting, or other maintenance, inspection or repair of an Association maintained component, the Owner or tenant shall, upon the request of the Association, promptly and at the Owner’s or tenanfs sole cost, temporarily remove the Authorized Antenna and any related equipment or wiring so that the painting, maintenance, inspection or repair work may be performed without interference or delay. The Owner or tenant shall be responsible for reinstalling the equipment after the Association work is complete. If the Owner or tenant fails to comply with this requirement, causing interference or delay in the Association work, the Association has the right, at the Owner’s or tenanrs sore cost, to remove the Authorized Antenna, and all related equipment and wiring, causing such interference or delay, and the owner and/or tenant shall promptly repay to the Association all of such costs.
The Association may prohibit the installation of an Authorized Antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of managers, agents or employees of the Association and/or other owners, residents or guests, or for any other safety-related reason established by the Association. To prevent injury to persons or property, an Authorized Antenna must be properly and securely installed. To further these safety objectives, no Authorized Antenna may be placed, installed or maintained so as to obstruct access to/from emergency vehicles and fire equipment, or which may cause damage, injury or obstruction to any other resident or occupant. For further safety reasons, an Authorized Antenna must be adequately and safely installed. Bolting and/or guy-wires may be required for safe use, operation and maintenance of the Authorized Antenna, or to prevent damage or injury to the property or person of others or property over which the Association has a maintenance responsibility.
The Owner or tenant agrees to indemnify, defend and hold harmless the Association, the Board of Directors, the management company, and all Association Members, from all costs, claims, damages, expenses and liabilities arising out of or in any way related to a violation by the Owner or its tenants, or its or their respective contractors, agents or representatives, of these Rules and Regulations.
An Owner or tenant who installs a satellite dish/antenna will be responsible to the Association for the cost of repairing any damage to any Common Areas and/or any property over which the Association has a maintenance, repair and/or replacement obligation, and, under certain circumstances, the Association may also require that an Owner sign an Indemnity and Maintenance Agreement, prepared by the Association, which would be added to, and run with, the recorded instruments for the Owner’s property and would require the then Owner(s) to indemnify, defend and hold harmless the Association and others for any claims or damage to the Common Area, the Owner’s Residence, Association-maintained property or person(s), arising or resulting from the installation and placement of the Authorized Antenna and its components.
Only for purposes of these Rules and Regulations, a tenant who provides the Association with a written application for approval will be treated as the Owner of the Residence within which the tenant resides in the Association.
The violation of any provision of these Rules and Regulations may result in a reasonable penalty upon the owner or tenant of the Residence causing such violation.
The Association will not require that an Owner or tenant of a Residence wishing to install a satellite dish/antenna use a qualified and licensed contractor for such installation. However, should an Owner/tenant of a Residence elect to utilize a contractor for such installation, the Owner/tenant of the Residence must require that the contractor have both workiar’s compensation and general liability insurance policies before any such installation takes place. This requirement is intended to protect the Owner/tenant of the Residence, as well as the Association, should any personal injury, bodily injury and/or property damage occur as a result of the installation, maintenance and use, of the satellite dish/antenna by the Owner or tenant of the Residence.
These guidelines are intended to comply with the FCC Regulations, the California Civil Code, and the Association’s governing documents, as applicable. All amendments, modifications, restatements and interpretations of federal or state law applicable to the installation, use or maintenance of an Authorized Antenna shall be interpreted to amend, modify, restate or interpret these Guidelines and Rules.
Monthly payments of your assessment are due no later than the 15th of the month after which it will be late and a late fee will be imposed. Arrangements may be made with our management agent for prepayments or direct withdrawals.
Crummack Huseby Property Management is our contracted property management company.
Note that Crummack Huseby Property Management is also the property management company for Northpark. You will want to confirm that you are paying 2 separate Crummack Huseby HOA accounts: one for Northpark, and one for Evergreen. It is important to remember:
Assessments are due on the 1st of each month.
Assessments considered late on the 15th of each month.
A late fee is assessed on the 16th of each month.
As a courtesy, Billing statements are mailed on approximately the 22nd of each month
In the event that the Association or its managing agent observes that an apparent violation of the Governing Documents and/or Rules of the Association has taken place or receives a written report of an observed violation from an Owner, resident or other parties designated by the Board of Directors, the Board will act as follows:
- A Notice of Violation letter will be sent to the Owner of record. This is a courtesy letter to notify the Owner of a violation and the due date by which said violation is to be corrected in order to avoid further enforcement procedures.
- If the violation is not corrected by the due date, a Notice of Hearing letter will be sent notifying the Owner of their right to appear before the Board of Directors to come to a mutual agreement to resolve the violation. The hearing date will normally be set not less than ten (10) days from the date of the Notice of Hearing letter.
- In cases where a violation: presents a safety/health issue, or causes or can cause property damage, or represents a subsequent recurrence of the violation within a 12 month period, no Notice of Violation letter will be sent. Instead, a Notice of Hearing will immediately be sent requesting the Owner to remedy the violation without delay and to appear before the Board of Directors. ln an emergency situation, the Board will exercise their right to remedy the situation by whatever means is necessary prior to giving any Notice of Violation or Notice of Hearing.
- An Owner can either present their response to the violation in person before the Board of Directors at the time and place of the hearing, or by a written response to be received by the Association’s managing agent not less than three (3) days prior to the date of the hearing. A failure to respond will be assumed that the Owner is not contesting the validity of the violation.
- The Board will evaluate the response (or the failure to respond) and prepare a written decision that will be forwarded to the Owner within fifteen (15) days of the hearing. The Board of Directors may determine to impose a combination of fines, legal action, enter upon home Owner’s property to correct the violation or take any other necessary action. The Owner will be assessed all fines and other recoverable direct and indirect costs.
- If a fine is imposed the following schedule will apply:
- First occurrence; $200 plus an additional $250 for each 30 days or fraction thereof beyond the due date that the violation is not corrected
- Each additional occurrence within a one year period; $300 plus $350 for each 30 days or fraction thereof that the violation is not corrected.