RIVIERA AT SILVER CREEK VALLEY COUNTRY CLUB
HOMEOWNERS ASSOCIATION

RULES AND REGULATIONS

A. PREAMBLE

    A-1. The authority for the Board of Directors to form and enforce roles and regulations is provided by the Declaration of Restrictions (CC&R'S) under Section 5.6(ii). A copy of this Declaration was given to each owner at the time of purchase of their condominium unit.

    A-2. The Board of Director has or may create a Rules and Regulations Advisory Committee. The duty of this committee is to advise the Board of Directors regarding the Rules, the Bylaws and the Declaration of Restrictions.

    A-3. The Manager of the Riviera at Silver Creek Valley Country Club Ranch Homeowners Association has been instructed by the Board of Directors to require the compliance of all persons on Association properties with the provisions of all Rules, Bylaws and the CC&R'S. In the instance of a person violating the Rules, the Bylaws or the CC&R'S, the Manager has further been instructed to do any of the following:

    1. Obtain names and addresses of violators and report to the Board of Directors.
    2. Remove the persons from the Association premises.
    3. Call upon a law enforcement agency for assistance.
    4. Call upon residents to assist him in his duty.
    5. In the case of residents' children, make every effort to contact their parents immediately, prior to making the action called for in (b), and (d) above.

    A-4. The Rules as contained herein are issued by the Board of Directors. They are supplemental to the Conditions of ownership in the Declaration of Restrictions. If there is any conflict the provisions of the Declaration will prevail.

The Rules are intended as a guide to the conduct and activities of all members, lessees and residents of the Riviera at Silver Creek Valley Country Club Homeowners Association and their guests, to the end that everyone living in and using the facilities will enjoy the maximum pleasure without annoyance or interference from others. Strict observance and adherence is urgently requested by the Board of Directors. Policing actions because of violations, should not have to be necessary, but might be required.

B. COMMUNITY RELATIONS

    B-1. REGISTRATION All members and residents must be registered with the manager.

    1. Association members are those individuals owning a condominium trait at the Riviera at Silver Creek Valley Country Club project.
    2. Residents are defined as owners and members of their families living on the premises of the project, or lessees and members of their families living on the premises of Riviera at Silver Creek Valley Country Club.
    3. Owners leasing their unit(s) retain their voting right in the Association but assign the use of all common facilities of the project to the lessee of their units(s). The lessee assumes the privileges and responsibilities of membership as hereinafter stated, but does not have a voting right. The vote belongs only to the owner. Non-resident owners are not permitted to use any common area facilities when so assigned to a lessee except as a guest of a resident.
    4. The lease or rental agreement must be in writing and must be for an initial term of not less than 60 days and be subject to the CC&R'S, Bylaws and adopted roles.


    B-2. GUESTS

    1. Guests must be accompanied by a host or hostess resident of the Association when using the facilities of the Association.
    2. It is the right and duty of each resident to question the presence of any person who appears to be trespassing and/or advise the Manager regarding the situation.
    3. Use of the Association's recreational facilities may be granted temporarily to guests who occupy units for short periods, i.e., during owner's vacations. The Manager should be informed of such substitutions and the length of time involved.

    B-3. COMMON AREA DAMAGE Members, lessees and residents are responsible for payment of all cost of repairs for all damage to the Association's property caused by themselves, members of their families or their guests.

    B-4. NEIGHBORLY CONDUCT All activities, whether individual or group, shall be conducted at a noise level that is reasonable and not disturbing to other Association residents. Each owner or resident is responsible for the conduct and behavior of their children, guests, and any visiting children and for any property damage caused by such persons..

    B-5. SIDEWALKS Community sidewalks and stairways are to utilized for ingress or egress from buildings and units. They shall not be obstructed in any manner or used for any other purpose.

    B-6. EXTERIOR APPEARANCE/SIGNAGE

    1. Signs, awnings, decorative, advertising or other devices, or miscellaneous paraphernalia shall not be exposed or attached in any fashion to or on windows, balconies, fences and exterior walls or any other areas of buildings or grounds, unless written approval has been obtained from the Board of Directors.
    2. b) One sign not exceeding 2 feet by 2 feet advertising the unit for sale or rent may be displayed on the window of a unit or other area designated by thc Association.
    3. Window Coverings - Interior surfaces of all windows are to be covered with normal and customary window coverings such as curtains, drapes, shutters or blinds. The exterior side of all window coverings visible from the outside are required to be white, off-white, beige, or other neutral color except as expressly approved in writing by the Architectural Review Committee.
    4. Newspaper; foil, reflective material, sheets or other window coverings are prohibited.
    5. Window screens of individual units are not common property and their maintenance is the responsibility of unit owner.

    B-7. PATIO/DECKS USAGE

    1. Patios/Decks are not to be used for such purposes as drying laundry, miscellaneous storage, etc. Patios/Decks shall be considered as an aesthetic addition to the buildings and utilized in good taste so as to be generally attractive and inoffensive to other residents. Residents are responsible for keeping patio/balcony areas clean and attractive.
    2. No exterior clothesline shall be erected or maintained on any unit and there shall be no exterior drying or laundering of clothes on any balcony, patio, porch or other outside area of any trait.
    3. Hosing of balconies is not permitted. Caulking of balcony doors and windows are an Association responsibility, except when owners or tenants break the seals by removing the glass. The balcony decks are treated with a water resistant seal and Owners should be careful not to damage the seal by placing objects on the deck. All drains should be kept free of debris to avoid clogging, planters are not allowed to be placed on a rail or ledge for safety purposes and should not be over-watered to allow staining of the decks.
    4. Storage of any property in attics is prohibited for fire safety and insurance reasons.

    B-8. COMMON AREA SYSTEMS Common area, time clocks and lighting systems are to be adjusted and/or set by authorized personnel only.

    B-9. PARKING

    1. Unassigned parking spaces, are intended only for the use of passenger automobiles, pick-up trucks and motorcycles. Use of these parking spaces for other purposes or for the parking of vehicles such as campers, trailers, boats, motorized homes, etc. are not allowed. Inoperable vehicles are not allowed and will be tagged and towed.
    2. The garage is solely to be used for the parking and storage of cars, or similar vehicles.
    3. Garage doors must remain closed except for entering/exiting and when the garage is in use and attended.
    4. No vehicle, including mopeds and motorcycles, is to be parked on any areas surrounding the front of residential units, including sidewalks adjacent to the buildings.
    5. Residents must keep their driveway and garage clean of any oil or other stains at all times. Guests with vehicles which leak fluids must park outside the development. Owners are responsible for cleaning parking areas stained by their guests' vehicles.
    6. There shall be no maintenance or repairs preformed for any vehicle except within an enclosed garage or except for any emergency repairs that are necessary in order to remove the vehicle to a proper repair facility.
    7. No mobile home, camper or recreational vehicle, boat, truck exceeding three quarter tons or similar equipment shall be parked anywhere within the community.
    8. Residents must park their vehicles in their garages so that unassigned parking spaces will be available for guests. All golfcars shall be parked in garages. Residents cannot park more than two vehicles (including automobiles and golf cars) within the Community at any one time.
    9. No parking is allowed on any driveway aprons less than 18 feet in length. Only guests may park on driveway aprons of at least 18 feet in length for a continuous duration not to exceed 72 hours without first notifying management.
    10. Guest parking areas are for guests only and not to be used by Residents.

    B-10. ANTENNAS No outside television or radio poles, antenna, satellite dishes, cables, or. other external fixtures shall not be installed without first receiving approval of the .Board of Directors which is generally not allowed.

    B-11. MOVING

    1. Owners shall notify the Manager, in advance, of any moving-in or moving-out activities and the dates thereof.
    2. Padding and/or protective devices must be used to protect, floors, walls, steps, and hallways of all community areas when moving or transporting furniture, appliances or other large objects.
    3. Members are responsible for payment of all costs incurred for repair of damage done to Association common property during moving-in or moving-out activities to or from the unit which they own.

    B-12. PETS Normal and customary household pets may be maintained within a unit under the following conditions:

    1. Whenever pets are outside of the resident's unit, they must be on leash or otherwise under full control of the owner.
    2. Residents must clean up after any mishap performed by their pets.
    3. Residents shall be responsible for any damage to any common area and Association property, caused by any animal maintained in the resident's unit.
    4. Pets emitting excessive noise, or in any manner unduly disturbing other residents, may be caused to be removed from the premises of the Association by order of the Board of Directors after notice and a hearing.
    5. Pets are not be allowed within the confines of the pool-cabana area.
    6. Guests are not allowed to bring pets onto Association common areas.
    7. No more than two dogs, two cats, or one dog and one eat are allowed.
    8. No animals shall be maintained for any commercial purposes.

    B-13. TRASH Each resident is responsible for the removal of all trash to the trash collection area assigned to that unit. Each resident is responsible to keep the trash room in a neat, clean and sanitary condition at all times. The resident is responsible to arrange for and pay for "on premises" trash collection service directly with the provider. Trash receptacles are not allowed to be left outside of the trash rooms.

    B-14. ARCHITECTURAL CONTROL AND LANDSCAPING

    1. The Architectural Review Committee (ARC) has developed "Rear Patio Landscaping Guidelines" concerning landscape interaction and structures in The patio areas. These guidelines conform with the CC&R'S of our Association. The purpose of these guidelines is to provide information and procedures regarding any exterior changes and modifications so the Committee may render its decision.
    2. Alterations, additions or modifications made to the exterior surfaces of your unit must have prior written approval from the Architectural Review Committee or Board of Directors. This includes spas, gutters, gazebos, fire pits, built-in barbecues, water features, screen doors, fences, sun screens, windows, bamboo blinds, lattices, antennas, etc. No basketball standards or fixed sports apparatus are allowed. Patio pillars and support foundations cannot be modified in any manner and nothing can be attached to the pillars, fences, walls or exterior of buildings. Interior floor coverings
      cannot be altered
      or modified without prior approval of the Committee. Only above grade pre-fabricated spas and raised planter beds which are free-standing are allowed.
    3. Each homeowner shall complete the rear patio landscape installation within one year of the closing of escrow. Planting and landscaping that complies with the "Rear Patio Landscaping Design Guidelines" in the exclusive use common areas patios does not need to be submitted for approval. However, Owners are required to notify management prior to commencement of any construction and its completion.
    4. When applying for approval, please send as much information as you can including the following specific items:
  1. Completed Application form.
  2. State color, size, composition and description.
  3. Photo, sketch, copy of an advertisement or facsimile.
  4. Two sets of plans showing exact location of improvement(s).

    Please send all applications with supporting documentation for approval to
    the ASSOCIATION at:

VIERRAMOORE, INC.
124-G Blossom Hill Road
San Jose, CA 95123

Please remember that you must get approval BEFORE making any changes.

Please review the guidelines prior to submittal of any plans.

    1. Any modifications that do not have prior written approval of the Committee or comply to the Guidelines will be removed by the homeowner and the area will be restored to its original condition. Should the homeowner fail to comply, the work will be contracted out and billed to the homeowner. Bills not paid are subject to lien.
    2. In addition, the Board of Directors may also assess fines of not less than $10.00 per day or more than $50.00 per day for non-compliance of Board requests to have non-approved modifications restored to their original condition.

    B-15. BULLETIN BOARDS Bulletin boards at the recreation area may be used only for Association-related activity, publicity, or such community services as are approved by the Board for publicity.

    B-16. BUSINESS ACTIVITIES No business activities except a home office of any kind are to be conducted in any unit or on any portion of the common areas which promotes increased vehicle/pedestrian traffic. This includes garage sales.

    B- 17. GOLF COURSE The golf course property is private property for use by the Members of the Club. Non-Member entry is not allowed. Residents are responsible for any damage to the golf course property caused by them or their guests. Residents should be aware and notify their guests of the possibility of golf balls intruding into the Community at various times.

C. SWIMMING POOL - PATIO AREAS

    C-1

    1. It is the responsibility of each resident to accompany any guests to the pool- patio areas.
    2. The number of guests should be limited so that other residents may have reasonable use of the pool-patio facilities at all times.

    C-2

    1. The pool-patio areas are initially open between the hours of:
      6:00 a.m. - 10:00 p.m. on weekdays and Saturdays 8:00 a.m. - 10:00 p.m. on Sundays and holidays
    2. An exception is made to these hours for very quiet, health-type swim or spa use.

    C-3. Children under 14 may use the pool-patio areas only during the hours of 10:00 A.M. to 8:00 P.M. and must be accompanied by an adult.

    C-4. Radios, record players and other audio devices are not permitted in the pool-patio areas, unless they are used with earphones.

    C-5.

a) Usual and customary swimming attire is required.
b) All bobby and hair pins must be removed before entering the pools.
c) Dry footwear shall be worn

    C-6.

    1. Diving, splashing, ball playing, tag games, cannon-balling, running or boisterous play of any kind are not permitted in the pool-patio areas. The pools are closed during maintenance services. Patio furniture shall always be returned to the original location and adjustment.

    C-7. Unbreakable containers only are permitted in the pool-patio areas and must be removed following use. NO GLASS CONTAINERS. NO ALCOHOLIC BEVERAGES MAY BE CONSUMED AT THE CABANA AND POOL AREA OR IN OTHER COMMON

THE OWNERS, THE ASSOCIATION AND MANAGEMENT ARE NOT RESPONSIBLE FOR ACCIDENTS OR INJURIES.

HOMEOWNERS ARE RESPONSIBLE FOR THE ACTIONS OF THEIR TENANTS AND GUESTS.

IT IS EVERY RESIDENT'S RESPONSIBILITY TO OBEY THESE RULES.

PERSONS WHO REPEATEDLY VIOLATE RULES MAY LOSE THEIR POOL/SPA PRIVILEGES.

REMEMBER THE POOL/SPA IS FOR THE ENJOYMENT OF ALL RIVIERA AT SILVER CREEK VALLEY COUNTRY CLUB HOMEOWNERS ASSOCIATION RESIDENTS AND THEIR GUESTS.

 

D. ENFORCEMENT

Fines: To insure compliance with the above mentioned guidelines, Homeowners may be fined not less than $10.00 or more than $50.00 per occurrence or continuation of violations. Fine amounts are to be set by the Board of Directors based on the merits of each violation.

Due Process Requirements. Before the Board imposes any monetary penalties or suspension of membership rights or Common Area use privileges against any member for failure to comply with the Declaration, these Bylaws or the Association Rules, the Board must act in good faith and satisfy each of the following requirements:

    1. The member must be given 15 days prior notice of the discipline to be imposed and the reasons for the imposition of the discipline. Notice may be given by any method reasonable calculated to give actual notice. If the notice is given by mail, it must be sent by first class or registered mail to the last address of the member as shown on the Association's records.
    2. The member must be given an opportunity to be heard, orally or in writing, by the Board not less than five days before the effective date of the imposition of the discipline. Members shall have the opportunity to present witnesses on the member's behalf and to question any witnesses that may testify against the member.

 

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