SILVER CREEK VALLEY COUNTRY CLUB HOMEOWNERS ASSOCIATION
GENERAL RULES AND REGULATIONS
EFFECTIVE OCTOBER 15, 1992

A. PREAMBLE

A-1. The authority for the Board of Directors to form and enforce rules and regulations is provided by the Declaration of Covenants, Conditions and Restrictions under Article VII, Section 7.4. A copy of this Declaration was given to each owner at the time of purchase of their lot.

A-2. The Board of Directors has or will create a Rules and Regulations Advisory Committee. The duty of this committee is to advise the Board of Directors regarding the Rules, the By-laws and the Declaration of Covenants, Conditions and Restrictions.

A-3. The Manager of the Silver Creek Valley Country Club 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 By-laws 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, if necessary.
    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 an effort to contact their parents immediately, prior to making the action called for in (b), and (d) above.

A4. The Rules as contained herein are issued by the Board of Directors. They are supplemental to the conditions of ownership in the Declaration of Covenants, Conditions and 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 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 lot or unit at the Silver Creek Valley Country Club Community.
    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 Silver Creek Valley Country Club.
    3. Owners leasing their home retain their voting right in the Association but assign the ase of all common facilities of the project to the lessee of their home. 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 he for a term of not less than 30 days and be subject to the CC&R'S, Bylaws and adopted rules.

B-2. GUESTS

    1. Guests must be accompanied by a host or hostess resident of the Association when using the common areas 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.

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.

B4. 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. EXTERIOR APPEARANCE/SIGNAGE

    1. Signs, advertising or other devices, or miscellaneous paraphernalia shall not be exposed or attached in any fashion to or on windows, fences and exterior walls or any other areas of buildings or grounds, unless written approval has been obtained from the Board of Directors. NO VENDOR ADVERTISING SIGNS ARE PERMITTED.
    2. One sign of reasonable dimensions advertising the home for sale or rent may be displayed in the window of a home, yard area or other areas designated by the Association. Only approved signage specifications may be utilized.
    3. In order to maintain the uniform aesthetic attractiveness of the Association,
      residents are requested to ensure that all window treatments visible from the outside are neutral or lined with a neutral backing.

B-6. COMMON AREA SYSTEMS Common area, time clocks and lighting systems are to be adjusted and/or set by authorized personnel only.

B-7 PARKING

    1. Please refer to the adopted Driveway Parking Enforcement Policy included in this Owners Manual.
    2. Garages are solely to be used for the parking and storage of cars, boats or similar vehicles. They are not to be used or converted for any type of living or recreational activities. Garages shall be kept clear so as to permit parking of the number of vehicles for which the garage was designed.
    3. Garage doors must remain closed except for entering/exiting and when the garage is in use and attended.
    4. Residents must keep the driveways clean of any oil or other stains at all times.
    5. No parking is permitted on any private street in the Community. Residents may request a variance to this rule for their guests for a specific event by notifying the Board or Management Company in advance in writing. Guest parking for the specific event is subject to limitations as determined by the Board so as not to interfere with the rights of other members.

B-8. ANTENNAS No outside radio aerials, television aerials, microwave or satellite dishes, or connections shall be installed, erected or constructed on any separate interest or any common area.

B-9. PETS Two normal and customary uncaged household pets may be maintained within a home and owners of lots greater than one-half acre may keep four customary pets under the following conditions:

    1. Whenever pets are outside of the resident's lot, 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 personal injury or property damage caused by their pets.
    4. Pets emitting excessive noise, or in any manner unduly disturbing other residents, may be prohibited by order of the Board of Directors after notice and a hearing.
    5. Guests are not allowed to bring pets onto Association common landscaping areas.
    6. No animals shall be maintained for any commercial purposes.
    7. Horses are not permitted anywhere in the Community.

B-10. SPEED LIMIT The maximum speed limit within the confines of Silver Creek Valley Country Club is 25 miles per hour.

B-11. BUSINESS ACTIVITIES No business activities of any kind are to be established, maintained, permitted or conducted in any home or on any portion of the common areas. This includes garage sales.

B-12. ARCHITECTURAL CONTROL

    1. The Architectural Committee has developed "Architectural Standards Design Guidelines" and procedures concerning exterior changes to your home and improvements to your lot. These guidelines conform with the CC&R'S of our Association. The purpose of these guidelines is to provide the required information and forms regarding any exterior changes and modifications of the home so the Committee may render its decision.

      Please send all applications for approval to THE MANAGEMENT

      COMPANY at:
    2. VIERRAMOORE, INC.
      124-G Blossom Hill Road
      San Jose, CA 95123

    3. Each homeowner shall commence installation of permanent landscaping within all portions of their lot within 180 days of close of escrow or the issuance of a Certificate of Occupancy and shall complete the installation within one year of the escrow closing. All landscape plans must be approved by the Architectural Review Committee.

    4. When applying for approval, please send as much information as you can and
      include the following specific items:

      1. Completed Homeowner ARC Application Form (A-9)
      2. Exact location: use a scale drawing if applicable.
      3. State color, size, composition and description.
      4. Photo, sketch, copy of an advertisement or facsimile.
      5. Contractor's name or company making the item etc.
      6. Three sets of plans.
      7. A check for the review fee


      Please refer to the procedures outline and application forms included in this Owners Manual Please remember that you must get approval BEFORE making any changes or additions.

    1. Alterations, additions or modifications made to your lot or the exterior surfaces of your home must have prior written approval from the Architectural Committee or the Board of Directors. This includes
      landscaping, solar energy systems, fences, walls, sun screens, bamboo blinds,
      decks, lattices, pools, spas, color changes, sheds, any sports apparatus, etc.
    2. Any alterations that do not have prior written approval by the Committee or
      Board of Directors will be removed by the homeowner and the area will be
      restored to its original condition. Should the homeowner fail to comply, the
      Association will pursue its legal remedies including, but not limited to having the alteration removed at the owner's expense.
    3. 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 alterations restored to their original condition.

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

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

PERSONS WHO REPEATEDLY VIOLATE RULES MAY LOSE THEIR PRIVILEGES.

REMEMBER, THE COMMON AREAS ARE FOR THE ENJOYMENT OF ALL SILVER CREEK VALLEY COUNTRY CLUB HOMEOWNERS ASSOCIATION RESIDENTS AND OWNERS.

C. ENFORCEMENT

Fines: To ensure compliance with the above mentioned rules, Owners may be fined not less than $10.00 nor 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, the 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 written notice specifying the nature of the
    damage or violation and stating the time, date and place that the member will have
    an opportunity to be heard. Notice may be delivered personally or by mail. 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 will be given an oppommity to be heard, orally or in writing, by the
    Board. Members shall have the opportumty to present witnesses on the member's
    behalf and to cross-examine any witnesses that may testify against the member.
    After the hearing, the Board shall determine whether owner damage or a violation
    has occurred and, if so, may impose a "Reimbursement Assessment" which shall
    become effective not less than five (5) days after the date of the hearing or the Board
    may take such other action as may be appropriate.

 

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