This Amended Declaration of Covenants, Conditions and Restrictions is made on the date hereinafter set forth by West Almanor Community Club, a California nonprofit mutual benefit corporation (hereinafter referred to as the “Association” or WACC).

RECITALS

Will be done after the CC&Rs

ARTICLE 1 DEFINITIONS

1.1 Additional Charges. “Additional Charges” shall mean all costs, fees, charges and

expenditures, including without limitation, interest, late charges, attorneys’ fees,

recording and filing fees, and all other costs actually incurred by the Association in

collecting and/or enforcing payment of Assessments, fines, and/or penalties.

If the Board proposes and adopts a fine schedule, it must be voted on by the community and must be approved by the majority of the total voting membership.

1.2 Architectural Committee. “Architectural Committee” shall mean the Committee

created pursuant to Article 8 of this Declaration and Article 10 of the Bylaws.

(formerly was 1.3)

1.3 Articles. “Articles” shall mean the Articles of Incorporation of West Almanor

Community Club, as they may be amended from time to time, and as filed with the

Office of the Secretary of State of California. (formerly was 1.4)

1.4 Assessments. “Assessments shall mean any or all of the following: Annual Assessments, Special Assessments, Reimbursements Assessments, and Enforcement Assessments. See Article 5.(This was formerly labeled 1.5)

Committee is unclear what an enforcement assessment means. Does it mean court

costs when a judgment is made by say, small claims court? Or is it another word for

fine? Is the term enforcement assessment a current term and what benefit is it to the

HOA. Is it the same as fines, and if so, please provide a definition.

1.5 Association. “Association” shall mean West Almanor Community Club (WACC), its

successors and assigns. (Formerly was 1.6)

1.6 Board of Directors. “Board of Directors” or “Board” shall mean the governing body

of the Association. (Formerly was 1.7)

1.7 Bylaws. “Bylaws” shall mean the bylaws of the Association as they shall be

adopted by the Board of Directors and Members and any duly-adopted

amendments thereof. (Formerly was 1.8)

Committee wondered if it would be appropriate to include wording involving amendments that were made by the Board, after consulting legal counsel, due to changes in law.

1.8 Capital Improvement. “Capital Improvement” shall mean the original construction or acquisition of an improvement that did not previously exist, as distinguished from the repair, upgrading or replacement of an existing improvement. See Section 4.9.

(This was formerly 1.9)

1.9 Common Area. “Common Area” shall mean all real property owned by the

Association for the common use and enjoyment of the Owners and Residents of

the Development, including but not necessarily limited to those parcels shown as

being owned by West Almanor Community Club and specifically listed in Exhibit B.

(This was formerly 1.10)

1.10 Contract Purchaser/Contract Seller. “Contract Purchaser” and “Contract Seller”

shall mean the purchaser and the seller, respectively, under an installment land

contract in which title to the property is transferred after the final installment

payment is made. (This was formerly 1.11)

1.11 Declaration. “Declaration shall mean this Amended Declaration of Covenants,

Conditions and Restrictions of West Almanor Community Club, recorded in the

Office of the County Recorder of Plumas County, California, and any amendments

thereof. (Formerly was 1.12)

1.12 Development. “Development” shall mean all the real property as shown on the

map and described in Exhibit C comprising West Almanor Community Club,

including such additions thereto as may hereafter be brought within the jurisdiction

of the Association.

1.13 Governing Documents. “Governing Documents” shall mean the Articles, Bylaws,

Declaration and Operating Rules, and the policies and resolutions duly adopted by

the Board and distributed to the Members.

Committee wanted to use same language in both CC&Rs and Bylaws. (formerly was 1.15)

1.14Lot. (formerly 1.16) Is a lot dirt only or does it mean dirt plus residence?

Current language is as follows:

“Lot” shall mean the numbered plots of land shown upon the recorded

subdivision map of Lake Almanor West. The rest of the language was sticken as

there are no more remaining lands. ~~s of Lake Almanor West Units No. 1, No. 2,~~

~~No. 3, No.4 and No. 5, and Top of the West Units No. 1, No. 2, and No. 3, and~~

~~any recorded subdivision map of all or any portion of the Remaining Lands, and~~

~~the numbered condominium units shown upon the recorded Condominium Plan~~

~~for West Almanor Heights, Unit No. 1 or any recorded condominium plan of all or~~

~~any portion of the Remaining Lands.~~ The total number of Lots in the

Development shall not exceed ~~eight hundred (800)~~ seven hundred twenty (720).

No Lot may be divided into two or more lots or parcels, subdivided, merged,

resubdivided, or split. Without limiting the generality of the preceding sentence,

the use of more than one Lot as the site for a single Residence shall not be

deemed a merger of the Lots involved and shall not affect the Owner’s obligation

to pay Assessments with respect to all of the Lots involved.

1.15 Maintenance. “Maintenance” shall mean the act of caring for property,

including existing improvements, and keeping it in ~~its existing state,~~ good repair,

preserving it from failure or deterioration, including but not limited to painting,

caulking, cleaning, minor non-structural upkeep, removing debris and dry or

dead vegetation from Lots, and trimming trees.

1.16 Member. “Member” shall mean an Owner. (formerly 1.18)

1.17 Member in Good Standing. “Member in Good Standing” shall mean a Member

of the Association who is current in the payment of all ~~dues~~, assessments, fines,

penalties, and other charges imposed in accordance with the Governing

Documents, and who is in compliance with all of the provisions of the Governing

Documents, as more particularly set forth in the Bylaws.

Can dues be deleted? If not, what is the definition of dues. Are dues assessments?

1.18 Mobile Home. This will be the Plumas County definition of mobile home.

Sec. 9-2.260.5. Manufactured home.

"Manufactured home" shall mean a structure, transportable in one or more

sections, which, in the traveling mode, is eight (8) body feet or more in width, or

forty (40) body feet or more in length, or when erected on site, is 320 or more

square feet, and which is built on a permanent chassis and designed to be used

as a dwelling with or without a permanent foundation when connected to the

required utilities,and includes the plumbing, heating, air conditioning, and

electrical systems contained therein; except that such term shall include any

structure which meets all the requirements of this paragraph except the size

requirements and with respect to which the manufacturer voluntarily files a

certification and complies with the standards established under the Mobilehomes-

Manufactured Housing Act of 1980. "Manufactured home" includes a mobilehome

subject to the National Housing Act of 1980. "Manufactured home" includes a

mobilehome subject to the National Housing Act of 1980. "Manufactured home"

includes a mobilehome subject to the National Manufactured Housing

Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.)

(Ord. 99-924, eff. November 11, 1999)

1.19 Operating Rule. This will be the same definition as used in the Bylaws .

1.20 Owner. “Owner” shall mean the record owner, whether one or more persons or

entities, of the fee simple title to any Lot which is part of the Development,

including Contract Sellers, but excluding Contract Purchasers and excluding

those having such interest merely as security for the performance of an

obligation.

1.21Recreational Vehicle. This will be the Plumas County definition of recreational

vehicle.

Sec. 9-2.279.01. Recreational vehicle.

"Recreational vehicle" shall mean either of the following:

(a) A motor home, travel trailer, truck camper, or camping trailer, with or

without motive power, designed for human habitation for recreational,

emergency, or other occupancy, which meets all of the following criteria:

(1) It contains less than 320 square feet of internal living room area,

excluding built-in equipment, including, but not limited to, wardrobe,

closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;

(2) It contains 400 square feet or less of gross area measured at

maximum horizontal projections;

(3) It is built on a single chassis;

(4) It is either self-propelled, truck-mounted, or permanently towable on

the highways without a permit.

(b) A park trailer designed for human habitation for recreational or seasonal

use only, which meets all of the following criteria;

(1) It contains 400 square feet or less of gross floor area measured at the

maximum horizontal projections. However, it may not exceed twelve (12')

feet in width or forty (40') feet in length in the traveling mode;

(2) It is built on a single chassis;

(3) It may only be transported upon the public highways with a permit.

(§ 1, Ord. 99-924, eff. November 11, 1999)

1.22 Repair. “Repair” shall mean the minor restoration of property that is torn, broken

or otherwise damaged, or has sustained wear, tear, or deterioration such that

minor restoration is necessary.

1.23 Replacement. “Replacement” shall mean substantial reconstruction, restoration,

or substitution of the whole or a substantial part of property that has been

damaged or destroyed through usage or through hazard or catastrophe such that

it is no longer useable or serviceable in its current condition.

1.24 Residence. “Residence” shall mean a residential structure located upon a Lot

which is designed for human residential use and occupancy and shall include

condominiums.

1.25 Resident. “Resident” shall mean any person who resides on a Lot within the

Development whether or not such person is an Owner as defined in Section 1.21

above.

1.26 Rule: to be same definition as in bylaws

1.27 Subdivision Map(s). Subdivision Map shall be Exhibit B and Exhibit C.

1.28 Single Family Residence. Is this definition necessary? Please find a clear and

concise definition for this if it is necessary. Our intent is to not allow separate

living units family members on the lots. Please review.

1.29 Tenant, Renter, Leasee. “Tenant” shall mean one who pays rent to live in a

residence, but is not a Member in WACC. “Renter” shall mean a short term

tenant. “Leasee” shall mean a long term (1year or more) tenant.

1.30 Total Voting Power. “Total Voting Power” shall mean the number of votes

eligible to be cast at any time, calculated on the basis of one vote for each Lot,

excluding any Lot as to which an Owner is not then a Member in Good Standing.

1.31 Trailer. “Trailer” shall mean a licensed vehicle (not RV) that is towed; it may be a

cargo or covered trailer, or an open trailer, such as a boat trailer or a utility trailer.

ARTICLE 2 PROPERTY RIGHTS AND RIGHTS OF ENJOYMENT

2.1 No Partition. There shall be no judicial partition of the Development or any part

thereof, nor shall any Owner or any person acquiring any interest in the

Development or any part thereof seek any judicial partition thereof’; provided,

however, that if any Lot shall be owned by two or more co-tenants as tenants in

common or as joint tenants, nothing herein contained shall be deemed to prevent a

judicial partition by sale as between such co-tenants.

Is there a conflict between the above terms (tenant and co-tenant) and our definition of tenant?

2.2 Common Area. Subject to the provisions of the Declaration, the Common Area

shall be held, maintained, and used to meet the common interests of the Members

of the Association, and their families, tenants, resident Contract Purchasers, and

guests as provided in the Governing Documents, and there shall be no use of the

Common Area except by such persons.

2.3 Owners Non-Exclusive Easements of Enjoyment. Every Owner of a Lot shall have

a non-exclusive easement of use of and enjoyment in, to, and throughout the

Common Area of the Development. Each such non-exclusive easement shall be

appurtenant to and pass with the title to every Lot, subject to the following rights

and restrictions.

(a) The right of the Board of Directors to establish and enforce reasonable rules

and regulations governing the use of the Common Area and facilities

thereon; should rules be replaced with operating rules?

(b) The right of the Board to charge reasonable admission and other fees for

the use of any facilities situated upon the Common Area;

facilities for any period during which any Assessment against such Owner’s

Lot remains unpaid and/or ~~for infraction of the Governing Documents; or~~

the Owner is designated not a member in good standing.

(d) The right of the Association, subject to approval of the Members as set forth

in Section 4.10, to dedicate or transfer all or any part of the Common Area;

(e) The right of the Association to mortgage, pledge, encumber, or otherwise

hypothecate the Common Area and facilities thereon as security for money

borrowed by the Association subject to the restrictions and limitations set

forth in the Bylaws; and

(f) The right of the Association or its authorized agents, as provided in this

Declaration, to perform its obligations under this Declaration, including

obligations with respect to construction, maintenance, repair, or

replacement for the benefit of the Common Area or the Owners in common;

2.4 Delegation of Use. Any owner may delegate his rights of use and enjoyment,

including easements, in the Development to the members of his family, tenants,

Contract Purchasers, guests and invitees, subject to the terms of the Governing

Documents. Upon the leasing or renting of a Lot, or upon occupancy of a Lot by a

Contract Purchaser, the Owner shall be deemed to have delegated and assigned

all such rights exclusively to the tenants or Contract Purchasers of such Lot. ~~Each~~

~~Owner shall notify the Association office of the names of any tenants or Contract~~

~~Purchasers of such Owner’s Lot.~~ Each Owner, tenant or Contract Purchaser shall

~~also~~ notify the Association office of the names of all members of his or her

household to whom such Owner, tenant, or Contract Purchaser has delegated any

rights of enjoyment in the Development as provided herein and the relationship

which each such person bears to such Owner, tenant, or Contract Purchaser. Any

rights of enjoyment delegated pursuant to this Section 2.4 are subject to

suspension to the same extent that rights of Owners are subject to suspension as

provided in the Governing Documents.

Please review.

2.5 Common Area Construction. Except as may be authorized by the Board, no

person or entity, other than the Association or its duly-authorized agents, shall

construct, reconstruct, refinish, alter, or maintain any improvement upon the

Common Area, or shall make or create any excavation or fill upon the Common

Area, or shall change the natural or existing drainage of the Common Area, or

shall plant, remove, or destroy any seed, plant, material, tree, shrub, or other

vegetation upon the Common Area.

2.6 Mechanic’s Liens. No Owner shall permit or take any action that results in the

filing of a Mechanic’s Lien against the Common Area for, or purporting to be for,

labor or materials alleged to have been furnished or delivered for any Owner

within the Development or his or her Lot. In the event there shall be filed against

the Common Area a Notice of Mechanic’s Lien, such Owner shall forthwith cause

such lien to be discharged by the payment, bond, or otherwise. If the Owner fails

to cause the lien to be discharged, the Board may send written notice to the

Owner specifying that unless the Owner causes the lien to be discharged within

five (5) business days from the date of such notice, the Board may cause the lien

to be discharged. Within such five (5) business day period, the Owner shall be

permitted a hearing before the Board regarding the validity of such lien and any

offsets or defenses thereto. At that time, the Board shall determine whether the

lien adversely and improperly affects and encumbers the rights and interests of

the Association or the other Owners. If the Board of Directors determines that the

lien does adversely and improperly affect and encumber such rights and interests

and that adequate protection of such rights and interest has not been provided,

the Board may cause the lien to be discharged by payment, bond, or otherwise.

The Board shall have the right to levy a Reimbursement Assessment against the

Owner responsible for causing the lien to be discharged in an amount equal to all

amounts paid by the Association together with interest thereon at the legal rate

and all costs and expenses paid or incurred in connection therewith, including

reasonable attorneys’ fees.

ARTICLE 3 USE RESTRICTIONS

3.1 (formerly 9.2—is this the best place for this matter or should it stay in article 9?)

Violation of Law. Any violation of a state, municipal or local law, ordinance or regulation pertaining to the ownership, occupancy, or use of any property within the Development is hereby declared to be violation of this Declaration and subject to any and all of the enforcement procedures set forth ~~herein~~ in Article 9.

3.2 Residential Use. Residences shall be occupied and used primarily, subject to

limitations as in 3.4, for residential purposes only. Only facilities that comply with

all applicable code requirements for human occupancy shall be used as sleeping

rooms or human living space. The number of occupants of a Residence shall not

exceed the number permitted by Plumas County ordinance or other applicable law.

3.3 Rental of Lots. Subject to the provisions of the Governing Documents and this

Section 3.2, an Owner shall have the right to lease or rent his or her

Residence, provided (i) the Owner notifies the Board of the name of the tenant and

the duration of the ~~lease~~ agreement, and other items in accordance with Section

2.4, (ii) there is a written rental or lease agreement which expressly provides that

the agreement is subject to the provisions of the Governing Documents of the

Association and that the breach of any provision of the Governing Documents shall

constitute a default under the ~~lease~~ agreement, and (iii) no garage, cottage, “in-law

unit”, accessory building, or similar improvement is rented, leased, or hired for

occupancy by anyone who does not have the right of possession of the entirety of

the principal building on the Lot. The foregoing provisos shall not be deemed to

prohibit an Owner from renting space in a garage ~~or other storage building~~ to

others for the storage of boats or other vehicles.

3.3.1 Owner’s Responsibility for Tenant’s Actions. Each Owner leasing or

renting a Residence shall be strictly responsible and liable to the

Association for the actions of such Owner’s tenant(s) in or about all Lots

and Common Area and for each tenant’s compliance with the provisions of

all Association Governing Documents. An Owner leasing or renting a

Residence shall provide the tenant(s) with copies of the Governing

Documents and all subsequent amendments.

Tenant includes leasees and renters.

3.3.2 Association’s Enforcement Rights. In the event a tenant’s conduct involves

damage or misuse of any Common Area or facilities on any Common Area

or constitutes an unreasonable nuisance to Residents, the Association shall

be entitled to, but shall not be obligated to, maintain an eviction action

against such tenant to the same extent as the Owner of the Lot, the

Association being deemed to be a third party beneficiary of any lease or

rental agreement involving any Lot within the Development. The

Association’s right to maintain an eviction action shall arise only in the

event that (i) the Association has given notice to the Owner detailing the

nature of the infraction and the Owner has had a reasonable opportunity to

take corrective action or to appear before the Board to present arguments

as to why eviction by the Association is not necessary, and (ii) the Owner

has not taken action to prevent and/or correct the actions of the tenant

giving rise to the damage or nuisance.

3.3.3 Indemnification of Association. Every Owner of a Lot that is occupied by

persons other than the Owner pursuant to a lease or otherwise, agrees to

and shall indemnify and defend the Association, its officers, directors, and

agents and shall hold them harmless from any cost, loss, claim, or

damages of any kind, including but not limited to attorneys’ fees arising out

of the conduct or presence of the occupants of the Lot upon the

Development, including any such arising or alleged to have arisen out of

the enforcement or nonenforcement by the Association of the Governing

Documents against such occupants. Without limiting the generality of the

foregoing, all costs, including attorneys’ fees incurred by the Association to

enforce the Governing Documents against such occupants, including

eviction as provided herein, shall be reimbursed to the Association by the

Owner and may be assessed by the Association as a Reimbursement

Assessment.

3.4 Restriction on Business. No business of any kind shall be established, maintained, operated, permitted, or conducted upon any Lot except: (i) such occupations as may be permitted by applicable governmental ordinances, provided that there shall be no external evidence thereof including but not limited to permanent signs or business invitees or customers or (ii) facilities specifically authorized by statute.

Committee wishes legal to review 3.3 and add wording that would strengthen the

prohibition of business (heavy equipment visible, traffic, etc.) so that would be

enforceable.

3.5 Offensive Conduct, Nuisances, Noise. No noxious, harmful, or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to any Residents of the Development, or which shall in any way interfere with their use of the Common Area and facilities thereon or the use and enjoyment of their Lots or Residences. Without limiting any of the foregoing, no Resident shall permit noise, including but not limited to the barking of dogs, to emanate from the Resident’s Lot, which would unreasonably disturb another Resident’s enjoyment of his or her Lot or of the Common Area.

3.6 Hazards. Nothing shall be done, placed, or kept within the Development that will

increase the rate of insurance or result in the cancellation of insurance under any

insurance policy maintained by the Association, or which will be in violation of any

governmental statute, ordinance, rule, or regulation. No fireworks of any

description shall be permitted within the Development.

3.7 Use of Common Area. All use of Common Area is subject to the Governing

Documents. There shall be no obstruction of any part of the Common Area.

Nothing shall be stored in the Common Area without the prior consent of the

Board. No cutting of timber or removing of brush in the Common Areas shall be

permitted except with the prior written approval of the Architectural Committee or

the Board.

3.8 Hunting, Firearms. No hunting is permitted within the Development. No firearms

shall be discharged within the Development.

3.9 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or

kept on any Lot, except that dogs, cats, or other household pets may be kept but

not for any commercial purpose. Dogs must be kept on a leash except when on

the Owner’s Lot. Owners are responsible for cleaning up after their pets.

3.10 Garbage Disposal. The Development is in a mountainous, rural area where ~~bears~~

~~are~~ wildlife is commonly seen. To avoid attracting ~~bears and other animals,~~

wildlife, garbage and refuse shall be deposited only in covered sanitary containers.

No Owner or Resident shall permit or cause any garbage, trash, or other waste

or refuse to be kept upon any portion of any Lot or elsewhere in the Development,

except in such containers and containers shall not be left on the street for more

than two (2) days.

(a) 3.11 Signs. All signs must comply with Civil Code 1353.6 Sign Restrictions which state:

“The governing documents, including the operating rules, may not prohibit posting of displaying of noncommercial signs, posters, flags, or banners on or in an owner’s separate interest, except as required for the protection of public health or safety or if the posing or display would violate a local, state or federal law.

For purposes of this section, a noncommercial sign, poster, flag, or banner 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.

An association may prohibit noncommercial signs and posters that are more

than 9 square feet in size and noncommercial flags or banners that are more

than 15 square feet in size.”

No sign of any kind shall be displayed to the public view from any portion

of the Development except that this limitation shall not apply to:

(b) Such signs as may be required by legal proceedings;

(c) A single identification sign which has been approved by the Architectural Committee located on a Lot identifying ~~the number or address of the Lot~~ ~~and/or~~ the names of the occupants. Each residence must have an address number sign clearly visible from the street during all seasons;

(d) A single sign of size and design approved by the Board and reasonably located on a Lot advertising a Lot or home for sale or rent;

(e) Such signs as have been approved by the Board located at or near any entrance to the Development identifying the Development;

(f) Such signs as may be required for traffic control and regulation of streets or open areas within the Development;

(g) Such signs on the Common Area as may be approved by the Board for a purpose reasonably related to the affairs of the Association; and

The committee would like clarification on commercial signage.

3.12 Vehicles, Storage. No dilapidated, inoperable or abandoned vehicle, boat or

equipment of any kind shall be parked, kept, stored, or permitted to remain

anywhere within the Development except within an enclosed garage. No

servicing, rebuilding or repairs (except emergency repairs) of vehicles or

equipment of any kind shall be performed within the Development except within a

garage.

3.13 Overnight Parking. No trailer, ~~camper or similar~~ recreational vehicle, or vehicle

shall be parked overnight in any Common Area. The Resident of a Lot improved

with a Residence may store such operable vehicles upon the Lot. Commercial-

type RV pedestals or similar permanent hook-up facilities for ~~a motor home,~~

~~trailer, camper or similar~~ recreational vehicle equipped with sleeping facilities

shall be deemed a second residence on an improved Lot and are prohibited

pursuant to Section 3.18 once a certificate of occupancy has been issued for a

Residence constructed on the Lot pursuant to Section 3.16.

3.14 Parking Enforcement. The Board shall have the power and authority to adopt,

promulgate, and enforce parking rules and the power to impose fines and other

sanctions for violations of the provisions of the Governing Documents relating to

vehicles and parking. Such power shall include the power and authority to cause

the towing, at the vehicle owner’s expense, of vehicles which are parked in

Common Area in violation of any of the provisions of the Governing documents,

provided that the towing of vehicles of guests and other non-Residents of the

Development shall be subject to the provisions of applicable law. Costs incurred

by the Association relating to the towing and/or storage of any vehicle parked in

the Common Area in violation of any provision of the Governing Documents shall

be assessed against the Lot Owner responsible or whose household members,

tenants, Contract Purchasers, or guests are responsible for the presence of such

vehicle, as a Reimbursement Assessment.

Note: fines may or may not be approved. Word would be removed if fines are not

approved.

3.15 Construction, Storage of Building Materials. No work of construction, including

fencing, no expansion, and no material exterior alteration of any structure on any

Lot may be commenced until the plans therefore have been submitted to and

approved by the Architectural Committee, as provided in Article 8. No portion of

the Development shall be used for the storage of building materials other than in

connection with approved construction and then only on the lot involved with the

construction.

3.16 Other Structures of Any Kind. No outbuilding, tent, shack, shed or temporary

building of any kind shall be located within the Development, except temporarily

and in strict compliance with the provisions of this Declaration, including Section

3.13 concerning overnight parking and Article 8 concerning approval by the

Architectural Committee. No such recreational vehicle, vehicle, or structure or

any garage shall be used as a residence or for residential purposes, except that

a recreational vehicle may be used for temporary occupancy on a Lot for a

reasonable period of time during the ~~original~~ construction of the residence on a

the Lot. ~~or during reconstruction~~ ~~after the substantially total destruction of the~~

~~residence.~~ For purposes of this Section 3.16, two summer seasons, but not

longer than twenty-four (24) months, shall be deemed a reasonable period of

time.

3.17 Building Standards. Unless specific authorization is received from the

Association, only new materials shall be used. Finish building materials shall be

applied to all sides of buildings, ~~out buildings~~, garages or other structures within

the Development. Exterior walls below floor level shall be enclosed unless the

foundation structure is designed especially for architectural appearance and so

approved by the Architectural Committee or the Board. The effects of a material

to be used on a building and its design shall be considered in relationship to all

other buildings in the Development and the natural landscape. ~~Compatibility and~~

~~scale with other buildings and the environment within the Development shall be~~

~~major factors in the review of building plans and specifications by the~~

~~Architectural Committee or the Board.~~ All construction, including but not limited

to plumbing and sewage facilities, shall conform to Plumas County Codes and

Regulations in addition to the provisions of the Architectural Policy as it may be

modified by the Board from time to time.

Should wording be added stating we in no way confirm or guarantee assumed

view preservation. This wording is currently in Policy 60. Do we need to have it

here as well.

3.18 Building Specifications. No buildings other than one (1) single-family residence

and one (1) garage may be constructed or permitted to remain on any Lot. The

garage shall be built only in conjunction with or after construction of the

residence. The main floor of a multiple-story residence must contain at least

eight hundred (800) square feet of living area and a single-story residence shall

contain at least one thousand (1,000) square feet of living area. Construction

materials must recognize the special need for fire safety within the Development.

Roofing materials shall be fire resistant (“Class A”). No metallic roofing or siding

shall be permitted except as expressly approved by the Architectural Committee

or the Board. Fences and boundary walls of any kind are discouraged.

Architectural approval pursuant to Article 8 must be obtained before any fence or

boundary wall~~, or hedge~~ is installed or constructed. No fences shall be permitted

on the golf course boundary lines or anywhere on the golf-course side of a Lot

(including on the side Lot lines) where the fence is visible from the fairway. No

fences~~, hedges,~~ or boundary walls shall be constructed ~~or permitted to grow~~

more than six feet (6’) in height. No mobile home shall be permitted to be

parked, placed, or kept on any Lot at any time. No modular housing unit or

prefabricated housing unit assembled off the building site shall be permitted

unless the Architectural Committee or the Board shall find that the same will not

detract from the character and appearance of the neighborhood or be detrimental

to any Lot.

Committee wasn’t sure if prohibiting mobile homes and limiting manufactured homes was legal to do under Davis Stirling. Please clarify language as needed.

3.19 Building Location. Except for projecting eaves not exceeding twenty-four

inches(24 “) or upon the express prior approval of the Architectural Committee or

the Board, no structure shall be located closer than fifteen feet (15’) to the side

property line or fifteen feet (15’) to the back property line except that the rear

setback for Lots abutting a golf course shall be twenty feet (20’) within Unit 1 and

fifty feet (50’) in other Units. Front setback requirements shall be fifteen feet (15’)

from the front property line or as set forth in the Architectural Policy. ~~The Board~~

~~shall have the authority to establish other setback requirements for any Lot, taking~~

~~into account aesthetics, compatibility with existing and future structures, and the~~

~~necessity to preserve the wooded and natural character of the Development.~~ If

this is stricken, does the Board still have the power to grant variances regarding

setbacks?

Setbacks will be measured from the most forward projection of the structure. If a

Lot and the whole or part of a contiguous Lot under common ownership is used

as a site for a Residence, then for purposes of determining setback requirements,

only the side and rear lines of the contiguous lots will be used. The interior

property lines shall be ignored for the purpose of setbacks. ~~site shall be deemed~~

~~to be the side and rear property lines as long as the Residence improvements~~

~~remain on the site.~~ Each Lot will be subject to assessment, notwithstanding that

more than one Lot is used as one building site.

3.20 Clearing of Trees. As required by Article 8.1, Owners must submit an application and obtain

written approval from the Architectural Committee prior to removing any tree or other plant

having a trunk diameter greater than six inches (6") at breast height (DBH). However, if the

Owner has received a letter from the Fire Department that a dead tree must be removed,

no application or approval is required.

Vegetation on developed Lots shall be spaced in accordance with defensible space guidelines

provided by the California Department of Forestry and Fire Protection (CalFire CA PRC 4291).

~~[Reference Public Resource Code 4291.]~~ ~~All Lots shall be kept in as natural condition as possible.~~

~~Before trees are removed from a Lot, the Owner shall obtain approval pursuant to Article 8.~~

Clearing of trees shall be limited to that ~~the~~ ~~minimum~~ required for tree health, safety and

approved residential use, including access. (See current Fire-wise Community documents.)

~~and shall not exceed clearing of more than sixty percent (60%) of the total Lot area unless~~

~~specifically approved in advance by the Architectural Committee or the Board.~~ ~~For~~

~~purposes of~~ ~~this Declaration~~ ~~of Article 8 approval, a tree shall mean any plant~~

having a trunk diameter greater than six inches (6”), where the diameter is

~~measured at chest height.~~ Trees ~~Not withstanding diameter, all trees~~ closer than

five feet (5’) from concrete footing and foundations must be removed, ~~but all~~

~~standing trees on the lot are to be preserved if possible.~~ All trees on Lots, whether

the Lot is developed or undeveloped and irrespective of whether the tree is ornamental or not,

shall be trimmed up, removing the lower one third (1/3) of the limbs on small trees and

removing any limb reaching to within six feet (6’) of the ground on trees that are eighteen

feet (18’) and taller. ~~up six feet~~ ~~(6’) from ground level. To prevent excess cutting, trees to be~~

~~preserved should be~~ ~~clearly tagged.~~ All dead combustible material ~~must~~ shall be removed from the

setback area and within ~~thirty (30’)~~ one hundred feet (100’) of any structure. All vegetation on

Lots, whether the Lot is developed or undeveloped, shall be maintained in a neat and

natural condition and shall be trimmed, cultivated, and managed to encourage healthy conditions.

The Committee recommends 3.20 be reviewed by Cal Fire and CDF.

ARTICLE 4 HOMEOWNERS ASSOCIATION

4.1 Management and Operation. The Association shall manage and operate the

Development in accordance with the applicable provisions of the Governing

Documents and the applicable provisions of California law including provisions of

law applicable to a nonprofit mutual benefit corporation and to a common interest

development. The Association shall have all of the powers set forth in the

Governing Documents together with the general power to do any and all things that

a nonprofit mutual benefit corporation may lawfully do under the laws of the Sate of

California, subject only to the limitations upon the exercise of such powers as are

expressly set forth in the Governing Documents.

4.2 Membership. Every Owner of a Lot within the Development shall be a Member of

the Association and shall remain a Member thereof until such time as his or her Lot

ownership ceases for any reason. Membership shall be appurtenant to and may

not be separated from ownership of a Lot and shall not be transferred,

encumbered, pledged, alienated, or otherwise hypothecated in any way, except in

connection with the sale or encumbrance of the Lot to which it is appurtenant.

4.3 Voting. Only Members in Good Standing shall be entitled to vote, and only one

vote shall be cast for each Lot, as more particularly set forth in the Bylaws.

4.4 Board of Directors. The affairs of the Association shall be managed by or under the direction of a Board of Directors. The number and qualifications of Directors shall be as established in the Bylaws, and the members of the Board shall be elected as provided in the Bylaws. The Board of Directors shall have all of the powers and duties set forth in any provision of the Governing Documents, including without limitation such powers and duties as may be expressly set forth in this Declaration.

4.5 Association Rules. The Board of Directors shall have the power and the authority

to establish, promulgate, amend, repeal and enforce such Operating Rules as the

Board deems necessary for the management and operation of the Development

and the conduct of business and affairs of the Association consistent with the

Governing Documents or applicable law.

4.6 Manager and Other Personnel. The Board of Directors shall have the power and

authority to employ a manager and such other persons or entities as the Board

shall deem appropriate to assist it in managing the Development and conducting

the business and affairs of the Association, as more particularly set forth in the

Bylaws.

4.7 Assessments. The Board shall have the power and duty to levy and collect

Assessments, as more particularly set forth in Article 5 of this Amended Declaration.

Do we have to say Amended Declaration or is Declaration OK?

4.8 Insurance. The Board shall procure and maintain liability insurance and property

insurance as it shall deem proper and as more particularly set forth in the Bylaws.

4.9 Capital Improvement. The Board of Directors shall have the power and authority to

provide for the original construction, installation, or acquisition of Capital

Improvements upon the Common Area, provided that in any fiscal year expenditures

for Capital Improvements shall not exceed ten percent (10%) of the budgeted gross

expenses of the Association for that fiscal year except upon the approval of at least

a majority of the Members voting provided the number of votes cast is sufficient to

constitute a quorum.

4.10 Dedication. The Board of Directors shall have the power and authority to dedicate,

sell, mortgage, grant easements in, on, under, across, over, above or through any

portion of the Common Area, or transfer any interest in or to all or any part of the

Common Area to any person or entity, including, without limitation, any public

agency, authority, or utility, to be used for such purposes and subject to such

conditions as the Board shall deem necessary, appropriate, or beneficial to the

Association and not inconsistent with its purposes and interests; provided, however,

that no such dedication, sale, or transfer shall be effective unless the terms of such

dedication, sale, or transfer have been approved by at least a majority of the Total

Voting Power of the Association and provided further that exclusive easements

over Common Area shall not be granted to any Member.

4.11 Acquisition of Property. The Board acting on behalf of the Association shall have

the power to acquire (by gift, purchase, or otherwise), own, hold, improve, build

upon, operate, and maintain real or personal property in connection with the affairs

of the Association.

4.12 Access. The Board and its duly authorized agents or representatives shall have the

right, after reasonable notice to the Owner thereof, to enter any Lot for the purpose

of performing the maintenance authorized herein or for any other purpose

reasonably related to the performance by the Association or the Board of their

responsibilities.

Does this mean the Board can enter a completed/uncompleted residence?

ARTICLE 5 ASSESSMENTS AND LIENS

5.1 Covenant of Owner. Each Owner of a Lot within the Development, by acceptance

of a deed or other conveyance thereof, whether or not it shall be so expressed in

such deed or conveyance, shall be deemed to have covenanted and agreed to pay

the Association: (i) Annual Assessments, (ii) Special Assessments, (iii)

Reimbursement Assessments, and (iv) Enforcement Assessments levied by the

Association as hereinafter provided, together with all Additional Charges. With

respect to Lots created by the recording of a subdivision map or condominium plan

for any portion of the ~~Remaining Lands~~, Common Area, the obligation to pay

Assessments for all Lots created by such map or plan shall accrue upon the transfer

by deed or other conveyance of the first such Lot.

Such deed or conveyance shall be deemed to vest in the Association the right and

power to initiate all actions and procedures as the board shall deem necessary or

appropriate for the collection of such Assessments and Additional Charges and for

the enforcement of the liens hereinafter provided for. Each Assessment levied by

the Association under this Article 5, together with all Additional Charges, shall be a

separate, distinct, and personal debt and obligation of the Owner against whom it is

assessed, and shall bind his or her heirs, devisees, personal representatives,

successors, and assigns. Such obligation to pay Assessments and Additional

Charges and the right and power of the Association to initiate all actions and

procedures for collection shall run with the land, so that each successive Owner or

Owners of record of any Lot within the Development, shall, in turn, become liable to

pay all such Assessments and Additional Charges assessed during the time he or

she is record Owner of such Lot. After an Owner transfers of record any Lot he or

she owns, he or she shall not be liable for any Assessments levied thereafter with

respect to such Lot. Such Owner shall remain personally liable, however, for all

unpaid amounts due and owing at the time of transfer, together with Additional

Charges accruing until time of collection. A Contract Seller of any Lot shall continue

to be liable for all Assessments and Additional Charges until a conveyance by deed

of such Lot is recorded in the Office of the County Recorder of Plumas County.

5.2 Creation of Lien. Each Assessment levied by the Association pursuant to this

Declaration, together with all Additional Charges, shall be a charge upon the land

and upon levy shall be secured by a continuing lien upon the property against which

such Assessment is levied. The Association shall have a separate lien and a

separate lien is hereby created upon each Lot to secure the payment of any such

Assessments and Additional Charges as may be levied under this Declaration. The

lien provided herein shall continue to secure all Assessments and Additional

Charges levied upon any Lot notwithstanding the transfer of record title to such Lot,

and any such transfer shall be subject to the Association’s lien, provided that, prior

to such transfer, a Notice of Delinquent Assessment has been recorded as provided

in the Declaration and by law. The priority of all such liens on each Lot shall be in

reverse order so that upon the foreclosure of the lien for any particular charge on

any Lot, any sale of such Lot pursuant to foreclosure of the lien will be made subject

to all liens securing the respective ~~monthly~~ Assessments and Additional Charges on

such Lot ~~for succeeding months~~.

5.3 Purpose of Assessments. The Assessments levied by the Board shall be used

exclusively to pay for the costs of management and operation of the Development,

of conducting the business and affairs of the Association, to promote the recreation,

health, safety, welfare, benefit, and interests of the Owners and Residents within the

Development, and for the improvement and maintenance of the Common Area and,

to the extent provided for in the Governing Documents or by law, of the Lots situated

within the Development or which, in the opinion of the Board, shall be deemed

necessary or proper for the management of the Development or of the affairs of the

Association, or the benefit of the Lot Owners, or for the enforcement of the

Governing Documents. The Annual Assessments shall include an amount to be

allocated for contingencies.

5.4 Authority of the Board. The Board shall have the power and the duty to levy Annual

and Special Assessments sufficient to meet the Association’s obligations under the

Governing Documents and applicable law.

5.5 Annual Assessments

5.5.1 Calculation of Estimated Requirement. Not less than 30 and no more than 60 days ~~later than forty-five (45) days~~ prior to the beginning of each fiscal year, the Board shall complete and distribute to all Owners an estimate of the net funds required by the Association for such fiscal year, including a reasonable amount allocated to contingencies and to a reserve fund for restoration, repair, and/or replacement of those components for which the Association is responsible and which must be repaired or replaced on a periodic basis; to manage, administer, operate, and maintain the Development; to conduct the affairs of the Association; and to perform all of the Association’s duties in accordance with this Declaration.

We need to verify that this agrees with section 8.2 in Bylaws.

5.5.2 Allocation of Annual Assessment. The Board shall allocate and assess

the amount of estimated required funds equally among the Lots by dividing

the amount by the number of Lots within the Development. Unless the

Board shall designate otherwise, Annual Assessments shall be levied on an

annual basis and shall be paid in one payment.

5.5.3 Surplus funds. If, as of the end of any fiscal year, there is an excess of

membership income over membership expenses as defined in Internal

Revenue Code 277 for the year ended, such excess shall be applied

against the subsequent tax year’s member assessments as provided in

Internal Revenue Ruling 70-604, unless some other disposition of such

excess income is determined by the vote of the Members.

5.5.4 Increases in Annual Assessment. ~~Except~~ As ~~otherwise~~ provided by ~~law~~

Civil Code 1366, the Board shall not increase the Annual Assessment for

any fiscal year above the amount of the Annual Assessment for the

preceding year by more than the maximum permitted by law, except upon

the affirmative vote or written consent of a majority of Members voting on

such increase in the Annual Assessment, provided that a quorum is

established. For purposes of the preceding sentence, a quorum shall mean

more than fifty percent (50%) of the Members of the Association,

notwithstanding any lower requirement which may be set forth in the

Bylaws.

5.6 Special Assessments.

5.6.1 Purpose of Special Assessments. If at any time during any fiscal year the

Annual Assessment proves inadequate for any reason, including nonpayment

of any Owner’s share thereof or the unexpected repair, replacement, or

reconstruction of improvements located in the Development, or if funds are

otherwise required for any authorized activity of the Association, the Board

may levy a Special Assessment in the amount of such actual or estimated

inadequacy or cost.

5.6.2 Allocation of Special Assessments. Special Assessments shall be allocated

and assessed among the Lots in the same manner as Annual Assessments.

5.6.3 Approval of Special Assessments, Except in the case of an emergency

situation as defined in section 1366 of the California Civil Code, in any fiscal

year the Board may not levy Special Assessments which in the aggregate

exceed five percent (5%) of the budgeted gross expenses of the Association

for that fiscal year, except upon the affirmative vote or written consent of at

least a majority of the Members voting on any such Special Assessment,

provided a quorum in established. For purposes of the preceding sentence,

a quorum shall mean more than fifty (50%) of the Members of the

Association, notwithstanding any lower quorum requirement which may be

set forth in the Bylaws.

5.7 Reimbursement Assessment. The Association shall levy a Reimbursement

Assessment against any Owner and his or her Lot if a failure by such Owner, or

any person or pet for whom the Owner is responsible, to comply with any provision

of the Governing Documents has necessitated or resulted in an expenditure of

funds by the Association to deal with such lack of compliance or to bring such

Owner or his Lot into compliance. A Reimbursement Assessment shall include

any costs incurred by the Association, including attorneys’ fees and costs of

collecting from an Owner any amount which the Owner is obligated to pay to the

Association. A Reimbursement Assessment shall be due and payable to the

Association when levied.

5.8 Enforcement Assessments. The Board may levy an Enforcement Assessment for

violation of any of the provisions of the Governing Documents. Any Enforcement

Assessment shall be due and payable to the Association when levied.

Question for legal: what does the title enforcement assessment really mean? Is it a fine? If it is a fine, must there be a published fine schedule? What if this violation isn’t on the fine schedule—can the Board still levy an enforcement assessment? If a fine schedule is created, who approves this schedule—the Board alone or by vote of the membership?

If this really is a fine assessment, should we move this to section 9 as a fine policy?

5.9 Failure to Fix Assessments. The failure or omission by the Board to fix or levy any

Annual Assessment provided for by the terms of this Declaration before the

expiration of any fiscal year, for that fiscal year, shall not be deemed either a

waiver or a modification in any respect of the provisions of this Declaration, or a

release of any Owner from the obligation to pay Assessments or any installment

thereof for that or any subsequent year, but the amount of the Annual Assessment

fixed for the preceding year shall be the amount of the Annual Assessment for the

ensuing fiscal year until a new Annual Assessment is levied.

5.10 Offsets. All Assessments levied by the Board shall be payable in the full amount

specified, including any Additional Charges imposed as provided by the terms of

this Declaration, and no offsets against any such amounts shall be permitted for

any reason whatsoever, including without limitation a claim that the Association

has failed to properly exercise its duties of maintenance or enforcement.

5.11 Delinquent Assessments. Any installment or other portion of an Assessment not

paid within fifteen (15) days after its due date shall be delinquent and shall be

subject to interest and late charges not to exceed the maximum rate permitted by

law, as well as other Additional Charges. The Board, on behalf of the Association,

may enforce the payment of any delinquent Assessment plus Additional Charges

by bringing an action at law against any Owner personally obligated to pay the

same, or by foreclosing the lien against the Owner’s Lot by judicial or non-judicial

foreclosure except as prohibited by law. Prior to recording a Notice of Delinquent

Assessment, the Association shall provide notice to the Owner as required by Civil

Code section 1366.3 or other applicable law. No procedures shall be initiated to

foreclose the lien securing any Assessment levied under this Article 5 until at least

ten (10) days following the mailing of a Notice of Delinquent Assessment, duly

signed by a designated officer or agent of the Association, to the Owner or Owners

of the subject Lot, and the recording of such Notice in the Office of the Recorder of

Plumas County, California. Said Notice of Delinquent Assessment shall state the

amount of the Assessment, together with all accrued Additional Charges; a

description of the Lot against which the same has been assessed; the name or

names and mailing addresses of the Owner or Owners thereof; and the name and

address of the trustee authorized by the Association to enforce the lien by

foreclosure and sale. Except as prohibited by law, upon the recording of the

Notice of Delinquent Assessment referred to above, the Association may, at its

option, declare the entire balance of all sums then due or to become due from the

Owner, immediately due and payable, which total sum may then be included in any

suit, action, or other procedure initiated to collect said sums, including all Additional

Charges.

Question for legal: Is this information still up to date with the law?

5.12 Power of Sale. Each Owner does hereby appoint the Association as trustee to

enforce and to foreclose any lien which is established pursuant to the terms of this

Declaration, by private power of sale, as provided in Division III, Part 4, Title 14,

Chapter 2, Article 1, of the Civil Code of the State of California, and does further

grant to the Board of Directors, on behalf of the Association, the authority and

power to sell the Lot of such Owner in the event of any default in payment of any

Assessments or Additional Charges levied against such Lot, for lawful money of

the United States, to the highest bidder, to satisfy said lien. The Association, as

trustee for the remaining Owners, or any other Owner, may purchase the Lot at

said sale. The Board may commence any procedure for the collection of

delinquent Assessments upon its own decision. The remedies provided in this

Declaration for collection of delinquent Assessments shall be cumulative and not

exclusive.

Question for legal: Is Power of Sale up to date?

5.13 Certificate of Satisfaction and Release of Lien. Upon payment in full of a delinquent Assessment, including any Additional Charges, or the satisfaction thereof, the Board shall cause to be recorded, in the same manner as the Notice of Delinquent Assessment, a further certificate stating the satisfaction thereof and the release of the lien.

5.14 Priority. Except as otherwise expressly provided by law, the lien securing each of

the Assessments provided for under this Article 5 shall have priority as of the date

of recording of the Original Declaration applicable to the Development over all other

liens and encumbrances applicable to the Lots; provided, however, that such

Assessment lien shall be subordinate to the lien of any first mortgage or deed of

trust recorded against the Lot; and provided, further, that such subordination shall

apply only to the Assessments which have become due and payable prior to the

sale of such property pursuant to a decree of foreclosure of any such mortgage or

deed of trust, or pursuant to a power of sale contained in any such mortgage. Such

foreclosure sale shall not relieve such property from liability for any Assessments

and Additional Charges thereafter becoming due, nor from the lien of any

subsequent Assessment.

Question for legal: Is this up to date and exactly what does it really mean (translation, please).

5.15 Association Funds. Unless otherwise determined by the Board, the Association

shall maintain at least two separate accounts in one or more banks or other

depositories selected by the Board, which accounts shall be clearly designate

WEST ALMANOR COMMUNITY CLUB OPERATING ACCOUNT and WEST

ALMANOR COMMUNITY CLUB RESERVE ACCOUNT. The Assessments

collected by the Association shall be properly deposited into such accounts. The

Assessments collected by the Association shall be held in trust by the Association

for and on behalf of each Owner and shall be used for the purposes set forth in

Section 5.3. The Board shall allocate a portion of said funds as collected for the

annual maintenance and operation of the Development and another portion of said

funds as collected as reserves for contingencies, replacement, and deferred

maintenance of the Capital Improvements of the Development, as specified in the

annual budget. Upon sale or transfer of any Lot by any Owner, the Owner’s

interest in the funds held in trust by the Association shall terminate and shall be

deemed automatically transferred to the successor-transferee of such Owner.

5.16 Waiver of Exemptions. Each Owner, to the extent permitted by law, does hereby

waive, to the extent of any liens created pursuant to this Article 5, the benefit of any

homestead or exemption laws of the State of California in effect at the time any

Assessment or installment thereof becomes delinquent or any lien is imposed

pursuant to the terms of this Article 5.

Question for legal: Is this still current?

5.17 Property Exempt from Assessments. The following property subject to this

Declaration shall be exempt from the Assessments, Additional Charges, and liens

created herein:

(a) All property dedicated to and accepted by Plumas County or other local public authority and devoted to public use; and

(b) Any Lot which is owned by the Association as a result of the Association having acquired such Lot through foreclosure; provided, however, that such exemption shall be applicable only during the period in which the Association is record owner of such Lot; and

ARTICLE 6 DAMAGE OR DESTRUCTION OF BUILDINGS; CONDEMNATION

6.1 Replacement or Repair of Association Property. In the event of damage to or

destruction of the Common Area or other property of the Association or any part

thereof, the Association shall repair or replace the same from the insurance

proceeds payable to it by reason of such damage or destruction.

(a) If any such damage or destruction was insured against and the insurance

proceeds are insufficient to cover the costs or repair or replacement of the

property damaged or destroyed, the Association may levy a Special

Assessment against the Members of the Association as provided in this

Declaration to cover the additional cost of the repair or replacement not covered

by the insurance proceeds.

(b) The Members may elect not to cause such replacement or repair by the vote or

written consent of two-thirds of the Total Voting Power of the Association.

shall be distributed by the Association to the Members pro rata or otherwise

made use of as determined by the vote of the Members.

(d) Any replacement, repair or other acquisition of goods or services will be in

accordance with applicable laws, codes and Association policies or operating

rules.

6.2 Rebuilding or Repair of Improvements on Lots. If any Lot is damaged or destroyed

by fire or other casualty, the Owner(s) of any such Lot shall promptly (but in any

event within ninety (90)days of the occurrence of such damage) clean up the Lot

and put it in a safe and orderly condition, and as soon as practicable thereafter shall

repair or rebuild the structures upon such Lot and restore such Lot to its condition

prior to the damage or destruction, or to such other condition as shall have been

approved in advance of such rebuilding or restoration by the Architectural

Committee. Restoration of the Lot to its prior condition, or application to the

Architectural Committee for approval of other construction, shall be commenced as

soon as practicable but not later ~~that~~ than one year after the occurrence of such

damage or destruction and all such restoration or reconstruction shall be completed

within one year of commencement. In the case of total or substantially total

destruction of a Residence, if restoration is not commenced within one year after the

occurrence of the destruction, the Board may require that the foundation and other

installations be removed and the Lot be restored to a safe, orderly, and natural

condition. Is Lot the correct term? Should we distinguish between unimproved and

improved lots?

6.3 Condemnation of Common Area. If at any time all or any portion of any Common

Area, or any interest therein, shall be taken for any public or quasi-public use, under

any statute, by right of eminent domain, or by private purchases in lieu of eminent

domain, the entire compensation or award in condemnation, to the extent such

award is not apportioned among the Owners by court judgment or by agreement

between the condemning authority and each of the affected Owners in the

Development, shall be paid to the Association and shall be used in the manner

determined by the Board, provided that such use shall not be inconsistent with the

purposes of the Association. The Association shall represent the interests of all

Owners in any proceedings relating to such condemnation to the extent such

Owners have any interest in the Common Area. If there is an election not to rebuilt or repair, the applicable insurance proceeds shall be distributed by the Association to the Members pro rata or otherwise made use of as determined by the vote of the Members.

6.4 Condemnation of Lots. If an entire Residence or Lot, or so much thereof as to

render the remainder unfit for use as a residence, is condemned or taken for a

public or quasi-public use, pursuant to any statute, by right of eminent domain, or by

private purchase in lieu of eminent domain, the Owner’s membership in the

Association shall terminate as of the last day of the month in which the condemnor

obtains the right to possession, or upon Owner’s vacating the premises, whichever

occurs last. If only a portion of such Residence or Lot is taken and the remainder is

fit for use as a residence, the Owner shall continue to be a Member of the

Association. In any condemnation action involving an Owner’s Residence or Lot,

the Association shall have the right to seek compensation for any damages incurred

by the Association.

ARTICLE 7 MAINTENANCE OF PROPERTY

7.1 Association Responsibility for Common Area Maintenance. The Association shall

provide maintenance, repair, and replacement of the Common Area and all

facilities, improvements, and landscaping thereon, including streets, walkways, and

utility facilities, except for those utility facilities which are maintained by public or

private utility companies or agencies, and all other real and/or personal property

that may be acquired by the Association, keeping such property in first-class

condition and good repair. The Association shall further be responsible for

providing lighting, landscaping, gardening (including periodic replacement, as the

Board deems necessary, of trees, shrubs, and other plants upon the Common

Area), and janitorial services for the Common Area, as needed, and shall cause

any and all other acts to be done which may be necessary to assure the

maintenance of the Common Area in first-class condition and repair, including

painting of the exterior surfaces of the building(s) and such other portions of the

Common Area as the Board, in its discretion, determines to be necessary.

7.2 Authority for Entry of Lot. The Association or its agents may enter any Lot after

reasonable notice to the Owner whenever such entry is necessary, in the Board’s

sole discretion, in connection with the performance of any maintenance, repair,

construction, or replacement for which the Board is responsible or which it is

authorized to perform or in connection with the inspection or examination of

structures or the Lot for conformance with applicable standards or approval, or for

the performance of other duties which the Board is authorized to perform. Such

entry shall be made with as little inconvenience to the Residents as practicable.

Please advise—this is open ended and confusing.

7.3 Owner Responsibility for Maintenance of Lots. Each Owner shall be responsible

for the maintenance, repair and replacement of his or her Lot and all improvements

thereon. An Owner’s right and responsibility for maintaining, repairing or replacing

any portions of his or her Lot shall be subject to any applicable provisions of the

Governing Documents relating to landscaping and architectural control.

7.4 Owner Liability. The Board shall have the discretion to determine whether any

maintenance, repair, or replacement, which is the responsibility of an Owner, is

necessary to preserve the appearance and value of the property with the

Development or any portion thereof and may notify an Owner of the work the

Board deems necessary. In the event an Owner fails to perform such work within

sixty (60) days after notification by the Board to the Owner, the Board may, after

written notice to the Owner and the right of a hearing before the Board, cause such

work to be done and charge the cost thereof to the Owner as a Reimbursement

Assessment. If the need for any maintenance, repair, or replacement is caused by

the willful or negligent act or omission of an Owner or an Owner’s family, tenants,

Contract Purchaser, guests, invitees, or household pets, the cost of such

maintenance, repair, or replacement, including the cost of materials, labor,

supplies, and services shall be charged to, and paid by, such Owner in the form of

a Reimbursement Assessment.

Can the underlined portion be removed? It appears to be redundant and therefore not

needed.

ARTICLE 8 ARCHITECTURAL COMMITTEE

8.1 Submission of Plans and Specifications. Except for work performed or

improvements made or constructed by or on behalf of the Association, no

permanent or temporary building, fence, wall, obstruction, balcony, deck, screen,

patio cover, tent, awning, carport cover, improvement or other structure of any kind

or any live tree removal (greater than six (6) inches DBH), or grading on

unimproved or improved Lots (whether in connection with planned construction or

not) shall be commenced, erected, or maintained within the Development, nor shall

any exterior addition to or change or alteration therein be made, until the plans and

specifications showing the nature, kind, shape, color, height, size, materials, and

location of the same shall have been submitted to and approved in writing by the

Architectural Committee with consideration given to ~~as to quality of workmanship~~

~~and design~~ harmony of external design and location in relation to surrounding

structures, topography, and finished grade elevation of the applicant Lot.

What do we do about solar panels, wind turbines, and other alternative energy

systems that people may want to add to their homes?

8.2 Establishment. The Board shall appoint an Architectural Committee consisting of a

minimum of three (3) Members of the Association. The Board may also appoint

one (1) alternate Committee member who may be designated by the Committee to

act as a substitute on the Committee in the event of absence or disability of any

Committee member. In the event of death or resignation of any member of the

Committee, the Board shall have the full authority to designate a successor. If at

any time there shall not be a duly-constituted Architectural Committee, the Board

shall exercise the functions of the Architectural Committee in accordance with the

terms of this Article 8.

8.3 Duties. It shall be the duty of the Architectural Committee to consider and act upon

proposals or plans submitted to it pursuant to the terms of this Article 8, to perform

other duties delegated to it by the Board, and to carry out all other duties imposed

upon it by this Declaration.

8.4 Meetings. The Architectural Committee shall meet as necessary to properly

perform its duties hereunder. The vote or written consent of a majority of the

members shall constitute an act by the Committee. The Committee shall keep and

maintain a record of all actions taken by it at such meetings or otherwise. The

Architectural Committee and its members shall be entitled to reimbursement for

reasonable out-of-pocket expenses incurred by them in the performance of any

Architectural Committee function.

8.5 The Architectural Committee may recommend or repeal new or revised rules and

regulations, to be known as the “Architectural Policy”, for Board approval. ~~The~~

~~Architectural Committee may, from time to time, and subject to the Board’s~~

~~approval, adopt, amend, and repeal rules and regulations to be known as the~~

~~“Architectural Policy”.~~ The Architectural Policy shall interpret and implement the

provisions of this Article 8 by setting forth the standards and procedures for

Architectural Committee review and guidelines for architectural design, placement

of buildings, and other structures, live tree removal, exterior finishes and

materials, and similar features which are recommended for use in the

Development; provided, however, that the Architectural Policy shall not be in

derogation of the minimum standards required by this Declaration.

8.6 Application. Any Owner proposing to perform any work of any kind whatever,

which requires prior approval pursuant to this Article 8, shall apply for approval by

notifying the Association in writing, of the nature of the proposed work and

furnishing such information and documentation as the Committee or Board may

require.

8.7 Fees. The Association may charge a reasonable fee or fees for its review of

architectural or landscaping applications, drawings, plans, and specifications as

shall be determined from time to time by the Board. Such fees shall include the

cost of the Committee and/or Board consulting with architects, engineers, or other

professionals in connection with an application.

8.8 Grant of Approval. The Architectural Committee shall grant the requested approval

only if:

(a) The Owner shall have complied with the provisions of Section 8.1 above;

(b) The Committee shall find that the plans and specifications conform to this Declaration and to the Architectural Policy in effect at the time such plans were submitted to the Committee; and

(c) The Committee shall determine that the proposed improvements would be consistent with the standards of the Development and the purposes of the Declaration as to ~~quality of workmanship, design and~~ materials, ~~as to~~ harmony of exterior design with the existing structures, and ~~as to~~ location with respect to topography and finished grade elevations on the Applicant Lot.

8.9 Form of Approval. All approvals and rejections of requests for approval shall

be in writing from the Committee or the Board; however, any request for

approval which has not been acted upon by the Architectural Committee or the

Board within forty-five (45) days after the date of a completed submission to the

Architectural Committee shall be deemed approved other than for variances

covered in 8.10.

The Committee wondered if this was sufficient time given sometimes severe weather

conditions in the winter or should there be something allowing for winter conditions.

Boundary markers are difficult to find under snow berms.

8.10 Board Review, Variances. The Committee shall within two weeks submit a

copy of its findings and determinations to the applicant and to the Board. After

submission to the Board, the Board on its own initiative may review any

decision of the Committee, or upon the written request of the Committee or of

any Association Member the Board shall review the Committee’s decision

provided the request is presented to the Board within thirty (30) days after

submission of the Committee’s findings and determinations to the Board. The

Board, subject to the restrictions of this paragraph, ~~in its discretion~~ may grant

variances from the Architectural Policy in individual cases and may impose

such conditions, on variances as the Board shall deem appropriate, which may

include recordation of the terms of the variance. Before a variance can be

granted, the Board ~~If the Board meets to review a variance request, it~~ must

notify the members of the Association of its intention to grant a variance. ~~Such~~

The notice shall be posted on the various bulletin boards maintained by the

Association, by posting on the internet (WACC website, Pinecone Telegraph,

etc.) and by mail to all adjoining property owners, including any neighbors

“across the street”. Members shall have fifteen (15) business days following the

date of ~~such notice~~ posting to object, in writing, to the Board. If such an

objection is received by the Board, the Board ~~must~~ shall allow members to

present their objections, and/or support of the Board’s proposed decision in an

open meeting. Such meeting may be a regularly scheduled meeting or a

special meeting may be called. Members who cannot attend this meeting ~~may~~

shall be allowed to submit their views in writing. ~~This meeting may be~~ ~~the next~~

~~regularly scheduled open board meeting or a special meeting may be held to~~

~~hear and/or read the arguments.~~ The Board shall then meet within two (2)

weeks, but not sooner than twenty four (24) hours, following the open meeting

to come to a final decision on issuing the variance. Following the open meeting

the Board shall meet to consider the views of the members and come to a final

decision.

~~This meeting must be held within two (2) weeks following the open meeting,~~

~~but not sooner than 24 hours following the public meeting.~~

The intent is to have an appeal process in place regarding variances.

8.11 Commencement. Upon receipt of approval pursuant to Section 8.9 and/or 8.10

above, the Owner shall, as soon as practicable, satisfy all conditions thereof

and diligently proceed with the commencement and completion of all tree

removal, excavation, installation, construction, reconstruction, refinishing and

alterations pursuant to said approval. Conditions to approval may include prior

notice of phases of approved work, such as tree removal or pouring of

foundations. Commencement of construction shall occur within one year after

the date of final approval. In the case of original construction on a vacant Lot,

“commencement of construction” shall mean at least the completion of

approved tree clearing and grading and the pouring of all or substantially all

foundations for any improvements. No garage or garages shall be constructed

on any Lot before construction of the Residence. If the Owner shall fail to

timely commence approved work in compliance with this paragraph, any

approval previously given shall be deemed revoked unless the Board, upon

written request of the Owner made prior to the expiration of the time for

commencement, extends the time for such commencement. No such extension

shall be granted except upon a finding by the Board that there has been no

change in the circumstances upon which the original approval was granted.

8.11 is rather lengthy—is there any way to shorten it and still get the information across?

8.12 Completion. The Owner shall, in any event, complete the installation,

construction, reconstruction, refinishing, or alteration of any such improvement

within ~~one~~ two years after commencing construction thereof, (i) except and for

as long as such completion is rendered impossible or would result in great

hardship to the Owner due to strikes, fires, national emergencies, natural

calamities, or other supervening forces beyond the control of the Owner or his

agents, and (ii) except in the case of original construction on a vacant Lot, in

which case the exterior of the structure shall be completed within ~~one~~ two

years, including installation of all windows, exterior doors, siding and trim,

decks, roofing, yard cleanup and final grading in accordance with the approved

plans. If an Owner fails to comply with this Section 8.12, the Architectural

Committee shall notify the Board of such failure, and the Board shall proceed in

accordance with the provisions of Section 8.13, below, as though the failure to

complete the improvements was a non-compliance with approved plans.

8.13 Inspection and Correction. Inspection of work and correction of defects therein

shall proceed as follows:

(a) Upon the completion of any work for which approved plans are required

under this Article 8, the Owner shall give written notice thereof to the

Architectural Committee.

(b) Within sixty (60) days thereafter, the Committee, or its duly authorized

representative, may inspect such work to determine whether it substantially

complies with the approved plans. If the Committee finds that the work was

not done in substantial compliance with the approved plans, it shall notify

the Owner in writing of such non-compliance within such sixty (60) day

period, specifying particulars of non-compliance and shall require the

Owner to remedy such non-compliance, which may include planting trees

to replace trees removed without authorization.

thirty (30) days from the date of such notification, the Committee shall notify

the Board in writing of such failure. The Board shall then set a date on

which a hearing before the Board shall be held regarding the alleged non-

compliance. The hearing date shall be not more than thirty (30) nor less

than fifteen (15) days after notice of the non-compliance is given to the

Board by the Architectural Committee. Notice of the hearing date shall be

given at least ten (10) days in advance thereof by the Board to the Owner,

to the Architectural Committee and, in the discretion of the Board, to any

other interested party.

(d) At the hearing the Owner, the Architectural Committee and, in the Board’s

discretion, any other interested person, may present information relevant to

the question of the alleged non-compliance. After considering all such

information, the Board shall determine whether there is a non-compliance,

and, if so, the nature thereof and the estimated cost of correcting or

removing the same. If a non-compliance exists, the Board shall require the

Owner to remedy or remove the same within a period of not more than

forty-five (45) days from the date of the Board’s ruling. If the Owner does

not comply with the Board’s ruling within such period or within any

extension of such period as the Board, in its discretion, may grant, the

Board, at its option, may either remove the non-complying improvement

or remedy the non-compliance and all expenses, including all legal

expenses, incurred in connection therewith shall be assessed against the

Owner as a Reimbursement Assessment.

(e) If, for any reason, the Architectural Committee fails to notify the Owner of

any non-compliance within sixty (60) days after receipt of a

notice of completion from the Owner, the improvement shall be deemed

to be in accordance with the approved plans.

8.14 Non-Waiver. The approval by the Architectural Committee or the Board of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring approval under this Declaration, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval.

8.15 Estoppel Certificate. Within thirty (30) days after written demand is delivered to the Association by any Owner, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Board), the Board shall cause to be recorded an estoppel certificate, certifying (with respect to any Lot of said Owner) that as of the date thereof, either: (i) all improvements made and other work completed by said Owner comply with this Declaration, or (ii) such improvements or work do not comply, in which event the certificate shall also identify the non-complying improvements or work and set forth with particularity the basis of such non-compliance. Any purchaser from the Owner, or from anyone deriving any interest in a Lot through him, shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Association and all Owners and such persons deriving any interest through them.

Legal question—is this appropriate for both approval and non-approval? Does LOT

mean a piece of dirt only or does it mean dirt plus residence?

8.16 Notice of Noncompliance. If any improvements are installed within the Development that area not in conformance with this Declaration, the Association is authorized to the extent permitted by law to record or cause to be recorded against the Owner’s Lot a Notice of Noncompliance which shall provide: (i) a legal description of the Lot affected, (ii) the name of the record Owner as most recently reported to the Association, and (iii) a description of the general nature of the noncompliance. If and when such Lot is brought into compliance with this Declaration, as determined by the Board or the Architectural Committee, the Association shall record or cause to be recorded an Estoppel Certificate in accordance with Section 8.15.

8.17 Liability. Neither the Architectural Committee, the Board, nor any member thereof shall be liable to the Association or to any Owner for any damage, loss, or prejudice suffered or claimed on account of: (i) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (ii) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (iii) the development of any property within the Development; or (iv) the execution and filing of an estoppel certificate or notice of noncompliance, whether or not the facts therein are correct; provided, however, that the Committee, the Board, or such member has acted in food faith on the basis of such information as may be possessed by it or him. Without in any way limiting the generality of the foregoing, the Architectural Committee, the Board, or any member thereof, may but is not required to consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted for approval.

8.18 Indemnification. To the fullest extent permitted by law, the members of the Committee and the Board shall be indemnified by the Association for all liability, including attorney’s fees, in connection with the performance of their duties pursuant to this Article 8. (see Corporation Code 1365.7)

Does Corporation Code 1365.7 apply here?

8.19 Compliance with Governmental Requirements. The application to the Association and the review and approval of any proposals, plans, or other submittals shall in no way be deemed to be satisfaction of or compliance with any building permit process or any other governmental requirements, the responsibility for which lies solely with the respective Owner, nor shall it constitute the assumption of any responsibility by, or impose any liability on, the Association, the Board, or the Committee, or their members as to the accuracy, efficacy, or sufficiency thereof.

ARTICLE 9 ENFORCEMENT

9.1 Violations as Nuisance. Every act or omission constituting or resulting in a violation of any of the provisions of the Governing Documents shall be deemed to constitute a nuisance and, in addition to any other remedies which may be available, such nuisance may be abated or enjoined by the Association or its Officers or Board of Directors or by any Owner; provided, however, that the Board shall not be obligated to take action to abate or enjoin a particular violation if, in the exercise of its discretion, the Board determines that acting to abate or enjoin such violation is not likely to foster or protect the interests of the Association and its Members as a whole.

The Committee wonders if the original 9.2 Violation of Law should be moved to and become 3.1. The text of the old 9.2 is now inserted as 3.1. It is also shown below.

9.2 Owners’ Responsibility for Conduct and Damage. Each Owner shall be fully responsible for informing, or causing to be informed, members of their ~~his or her~~ family and their ~~his or her~~ tenants, invitees, Contract Purchasers, and guests of the provisions of the Governing Documents, and shall be fully responsible for the conduct, activities, and any Governing Document violation of any of them, and for any damage to the Development or the Association resulting from the negligent or intentional conduct of any of them or any household pets. If a Lot is owned jointly by two or more persons, the liability of each Owner in connection with the obligations imposed by the Governing Documents shall be joint and several.

9.3 Rights and Remedies of the Association.

9.3.1 Rights Generally. The Association, its Directors, Officers, or agents, and any Owner shall have the right to enforce any and all provisions of the Governing Documents by any proceeding at law or in equity, or through the use of such other remedies as are available and deemed appropriate by the Board.

9.3.2 Inadequacy of Legal Remedy. Except for the nonpayment of any

Assessment levied pursuant to the provisions of Article 5 of this

Amended Declaration, it is hereby declared that a remedy at law to

recover damages for a default in the performance of any of the terms

and provisions of any of the Governing Documents or for the breach or

violation of any such provisions is inadequate and that the failure of

any Owner or a member of the family of any Owner or an Owner’s

tenants, guests, or household pets or any other occupant or user of

any of the property within the Development to comply with any

provision of the Governing Documents may be enjoined in any judicial

proceedings initiated by the Association, its Officers or Board of

Directors, or by any Owner or by their respective successors in

interest. Can 9.3.2 be clarified or simplified?

9.3.3 Limitation on Disciplinary Rights. The Association shall not have the

power and authority to cause a forfeiture or abridgment of a Member’s

right to the full use and occupancy of his or her Lot as the result of the

failure by such Owner, members of such Owner’s family, or his or her

tenants, guests, invitees or household pets to comply with any

provision of the Governing Documents, except where such forfeiture

for abridgement is the result of the judgment of a court of competent

jurisdiction, a decision arising out of an arbitration proceeding, or a

foreclosure or sale under private power of sale for failure of such

Owner to pay Assessments levied by the Association pursuant to

Article 5 of this Amended Declaration. The provisions of this

Subsection ~~9.4.3~~ 9.3.3 shall not affect the Association’s right to

impose sanctions as provided in the Governing Documents.

9.4 Disciplinary Rules. The Board or a committee appointed by the Board for that purpose may adopt Operating rules and regulations that further elaborate upon and refine procedures for conducting disciplinary proceedings and otherwise imposing sanctions upon Members of the Association for violation of provisions of the Governing Documents. Such rules, when approved and adopted by the membership or Board, as appropriate or required, shall be deemed to be part of the Association Rules provided for in, and constituting a part of, the Governing Documents.

We have had confusion on what is an operating rule, a rule and a policy. Please explain what kind of “rules and regulations” are listed above and are we correct in who must approve what.

9.5 Emergency Situations. The following shall constitute emergency situations:

(i) an immediate and unreasonable infringement of or threat to the safety or peaceful enjoyment of Residents of the Development, (ii) a traffic or fire hazard, (iii) a threat of material damage to or destruction to the Development or any portion thereof, (iv) a violation of any provision of the Governing Documents that is of such a nature that there is no material question regarding the identity of the violator or whether the violation has occurred (such as parking violations.)

Does (iv) mean a member can have a car towed?

Notwithstanding any other provisions of the Governing Documents, under

circumstances involving an emergency, the Board or its duly authorized agents

may undertake immediate corrective or disciplinary action. After such action,

the Board on its own initiative may (or upon request of the Owner as to whom

such corrective or disciplinary action has been taken, the Board shall) conduct

a hearing as soon thereafter as reasonably possible. If the Association acts on

its own initiative to schedule a hearing, notice of date, time and location of the

hearing shall accompany the notice of the disciplinary action which is

transmitted to the Owner. If the Board has not scheduled a hearing and the

Owner desires a hearing, the Owner’s written request thereof shall be

delivered to the Association no later than five (5) days following the date when

the notice of the Board’s disciplinary action is ~~transmitted to~~ received by the

Owner. The hearing shall be held not later than fifteen (15) days following the

date of the Board’s notice of the disciplinary action or fifteen (15) days following

the receipt of the Owner’s request for a hearing, whichever is later.

9.6 Non-Waiver. Failure to enforce any provision of the Governing Documents at anytime shall not be deemed a waiver of the right to do so thereafter with respect to the same or any other violation of any provision of the Governing Documents.

9.7 Notices. Any notices required or given under this Article 9 shall, at a minimum, set forth the date, time, and location of any hearing, a brief description of the act or omission constituting the alleged violation of the Governing Documents, a reference to the specific Governing Document provision or provisions alleged to have been violated, and the sanction, disciplinary action, or other enforcement action being contemplated by the Board, if any. The notice shall be in writing and, except as specifically required by law, may be given by any method reasonably calculated to give actual notice to the affected Member; provided, however, that if notice is given by mail, it shall be sent by first-class mail, postage prepaid, sent to the most recent address for the affected Member as shown on the records of the Association.

9.8 Costs and Attorneys’ Fees. In the event the Association shall take any action to enforce any of the provisions of the Governing Documents or shall determine that any Member or members of his or her family or his or her tenants, Contract Purchasers, guests, invitees or household pets have violated any provision of the Governing Documents, and whether or not legal or judicial proceedings are initiated, the Association shall be entitled to recover the full amount of all costs including attorney’s fees incurred by the Association in responding to such a violation and/or in enforcing any Governing Document provision. The remedies of the Association to recover the amount of such costs and attorney’s fees shall include, but shall not necessarily be limited to, the imposition of a Reimbursement Assessment as provided in Article 5 of this Amended Declaration.

ARTICLE 10 AMENDMENT

10.1 Amendment. This Declaration may be amended by the affirmative vote ~~or written consent~~ of Members representing at least a majority of the Total Voting Power of the Association. Any amendment of the Declaration shall be signed and acknowledged by the duly authorized officer(s) of the Association and recorded in the Office of the Plumas County Recorder.

Do we need to add wording that allows the board to approve changes required as a result of changes in State law? Should this be the same wording as in 12.1 of the Bylaws? Do we also need to include some statement that addresses case law decisions?

ARTICLE 11 GENERAL PROVISIONS

11.1 Headings. The headings used in this Declaration are for convenience only and are not to be used in interpreting the meaning of any of the provisions of this Declaration, or otherwise.

11.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision hereof shall not invalidate any other provisions thereof.

11.3 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of fostering a plan of community ownership and occupancy and of management of the Development for the benefit of the community.

11.4 Number: Gender. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter, as the context requires.

11.5 Power of Attorney. To the extent necessary to carry out and enforce the provisions of this Declaration, an irrevocable power of attorney coupled with an interest is granted to the Association by the Owners and each of them.

11.6 Term. The covenants, conditions, restrictions, limitations, reservations, grants of easement, rights, rights-of-way, liens, charges, and equitable servitudes contained in this Declaration shall run with and shall benefit and burden all of the real property subject to this Declaration, including without limitation the Lots and Common Areas, and shall inure to the benefit of and be binding upon the Owners, the Association, its Board of Directors and officers, and their respective agents and successors in interest, for a term of thirty (30) years from the date of recordation of this Declaration. Thereafter the term shall be automatically be extended for successive periods of ten (10) years each, unless within the six months prior to the expiration of the initial 30 year term or any 10 year extension period a written instrument, approved by Owners entitled to vote and holding at least a majority of the Total Voting Power of the Association, terminating the effectiveness of this Declaration shall be recorded in the Office of the County ~~Recorded~~ Recorder of Plumas County, California.

What follows is the witness statement—we aren’t clear on how it should be worded.

EXHIBIT B

Description of Common Property Subject to

Amended Declaration

The following listed properties as described below:

Assessor’s Parcel # Owner Description of Property Size of Property

108-010-004 WACC Entrance to Community 11.5 acres

DBA Public Recreation Area

108-010-015 WACC Golf Course Parcel E 40.71 acres

108-010-016 WACC Golf Course Parcel E-1 15.89 acres

108-010-017 WACC Golf Course Parcel E-2 14.81 acres

108-010-021 WACC Green Belt Parcel D 16.51acres

108-010-023 WACC Golf Course 15.0 acres

108-053-006 WACC Club House Parking

Lot # 6 on Parcel Map Lot #6

108-060-011 WACC Undeveloped land N/O

Golf Course Driving Range 3.98 acres

108-090-002 WACC Recreation Area 3.09 acres

108-141-001 WACC Club House Parking

Lot # 1 on Parcel Map Lot #1

108-211-008 WACC Boat Launch

Area H Unknown

Exhibit C

Subdivision Maps of Property Subject to Amended Declaration

as of ____________ 2010 (2011)

All those parcels as shown on Plumas County Assessor’s Plats in Book 108, pages 01-035 which include:

Lake Almanor West Unit 1; and

Lake Almanor West Unit 2; and

Lake Almanor West Unit 3; and

Lake Almanor West Unit 4; and

Lake Almanor West Unit 5; and

Top Of The West Unit 1; and

Top Of The West Unit 2; and

Top Of The West Unit 3; and

Top Of The West Unit 4; and

Amended Subdivision of Top Of The West Unit 4; and

West Almanor Heights Unit 1; and

ReSubdivision of West Almanor Heights Unit 1.

(Should the Community Service District, Mutual Water Company and Plumas County Service Area #2 be included specifically in this listing? There are 5 such parcels and it may be that we need to specify them to control uses upon the properties.)

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