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Palomar CC&R's* (1.9MB)
Garbage Cans: 7.11b CC&R's – Garbage
cans shall be kept and maintained within an enclosed structure
or appropriately screened from view, except when necessary
for pick up.
RV's and Cars: 7.15 of CC&R's – Any
boat, camper, trailer (including work and utility trailers),
recreational vehicles, or unsightly vehicles may be stored
on a lot between front and rear yard setbacks if screened by
a 6 foot fenc. No working or commercial vehicles greater
than three-quarter (3/4) ton in size shall be parked upon any
lot at any time, unless fully enclosed in a garage on said
lot, and shall not be parked on any street adjacent thereto
or on any common area.
Landscaping: 7.10b&c of CC&R's – Landscaping
and vegetation shall be watered, pruned, cut, and maintained
weed-free according to good landscape practice and in good
appearance. This includes anything visible from the street.
Fences: 7.6 of CC&R's – Fences shall
not have a height greater than 6 feet. No fences shall be constructed
of any material other than wood nor finished in other than
natural finish. No fence shall be constructed thereon, or closer
than 10 feet to any side lot line adjacent to a dedicated street
on a corner lot. No fence above 3 feet shall be permitted in
front of building setback requirements.
Unsightly: 7.11 of CC&R's – No unsightliness
shall be permitted on any lot. This would be oil spills, toys,
furniture, rock and dirt piles, appliances, and anything else
you may find as an eye sore. Building materials 7.12, compost
piles 7.11, clotheslines 7.11, refuse 7.11, vehicles 7.15.
Exterior Appearance of Home: 7.14 of CC&R's – Condition
and repair such as structure and paint.
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| The intent of the fine is to protect and enhance
the integrity of our neighborhood. The majority of homeowners
comply with the CC&R's and we appreciate all the homeowners
who take pride in their homes and their neighborhood. Unfortunately,
there are a few homeowners who are consistent offenders. Therefore,
a fine system is used as a tool to enforce violations for repeat
offenders who impact the standards or safety of our neighborhood. |
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Fine System Process:
The Board of Directors reviewed the fine process for Covenants, Conditions,
and Restrictions (CC&R’s) violations. We concluded that homeowners need
to have a reasonable amount of time to correct issues associated with CC&R’s.
However, there are those homeowners that are habitual in disregard of the
rules that were designed to keep our subdivision looking good for
all
residents and visitors.
With this in mind, we have changed the violation process to include
two letters of notification that have no fines associated with them.
This gives homeowners a total of 45 to 60 days to correct CC&R issues
without any fines involved. If homeowners choose to ignore these
warnings, the penalty phase will take effect.
Keep in mind that homeowners may appeal violations to the Board of
Directors. We understand that there may be times these rules cannot
be followed or fixed in the allotted periods; however, this should
be the exception. Please notify the Board of Directors or the Property
Management Company of these times and they will be reviewed on an
individual basis.
The CC&R’s and fine system are designed to keep the neighborhood looking
good, property values up, and a consistency that makes Palomar Heights
a model subdivision.
First Violation Letter: Violations of CC&R's will be
counted separately. Each violation against the CC&R's will be addressed
with a notice. On the first offense, the homeowner will receive a letter
from the association management company informing them that each
CC&R
violation must be corrected. This gives the homeowner a reasonable
period to correct a problem without consequences.
Second Violation Letter: On the second notice the
homeowner will receive a letter from the association management
informing them that each CC&R violation must be corrected within
30 days (*except for oversized vehicles, trailers of all kinds
and recreational toys which is 15 days) from the receipt of the notice.
The homeowner may appeal to the Board of Directors if they feel
the notice is in error. The homeowners will also be notified of a
monetary penalty for failure to correct the violation(s) within this
time frame.
Third Violation Letter: A third notice will be
sent 30 days after the first notice for each violation of the CC&R's
that the homeowner has failed to correct and a fine of $50 will be
assessed against the homeowner. The homeowner may still appeal to
the Board of Directors at this time if they failed to appeal the
second notice. Homeowners will also be notified of the escalating
fine system for a forth violation letter.
Fourth Violation Letter: A forth violation letter
will inform the homeowner of a $50 per week fine assessed against
the homeowner until the CC&R violation(s) are corrected. Continued
failure to comply will result in being turned over to the
collection agency and could lead to a lien on the property as
approved by the Board of Directors. A lien on a lot will cause
the homeowner to be responsible for the original penalty,
additional delinquency fines, lien service costs, plus interest
(all of these items will be included in any lien or collection).
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