POOL AREA RULES AND REGULATIONS

POOL HOURS 7:00 a.m. to 10:00 p.m.

1. ALL POOL RULES ARE FOR THE SAFETY OF THE COMMUNITY AND WILL BE STRICTLY ENFORCED.
2. NO LIFEGUARDS WILL BE ON DUTY. HOMEOWWNERS, RESIDENTS AND GUESTS SWIM AT THEIR OWN RISK. Pool monitors may be hired during certain times of the year to monitor pool activities. Pool monitors are not certified lifeguards.
3. For safety reasons, children under the age of five (5) are not permitted in the hot tub at any time.
4. Only owners/residents and their guests may use the pool area. Guests must be accompanied by a resident while using the pool. All owners/residents must bring their pool FOB with them to the pool area.
5. Owners/residents may accompany a maximum of four (4) guests per household into the pool area at one time.
6. The pool gate is to remain closed and locked at all times. The gate is not to be propped open for any purpose.
7. Proper bathing attire is to be worn at all times. No T-shirts, cut off shorts, etc., are permitted in the pools. Topless sun bathing or skinny dipping is prohibited.
8. For safety reasons, all children under the age of 14 must be attended by an adult (age 18 years or older) at all times in the pool area.
9. Incontinent persons may only use the pool or spa with proper swim diapers.
10. Glass containers of any kind are prohibited in the pool area.
11. No food is permitted in or around the pools, except under the enclosure.
12. No alcoholic beverages or illegal drugs are allowed in the pool area.
13. No rough housing, ball playing or throwing of object in pools or adjacent area is allowed.
14. No running, jumping or diving into the pools from the handrails, ladder rails, fencing or pool furniture is permitted.
15. No loud or disturbing noise (yelling, screaming, horseplay, etc.) is permitted in the pool or pool areas. Music devices may only be used with headsets only.
16. Scuba gear, pool chairs and lounges are not allowed in the pools.
17. No intoxicated, or persons under the influence of any illegal drug, or boisterous persons may be in the pool area.
18. All trash must be disposed of in the trash containers provided.
19. No smoking (to include e-cigarettes and vapes) or illegal drug use is allowed in the pool area at any time.
20. No animals, other than properly documented and identified service animals, are allowed in the pool area.
21. Forced entry or climbing of the perimeter fencing is prohibited.
22. Life savings devices are posted around the pool and are to be used for EMERGENCY PURPOSES ONLY.
23. Suntan oils/lotions should be showered off prior to entering the pools.
24. No functions or parties may be held in the pool area.
25. Furnishings may not be removed from the pool area at any time.

GENERAL RULES AND REGULATIONS

Section 1 – Leasing and Tenants

Property owners are responsible for informing all guests and tenants of rules applying to all aspects of residence in Monticello and owners shall be held responsible for any violation of same. Owners are required to furnish tenants with copies of the CC&R’s, bylaws and rules and regulations.

Section 2 – Common Area Rules

• . Barriers placed in the streets by the Association as necessary for maintenance or repairs shall not be moved or bypassed without authority of the Board of Directors.
• . Refuse or debris of any kind, including animal excretion, shall not be washed or swept into any portion of the Common Area.
• Littering of any type is prohibited within the Monticello Community.
• Loitering, trespassing, and soliciting in the Monticello Community is prohibited.
• In the event of any damage or destruction to Common Area or other Monticello Community property by any owner, their tenants, and/or guests, the responsible owner shall be liable for the costs of repair, together with the appropriate fines levied per the Association's fine policy set forth below. The cost of repairs shall be levied as a Special Individual Assessment pursuant to the Amended and Restated Declaration, after notice and hearing to the owner. That portion of the Special Individual Assessment attributable to the cost of repair of such damage only, may become a lien against the individual owner's separate interest as provided for in the Amended and Restated Declaration. Damages to Common Area or Association personal property covered under this Rule shall include, but not be limited to, any damages resulting from the use of skateboards, skates, roller blades, bicycles, razors, or other recreational equipment, of any nature.
• Ball playing, skateboarding, or like activity is prohibited in the Common Area.
• Clothes lines may not be erected in the Common Area or any other area visible to other residents, except as permitted by statute (Civil Code Section 4753). Personal property may not be stored in Common Areas, including but not limited to recreational toys/equipment.
• Fireworks of any type are prohibited anywhere in the Monticello Community including SAFE AND SANE fireworks.
• Loud music or excessive noise in any form, in a unit, garage, patio/balcony, vehicle or Common Area which may be or become an annoyance or nuisance to any other owner/resident is not permitted.

Section 3 – Pets/Animals

• Pet owners are responsible to clean up after their pets and control odor nuisance at all times. Solid excrement must be removed from the Monticello Community immediately and disposed of in a safe and sanitary manner.
• Dogs must be on a leash no longer than six feet (6’) at all times and held by a person capable of controlling the animal.
• Pet owners are responsible for the noise disturbance of their animals while confined in the owner’s property or while present in the Monticello Community. Excessive barking, howling, etc., are not permitted.
• Violators of animal noise, restraint or animal treatment rules may be reported to the City Animal Control Department, Police Department and are also subject to the Monticello Association’s rule enforcement policy.
• All dogs must be licensed per the City of Costa Mesa Municipal Codes and/or County of Orange.
• No homeowner, resident or tenant shall own more than five (5) animals older than four (4) months of age without having obtained the proper permits through the City of Costa Mesa.
• . No homeowner, resident or tenant shall allow any animal under their control to run or be at large on Monticello property. Nor shall they allow any animal under their control to enter on or into the property of another within Monticello without permission.

Section 4 – Signs

For Sale, Rent or Lease signs shall not be more than 18” x 24” inclusive of all designation such as “Shown By Appointment Only,” “Open House,” etc., and shall be placed in front planter area or front or side window and on the garage door. One sign only advertising Open House will be permitted in the Common Area for each property listed. Small arrow signs will be permitted in the Common Areas directing people to the open house but must be removed once the open house is completed. No “Sold By,” or “Leased By” designations following sale, lease or rental of property are permitted.

Section 5 – Owners’ Maintenance of Dwelling Units and Lots

• Residents are required to keep front walk to the common walk, front porches and balcony areas clean and free of unsightly or hazardous items. Storage of dead and overgrown plants, trash, unsightly furniture, toys, bikes, etc. are not permitted.
• Residents may not plant any type of material in the front planter areas unless they elect to display a red-stake designating they will maintain the entire planter area in front of their unit. Red-stake designations must be approved by the property manager, or its designee, and comply with the guidelines set forth in the “Architectural Rules/Guidelines.”
• Planting of any type of vegetable plants or fruit trees in front planter area or in pots on front porches/planters or walkways is prohibited. All landscaping is to be of a decorative nature only. Residents’ plants are not permitted to grow onto any stucco or roof areas.
• Homeowners are responsible for maintaining the operation and clean appearance of their garage doors.
• Homeowners are responsible for maintaining mailboxes and electric meter boxes.
• The use of BBQ’s on upper balconies is a fire hazard and such use is prohibited.
• All windows, window screens and screen doors must be maintained in good condition. Torn, broken or rusty screens, windows or screen doors are not acceptable.
• The hanging of sheets, blankets, towels, foil, plywood, cardboard or like material in windows is prohibited.

Section 6 - Trash Disposal

• Trash may not be placed in alleyways for collection before 5:00 p.m. on the day before collection as specified in the rules of the Costa Mesa Sanitary District Regulations. Trash must be contained in such a manner that there is not overflow or disturbance of contents by such factors as wind, rain or animals. Trash cans must be removed from the alleyways by the end of the day trash is collected.
• . Trash may only be placed in the alleyways within city-provided trash containers. Any items that do not fit in the trash containers must be clearly labeled with the cityrequired large item pick-up form showing there is a scheduled pick-up. No items of any kind may be left in the alleyways for any reason.

Section_7_ - Garage and Estate Sales

No individual garage sales are to be held within Monticello. The Association will hold community garage sale days periodically throughout the year (every 3-6 months). Information will be published in advance. Any requests for exceptions must be submitted to the Board, in writing, for consideration at a regular Board Meeting. Board approval is also required prior to holding an estate sale in the community.

Section 8 – No Smoking Rules

For the health and safety of all residents and protection of the property, smoking is prohibited in all common areas of Monticello. This includes, but is not limited to, landscaped areas/lawns, walkways, 3. parking areas, recreational facilities, pool areas and the clubhouse. Smoking is also prohibited in owners’ patios, yards and balconies.

Smoking is only permitted inside owners’ dwelling units. However, residents must prevent smoke, fumes, or other products/by-products of smoking from exiting/escaping the residence into the common area or any neighboring residence, by air filtration systems, closing windows/doors, weather proofing window and door seals, or other such measures or devices. Smoking inside an owner’s residence may still be found to create a nuisance, in the discretion of the Board, if such smoking, fumes or other products/by-products thereof unreasonably interferes with any resident’s quiet use and enjoyment of the community. (CC&Rs Section 8.3)

“Smoking,” for purposes of this rule, is defined as the inhaling, exhaling, burning, or carrying of any lighted cigarette, electronic cigarette (or e-cigarette), cigar, pipe, personal vaporizer, or any other smoking/incendiary device that produces or expels smoke or vapor from a tobacco product, cannabis/marijuana, or other legal or illegal substance.

ARCHITECTURAL/LANDSCAPE GUIDELINES, POLICIES AND PROCEDURES

Section 1 - Purpose, Scope And Composition of The Architectural Review Committee

• Purpose: Maintain the desirable appearance of the community, eliminate unsightly deficiencies in appearance and ensure compliance with architectural rules and restrictions.
• Scope: The Architectural Review Committee (the “Committee”) has the functions and responsibilities prescribed by the CC&R's (Article VI) and by the Board of Directors (the “Board”) of the Monticello Community Association (the “Association”) in the carrying out of rules and regulations designed to enhance and protect the value, desirability and attractiveness of the Monticello community. Toward this goal, policies and procedures for guidance of residents, homeowners and the Committee are set forth in the following paragraphs, all as approved by the Board. It should be noted that some of these policies and procedures are in addition to those contained in the CC&R's.
• Composition: The Committee shall be appointed by the Board of the Association and shall be composed of three (3) or more volunteer homeowners and/or up to two (2) Board Members. In order to perform its functions effectively, volunteer membership in addition to the required minimum is encouraged.
• Review: The Committee shall review and approve or reject architectural changes to residences/lots proposed by homeowners, in compliance with the CC&Rs and these rules and guidelines.

Section 2 - Architectural Regulations And Limitations

• Prior Approval Required. Prior to commencing work on any proposed exterior addition or alteration, or change or alteration in or to any Dwelling Unit and/or Lot, the owner shall submit a completed architectural application, along with plans and specifications to the Architectural Review Committee for review. No work of improvements to an owner’s Dwelling Unit or Lot shall commence until after the owner has obtained the prior approval of the Committee. If prior approval is not obtained, then the owner may be required to remove the improvement and/or restore it to its original condition.
• Garage doors, rear entry and front doors, windows.
  1. Prior approval by the Committee is required prior to replacing a garage door, any exterior door of a dwelling unit, and/or windows.
  2. Painting and/or maintenance of garage doors are the homeowners’ 13. responsibility. Homeowners shall keep doors in good repair and clean. Any graffiti on doors shall be reported to the Costa Mesa Police Department for investigation and, if possible, a photograph should be taken. The city Graffiti Hotline can be reached at (714) 327-7491. The homeowner shall be required to wash or paint over the offending graffiti within the required 48 hours following police investigation. If the homeowner does not remove the graffiti within the required 48 hours, Monticello Community may do so and will charge the homeowner for the cost thereof, after notice and hearing.
  3. When a garage door is in need of being replaced, it shall be replaced with aluminum roll-up panel doors, regardless of whether the existing garage door is aluminum panel or not, containing no windows and be white in color. If unsure if a garage door meets these requirements, consult with management, the Board or the Committee prior to replacing.
  4. Overlay patch on a hole in a garage door is not acceptable.
  5. Any replacement of, or change in the style or color of, a front door or windows requires submission of an Architectural Improvement Application to the property management company for approval by the Committee or the Board of Directors.
  6. All broken windows must be replaced within ten (10) working days of written notification to the homeowner by Association.
  7. New doors must be painted white or a color that fits the aesthetics of the current color scheme.
  8. Front door screens and window screens must be kept in good condition. Broken, torn, rusty or sagging screens, sagging hinges, etc., must be repaired or replaced within ten (10) working days of written notification by Association. New screen doors shall be standard aluminum or white or black metal. Scroll pattern optional.
• Front Yards, Walks, and Landscape.
  1. For safety and aesthetic reasons, the cement walk from the front door to the common walk must be kept clean and free of unsightly or hazardous items by the homeowner or tenant. Any proposed covering of the walk shall be submitted to the Architectural Committee for approval before installation. If the existing covering is carpeting, ornamental tile or other element, this shall be kept in good condition.
  2. Regardless of redstake status, homeowners and residents may not plant any type of tree without written approval from the Landscape Committee.
  3. Fences, brick, or wood retainers in front of residences must be approved by the Committee and kept in good repair by the homeowner, and no higher than 36” in height. Any homeowner who has been approved for a fence in front of their unit that impedes the ability of the landscapers to easily access the front area, MUST also submit a red stake application and follow the provisions in the Red Stake Guidelines below
  4. No Committee approval is required for repair of gas lines, resetting of gas meter, or change of water lines, except irrigation lines.
  5. Mail boxes and electric meter boxes, including covers, must be kept in good repair by homeowner. No Committee approval is required for repair. Repainting must conform to building color. Front patio light fixture must be in good condition, free of debris and a standard size light fixture.
  6. Holiday lights and decoration on the exterior of the building must be removed by the 15th of the month following the holiday. Any decorative lighting other than the front patio light must be approved by the Architectural Committee.
  7. Red Stake Guidelines for Front Planter Areas. Homeowners may choose to maintain their front planter area in accordance with the Monticello Landscape “Red Stake” Program and in compliance with the landscape guidelines set forth below. Removal of existing Association plantings, hedges bushes or ground cover by owner/tenant prior to obtaining approval and signing the landscape agreement could result in a fine up to $100 or the value of the removed material, after notice and hearing.
     • A detailed description of your plans must be submitted to the property manager on the Landscape Maintenance Agreement application (“Application”) and approved by the Landscape/Architectural Committee prior to planting.
     • A red stake, provided by Monticello, will be placed near the entry steps of your unit. The red stakes are a visible indicator to the landscape company that the homeowner maintains all of the plants at their unit.
     • You will have thirty (30) days after approval of your Application to complete your work. If approved work is not completed within thirty (30) days, maintenance of your yard will revert to the landscape company.
     • Only properly licensed contractors may perform work in an owner’s red stake area, for both hardscape and softscape/landscape improvements. Owners’ contractors shall also be insured by maintaining a general liability and property damage policy with minimum coverage limits of $1 million, which policy shall also name the Association as an additional insured. Owners shall provide the Association with proof of their contractor’s licensing and insurance (along with the endorsement naming the Association as an additional insured) prior to any work being performed by the contractor in the red stake area and/or upon request by the Association.
     • Once approved, the homeowner/tenant must maintain the yard regularly, in good condition. The landscape company will not maintain a red-staked yard except for ensuring proper irrigation. This includes keeping all landscaping (hard or soft) free from over-growth, weeds, insects, dead items, empty pots, trash, and any other miscellaneous debris. The Association is not responsible for any damage to an owner’s landscaping due to irrigation maintenance, repair and replacement.
     • Landscaping (hard or soft) must stay clear of walkways, may not be attached or adhered to the exterior of your home, and may not block access to your front door or windows. Fences require an Application and must become a red stake unit. No storage of any kind, including recreational/play equipment, bikes and any furniture items that are not meant for outdoors, is permitted on or around patio area.
     • Existing trees and shrubs, maintained by the owner, may not be any taller than seven (7) feet and any that are taller than three (3) feet must be at least two (2) feet away from the building. Planting of new trees is not permitted. Up to four (4) potted plants at any one time are allowed on any front patio or planter area if red staked. Plants are to be in planter pots that are for plants only.
     • Any hardscape that you wish to install must be approved in advance by the Architectural Committee.
     • Monthly inspections by the Association may be conducted to identify yards that are not being properly maintained. Homeowners not maintaining their yards in accordance with these rules will be given notice and, if not corrected, may be removed from the program.
     • If a homeowner chooses to withdraw from the Red Stake Program, or if a homeowner who is not maintaining the yard is removed from the Red Stake Program following notice from the Association as described in subparagraph (h) above, costs of returning the landscaping to acceptable community standards shall, following notice and hearing, be assessed to the owner's account.
     • Owners shall be responsible for the cost to repair damage to any underground utilities, including but not limited to irrigation and other pipes, caused by or related to owner’s installation, maintenance, repair, removal and/or replacement of any improvements located in the red stake area, after notice and hearing.
     • These guidelines and requirements set forth above are intended to be in addition to and supplement any other red stake guidelines, policies and/or agreements. In the event of a conflict, the provisions of the rules and requirements set forth herein, shall govern.
• Balconies and Porches. Balconies and porches must be maintained, cleaned and kept in good repair by the homeowner. No storage of any kind, including recreational/play equipment, bikes and any furniture items that are not meant for outdoors, is permitted on any balcony or front porch area.
• Patios. Prior approval by the Architectural Committee is required before making changes to an owner’s patio, including but not limited to an existing cover or installing a new patio cover.
  Patio fences are the responsibility of the homeowner. Any changes or modifications must be approved, in advance, by the Architectural Committee. All construction must comply with the Uniform Building Code and all City Codes.
  1. Any cover added to the patio shall not be higher than the abutting garage eaves.
  2. Patio covers or extensions may not be attached in any way to the roof.
  3. Recreational/play equipment, indoor furniture, bikes and/or items that do not belong outside are prohibited in any patio area. Hoses are to be kept in neat order in a hose box or wrapped neatly on patio areas.
• Roofs. The Association is responsible to maintain, repair and replace the roofs of the dwelling units. For this reason, air conditioners, sky lights, etc., are not permitted on any roof. Air conditioner units may not be installed in windows or cutouts in walls. If a homeowner wishes to install Central Air Conditioning, they are required to submit an Architectural Improvement Application and obtain the prior approval of the Architectural Committee.
• Antennas & Satellite Dishes. Installation of antennas and satellite dishes is allowed. Satellite dish size may not exceed 36” in diameter. Satellite dishes and antennas may be installed in rear patios or on the roofs of the units/garages, so long as they do not in any way damage the roofing material which could void the warranty on the entire building. Owners will be held responsible for all costs related to damages caused from the installation, including but not limited to roof, stucco water intrusion and all interior damages. Homeowner is responsible for removing any existing satellite dishes that are not in working condition.
• Gutters and Downspouts. It is the responsibility of the homeowner to keep all gutters and downspouts in good condition and repair, and the color shall match the color of the unit. If a homeowner wishes to install or replace gutters and/or downspouts on their unit, they are required to submit an Architectural Improvement Application and obtain prior approval from the Architectural Committee prior to the start of any work.
• Solar Energy Systems.
  1. Association Approval Requirements Generally. Before an Owner may install a Solar Energy System (“SES”), as defined below in the project (including on a roof), the Owner must (i) submit to the Association an architectural application, plans and specifications, and a solar site survey as described below if the proposed SES will be installed on the roof, all prepared in compliance with this Policy, (ii) receive prior written approval of the Association’s Board of Directors, and (iii) comply with all conditions of approval, including the signing of a recordable covenant as described below.
  2. Solar Energy System-Defined. For purposes of this Solar Energy Policy, a “Solar Energy System” (“SES”) means either of the following:
     • Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
     • A structural design feature of a building with a primary purpose to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling or for water heating. See California Civil Code Section 801.5(a).
  3. Solar Site Survey. The applicant must submit a solar site survey showing the placement of the proposed SES prepared by a licensed contractor or the contractor’s registered salesperson knowledgeable in the installation of solar energy systems to determine usable solar roof area. This survey or the costs to determine usable space shall not be deemed as part of the cost of the SES as used in Section 714. The solar site survey shall also include a determination of the equitable allocation of the usable solar roof area among all Owners sharing the same roof.
  4. Neighbor Notification. The applicant shall notify each Owner of a Unit in the building on which the installation will be located of the application to install a SES.
  5. Recordable Covenant. The Owner must enter into a Covenant agreement, in a form acceptable to the Association, and prepared by the Association at the Owner’s expense, generally providing for, without limitation, the following:
     • The Owner’s obligation to maintain, repair, and replace the SES, and if the Owner fails to do so, the Association’s right, but not obligation, to perform such maintenance, repair, and replacement and charge the cost thereof to the Owner, or to remove the SES from the roof at the Owner’s cost;
     • The Owner’s obligation to remove the SES, at the Owner’s cost, upon the Association’s request when reasonably necessary to facilitate the Association performing its maintenance, repair, and replacement responsibilities respecting the Common Area/Association Property, and the Owner’s obligation to reinstall the SES at Owner’s expense pursuant to the terms and conditions of this Policy;
     • The Owner’s responsibility for damages or other liability arising from installation, maintenance, use, repair, or replacement of the SES;
     • The Owner’s obligation to indemnify, defend, and hold harmless the Association, its directors, officers, members, and agents, etc., in connection with any claims or damages arising from installation, use, maintenance, repair, or replacement of the SES;
     • That the Owner shall maintain insurance, with minimum coverage limits required by the Association, providing coverage for liability arising from the SES, and naming the Association, its directors, officers, and managing agents as additional insureds thereunder (if reasonably available);
     • The Association may require any mortgagee or senior lien holder on the Unit to enter into a subordination agreement subordinating its interest to the Covenant agreement. As an alternative, the Association may require the Owner to post a bond or similar security interest to cover the cost of removing the solar energy system and restoring the affected areas in the event of a foreclosure sale of the Unit;
     • The Covenant shall be recorded in the Orange County Recorder’s Office against the Owner’s Unit and bind subsequent Owners of the Unit.
  6. Indemnification by Installer. The installer of the SES shall be required to enter into an indemnity agreement with the Association (in a form acceptable to the Association) agreeing to indemnify and reimburse the Association or its members for loss or damage arising from the installation, maintenance, or use of the SES, and also agreeing to name the Association and its managing agent as additional insureds under the installer’s insurance policies, with minimum coverage limits acceptable to the Association, in connection with the installer’s installation of the SES.
  7. Inspection. The area where the SES is proposed to be installed will be inspected before and after the installation, at the Owner’s expense, for the purpose of determining whether any Association maintained property has been damaged in the course of installation of the SES. Also, the Association may require, at the Owner’s expense, periodic inspections of the roof (e.g., once every 3 years or otherwise as recommended by a roofing consultant) and any SES penetrations to ensure the roofing system continues to perform as intended and to avoid any detrimental impact from the SES.
  8. Material Standards. The SES must comply with the material standards and specifications set forth below:
     • Solar panels installed on a roof shall, to the extent feasible, be integrated into the roof design, flush with the existing roof slope, and panels and frames must be colored to match or complement the roof;
     • Natural aluminum frames are not permitted;
     • All efforts should be made to locate the solar panels so that they are screened from view from the street and neighboring properties;
     • Supports for solar equipment shall be enclosed and screened from view;
     • All mechanical equipment exposed to the exterior shall be located in a manner which minimizes visual impact and shall be painted to match the color of the adjacent surface;
     • Wiring shall be housed in conduit painted to match the adjacent surface.
  9. Plans and Specifications. The plans and specifications for the SES must include, at a minimum, the following:
     • Details on all components of the SES system, proposed locations of all components, and description of how the components will be installed and particularly in relation to existing roof components;
     • Drawings/plans/renderings/elevations “illustrating” the SES components (including, without limitation, materials, shape, dimensions, color, etc.) and locations where the components will be installed;
     • Any other information the Association may require.
     Also, the Owner may be required to submit architectural review fees if the Association is required to incur additional costs to consult with an expert in solar energy systems or roofing to assist in reviewing the architectural application or the solar site survey. Any such additional fees shall be a cost pass-through to the Owner of actual costs incurred.
  10. System Requirements. Each Owner or applicant seeking to install an SES must provide, concurrently with submission of the architectural application, proof of compliance with the following standards:
      • The SES shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities;
      • An SES for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agencies. SRCC is a non-profit third party supported by the United States Department of Energy. The Certification shall be for the entire Solar Energy System and installation;
      • An SES for producing electricity shall also meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. See California Civil Code Section 714(c).
  11. Relocation/Reconfiguration. The Association may require relocation, reconfiguration or substitution of an alternative SES in accordance with applicable law.
  12. Unauthorized Installations. Any Owner who installs or seeks to install an SES without the prior written permission and approval of the Association shall be responsible for all costs incurred to remove, relocate, or modify the SES, and restore the affected areas, including attorneys’ fees and court costs, in addition to all other remedies available to the Association at law or in equity.

Section 4 – Approval Procedures for Architectural Changes

• An “Architectural Improvement Application" together with plans and specifications showing the nature, shape, dimensions, color, materials, and location of the proposed project shall be submitted in duplicate to Monticello's management company. Forms are available from Monticello’s management company. All City Codes must be followed as required by the Costa Mesa Building Department.
• Committee Review. Plans and specifications for a proposed improvement shall also be submitted to the Architectural/Landscape Committee for review. Once a final and complete submittal package is received by the Association, the Architectural Committee’s decision shall be delivered in writing to the applying owner within 45 days after receipt.
  If the application is denied and returned for revision, the forty-five (45) day time limit for review will begin again once a revised and complete application/submittal package is received from the owner.
  The Committee will return to the homeowner one copy of the application and plan indicating its approval, disapproval or request for changes. One copy of the documents will be retained for the Committee's files. If disapproved, then the reasons for such denial shall be explained to the owner and the procedure for reconsideration by the Board shall be included.
• Appeal to the Board. If an architectural application is denied, then the owner may appeal such denial to the Board of Directors by submitting a written request to the Board within 15 days from the date of the written denial by the Architectural Committee. Thereafter, the Board shall consider the appeal at an open meeting of the Board and render its decision on the appeal, in writing to the owner, within 45 days after receipt of such written appeal request. (Civil Code Section 4765)
• No work may be started on a project requiring approval until a fully approved copy of the proposal is received by the homeowner from the Architectural Committee.
• It is the homeowner's responsibility to see that the work is performed in strict compliance with the approved plans and specifications. If not, then the work/improvement may need to be removed at the owner’s cost.
• The Committee’s approval of a proposed project will be valid for ninety (90) days after written notice thereof. If the project is not started within ninety (90) days, an extension will be required from the Committee before proceeding with the project
• Once commenced, owners shall have thirty (30) days to complete the work. If more time is required to complete the project, then a written request must be made to and approved by the Board, and an extension of up to 30 additional days may be granted for good cause shown, as determined by the Board.

COMPLIANCE POLICY AND FINE SCHEDULE

Section 1 – Basic Policy On Fines And Enforcement; Reporting Alleged Violations

The primary objective of this Compliance Policy is to promote and seek voluntary compliance by owners and residents with the Association’s Governing Documents, and, if necessary, obtain an owner’s compliance should the owner fail or refuse to comply voluntarily. The term Governing Documents as used in this Policy includes the Association’s Rules and Regulations, Architectural Guidelines, Bylaws, Articles of Incorporation, and recorded Declaration of Covenants, Conditions, and Restrictions, all as amended and supplemented from time to time, and any other policies, rules, and procedures the Board adopts. The Association may, in its discretion, pursue any one or combination of remedies in any order, including proceeding with fine proceedings, suspension of privileges, implementing correction of the violation when authorized by the Governing Documents or California law, vehicle tow-away, alternative dispute resolution, legal action, or any other authorized remedy if the Board determines such action is appropriate. All available remedies are cumulative and not exclusive.

A report of an alleged violation of the Association's Governing Documents may be submitted to the Association's management company by any owner, including any owner serving on the Board or an Association Committee, or by management, or an Association vendor. The Board, in its discretion, also may consider a report of a violation received from any other person. Such a report shall constitute a "complaint" and should, preferably, be in writing. The complaint should clearly state the facts and circumstances describing the alleged violation. Enforcement action also may be taken as a result of an oral report (presented by telephone or in person), which shall be documented in the file for future reference; provided, however, the Association, in its discretion may refuse to take action based upon only an oral (non-written) report.

Section 2 - Initial Courtesy Letter

A courtesy letter may be sent by management requesting the owner and/or resident’s voluntary cooperation. Such notice shall describe the noncomplying condition and request that the owner and/or resident correct the condition within a reasonable time specified in the notice.

Section 3 - Violation Letter/Hearing Procedures

If an initial courtesy letter is sent and the owner and/or resident does not correct the violation, or if the Board determines, in its discretion, to proceed with a hearing violation letter as the first notice, the Board may impose a monetary penalty (fine), suspend membership privileges, and/or determine to implement corrective maintenance when authorized by the Governing Documents or California law and thereafter charge the owner for the costs incurred, after the owner is provided notice of an opportunity to attend a hearing on the matter.

Section 4 - Hearing Procedures

The following procedures shall apply to hearing proceedings: (i) not less than ten (10) days notice of the hearing date shall be provided; (ii) notice shall be mailed (via first-class mail); (iii) the hearing shall be conducted in Executive Session, unless the owner requests the hearing to be held in open session, according to such reasonable rules and procedures the Board may prescribe; (iv) the owner shall have the right to present oral and written evidence at the hearing; (v) no disciplinary action against the owner shall take effect prior to five (5) days after the hearing; and (vi) within fifteen (15) days after the hearing, the Board’s written decision shall be provided to the owner and shall specify the disciplinary and/or corrective actions and/or fine or penalties levied, and shall be delivered to the owner by first-class mail.

Section 5 - Internal Dispute Resolution (“IDR”)

If the violation is not cured, after notice and hearing, then the Association may proceed with "meet and confer" procedures pursuant to Civil Code Section 5915, to gain the owner's compliance.

Section 6 – Legal Action

If the violation is not cured after Internal Dispute Resolution is offered, the matter may be turned over to the Association's attorney to commence legal action (alternative dispute resolution and/or litigation). Depending on the nature and severity of the violation or other special circumstances, the Board may refer the matter to legal counsel at any time during the enforcement process and forego any of the processes outline above.

Section 7 - Fine Schedule

In addition to any other disciplinary action authorized by the governing documents, the Board of Directors may levy a monetary penalty (fine) after notice and hearing in accordance with the schedule below for violations of the Governing Documents.

First Violation: $100.00

Continuing Violation (second occurrence/hearing) $150.00

If a violation is not cured or re-occurs within 6 months, then each subsequent fine imposed may be increased by $50 from the previously imposed fine.

A continuing violation is one that is not cured, after notice and hearing, or the same violation that re-occurs within 6 months of the same violation.