SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 1818 BROADWAY

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3 Law Offices of Ann Rankin 3911 Harrison Street San Francisco, CA SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 1818 BROADWAY If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.

4 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS... 1 ARTICLE 2 OWNERSHIP AND EASEMENTS Ownership of Units Ownership of Common Area No Separation of Unit from Common Area Owners Easement over Common Area Common Area Association s Right of Entry Exclusive Use Common Area Utility Easements Encroachment Easements Partition Prohibited... 8 ARTICLE 3 USE RESTRICTIONS Activities Affecting Insurance Alterations to Units and Exclusive Use Common Area Antennas and Satellite Dishes Balconies and Decks Clotheslines Combination of Units Common Area Restrictions Jacuzzi Whirlpool Baths Noise Abatement Nuisance Parking and Vehicle Restrictions Pets Power Equipment and Car Maintenance i

5 3.14 Residential Use Right to Lease Signs Smoking Prohibition Trash Disposal Water Beds Window Treatment ARTICLE 4 MAINTENANCE OBLIGATIONS Maintaining Common Area and Improvements Maintaining Units Maintaining Exclusive Use Common Area Failure to Maintain Unit and/or Exclusive Use Common Area Damage to Common Area or Exclusive Use Common Area Caused by Owner Damage to Units Caused by Owner ARTICLE 5 ARCHITECTURAL CONTROL Alteration Requiring Prior Approval Alteration Not Requiring Prior Approval Architectural Standards Submission of Plans and Specifications Board Response Completion Inspection Non-Compliance Estoppel Certificate Liability Compliance with Governmental Requirements ii

6 ARTICLE 6 ASSESSMENTS AND RESERVES Procedure for Establishing Regular Assessments Accounting Treatment of Reserves Limitations on Use of Reserves Special Assessments Allocation of Assessments Reimbursement Assessments Non-Waiver of Assessments; No Offsets Assessment Due Date Delinquent Assessments; Late Charge and Interest ARTICLE 7 ENFORCEMENT OF ASSESSMENTS; LIENS AND FORECLOSURE Right to Enforce Assignment of Rents Notice to Delinquent Owner Owner Disputes Delinquency Informal Dispute Resolution as applied to Assessment Dispute Alternative Dispute Resolution as applied to Assessment Dispute Creation of Lien Enforcement of Lien and Foreclosure Waiver of Homestead Protections ARTICLE 8 DISPUTE RESOLUTION AND ENFORCEMENT Enforcement of Governing Documents Informal Dispute Resolution: Notice and Hearing Formal Dispute Resolution iii

7 ARTICLE 9 INSURANCE; DAMAGE AND DESTRUCTION; CONDEMNATION; PARTITION Best Efforts to Obtain and Maintain Insurance Policies Named Insured Underwriter Certificate of Insurance Authority to Negotiate and Adjustment of Losses Contribution Term General Provisions Types of Insurance Policies Owner s Insurance Policies Notice of Lapse, Cancellation or Change in Association Insurance Policies Material Damage or Destruction Owners Vote Not to Rebuild Damage or Destruction Not Considered Material Substantially Full Insurance Settlement Emergency Repairs Notice Condemnation Power of Attorney ARTICLE 10 MORTGAGE PROTECTION Validity of Mortgage Lien Notice to Eligible Mortgagees and Eligible Insurers and Guarantors Notice of Condemnation or Destruction Limitation on Right of First Refusal Priority as to Proceeds and Awards iv

8 10.6 Consent by Mortgagees to Amendments Restrictions on Certain Changes Consent to Terminate Legal Status of Development ARTICLE 11 AMENDMENT OR REVOCATION Approval Required for any Action Effective Date of Amendment ARTICLE 12 GENERAL PROVISIONS Term of Declaration Binding Effect Conflict Headings Gender and Number Severability No Discrimination Construction of Provisions Successor Statutes Notification of Sale and Documents to be given to Subsequent Owner v

9 SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 1818 BROADWAY This Second Amended and Restated Declaration of Covenants, Conditions and Restrictions of 1818 Broadway ( Declaration ) is made by the 1818 Broadway Condominium Homeowners Association ( Association ), a California mutual benefit corporation, pursuant to California Civil Code Section 4270 and Section 10.4 (Amendments) of the Restated Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium Ownership of 1818 Broadway recorded on August 13, 2003, as Document No H511615, as amended by the First Amendment thereto recorded on June 6, 2008, as Document No I and the Second Amendment thereto recorded on May 13, 2010, as Document No I966160, all in the Official Records of the City and County of San Francisco, State of California ( First Restated Declaration ). Upon recordation, this Declaration supersedes and replaces in its entirety the First Restated Declaration. RECITALS A. WHEREAS, the Association is a membership organization comprised of the Owners of all twenty-one (21) residential Units, of which two (2) are combined Units, located at the Development. B. WHEREAS, the Members of the Association desire to amend and restate the restrictions heretofore adopted under a general plan of improvement for the benefit of all of said Units and Common Area and the Owners thereof. C. NOW, THEREFORE, the Association hereby declares that the Development, as defined below, shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of providing a means of managing the Development and of protecting the value and desirability of, and which shall run with, the Development and be binding on all parties having any right, title or interest in the Development or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. ARTICLE 1 DEFINITIONS 1.1 Additional Charges means any late charges, interest and all other costs that are incurred by the Association or its authorized agent or representative in the collection and/or enforcement of the payment of assessments, fines or penalty payments, including reasonable attorneys fees. 1.2 Alteration means the construction, installation, remodel, repair, replacement, demolition and/or change in any Improvement or change in the color, tone, intensity, shade or hue of any Improvement. 1.3 Articles means the Articles of Incorporations of 1818 Broadway Condominium Homeowners Association, as amended from time to time. 1.4 Association means the 1818 Broadway Condominium Homeowners Association, a California mutual benefit corporation, its successors and assigns. 1

10 1.5 Association Rules means the rules and regulations adopted and amended by the Board from time to time regulating the general management and operation of the Development, the conduct of the business and affairs of the Association, and the use and enjoyment of the Common Area, including the Architectural Standards, as defined in Section 5.3. The Association Rules also means the rules and regulations entitled Helpful Hints and any amendments thereto. 1.6 Board or Board of Directors means the governing body of the Association. 1.7 Bylaws means the Bylaws of 1818 Broadway Condominium Homeowners Association, as amended from time to time. 1.8 Common Area means the Development and all Improvements thereon, excluding the Units. Common Area may include, without limitation, land; landscaping (including any garden areas); Parking Areas; Decks; Storage Areas; elevators; lobby; laundry rooms; trash rooms; bearing walls; exterior walls; columns; beams; sub-floors; unfinished floors; roofs; foundations; stairways not located within a Unit; hallways which provide access to Units and other Common Areas; life safety equipment (not located within a Unit); those portions of reservoirs, tanks, pumps, motors, ducts, flues, chutes, conduits, pipes, plumbing, wires and other utility installations lying within the Development or contained within and immediately surrounded by that portion of any structure or space which is defined herein as a part of the Common Area (as required to provide power, light, telephone, cable television, gas, water, sewage, drainage, heat and air conditioning service), except that any air heating, air conditioning and water heating equipment and outlets thereof, which are a part of a discrete and complete system serving only one Unit shall be a part of such Unit; sprinklers, sprinkler pipes, and sprinkler heads which protrude into the airspace of a Unit; and any central television antenna. 1.9 Common Expenses means actual and estimated expenses of operating the Development and any reserve for such purposes as found and determined by the Board to be reasonable together with all other sums designated as Common Expenses by or pursuant to the Governing Documents Condominium means an estate in real property, as defined in California Civil Code Section 4125, consisting of an undivided interest in the Common Area together with a separate fee interest in a Unit and any other easement interests in the Development as may be described in this Declaration, the Condominium Plan or the deed conveying the Condominium Condominium Building means the structure containing the Units Condominium Plan means the diagrammatic floor plan depicting all Units located within the Development, which identifies each Unit, establishes its dimensions pursuant to California Civil Code Section 4285 and is attached to the Map County means the County of San Francisco, State of California CPI means the Consumer Price Index (1982/84=100) for all Urban Consumers published by the United States Labor, Bureau of Labor Statistics for the San Francisco/Oakland area or any successor entity thereto. 2

11 1.15 Declaration means this Second Amended and Restated Declaration of Covenants, Conditions and Restrictions of 1818 Broadway, including any subsequently recorded amendments Development means all of the real property shown on the Map and all Improvements situated therein or thereon, including the Units, Common Area and easements Eligible Insurer or Guarantor means an insurer or governmental guarantor of a First Mortgage who requests notice of certain matters from the Association in accordance with Section Eligible Mortgagee means a Mortgagee of a First Mortgage who requests notice of certain matters from the Association in accordance with Section Exclusive Use Common Area means portions of the Common Area designated to exclusively serve an Owner s Unit, including windows, window boxes, window screens, sliding glass doors, internal and external telephone wiring, gates, exterior stairs leading exclusively to a Unit, exterior doors, door frames and hardware incident thereto. The Exclusive Use Common Area shall also include the following: (a) Balcony means the portion of the Common Area designated on the Map as B- followed by the Unit number to which it is appurtenant. The perimeter boundaries of each Balcony are to the interior unfinished surfaces of the fences and/or railings and to the exterior finished surfaces of any Common Area walls enclosing the Balcony. The vertical boundaries of each Balcony are to the interior unfinished surface of the floor and to a horizontal plane extended from the ceiling of the Unit which adjoins the Balcony. (b) Deck means the portion of the Common Area designated on the Map as D- followed by the Unit number to which it is appurtenant. The perimeter boundaries of each Deck are to the interior unfinished surfaces of the fences and/or railings and to the exterior finished surfaces of any Common Area walls enclosing the Deck. The vertical boundaries of each Deck are to the interior unfinished surface of the floor and to a horizontal plane extended from the ceiling of the Unit which adjoins the Deck. (c) Parking Area means the portion of the Common Area designated on the Map as P- followed by a number and deeded to the Unit to which it is appurtenant. The perimeter boundaries of each Parking Area are to the interior finished surfaces of the walls and, where there are no walls, to a vertical plane extended upwards from the lower dimension lines shown on the Condominium Plan. The vertical boundaries are to the finished surface of the ground and the interior finished surface of the ceiling or to a horizontal plane seven (7) feet above the finished floor. (d) Storage Area means the portion of the Common Area designated on the Map as S- followed by a number and deeded to the Unit to which it is appurtenant. The perimeter and vertical boundaries of each Storage Area are to the interior unfinished surfaces of the doors, walls, floor and ceiling. The existing physical boundaries of a Storage Area as originally constructed or as reconstructed in accordance with the original construction design shall be conclusively presumed to be its boundaries FHLMC means the Federal Home Loan Mortgage Corporation or any successor entity thereto. 3

12 1.21 First Mortgage means any mortgage or deed of trust which has first priority over all other mortgages or deeds of trust, if any, which encumber, in whole or in part, the same Condominium. For purposes of this definition, the fact that the lien of a First Mortgage is inferior to mechanics liens, tax liens, easements and similar limited interests held by government entities, public utilities and the like does not deprive such lien of first priority as such term is used herein FNMA means the Federal National Mortgage Association or any successor entity thereto Governing Documents means the Bylaws, this Declaration, and the Association Rules, as each may be amended from time to time Improvement means everything constructed, installed or planted on real property, including without limitation, buildings, fences, walls, obstructions, balconies, patios, screens, tents, awnings, carports, carport covers, structures, streets, paving, pipes, wires, grading, landscaping and other works of improvement as defined in California Civil Code Section 3106, excluding only those improvements or portions thereof which are dedicated to the public or a public or quasi-public entity or utility company, and accepted for maintenance by the public, such entity or utility company Invitee means any person whose presence within the Development is approved by or is at the request of the Association or a particular Owner, including, but not limited to, lessees, tenants, and the family, guests, employees, licensees or invitees of Owners, tenants or lessees Lines means wires, cables, pipes, conduits and ducts that provide a utility service or function Major Components means the major components of the Common Area and of any other Improvements, facilities or personal property which the Association is obligated to repair, replace, restore or maintain. Major Components shall be identified in the Association s reserve study and shall be updated as needed by the Board and/or reserve study or reserve budget preparer Management means the Association s management company Map means that certain map entitled Map of 1818 Broadway, a Condominium Project, filed for record on June 2, 1981, in Condominium Map Book 17 at Pages 94 through 97, inclusive, in the Official Records of the City and County of San Francisco, State of California Materially Damaged means any damage for which the cost of repair or reconstruction, as determined by bids solicited and obtained from at least two (2) licensed contractors selected by the Board, is equal to or greater than One Million Dollars ($1,000,000.00) as adjusted by a fraction whose numerator is the CPI last published as of the date of such damage or destruction and whose denominator is the CPI last published as of the date of recordation of this Declaration Member means an Owner whose voting rights have not been suspended pursuant to Section 8.1 (Enforcement of Governing Documents). 4

13 1.32 Mortgage means a mortgage or deed of trust encumbering a Condominium Mortgagee means a beneficiary of or holder of a beneficial interest in a deed of trust as well as a mortgagee Mortgagor means a trustor of a deed of trust, as well as a mortgagor Owner means each person or entity holding a record ownership interest in a Unit and contract purchasers under recorded contracts of sale. Owner shall not include persons or entities that hold an interest in a Condominium merely as security for the performance of an obligation nor shall it include a lessee or tenant holding a possessory interest Regular Assessment means an assessment levied against all Owners to cover the cost of maintaining, improving, operating and managing the Development and reserves therefor, as more fully described in Section 6.1 of this Declaration Reimbursement Assessment means an assessment levied against an Owner to reimburse the Association for all expenses incurred in taking action to enforce the Governing Documents, as more fully described in Section 6.6 of this Declaration Special Assessment means a supplemental assessment levied against all Owners when the total amount of funds necessary to defray Common Expenses is determined to be inadequate, as more fully described in Section 6.4 of this Declaration Unit means each separate interest shown, numbered and designated on the Condominium Plan, consisting of the space bounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, fire boxes, windows, window frames, doors and door frames of each Unit. Paint, paper, paneling outlets, stain, tile, carpet and other finishes are considered part of the Unit. The vertical boundaries of any two-story Unit shall be the unfinished surface of the floor of the lower level to the unfinished ceiling of the lower level, the unfinished surface of the upper level floor to the unfinished surface of the ceiling of the upper level, and any opening (e.g. stairway) which connects the two levels. The area between the unfinished surface of the ceiling of the lower level and the unfinished surface of the floor of the upper level (other than that area which is part of the stairway) shall be Common Area. In addition, each Unit includes any air heating, air conditioning and water heating equipment, and outlets thereof wherever located, which are part of a discrete and complete system intended to serve only such Unit. A Unit does not include, however, any bearing wall or other structural member necessary to the support or adequate rigidity of any portion of the Common Area or any other Unit, except that any finished surface of such bearing wall or structural member which faces a Unit shall be a part of such Unit. In interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its original state or as reconstructed in substantial accordance with the original plans and specifications therefor, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in such deed or plan, regardless of settlement or lateral movement of the Condominium Building and regardless of minor variance between the boundaries shown on the plan or deed and those of the Condominium Building. 5

14 ARTICLE 2 OWNERSHIP AND EASEMENTS 2.1 Ownership of Units Title to each Unit shall be conveyed in fee to an Owner. 2.2 Ownership of Common Area Each Owner shall have an undivided interest in the Common Area in the percentages described in Section 6.4(c) below. 2.3 No Separation of Unit from Common Area Each Owner s right to use the Common Area is appurtenant to that Owner s Unit. Any transfer of a Unit shall automatically transfer the right to use the Common Area regardless of whether the instrument of transfer references the Common Area. 2.4 Owners Easement over Common Area By reference to this Declaration, each grant deed to a Unit shall be deemed to be conveyed with the benefit of, and subject to, all applicable easements set forth in this Article 2, regardless of whether the instrument of transfer references all applicable easements. The easements described in this Article 2 shall not be transferred or encumbered separately from the Unit to which they are appurtenant. 2.5 Common Area Every Owner shall have a non-exclusive right and easement for the ingress, egress, use and enjoyment of the Common Area which shall be appurtenant to and shall pass with the title to every Condominium, subject to the following provisions: (a) The right of the Board, after notice and hearing, to suspend an Owner s right to use any Common Area facilities; (b) The right of the Association to grant an exclusive use easement to an Owner for an Exclusive Use Common Area; (c) The right of the Association to grant, convey and dedicate fee title to or easements over all or any portion of the Common Area; and (d) Any easement which affects the Common Area. 2.6 Association s Right of Entry Each Unit and Exclusive Use Common Area shall be subject to the right of the Association or its agents to enter for the purpose of inspection, obligations, and duties under this Declaration, including to enforce such obligations or duties, with regard to maintenance or repair of any components or facilities as provided in this Declaration (whether the Association s or Owner s responsibility), upon twenty-four (24) hours notice to the Owner (or less, if urgency is necessitated by an emergency situation). Notice to a resident may be in written or verbal form. No notice is required prior to entry in case of an emergency originating in, or threatening the Common Area or a Unit, whether or not the resident is present. Each Owner must notify the 6

15 Association of any maintenance problem or any hazardous or unsafe condition that exists in that Owner s Unit or Exclusive Use Common Area. The Association shall not be deemed negligent for failure to address a problem which was not brought to the attention of the Board in a timely manner or for any situation where an opportunity to take action upon the problem was not reasonably provided to the Association. 2.7 Exclusive Use Common Area Subject to Section 2.6 (Association s Right of Entry), each Owner shall have exclusive use of the Balcony, Parking Area, Deck and Storage Area set forth in the grant deed conveying that Owner s Unit. 2.8 Utility Easements The rights and duties of the Owners with respect to sanitary sewer, water, cable television, electricity, gas and telephone Lines and facilities and heating and air-conditioning facilities shall be as follows: (a) Whenever sanitary sewer, water, cable television, telephone, electricity, satellite, gas, heating or air-conditioning conduits, ducts or flues ( Connections ) are installed within the Development, which Connections, or any portion thereof, are situated in, on, above, under, through, or across any portion of the Development, including but not limited to any Unit, Exclusive Use Common Area, or Common Area, the Association, or its agent, contractor, or employee, shall have the right and non-exclusive easement to access any portion of the Development (including, but not limited to any Unit, Exclusive Use Common Area, or Common Area) to the full extent necessary to repair, replace and generally maintain such Connections. The Association shall provide at least seventy-two (72) hours notice if access to a Unit or Exclusive Use Common Area is necessary for such maintenance work, except in the event of an emergency, in which case the Association, or an Owner, may access the Unit or Exclusive Use Common Area at any time with no prior notice in order to address the emergency situation, including, but not limited to, turning off any Connection. (b) Whenever sanitary sewer, water, cable television, telephone, electricity, satellite gas, heating or air-conditioning conduits, ducts or flues are installed within the Development which Connections serve more than one Unit, the Owner of each Unit served by said Connection shall be entitled to full use and enjoyment of such portions of said Connections as service his or her Unit. (c) Whenever internal and external telephone, cable or satellite wiring for a Unit, or any portion thereof, lies in or about the Development, the Owner of the Unit served by such wiring shall be entitled to reasonable access to the Development for the purpose of maintaining such wiring. Said access shall be subject to the consent of the Board whose consent shall not be unreasonably withheld and which may include the Association s approval of telephone wiring upon the exterior of the Common Area and other conditions as the Board determines reasonable. In the event of a dispute between Owners with respect to the repair or rebuilding of the above-described Connections or with respect to the sharing of the cost thereof, then, upon request of one of such Owners addressed to the Association, the matter shall be submitted to the Board who shall hold a hearing and decide the dispute and the decision of the Board shall be final and conclusive upon the parties. 7

16 2.9 Encroachment Easements In interpreting deeds and the Condominium Plan, the existing physical boundaries of a Unit shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or Condominium Plan. As such, each Unit within the Development is hereby declared to have an easement over all adjoining Units and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, movement, settlement or shifting of any building or any similar cause. In addition, each Unit is subject to such encroachments by the Common Area as may now exist or may hereafter be created by any of the causes referred to in this Section. There shall be valid easements for the maintenance of said encroachments as long as they shall exist and the rights and obligations of the Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of such Owner or Owners. In the event a structure is partially or totally destroyed and is then repaired or rebuilt in substantially the same manner as originally constructed, the Owners of each Condominium agree that minor encroachments over adjoining Units or the Common Area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. In Units where air conditioning equipment is installed, an easement over the Common Area into which the air conditioning equipment encroaches shall exist for the purpose of maintenance, replacement and repair of said equipment Partition Prohibited Except as provided in California Civil Code Section 4610, there shall be no judicial partition of the Development or of any part thereof. Each Owner, and each successor of each Owner, specifically waives and abandons all rights, interests and causes of action for judicial partition of the tenancy-in-common ownership of the Common Area. Each Owner agrees that no action for judicial partition of the Development shall be instituted, prosecuted or reduced to judgment, except in compliance with California Civil Code Section If a Condominium is owned by two or more Owners as partners, tenants-in-common, or joint tenants or as community property, nothing contained in this Section shall be deemed to prevent a judicial partition of their co-ownership. ARTICLE 3 USE RESTRICTIONS 3.1 Activities Affecting Insurance Nothing shall be done or kept in any Unit or in the Common Area which will increase the rate of insurance on the Common Area without the prior written consent of the Board. No Owner shall permit anything to be done or kept in his or her Unit or in the Common Area which will result in the cancellation of insurance on any Unit or on any part of the Common Area or which would be in violation of any law. 3.2 Alterations to Units and Exclusive Use Common Area Except as otherwise specifically provided in this Declaration, no structural or exterior Alteration to any Unit or Exclusive Use Common Area may be made until plans have been submitted and approved pursuant to Article 5 (Architectural Control). 8

17 (a) Awnings. No awnings, ornamental screens, screen doors, sunshades or walls of any nature shall be attached to or erected within the Balconies or Decks, except such as are installed in accordance with the original construction of the Development and any replacement thereof or as may be authorized and approved by the Board. (b) Floors. Except as provided in Section 3.9 (Noise Abatement) below, there shall be no Alteration of the floor coverings which will result in an increase in sound transmission into any other Units. Only soft-cover floors (or hard surface floors which meet objective acoustical standards of materials and installation adopted by the Association, which do not increase sound transmission into any other Unit and which comply with or exceed minimum sound transmission classifications adopted by the State of California for condominiums or multi-unit dwellings), after prior written approval from the Board, may be installed on the floor levels located above other Units. The replacement of any hard coverings in kitchens or bath areas, which were originally constructed with such hard coverings, does not require prior written approval from the Board. 3.3 Antennas and Satellite Dishes No antennae and satellite dishes shall be installed on the roof without the Board s prior approval. Each Owner shall have the right to install a satellite dish within his or her Balcony or Deck as long as the Owner provides the Board with at least seven (7) days notice of the proposed installation and the satellite dish does not protrude beyond the outer vertical plan of the railing or wall of the Balcony or Deck. Any installation of antennae and satellite dishes shall be subject to the Association Rules, California Civil Code Section 4725 and the U.S. Code of Federal Regulations, 47 CFR Section , or comparable superseding statutes and regulations. Each Owner shall be responsible for maintaining the satellite dish or antenna serving his or her Unit. If the satellite dish or antennae is attached to the wall or floor of the Balcony or Deck, the Owner shall be responsible for any water intrusion damage or other damage due to the penetration of the wall or floor as part of the mounting or other installation procedure. The Owner shall also be responsible for properly repairing any holes made if the dish or antenna is removed. 3.4 Balconies and Decks Each Owner shall, at all times, keep his or her Balcony or Deck free and clear from debris and maintain it in a neat, clean, attractive, safe and first-class manner. No ashes or cigarettes shall be thrown over the sides of the Balconies or Decks. No plants or other objects shall be placed on the railings of any Balconies or Decks. Appliances, machinery or equipment cannot be kept, stored, maintained or used within any Balcony or Deck. The Board shall have the authority to regulate or prohibit the amount and type of landscaping, furniture and other items that may be placed or stored in, on or around the Balconies and Decks. Use of charcoal burners and other open-flame cooking devices on the Balconies and Decks is strictly prohibited. 3.5 Clotheslines No exterior clotheslines shall be erected or maintained and there shall be no drying or laundering of clothes on the Balconies, Decks or other outside areas. Any violation of this Section may be subject to fines after notice and hearing before the Board. 9

18 3.6 Combination of Units Contiguous Units may be combined for use as a single residence with the Board s approval. Before the Board shall consent to any such combination, it shall first receive and give its approval of: (a) architectural plans; (b) a certificate of a structural engineer licensed in the State of California and approved by the Board stating that those portions of the Common Area affected by the proposed combination are not required for structural support; (c) a bid by a contractor licensed in the State of California and approved by the Board setting forth the cost to make the proposed combination and the time within which the combination could be completed; (d) a bond if required by the Board, naming the Board as an obligee (or other security approved by the Board) to assure the prompt completion of the combination in a workmanlike manner free of mechanics liens; and (e) all building and other governmental permits required for the construction. The Owner of the combined Units shall be obligated to pay the assessments on each of the owned Units and shall be entitled to cast two (2) votes in the same manner as if the two (2) Units had not been combined. The Board shall permit reconstruction of such Units as independent Units in conformance with the Condominium Plan upon the Board s receipt and approval of items (a) through (e) above relating to such reconstruction. No Unit shall be independently conveyed, leased or transferred as an independent Unit unless and until such reconstruction has been accomplished. 3.7 Common Area Restrictions (a) Use of Common Area. The use of the roof deck, laundry room and other portions of the Common Area shall comply with the Association Rules. All persons residing within the Development may enjoy the use of all facilities in the Common Area as long as they abide by the terms of the Governing Documents. There shall be no obstruction of any part of the Common Area. Nothing shall be kept or stored in the Common Area, except in designated Storage Areas. No major power tools, electric vehicle charging stations or other powerconsuming devices shall be operated in the Parking Areas or other portions of the Common Area without the Board s prior written consent. (b) Alterations to Common Area. Alterations to the Common Area, including any Improvements situated therein or thereon, may be made only by the Association, subject to the limited circumstances set forth in California Civil Code Section 4760(a)(2), which permit an Owner to make an Alteration to the Common Area to accommodate his or her disability. 3.8 Jacuzzi Whirlpool Baths In consideration of potential noise intrusion to adjacent Units and the occupants thereof, no Owner shall operate any Jacuzzi whirlpool bath in any Unit for longer than 15 minutes during any two hour period between the hours of 8:00 a.m. and 10:00 p.m. and 11:00 p.m. on Fridays and Saturdays. Such equipment shall not be operated at all between the hours of 10:00 p.m. and 8:00 a.m. In addition to any other remedies at law or contained herein, and notwithstanding any other provision hereof, the Association through its Board of Directors is specifically empowered to enforce this provision against any Owner in violation hereof, after notice and an opportunity to be heard, by entering the Unit of any Owner in violation hereof and causing removal, at such Owner s expense, of the motor to the Jacuzzi, and such Owner shall be prohibited from replacing or restoring such Jacuzzi absent prior approval from the Board. 10

19 3.9 Noise Abatement (a) At least seventy five percent (75%) of the floor area of each room and hallway of any Unit shall be covered with carpeting, except (1) if the area has a hard surfaced flooring material that meets the objective acoustical standards set forth in Section 3.2( b) above or (2) if the area is a kitchen, bathroom or foyer. (b) Each installation of carpeting shall include carpet padding or carpet cushion which meets or exceeds the specifications for Class 1 padding (Heavy Traffic, Residential or Commercial) referred to in the F.H.A. Bulletin numbered UM47A, dated July 8, 1971, unless otherwise authorized by the Board. (c) All Hi Fi s, stereos, t.v. s, radios, tape recorders, CD players, vacuum cleaners, hair dryers, exhaust fans, exercise equipment or similar noise producing products shall be operated in such a manner that they cannot be heard in any bedroom of any other Unit in the Development during the hours of 10:00 p.m. to 8:00 a.m. (d) No one shall operate washers and dryers or use the laundry room, except between the hours 8:00 a.m. and 10:00 p.m. (e) No Owner shall install a washer or dryer in any Unit, which did not have a preexisting a washer or dryer when the Owner acquired title to the Unit Nuisance No nuisance, use or practice is permitted which is detrimental to the health, safety and welfare of the residents or interferes with their peaceful possession or proper use of their Units. No use is allowed which creates conditions that are hazardous, noxious or offensive through the emission of odor, fumes, smoke, cinders, dust, gas, vibration, glare, refuse, water-carried waste or excessive noise or which, in any manner, increases the rates of insurance for the Development, causes an insurance policy to be canceled, causes a refusal to renew an insurance policy or impairs the structural integrity of any building Parking and Vehicle Restrictions (a) Each Parking Area shall be used for the purpose of parking one (1) registered and licensed vehicle. No personal property or materials including gasoline, kerosene, cleaning solvents or other flammable liquids shall be stored in the Parking Areas. No major power tools or other power consuming devices shall be operated in the Parking Areas without prior approval of the Board. (b) No trailer, camper, mobile home, truck (other than a standard size pickup truck or standard size van), boat, inoperable automobile or similar equipment shail be permitted to remain in any Parking Area or other area within the Development. A contractor/repair truck or van may park in the resident s assigned Parking Area to perform work during the day but may not park overnight. Only commercial vehicles which are used both for business and personal use (including standard size vans and pickup trucks) shall be permitted; provided, however, that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. 11

20 (c) No vehicle shall be operated upon the Development, which emits extraordinary and offensive levels of exhaust pollution or noise, as such levels may be determined by the Board. The Association may cause any such vehicle operating in violation of this Section to be towed and stored at the vehicle owner s expense and the Owner responsible for the presence of such vehicle shall indemnify, defend and hold the Association, its Board Members, officers, manager and employees harmless for any damage to persons or property which may result. (d) No Owner shall allow oil, grease, transmission fluid, gasoline, antifreeze or any other fluid to leak from and remain in any portion of the garage, driveway or Parking Areas. An Owner who allows such fluid to remain in any such areas shall be responsible for any expense incurred by the Association to remove such fluid and clean such area Pets No animals, reptiles, rodents, birds, fish, livestock or poultry shall be kept in any Unit or elsewhere within the Development, except that fish, two (2) domestic dogs or cats, or at a maximum, two (2) birds inside a bird cage may be kept as household pets within any Unit if they are not kept, bred or raised for commercial purposes. The keeping and control of each type of pet shall be expressly subject to such Association Rules as may be reasonably adopted by the Board from time to time. No pet may be kept on the Development if the Board, after a hearing, determines, in its sole good faith judgment, that it would result, would continue to result or has resulted in substantial noise or other annoyance or that it would be, would continue to be or has been obnoxious, menacing or threatening to a person of ordinary sensibilities living within a Unit in the Development. In the event an individual animal is permitted on the Development, any subsequent prohibition by the Board of that type of animal shall not act to cause the removal of that previously permitted similar animal. Each person bringing or keeping a pet upon the Development shall be liable to the other Owners, their family members, guests, invitees, tenants and contract purchasers and their respective family members, for any damage to persons or property proximately caused by any pet brought upon or kept upon the Development by such person bringing or keeping a pet upon the Development. Notwithstanding anything contained herein, each owner of a pet shall comply with each applicable ordinance of the City and County of San Francisco. No Owner shall permit any animal to roam or be unsupervised in any nonexclusive common area. Any violation of this Section may subject the responsible Owner to fines, a Reimbursement Assessment and any other remedy at law Power Equipment and Car Maintenance No power equipment, hobby shops or car maintenance, other than emergency work, shall be permitted in the Development, nor shall a tank for the storage of gas, liquid, explosive or any flammable be stored on or in the Development; provided, however, use of a kiln or similar apparatus, power tools, equipment or other machinery may be permitted if all necessary permits and approvals have been previously obtained from governmental authorities, adequate insurance in amounts and scope of coverage satisfactory to the Board has been obtained and the Board has given its prior written consent. Chemical processing of materials shall not be permitted Residential Use The Units shall be used for residential purposes only. Notwithstanding the foregoing sentence, an Owner or resident may use a portion of the Unit for any business that is permitted by local ordinance; provided that such business is incidental to the Owner s or resident s 12

21 occupancy and there is no external evidence of such business such as signs, pedestrian traffic, vehicular traffic, etc. The number of occupants in each Unit may not exceed two persons per bedroom plus one additional person for the household, which is the occupancy standard allowed by the California Department of Fair Employment and Housing. For example, a 1- bedroom Unit could have 3 people and a 2-bedroom Unit could have 5 persons Right to Lease (a) Short-Term Rentals Prohibited. With the exception of a Mortgagee in possession of a Unit following a default in a First Mortgage, a foreclosure proceeding or any other deed or other arrangement in lieu of foreclosure, no Owner or non-owner resident may rent a Condominium for transient or hotel purposes, which shall be defined as: (i) rental for any period less than thirty (30) days or (ii) any rental if the occupants are provided customary hotel services such as room service for food and beverage, maid service, furnishing laundry and linen, and bellboy service. No Unit shall be advertised for a short-term rental of less than thirty (30) days on airbnb, VRBO, Craigslist, Homeaway, Flipkey or any other similar website. (b) Leasing Requirements. Subleasing is not permitted. Subject to the restrictions contained in this Section 3.15, each Owner shall have the right to lease his or her Condominium provided that the lease is for the entire Condominium (the taking in of a roommate by an Owner shall not be a violation of this clause), is in writing, is expressly made subject to the Governing Documents and provides that the breach by the tenant of such Governing Documents shall also be a breach of the lease. Within three (3) days of execution of the lease, the Owner shall provide the Board or Management with the following: (i) The lease commencement date and termination date. (ii) Name, telephone number, emergency contact number, address (if any), and vehicle registration information for each tenant; Owner; (ii) Current address, telephone number and address (if any) of the (iii) An acknowledgement signed by each tenant that he or she has received a copy of the Association Rules entitled Helpful Hints, the Declaration and any amendments thereto; and (iv) Association Rules. Move-in/move-out application and deposit, as described in the The Owner must update annually the tenant s name, telephone number, emergency contact number, address (if any), and vehicle registration information for each tenant. (c) Violations. Any violation by an Owner, tenant or lessee of the Governing Documents may subject an Owner to a fine, Reimbursement Assessment for attorney s fees and/or other appropriate court action, as further described in Section 6.6 (Reimbursement Assessments) and Section 8.1 (Enforcement of Governing Documents). 13

22 3.16 Signs No sign of any kind shall be displayed to the public view on or from any Unit or the Common Area without the prior written consent of the Board subject to the following exception: (a) A frames, signs, advertising any condominium for sale of a reasonable size and design and in a reasonable location on a public sidewalk in front of the building, shall be permitted on weekends and on the days designated for broker open houses. (b) Noncommercial signs, posters, flags or banners otherwise permitted by law, except that under no circumstances may a noncommercial sign or poster exceed nine (9) square feet in size or a noncommercial flag or banner exceed fifteen (15) square feet in size; (c) Such signs as may be required for legal proceedings or notices; or (d) During the time of construction of any Improvement, one job identification sign not larger than eighteen (18) by twenty-four (24) inches in height and width and having a face area not larger than three (3) square feet Smoking Prohibition Smoking shall be prohibited in the Common Areas, including but not limited to the elevators, roof deck, laundry room, lobby, garage, hallways, stairs, landing, yards, garbage room or any other enclosed space. The term smoke means to inhale, exhale, burn or carry any lighted smoking equipment for tobacco or any plant or other weed. This prohibition does not apply to smoking within the Units, Balconies, and Decks. All Owners shall disclose this no smoking policy to their tenants, subsequent purchasers, guests, household workers and contractors Trash Disposal All rubbish, trash and garbage shall be regularly removed from the Development and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall, at all times, be kept in sanitary containers. Disposal of bulky items, furniture or trash outside of the trash receptacles, the trash room or other Common Areas is prohibited. No one shall use the trash chute, except between the hours of 8:00 am and 10:00 pm on weekdays and between the hours of 10:00am and 10:00pm on weekends Water Beds No water beds shall be used or installed without the prior written approval of the Board. If the Board approves the use or installation of a water bed, the Board shall establish Association Rules regarding the quality of materials and method of installation with respect to water beds Window Treatment Verticals, drapes or other window treatments must be white or off-white in color or their lining must be white or off-white. 14

23 ARTICLE 4 MAINTENANCE OBLIGATIONS 4.1 Maintaining Common Area and Improvements (a) Generally. The Association is responsible for repainting, maintaining, repairing and replacing the Common Area (excluding Exclusive Use Common Area) and all facilities, Improvements, furnishings, equipment, driveways and landscaping thereon. The responsibility of the Association for maintenance and repair shall not extend to the repair of damage to the Common Area, which originates from a Unit or which is caused by the negligence of an Owner or Owner s Invitee, as described in Section 4.5 (Damage to Common Area or Exclusive Use Common Area Caused By Owner), in which case the responsible Owner shall pay to repair the damage and/or pay the Association s insurance deductible. (b) Landscaping. The Association shall maintain all landscaping within the Development (other than that placed within a Balcony or Deck by an Owner or tenant). (c) Repaint. The Association shall repaint the exterior surface of the Condominium Building, including Balcony and Deck wall surfaces and interior Common Area walls and ceilings to conform to previous or original painting or finishes. (d) Termites. The Association shall contract for regular termite inspection and treatment of the Common Area, excluding the Balconies and Decks. The costs for temporary relocation, if necessary during treatment, are to be borne by the Owner affected and not by the Association pursuant to California Civil Code Section 4775(b). Written notice of treatment shall be sent to the Owners and occupants at least two (2) weeks in advance of treatment. (e) Utilities. The Association shall maintain all utility connections, sanitary sewers and storm drainage facilities located in the Common Area (excluding Exclusive Use Common Area Balconies and Decks), except for those installations maintained by utility companies whether public, private or municipal. All storm drainage facilities shall be regularly inspected and, if necessary, cleaned or otherwise maintained. The Association shall pay all charges for utilities supplied to the Development, except those metered or charged separately to the Condominiums. No Owner may install, alter or modify a utility meter shared by other Units or the Common Area without the prior approval of the Board. 4.2 Maintaining Units Each Owner shall keep and maintain the interior of his or her Unit in a clean, sanitary and attractive condition and shall not create a danger from a risk of fire, pests and vermin, mold growth and other health concerns. (a) Appliances and Fixtures. Owners shall have the exclusive right and responsibility to maintain, repair, finish, alter, substitute, add, and remove any appliances and fixtures attached to the ceilings, floors, and walls of their Units; provided, however, any Alteration penetrating the Common Area walls requires the Board s prior written consent. (b) Finishes. Each Owner shall have the right, at his or her sole cost and expense, to maintain, repair, paint, paper, panel, plaster, tile, wax and finish the interior surfaces of the walls, ceilings, floors, windows and doors bounding that Owner s Unit in a manner which does not intrude on or into the Common Area, which does not transmit unreasonable noise through the Common Area, as reasonably determined by the Board, and which is not visually offensive 15