rules and regulations of hollywood beach owners ...sep 11, 2013 · 4501 west channel islands...

RULES AND REGULATIONS OF

HOLLYWOOD BEACH OWNERS ASSOCIATION, INC. AN "OLDER PERSONS COMMUNITY"

4501 West Channel Islands Boulevard Oxnard, California 93035

These are the "Rules and Regulations" of Hollywood Beach Mobilehome Park (the "Community"). If any of these rules are unclear, you should contact the board of directors ("Board of Directors") of the Hollywood Beach Owners Association Inc., a California nonprofit mutual benefit corporation (the "Association") for explanation. If you do not contact the Board of Directors, it will be assumed that you understand these Rules and Regulations.

Except as otherwise noted herein, words and phrases shall have the same

meaning as set forth in the Declaration of Establishment of Conditions, Covenants, and Restrictions ("CC&Rs").

In an effort to operate a clean, efficient and orderly Community and to ensure

compliance with all applicable statutes, ordinances, and regulations, the following Rules and Regulations shall apply.

1. CONDUCT

A. Actions by anyone which may be dangerous, or may create a health and safety

problem or disturb others, are not permitted. For example, any unusual, disturbing, or excessive noise (including loud talking), intoxication, quarreling, threatening, fighting, brandishing or discharging of firearms or abusive language or disorderly conduct is not permitted in any and all areas of the Community.

B. Radios, televisions, record players, musical instruments, and other sound-making

devices must be used so that they do not disturb others. Quiet hours are between 10:00 p.m. and 8:00 a.m. daily.

C. No one may trespass on any other Owner's Unit or in any area which is not open

for general use by the Owner's guests. No one may encroach on any other Owner's Unit or on the common areas of the Community. General use areas include gas, electric, water, and sewer connections. General use areas must not be tampered or interfered with and must be maintained so as to be clear of vegetation.

D. No one may use, alter, or tamper with any utilities in the Common Area without

authorization from the Board of Directors.

E. Owners' respective guests ("Guest" or "Guests") must be supervised, and it is the responsibility of the Owner to familiarize the Guests with these Rules and Regulations. If a Guest fails to abide by these Rules and Regulations, then the Owner will be held responsible for their Guest's actions.

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F. Any sign advertising the sale or exchange of Owner's Home shall be no larger

than the size permitted under the Mobilehome Residency Law. Any change in the Mobilehome Residency Law or other laws affecting the restriction of signs shall automatically be applicable and incorporated by reference herein.

G. No soliciting will be permitted in the Community. All sales people must have a

scheduled appointment with the Owner concerned or interested.

2. OLDER PERSONS RESTRICTIONS

A. No person may regularly reside in the Community unless they are fifty-five (55) years of age or older ("Qualifying Resident") or share occupancy with a Qualifying Resident and are a "Qualified Permanent Resident" or a "Permitted Health Care Resident," the specifics which are set forth and incorporated herein in the Policy for Compliance with Senior Housing Designation in Connection with the Sale of a Housing Unit, attached hereto as Exhibit "A."

The Community has been constructed, developed, and managed for the purpose of

providing a convenient, secure, and enjoyable environment for senior residents. At least eighty percent (80%) of the households have a Qualifying Resident fifty-five (55) years of age or older, or are a Qualified Permanent Resident, such as a spouse that satisfies the age requirement, or any other exceptions stated under California law, federal law, or the Policy for Compliance with Senior Housing Designation in Connection with the Sale of a Housing Unit. This rule shall not apply to Owners who lived in the Community on or before January I, 1995, who do not satisfy the above stated age requirement, but shall apply to all future Owners, without exception.

B. To help preserve the senior-citizen-only nature of the Community, Residents may

not conduct a babysitting or childcare business or regularly babysit or otherwise care for children, even children of family members or friends, regardless of whether such Resident is paid or otherwise compensated for these services. This does not prevent one from babysitting or providing childcare without compensation on a very infrequent basis for family members or friends, so long as child remains under such Residents control to avoid disturbing others, and the Resident remains in compliance with all of Hollywood Beach's Rules and Regulations.

C. The number of occupants of a Home shall be limited to: one (l) person for a

Home without a bedroom; three (3) persons for a Home with one (l) bedroom; five (5) persons for a Home with two (2) bedrooms; and seven (7) persons for a Home with three (3) bedrooms. A bedroom is defined as a living space which is designed for sleeping and which has closet space, but does not have plumbing. At least one (1) of the above-referenced persons must hold title to the Home. The Home shall be used for residential purposes only. No commercial activities may be conducted within the Community utilizing a Home as a business or sales office. Nothing herein shall be deemed to prohibit home based businesses, which do not also have customers or other persons coming into the Community to conduct business.

D. Upon the death, dissolution of marriage, or upon hospitalization, or other

prolonged absence of the Qualifying Resident, the other person who was a Member of the Association by virtue of his or her marriage to a Qualifying Resident, shall be entitled to retain

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such membership. Nothing contained herein shall preclude an Owner from transferring ownership of his or her Condominium to a grantor trust established for estate planning purposes nor from transferring a portion of such ownership to a lineal descendent, subject to the continuing application of these and other provisions of these Rules and Regulations and the CC&Rs.

3. NO DISCRIMINATION

No one will be denied resident tenancy in the Community or membership in the Association

on the basis of race, sex, color, religion, creed, marital status, sexual orientation, national origin, ancestry, familial status, source of income, or conditions of physical or mental disability. (California Government Code§ 12955)

4. GUESTS

A. No Guest or visiting minors may stay more than a total of twenty (20) consecutive

days or thirty (30) days in a calendar year, unless approved in writing by the Board of Directors.

B. Owners must acquaint all Guests with the conditions of occupancy and use of the Community, including these Rules and Regulations. Owners are also personally responsible for all the actions and conduct of Guests.

C. Except when a Guest is entering or leaving the Community, Owners must

accompany them at all times when they are in the Community. If an Owner will not be present for a period of twenty-four (24) hours or more, the Guests may not occupy the Owner's Home or use the common area of the Community without consent of the Board of Directors.

D. Visiting minor children must be under the direct attendance and supervision of an

Owner at all times and said Owner shall assume full responsibility for their conduct, liability, injury, or damage to property or person. Visiting children are not allowed to play outside the Condominium Unit, such as in the streets or Common Areas. Visiting children must be accompanied by an Owner when walking in the Community and are not allowed to ride bicycles or other wheeled toys on Community streets unless under the supervision of an Owner.

E. Leasing.

(a) Right To Lease Manufactured Home and Manufactured Home Space;

Limitations Thereon. Except for any unit owned by the Declarant, a Manufactured Home and Manufactured Home Space combination may not be rented or leased for less than twelve (12) months. All leases must be made expressly subject to the provisions of these Rules and Regulations and the Declaration; the Owner shall retain the power to evict upon the tenant's breach of the same and the Association shall have the power, but not the obligation, to evict upon the tenant's breach. An Owner, including Declarant (as defined in the Declaration), who leases his Manufactured Home Space and Manufactured Home shall be absolutely liable and responsible for the acts of his lessee, including, but not limited to: (i) damage or destruction to any portion of the Common Area; and (ii) violation or threatened violation of the provisions of these Rules and Regulations or of the Declaration as adopted and amended by the Association from time to time.

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(b) Prohibition Against Leasing Manufactured Home Space Without Manufactured Home; Exception. The Manufactured Home Space may not be rented separate and apart from the Manufactured Home. Notwithstanding the foregoing, the Declarant or its successors-in-interest may rent a Manufactured Home Space separate from any Manufactured Home to any Resident Household that occupied the Manufactured Home on the date of delivery of the Final Public Report.

(c) Requirement On Sale Of Manufactured Home Located On Leased

Manufactured Home Space. A buyer of a Manufactured Home ("Buyer") must, concurrently with the purchase of the Manufactured Home, purchase the Manufactured Home Space. A Seller of a Manufactured Home may not sell a Manufactured Home unless the Buyer purchases the Manufactured Home Space. The purchase price will be established in the sole discretion of the Owner of the Manufactured Home Space, including, without limitation, the Declarant or its successors.

5. RECREATIONAL F ACILITIES

A. The clubhouse and recreational areas are for the exclusive use of Community Owners

or an approved Guest or lessee thereof pursuant to Section 4. All Guests must be accompanied by an Owner when using any of the recreational facilities. No outside organization shall be permitted to use the recreational facilities. Rules regarding use of the clubhouse are attached hereto as Exhibit "B”.

B. All recreational facilities are to be used at the risk of the Owner and/or Owner's

Guest. The Board of Directors shall not be responsible for any injury or property damage resulting to the Owner or any of the Owner's Guests as a result of using said recreational facilities.

C. The rules posted in the clubhouse, pool area, billiard room, laundry room,

shuffleboard area, and card rooms are a part of these Rules and Regulations and are incorporated herein by reference. The regulations posted in the recreational facilities may be amended at the discretion of the Board of Directors, subject to the requirements as set forth in the California Civil Code.

D. Due to insurance liabilities and restrictions, the right to use any Common Areas in

the Community for any organized activities must be authorized by the Board of Directors or its authorized agent.

E. The clubhouse may be reserved for the Owners' (or Guest & lessee pursuant to

Section 4) private use and will be subject to rules and fees as set forth in Exhibit "B" attached hereto. Such use shall also be subject to all City and county rules, regulations, and ordinances.

F. The recreational facilities are off limits to children (under eighteen years of age)

unless accompanied by an Owner (or Guest & lessee pursuant to Section 4) of the Community. Please refer to posted rules at each of the recreational facilities for further detail regarding children and the use of the Community's recreational facilities.

G. Wet apparel or bare feet are not permitted at any time in the clubhouse.

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H. Children using the pool must be at least 3 years of age. All children under the age of 14 must be accompanied by an Owner (or Guest & lessee pursuant to Section 4) when using any of the recreational facilities.

6. LAUNDRY

A. Coin operated washers and dryers are provided for the Owners' convenience.

Clothes must be promptly removed from the machines. USE OF THE WASHERS FOR DYEING IS STRICTLY PROHIBITED. All laundry facilities must be left clean after use. (Wipe off machines and clean lint filter.) Dispose of empty soap, softener and bleach containers, and softener sheets and dryer lint in the trashcan provided. The laundry will be closed from time to time for cleaning and repairs. No ironing, smoking, or pet is permitted in the laundry room.

B. This facility is for Owner (or Guest & lessee pursuant to Section 4) use ONLY.

Do not give a key to people who do not live in the Community. If, for health reasons, someone other than an Owner needs to do laundry, Owner must obtain a written permission form from the Board of Directors.

C. The Board of Directors may increase or decrease the number of washers and

dryers at its sole discretion depending upon the demand and usage of such machines. The Board of Directors may relocate the washers, dryers, and facilities to other locations with the Community, if necessary.

7. VEHICLES

A. THE SPEED LIMIT IN THE COMMUNITY IS TEN (10) MILES PER HOUR.

Owners and their Guests must abide by this rule at all times. Vehicles must be operated in a safe manner. Driving slowly in the Community is especially important because many elderly pedestrians use the streets. Everyone must obey all posted traffic control signs. No motorized vehicle may be operated within the Community by any person who is not licensed to drive.

B. The operation of motorcycles, motor-scooters, mini-bikes, and other two- and three-

wheel motorized vehicles shall be prohibited, except to enter and leave the Park unless approved in writing by the Board of Directors. Handicap vehicles are exempt.

C. No skateboards, scooters, roller blades, or skates may be ridden in the

Community. Bicycles are subject to motor vehicle laws. D. No major vehicle repairing or maintenance may be performed within the Community

other than the streets. Failure to follow these rules may result in a fine and reimbursement of costs for professional cleanup.

E. Recreational vehicles may only be washed in the designated car washing area. Cars

may be washed either in the Owner’s driveway or in the recreation vehicle area if available. F. Travel trailers, motor homes and other recreational vehicles may be parked in

Owner’s carport or in the street only for loading or unloading. Such parking must be for a short and limited period of time.

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G. Any vehicles parked in violation of these parking rules and regulations may be

towed away and stored at the expense of the owner. H. No wrecked, unsightly, or inoperative vehicles may be kept on Unit or any parking

area. Such vehicles may be towed at the owner’s expense. Excessively noisy vehicles are not permitted in the Community. All vehicles must have current DMV registration stickers.

I. No commercial vehicles or equipment may be parked or stored on Unit, any

parking area, or any other area within the Community, except vehicles or equipment necessary for the maintenance of the Community and when making deliveries or pick-ups.

J. Any vehicle dripping oil or gas must be removed at once to avoid damage to the Common Area. Owner is responsible for maintaining his vehicle(s) to assure that fluid leakage does not occur.

K. The Board of Directors reserves the right to forbid entry of any vehicle which is driven or parked in violation of the Rules. Owners may not park their own vehicles on the streets or in the guest parking areas, except for good cause, as determined by special arrangement with the Board of Directors.

L. ABSOLUTELY NO REPAIRS TO ANY VEHICLE WILL BE ALLOWED IN

THE STREETS OR COMMON AREAS.

8. PARKING

A. Street parking is permitted during daytime hours. Daytime hours shall begin at sunrise and extend until nightfall. After nightfall, vehicles may be parked in the street solely for the purpose of loading and unloading. No other parking is permitted in the streets. Vehicles parked on the street in violation of this Section 8 may be towed away at the expense of the vehicle owner. It is imperative that the Community’s streets be kept clear for unimpeded access by fire and other emergency vehicles. Guests may park in the designated guest parking areas only, or on an Owner's Unit.

B. Passenger vehicles that are parked in carports must not extend into the street. A passenger vehicle includes, but is not limited to, a station wagon, family sedan, sports car, compact, and any other vehicle approved by the Board of Directors.

C. Neither Owners nor their Guests may park any vehicle on another Owner's Unit or

vacant lot without the express permission of that Owner or the Board of Directors, whichever is applicable.

D. Recreational vehicles, vans, campers, trailers, motor homes, and boats must be parked

in the designated storage area, if any. If a vehicle is used as the single form of transportation for the Owner, then it may be parked on the Condominium Unit in the carport of garage only.

E. SLEEPING IN CARS IN THE COMMUNITY OR STORAGE AREA (if

any) IS NOT ALLOWED. Campers and travel trailers must be parked in an area designated for of 25

such vehicles ("Recreational Vehicle Storage Area" as available), and may not be parked on a Unit. NO USE OF THE RECREATIONAL VEHICLE STORAGE AREA IS PERMITTED WITHOUT A SIGNED AGREEMENT FOR THAT AREA THE FORM OF WHICH IS ATTACHED HERETO AS EXHIBIT "C". There is to be no parking of RVs in carports at any time. The Board of Directors maintains a waiting list for use of the Recreational Vehicle Storage Area. As space becomes available, the next person on the list may rent the space if their vehicle will fit the space that is available. If Owner's vehicle takes up more than one (1) space, any additional space used must be paid for. Parking of Guests' RVs may be arranged with the Board of Directors. There is no guarantee that the Recreational Vehicle Storage Area will be available or provided to the Community indefinitely. This area may be developed in the future.

9. TOWING OF VEHICLES

Vehicles not in compliance with Sections 7 and 8 are subject to towing at the owner's

expense.

10. PETS

A. Owners are permitted two (2) pets, which includes dogs or cats. Dogs shall not exceed fifteen (15) inches in height at the top of the shoulder at maturity. All pets residing at a Mobile Home Space as of the effective date of these Rules and Regulations shall be accepted by Management; provided however, the residents shall execute a Pet Agreement the form of which is attached hereto as Exhibit "D". The pet must be physically shown to and approved by the Board of Directors or its agent.

B. THE OWNER IS RESPONSIBLE FOR ALL PETS AND WILL CLEAN UP

IMMEDIATELY ANY MESS MADE BY HIS OR HER PET. Owner's yard must be kept free of pet droppings. Owner is responsible for any damage to property and any disturbances or annoyances within the Community caused by his or her pet.

C. Any dog not inside the Home or contained within a fenced yard must be kept on a

leash and under the Owner's control at all times.

D. Pets shall not be allowed in the recreational facilities or laundry area at any time.

E. Pets shall not be allowed to enter another Owner’s Condominium, flowerbed or yard.

F. Fences or enclosures for the purposes of containing a pet may be allowed only with the approval from the Board of Directors.

G. All pets must be fed indoors. Pet food must be kept indoors.

H. If a pet is unruly or constantly noisy, on the first registered complaint, the pet's

owner will receive a notice. On the second notice, the Board will commence appropriate administrative remedies. If the pet's owner does not comply with the administrative remedies, the Board may take legal action.

I. Service and guide dogs are allowed in the Community; however they must be

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accompanied by proper identification and/or documentation.

J. Owner is responsible for complying with all applicable state, city, and county requirements with respect to licensing, vaccination, and leash laws.

K. The Board of Directors encourages pets to be spayed or neutered. However, in

the event of offspring, the Board must be notified and written permission must be obtained for the offspring to stay in the Community for a maximum of two (2) months.

L. Permission is granted only for the pet(s) listed in the Pet Agreement and approved

by the Board of Directors. Written permission is required before any additional or replacement pet is obtained.

11. COMMUNITY OFFICE, COMPLAINTS, AND TELEPHONE

A. The normal business hours for the Community's office are posted. Except in

emergency, please do not telephone or contact the Board of Directors after normal business hours.

B. In the event of a complaint with a neighbor, first approach the neighbor (if possible) and attempt to alleviate the issue. If the issue cannot be resolved, then please submit a complaint in writing to the Board.

C. Each Resident is required to make their own arrangements with the telephone

company for service.

12. CONDOMINIUM MAINTENANCE AND APPEARANCE

A. Licensed Homes must bear a current license visible at all times.

B. Proof of homeowners' insurance and Housing and Community Development registration, if applicable, or current deed or other evidence of ownership shall be submitted yearly and kept on file in the Community office.

C. Each Resident must maintain its own Condominium and all landscaping, structures, improvements, and other things attached to or placed on the Condominium in good condition and repair in a neat, clean, attractive, and well-kept fashion. If a Condominium is not maintained as required by these Rules and Regulations, the Board may give a notice requiring compliance within thirty (30) days. Non-compliance may result in a reasonable fee for having any necessary maintenance work done, as determined by the Board of Directors.

D. Trees, shrubs, and other landscaping must be kept trimmed.

E. When you are away, it is your responsibility to have someone maintain your Condominium.

F. Storage of personal property under your Home, other than those items permitted

by law, is prohibited. Without prior written approval from the Board of Directors, nothing may be placed or stored outside of the Home or storage shed(s). Any debris, refuse, litter, or any item

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which is unsightly in appearance may not be stored outside.

G. Furniture, other than outdoor patio furniture, shall not be permitted on porches, patios, or otherwise outside of the Home.

H. Reserved.

I. All refuse and rubbish such as yard trimmings, rags, cans, wastepaper, etc.

("trash") is collected once a week. Trash is to be at the curb no earlier than the day prior to the scheduled pick-up day. All containers are to be returned to their storage place to the rear of the Owner's Unit or storage shed on the same day of pick-up. All containers must be kept out of sight from the street or from other Owners' view.

J. No trash is to be dumped in the Community containers by Residents at any time.

K. Anything which creates a threat to health and safety or threatens damage to property

is not permitted. No flammable, combustible, or explosive fluids, materials, chemicals or substances, except those customarily used for normal household purposes may be stored, and then only in quantities reasonably necessary for normal household purposes. Violation of this rule may result in a reasonable fee to bring you into compliance.

L. If any portion of the exterior of the Home or its accessory equipment, structures,

or appliances is damaged, or the Unit is damaged, you must repair the damage within thirty (30) days (for example, damage to the siding, awning supports, down spouts, skirting, porch, or storage shed, etc.).

M. The utility pedestals (water, gas, and electric hook-ups) must be accessible at all

times. If one of the Community's gas or water shutoff valves is located on your Unit, it must also be kept uncovered and accessible at all times. You may not connect, except through existing electrical or natural gas outlets or water pipes on the Unit, any apparatus or device for the purpose of using electric current, natural gas, or water.

N. Existing drainage patterns and grading of the Unit may not be changed without

the consent of the Board of Directors.

O. You are responsible for repairs to any utilities or Community property damaged by you. TO AVOID DAMAGE TO UNDERGROUND FACILITIES, YOU MUST HAVE THE CONSENT OF THE BOARD BEFORE DIGGING OR DRIVING RODS OR STAKES INTO THE GROUND.

P. Building permits, licenses, and other similar permission from governmental or quasi-

governmental bodies or agencies are required and must be obtained before construction or installation of certain accessory equipment and structures. All appliances, equipment, and structures must comply with all federal, state, and local laws and ordinances. You are responsible for obtaining these permissions when they are required.

Q. Use of air-type spray paint guns or spray paint equipment, including spray

canisters, by a professional and/or experienced painter or otherwise, is not permitted in the of 25

Community.

R. Plans for any additions or modifications to your Condominium, sheds, fencing, or landscaping must be submitted to the Board for approval. Please refer to the "Architectural Control and Landscaping Rules" for specific rules, restrictions, and requirements regarding architectural control within the Community.

13. LANDSCAPING

A. Landscaping of unlandscaped Units or changes to existing landscaping must be completed within sixty (60) days of the date you first occupy the Home. A landscape plan shall be submitted by the Owner for approval by the Landscape Committee, if any, or the Board of Directors. The Board of Directors encourages each Resident to beautify its Space. Please refer to the "Architectural and Landscaping Rules" for specific rules, restrictions, and requirements regarding architectural control within the Community.

14. GENERAL STANDARDS FOR ACCESSORY EQUIPMENT, STRUCTURES,

AND APPLIANCES FOR EXISTING HOMES:

A. Residents are required to maintain in good condition and repair the Home and all accessory equipment, structures, and appliances which are presently installed or may be installed on the Space. This obligation includes the replacement of any such items which are missing or are damaged to the point that they cannot be reasonably repaired. This obligation also includes the repainting of the Home, accessory equipment, structures, and appliances when they are reasonably in need of repainting. Exterior color and materials used are subject to approval by the Architectural Control Committee. In addition, all such items must comply with all applicable laws and regulations.

B. Prior to installation of any electrical accessory, Resident must submit the

electrical usage specifications of the accessory and it must not exceed the total allowable electrical draw for the Condominium Unit and must be approved by the Board of Directors or its agent.

C. Owners who owned a Home prior to the standards for incoming Homes being

instituted, will not be required to adhere to them unless such Owner voluntarily makes a change or addition to the Unit, Home, accessory equipment, structures, or appliances. If such a change is made, the standards set forth for new Homes must be satisfied (see the Architectural and Landscaping Rules).

15. MOVING A HOME

A. If a Home is sold to a third party who is planning on removing the Home from the

Community, the seller must place a Five Hundred Dollar ($500) deposit with the Association, which will be refunded if the Home is removed on time and the Unit is free of trash and debris.

B. If a Home is sold to a third party who is planning on keeping the Home in the

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Community after the sale or replacing the Home, the purchaser must have prior approval by the Board of Directors.

C. The following guidelines are those which will be used by the Board of Directors

in their approval process:

1. All prospective buyers must complete an application and will be screened, investigated, and interviewed by the Board of Directors or its agent prior to purchase. Interviews must be conducted during normal office hours unless other arrangements are made with the Board of Directors or its agent.

2. Any escrow, sale, or transfer agreement involving a Home located in the

Community shall contain a provision signed by the purchaser stating that he or she agrees to be bound by the Community's Governing Documents, including, but not limited to, these Rules and Regulations, the Architectural Control and Landscape Requirements, the Declaration, and the Bylaws.

D. The rights of the Board of Directors to refuse assignment or transfer of a Home

shall be limited as required by California Civil Code or other applicable law.

16. PARTIAL INVALIDITY

If any part of these Rules and Regulations, or any document referred to in these Rules and Regulations, is in any way invalid or unenforceable, the remainder of these Rules and Regulations or other document shall not be affected and will be valid and enforceable to the fullest extent permitted by law. The same is true if the application of any part of these Rules and Regulations is, in any way, invalid or unenforceable to any person or circumstance.

17. COMPLIANCE WITH LAW AND RULES AND REGULATIONS

Owner and the Board agree to comply with all applicable laws, ordinances, regulations,

rules, and all terms and provisions of these Rules and Regulations, and all terms and provisions contained in any document referred to in these Rules and Regulations and all terms and provisions contained in any document referred to in these Rules and Regulations and they may be changed by their own terms.

In the event of default or any action to enforce this Agreement, the non-prevailing party

in any such action shall be responsible for all costs and expenses incurred as a result of such action, including reasonable attorneys' fees incurred by the prevailing party, all of which may be included as part of the judgment rendered in such action.

18. INDEMNIFICATION

The Association will not be liable for any loss, damage, or injury of any kind to the

person or property of any Owner or any of the employees, Guests, invitees, permitees, or licensees of any Owner, or of any other person, caused by any use of the Community or the Condominium, or by any defect in improvements erected in the Community or on the Unit, or arising from any other cause, unless resulting from our negligent or willful acts.

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19. EFFECTIVE DATE OF RULES AND REGULATIONS

The effective date of these Rules and Regulations shall the close of escrow for the first

Unit within the Community.

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EXHIBIT "A" POLICY FOR SENIOR CITIZEN HOUSING DESIGNATION The Board of Directors ("Board of Directors") of Hollywood Beach Owners Association, Inc., a California nonprofit mutual benefit corporation ("Association") has the right and obligation to enforce the Association's Articles of Incorporation ("Articles"), Declaration of Establishment of Conditions, Covenants, and Restrictions ("Declaration"), Bylaws, Rules and Regulations, and adopted resolutions (sometimes collectively referred to herein as the "Governing Documents") of the Association against a Member who is in violation of said Governing Documents. The definitions outlined in the Declaration are hereby incorporated as though set forth in full. The Board of Directors shall follow this Policy for Senior Citizen Housing Designation (“Policy”) as outlined hereinbelow, when it must take action relative to questions of compliance with the provisions of the Governing Documents. Section 1. Definitions: 1.1 Qualified Resident or Senior Citizen means a person fifty-five (55) years of age or older in whom resides in the Condominium on a permanent basis.

1.2 Housing Limited to Qualified Resident: At least one (1) person who is purchasing a Unit in the Community and who will be occupying the Home and the Unit in the Community must be a Qualified Resident.

1.3 Qualified Permanent Resident means a person who is residing with a Qualified

Resident, the spouse, significant other or cohabitant of a Qualified Resident. All other persons occupying the Condominium with the Qualified Resident must be Qualified Permanent Residents, except as set forth in Sections 1.4 and 1.5 below.

1.4 Exception to Requirements of Becoming a Qualified Permanent Resident:

A disabled person or a person with a disabling illness or injury may be deemed a Qualified Permanent Resident. Any person meeting the following criteria shall be deemed a Qualified Permanent Resident regardless of age:

A. Such person must live with the Qualified Resident or Qualified Permanent Resident and be disabled or have a disabling illness or injury; B. Such person above must be a child or grandchild of the Qualified Resident or Qualified Permanent Resident who needs to live with the Qualified Resident or Qualified Permanent Resident because of the disabling condition, illness or injury.

C. For purposes of this Section 1.4, a "disabled" person means a person who has a mental or physical disability as defined in California Government Code § 12926. Also for purposes of this Section 1.4, a "disabling injury or illness" means an injury or illness which results in a

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condition meeting the definition of disability set forth above. D. If a person is deemed a Qualified Permanent

Resident pursuant to this Section 1.4, and such person's disabling condition ends, the Association or any agent of the Association ("Agent") may require such person to cease residing in the Community upon receipt of six (6) months' written notice; provided, however, that the Association or any Agent may allow the person to remain a resident for up to one (1) year after the disabling condition ends.

E. The Association or Agent may take action to

prohibit or terminate occupancy in the Community by any person deemed a Qualified Permanent Resident under this Section 1.4 if the Association or Agent finds, based on credible and objective evidence, that such person is likely to pose a significant threat to the health or safety of others that cannot be ameliorated by means of reasonable accommodation; but only after the Association or Agent does both of the following:

(1) provides reasonable notice to and an opportunity to be heard for the disabled person whose occupancy is being challenged, and reasonable notice to the c0-resident parent or grandparent of that person; and (2) gives due consideration to the relevant, credible, and objective information provided in the hearing. Such evidence shall be taken and held in a confidential manner, pursuant to a closed session, by the Association or Agent to preserve the privacy of the affected persons. The affected persons shall have the right to have present at the hearing an attorney or any other person authorized by them to speak on their behalf or assist them in the matter.

1.5 Permitted Health Care Resident shall mean any person over the age of eighteen (18) years who is hired to provide live-in, long-term, or terminal health care to a Qualified Resident or a family member of Qualified Resident providing live-in, long-term, or terminal health care to a Qualified Resident. Any person meeting the following criteria shall be deemed a

Permitted Health Care Resident so long as such person is over the age of eighteen (18) years and regardless of whether such person's age meets the criteria to be a Qualified Resident or Qualified Permanent Resident: A. Any proposed Permitted Health Care Resident shall complete an application provided by the Association, be approved by the Board as a Permitted Health Care Resident and must execute the Permitted Healthcare Resident Agreement attached hereto as Exhibit “A-1”. B. To qualify as a Permitted Health Care Resident, the care provided by such person must be substantial in nature and must provide assistance with necessary daily activities medical treatment, or both. Permitted Health Care Residents may live with the Qualified Resident indefinitely, so long as the Qualified Resident continues to occupy the Condominium. C. A Permitted Health Care Resident may continue his or her occupancy, residency, or use of the Condominium as a Permitted Health Care Resident in the absence of the

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Qualified Resident if:

(1) The Qualified Resident became absent from the Condominium due to hospitalization or other necessary medical treatment and expects to return to his or her residence within ninety (90) days from the date the absence began; and

(2) The absent Qualified Resident or an authorized person acting for

the Qualified Resident submits a written request to the Association or its board of directors ("Board" or "Board of Directors") stating that the Qualified Resident desires that the Permitted Health Care Resident be allowed to remain in order to be present when the Qualified Resident returns to reside in the Condominium.

Upon receipt of such a written request, the Association or Board may allow the Permitted Health Care Resident to remain for a period longer than ninety (90) days from the date the Qualified Resident's absence began, if it appears that the Qualified Resident will return within a period of time not to exceed an additional ninety (90) days. D. The Permitted Health Care Resident shall have no rights of tenancy in the Community and shall comply with the Governing Documents of the Association. The right of the Permitted Health Care Resident to occupy the Condominium shall terminate upon the vacancy of the Condominium by the Qualified Resident for ninety (90) days or more; subject to the provisions set forth in Subsection 1.5C above. Section 2. Who May Reside in a Home in the Community: Qualified Residents, Qualified Permanent Residents (including persons who are deemed Qualified Permanent Residents pursuant to Section 1.4 above), and Permitted Health Care Residents may reside in the Community so long as each person satisfies all applicable requirements set forth in Section 1 of this instrument. In addition, any person who had the right to reside in, occupy, or use a Condominium in the Community on January I, 1995, may continue occupancy in the Community regardless of the enactment of California Civil Code§ 51.3. Last, any person who had the right to reside in, occupy, or use a Condominium in the Community pursuant to California Civil Code § 51.4(b) may continue occupancy in the Community regardless of the enactment of California Civil Code § 51.3. Section 3. Approval Process for Senior Restricted Property:

3.1 All proposed occupants of a Condominium in the Community must fill out a membership application provided by the Association and have such membership application approved before escrow for the purchase of the Condominium may close; provided, however, that if a Condominium in the Community is transferred to a third party without escrow, such transfer shall be void if not simultaneously accompanied by (i) written approval by the Association; (ii) proof that the transferee is in compliance with the age restriction related to the Community's Senior Housing Designation; and proof of ownership of the Home

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situated on the Unit to which Membership is attached.

A. If one of the proposed occupants is a Permitted Health Care Resident, then the proposed purchasers must provide written verification from a medical doctor that one or more of the proposed purchasers requires substantial assistance with necessary daily activities, medical treatment or both. The Association has the right to verify the authenticity of the written verification noted above and to request additional information and verification if it deems the written verification initially submitted as unsatisfactory.

B. If one of the proposed occupants is the recipient of care given by the

Qualified Resident, then the proposed purchasers must provide written verification from a medical doctor that such person satisfies the requirement set forth in Section 1.4 above. The Association has the right to verify the authenticity of the written verification noted above and the information provided by the prospective purchasers regarding the familial relationship between a prospective Qualified Resident or Qualified Permanent Resident and another prospective occupant of the same dwelling who claims a disability as provided above. The Association may also request additional information and verification if it deems unsatisfactory the written verification initially submitted or the verification of familial relationship as described above is unsatisfactory.

3.2 All proposed purchasers and/or occupants must provide evidence of age satisfactory to the Association. Accordingly, all applicants must produce an original birth certificate or other official document which states a proposed purchaser's age. The Association will photocopy such documentation for retention in the Association's member file. Section 4. Conditions to Transfer Through Escrow or Otherwise:

4.1 Approval Restriction: Escrow cannot close, or title cannot otherwise be transferred, until the Association has deposited into escrow or delivered to the buyer(s) and occupant(s), written approval of such buyer(s) and occupant(s).

4.2 Agreement by all Buyers, including the Qualified Resident, and all

occupants to abide by Governing Documents: All persons who will own an interest in or occupy the Condominium must deposit into escrow, or otherwise submit to the Association a written acknowledgment that they have read and received and agree to abide by the Governing Documents.

4.3 Caregiver for Qualified Resident or Qualified Resident as Caregiver for

Family Members: If one of the occupants of the Condominium is either a Permitted Health Care Resident or a person deemed a Qualified Permanent Resident under Section 1.4 above, then written approval for this person must also be deposited with escrow by the Association before escrow may close or, if the transfer shall occur outside escrow, delivered to the buyer(s) and occupant(s) prior to such transfer.

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EXHIBIT "A-1"

PERMITTED HEALTH CARE RESIDENT AGREEMENT

Space Number ____

This Permitted Health Care Resident Agreement ("Agreement") is made this day of , 2013, by and between (the "Resident" and the "Permitted Health Care Resident") and Hollywood Beach Mobile Home Park (the "Park"). The undersigned Resident is currently a lawful Resident of the Park, living in the Manufactured Home located upon Space Number ____. The Park has a rule limiting the ownership and occupancy of Manufactured Homes in the Park to at least one (1) Resident over fifty-five (55) years of age. Under California Civil Code Section 799.9, Resident has the right to have one (1) person over the age of eighteen (18) reside with him/her/them in the Manufactured Home; provided such a person is providing health care or supportive care or supervision to the Resident.

Resident requests that the management of the Park ("Management") allow the person whose signature appears below as Permitted Health Care Resident to live with him/her/them as a live-in health or supportive care provider. Management agrees to do so provided: (a) Resident provides Management with a copy of his or her doctor's written treatment plan indicating such live-in care is medically necessary in a form substantially in compliance with the attach "Doctor's Confidential Certification Letter;" (b) Health Care Resident fills out an application and is approved by the Board; (c) that the Resident(s) and the Permitted Health Care Resident execute this Agreement; and (d) Management has executed this Agreement. Resident and Permitted Health Care Resident acknowledge and agree as follows: (a) the Permitted Health Care Resident is subject to all Rules and Regulations of Hollywood Beach Mobile Home Park (the “Park”) and violation of such rules and Regulations by the Permitted Health Care Resident shall constitute violation of the Rules and Regulations by Resident and may constitute grounds for termination of Resident’s tenancy in the Park; (b) the Permitted Health Care Resident has no rights of tenancy in the Park; (c) in the event the Resident dies or is no longer living in the Park, the Permitted Health Care Resident must immediately vacate the Manufactured Home and Space; (d) if the Resident fails to remove the Permitted Health Care Resident upon violation notices, then the Park may reverse this consent and take all necessary action to evict the Permitted Health Care Resident; and (e) any agreement between Resident and the Permitted Health Care Resident shall have no effect upon the terms and conditions of the Rental Agreement between Management and the Resident. Resident: _____________________________________________ Dated: ______________ Permitted Health Care Resident: __________________________ Dated: ______________ Park Management: _____________________________________ Dated: ______________

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EXHIBIT "B" COMMUNITY FACILITIES AND CLUBHOUSE USE AND GUIDELINES

COMMUNITY FACILITIES

All capitalized terms used herein shall have the same meaning as that set forth in the Association’s Declaration of Establishment of Covenants, Conditions, and Restrictions (“Declaration”).

• The Clubhouse, outdoor shuffle board court, pool and other common areas such as streets, walkways, the RV lot (collectively referred to herein as “Common Facilities”) are for the enjoyment of all Residents of the Community. Except as provided under Clubhouse Use below, these facilities must be open to all Residents, at all times.

• Residents are fully responsible for the conduct of their Guests and compliance by their Guests with the terms and provision set forth herein. Guests must be accompanied by a Resident when using the Common Facilities.

• The Association requests that Guest be considerate of noise levels as this is a high density, senior community.

• All Residents and Guests of the Community must observe the fifteen (15) miles per hour speed limit when driving in the Community.

• All of the Community's buildings are smoke-free areas. Please respect the beauty of our grounds when smoking outdoors by placing cigar and cigarette butts in a trash container.

USE AND SCHEDULING OF THE CLUBHOUSE All planned meetings and events held in the Clubhouse are scheduled by the Association, or, if established, by the Recreation Committee, who is responsible for oversight of all events held in the Clubhouse. The Recreation Committee of the Association reviews requests, schedules and maintains the monthly and yearly calendar, collects fees, makes arrangements for room(s) set-up and maintenance, ensuring that the rooms, appliances, and/or furniture are left in the condition in which they were found. The Recreation Committee handles license agreements and collects use fees and deposits for private parties and refunds deposits when appropriate. The Recreation Committee or the Association, as applicable, shall plan, organize, and arrange for all events, including group trips and transportation, prepare flyers, and advertise event, purchase food and supplies, take reservations, sell tickets, arrange for vendors and entertainment, keep financial records and inventory records, etc. Also, the Recreation Committee or the Association, as applicable, plans, organizes, and promotes programs and seminars of interest to and appropriate for the Community's Residents. The Recreation Committee or the Association, as applicable, checks daily to see that furniture and accessories are in place and in good condition, checks the bathrooms, kitchen, and the appliances,

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monitors the items on the bulletin board for appropriateness and timeliness, and in general attends to the overall care and condition of the rooms and the furnishings. The Recreation Committee or the Association, as applicable, notifies the Community's manager when supplies, cleaning, and repairs are needed, and orders supplies as authorized. The common interiors of our Community are maintained solely for the use and enjoyment of our Residents. Following any event held in the Clubhouse, the room(s), the furniture arrangement, furniture, appliances, and dishes, etc., must be left in the condition in which they were found. While upholstered furniture and decorative furnishings in the Clubhouse may be rearranged, they shall not be moved from room to room. The pictures and large plants shall not be moved to accommodate any rearrangement of an area. The Recreation Committee or the Association, as applicable, shall inform Residents interested in scheduling an event in the Clubhouse of the following guidelines, prior to scheduling the event.

A. Community Events or Activities: Some clubs have specific times that their memberships gather to use these facilities, and this is allowed at their discretion. These clubs have priority over non-members wishing to use facilities at the same time, but if there are open tables or courts, anyone should be allowed to use available space without infringing on or disturbing the club members present. Booking a room(s) for meetings or events which are for our Residents:

1. There will be no charge for the room(s).

2. Room arrangement, furniture, and appliances must be left in the place and

condition in which they were found.

3. Invited non-resident guests shall not outnumber Residents present.

4. While regularly scheduled Community-sponsored/recognized events have priority over private parties, occasionally it may be necessary to ask a club to make a change of location or date.

B. Private Parties/Events: A private party is a one-time function (birthday, anniversary,

wedding, family reunion, etc.) given by a Resident of the Community for their family and friends. They must reserve the date, time, room and/or kitchen needed. It must be booked and hosted by a Resident for the use of the Resident and/or a member(s) of their immediate family only. In addition to signing a license agreement or contract, the following guidelines must be followed:

1. The Resident host must be present for the duration of the event and is responsible

for the conduct of their Guests and compliance with the guidelines and rules. 2. "Immediate Family" means children, grandchildren, great-grandchildren, or

parents, aunts/uncles, siblings, nieces/nephews.

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3. Non-resident guests may be invited.

4. Only rooms that are booked by the Resident host and including the non-exclusive use of the bathrooms are available to the attendees of the party or event.

5. If alcohol is served at a private party or event, the Resident host accepts liability

and holds the Community harmless for any accident that may occur at the Common Facilities or off the premises because a guest is impaired from alcohol. The Resident host shall sign an indemnity and hold harmless agreement contained in the Clubhouse License Agreement to this effect.

6. The Resident host is responsible for proper cleanup and room rearrangements,

including restrooms, immediately after the party ends. All trash must be placed in closed plastic bags and removed to the closed trash cans on the patio near the barbecue grills. Do not place trash in any container without a plastic liner.

7. A maximum of seventy-eight (78) people are permitted within the Clubhouse at

any one time. It is the host’s responsibility to ensure this limitation is not exceeded.

C. Private Parties MAY NOT be booked for the benefit of non-resident friends,

relatives other than the immediate family, and outside organizations, including charities. For example, but without limitation, the following types of activities may not be booked: wedding for a friend, fundraiser for a charity, weekly activity for outside group. Exceptions are NOT allowed to this rule even when all or some of the attendees/participants are Residents. This is not intended to limit a Resident host from booking the Clubhouse for a private party, whether or not other attendees/participants are Residents.

D. A deposit of $100 (unless further modified by the Board of Directors) shall be

obtained for any private party or event planned within the Clubhouse. The deposit shall be returned upon verification by the Association that the Clubhouse was left in a clean and orderly manner, in the same condition as it was delivered to the host. No room deposits shall apply when booking a memorial or funeral service for a deceased Resident.

E. Notices, Posters, Advertisements, Pictures:

1. Pictures displayed in the Lobby or Clubhouse shall be on-going Community-

supported activities events. Pictures must not be hung on walls. Pictures should be displayed on a bulletin board and displayed no longer than thirty (30) days.

2. Flyers, notices and posters may be displayed to advertise Community-supported

events or activities. Large advertising posters shall be displayed on tripods and may be put up no sooner than thirty (30) days prior to an event or activity.

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Advertising posters must be taken down immediately following event or activity.

3. Bulletin board pictures and notices must be on 3 x 5 size cards or 8 x 11 papers and may remain up for thirty (30) days.

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EXHIBIT “C”

R.V. SPACE RENTAL AGREEMENT

NAME______________________________________ DATE IN_______________ ADDRESS___________________________________ DATE OUT_____________ HOME PHONE______________________________ BUSINESS PHONE___________________________ 1ST MONTH PRO-RATED DEPOSIT AMOUNT: $__________ $____________________ (2xMonthly rental rate) DESCRIPTION OF PROPERTY TO BE STORED: ___________________________ MONTHLY RATE $____________ THIS MONTH-TO-MONTH RENTAL AGREEMENT made this ________________day of_______, 20___, between HOLLYWOOD BEACH MOBILE HOME PARK (the “Park”), and ______________________________(“Resident”). Management has rented the said Resident a space within the RV Storage Area of Hollywood Beach Mobile Home Park located at 4501 Channel Islands Blvd., Oxnard, California 93035. The month to month term will commence on _____day of __________, 20___. Rent of $___________($_____) per month will be payable on the first (1st) day of each month and subject to late fees of $_________________($_____) if paid after the fifth (5th) of the month and $______________($____) if paid after the fifteenth (15th) of the month. The subject premises shall be used only as a storage area for the above-described property, and at the termination of this month to month rental agreement, Resident shall vacate and surrender the demised premises, leaving it in the same condition as the Resident received it, except for normal wear and tear.

1. All rents will be pro-rated to the first (1st) of the month.

2. Rent is always due in advance by the first (1st) of each month, and late after the fifth (5th) of the same month.

3. If Resident fails to make any agreed upon monthly payment, Management shall give Resident

written notice of nonpayment, mailed to the above indicated address. If payment is not received within fifteen (15) days of the mailing of said notice, Management shall have the right to sell the stored goods and apply the proceeds to the rental payment and then to expenses of the sales. Any excess shall be returned to the Resident by mail at the above address.

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4. Access to stored property is subject to Management and may change without notice. It is the responsibility of the Resident to understand hours and times that the RV Storage Area is accessible, although access will not be unreasonable denied.

5. HOLLYWOOD BEACH MOBILE HOME PARK IS NOT LIABLE TO YOU OR ANY

THIRD PARTY FOR ANY DAMAGE OR LOSS TO YOUR STORED GOODS. You must obtain your own insurance or bear the risk of loss.

SIGNED_________________________________________ DATED_____________________ Resident SIGNED_________________________________________ DATED_____________________ Resident SIGNED_________________________________________ DATED_____________________ Management

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EXHIBIT “D”

PET AGREEMENT AND RULES

Resident(s) must obtain written permission from park management (“Management”) to keep a pet in Hollywood Beach Mobile Home Park (the “Park”) and must execute the Pet Agreement and Rules. Resident(s) understands and agrees that the following are the only pets allowed in the Park pursuant to the Park’s Rules and Regulations and that no pet of any guest of a Resident is allowed in the Park, except for guide and service dogs. _____Dog, defined as not to exceed _____pounds and/or ________inches in height when fully mature. _____Cat. _____Other________________________________________________________________. Resident(s) agrees to comply with any state or local governmental law, regulation, or ordinance governing the proper inoculation and licensing of any pet allowed to remain in the Park. Resident further agrees to abide by any additional pet restrictions contained in the Park’s rules and Regulations. In the event of any conflict between this Pet agreement and Rules and the Rules and Regulations of the park, the Rules and Regulations of the Park shall control. Resident(s) also agrees to the following: 1. If a dog is allowed in the Park:

a) Disturbances, such as barking, snarling, growling, etc., which will annoy other Residents are causes for revoking permission to keep your pet in the Park.

b) Any dog, when not inside your home or contained within a pet run or fenced yard, must be on a short leash.

2. Regardless of the type of pet: a) No pet is to invade the privacy of anyone’s Space, flowerbeds, shrubs, yard, etc.

b) No pets are permitted in the clubhouse, recreation area, Common Areas, laundry room, etc.

c) Droppings must be picked up and disposed of daily. d) If a Resident loses a pet, written permission must be acquired from Management before

replacing the pet. In the event the Park revises its rules and Regulations to prohibit certain pets in the Park, the Resident shall not have the right to replace the pet.

e) No dog or other domestic animal is allowed to run at large in the Park.

The Park encourages pets to be spayed or neutered. However, in the event of offspring, the Management must be notified and written permission must be obtained for the offspring to stay in the Park for an interim period. Further, Resident(s) understands that he or she is responsible for any damage to Park property or the property of other Residents caused by the pet, including waste and any disturbances or annoyances caused within the Park.

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I HAVE READ THE ABOVE PET AGREEMENT AND RULES AND AGREE TO ABIDE BY ITS TERMS AND PROVISIONS. I UNDERSTAND THAT VIOLATION OF ANY OF THESE RULES IS CAUSE FOR REVOKING PERMISSION TO KEEP A PET AND MAY BE GROUNDS FOR TERMINATION OF MY TENANCY. DATED:_____________________ __________________________________________ Resident DATED:_____________________ __________________________________________ Resident Permission is given to the above Resident(s) to keep the following described pet at 4501 Channel Islands Boulevard, Space _______, Oxnard, California 93035. TYPE__________________________________WEIGHT_____________AGE____________ NAME________________________________ DISTINGUISHING MARKS____________________________________________________ RABIES VACCINATION #___________________________LICENSE #________________ DATED:_____________________ __________________________________________ Park Management

[PLEASE ATTACH PICTURE OF PET]

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