Frequently Called Numbers

Management Company 1-800-223-6272 CJM Association Services Inc. 1-925-426-1508 Fax: 1-925-426-1494 Email: Jason@cjmasi.com Customer Service: customerservice@cjmasi.com Emergency 911

Fire Prevention

408-730-7610

Police Department

408-730-7110

Pacific Bell Repairs

1-800-310-2355 611 408-730-7262

Recycling

Strongarm Security Emergency Pager

408-227-3105 408-930-3358

Sunnyvale, City of

408-730-7500

Sunnyvale Towing

408-736-9645

TCI Cable

408-744-1515
CJM Association Services Inc.
P.O. Box 190 Pleasanton, CA 94566
Revised July 23, 2007

Sunnyvale Mediation Services

22. Children must be accompanied by an adult. Please advise your children that the Pool Room is not a play area and he/she will be required to adhere to the rules. 23. The following is a partial list of possible charges that may be assessed if the facility is not adequately cleaned. SWEEP FLOOR $25.00 CLEAN TABLE $25.00 WIPE CHAIRS $25.00 RETURN FURNITURE TO ORIGNAL LOCATION $25.00 TURN OFF LIGHTS, FAN AND HEAT $25.00 LOCK DOOR AND RETURN KEY IF APPLICABLE $25.00 POOL ROOM CONTENTS: POOL ROOM CAPACITY: POOL ROOM ADDRESS: 1 table and 8 chairs 8-10 AT POOL

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necessary collection, that fee plus a 20% surcharge will be added to your monthly dues. Your responsibility for the Pool Room Begins when you receive the key and ends when you return it. 6. You must remain with your guests at all times when they are in the Pool Room. 7. All lights, fan and heat must be turned off after use. 8. The Pool Room building must be locked when you are finished (all doors and windows). 9. The Pool Room hours are 8:00 am to 11:00 pm. (These hours include clean-up time.) 10. No pets or wet bathing suits are allowed in the Pool Room at any time. 11. Undue noise is not allowed. There is a local noise ordinance in Santa Clara County; surrounding residents may call the police if you are disturbing the peace. 12. You may not sell liquor, nor accept donations for any function held in the Pool Room. 13. There can be no business conducted in the Pool Room. 14. Pool Room may not be used for meetings of more than ten (10) people. 15. Absolutely no alcohol may be taken into either the meeting room or pool area by meeting attendees. 16. All streets are Fire Lanes. Your guests must park in the parking stalls. Any vehicle parked in the Fire Lanes will be towed at the owners expense. 17. If you use the Pool Room for a private function, you are personally liable for any damages to the facility and its contents. You will be asked to sign the Agreement for Use of Pool Room prior to your function, stating that you agree to this, and that you will abide by the rules given above. This Agreement also defines the possible penalties if you break the rules. 18. Maximum rental period will be for six (6) hours, plus adequate clean-up time. Should private functions extend beyond six (6) hours, there will be a $25.00 per hour (or increment thereof) rental charge, which will be deducted from the members deposit. 19. Smoking is prohibited in the Pool Room. 20. Trash must be removed from the Pool Room site before the deposit is refunded. 35 21. After each activity, the Pool Room must be swept.

TABLE OF CONTENTS
Page Introduction 1 Definitions 3 The Association 5 Vehicles, Parking & Garages 8 Vehicles & Parking 8 Towing 9 Garages 10 Pets and Other Animals 11 Rules for Enjoyment of the Pool and Spa Areas 12 Home Businesses 13 Day Care Operations 13 Maintenance, Pest Control and Utilities 14 Maintenance Companies & Schedules 14 Pest Control 14 Garbage & Recycling 15 Utility Companies 15 Utility Rooms24 Hour Notice Required 15 Association Common Areas 16 Units, Restricted Common Areas and Owners Responsibilities 17 Architectural Guidelines 19 Maintenance and Assessments 23 Delinquent Assessment Policy 24 Miscellaneous Guidelines 26 Washing Machine Hoses 26 Fire Hazard 26 Common Area Landscaping 26 Stair Landings 27 Balconies/Decks 27 Bulletin Boards 28 Tot Lot & Exercise Area 28 Mail 29 Lights 29 Vandalism & Crime Prevention 29 Rentals 29 Homeowner Negligence 30 Pool and Spa Rules 31 Noise 32 Violation and Fine Policy 33 Rules for Private Use of the Pool Room 34

Introduction
The purpose of the Fair Oaks Place Homeowners Association (FOPHOA) Handbook is to make readily available to each of the Members and Residents a quick, easy-to-read reference to the Governing Documents and Rules and Regulations of the FOPHOA. This Handbook does not replace the "Amended By-laws" or the "Amended Declaration" which you received when you purchased, or rented, your Condominium. In addition this Handbook is not a legal interpretation of the official Governing Documents of the Fair Oaks Place Homeowners Association. Every Owner is strongly urged to read the Governing Documents and Rules and Regulations in their entirety. Living in a Condominium has many advantages. One of the advantages is that each owner becomes a Member of a California nonprofit mutual benefit corporation and that the Governing Documents "impose upon the property mutually beneficial restrictions for the benefit of all of the Owners of Units". When we made the decision to purchase at Fair Oaks Place (FOP) we consented to abide by the Governing Documents of the FOPHOA as well as any rules that may be adopted by the Board of Directors of the FOPHOA. The Board of Directors, elected by the Owners, is the governing body of the FOPHOA. The Board has the responsibility of managing the affairs of the FOPHOA, enforcing the "Amended By-laws", the "Amended Declaration" and any Rules and Regulations passed by the Board of Directors. FOP is an established development. As FOP has matured, the Members and the Board have experienced "growing pains". To preserve and improve the Common Areas, and in the best interests of all of the Members and Residents of FOP, the Board has found it necessary to enact additional Rules.

makes a decision regarding sanctions. A written notice of that decision is mailed to the homeowner in violation within five working days after the hearing. 5. If the Board of Directors deems that a fine is necessary, a fine of up to $50.00 will be assessed against the account of the homeowner monthly (or per occurrence, depending upon the type of violation) until the violation is corrected.

Rules for Private Use of the Pool Room

1. The Pool Room may be rented for private meetings only by a Fair Oaks Place HOA owner-of-record (who must be at least 18 years of age) when there is no previous community activity planned. Community activities always take precedence. No rental of the Pool Room will be allowed for private business use or private functions for which a fee is charged to the guests. The Board reserves the right to refuse rental at their discretion. 2. Rental requests will be accepted on a first-come, firstserved basis. Owners must file an Agreement for Use of Pool Room no earlier than sixty (60) days in advance and no later than two (2) weeks in advance for private meetings (no business meetings). 3. Owners who are delinquent in the payment of their monthly homeowners assessment or have an outstanding infraction of the Associations CC&Rs will not be allowed to reserve the Pool Room. 4. The Pool Room is available only by reservation by calling CJM Association Services, Inc. at (925) 426-1508. Reservation of the Pool Room expressly does not include reservation of the pool and spa areas. 5. You are responsible for leaving the Pool Room in the same clean condition in which it was found. This includes vacuuming after each function. If you want to use the Pool Room for a private function, you must sign an Agreement for Use of Pool Room and submit it with a usage fee check and security deposit (usage fee $25.00, refundable security deposit $150.00). If your checks are not honored upon 34

Violation and Fine Policy

The following violation notification and fine policy was adopted by the Board of Directors of Fair Oaks Place Homeowners Association on April 19, 1993, for use when owners/residents are in violation of the governing documents of the Association. This fine policy is being distributed to all Fair Oaks Place owners and residents as required by the California Civil Code. 1. First notice of noted or reported violation is sent to homeowner. Please note that unit owners are responsible for the actions of their tenants and guests. 2. If violation is not corrected and homeowner has not contacted the Association to explain when it will be corrected within 30 days of the first notice, a second notice is mailed, giving the owner a specific time to correct the error (30 days or less) and advising him/her that he/she will be invited to a hearing before the Board of Directors, which could result in sanctions against him/her if the violation is not corrected. 3. If the violation has not been corrected within the time limits given in the second letter, the Association invites the homeowner to a hearing, listing any or all of the following sanctions being considered by the Board: a. A fine of $50 per occurrence (or per month); b. Correction of the problem by the Association and a Reimbursement Assessment to be charged to the homeowner; c. Legal action if required, which will be charged back to the owner as a Reimbursement Assessment; d. Loss of the right to use of the recreational facilities; e. Loss of the right to vote.

Please be sure to read this entire Handbook, and the Governing Documents. We are all responsible for following the Rules and Regulations. You are encouraged to keep this Handbook available for reference and to consult the "Amended By-laws" and "Amended Declaration" for full details of the FOPHOA Governing Documents. If you own a Condominium in Fair Oaks Place and you are renting/leasing your Unit, it is your responsibility to see that your tenants abide by the Rules and Regulations of FOP as set forth in the Governing Documents and Rules published by the Board. This means that you should give your prospective tenants a copy of this Handbook and inform them they must abide by the rules. It is the desire of the Board to keep open communication with the Owners and Residents of FOP. There is a monthly newsletter that is mailed to all Owners of Units at FOP. The newsletter is also mailed to all Units occupied by NonOwners. The Board encourages Owners to attend the monthly meetings of the Board and to become active on the various committees that exist or that may be created in the future. In essence, this is our HOME and we should not only take pride in our Condominiums but also in the Common Areas. We do not want our property values to decrease because some residents don't use common sense and don't abide by the rules. Condominium living should be a harmonious environment where all Owners and Residents take responsibility for their actions and are considerate of their neighbors so that we can all have the quiet enjoyment of our homes. Fair Oaks Place Board of Directors March, 2000

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4.

The hearing is held and the Board of Directors

Definitions
Throughout this Handbook you will see words used that are unique to Condominium living. To help you understand their meanings, following are definitions of some of the terms used. This is not a complete list, nor are the definitions complete - for a complete list of words and their complete legal definitions, refer to Article I of the "Amended Declaration of Covenants, Conditions and Restrictions", and Article 2 of the "Amended By-laws". Amended Declaration: "Amended Declaration" shall mean the "Amended Declaration of Covenants, Conditions and Restrictions of Fair Oaks Place Homeowners Association", recorded in the Office of the County Recorder of Santa Clara County, California. (Article 1.17 of the Declaration) Assessment: That portion of the cost of maintaining, improving, repairing, operating, and managing the property that is paid by each Unit owner as determined by the Association. May refer to Annual, Special or Reimbursement Assessments. (Articles 1.2, 1.34, 1.39 of Amended Declaration - partial) Association: Refers to the Fair Oaks Place Homeowners Association, a California nonprofit mutual benefit corporation, the members of which are owners of Fair Oaks Place condominiums. (Article 1.6 of Amended Declaration) Board or Board of Directors: The governing body of the Association elected by the Homeowners (Members). (Article 1.7 of Amended Declaration) Common Area(s): "Condominium common area" and "recreational common area" refer to all of the property excepting the individual Condominium Units including, but not limited to, foundations, bearing walls, sub-floors, ceilings, roofs, central hot water heaters, landscape, landscaping equipment, swimming pool, spa, and recreational equipment. (Article 1. 14 of Amended Declaration)

mum. 8. PLEASE USE THE ASHTRAYS AND GARBAGE CANS APPROPRIATELY. 9. Be considerate of lap swimmers. 10. Pool and patio furniture is to remain in the pool area. 11. To conserve electricity please replace the spa cover and turn off the timer when you have finished using the spa. 12. Keep gates LOCKED at all times. Please use your key. 13. Phone is available for 911 emergencies (no coins are necessary). Keys for the pool area are issued only to Unit Owners. It is your responsibility to obtain a pool key from whomever you purchased or rented your Unit. If you lose your key there is a replacement fee levied by the Association. These charges are non-refundable. See front cover insert for current fees. Noise Noise is a significant issue at Fair Oaks Place. Please be careful that you keep noise levels within your own unit. Noise should be kept at a minimum between 9:00pm and 9:00am. Hardwood floors are banned from Fair Oaks Place. Section 8.5 of the CC&Rs states, in part, All floors, except kitchen, bathroom(s) and entry hall floors, must be carpeted with wall-to-wall carpet . Due to the difficulty of proving noise cases, the Association suggests that neighbors with noise issues consult Mediation Services to handle the problem. The number for this service can be found at the back of this handbook. Otherwise, noise issues are handled in the same manner as other violations, which may be found in the Violation and Fine Policy.

32

right to levy a Reimbursement Assessment against any Owner for repairs that were required due to their negligence in reporting problems to the association or for damage they, their guests, tenants, or other invitees cause to the common area. When a homeowner discovers a leak into his or her unit and it is not immediately reported to the Association, dry rot and mold can be a result of that negligence. While the Association will be responsible for repairing the leak (unless caused by the owner or included in the Owners maintenance responsibility or Exclusive Use Common Area), the Owner will be charged for any resulting dry rot repair and/or mold remediation costs. Approved by the Board of Directors March 27, 2006. Mailed to homeowners for review and comments. Adopted by the Board of Directors May 22, 2006. Pool and Spa Rules The swimming pool and spa area are reserved for the exclusive use of Owners and Residents of Fair Oaks Place and their accompanied guests. Access to the pool and spa is by key only. All residents and guests should abide by the rules listed below. These Rules are for your safety and the safety of others using the pool and spa area, as well as consideration for Residents in the surrounding buildings. 1. GLASS OF ANY KIND IS NOT ALLOWED IN THE POOL AND SPA AREA. 2. A parent or legal guardian must accompany children under 14 years of age. 3. PETS are not permitted in the pool and spa area. 4. Running, roughhousing, horseplay, diving and sexual activities are not permitted. 5. Playing with pool and life saving equipment is prohibited. 6. Sports equipment that is not normally used in a pool is not permitted in the pool and spa area. 31 7. Please keep radios turned down and noise to a mini-

Condominium: An estate in real property consisting of title to a Unit and an undivided interest in the common area. (Article 1. 12 of Amended Declaration) Declaration: "Declaration" shall mean the Amended Declaration of Covenants, Conditions and Restrictions of Fair Oaks Place Homeowners Association, recorded in the Office of the County Recorder of Santa Clara County, California, and any amendments thereof. Exclusive Use Common Area: "Exclusive Use Common Area" shall mean any portion of the Common Area, the exclusive use of which is assigned and restricted to the exclusive use or possession of the Residents of a particular Unit. Examples are: the balcony areas, decks, wet bar/bay window overhangs and assigned garage space for each Unit. (Article 1.21 of Amended Declaration) FOP/FOPHOA: Fair Oaks Place; and Fair Oaks Place Home Owners Association. Garage Door Opener/Remote Control Units: "Garage Door Opener" shall mean a mechanical device, usually mounted on the ceiling inside a garage, which opens the garage door. "Remote Control Unit" shall mean an Electronic Remote Control (hand-held device) or Push Button Pad (usually mounted on a wall), which will open a garage door by remote control. Governing Documents: The Governing Documents of Fair Oaks Place are the following: the "Amended Articles of Incorporation", the "Amended Bylaws" and the "Amended Declaration of Covenants, Conditions and Restrictions", and well as any resolutions duly adopted by the Board and distributed to the Members. (Article 1.24 of Amended Declaration) Maintenance: The act of caring for property and keeping it in its existing state, preserving it from failure or deterioration, including painting, caulking, cleaning, and minor nonstructural upkeep.

Member: Person(s) who own a Condominium Unit are automatically a member in the Association. When a Unit is sold, membership in the Association transfers to the new owner(s). (Article 1.27 of Amended Declaration) Member in Good Standing: Member of the Association who is current in the payment of all dues, assessments, fines, penalties and other charges imposed in accordance with the Governing Documents and who is in compliance with all of the provisions of the Governing Documents. (Article 1.28 of Amended Declaration) Owner: The record holder of title of a condominium. Such titleholder automatically becomes a member of the Association and assumes all rights and responsibilities of ownership. (Article 1.31 of Amended Declaration) Project: Place. All of the real property comprising Fair Oaks

1.

No Resident shall permit noise to emanate from the Residents Unit or Exclusive Use Common Area, which would unreasonably disturb another Residents enjoyment of his or her Unit or of the Common Area. (Section 4.4 of the CC&Rs). Don't disturb your neighbors by running your washing machine or other appliances after 10:00 p.m. 2. Residents may not park more than two vehicles per unit in the community and must comply with all parking rules. No exceptions will be made. 3. Except in an extreme emergency, water may not be shut off to a building without 24-hour advance notice to all homeowners in that building; residents in violation of this policy are subject to Notice, Hearing and fines. Adopted by the Board of Directors on January 19, 2005 Effective upon Distribution on February 1, 2005

Homeowner Negligence The CC&Rs, Article 1, Section 1.25 describes Maintenance as: Maintenance shall mean the act of caring for property and keeping it in its existing state, preserving it from failure or deterioration, including painting, caulking, cleaning, and minor non-structural upkeep. Article 8 of the CC&Rs, specifically Section 8.3, outlines the responsibilities for maintenance and repair of common areas and units. The Association has both the duty and the resources for repairing and maintaining the common areas, through the budget, reserves, insurance and special assessments. The Associations Insurance policy does not cover leaks from normal aging of the building, homeowner negligence in reporting leaks, mold, or lack of maintenance. The Associations policy covers single-event losses, such as a tree falling on the building, a storm damaging the roof and causing flooding, a burst water line flooding one or more units, a fire, etc. Unless the cause of these events is the Associations responsibility, the owner of the unit will be responsible for the deductible on the insurance policy, which is currently $10,000. Section 8.6 of the CC&Rs gives the Association the 30

Resident: Any person who resides in a Unit within Fair Oaks Place whether or not such person is an Owner or Renting/Leasing a Unit. (Article 1.37 of Amended Declaration) Rules: Rules and regulations governing the use, management, administration and operation of Fair Oaks Place adopted and published by the Board of Directors from time to time. (Article 1.38 of Amended Declaration) Unit: The parts of a Condominium that are not part of the "Common Area", including but not limited to, the interior space contained by the walls, floors, ceilings windows and doors. (Article 1.40 of Amended Declaration)

The Association
Membership in the Association is automatic upon becoming a Unit Owner and ends upon sale of the Unit. This membership cannot be transferred or pledged except

Mail It is recommended that you do not leave outgoing mail on top of the mailboxes. Any outgoing mail left on the top of the mail boxes may be picked up by unauthorized people; or blown away by the wind through the breezeways. There is a mail drop box located across the street in front of the market. If you find "junk" mail around the boxes, please take the initiative and throw it away. There is a package drop in the Complex for parcels that will not fit in your mailbox. These are located near Building 605. The Post Office will place a notice and key in your individual mailbox so that you may retrieve your package. PLEASE LEAVE THE KEY AFTER YOU PICK UP YOUR PACKAGES. Lights If you notice that any lights are out or not functioning properly, please immediately notify the Management Company so that the problem can be repaired. Vandalism and Crime Prevention You can help keep vandalism and crime in our complex to a minimum by reporting any suspicious persons or activities to the Department of Public Safety, Crime Prevention Unit by IMMEDIATELY calling 408-730-7140 or for Emergencies call 911. Rentals All owners of rental units must provide proof to the Board of Directors that they have given their tenant a copy of the governing documents, including the CC&Rs and the Owners Handbook and that they have discussed pertinent issues 29 with the tenant, including, but not limited to:

upon sale or encumbrance of the Unit and then only to the purchaser. Upon death of the owner, his/her membership passes automatically, along with the title, to his/her heirs. (Article 3.2 of the Amended Declaration) Any action by the Association which must have the approval of the members before being undertaken requires, at minimum, the vote of a simple majority of the membership. There are some items that require a two-thirds majority. (Article 12.1of the Amended Declaration) The Association is responsible for maintaining insurance as outlined in Article 5.8 of the Amended Declaration. Each homeowner should also carry insurance on his or her unit and personal belongings. The Associations building coverage currently has a $10,000 deductible, which may be charged to an owner if they are responsible for damage to a unit or the common area. (Also see Article 8.2.12 (8) of the Bylaws). The Association may charge the Owner(s) responsible for the existence of any lien applied to the common area for those costs (after notice and a hearing takes place). (Article 8.6 (a) and (b) of the Amended Declaration) The Association shall fix, levy, collect, and enforce assessments. (Article 5.7 of the Amended Declaration) The Association pays all expenses incurred by the Association in the conduct of its business including license fees, taxes, or governmental charges. (Article 6.3 of the Amended Declaration) The Association enforces the Governing Documents, including but not limited to, the Amended Declaration, Amended By-laws and Rules and Regulations. (Articles 11.4 (a) and 5.4 of the Amended Declaration) The Association has the authority to obtain water, gas and electric services, and garbage collection for the benefit of the Common area and all Units. (Article 5.13 of the Amended Declaration) 6

The Association has the authority to employ a manager for FOP and to contract with independent contractors to perform all or part of the duties and responsibilities of the Association except to levy fines, impose discipline, hold hearings, file suit, record or foreclose liens, or make capital expenditures. The contract for management services cannot exceed one year and provides that the Association may terminate the contract, with cause, on 30 days written notice, or without cause or payment of a termination fee on 90 days written notice. (Article 5.6 of the Amended Declaration) The Association or the Board of Directors may make reasonable rules not inconsistent with the Amended Declaration relating to use of the common areas and conduct of residents, owners, and guests with respect to the property. (Article 8.11 of the Amended Bylaws) The Association or its agent may enter a Unit or common area at reasonable hours for the purpose of performing repairs, construction, or maintenance after giving reasonable notice (not less than 24 hours, except in emergencies) to the Owner. The Board, at the Associations expense, shall repair any damage caused by such entry (unless the damage is caused by Owner's negligence). (Article 8.2 of the Amended Declaration) The Association may impose fines or take disciplinary action against an Owner for not paying assessments or for violations of the Governing Documents. Penalties may include fines, temporary suspension of voting rights. The accused member must be given notice and the opportunity to be heard with respect to the violation before any fine or penalty can be imposed. (Article 11.4 (a) through (e) of the Amended Declaration) The Association has the power to contract for goods and services for the common areas, facilities, and interests of the Association subject to the limitations of Article 7.3 of the Bylaws or elsewhere included in the condominium documents.

their plant pots. All pots on the exterior, decks, ledges, and front door landings shall have drainage dishes. Bulletin Boards Any item placed on bulletin board must have the date of posting, the posters name or address and must be removed after 30 days, unless posted by the Board of Directors or management. The bulletin boards are for use by Fair Oaks Place residents only. Pushpins or thumbtacks only may be used. Any postings not in compliance with this policy will be removed. Tot Lots, Exercise and Green Belt (Lawn) Areas Tot lots, exercise and green belt areas are reserved for the exclusive use of the Owners and Residents of Fair Oaks Place and accompanied guests. All residents should abide by the rules listed below. These rules are for your safety and the safety of others while using the Tot Lots, exercise and green belt areas as well as for consideration for the residents in the surrounding buildings. 1. Glass of any kind is not allowed in the tot lot or exercise areas. 2. A parent or legal guardian must be accompany children under 14 years of age while they are playing on the Tot Lot equipment 3. Pets should not be taken into the Tot Lot and exercise areas, but are allowed in the green belt areas. All pet owners must keep their pets on a leash and under their control at all times, and should immediately clean up and properly dispose of any waste from their pets. 4. Running, roughhousing, horseplay, and improper use of the Tot Lot and exercise equipment is not permitted at any time, and any damage due to negligence or delinquent acts will bring charges to the offending party or their parents or legal guardians. 5. No golf clubs used or destructive sports may be played on the green belt/lawn areas. 6. Please be considerate of other residents by keeping noise levels to a reasonable level and by not littering in these areas. 28

Stair Landings Storage containers of any kind are not allowed on the landings, including the area near your front entrance. Containers for live plants are allowed but plants should be kept neat and trimmed. Balconies/Decks Permanent umbrellas, overhead sunscreens or roofs on balconies or decks are not allowed. Collapsible umbrellas or sunscreens may be used. No wind barriers shall be constructed on or above the balconies or decks. No balcony or deck enclosure shall be allowed. Astro-turf accelerates decay of the decks and so is not allowed as a deck floor covering. Other deck coverings must be approved by the Board of Directors prior to installation. Owners will be held responsible for the repair of any damages resulting from the use of deck floor coverings. Only patio furniture designed for exterior use is allowed on the decks and balconies. No other furniture which is of interior grade shall be allowed to remain on the decks. There shall be no storage allowed upon the balconies, decks, front door landings, or stairway landings. Only barbecues or hibachis that are designed for use on decks or balconies are allowed. All barbecues and hibachis, when in use, shall be placed in a position and secured as to ensure fire safety. It is recommended that electric starters or propane barbecues are used rather than lighter fluid. No laundry, wash, or similar items (including wet suits) shall be dried or hung or aired upon the exterior of any structure such as balconies or decks. Flowerpots may be displayed on ledges of the balconies; 27 however, owners are liable for any accidents involving

The Association may limit the number of residents and guests who may use the recreational facilities providing the limitations apply equally to all owners, except where disciplinary action is imposed. (Article 2.2 (a) of the Amended Declaration) The Association is responsible for the maintenance and repair of all utility installations in the common area except those maintained by the utility companies. (Article 8.1 of the Amended Declaration) The Association shall pay all charges for utilities supplied to the project except those metered or charged separately to individual units. (Article 5.13 of the Amended Declaration)

Vehicles, Parking and Garages

Vehicles and Parking The speed limit within FOP is 5 MPH! Please observe the speed limit drive carefully for the safety of children and other residents. Also be courteous and let people pulling in or out of their garages have the right of way. Most common area parking spaces must be permanently available for guest parking. Each Unit Owner/Resident may only have two vehicles in FOP and these vehicles must be parked in their Unit's designated garage. Parking spaces in the complex may not be rented, either by an individual Owner/Resident or by the Association. The Owners of #3 Units have garages which only accommodate one car, therefore, they may obtain a permit to park a second car in the common area guest parking. Other than temporarily, and in accordance with the Rules, the following are not allowed on the property at any time: 8

Trailers, campers, mobile homes, motor homes, house cars, boats, commercial vehicles, inoperable vehicles or any similar equipment. ("Commercial vehicle" does not include standard size vans and pickups for personal use and without markings which are offensive to residents.) Outdoor storage of recreational vehicles exceeding 18 feet in length is prohibited. Noisy or smoky vehicles and unlicensed motor vehicles may not be operated on the property. Articles 4.14 and 4.15 of the Amended Declaration Towing All vehicles parked in the Common Area must display a FOP pass! Resident-owned vehicles parked in the common area may be subject to towing. Vehicles belonging to guests may also be subject to towing if the vehicle is parked for an extended period of time with no valid Guest Parking pass displayed. 1. Any vehicle parked in the community more than 60 days in a year may be ticketed 3 times and then towed (unless an extended parking pass or a #3 sticker is displayed). The 60day period must be within a 365-day interval (see #7 below). 2. Any vehicle parked in the community without a guest tag, extended pass or #3 sticker may be ticketed 3 times and then towed. 3. A vehicle must be in consecutive violation of the same rule before it is towed (e.g. 3 times in excess of 60 days or 3 times without a parking tag). 4. Any owner parked in guest parking without a #3 sticker will be towed after one warning. 5. Any vehicle parked in a fire lane may be towed without notice to the owner. 6. Any vehicle that is not a compact (defined by insurance companies) and is parked in an area posted for a compact vehicle is subject to towing after one ticket is issued. 7. Any violation over a year old is automatically dropped 9 from records maintained by Security. This is not a calen-

Miscellaneous Guidelines
Washing Machine Hoses Water pressure build-up in the hose of your washing machine can cause the hose to rupture. If there are still rubber hoses connecting your washing machine we recommend that these rubber hoses be replaced with braided steel hoses available at any home supply or hardware store. FOR EXTRA PROTECTION PLEASE TURN OFF THE WATER WHEN YOUR WASHING MACHINE IS NOT IN USE. The Association is not responsible if a hose breaks and there is water damage to your Unit, other Units in the Building or Association property. Please remember that the rules for noise also apply to washing machines - don't disturb your neighbors by running your washing machine after 10:00 p.m. Fire Hazard Barbecue grills on the decks are potential fire hazards. Put your grill in a location away from the main building. If you currently use liquid charcoal starter, you may wish to consider purchasing an electric or propane starter. Remember, if you cause damage to any common area, including restricted common areas, you are responsible and you must pay for the costs of repairs or replacement. Common Area Landscaping All landscaping throughout the complex is the responsibility of the Association and you are asked not to do any planting in the landscaped areas or in any common area. The Association will remove any unauthorized planting.

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Notice of Delinquent Assessment (Lien) will be prepared and sent to the record owner(s). Please be advised that the Association has the right to collect all reasonable costs of collection. 4. All such amounts, and all other assessments and related charges thereafter due to the Association until all such amounts are paid, must be paid in full and the Association shall not be required to accept any partial or installment payments from the date of the institution of an action to enforce the payment of delinquent amounts to the time that all such amounts are paid in full. 5. If all such amounts have not been received sixty (60) days after the original due date thereof, a Lien will be prepared and recorded as to the delinquent property and the owner(s) thereof, and all resulting collection fees and costs will be added to the total delinquent amount. 6. All payments received by the Association, regardless of the amount paid, will be directed to the oldest assessment balances first, until which time all assessment balances are paid, and then to late charges, interest and costs of collection unless otherwise specified by written agreement 7. The Association shall charge a returned check charge of twenty-five dollars ($25.00) for all checks returned as non-negotiable, insufficient funds or any other reason. 8. All above-referenced notices will be mailed to the record owner(s) at the last known mailing address and secondary address provided in writing to the Association by such owner(s). 9. The mailing address for overnight payment of assessments is the same as that for routine assessment payments unless otherwise noted. 10. The Board of Directors of the Association may revise this policy, either generally or on a case-by-case basis, if it finds good cause to do so. Revised and approved by the Board of Directors on 11/16/05. Mailed to homeowners for 30-day review. Adopted by the Board of Directors January 23, 2006.

dar year, but a running 365-day period. Please contact the Management Company for information on an extended parking pass. Articles 4.14 and 4.15 of the Amended Declaration Garages Garages are to be used for the parking of permitted vehicles and cannot be converted into habitable space (such as, but not limited to, a hobby or recreation room). Garages may be used for the storage of household and/or out-ofseason goods so long as the permitted vehicles can still be parked in the garage. Garages are to be kept in a safe condition. The Association shall have the authority to require a garage to be cleaned, at the Owner's expense, if the Board determines that the contents of a garage constitute a safety violation or a hazardous condition. Garage interiors shall be made accessible to the Association and its agents for the purpose of performing building maintenance or repairs upon reasonable prior notice, except in the case of an emergency. Garage doors are to be kept closed except when someone is working in the garage. Boats, trailers, campers, mobile homes, etc. may not be stored on the property unless the item will fit within a garage and still allow the permitted vehicle(s) to be parked in the garage. Article 4.16 of the Amended Declaration

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No dogs, cats birds, reptiles/snakes, or other animals of 10

Pets and Other Animals

any kind may be kept, bred, or raised for commercial purposes in any Unit or within FOP. The total number of all pets kept in any Unit within FOP is limited to one (1) normal and ordinary household pet (i. e., dog, cat or bird) which must not exceed thirty (30) pounds in weight. While in the Common Areas, each dog must be restrained on a leash held by a responsible person capable of controlling it, and the owner of each pet shall be responsible for immediately removing and disposing of any waste introduced to any portion of FOP by such pet. After making a reasonable attempt to notify the owner, the Association or any Owner may cause any unleashed dog found within the Common Area to be removed by the Association (or any owner) to a pound or animal shelter under the jurisdiction of the City of Sunnyvale or the County of Santa Clara by calling the appropriate authorities, whereupon the owner may, upon payment of all expenses in connection therewith, repossess the dog. The Association shall have the right to prohibit the keeping of any animal that constitutes, in the sole and exclusive opinion of the Board, a nuisance or danger to any other person. Each Owner, Resident, and any person bringing or keeping an animal within FOP shall be absolutely liable to the Association and all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon FOP by such person or by members of his or her family, tenants, guests, or invitee. The Owner shall indemnify the Association and its officers, directors, and agents against any and all claims, damages, losses, demands, liabilities, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the presence of conduct of any animal brought upon or kept within FOP by the Owner, members of his or her family, guests, tenants, or invitee. The Board may adopt and enforce pet Rules in addition to the provisions of this Section 4.11. Article 4. 11 of the Amended Declaration 11

nomic interests, recreation, health, safety, and welfare of all the residents and for the improvement and maintenance of the common area. (Article 6.3 of the Amended Declaration) California law and the legal documents of the Association fix the maximum amount the assessments can be increased annually without a vote of the Membership. The Board shall set the amount of the assessments and notify the owners 45 - 60 days in advance of the assessment period. (Article 6.5 of the Amended Declaration)

Delinquent Assessment Policy

Any assessment not paid within 15 days after the due date may bear interest at the rate of 12% per annum until paid, and shall incur a late payment penalty, which shall be set by the Board. No sale or transfer of a condominium shall affect the assessment lien. (Articles 6.1 and 6.11 of the Amended Declaration) The Board may temporarily suspend the voting rights and right to use recreational facilities of a member who is in default in payment of any assessment, after notice and hearing, pursuant to California law and the By-laws. 1. Regular assessments are due, in advance, on the first (1st) day of each assessment period and delinquent if not received, in full, by the Association within fifteen (15) days after the due date thereof. Special and Special Individual Assessments are due on the date(s) specified upon imposition and each installment thereof shall be delinquent if not received by the Association within fifteen (15) days after it is due. A late charge of ten dollars ($10) or ten percent (10%) of the delinquent assessment, whichever is greater, shall be due on any such delinquent assessment. 2. At the option of the Association, interest shall be due on such amounts, once due and unpaid for thirty (30) days, at the rate of twelve percent (12%) per annum. 3. If any portion of any such assessment, late charge, interest or cost of collection remains unpaid thirty (30) days after the original due date thereof, a Letter of Intent to file a 24

purtenant to their unit. 4. Satellite dishes may only be installed in exclusive use common areas, unless an exception is granted by the Board of Directors or the Architectural Committee. Any request for installation will be responded to in writing without unreasonable delay (30 days or less). 5. Owner installing dish must camouflage dish through paint to match color scheme or by placing small plants in front of it. 6. Owners may not puncture walls or windows to run cables. Cables can be attached to the building walls by removable adhesives or by products that provide cable-tocable signal transmission through glass windows. 7. Owners installing satellite dishes will be responsible for any property affected by the installation and must remove and reinstall dish when buildings are to be painted or other repairs are needed. 8. Owners must remove satellite dish if it falls into disrepair, becomes a hazard in any way, or if they move from their unit. 9. Unsafe antennas or dishes such as those than cannot withstand strong winds or that block exits must be removed immediately. 10. These rules are subject to change without prior notice to homeowners. Adopted by the Board of Directors May 19, 1999.

Rules for Enjoyment of the Pool and Spa Areas

The swimming pool and spa area are reserved for the exclusive use of Owners and Residents of Fair Oaks Place and their accompanied guests. Access to the pool and spa is by key only. All residents and guests should abide by the rules listed below. These Rules are for your safety and the safety of others using the pool and spa area, as well as consideration for Residents in the surrounding buildings. 1. GLASS OF ANY KIND IS NOT ALLOWED IN THE POOL AND SPA AREA. 2. A parent or legal guardian must accompany children under 14 years of age. 3. PETS are not permitted in the pool and spa area. 4. Running, roughhousing, horseplay, diving and sexual activities are not permitted. 5. Playing with pool and life saving equipment is prohibited. 6. Sports equipment that is not normally used in a pool is not permitted in the pool and spa area. 7. Please keep radios turned down and noise to a minimum. 8. PLEASE USE THE ASHTRAYS AND GARBAGE CANS APPROPRIATELY. 9. Be considerate of lap swimmers. 10. Pool and patio furniture is to remain in the pool area. 11. To conserve electricity please replace the spa cover and turn off the timer when you have finished using the spa. 12. Keep gates LOCKED at all times. Please use your key. 13. Phone is available for 911 emergencies (no coins are necessary). Keys for the pool area are issued only to Unit Owners. It is your responsibility to obtain a pool key from whomever you purchased or rented your Unit. If you lose your key there is a replacement fee levied by the Association. These charges are non-refundable. See front cover insert for current fees.

Maintenance and Assessments

Each owner agrees to pay to the Association assessments or charges (special assessments) to cover the costs of maintaining the common areas and the recreational common areas. If an owner does not pay regular or special assessments, any interest accrued and costs and attorneys fees shall be a continuing lien on the owner's condominium. Owners cannot exempt themselves from liability towards the common expenses. (Article 6.1 of the Amended Declaration)

23 The assessments are for the exclusive use of the eco-

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Home Businesses
No business of any kind shall be established, maintained, operated, permitted, or conducted within the Project except such professional and administrative professions as may be permitted by applicable governmental ordinances and provided that there shall be no external evidence thereof. Residency is required in Units in which any such permitted businesses are operated, and the Owner of the Unit shall comply with all applicable local, state and federal laws and permit requirements and licenses regarding the operation of a business. In addition, the Owner of the Unit shall: Defend, indemnify and hold the Association harmless from any liability arising out of the existence and operation of the business. The Association shall not be liable for any injury or damage arising out of the operation of the business; Abide by and comply with all Association Rules, regulations and restrictions; Not use the "Residential" (street) address of this Unit in any advertising, flyers, etc. Article 4.3 of the Amended Declaration

chis, when in use, shall be placed in a position and secured as to ensure fire safety. It is recommended that electric starters or propane barbecues be used rather than lighter fluid. Only one doormat of standard size may be placed at the front door. Bird feeders should be unobtrusive and of reasonable size. They must not be attached to the outside building walls. Christmas lights and decorations are permitted beginning on Thanksgiving Day and they must be taken down by January 7. Permanent outside display of flags is prohibited. This display is allowed only for the day or days that are the occasion for the display. The U.S. flag may be displayed in accordance with the Federal standards for such display. Such a flag must be kept in good condition. No laundry, wash, or similar items (including wet suits) shall be dried or hung or aired upon the exterior of any structure such as balconies or decks. Flowerpots may be displayed on ledges of the balconies, however, owners are liable for any accidents involving their plant pots. All pots on the exterior, decks, ledges, and front door landings shall have drainage dishes. Satellite Dish Rules 1. Satellite dishes (up to 1 meter in size) may be installed out of view of the common area. If there would be an unreasonable delay in installation or increased costs of installation, maintenance and use, the Board of Directors or Architectural Committee will consider installations that can be seen from the common area. 2. Residents/tenants must submit written approval to the Board of Directors from the owner of their unit prior to installation of a satellite dish. 3. Owners will be responsible for any damage to the common area caused by installation of satellite dishes ap- 22

Day Care Operations

No day care center for children shall be permitted within the Project except as specifically authorized by California Health and Safety Code section 1597.40 and other applicable statutes. The owner/operator of any such day care facility shall comply with all local and state laws regarding the licensing and operating of a day care facility. In addition, the owner/operator shall: Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operation of the day care facility; Defend, indemnify and hold the Association harmless from any liability arising out of the existence and opera13

City of Sunnyvale. (Article 4.10 of the Amended Declaration) Basketball hoops are not allowed. Window coverings, or any covering of a window or sliding glass door which may be seen from the outside, shall be beige, white, or off-white in color or lined in beige, white, or off white. No window covering material shall be of a reflective type, and windows may not be tinted. All window coverings are to be installed on the interior of the condominium unit. Stained glass windows shall be approved by the Board of Directors prior to installation. Screen doors for front doors or any modifications to the front door (including door knockers or name plates) must be approved by the Board of Directors. The owner must maintain the door in good repair and working condition. Permanent umbrellas, overhead sunscreens or roofs on balconies or decks are not allowed. Collapsible umbrellas or sunscreens may be used. No wind barriers shall be constructed on or above the balconies or decks. No balcony or deck enclosure shall be allowed. Astro-turf accelerates decay of the decks and so is not allowed as a deck floor covering. Other deck coverings must be approved by the Board of Directors prior to installation. Owners will be held responsible for the repair of any damages resulting from the use of deck floor coverings. Only patio furniture designed for exterior use is allowed on the decks and balconies. No other furniture which is of interior grade shall be allowed to remain on the decks. There shall be no storage allowed upon the balconies, decks, front door landings, or stairway landings. Only barbecues or hibachis that are designed for use on 21 decks or balconies are allowed. All barbecues and hiba-

tion of the day care facility. The Association shall not be liable for any injury or damage arising out of the use of the swimming pool and tot lot areas by children from any day care facility; Abide by and comply with all Association Rules, regulations and restrictions; Supervise and be completely responsible for children at all times while they are on the premises of the Project; Cooperate with the Association if the Association's insurance agent or carrier requires proof of insurance, proof of agreement of the owner or operator of the center to these conditions, or other reasonable requests; and Not use the "Residential" (street) address at the Unit in any advertising, flyers, etc. Article 4.19 of the Amended Declaration

Maintenance, Pest Control and Utilities

Maintenance Companies and Schedules For up-to-date maintenance companies, their schedules and phone numbers please see the insert in the back of this Handbook. Pest Control Ants: The Association currently has a contract with a spray service. They are on call to come out and service our buildings at FOP. If you have a problem, please contact CJM and we will arrange for the Pest Control service to come out and take care of your issue. Due to liability issues this service will spray only the exterior of the buildings and units. The Association will not be responsible for any arrangements you make with an unauthorized contractor of the 14

Association, so be sure that the service listed is still under contract with the Association when you call. Other Pests: Call the Management Company (see insert in front of this Handbook). Chemical Applications: Pest Control chemicals and the dates of use are listed each month in the FOP Newsletter. Garbage and Recycling Use of all dumpsters and recycling bins are for the household trash of Fair Oaks Place Residents ONLY. The City of Sunnyvale currently has a recycling program. There are clearly marked recycling bins placed around FOP for recycling newspapers, plastic, tin, aluminum cans and glass containers. For information on other items please call the City of Sunnyvale at 408-730-7262. If a garbage bin is full, find another bin to throw your trash in and crush all boxes. The garbage company has limited responsibilities when the bins are too full or are filled with household and other unacceptable items. Household items such as mattresses, doors, etc. are not allowed in our trash bins. These items can be disposed of at the City Dump. Other items that are now restricted from normal trash disposal include the following: batteries, appliances, computers, monitors, televisions, electrical items, and any other hazardous material. If it is found that you have been leaving these items in the dumpster you will be fined and/or prosecuted to the full extent of the law. For garbage and recycling pick up schedules please see the list of numbers at the back of this Handbook. Utility Companies

treme inconvenience, decide on a solution which deviates from these Guidelines as long as all provisions of the Amended Declaration are adhered to. Particular consideration should be paid to the effect of any deviation on the immediate neighbors. A deviation so created shall not be considered a valid precedent for other design proposals or as a basis for appeal. (Article 11.1 of the Amended Declaration) All costs of any architectural design changes requested by owners and approved by the Architectural Committee and/or the Board of Directors shall be borne by the owner. These costs include initial installation or construction of the architectural design item, its maintenance and upkeep in a workable condition, proper appearance, and, if required, its removal and restoration of its environment to the original appearance. Additions or remodeling of any common area, especially exterior surfaces and landscaped areas, must be approved in writing by the Board of Directors of the Association. Changes and/or additions which are unapproved or unauthorized are subject to a Special Reimbursement Billing covering the Association's cost for restoring it to an approved condition. Owners are responsible for ensuring compliance by their tenants. No resident shall install wiring for electrical or telephone installation, machines or air conditioning units (other than the heat pump units already included with the unit), on the exterior of the buildings, or that protrude through the walls, ceilings, or the roof of the buildings except as authorized by the Board of Directors. Signs displayed to the public must be approved by the Board of Directors, except for two "For Sale" or "For Rent" signs no larger than 3 feet by 3 feet. (Article 4.13 of the Amended Declaration) Homeowners may not install any signs in the common area without specific written permission from the Board of Directors. Construction and/or use of external antennas must have the consent of the Board of Directors and approval of the 20

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Residents are asked to work directly with electric,

no architectural or structural changes may be made without approval from the City of Sunnyvale. (Article 10.1 of the Enabling Declaration) Each Unit owner has an undivided interest in the Condominium common area. Exclusive use common areas are set aside for the exclusive use of the Unit owner and include the designated garage space for a specific Unit, the Balcony as well as bay windows and wet bar areas that extend beyond the boundaries of a unit. (Article 8.3 (b) of the Amended Declaration)

phone and cable companies for their inside connections. You may need to have the Utility Room in your building opened so that the necessary work can be done. Utility Rooms - 24 Hour Notice Required The Utility Room located in the Breezeway of each Building is kept locked for security and safety issues. If you are scheduling work with a phone or utility company you must notify the Management Company at least 24 hours before work is scheduled so that the Utility Room can be unlocked.

Architectural Guidelines
The objectives for the Architectural Guidelines are to achieve an architectural design consistency within Fair Oaks Place. Any changes should enhance, rather than detract from, the financial value and the appearance of the structures of Fair Oaks Place. These Guidelines are published with the intent that where possible, they shall be followed by the Architectural Committee in their deliberations concerning proposals, construction, or corrective action so that Owners, the Architectural Committee, and the Board of Directors have a firm understanding of what changes are acceptable. This intent does not prohibit the Architectural Committee and the Board of Directors from using sound judgment and common sense where unforeseen cases or events compel deviation from these Guidelines. The Architectural Committee may propose, and the Board of Directors may approve, additional guidelines for architectural design items as the need arises. When drawing up their requirements for corrective action to be applied to construction which is in violation of these guidelines but which was completed before these Guidelines were mandated by the membership, the Architectural Committee may, if the corrective action would cause, in the opin19 ion of the Board of Directors, grievous expense or ex-

Association Common Areas

The condominium common areas include: the outside perimeter walls of the buildings, balconies, bearing walls, ceiling joists, sub-floors, unfinished floors, roofs, foundations, central hot water heaters, electric smoke detectors (located in the hallway of each unit), reservoirs, tanks, pumps, motors, ducts, chutes, conduits, pipes, plumbing, sprinklers, wires, utility meters and other utility installations (except those belonging to individual units) required to provide power, light, telephone, gas, water, sewage and drainage. (Article 1.14 of the Amended Declaration) The management of the condominium common areas and the recreational common areas is the responsibility of the Association. The Association shall maintain, repair, replace, and operate and manage all common area facilities, equipment, furniture, and landscaping. This includes painting, cleaning, repairing, and replacing all common areas including exterior doors, landscaping, balconies, parking areas, and recreational facilities. (Article 8.1 of the Amended Declaration) The Association is not responsible for damage to the common areas which is the result of neglect or negligent acts of an owner, or his/her guests, tenants or their guests, or

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pets. In these cases the owner is responsible. If the owner refuses to make the repair, then, after 30 days notice to the owner and a public hearing the Association may, if necessary, enter the unit and make the repairs at the owner's expense. (Article 8.6 of the Amended Declaration) No fixed sport apparatus, such as a basketball backboard, may be attached to the exterior of any portion of the common area. (Article 4.7 of the Amended Declaration)

and garage interior. Owners are also responsible for the front door, patio doors, interior frames of windows and the window glass. The Association is not responsible for maintenance that is the result of neglect or negligent acts of an Owner, or an Owner's guest, tenants or their guests. In these cases the Owner is responsible. If the Owner refuses to make any necessary repairs, or the repairs are not up to the standard of Fair Oaks Place, then, after 30 days notice to the owner and a public hearing, the Association may, if necessary, enter the Unit and make the repairs at the Owner's expense. (Article 8.6 of the Amended Declaration) An Owner has a right to reasonable access (for themselves or the utility company) to other units to repair or maintain utilities which service their own unit when the Board fails to take timely action to perform these repairs or maintenance. Whenever utilities service more than one unit, the owner of each unit is entitled to the full use and enjoyment of those utilities that service his unit. Any dispute between owners with respect to the repair or maintenance of utilities, or with respect to sharing costs, shall be submitted for arbitration under the rules of the American Arbitration Association upon the written request of one of the owners. The decision of the arbitrator shall be final. (Article 11.7 of the Amended Declaration) The respective unit owners pay fees for use of cable services. (Article 3.4 of the Amended Declaration) If a Unit Owner leases/rents the unit, the lease must be in writing and for a period of at least 30 days. Names of tenants and their families, their address, and telephone number must be reported by the Unit Owner to the Association. (Article 4.2 of the Amended Declaration) No exterior change of any kind to any part of the property may be made without approval of the Board or the Architectural Committee appointed by the Board. This includes proposed changes to balconies and garages. In addition,

Units, Restricted Common Areas and Owners Responsibilities

A Unit is the space contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and their frames, and doors and their frames and trim. Only the finished surfaces of the bearing walls are part of the unit. (Article 1.40 of the Amended Declaration) The utility installations that are part of the unit include the heat pump unit (located on the Balcony), lighting fixtures, stove, refrigerator, dishwasher, and any laundry equipment. The Unit Owner is responsible for maintenance and repair of these items. Each Unit Owner is required to keep the interior of the Unit in good condition, at the Owner's expense. This includes maintenance, repair and replacement of the walls, ceilings, floors and floor coverings, interior doors and frames, plumbing, appliances, light fixtures, light bulbs, heat pump unit, and the Owner's personal furnishings. The Unit owner has the right to refinish and redecorate the interior surfaces of the Unit, however all window coverings must be as stated. (Article 4.17 of the Amended Declaration) Each Unit Owner is also responsible for maintenance and repair of the restricted common property assigned to his/her unit including the: deck, balcony, wet bar or bay window,

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