[The By-Laws refer to this document, and designate it as a part of the By-Laws.]
DECLARATION OF PROTECTIVE RESTRICTIONS
TRACT NO. 2225
This Declaration made this 18th day of October 1962 by Shangri La Estates, Inc., a California corporation, hereinafter referred to as “Declarant”
WITNESSETH:
Declarant, as owner of the real property described in Article I of this Declaration and for the purpose of subjecting all of said property and each and every parcel thereof to the conditions, restrictions, charges, and reservations as hereinafter set forth, does hereby declare and establish as follows:
That all of the lots, parcels and portions of said property shall be held, transferred, sold and/or conveyed by Declarant or by its contracted to be sold, subject to the conditions, restrictions, covenants, reservations, liens and charges in this Declaration set forth, each and all of which is and are for the benefit of said property and for each owner of land therein and shall inure to and pass with said property and each and every parcel of land therein and shall apply to and bind the successors in interest of any owner thereof.
ARTICLE I:
Property subject to this Declaration of Restrictions:
Tract No. 2225 in the County of Riverside, State of California, as per map thereof recorded in book 45 pages 9 and 10 of Maps, records of said County.
ARTICLE II:
(a) That Lots 1 to 35 inclusive shall be improved, occupied and used for single-family residential purposes and the normal accessory uses only.
(b) That Lots A and B are to be used for pedestrian ingress and egress, for community recreation and service facilities as a right in common with the other owners of an undivided interest.
(b-l) That the 8 foot pedestrian easements over Lots 4,9, 18,23,25, and 30 as shown on the recorded map may be used by the lot owners in said tract for pedestrian ingress and egress as a right in common with the other owners of an undivided interest.
(c) That no noxious or offensive activity shall be permitted upon any part of Shangri La Estates, nor shall anything be done thereon which may be or become an annoyance or nuisance to the Shangri La Estates neighborhood.
(d) That no kennel, aviary, dairy, stable, barn, hutch or warren shall be erected, placed or maintained upon any part of said property and land parcels in Shangri La Estates, nor shall dogs, cats, birds, horses, cows, burros, hogs, rabbits, poultry or any other wild or domestic animals, fowl, or livestock ever be kept thereon, except as hereinafter provided.
(e) That no house trailer, boat trailer, boat, truck or vehicle, other than passenger automobiles, shall be parked, stored, or maintained on any part of Shangri La Estates and said land parcels for a period of more than 24 hours except when parked or stored in a fully enclosed area or in a manner approved in writing by the Board of Governors.
(f) That no derrick or other structure designed for use in boring, mining, or quarrying for water, oil, or natural gas or precious minerals shall be erected, maintained, or permitted upon any part of Shangri La Estates and said land parcels.
(g) All sidewalks, entries, and passages outside of the several dwellings shall not be obstructed or used for any other purposes than ingress or egress to or from the respective dwellings.
(h) That no occupant shall play any musical instrument, radio, or television, or suffer the same to be played in the dwelling between the hours of 11 :00 P. M. and the following 8:00 A. M., if the same shall disturb or annoy other occupants of the buildings.
(i) All garbage and refuse must be neatly placed in containers in spots designed therefor.
(j) Each occupant shall keep his or her dwelling in a good state of preservation and cleanliness and shall not sweep or throw, or permit to be swept or thrown from his or her dwelling, any dirt or other substance into the quarters or halls, passages or stairways used in common with others.
(k) No shades, awnings, or window guards shall be used except such as shall be approved by the Architectural committee.
(l) Dogs or other animals shall be confined at all times to the individual apartment area and must be kept on leash when outside apartment area.
(m) No occupant shall store or cause to be stored on any part of the premises any combustible material or any other material which would increase the risk of fire.
(n) No outside clothesline will be allowed except in the rear patio – garden area of each individual dwelling.
(o) No home may be sub-leased without approval of the Board of Governors.
ARTICLE III:
(a) That no building, structures, shelters, moveable or otherwise, or improvements of any kind shall be constructed, erected, placed, or altered in, or upon any part of said land parcels, and no buildings or improvements shall be occupied or used in any manner at any time prior to its being fully completed in accordance with approved plans (as hereinafter provided) nor shall any building or improvement be in any manner occupied or used until made to comply with all requirements, conditions, and restrictions herein set forth, provided, however that (1) by written permission from the Architectural Committee provided for in Section “d “hereof, during actual construction or alteration of a building on any part of said land parcel, necessary temporary buildings for storage of materials may be erected or moved onto and maintained by the person or firm doing such work, and (2) during actual construction of a residence diligently pursued and during an interval not to exceed 120 days from commencement of said actual construction. All of said temporary buildings shall be removed from the land within 5 days after the completion of said construction and improvement, and if not so removed, then such removal may be done pursuant to instructions by the Architectural Committee and any costs expended therefor shall be charged against the owners thereof.
(b) That no building, fence, wall, swimming pool, coping, or other structure whatsoever shall be erected, placed, or altered on said land parcels until the construction plans and specifications and a plan showing the location of any such structures have been submitted to and approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevations, and also any subsequent changes or additions thereto after initial approval thereof, and any remodeling, reconstruction, alterations, or additions subsequently made to any building or structures shall be subject to and shall require approval in writing by the said Architectural Committee before any such work is done.
(c) The Architectural Committee shall have the right to disapprove any plans, specifications or details submitted to it in event such plans, specifications or details are not in accordance with all the provisions of this Declaration, or in event any part thereof be contrary to the spirit or intent of the conditions and restrictions, or contrary to the interest, welfare, or rights of all or part of Shangri La Estates subject thereto, or the owners thereof, all in the discretion of the Committee. The decisions of the Committee shall be final. Neither the Committee nor any architect or agent of the Declarant shall be responsible for any structural defects in the plans and specifications approved by said Committee, nor in any building or structures subsequently erected according to such plans and specifications.
(d) The Architectural Control Committee shall be composed of three members appointed by the Board of Governors and the regulations requirements rules and powers of the committee shall be delegated to it by the said Board of Governors.
(e) The said Board of Governors of Shangri La Estates, shall be elected by the owners of the undivided interest of Shangri La Estates. The said owners of Shangri La Estates shall annually elect a Board of Governors in accordance with procedure outlined in Article V.
ARTICLE IV:
(a) The Board of Governors of Shangri La Estates shall have the authority to set up uniform regulation as to area requirements for all types of buildings, structures, improvements, passageways, driveways, public portions, common equipment, gardens, walls, swimming pool, landscaping or details, for the Architectural Committee to enforce in connection with the development, improvements , and maintenance of the common areas and the residential lots in Shangri La Estates.
(b) The Architectural Committee may allow reasonable variances and adjustments to these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations contained herein, provided this may be done in conformity to the intent and purposes hereof, and also provided in every instance that such variance or adjustment will not be materially detrimental or injurious to surrounding structures and improvements.
ARTICLE V:
The owners of residences in Shangri La Estates shall elect from their number a Board of Governors consisting of three of the owners to serve at the pleasure of the owners as managers of Shangri La Estates without pay. Each resident shall have but one vote constituting one voting unit.
Fourteen voting units shall constitute a quorum at any meeting and a majority of the voting units at any meeting shall be required for the transaction of business.
Until the first Board of Governors is elected the Grantor will exercise the functions of the first Board.
Regular meetings of the owners shall be held annually at Shangri La Estates at a time to be fixed by the owners at their first meeting. Special meetings may be held on call of the chairman of the Board, any two members thereof or by five or more voting units.
Notice of all meetings shall be given in writing to the owners by delivering a copy of the notice to each residence at least 5 days before the meeting and the notice shall specify the date, time, and place of the meeting, and in the case of special meetings, a brief statement of the business to be transacted thereat. When a meeting is adjourned for 30 days or more, notice shall be given as in the case of the original meeting.
Within 30 days following the sale by grantor of at least. 60 percent of the residences located upon said real property, the grantor shall call the first meeting of the owners by notice as hereinbefore provided. The meeting shall organize and elect a board of governors to serve one year and until their successors are elected, fix the date of the annual meeting and transact such other business as may come before the meeting.
Immediately following the first and each annual meeting thereafter the Board shall meet and elect a chairman and a Secretary-Treasurer. The latter need not be a member of the Board.
If there be a vacancy during the term of any Governor the vacancy may be filled by the other members of the Board.
The Board or any member thereof may be removed by a majority of the residence owners with or without cause, at any regular or special meeting of the owners.
The Board may meet at any time upon the call of the chairman or any 2 members, upon one week’s written notice delivered to the residence of the Board members, or at any time, with or without note, by unanimous consent of the Board. By his attendance at any meeting a Board member shall be deemed to have waived such notice. A majority of the Board shall constitute a quorum for the transaction of business.
The officers of the Board shall perform such duties as shall be fixed by the Board.
To levy monthly assessments payable in advance, which monthly assessments shall not exceed the amount heretofore indicated for each residence, provided that by majority vote at any regular or special meeting, the owners of apartments may increase the monthly assessment or vote a special assessment in excess of that amount if required to meet any necessary additional expense.
To use and expend the assessments collected to maintain, care for and preserve the residential and recreational buildings, grounds, and improvements (other than the interior of the residences which are to be maintained by the individual owners).
To pay taxes and assessments levied and assessed against the real property and such equipment and tools, supplies and other personal property purchased for use in maintenance, care and preservation.
To enter into and upon the buildings when necessary and with as little inconvenience to the owners as will permit, in connection with such maintenance, care and preservation.
To repair and replace common facilities, machinery and equipment.
To procure such fire, extended coverage, public liability and other such insurance as may be directed by a majority of the owners. Such insurance may be taken out in the Board I s name for the benefit of all of the owners in event of damage or destruction of property, real or personal, covered by such insurance, to use the proceeds to repair and replace the same, and in the event the proceeds are insufficient to repair and replace loss or damage, to levy an assessment in proportionate amounts as to each residence to cover the deficiency.
To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from owners for violations of the covenants herein contained on the part of the owners to be performed or for violation of the rules hereinafter referred to.
To protect and defend the property from loss and damage by suit or otherwise.
To employ workmen, maids, janitors, and gardeners, and to purchase supplies and equipment, to enter into contract, and generally to have the powers of a property manager in connection with the matters hereinbefore set forth, provided that, in the procurement of such services and property, the Board shall have no power of authority to pledge or otherwise encumber the interest of any owner and the Board may not dispose of any such interest except in order to satisfy a judgment against such owner for violation of the owner’s covenants imposed by this deeds.
To make reasonable rules and to amend the same from time to time and such rules and amendments shall be binding upon the owners when the owners of a majority of the residences have approved them in writing. A copy of such rules and all amendments shall be delivered to each owner. Unless and until changed by a majority of the owners, there shall be included in such rules and regulations, effective immediately, a provision that no dogs shall be allowed to enter the center yard except for the purpose of passing through and then shall be on a leash at all times and that, in the event that any pet of any owner becomes a nuisance to the other owners, the Board of Governors may request in writing that such nuisance be corrected and the apartment owner in question shall, within 30 days, correct the condition deemed to be a nuisance or shall remove the pet from the premises.
To create an assessment fund into which the Board of Governors shall place all sums collected by assessment or otherwise, and the assessment fund to be used and expended for the purpose herein set forth.
To render to the owners annual statements of receipts and expenditures.
Grantor by the delivery of the deed and grantee by his acceptance for himself and his heirs and assigns, does hereby waive all right of partition under the laws of California now or hereafter in force. This provision shall be deemed to be for the benefit of property granted hereunder and shall be treated as a covenant running with both land granted and the land released by grantor.
ARTICLE VI:
Terms: All of the restrictions, covenants, conditions, and agreements shall affect all of the lots in said tract. Said restrictions, conditions, and covenants shall be binding on all parties and all persons claiming under them until January I, 1992, at which time they shall be automatically extended for successive periods of 5 years; provided, however that such restrictions, conditions, covenants, and agreements, or any of them, may be supplemented, changed or rescinded in any or all particularly at any time after January 1,1992 by the owners of 60 percent of the number of lots in said tract, evidenced by an instrument in writing executed by the said owners in the manner provided by law for the conveyance of real property, and duly recorded in the office of the Recorder aforesaid, an upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons.
Enforcement: If the parties thereto, or their successors shall violate or attempt to violate any of the covenants herein before January 1, 1992, or during any of the extended periods for which they are in force, it shall be lawful for any person owning any lot subject thereto to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, or either to prevent him or them from so doing or to recover damages or other dues for such violation.
Subordination: It is further provided that a breach of any of the said conditions contained herein or any re-entry by reason of such breach shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises whose title thereto is acquired by foreclosure, trustee’s sale or otherwise.
Severability: Invalidation of anyone or more of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed by its duly authorized officer, this 23rd day of October, 1962.
SHANGRI LA ESTATES, INC.
/ s / Jere Strizek
By President
/ s I Virginia Strizek
By Secretary
[Note: The original document was signed by Jere Strizek as President and Virginia Strizek as Secretary; and notarized by Katherine V. Kerkelrath. Document recorded October 23, 1962 as Instrument No. 98316 of Official Records of Riverside County, California.]