VILLA FONTAINE CONDOMINIUM ASSOCIATION
5103-5127 FONTAINE STREET
San Diego, California 92120
RULES AND REGULATIONS
Revised May 14, 2018
Dear Homeowners, Residents and Guests:
The Board of Directors, comprised of Villa Fontaine homeowners, have spent long hours of study and debate in order to formulate a set of Rules & Regulatìons deemed to be in the best interest of all the homeowners. Each homeowner who rents their unit is responsible for supplying their non-owner resident(s) with a copy of the 2006 Amended and Restated Declaration of Restrictìons for Villa Fontaine, also known as Covenants, Conditions and Restrictions (CC&Rs) and this set of Rules & Regulations.
All violations of the CC&Rs and/or Rules & Regulations should be reported to the Association’s management company in writing. Reports should include the nature of the violation, date, time, location, and person(s) responsìble.
The property management company is:
Pernicano Realty & Management Company
2851 Camino Del Rio S., Suite 230, San Diego, CA 92108
Ellie Murphy
Property Manager
Office: (619) 543-9400 Ext 5223
Fax: (619) 543-9625
Monday - Friday 9:00am-4:00pm
24-hour Emergency Service:
858-569-5702
YOU are the eyes and the ears of Villa Fontaine!
If you see any suspicious activity in or around the complex,
including strangers not living here entering, or just hanging out:
Please call the San Diego Police Department at 619-531-2000
THANK YOU,
The Board of Directors
In order for the Rules & Regulations to be effective, they must have equitable enforcement procedures. Listed below are the procedures that have been adopted by the Board of Directors.
| First Offense: | Warning letter |
| Second Offense: | $ 50.00 Fine |
| Thìrd Offense: | $ 100.00 Fine |
| Fourth Offense: | $ 200.00 Fine |
| Fifth Offense: | $ 500.00 Fine |
Fines and legal action, as deemed appropriate by the Board of Directors, may be taken at any time after the Owner is gìven an opportunîty for a hearing.
EXCEPTIONS: Violations of Parking Rules may result in the immediate towing of a vehícle, at the vehìcle owner's expense, without notìce. Actions of owners and/or non-owner resident(s) and guests(s) whìch create costs for the Homeowners Association, may result in the owner being billed for all costs incurred and the possìbilíty of fines levied.
COLLECTION: Fines, legal fees and reimbursable costs will be added to the owner's account and are payable immediately. Fines and legal fees not paíd may result in further legal actions.
UNIT OWNERS ARE RESPONSIBLE FOR VIOLATIONS OF THEIR GUEST(S)‚ THEIR NON-OWNER RESIDENTS(S) AND THE GUEST(S) OF THE NON-OWNER RESIDENT(S).
CONDOMINIUM: COMMON INTEREST DEVELOPMENT
The term ”Community" means a common interest development governed by a homeowners’ association ("HOA") aka “The Association.” The name of the HOA is Vìlla Fontaine Condominium Association. The term “Board” means the Board of Directors of the Association. The term "Common Area” means the entire Communíty except all Units shown on the Condominium Plan.
All modifications, including doors and windows, require Board approval. See CC&Rs‚ Article 7 — Architectural and Design Control for complete guidance on this matter.
Per the 2006 Amended and Restated Declaration of Restrictions for Villa Fontaine (CC&Rs)‚ washing vehicles was allowed once a month (Section 5.3.19). However, effective January 01, 2010, The Board made a decislon to disallow car washing in an effort to conserve water and minimize water bill expenses.
All areas outside the front doors are considered Common Areas. Any items of personal nature are prohibited without express written consent from the Board of Directors. Residents may display potted plants as long as they have a water collection dish underneath, do not impede the walkway, and are kept in good order. Skateboardlng, bicycling and ríding scooters are prohibited in the Common Areas. Danger areas within our complex include the entry gates, roadways, and stairwells: recreational activities of any kind in and around these locations should be avoided. Please inform residents and their guests to only use these areas for ingress/egress and not for hanging out or for recreational purposes. Smoking is strictly prohibited in all Common Areas: it is only permitted on the smoker's balcony or patio area, as long as it does not interfere with all other residents' enjoyment of life.
Trash must be disposed of immediately in the disposal containers (dumpsters) provided. lt is NEVER okay to store trash outside one's front door for ANY length of time. Storage of any kind, however short-lived, is not allowed in any Common Area. This includes trash left outside the front door on its way to the trash bins, miscellaneous bags, and articles of clothing. We do not have custodial services on staff, so please do not discard cigarette butts and other refuse around the Common Area. Put all trash and recyclables inside the appropriate dumpsters: the refuse company will not pick up any items left outslde of the containers. To conserve space in the dumpsters, break down all boxes and bulky items.
For reasons of security and appearance, garage doors are to remain closed at all times unless a resident is present in the garage. The storage of gasolìne or other volatile fluids is strictly prohibited. Please turn out lights after use of the garage has been completed. Electricity use in the garages is billed to the Association; therefore, use of computers, refrigerators/freezers, power tools, and other appliances that consume excess electricity in garages are prohibited. Excess energy usage in garages, which can be reasonably estimated at costing the Association over $10.00 per month, will be billed to the owner of the garage as determined by the Board of Directors.
Please use the sidewalks and stepping stones for pedestrian traffic: taking "short cuts" results in damage to the ground cover. All landscaping in the Common Areas is to be done by our professional landscapers only. Personal landscaping on Common Property is not permitted: owners/residents shall not establish or cultivate plant material in the Common Areas.
Towels, rugs, swimsuits, clothing, and the like are not allowed to be hung on balcony railìngs or porches.
Items which serve an individual unit or are considered exclusive use property shall be maintained by the unit owner served by that item or area (Civil Code 1364). The following are the individual owner's responsibility:
- Air Conditioners
- Furnaces
- Dryer Vents
- Cable TV Lines
- Electric Lines to the unit's circuit breaker box
- Mailbox Locks
- Telephone Lines
- Water Pipes where the pipes join a common line.
Disturbing noise of any type is never permitted.
Noise and dìsruptive activities by resident(s), guests and/or invitees shall not annoy, endanger, or inconvenience other residents of the building, neighbors, or workmen. Nor shall they violate any law, or commit nuisances in or about the premises.
There is no on-site guest parking at Villa Fontaine. Residents and guests may only use the numbered parking spaces assigned to their respective unit(s); in addition, there is no parking in or around any designated fire lane. Residents and/or guests violating these rules are subject to having their vehicle(s) towed at the vehicle owners’ expense without further notification. If someone has parked in your space, please do not compound the problem by illegally parking in somebody else’s space.
Parking spaces are to be used for parking properly licensed and operable motor vehicles, with the exception of trailers, boats, campers, buses and trucks (other than pick-up trucks). Parking spaces are to be kept clean: vehicles leaking oil, gas, or other fluids shall not be parked on the premises. Mechanical work or storage of inoperable vehicles is not permitted in parking spaces or elsewhere on the premises. Because of the problems of access, maneuverability, and the potential for severe property damage, Iarge tractor trailer trucks are prohibited, whether for moving or any other purpose.
Considering an electric vehicle? it is important to realize that Villa Fontaine's electrical system does NOT have the capacity to support the extreme electrical load needed to recharge an electric vehicle. Therefore, connecting any type of electric vehicle to Villa Fontaine's existing electrical syatem is strictly prohibited. An owner/resident would have to submit an application and follow the procedure in Civil Code sections1353.9 and 1363.9. Then the owner/resident would be responsible for having the new (higher voltage) wiring drawn from the main electrical line (on Fontaine Street) and cover this expense, as well as all initial and future expenses for this "charging station" in their garage or parking space.
All residents must comply with the Declaration (CC&Rs) regarding patios and balconies.
The Declarations (CC&Rs) sectíon 7.3.7 states that owners shall not have the right to paint, decorate, remodel, or alter any Exclusive Use Common Area or the Common Area without prior written consent from the Board. Installation of any child safety net, shutter, screen, blind, curtaìn, drape, or other appurtenance must have the express written consent from The Board. Plants, patio furniture, and covered barbecues are considered appropriate furnishings with the followíng limitations:
- Plants must have a water collection dish underneath so that excess runoff does not rot and/or corrode flooring.
- Patio furniture must be of outdoor type, no indoor furnishings on patios and balconies.
- Barbecues must be kept clean and in working order and should be left free of trash and food so no ants or other pests are attracted..
- Black screen doors on front entrances of units are automatically approved.
The Declarations (CC&Rs) section 2.4 limits residents to one (1) dog or cat not to exceed 20 pounds. Residents must register their pet with the Management Company. All dogs are to be leashed and cats must be under owner control at all times while outside of their unit or in the Common Areas. All pet owners are required to take their pet to the Designated Pet Relief Area ("dog/cat run"), located on the east side of the property adjacent to the lower dumpsters, then pick up after their pet when they're done. Pet owners must never allow their pet to defecate or urinate in any common Area of the property.
Pet owners shall indemnify the Association and hold it harmless due to any loss or liability arising from a pet's presence within the Community. Nuisance to other residents including, but not limited to, excessive barking, defecating, urinating, debris, property destruction, or running loose may be grounds for an order to permanently remove the offending pet from the Community.
Please only deposit toilet paper into the toilet. Feminine products (tampons), baby & disinfecting wipes, and facial tissues all clog the plumbing, and cause unnecessary and expensive repairs. In the kitchen, large food waste should be discarded into the trashcan instead of the garbage disposal.
For any plumbing issues, call our property manager, Ellie Murphy, at 619-543-9400, Ext 5223, before calling a plumber: our complex has some quirks and tricks to keep the plumbing running smoothly. Our preferred plumber is Quality Plumbing (619-438-3267, should you need to call them directly). They know our system inside-out and will assist you while protecting our plumbing infrastructure. Hiring other plumbers who are not familiar with our plumbing system can cause serious consequences because they just don't know our complex's plumbing peculiarities!
- Hours are 8:00 a.m. to 10:00 p.m.
- Guests must be accompanied by a current resident and are limited to four (4) guests per unit.
- Loud and boisterous conduct shall not be permitted. No horseplay, running, diving, etc.
- No scuba equipment, surf mats, surf boards, rafts, inner tubes, floatation devices, etc. will be permitted in the pool or whirlpool spa. Life jackets for children are permitted.
- The thermal covering must be replaced after using the whirlpool spa.
- Because of easily clogged pool filters, please remove any adhesive bandages, such as band aids, before entering the pool or spa.
- Everyone is responsible for cleaning up after themselves. Please leave the pool area in the same or better condition than when you arrived.
- UNDER NO CIRCUMSTANCES WlLL GLASSWARE OF ANY KIND BE ALLOWED IN THE POOL AREA. Please use plastic or paper products.
- Do not use soap or soap products in the pool or spa.
- Patio furniture is not to be removed from the pool area.
- Rules for operating the spa are posted on the outside of the spa and must be followed explicitly.
- Please do not put cigarette butts in the pool or spa skimmers.
- PETS ARE NOT ALLOWED IN THE POOL AREA.
- Violators of the pool rules will subject the owner of the appropriate unit to be fined. Please report any rule violations to our management company.
- Group events at the pool must be pre-approved by the Board.
Resident(s) shall not commit, nor allow to be committed, any nuisance or other act that may disturb the Quiet Enjoyment of any other resident in the Community. Nuisances include, but are not limited to, excessive noise inside or outside of one's condominium unit, or emanating from one's vehicle (ie: loud exhaust or engine noise, loud music). Complaints from affected residents will be investigated by the Board of Directors and may result in warnings to the offending resident(s), followed by fines for non-compliance. Solicitors are not permitted in the Villa Fontaine complex. This is a private property and there are numerous "No Soliciting" signs posted. If solicitors, including political canvassers, knock on your door, inform them that they are trespassing, then call the police at 619-531-2000.
The owner of a rented/leased unit shall notify the Management Company of the name(s) and contact information of the non-owner resident(s). A fee will be charged to add or change the renter's/lessee's informstion and will be billed to the unit owner. All rules of the Association apply to the renters/lessees.The unit owners are responsible for any violations by their non-owner resident(s) and their guest(s).
The Associatìon will be responsible for the eradication of termites and the repair of structural damage (but not damage to personal property) caused by termites and other wood destroying pests in separate interest areas, as well as in the Common Area at the time of escrow. The repairs will be made at the discretion of The Board, and that other provisions of Civil Code 1364 apply. Owners must pay for routine inspections required by lenders, escrow and purchases.