Kern City - Active Senior Homeowner's Association ...



KERN CITY CIVIC ASSOCIATIONNINETH AMENDED AND RESTATED DECLARATION OF RESTRICTIONSOF KERN CITY CIVIC ASSOCIATION(January 2019)Notice regarding all Declarations, Governing Documents, and DeedsIf this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.Know all by these presents: That the Kern City Civic Association (the ”Association”), acting through the Kern City Civic Association Board of Directors (the “Board”) as duly elected as prescribed in the Association governing documents, is desirous of continuing the nature of the use and enjoyment of the following:Tract No. Lots4 to 269 and 271 to 276 1 to 193 and 226 to 3051 to 331 to 231 to 151 to 131 to 91 to 281 to 91 to 311 to 37AllAllAll1 to 451 to 12All2 to 413675 All1 to 47AllAllAllAllaccording to the plat of record in the Office of the County Recorder of Kern County, California (“Kern City”). The Association does hereby declare, by virtue of an affirmative vote of the majority of the Owners of said real property (the “Owners”), that all real property within Kern City is subject to the following restrictive covenants as to the use and enjoyment thereof, all of which are and shall be construed as restrictive covenants running with the title to said premises, and with each and every lot, part and parcel thereof, to wit:1. It is the purpose of the Association to carry out and perpetuate the concept of Kern City as an active way of life for retired or semi-retired persons, and in support of that purpose, the following shall apply.A. Senior Housing Definitions. For purposes of this Section 1, the following terms shall have the following definitions:Cohabitants: Persons living together as husband and wife or persons who are domestic partners within the meaning of California Family Code §297Permitted Healthcare Resident: A person hired to provide live-in, long-term, or terminal healthcare to a Senior Citizen or a family member of the Senior Citizen providing that care. The care must be substantial in nature and must provide assistance with necessary daily activities, medical treatment, or both.Qualified Disabled Resident: A disabled person or person with a disabling illness or injury who is a child or grandchild of the Senior Citizen or a Qualified Permanent Resident because of the disabling condition, illness, or injury. A “disabled” person means a person with a disability as defined in California Civil Code §54(b). A “disabling injury or illness” means an illness or injury that results in a condition meeting the definition of disability in California Civil Code §54(b).Qualified Permanent Resident: A person who satisfies both of the following requirements: (a) the person was residing with Senior Citizen before the Senior Citizen’s death, hospitalization, or other prolonged absence or before the dissolution of marriage with Senior Citizen; and (b) the person is age 45 or older; was the spouse of the Senior Citizen, was a Cohabitant with the Senior Citizen, or was providing the primary physical or economic support to the Senior Citizen.Senior Citizen or Qualifying Resident: A person age 55 or older. California Civil Code §51.3B. Age Restriction Occupancy Requirements. Kern City is designed to provide housing for Senior Citizens and is intended to qualify as a senior citizen housing development within the meaning of California Civil Code §51.3(b)(4). On commencement of occupancy of the dwelling, at least one resident must be a Senior Citizen who intends to reside in the dwelling as his or her primary residence on a permanent basis. All other residents must qualify under one of the following categories: (i) the resident is age 45 or older; (ii) the resident is the spouse of the Senior Citizen; (iii) the resident and the Senior Citizen are Cohabitants; (iv) the resident is providing the primary physical or economic support to the Senior Citizen; (v) the resident is a Qualified Disabled Resident; or (vi) the resident is a Permitted Healthcare Resident. On the death or dissolution of marriage or on hospitalization or other prolonged absence of the Senior Citizen, a Qualified Permanent Resident or Qualified Disabled Resident may continue to reside in the dwelling as long as at least 80 percent of the occupied residences in Kern City are occupied by a person age 55 or older and the continued occupancy by the Qualified Permanent Resident or Qualified Disabled Resident does not reduce the percentage to less than 80 percent so as to disqualify Kern City as “housing for older persons” under federal law.C. Termination of Disability. For anyone who is a Qualified Disabled Resident and the disabling condition ends and the Qualified Disabled Resident does not otherwise qualify to reside in the dwelling under paragraph (B), the Board may require the formerly disabled resident to cease residing in Kern City on receipt of six (6) months’ written notice; the Board may, however, allow the person to remain a resident for up to one (1) year after the disabling condition ends.D. Termination of Occupant Rights of a Qualified Disabled Resident. The Board may take action to prohibit or terminate the occupancy by a person who is a Qualified Disabled Resident solely because of the disability if the Board, based on credible and objective evidence, finds that the person is likely to pose a significant threat to the health or safety of others that cannot be ameliorated by means of a reasonable accommodation; provided that the action to prohibit or terminate the occupancy may be taken only after satisfying each of the following conditions:The Board gives reasonable notice to and an opportunity to be heard for the disabled person whose occupancy is being challenged and reasonable notice to the co-resident parent or grandparent of that person; andThe Board gives due consideration to the relevant, credible, and objective information provided at the hearing. The evidence shall be taken and held in a confidential manner under a closed session by the Board to preserve the privacy of the affected person. The affected persons shall be entitled to have present at the hearing an attorney or any other person authorized by them to speak on their behalf or to assist them in the matter.E. Occupancy by a Permitted Healthcare Resident. A Permitted Healthcare Resident may occupy a dwelling during any period that the Permitted Healthcare Resident is actually providing live-in, long-term, or terminal healthcare to the Senior Citizen for compensation. Compensation shall include provisions of lodging and food in exchange for care. A Permitted Healthcare Resident shall be entitled to continue his or her residency if the Senior Citizen is absent from the dwelling on satisfaction of each of the following conditions:The Senior Citizen became absent owing to hospitalization or other necessary medical treatment and expects to return to the dwelling within ninety (90) days after the date the absence began; andThe absent Senior Citizen or an authorized person acting for the Senior Citizen submits a written request to the Board stating that the Senior Citizen desires that the Permitted Healthcare Resident be allowed to remain in order to be present when the Senior Citizen returns to reside in the dwelling.F. Temporary Residency. Nothing in this section shall prohibit the temporary residency of any person under age 55 as a guest of the Senior Citizen or Qualified Permanent Resident. “Temporary residency” shall mean occupancy of a dwelling for no more than 60 days in any consecutive 12-month period.G. Federal Law Requirements. Kern City is also intended to qualify as “housing for older persons” exempt from the age restriction prohibition in the Federal Fair Housing Amendments Act of 1988 as amended by the Housing for Older Persons Act of 1995 (collectively, the “Acts of 1988 and 1995”). To meet the requirements of the Acts, at least eighty percent (80%) of the occupied units must be occupied by at least one person age 55 or older, and the Association shall:publish and adhere to policies and procedures that demonstrate an intent by the Association to provide housing for persons age 55 or older, andadopt and implement procedures for the periodic verification of compliance with the age restrictions, including procedures for routinely determining the occupancy of each lot including the identification of whether at least one occupant is a Senior Citizen. The procedures shall provide for regular updates at least once every two (2) years.H. Applicable Law and Amendment Requirements. The provisions in this section are intended to comply with the housing for Senior Citizen requirements in California Civil Code §51.3 and the housing for older persons exemption under the Acts of 1988 and 1995. In the event of any conflict between this section and applicable law regulating age restrictions in senior housing developments, the applicable law shall control. If the applicable law is subsequently modified or amended in any manner, this section shall automatically be considered modified and amended in a like manner as necessary to remain in compliance with applicable laws.2. Effective January 2009: Unless otherwise provided for by the Association, no building except a single story, single family residential dwelling and a private garage and/or carport for use in connection with each dwelling shall be erected, maintained, or permitted on any lot or portion thereof.3. Unless otherwise provided for by the Association, no dwelling shall be erected on any lot within Kern City unless such dwelling contains at least eight hundred (800) square feet of enclosed living area floor space. The term “living area floor space” is exclusive of floor space in porches, garages, or carports. All dwellings shall be constructed of brick frame, cement block, or other substantial masonry construction, or insulated frame construction. No more than one dwelling shall be built on any one lot.4. Unless otherwise provided for by the Association, no dwelling shall be erected or placed on any lot having a width of less than sixty (60) feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than six thousand (6,000) square feet.5. The front line of any building erected upon any lot shall not be closer than twenty five (25) feet to the front lot line, and the side walls of any building shall not be closer than five (5) feet to the side lot line, and not closer than ten (10) feet to the side lot line if such lot line is adjacent to a street, except that any garage or carport, or other building as permitted by the Association, detached from the dwelling may be erected on either side or back lot line if such a garage or carport is located ninety (90) feet or sixty percent (60%) of the depth of the lot from the front lot line, whichever is less. The carport and storage room attached to the walls of the dwelling may be placed not closer than five (5) feet to an interior side lot line and not closer than ten (10) feet to a side lot line adjacent to a street. In the event an Owner acquires a portion of any adjoining lot or lots, the foregoing measurements shall be made from such Owner’s side property lines indicated on said recorded map or plat. No portions of the building erected on lots bordering the golf course shall be placed closer than twenty-five (25) feet to the boundary of said golf course; otherwise the rear lot setback shall not be less than ten (10) feet.6. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which will damage or interfere with the installation and maintenance of utilities, or which may change the direction or obstruct or retard the flow of water through drainage channels in the easements. A public authority or utility company is responsible for the easement area of such lot.7. Effective Jan 1, 2014. No house trailer, utility trailer, boat on or off trailer, truck bed camper, motor home, recreational vehicle (commonly called an “RV”) or other similar mobile accommodation (the “Mobile Accommodation”) may be allowed on any lot or on the street to be occupied as living quarters for anyone for a period of more than seventy-two (72) hours. Any unoccupied Mobile Accommodation must be maintained at least twenty-five (25) feet from the front lot line, except that they may be temporarily closer than the aforementioned twenty-five (25) foot restriction for not more than forty-eight (48) hours for loading, unloading, washing, and other routine preparation.A. Commercial/Large Vehicles: Effective Jan 1, 2014. Commercial and large trucks and vans – those rated over one ton – with the exception of pickup trucks, cannot be parked on streets, in driveways or on Kern City lots unless they are at least 25 feet back from the street and not visible from the street and golf course. Such a vehicle may be parked inside a garage or carport or in a rear fenced yard not on the golf course as long as it is parked on concrete. Vehicles actively engaged in unloading of persons, goods, or merchandise shall be allowed to complete their business.8. No standalone store, office, or other place of business of any kind, and no hospital, sanitarium, place for the care or treatment of the sick, physically or mentally, not any theaters, saloon, or other places of entertainment shall be erected or permitted upon any lot, and no business of any kind or character whatsoever shall be conducted in or from any building located on any lot or from any lot. Residents may carry on home-based businesses so long as such business does not encourage or invite the general public to any lot within Kern City. Further, no home-based business may establish a sign or other visible advertisement upon any lot within Kern City. Private “garage sales” or “yard sales” may be conducted with a frequency of no more than three (3) sales of no more than three (3) days each in any calendar year, and such sales are permitted only for the disposition of articles owned by Kern City residents.9. No swine, horses, cows or other livestock, no pigeons, chickens, ducks, turkeys, or other poultry shall ever be kept upon any lot.10. No solid wall, fence or hedge shall be erected or maintained nearer to the front lot line than the walls of the dwelling erected on such lot, and in the case of any lots which do not contain a permanent dwelling, no solid wall, fence, or hedge shall be constructed or maintained closer than twenty-five (25) feet to the front lot of such lot. No side or rear fence or hedge and no side or rear wall other than the wall of a building constructed on any lot, shall be more than six (6) feet in height. Lots bordering the golf course shall not erect or maintain a fence, wall, rail, or hedge at a greater height than three (3) feet within twenty-five (25) feet of the rear property line. Landscaping shall be planned for lots bordering the golf course so as to avoid undue obstruction of the view of the golf course from adjoining lots.11. All wood piles shall be screened by adequate plantings or other tasteful screening materials, as determined by the Architectural Control Committee, so as to conceal them from view of neighboring lots, streets, the golf course, and other publicly accessible area. All rubbish, trash, or garbage, furniture, storage boxes, machinery or equipment, construction materials or vehicle parts shall be removed from the property and shall not be allowed to accumulate thereon.12. Amended effective Jan 1, 2017: Effective for all purchases of Kern City properties on or after January 1, 2017, owners of Kern City properties may not rent or lease to any party, property within Kern City for three years from the date of purchase. This rule does not apply to properties that are inherited on or after January 1, 2017 or properties transferred by operation of law. Owners who rent or lease their property before the three-year period is up will face a hearing and possibly a Class 1 monetary penalty fine and suspension of privileges. If a penalty is levied, the owner will be fined even if the property is managed by another person or company.13. The Association in its own name and on its own behalf, or on behalf of any Owner who consents or in whose name an action is authorized to be prosecuted under this Declaration, shall have the power to commence and maintain actions to collect monetary obligations for damages or to restrain and enjoin any actual or threatened breach of any provision of this Declaration or of the Articles or Bylaws, or of the Association Rules or any resolutions of the Board, and to enforce by mandatory injunction, or otherwise, all of those provisions. Such power shall be set forth in the Association Rules and shall be in compliance with the provisions and procedures in California Civil Code §§1369.530-1369.580.14. Property Maintenance.A. Except to the extent that the Association shall be obligated to maintain and repair as may be provided in this Declaration, every Owner shall be responsible for the following maintenance and repair:Each Owner shall be responsible for maintaining those portions of the exterior of his or her lot which are visible from the street on which lot adjoins, as well as those portions of the exterior of his or her lot which are visible to the golf course, including but not limited to the walls, fences and roof of all structures on said lot, in neat, clean, attractive and safe condition and repair.The number of operable vehicles permitted for each Owner to allow to be on his or her lot at any one time is three (3). Inoperative vehicles and vehicles not currently licensed must be removed within thirty (30) days.Each Owner shall maintain all improvements on such Owner’s lot in a neat, clean, attractive and safe condition. Without limiting the generality of the forgoing, each Owner shall (1) keep Owner’s lot free from litter and noxious weeds; (2) maintain, cultivate and keep in good condition and repair all lawns, plants and other landscaping; (3) and trim all trees, shrubs or planting of any kind. Such maintenance shall comply with applicable City and County ordinances.Effective Jan. 1, 2019: Lawns and yards must be attractive even if members do not have grass. Lawns without grass cannot be plain dirt, and any plants or other grass replacement, statuary and/or ornamentation must first be approved by the Architectural Committee. Dirt yards must be landscaped within 180 days. Effective Jan. 1, 2019: Window coverings must be curtains, drapes, shutters, blinds or other authorized covering. Sheets, paper, aluminum foil and any other unauthorized coverings are not permitted.No rubbish or debris of any kind shall be placed or permitted to accumulate on or adjacent to any lot, and no odors (excepting commercially sold manure when used as a lawn fertilizer) shall be permitted to arise or emit from any lot, so as to render any such lot or any part of it, or any activity on it, unsanitary, unsightly, offensive, or detrimental to any other lot or the Common Area in the vicinity of the lot or to the occupants of such other lots. Trash, garbage and other waste shall be kept only in sanitary containers and shall be regularly collected or shall be deposited in bins or other trash collection receptacles located throughout Kern City and intended for trash collection purposes. No Owner shall permit or cause any trash or refuse to be kept within any part of Kern City other than in customary receptacles. Except on the scheduled day for trash pick up, these receptacles shall be located only in places specifically designated for such purposes.Effective Jan, 1 2014. For emergency, moving or remodeling purposes of the Kern City property, a garbage bin and/or storage container such as a POD, may be parked in a driveway for up to two weeks (14 days) and then must be removed. Longer storage periods must be approved in advance by the Board of Directors or its Compliance Chairperson. Full garbage bins must be emptied within three days.B. Right of Association to Maintain and Install. In the event that an Owner fails to accomplish any maintenance, repair or installation required by this Declaration or the Articles, Bylaws, Association Rules, or Board resolutions as may be in effect, or to pay his or her share of expenses incurred in the accomplishment of the same, the Association or its delegates may, but shall not be obligated to cause such maintenance, repair or installation to be accomplished or such payment to be made to the appropriate parties. The Owner of such lot shall pay the cost of such maintenance to the Association within 30 days, together with interest at the rate of ten percent (10%) per annum from the date costs were incurred by the Association until the date the cost is paid by the Owner, or as set forth in the schedule of penalties for violation of the governing documents, contained herein.C. Right of Entry. Each lot is hereby declared to be subject to an easement in favor of the Association on, in, over or under such lot, including the right of ingress to and egress from such lot, for the purpose of performing any of the Association duties under Subsection 14(b) and for the purpose of building, installing, operating, maintaining, and repairing air conditioning, plumbing, electrical, heating, gas, sewer and water ducting, laterals, lines, wires, pipes, and other conduits, equipment and systems located in or serving the Common Area or serving other lots. Further, the Association shall have the right to enter upon any lot in connection with any emergency exterior maintenance, repair or construction in the exercise of the power and duties of the Association. In the case of emergency, the right of entry shall be immediate.D. Improvements and Alterations. No improvements of any type or any alterations to an improvement shall be made, constructed, installed or maintained upon any lot unless and until plans for such improvements or alterations thereof have been approved by the Architectural Control Committee.E. Solar System. Effective Jan 1, 2014. Any member contemplating the installation of a solar system on a Kern City property must have approval from the Architectural Committee before any work is done.15. No noxious, offensive or illegal activities shall be conducted within Kern City. Nothing shall be done on or within Kern City that may be or may become an annoyance or nuisance to the residents or Owners, or that in any way interferes with the quiet enjoyment of residents or Owners.16. That in order to operate and maintain efficiently the community facilities for the property covered by these restrictions, the Association, a non-profit entity, shall operate and hold title to said facilities. Said Association shall have the powers to:A. Assess property Owners within Kern City for maintenance and operation based on procedures set forth in this Declaration of the Articles, Bylaws, Association Rules, or Board resolutions, and in compliance with the California Civil Code.B. Create an assessment fund into which the Association will place all sums collected by assessment or otherwise, the assessment fund to be used and expended for the purposes herein set forth.C. Use and expend the assessment and such other funds as the Association may receive to maintain, care for, preserve, and make improvements to the buildings and grounds.D. Pay taxes and assessments levied and assessed against the real property, and such equipment, tools, supplies and other property as are owned by the Association for the common benefit.E. Pay for water, energy, insurance, utilities, and other such expenses as may be necessary to the operation of the common facilities.F. Insure, and keep insured, all buildings and improvements on the property against loss by fire or other casualty, and to purchase such other insurance as the Association may deem advisable. In the event any of the insurance proceeds are insufficient to repair or replace loss or damage, to levy an additional assessment in proportionate amounts to cover such deficiency.G. Collect delinquent assessments by lien, suit, or otherwise.H. Protect and defend the property from loss and damage by suit or otherwise.I. Employ workmen, janitors, gardeners, and such other employees or independent contractors as are appropriate to conduct the business of the Association, to purchase supplies and equipment, to enter into contracts and generally to have the powers to manage the Association’s affairs as set forth herein.J. Make reasonable rules and to amend the same from time to time, and such rules and amendments shall be binding upon the Owners of any and all lots within Kern City.K. Appoint, elect, or otherwise choose by such means as are prescribed by the governing documents officers and agents to carry out the business of the Association.L. Shall have the power to amend this Declaration if so voted by the majority of owners; provided, however, that said majority shall be determined by the allocation of one (1) vote to each residential lot for fractional residential unit.M. Notwithstanding Article VI of the Articles of Incorporation of the Association, the By-Laws of the Association must provide for amendment of the By-Laws by a two-thirds vote of the qualified vote homeowners present; provided, however, that each lot or fractional unit shall be entitled to one (1) vote only.N. Have a right to appoint or remove members of the Architectural Control Committee as set forth in Section 17 of this Declaration.That for the purposes of enforcing these presents, the Association and its successors are hereby granted a lien against the interest of any grantee, his or her heirs, executors, administrators, or assigns to secure the faithful performance of each and every term and condition set forth herein, and in the event of non-performance by default by any such grantee, the interest of such grantee may be foreclosed by the Association in the same manner as realty mortgage, and that any redemption thereafter shall, nevertheless, be subject to the lien, therein created as to other or future events of non-performance or default, and the lien therein created shall likewise apply to the grantee of any Sheriff’s deed after foreclosure as to other or future events of non-performance or default; provided, however, it is specifically understood and agreed that the lien herein created shall at all times be subordinate and inferior to any bona fide lending institution’s liens then in existence, or thereafter placed against the said properties, or any of them. It is the intention that the lien herein created will be secondary and subordinate to any bona fide mortgage lien regardless of the time such mortgage lien is placed of record.17. Effective January 2009: The elected officials of the Association (“The Board”) shall be empowered to appoint an Architectural Control Committee (“the Committee”), comprised of at least three (3) Owners of real property within Kern City. Said committee shall have the rights and responsibilities as provided for by the Board, which shall include, but be limited to, reviewing plans and proposals for design, plot plans, materials, and reasonable conformity with neighborhood character and granting approval or denial of permission for any and all remodeling, new construction, or significant alteration of any homes or improvements within Kern City. Said Committee shall respond in writing to any such plans and proposals by granting or denying approval thereof within 21 days of its receipt of such plans and proposals. Any Owner who is denied approval of any project by the Architectural Control Committee may appeal the decision of that Committee to the full Board. Any such request by the Owner for reconsideration shall be presented to the Board within 30 days of the Owner’s receipt of the Committee’s denial of such plans and proposals.18. New effective January 2016: Condo Association Responsibilities.A. Each condo association shall amend its By-Laws (Rules and Regulations) to provide that its residents must contact the Kern City Board of Directors Architectural Control Committee, as well as their condo association’s Board, prior to commencing any proposed exterior alteration to their property.B. Each condo association shall provide a copy of its By-Laws (Rules and Regulations) to the Kern City Office. In the event such By-Laws (Rules and Regulations) are amended, such condo association shall provide a copy of the amended By-Laws (Rules and Regulations) to the Kern City Office.(i) Local Associations must be in compliance with the Davis Stirling Act and must provide KCCA with the following current documents: Bylaws, Restrictions, Rules, Reserve Study/Update, Annual Financial Statement, the amount of the monthly HOA dues, and the names and contact information of officers.(ii) Local Associations must have two banks accounts to keep operating and reserve funds separate. 19. (Previously 18): Enforcement of each covenant set forth in these restrictions shall be the right of each property Owner in the area of Kern City, either by suit or action in law or equity. In addition, such enforcement shall be a right of the Association, acting through its directors, and said provisions shall be binding on each and every one of said Owners.I. Guests. Effective Jan 1, 2014. Members must be present with any guests they invite to Kern City events or to any and all of its facilities.J. Property Insurance. Effective Jan. 1, 2015: Every property in Kern City must have property insurance coverage and be prepared to present proof of insurance if requested. The Association will not monitor coverage but will assess a penalty in the event of a fire or disaster affecting the association or any property that is not covered by insurance at the time of the event.20. The Kern City Civic Association reserves the right to revoke temporary use of its facilities, including the pool, if residents/members do not follow the rules; are verbally abusive (loudly argumentative, yelling, cursing); physically abusive; use inappropriate behavior or dress, including nudity or partial nudity; and/or in violation of the bylaws and CC&R’s, including non-payment of assessments and/or other fees/charges. ................
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