Legal Compliance

Disclaimer: The information in this document and the forms attached are believed to be accurate as of the statutory requirements in effect as of January 1, 2009. The California Legislature has changed HOA statutes repeatedly and significantly. Thus, you should check the statutes, your governing documents and with your attorney before relying on this information or the forms attached.

Listed below are general guidelines which we recommend that the common interest developments managed by Haven Management adopt and follow. These recommendations are only that. There are many other fair and reasonable policies followed by common interest developments and these are not meant to supersede them. We must CAUTION you that the governing documents, including the adopted Rules and Regulations and Fine and Enforcement Policies of each association may require some variation of this Violation Process. DO NOT RELY UPON THE FOLLOWING PROCESS TO GUIDE YOUR ASSOCIATION. YOU MUST RELY ONLY UPON YOUR OWN GOVERNING DOCUMENTS, INCLUDING ANY ADOPTED RULES AND REGULATIONS.

*Please login to your FLOWpass account to read your association's specific rules and regulations and enforcement policies.

Rule Enforcement: General

Each month an inspection is conducted by member(s) of our management team to review owner non-compliance matters within your community, based on the Association’s current Rules and Regulations. The management team also inspects your common area facilities while on this inspection.

According to RealtyTrac, a website that tracks foreclosed properties: “The numbers of foreclosures were up in August 2007 an alarming 93% over the number of foreclosures in August of 2006,” with no end in sight at the moment. Owners are abandoning their properties. Owners are struggling to make their monthly mortgage and monthly assessments. Delinquencies are on the rise creating budget deficits for the Associations. More than ever, the compliance process is extremely important. The objective of the Board and Management is one of protecting, maintaining and enhancing the value of your community, especially in this Economic Downturn, the importance of owners maintaining the exterior of their property is vital to your neighborhood.”

The Violation Process:

1^st Notice: The first violation is a letter to correct the violation providing “X” amount of days to comply (according to the rules of your association). Along with this letter is a response form for the person in violation to respond back to the board. All responses must be in writing. The written response is extremely important and represents the homeowner in violation in their own words, especially if there is a disagreement with the contents of the letter. Too often issues may not be communicated as one intends it to be and we want to make sure that there is a method in which to respond and that we can have record of as well.

2^nd Notice (Hearing Notice): If an owner fails to comply or respond to the board after the 1^st Notice, the 2^nd notice will be sent and this is called the Hearing Notice. This notice will provide a date and time for you to appear to review the compliance issue with the Board.

Failure to Attend the Hearing: Failure to comply with the published rules and failure to respond will result in the following action being taken: The Board will fine your account according to your fine and enforcement policy and if the violation continues the board will refer to legal counsel for resolution.

Who Pays for Violations? The individual owner and the membership. The individual will pay for fines assessed and legal fees incurred. Your neighbors – they pay too! They have to deal with the lack of compliance and for any legal costs that the HOA has to incur to resolve. What is important here is that every member in an Association agreed to comply with the CC&R’s and the Rules and Regulations when they purchased the property. The owner has an obligation to follow the rules and the Board has a duty to make every effort to enforce the rules to protect, maintain and enhance the value of everyone’s property. Management assists the Board with this process.

Please review some of the following areas of concern (general) that may generate such a letter. Please refer to your Association’s Rules and Regulations as well for other Association guidelines.

LANDSCAPE:

Landscape areas must be mowed, watered, edged – basically maintained in clean manner and on a regular basis. Trees/shrubs/any vegetation must be trimmed away from pedestrian walkways, signs and/or trails

REFUSE AND TRASH CONTROL:

Storage of Trash, discarded items of any kind is not permitted to accumulate on your property.

Individual Trash Receptacles: If you have individual receptacles you must remove from curbside within the time frame of your rules and regulations and place the receptacles out of the view of the common areas. Place in your garage or backyard.

Common Trash Bins: If your Association has common trash bins, those bins are for general trash only and the trash must be placed inside the bin. No bulk items are permitted in these bins. Bulk items such stoves, furniture and any other large item will not be picked up by the service company and therefore creates a liability to the Association and an extra cost for emergency removal of said item.

EXTERIOR MAINTENANCE /GENERAL:

Satellite/cable wires not secure

Carports/Driveways are to be clear of stains, oil, rust etc.

Repair broken windows, damaged garage doors, fence repairs, exterior painting, exterior lighting and any other general exterior maintenance item.

Window Coverings (shades, blinds, curtain, and screens) must be in good condition and all windows must have appropriate coverings. Towels, newspapers, foil etc not permitted.

Garden hoses must be neatly coiled or wrapped in a holder when not in use

Bicycle riding, scooters, skateboards, skates, etc are not allowed on the grass or other landscaped areas.

Holiday Decorations must be removed per the time line provided in your Rules and Regulations

PET CARE:

All dogs are to be leashed and accompanied by owner when using the common areas, to include streets, sidewalks and parks. Dog barking needs to be controlled as well - Noise Nuisance.

Owners are required to pick up their pet’s waste to include the common areas to include streets, sidewalks and parks. The HOA landscape does not pick up dog waste, that is the owner’s responsibility and in most cities there is a costly fine for not picking up after your pets. Landscape companies may charge your association extra fees if we have to generate a work order to remove dog waste which is an easily avoidable expense to your Association.

PARKING RULES:

Refer to your parking rules for your Association. Parking in fire lanes is prohibited at all times.

ARCHITECTURAL PROCEDURES:

As a reminder – All exterior improvements or modifications must have written approval of the ACC Committee/Board prior to the commencement of work. The procedure is as follows:

a) Contact Haven Management for an application or download one from your association’s FLOWpass page (you must sign up for FLOWpass to access this feature – no costs involved with signing up for FLOWpass).

b) Fill out applications per the guidelines that will be provided and then

submit the completed application along with required plans or specifications to Haven Management LLC.

c) Your ACC Request will be tracked in our tracking system and forwarded to the Committee/Board for their response to you. You will receive a confirmation letter.

d) The Committee/board has 30 days (may vary depending upon the Rules of your Association) in which to review and respond to you. Please plan in advance, as you must provide the Committee/board ample time to adequately review your request.