Covenants Conditions and Restrictions

Amended
Covenants, Conditions and Restrictions
White Oak Estates Homeowners Association

Entitled “Tract 517, White Oak Estates, a Resubdivision of Tract 467, White Oak Estates”
Recorded in Book M of Maps at Page 83
Originally filed as
Covenants, Conditions and Restrictions
White Oak Estates Homeowners Association



91-063878
Recorded
Official Records
County of
Placer
Mary Ann Hulse
Recorder
9:14 am 16 October 1991



Including:

Amended Language
Filed as
Amended CC&R’S
DOC-2000-0088256
Jim McCauley
Placer County Recorder
11:55:39 17 November 2000



And other Amendments as Voted Upon by the General Membership
May 16, 2011
Filed as
AMENDED Covenants, Conditions, and Restrictions
White Oak Estates Homeowners Association
DOC-2011-0084831
Placer County Recorder
10/27/2011



Amendment [Paragraph 15 (d)] as voted upon by the General Membership
November 7, 2011



Amended with new mailing address of PO Box 1332 Colfax, CA 95713
May 2012



Amendment [Paragraph 15 (e)] as voted upon by the General Membership
May 21, 2012

1







Paragraph 1 - Name

The name of the Association is White Oak Estates Homeowners Association.



The Association shall consist of all parcels of land within White Oak Estates Subdivision, entitled “Tract 517, White Oak Estates, a Resubdivision of Tract 467, White Oak Estates” as Recorded in Book M of Maps at Page 83.



Paragraph 2 - Organization

The Association shall be governed by a Board of Directors, hereinafter referred to as the "Board", consisting of President, Vice President, Secretary and Treasurer. All Board members shall be elected for two year terms. Elections for officers shall be called as terms expire. All Directors must be property owners within the Association area.

The Board of Directors shall appoint a Maintenance Committee of three (3) persons whose duties will be to review road conditions, and when directed by the Board, procure repair estimates as set out in Paragraph 4 herein. This Committee shall serve at the pleasure of the Board or its successor Boards. Neither Directors nor any Committee members shall receive compensation for their services to the Association.

The Association's Accountant Dwyer & Company PO Box 1447 Rocklin, CA 95677 (916) 624-7995 or 1293 Lincoln Way # B Auburn CA 95603 (530) 888-7130 shall be the contact for Real Estate/Title Company financial questions regarding association membership.



Paragraph 3 - Purpose

The repair, maintenance and reconstruction of roads in White Oak Estates, and for collection of funds and their disbursement for such repair, maintenance and reconstruction and for reasonable administration costs. Provided also, that private driveways, their culverts and other amenities shall be installed and maintained in a safe and workmanlike manner at the expense of the property owners whose parcels such driveways serve.



If the Maintenance Committee determines a property owner negligent in driveway installation and its maintenance, thereby causing damage to Association roads, the Board shall notify the property owner of the problem in writing with recommendations for remedying the situation. The property owner shall then have ninety (90) days to rectify the problem to the satisfaction of the Maintenance Committee unless an extension of the time is granted by the Board. If no action is taken, the Board may cause work to be done to correct the problem and charge the property owner for all expenses incurred, with non-payment there-of being treated the same as non-payment of regular assessment.

2

Paragraph 4 - Agreement

It is hereby agreed and declared that the owners of each and every parcel described herein shall bear an equal share of any and all costs required for the repair and maintenance of Association property as per Codes, Covenants and Restrictions of White Oak Estates. The provisions of this agreement shall effect and run with the land and exist and be binding upon all parties claiming an interest in the land as further specified in Paragraph 11 herein, or until such time as The Association’s roads have been dedicated to and accepted for use as a public road by the governmental body then lawfully exercising jurisdiction over said private road, or when declare abandoned by a document in writing signed by all affected property owners and recorded in the Office of the County Recorder of Placer County, California.



It is further agreed that works of repairs of the Association roads shall be authorized by a majority vote at a general or special meeting having a quorum, or by a majority of the members of the Association in good standing, or if they fail to act, a majority of the Board of Directors reach agreement that such work is needed, provided sufficient funds for such works are available. The Maintenance Committee shall then secure a minimum of three (3) bids for work to be performed from reputable licensed contractors, of which at least one has no interest in White Oak estates, or determine the feasibility of Association members doing some or all of the work required. The Board shall then select the contractor who submits the lowest appropriate bid for the work to be accomplished, or recruit the necessary volunteers from Association members, assemble the proper tools and materials needed to complete the work to be done. The Board, with the Maintenance Committee, shall oversee such repair or maintenance work.



Paragraph 5 - Voting

Each separate parcel of land shall equal one vote. Voting shall be by voice, show of hands or secret ballot. Voting may also be accomplished by written and signed proxy, delivered to a meeting or mailed to the Association’s legal address at least five days prior to that specific meeting. Voting rights will be suspended for those Association members whose assessments are in arrears.



Paragraph 6 - Meetings

There shall be two (2) General Meetings per year. The spring meeting shall be held on the third Monday evening of the month of May and the autumn meeting shall be held on the third Monday evening of the month of October.

The Board may, however, in its discretion call special meetings of the general membership if need should arise, and always if requested by membership in writing signed by at least 25 per cent of membership in good standing.

Board Meetings shall be called at the pleasure of the President, but shall be held at least semi-annually and always four weeks prior to a regularly-scheduled General Meeting for the purpose of preparing agendas for General Meetings.

 3

Minutes of all meetings shall be recorded by the Association Secretary and read at subsequent meetings for approval and/or correction.

Parliamentary Procedures shall be followed at all meetings and as set forth in Roberts Rules of Order, Revised.



Paragraph 7 – Quorum

A quorum for General Meetings shall be fifty-one (51) percent of membership of record in good standing. A proposition voted upon at a General Meeting shall pass if it is supported by a majority of the members present at a meeting with a quorum.



A quorum for Board of Directors meetings shall be not less than three (3) members.





Paragraph 8 – Notices of Meetings

Notices of General Meetings shall be mailed through the United States Postal Services with sufficient postage thereon at least two (2) weeks preceding such meeting.



Special Meetings, if time permits, shall be noticed by mail. Otherwise, telephone notification shall be sufficient.



Paragraph 9 – Assessments



Assessments shall be considered and voted upon annually at the spring meeting.

Any contemplated special assessments will be voted upon at a special meeting called for such purpose.

The annual assessments shall be due and payable, one half each, on the first day of May and the first day of October.

If any property owner does not pay his/her assessment share within 30 days of the due date, the Association may institute legal action for the collection of said assessment in accordance with the provisions of Section 845 of the California Civil Code, and shall be entitled to recover in such action the total of the assessment, interest thereon at the legal rate until paid, and costs and disbursements of such action, including such sum or sums as the Court may fix as reasonable attorneys fees.



Paragraph 10 – Severability



Each and every provision of these By Laws is and shall be independent of and severable from any other provision herein. If any provision shall be held by a court of competent jurisdiction to be invalid or unenforceable, all remaining provisions shall remain in full force and effect.

4





Paragraph 11 – Term



The provisions and covenants of this Agreement shall run with the land and be binding for a term of twenty (20) years from date of its recording, after which it shall be automatically extended for successive periods of ten (10) years.



Paragraph 12 - Amendments



This Agreement may be amended in part or in full only by an instrument executed by members holding two-thirds (2/3) of the voting rights of the Association entitled to vote, upon its being duly recorded with the Recorder of Placer County, California.



Paragraph 13 - Authority



The authority of the Association shall be specifically limited to the provisions of this document.



Paragraph 14 - Liability



Neither the Association nor its Board members assume liability for White Oak Estates or the condition therein. Ultimate responsibility and liability shall rest with the individual property owners who own the underlying fee titles.



Paragraph 15 - General



(a)Any owner of property who knowingly or unknowingly causes or allows the road to be used, traversed or altered by vehicular traffic or otherwise, thereby causing damage to said road as may be determined by a majority of the members of the Board, shall bear as his sole responsibility, the costs and expenses of repairing such damage.

(b)The Maximum Speed allowed in White Oak Estates shall be 25 miles per hour, considering the grade level, visibility and other factors. The speed limit shall be posted with appropriate signage. The assignment of speed limits and modifications thereof shall be a function of the Maintenance Committee, who shall receive input from property owners bordering said road.

(c)The installation and maintenance of appropriate Street Signs, where necessary, shall also be a function of the Maintenance Committee, upon approval of the General Membership and shall be considered a maintenance cost.

(d)No rubbish, debris or objectionable materials of any kind including vehicles shall be placed or permitted to accumulate upon any portion of said property which would render it unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity. If said property shall not be maintained as required by this section, the Association may at its election perform or cause to be performed such work as may be

5

necessary to bring said property into conformity with this section. If the owner of the property on which such work is performed shall not reimburse the Association for the cost thereof forthwith upon the Association's demand, the Association may take the appropriate legal methods necessary to recover said costs.

(e)No animals may be kept, bred or raised for commercial purposes or in unreasonable numbers (“unreasonable numbers” to be determined by the association board on an individual basis if a dispute arises).





White Oak Estates Homeowners Association



Signature: _________________________________ Date: ______________

Printed Name: _________________________ Office: __________________

6