Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

Browse Search

4.1.7 Adiacent Improvements and Landscaping Along Finger Avenue. The Lot 7 and Lot 8 Owners shall maintain the sidewalks, park strips and street trees, including irrigation thereof, adjacent to their Lots on Finger Avenue in accordance with the applicable Landscape Maintenance Agreement as described in Section 2.12 and Exhibit E. 4.1.8 Fences. Owners shall maintain the fences on the Owner's Lot. As part of the original construction of the Development, Declarant constructed fences on or about the common boundary line of Lots. The adjoining Owners shall jointly share the maintenance of the fence. The cost of the maintenance shall be allocated equally between the Lots unless the circumstances warrant a different allocation for a fair and equitable allocation of such costs. Each Lot as a dominant tenement shall have an easement over the adjoining Lot as the servient tenement for access to that portion of the servient tenement as may be reasonably necessary to maintain the fence. Any dispute between the adjoining Lot Owners regarding the need for maintenance, the quality or type of maintenance, the allocation of costs, or any related issues shall be submitted to the American Arbitration Association (AAA), any successor thereto or any other alternative dispute resolution provider acceptable to the parties for resolution. The dispute first shall be submitted to non-binding mediation for resolution. If the dispute cannot be resolved through mediation, the dispute shall be submitted to binding arbitration. Unless the parties agree otherwise, the dispute shall be heard by a single arbitrator in the county where the Development is located. In the arbitration proceeding, each parry shall have full discovery rights as authorized by Code of Civil Procedure section 1283.05 or any successor statute thereto. The decision of the arbitrator shall be binding on the parties and may be enforced in any court of appropriate jurisdiction. The arbitrator in his or her discretion may award costs, including reasonable attorneys' fees, to the prevailing party. 4.1.9 Homeowner's Manual. Declarant shall provide each Owner with a homeowner's manual (the "Homeowner's Manual") for the inspection and maintenance of certain Improvements and personal property situated within the Development with respect to the Improvements and landscaping to be maintained by the Owner. Each Owner shall retain the Homeowner's Manual and shall take all appropriate steps to implement and comply with the Homeowner's Manual as required herein. Each Owner, on the transfer of the Owner's Lot, shall deliver the Homeowner's Manual pertaining to the Improvements and any landscaping to be maintained by the Owner to the transferee on or before title is transferred. Replacement copies of the original Homeowner's Manual prepared by Declarant may be obtained from Declarant as described in Section 4 of the Claims Procedure described in Exhibit A attached to this Declaration. Declarant may charge a reasonable fee for providing replacement copies. 4.1.10 Trash Removal. Each Owner shall be responsible for the removal of all the trash and refuse from that Owner's Lot. Each Owner shall engage a trash removal service for the periodic removal of trash from the Owner's Lot unless the Board approves some other arrangement in writing. All trash or refuse shall be kept only in sanitary containers, which shall be kept in the areas within the garage or otherwise screened from view from any other Lot except on trash collection day if curbside service is provided. Trash containers shall be placed outside for curbside service no earlier than the evening before trash collection day and shall be retrieved no later than the evening of trash collection day. The Board may adopt Rules regulating the areas where containers may be stored and areas for curbside service. 4.2 Association's Maintenance Responsibilities. The Association shall maintain the Improvements and landscaping described in Sections 4.2.1 through 4.2.6 in good condition and repair and in compliance with the applicable Stormwater Agreement and Landscape Maintenance Agreement. 4.2.1 Common Area. The Common Area and all Improvements and landscaping, including, but not limited to, private streets, metal signs, sidewalks, irrigation systems, fencing, lighting fixtures and utilities serving the Common Area. 4.2.2 Utilities. Unless otherwise maintained by a government agency or regulated utility company or the Owner as described in Section 4.1, the Association shall maintain utilities in the Common EDNB\532951996553.3 10 August 18, 2016