September 21, 2007
TABLE OF CONTENTS
Introduction Page #
General Requirements 3
1.1 Permits Prior to Making Modification
3.1 Balcony Enclosures
Construction Rules 13
4.1 Construction Working Hours
5. Asbestos 16
6. Lead-based Paint 16
7. Enforcement 16
Exhibit A, City of Coronado Requirements for Plan Submittal 18
Exhibit B, Contractor Information Form 19
Exhibit C, Manager’s Letter Regarding Insurance 20
Exhibit D, Diagram of Balcony Requirements 21
In accordance with the CC&R's, the Articles of Incorporation, and the By-Laws of the Association, the Board of Directors of Coronado Shores Condominium Association No. 4 (also known as Las Flores) has established the following Rules and Regulations for the remodeling of individual Units. The prime motive in establishing these Rules and Regulations is to treat all Unit Owners fairly. To achieve fairness, the Board has balanced the need to protect the property values of all Unit Owners by permitting easy remodeling while providing for the safety and comfort of all other residents. These remodeling requirements complement the City of Coronado’s requirements.
The City of Coronado will not accept an application for a building permit until after Las Flores has approved the remodeling project. If a remodeling project commences without the proper approvals, the City’s Building Inspector may stop the ongoing work and place the Unit off limits to occupancy until such time as the proper permits are obtained.
The Board recommends that Owners confer with the Association’s Condominium Manager (Manager) regarding their remodeling project and any questions they may have regarding these Rules and Regulations. This could help ensure that plans are in compliance with requirements and thereby avoid problems. The Manager sends each Contractor a letter of "Contractor Rules". The Manager is available to assist with remodeling questions during normal business hours. In addition, the Manager has authority from the Board to approve projects which comply with these remodeling requirements.
1111. GENERAL REQUIREMENTS
1.1 PERMITS PRIOR TO MAKING MODIFICATIONS
Any change in a Unit that requires drilling into or affixing to a perimeter surface such as a wall, floor or ceiling or is permanent in nature or which will impact what is seen or heard outside of the Unit must be approved by the Board prior to commencing construction work.
A City of Coronado building permit is required to remodel a Unit. Plans must be reviewed and approved by the Department of Community Development and the Fire Department. Before these authorities will review plans, Las Flores must first approve the plans.
If in the judgment of the Manager the proposed project complies with the remodeling rules, is not controversial and, therefore, does not warrant a full review by the Board, the Manager may grant its approval on behalf of the Board.
Projects must be scheduled in advance and as noted in Section 1.9, if a project fails to maintain its schedule, the Manager may suspend the permit for that project and permit the project which next applied and is ready to proceed. The project suspended will go to the back of the queue and may not commence until approved by the Manager.
1.2 PROJECT DESCRIPTION AND INSURANCE REQUIREMENTS
Owner must submit the following information in writing to the Board of Directors describing the details of the proposed plan for change, modification, or remodel.
(a) Project address and square footage – existing
1.3 CITY OF CORONADO BUILDING PERMIT DOCUMENTS
"REQUIREMENTS FOR PLAN SUBMITTALS, CORONADO SHORES TENANT IMPROVEMENTS", Exhibit A (1 October 2002, Tony Pena, Director, Community Development) list plans and other information that the City of Coronado requires for issuing a building permit.
1.4 UNIT OWNERS’ ACKNOWLEDGMENT OF RULES AND REGULATION
Unit Owners must acknowledge receipt of these
Rules and Regulations for Remodeling and Contractor Rules by signing and
returning the form entitled "Submission Regarding the Proposed Remodeling",
Exhibit B, before commencement of construction work.
The Board of Directors will review the proposed
plans pursuant to the Association’s Bylaws (See Article 15.3) and Paragraph
12.6 of the CC&R’s as amended. The Board and/or Manager will notify the Unit
Owner of its decision within thirty (30) days. The City of Coronado will
require Las Flores’ approval (a stamp on plans or letter of approval) before
it will act upon a Unit Owner request for a building permit.
Unit Owners must submit a copy of the building permits issued by the City of Coronado and a copy of the Fire Marshall review/approval stamp to the Association for its file.
1.7 CONSTRUCTION INSPECTIONS
The City of Coronado often requires that interim inspections be conducted and approvals be granted during a construction project. If an inspection is to be conducted by the City, the Manager must be notified by the Contractor. If the Manager is not notified, the project shall be delayed until the Manager is satisfied with the inspection. If the Manager is properly notified and not in attendance at the time of inspection, the project shall not be delayed and the inspection may proceed.
The Board, or its authorized representative, shall have the right to inspect a Unit being remodeled at any time and at the completion of the remodel to ensure compliance with all applicable rules and regulations.
1.8 CERTIFICATE OF OCCUPANCY
Upon completion of any Unit changes or modifications for which a building permit has been issued, the City of Coronado must provide a final approval which may take the form of a certificate of occupancy. Failure to attain final inspection approval by the city will cause all permits to become invalid and may create potential liability to the Unit Owner.
2. SPECIFIC RULES
The following supplement and further explain the general requirements set out above.
(a) The term "Unit" is defined as a Coronado Shores Condominium Association No. 4 residential Unit located at the Las Flores Tower, Coronado Shores;
(b) The terms "remodel", "remodeling" or "remodeled" is defined as follows: Any modification to the interior of a Unit, including but not limited to movement, relocation, construction, or removal of Unit walls, floors, bathrooms, bathroom facilities, kitchen, kitchen facilities, balconies, balcony enclosures, installation or re-surfacing of Unit flooring, or any other room or fixture other than wall coverings, or painting;
(c) The term "Association" as used herein shall refer to the Coronado Shores Condominium Association No. 4;
(d) The terms "Board" and "BOD" as used herein shall refer to the Board of Directors of the Coronado Shores Condominium Association No. 4;
(e) The term "Manager" as used herein shall refer to the individual hired by the Board to manage the business of the Association;
(f) The term "Engineer" as used herein shall refer to the individual hired by the Board to care for the mechanical, technical and electrical aspects of the property under the direction of the Manager;
2.2 REMODELING PERMIT APPLICATION FEE AND CLEANING DEPOSIT
Any application for permission to remodel shall be in writing. Approval of the application shall be conditioned upon the applicant obtaining and providing the Board of Directors with copies of all government permits. The Unit Owner is responsible for all cleaning and repairs and the application shall be accompanied by a deposit of One Thousand Dollars ($1,000.00) to secure the monthly cleaning and repair fee. Due to the increased negligence by contractors and their employees with respect to cleaning up after themselves and continual damage to wallpapered and painted surfaces in the common areas, there will be a non-refundable presumed-damage levy of Two Hundred Dollars ($200.00) per month during the course of construction on a unit. The monthly fee will be deducted from the deposit. If the project exceeds the allowed one hundred eighty (180) days permitted by these rules and the deposit is entirely utilized by the monthly deductions, an additional One Thousand Dollar ($1,000.00) deposit will be required. The required deposit does not limit liability to the amount of the deposit and the Unit owner will be held strictly accountable for all damage and the cost of cleaning or repair.
Unit Owners are required, prior to commencement of any work activity, to obtain from each contractor, subcontractor or workman a current copy of their insurance coverage with minimum limits as specified in Exhibit C.
All proposed remodels must be in strict compliance with the CC&Rs, the Association Articles of Incorporation, the By-Laws, the Supplemental By-Laws, the Rules and Regulations of the Association and any applicable federal, state or local laws or regulations, including, but not limited to City of Coronado municipal law and the Uniform Building Code.
The remodel applicant agrees to indemnify and hold harmless the Association, Board, Manager and Engineer for any liability caused by a discharge of any material or substance, including hazardous material, in violation of California or federal law.
The Board, in reviewing each remodeling application, will exercise reasonable discretion in approving a remodeling request. The Board may consider the following factors or guidelines in determining whether approval of the proposed remodel should be issued:
(a) How the Unit as remodeled will impact the use of the interior of the Unit;
(b) The nature of the impact of the remodeling upon other Unit Owners or residents that might result from construction associated with the proposed remodel.
(c) The impact of the utilization of common areas on owners and guests;
(d) The increases in common area maintenance expenses related to the proposed remodel;
(e) Whether the proposed remodel violates the applicable Association Conditions, Covenants and Restrictions, By-Laws, Rules and Regulations, the Uniform Building Code, or any other applicable state or federal law or regulation;
(f) The aesthetic impact upon the architectural or visual integrity of Las Flores Tower and adjoining properties as reasonably determined by the Board.
2.7 NOTIFICATION OF DECISION
Not more than thirty (30) days after receipt of a written application with complete documentation to the Board to remodel a Unit, the Manager shall notify the Owner in writing the decision of the Board on the application for permission to remodel. Any verbal representations regarding approval or non-approval of a remodel application shall be of no effect and may not be relied upon by a Unit Owner or resident applying for permission to remodel a Unit. If approval is denied, the written decision shall describe the specific reason for denial.
2.8 IMPROVEMENTS WITHOUT PERMISSION
An applicant, Unit Owner or Unit resident who remodels a Unit without written permission from the Board shall be financially responsible for removing the improvement upon written notice from the Board. If an owner fails to remove any unapproved remodeling within a reasonable time not to exceed thirty (30) days, the Manager shall remove the remodel and bill the Owner for the cost of the removal, repair and cleaning of the Unit and common areas caused by the unapproved remodeling.
2.9 COMPLETION OF CONSTRUCTION
An approved remodel must be completed, and all remodel construction activity concluded, within one hundred eighty (180) days from the date specified for the start of construction in the application. The manager shall have the right to extend the deadline for completion for good cause. If the deadline is not extended construction shall cease and the Unit be returned to a condition specified by the Board.
3. DESIGN REQUIREMENTS
3.1 BALCONY ENCLOSURES
WARNING!! You may be incorporating into your living room an area with no real roof. The floor of the open balcony above your Unit has no roofing material and was not made to be waterproof. The Association will not be responsible for water leaks through the ceiling of your enclosed balcony area.
No enlargement of the Unit is permitted except the enclosure of the balcony. See Exhibit D.
(a) All new materials shall conform to the existing glass panels and aluminum frames in Las Flores Tower and shall conform to City of Coronado Building Codes.
(b) The leveling of any balcony floor shall be accomplished by the use of fire retardant treated wood or equivalent. Terrace Units are exempt from this rule.
(c) The use of light-weight concrete in conjunction with any element of a balcony enclosure is expressly prohibited. Terrace Units may use light-weight concrete to level the floor.
(d) Balconies shall be enclosed so that the entire balcony is enclosed and so that the glass will be placed not less than thirty inches (30") from the outside edge of the ledge. (See Exhibit D).
(e) The existing balcony railings shall remain in their original positions.
(f) If the existing balcony window walls are not to be used to enclose the balcony, then the vertical dividers in any new window wall shall be centered so as to line up with the main vertical posts in the existing railing.
3.2 STRUCTURAL MODIFICATIONS OR ALTERATIONS
Additional kitchens, bathrooms or rooms may not be added to a Unit, except for Units with a den. An additional bathroom may be added to a Unit in a den. Unit kitchens and bathrooms may not be relocated within the Unit. Additional waste lines may not be added to an existing waste line in a Unit. No structural modification or alterations in a Unit are allowed that result in the creation of an additional bedroom or sleeping space in addition to the bedrooms that appear on the original condominium plan recorded in the office of the County Recorder of San Diego County.
3.3 MODIFICATIONS TO EXTERIOR SURFACES
The Unit does not extend into any floor,
ceiling or exterior wall. Channeling, coring, drilling, shooting, detouring,
cutting or going beyond the exterior surface of concrete floors, concrete
ceilings, concrete columns, or concrete walls is not permitted.
3.4 FLOORING MATERIALS AND IMPACT SOUND INSULATION
3.4.1 Background Information.
All enclosed floor area within your Unit must be covered by a surface flooring material and sound insulating underlayment ("Flooring System"). Any surface flooring material (stone, wood or cork, tile, carpet, resilient flooring such as vinyl and linoleum, etc.) may be used provided such installation complies with the sound insulation requirements contained in this section. A bare or stained and sealed slab floor and similar finishes are not permitted. Rugs will not be considered a part of any Flooring System.
The Flooring System and installation methods that you select will have an impact on what your neighbors hear as you, your family and guests walk, move or drop items within your Unit. A contiguous neighbor has the right to require that your floor be tested for sound insulation with the expenses of the tests and any required replacement being paid by you if the floor does not meet the required Field Impact Insulation Class ("FIIC") rating shown in section 3.4.2(b) (1), below. If the floor meets the required rating, the complainant shall pay the costs of testing.
3.4.2 Submission of Sound Insulation Design.
No Flooring System construction shall commence until the information required by this section is submitted to and approved by either the Association Manager or Board of Directors ("Board") and a construction permit has been obtained from the City of Coronado, as required. In the event that construction commences prior to approval, such Flooring System materials may, at the option of the Board, be removed at Owner's expense.
a. Construction Drawing. The Owner shall provide a construction or architectural drawing clearly indicating the type of Flooring System to be used as well as the method by which it will be installed, including a copy of installation instructions from the underlayment manufacturer. The drawing must clearly identify all materials, their composition and thickness. Additionally, the Owner shall submit a "plan view" drawing showing the location of all adjacent partitions, cabinets, etc., with referenced section details indicating the method of isolating the Flooring System along its entire perimeter.
b. Test Standards. All new and replacement Flooring Systems shall meet the standards contained in this section:
(1) Standards at Installation. An Owner's selected Flooring System must meet a minimum FIIC rating of 50 in the kitchen, bathroom(s) and entry area, as limited to the Unit's original floor plan, and a minimum FIIC rating of 55 for all other floor areas within the Unit. Reasonable evidence must be presented at the time of application for installation that the Flooring System will meet these standards. Reasonable evidence may include: (a) a Flooring System included on the list of Flooring Systems believed by the Board to meet FIIC standards if properly installed (the "Manager's List"), (b) a certified onsite test performed in Owner's Unit, or (c) a published certified test made in a building substantially similar to Las Flores over an 8" or less concrete floor with an exposed slab ceiling below. All tests to meet these standards shall conform to and be consistent with standards of the National Voluntary Accreditation Program (NVLAP) for ASTM E1007 or equivalent.
(2) Exceptions. Flooring Systems previously approved and properly installed prior to the establishment of the standard shown in section 3.4.2(b) (1) shall not be required to meet test standards until replaced, and no Owner shall be required to remove such Flooring System. Terrace level Owners are not required to meet sound insulation requirements except at the perimeter of their Flooring System.
3.4.3 Approval of Flooring, Underlayment and Installation Design.
a. Approval by Association Manager. The Association Manager may approve an Owner's proposed Flooring System if it conforms with Flooring Systems on the Manager's List. The Board of Directors may remove Flooring Systems from the Manager's List if evidence shows failure of the system to meet required FIIC tests.
b. Approval by Las Flores Board of Directors. If a proposed Flooring System has not been previously approved but reasonably appears to meet FIIC standards, either the Owner or the Association Manager may submit the Flooring System design and evidence of compliance to the Board, and the Board will make a final adjudication to approve or disapprove the design. The Board's decision is final.
c. Owner's Responsibility for Sound Insulation. Although the Association Manager or the Board approves installation of a Flooring System, the Owner is solely responsible and accountable for the continuing performance of the installed Flooring System pursuant to section 3.4.4, below. Acoustical performance and continuing structural integrity of a Flooring System depend upon the components of the Flooring System, the quality of the materials and the effectiveness of the installation.
3.4.4 Noise Impact Complaints and Required Testing.
If a contiguous Owner files a written complaint with the Board alleging that a Flooring System does not meet the required noise insulation standards, and after investigation by the Manager, the Board determines that the complaint is bona fide and cannot be resolved between the parties, then the Owner and the Complainant shall each deposit with the Association the full cost of an onsite test(s). The Board then shall arrange for FIIC test(s) to be performed at the Owner's expense by a testing agency accredited through the National Voluntary Accreditation Program (NVLAP) in accordance with ASTM E1007.
If the test(s) fail(s) to meet the FIIC ratings shown in section 3.4.2(b) (1), then the Owner will be required to modify or remove the Flooring System. The total cost of the test(s) and change(s) to the Flooring System shall be the responsibility of the Owner. After modifying the Flooring System to achieve compliance, the Owner shall deposit with the Association the full cost of the FIIC retest(s) per ASTM E1007.
If the initial test meets the FIIC standards as described in section 3.4.2(b) (1), the cost of the test shall be borne by the Complainant, and no modification will be required. If the Owner of the floor fails or refuses to submit the Flooring System to this testing and/or fails to resolve the sound attenuation problem, enforcement of this Section 3.4.4 will be the responsibility of the Board. The Board can require that the Flooring System be removed or modified to meet the FIIC standard, with the Owner paying all costs of compliance, including legal expenses.
If screens are to be installed or replaced, they shall be constructed of gray fiberglass screening with clear anodized 1" aluminum frames.
3.6 WINDOW COVERINGS
Only blinds, drapes, shutters, or curtains shall be used as window coverings. That portion of the window covering that faces the exterior of the building shall be white or off-white.
3.7.1 BACKGROUND INFORMATION
Replacement windows referred to as low bar or no bar windows (also known as window walls) can be used provided the window configuration complies with the building code and so long as the Unit owner assumed responsibility for maintenance of the new windows.
(a) The replacement windows and frames shall be designed to withstand the winds prevalent in this area.
(b) The new windows shall have an exterior appearance that is very similar to the existing windows. Window replacement plans will be rejected if the Board believes that the new windows are materially different in exterior appearance from the existing windows.
c) Prior to receiving approval the owner must agree in writing to assume responsibility for the maintenance of the window system, but not the cleaning, to include the frame, the glass, hardware and all other components that are now the responsibility of the Association to the extent that the installed windows are not in keeping with the building standard. The liability of the Association shall not exceed beyond the liability incurred by the original installation.
(d) If the remodel is to include window replacement or tinting, the shade of tint shall be light gray as specified by the Manager. Upon request, the Manager will provide a sample of the approved tint.
3.7.3 SUBMISSION OF DESIGN
Submit to the Manager for Board approval the following information:
(a) A test report or statement from the manufacturer to demonstrate compliance with the strength and energy efficient standards.
(b) A construction drawing clearly indicating the type of window system to be installed. The drawing must clearly identify all materials.
(c) A plan view drawing of the window system indicating the location of all adjacent structural elements, etc., with referenced section details indicating the method of anchoring the windows to the column and ledge along the entire perimeter.
(d) A copy of the installation instructions from the window system manufacturer.
3.7.4 Replacement Window Responsibility
The structural stability and energy characteristics of the system depend upon the installation techniques and the quality of the windows installed. Even with approval from the Board, the installation, performance and stability of the window system shall be the responsibility of the Owner.
Relocation or detouring of existing vertical cable television lines in a Unit or common area must be placed in rigid conduit with sweeping bends to allow renewal of the cable in the future.
4. CONSTRUCTION RULES
4.1 CONSTRUCTION WORKING HOURS
No construction personnel shall be on the premises on any weekend or holiday nor may any work take place except during the hours from 8:00 AM to 6:00 PM, Monday through Friday. Based upon special permission in writing from the Manager, certain types of work may be permitted on Saturday, Sunday or Holidays.
4.2 CONSTRUCTION DEBRIS
Construction debris must be tightly bagged and removed by the contractor. No dust, dirt or material of any type may leave the Unit in any fashion that leaves dust, dirt or footprints in the halls or elevators. Construction debris must not be thrown down the trash chutes or placed in the Association trash dumpsters. Unit remodeling shall immediately be stopped if any dust, dirt or debris in the common areas is traced to a remodeling project.
The Association grocery carts and luggage carts may not be used to carry construction materials to your Unit or construction debris from your Unit.
4.4 SMOKE DETECTORS
Many Units have two (2) sets of smoke detectors, freestanding and a newly installed system tied to a central office. Smoke detectors must be protected from dust and other airborne contaminants. WARNING!! Do not leave the condominium without reactivating the smoke detector protection. Simply covering the detector and leaving it covered is not permitted. Fires often occur during construction and it is the owners’ obligation to work with his or her contractor to maintain the efficiency of the detectors.
4.5 FIRE SAFETY SYSTEM
The Association has installed a fire safety system in the common areas and portions of the Units. No one should tamper with the detectors. If the detectors need to be moved or taken out of service, the Owner or Contractor must contact the Manager. If dusty work is to be done in a Unit, the Contractor must borrow an approved cover for the detector from the Manager in order to prevent false alarms. If the remodeling activities trigger a false alarm, the Unit Owner shall be responsible for the cost of the false alarm and repair of the detector.
4.6 COMMON AREAS
Unit Owners are responsible for any damage to common areas or required cleanup in common areas caused by your workers. Common areas may not be used for construction materials or tools storage.
4.7 USE OF STORAGE BOX
During certain projects, it may be possible with written permission from the Manager to utilize a storage box in a limited number of areas in the garage or the Unit parking space. Please see the manager for specific rules and regulations regarding this matter.
4.8 PERMISSION TO ENTER THE UNIT
The doorperson must have a written list of the names and affiliations of all persons to whom you give permission to enter the Unit or they will be denied entry to the building.
4.9 CONSTRUCTION ENTRY
Workers carrying tools or materials shall enter through the garage. No workers will be allowed entry through the main lobby doors when carrying any tools or materials. (Entry must be through the lower garage to the elevators).
Do not put anything (other than clear water) down the drains of the apartments or this Building.
4.11 WATER SHUT OFF
All requests for water shut off must be made to the Manager/Engineer twenty-four (24) hours in advance. There will be a fee of Thirty Dollars ($30.00) for shutting off water and draining down the stack each time the water is shut off or the stack is drained.
4.12 PROTECTING THE COMMON AREAS
It is the Unit Owner’s responsibility to protect the common area floor, wall covering, elevator doors and frames, painted areas, trim, etc. The Unit Owner is required to clean any mess he/she or their workers make in this building.
4.13 LOADING OR UNLOADING
Prior to loading or unloading, the Contractor or Unit Owner must contact the Doorperson for any assistance needed for building/Unit entry, loading/off loading materials.
4.14 LOBBY/ELEVATOR DOORS
Only the lobby/elevator door retainer key may be used to hold the doors open. (See the Doorperson for the key). Do not use any other method to hold the door open. After loading/unloading, the elevator is to be released immediately. No contractor or owner may monopolize an elevator by placing an employee in the elevator whose function it is to reserve the elevator unless materials are in the process of being moved.
4.15 PROTECTIVE PADS AND MATS
Pads and a protective mat must be installed in the elevators before using them to transport tools, construction material or debris. Only the south elevator will be utilized to move in/out or to transport tools/materials. Upon request, the Doorperson will have the pads and protective mat installed in the south elevator.
4.16 SUMMER CONSTRUCTION WORK RESTRICTIONS
(a) If in the judgment of the Board ongoing remodeling projects will pose an undue hardship on the Unit Owners, the Board may limit the number of concurrent remodeling projects in progress to six (6) to ensure Unit Owner access to the building and elevators.
(b) The Board has determined that remodeling during June, July, August and until the 15th day of September is unduly disruptive because of the demands it places on elevators, building entrances and utilities at a time when experience shows that the elevators, garage and parking spaces around the building are in greater demand for the larger number of occupants in the building. The parking spaces open to the public are in high demand for the use of summertime beachgoers and there are greater demands from summertime occupants of Las Flores and the other Coronado Shores buildings including tenants who are not familiar with the building and its regulations and take greater time of the Manager and staff. No remodeling will be approved to take place between June 1 and September 15 (referred to as "the Summer Period"); provided that the Board may in its discretion permit work already commenced on one or more Units to continue during the Summer Period or such portion thereof as the Board specifies, if the Board determines in its judgment that the work on such Units during the Summer Period or portion thereof (1) will not need monitoring by the Manager, Engineer or other employees on other than a minimal basis, (2) will cause minimal use of and will not involve the need to hold any elevator out of service for any period of time, (3) will not involve construction noise, debris, or disruption affecting neighboring and other Units in the building, and (4) will not involve the use of parking spaces around the building by workers, suppliers or others involved in performing such work (such work so permitted by the Board being referred to herein as the "Permitted Summer Work").
All acoustical ceilings in Las Flores Tower contain twenty percent (20%) asbestos material. The material must be handled in accordance with OSHA/EPA and/or other government agency requirements and the removal must be accomplished by a licensed abatement contractor.
6. LEAD-BASED PAINT
This building was constructed prior to 1978 and, thus, lead-based paint may have been utilized in both common and living areas.
All disputes arising out of these supplemental Rules and Regulations including but not limited to, the enforceability of these supplemental Rules and Regulations, the approval or disapproval of a proposed remodel, or the enjoining or removal of an authorized remodel will be resolved by submission to binding arbitration at the San Diego, California offices of Judicial Arbitration & Mediation Services, Inc. (JAMS). If the parties agree, a retired judge from the JAMS panel shall hear the controversy. If they are unable to agree, JAMS will provide a list of three available judges and each party may strike one. The remaining judge will serve as the arbitrator. The parties agree that arbitration must be requested in writing within one (1) year after the claimed breach of contract, occurrence or omission occurred and that failure to initiate arbitration within a one (1) year period constitutes an absolute bar to the institution of any proceeding. The aggrieved party may only initiate arbitration by sending written notice of an intention to arbitrate by registered or certified mail to JAMS, all individual parties and the Board during the one (1) year period. The notice must contain a description of the dispute, the amount involved and the remedy sought. If and when a demand for arbitration is made, the parties to the arbitration agree to execute a Submission Agreement, provided by JAMS, setting forth the rights of the parties if the case is arbitrated and the rules and procedures to be followed at the arbitration hearing. The arbitrator is empowered to award equitable remedies, including, but not limited to, injunctive relief to remove or avoid unauthorized or disapproved remodeling. If one party prevails or substantially prevails in the arbitration, as determined by the arbitrator, that party shall be entitled to an award of reasonable attorney fees and costs; provided that no attorney’s fees shall be charged against the Association if the arbitrator determines that the Board acted in good faith in reliance on counsel or other professional advice. If JAMS is no longer doing business in San Diego, California, or is otherwise unavailable to conduct the arbitration, the matter will be resolved by submission to binding arbitration at the San Diego, California, offices of the American Arbitration Association.
7.3 RECOVERY OF COSTS AND FEES BY ASSOCIATION
In the event that the Association challenges any unauthorized modification or non-conforming modification, the Association shall be entitled to recover its reasonable costs and attorney fees without regard to whether or not the modification would have been approved had it been submitted to the Board. The mere fact that the person undertaking the modification failed to seek a permit shall be sufficient for the arbitrator or court of appropriate jurisdiction to award attorneys fees.
This compilation of the restated version of the Remodeling Rules and Regulation for Las Flores Tower is the Board’s attempt to develop a user-friendly version of the Rules without substantially changing any rule. This version was approved by the Board at its June 16, 2005 meeting and the new summer work rules sent to the Owners on July 14, 2005. The Board invites your comments regarding the rules.
For the Board of Directors:
CITY OF CORONADO REQUIREMENTS FOR PLAN SUBMITTAL
CORONADO SHORES CONDOMINUM ASSOCIATION NO. 4
"LAS FLORES TOWER"
REGARDING THE PROPOSED REMODELING TO MY UNIT(S) #______________________
1. PROJECT START DATE ___________ SCHEDULED COMPLETION DATE ___________
2. I HAVE RECEIVED A COPY OF THE LAS FLORES TOWER RULES AND REGULATIONS FOR REMODELING. I HAVE READ, UNDERSTAND, AND AGREE TO THE REQUIREMENTS SETFORTH THERIN. I HAVE PROVIDED PLANS AND DOCUMENTATION AND CONSTRUCTION DEPOSIT AS REQUIRED.
3. I UNDERSTAND AND BY SIGNATURE BELOW AGREE THAT I AS UNIT OWNER I AM SOLELY RESPONSIBLE FOR THE QUALITY AND PERFORMANCE OF ALL PRODUCTS AND SYSTEMS USED IN THE REMODEL OF MY UNIT.
4. I HAVE PROVIDED A COPY OF THE ABOVE MENTIONED RULES AND REGULATIONS TO MY CONTRACTOR (S).
CONTRACTOR’S LICENSE NUMBER: ____________________________________________
PERSON TO CONTACT: _______________________________________________________
CONTRACTOR’S PHONE NUMBER: _____________________________________________
INSURANCE COMPANY AND POLICY NO.________________________________________
CONTRACTOR’S SIGNATURE: _______________________________DATE: ____________
HOMEOWNER SIGNATURE: _________________________________________
UNIT NO.________________ DATE: _______________
YOU MUST RETURN THIS FORM TO THE BUILDING MANAGER BEFORE THE ASSOCIATION APPROVAL LETTER CAN BE ISSUED.
MANAGERS LETTER REGARDING INSURANCE
August 17, 2005July 29, 2005
SUBJECT: Certificates of Insurance
The Coronado Shores Condominium Association # 4 at 1770 Avenida Del Mundo, Coronado, CA 92118, requires that any outside person or firm providing or performing services in the building or on its lot must have in effect and must provide proof the following insurance coverage:
Statutory Workers Compensation and Employers Liability Insurance (including Occupational Disease Coverage).
Comprehensive Public Liability Insurance (including Broad Form Property Damage).
Products liability and Completed operations Coverage.
Automobile Liability and Property Damage.
Minimum Limits to be Provided:
California Workers Compensation Statutory ($1,000,000.00).
General Liability ($2,000,000.00).
Please contact your insurance carrier and have them provide us with a "Certificate of Insurance" that also includes the following information:
Carrier name and policy number.
Expiration date(s) on each policy.
Provision that names the "Coronado Shores Condominium Association # 4" as an "Additional Insured" with the stipulation that 10 days written notice be given upon cancellation or any material change in coverage for any of the above policies.
It is necessary that the Certificates of Insurance outlined in this letter be received prior to commencement of any work. Should you have any questions, please contact the Manager at (619) 437-1267.
Thank you for your cooperation.
Dennis L. Brokaw, Sr. AMS
Diagram of Balcony Requirements
1. Each sheet of the plans must be signed by the person responsible for their preparation. (California Business and Professions Code)
2. The job address must appear on each sheet of the plans.
3. Indicate on the plans the area(s) (cross-hatch / shading) and calculate the square footage(s) of the area(s) included in this project.
4. Provide a project description or a detailed scope of work for the project.
5. Provide documentation to verify ownership.
PLANS — GENERAL CONSTRUCTION
6. Indicate on the plans the required rating for the unit's fire partitions. (CBC Section 708.3)
7. Provide construction detail for fire partition assembly per CBC Chapter 7 —Table 720.1(2) or the US Gypsum Association Manual
8. Provide listed construction detail for non-rated interior partition walls (CBC Section 2210.4).
9. Provide framing/cross section detail of new ceiling construction.
10. Indicate, if any, alterations to existing fenestration (windows). Indicate if alterations are included in this permit request or will be addressed by a different contractor under a separate permit.
11. For new fenestration and fixed glass window panels:
Provide stamped and signed calculations and details, prepared by a licensed structural engineer, to document (1) attachment of glazing to sash and sash to structure, (2) size, type and thickness of glazing, and (3) to certify compliance with CBC Sections 2404 (Wind, Snow, Seismic and Dead Loads on Glass), 06 (Safety Glazing) and 1405-12-2 (Sill heights).
12. Add this note on Plans:
shall be dual-glazed and have a label with a certified U-factor
(0.79/operable and 0.71/fixed); a certified Solar Heat Gain Coefficient (SHGC)
(0.70/operable and 0.73/fixed); and an infiltration certification
(windows weather-stripped and all joints and penetrations caulked and sealed)."
13. BUILDINGS 1750 and 1820
A Provide construction detail for proposed floor/ceiling and fire partition wall assemblies showing compliance with required Impact Insulation Class (IIC) rating of 50 (45 if field tested) (CBC Section 1207.8). The flooring contractor must be a state licensed contractor with a City of Coronado business license and must provide the City with a certification that the floor assembly meets the required IIC rating.
B. Provide construction detail for proposed fire partition wall assemblies showing compliance with required Sound Transmission Class (STC) rate of 50 (45 if field tested).
PLANS — FIRE PROTECTION
14. Provide stamped and signed fire sprinkler alteration plans from a licensed fire sprinkler contractor.
15. Provide written notification from licensed fire sprinkler contractor listing any minor alterations to the existing sprinkler system.
16. Indicate locations of hard-wired smoke detectors (battery back-up required).(CBC 907.2.10.1 2)
17. Indicate locations of battery operated smoke detectors (CBC 907.2.10.1.2 and 907.2.10.5.2(a)(1)) (in excess of $1K valuation).
18. AP through penetrations, whether vertical or horizontal, into or through fire partitions, or through structural construction, must be protected by an approved firestop system (CBC Section 712).
Add this note to plans.
"Through penetrations shall be protected by an approved through-penetration firestop system installed and tested in accordance with ASTM E 814 or UL 1479, with a minimum positive pressure differential of 0.01 inch of water (2.49 Pa)."
PLANS — MECHANICAL
19. Indicate on plans if existing heat pump is to be re-used or replaced.
For new heat pumps — provide manufacturer's specs and
certify compliance to Table 4-3 (Minimum Heating Efficiency for Heat Pumps
Water Source Heat
21. If existing air/heat distribution plenums are to be removed or altered, indicate methodology for air/heat distribution. Provide construction details as required.
Add this note to plans:
All ducts and plenums shall be installed, sealed and insulated to meet the requirements of CMC Sections 601 thru 605 and Standard 6-5. Supply air, return air, and plenums shall be insulated to a minimum installed level of R-4.2. Openings shall be sealed with mastic, tape or other duct closure system that meets the applicable requirements of UL 181, UL 181A, or UL 181B, or aerosol sealant that meets the requirements of UL 723."
PLANS — ELECTRICAL
22. Indicate existing (E) electrical components to remain (switches/outlets).
23. Indicate new (N) electrical components (switches/outlets)
24. Indicate location of required 20 amp kitchen and bathroom GFCI circuits (CEC210.11(C)).
25. Indicate location of required 15 or 20 amp bedroom AFC! circuits (CEC 210.12 (B)).
26. Indicate location of unit's electrical sub-panel. Indicate required working space (30" wide x 36" deep CEC 110.26).
27. If proposed, indicate location of centralized lighting control panel for low-voltage components.
PLANS — PLUMBING
28. Indicate existing (E) plumbing components to remain.
29. Indicate new (N) plumbing components.
30. If new bathroom or powder room is added to unit provide piping isometric with calculations. Indicate new fixture load on existing drainage line (CPC Tables 7-3 and 7-5).
PLANS — ENERGY CONSERVATION
31. Complete and provide Mandatory Measures (Form MF-1R) on the plans to certify compliance with Title 24 Energy Code requirements (Subchapter 6, Section 149(b) (Alterations)).
To speed up the review process, note on this list (or a copy) where each correction item has been addressed, i.e., plan sheet, note or detail number, calculation page, etc.
Please indicate here if any changes have been made to the plans that are not a result of corrections from this list. If there are other changes, please briefly describe then and where they are located in the plans.
• Have changes been made not resulting from this list?
If you have any questions regarding the Building plan review items, please contact David Schmidt at the City of Coronado Building Department.
Window Push out Amendment to Governing documents
DOC # 2006-0483882
JUL 10, 2006 12:40 PM
S,c..N DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNT\' RECORDER
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
Epsten Grinnell & Howell, APC
9980 Carroll Canyon Road, 2nd Floor San Diego, California 92131
(Above Space for Recorder's Use)
2006 AMENDMENT TO THE
AMENDED, RESTATED AND SUPERSEDING SUPPLEMENTAL DECLARATION
COVENANTS, CONDITIONS AND RESTRICTIONS ASTOLOT6
MAP NO. 6641
(A Condominium Development)
NOTICE (Gov't. Code §12956.1)
If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 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.
This document amends that certain" Amended, Restated and Superseding Supplemental Declaration of Covenants, Conditions and Restrictions As to Lot 6 - Coronado Shores - Map No. 6641" ("Declaration"), described below. This Amendment is made on the day and year set forth below, by Coronado Shores Condominium Association NO.4, a non-profit mutual benefit corporation ("Association"), with reference to the following
A. This document is recorded for the purpose of amending the Declaration that was recorded
in the Office of the County Recorder of San Diego, County, California on September 5,1997 as Document No. 1997-0430913 against the property (hereafter "Property") legally described as:
Lot 6, Coronado Shores, Map No. 6641 recorded May 1, 1970 as File No. 75985 in the Office of the County Recorder of San Diego County, California
B. Association is an "Association," as defined in Civil Code Section 1351(a), that was
established to manage that certain common interest development in the City of Coronado, California, commonly known as Coronado Shores Condominium Association NO.4.
C. As more fully set forth in the text ofthe amendments below, the Association and its Owners
wish to amend Sections 6.2, 6.6 and 12.6 of the Declaration to allow for window "push-outs" and to provide a procedure for granting other exclusive use of the Common Area to an individual Owner, if done in accordance with Civil Code Section 1363.07.
D. These amendments have been adopted under California Civil Code Section 1355 which
provides that an amendment is effective after (1) approval of the percentage of Owners required by the governing documents has been given, (2) that fact has been certified in a writing executed and acknowledged by the officer designated in the Declaration for such purpose, and (3) the writing has been recorded in the County in which the Property is located.
E. Section 16.1 of the Declaration provides that the President or Secretary of the Association
or other officer or director designated by the Board must certify that the amendment requirements have been satisfied, and the Board has designated the President and Secretary of the Association to execute this document along with the certification attached hereto as Exhibit A.
F. According to Section 16.1 of the Declaration, amendments must be approved by the
affirmative vote of at least 75% of all Members.
G. These amendments have also been adopted based on California Civil Code Section 1363.07
which provides that, unless an association's governing documents specify a different percentage, the affirmative vote of members owning at least sixty-seven percent of the separate interests in the association shall be required before the board of directors may grant exclusive use of any portion of the common area to any member. Since these amendments were approved by more than seventy-five percent of the Members, the Board has been empowered to grant window push-outs as provided in these amendments.
H. As more fully set forth in Exhibit A, the undersigned President and Secretary certify that
these amendments were properly adopted.
NOW THEREFORE, the Owners and Members hereby amend Sections 6.2, 6.6 and 12.6 of the Declaration to read as set forth below. Language in [bracketed italics} is for information only and is not part of the language of the amendment.
6.2 Members' Easements of Enjoyment. Every Member shall have a right and
nonexclusive easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass the title to every Condominium, subject to the following provisions:
a. guests of Members.
The right of the Association to limit the number of or to exclude
b. The right of the Association to establish uniform Rules and
Regulations pertaining to the use of the Common Areas and the recreational facilities thereon.
c. The right of the Association to charge reasonable admission and
other fees for the use of any recreational facility situated upon the Common Areas.
d. The right of the Association to suspend the voting rights and right
to use of the recreational facilities by a Member for any period during which any assessment remains unpaid and delinquent. (Also see Section 9.7 Collection of Assessments). For the purpose of this section only, assessments shall be delinquent if unpaid for a period of sixty (60) days. In addition, the Association may suspend a Member's right to use the recreational facilities for any infraction of this Declaration, the Bylaws, and/or the published Association Rules and Regulations by that Member, his / her lessees, or guests. Any action to suspend a Member's right shall be valid only after hearing by the Board, in accordance with the provisions of the By-laws and Section 7341 of the California Corporations Code. In any case of suspension or release of suspension of a Member, the Association shall notify the Management of the Landscape & Recreation facilities of this suspension or release of suspension.
e. The right of the Association, through the Board, to approve window
push-outs as more fully described in Section 6.6.
6.6 Additional Provisions Relating to Common Areas and Units. All Owners
and all future Owners of the Condominiums, by their acceptance of their respective deeds, covenant and agree as follows:
a. That the Common Areas shall remain undivided; and no Owner
shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project; provided however, this suspension of the right of partition shall in no event last beyond the period during which the right of partition may be suspended under Section 872.010 et seq. of the California Code of Civil Procedure, as amended from time to time or any successor statute.
-3- b. That if any portion of the Common Areas encroaches upon the
Units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If the Building is partially or totally destroyed, and then rebuilt, the Owners ofU nits agree that minor encroachments of parts of the Common Areas due to construction shall be permitted and that valid easements for said encroachment and the maintenance thereof shall exist.
c. That the Common Areas are and shall always be subject to
easements for minor encroachments thereon of the Unit and that a non-exclusive easement for ingress, egress and support through the unrestricted Common Areas is appurtenant to each Unit and the Common Areas are subject to such easements.
d. That the Association shall have the responsibility (subject to the
provisions of Article 7 hereof and except as expressly provided elsewhere in this Declaration) to manage and maintain all of the Common Areas, including without limitation, the exteriors of all buildings, and other improvements, if any, on the Project landscaping and the private driveways, and such maintenance shall be of a high quality so as to keep the entire Project in a first class condition and in a good state of repairs; provided; however, that each Owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit, subject to the Rules and Regulations adopted by the Board. In addition, each Owner shall be responsible for the maintenance and repair of the sliding doors and windows and floor covering on the adjoining Balcony (Restricted Common Area). This responsibility shall include maintenance and repair of all related window and sliding door hardware including but not limited to, rollers and locks. If there is any dispute concerning the responsibility for maintenance, repair or replacement of any component, the Maintenance Responsibilities, as set forth in the Attachment at the end of this Declaration, shall control.
To provide for the safety of all persons on the property, uniformity of Building appearance, quality of workman ship, and proper licensing and insurance of contractors, the Association shall approve or contract for the maintenance, repair or replacement of any windows and frames on the exterior of the Building, as needed. The cost of any such work, including the cost of any window "push-out" approved under subsection (g), shall be a Special Individual Reimbursement Assessment chargeable to the Owner of the Unit adjacent to such windows, as described more fully in Section 9.4 hereof.
e. That the Association Board of Directors shall have the authority to
employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association.
f. That the Association's agents and employees shall have the right,
after reasonable notice to the Owner, to enter into any Unit or upon any portion of the Common Areas at reasonable hours, or without notice in case of an emergency, in connection with performing the maintenance and construction for which the Association is responsible.
g. That, upon application to the Board of Directors, as provided in
Section 12.6(a), and written approval by the Board, an Owner may be authorized to move
the exterior windows in the Owner's Unit from where they were located when originally installed by the developer out to the limits permissible under applicable building codes. When so approved by the Board, the Owner shall be deemed to have the exclusive use of any Common Area space in the window opening that ends up on the inside of the window surface but formerly lay outside the original location of the window. The Association shall receive no monetary compensation for the rights granted to an Owner under this subparagraph (g), but the Association may charge whatever fees it normally charges, if any, for processing applications for Unit remodeling under Section 12.6. The windows must be installed in accordance with any applicable building codes and any other requirements of the Association. The Owner shall be responsible for all costs of moving the windows, for all waterproofing and sealing of the windows, for all future costs of maintenance, repair and replacement of the windows and for insuring the windows to the extent not insured under the Association's master property and casualty policy. The Owner shall also be responsible for maintenance and painting or other decorating of the Common Area surfaces inside the new location of the window. Once this subparagraph (g) has been approved by the Members, and the amendment is recorded, it shall be deemed to satisfy the requirements of Civil Code Section 1363.07. Thereafter the Board may grant approval of window "pushouts" to any Owner without the need for seeking additional votes of the Members
h. That the Board of Directors shall be empowered to grant an
exclusive use of a portion of the Common Area to an Owner, other than for window pushouts, so long as the Board first obtains the affirmative vote of the members to the extent required by Civil Code Section 1363.07 and complies with any other applicable requirements in Civil Code Section 1363.07.
12.6 Unit Remodeling.
a. In General: Any remodeling may involve changes to the original
electrical, plumbing and structure; therefore all plans and specifications (without exception) shall be subject to a review by the Building Manager and Board of Directors for approval or disapproval before proceeding.
b. Window and Balcony Architectural Modifications: No
modification will be permitted to the window frames or Balcony railings which will materially affect the exterior appearance of the Building; provided, however, that the Board may authorize window "push-outs" after an Owner applies to and obtains written approval from the Board as provided in Section 6.6 of the Declaration.
[The remainder of this Section 12.6 is not shown, but will remain unchanged.}
This completes the text of the amendments. It is intended that the terms of these amendments shall control to the extent any other provisions of the Declaration may conflict with them. If there is any error or omission in these amendments that is discovered after that date it is recorded, the Association, through the Board, reserves the right to record a document to correct any such error. Except as expressly modified by these amendments, all remaining provisions of the Declaration not shown above, shall remain in full force and effect. These amendments shall take effect immediately upon recording.
IN WITNESS WHEREOF, the undersigned has executed this Amendment to the Declaration on
July 10, 2006 at Coronado, California.
Coronado Shores Condominium Association No.4, a California nonprofit mutual benefit corporation
By: F. Edward Lake, President
By: Phyllis K. Maas, Secretary
State of California )
County of San Diego )
On July 10, 2006 before me, Georgia L. Welsh, a Notary Public, personally appeared Finley Edward Lake and Phyllis Kiamy Maas.
( ) personally known to me -OR-
(X) proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)d4are subscribed to the within instrument and acknowledged to me that ~/they executed the same in ~/their authorized capacity(ies), and that by ~/their signature( s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
CERTIFICATION OF PRESIDENT AND SECRETARY AS TO APPROVAL OF AMENDMENT
We, F. Edward Lake and Phyllis K. Maas, declare and state as follows:
1. We certify that we are the President and Secretary, respectively, of Coronado Shores Condominium Association NO.4, a California nonprofit mutual benefit corporation (hereafter "Association").
2. This certification is executed, according to the provisions contained in California Civil Code Section 1355, to certify that the amendment requirements of the Declaration have been met.
3. We certify that that there is a total of one hundred fifty (150) Members, one (1) for each condominium unit in the Association.
4. We certify that, based on the facts recited in Paragraph 3 above and according to Section 16.1 of the Declaration, amendments must be approved by the affirmative vote of at least 75% of all Members. Thus, at least one hundred thirteen (113) affirmative votes are needed to amend the Declaration.
certify that, on June 30, 2006, election inspectors Sally Eisen, Arlene
Barnes and Dennis L. Brokaw tallied the votes, and the following are the
results of the votes cast by the Members.
These totals reflect approval by at least one hundred thirteen (113) affirmative votes of the Members, thus we certify that the amendments were approved.
On behalf of the Association, we declare under penalty of perjury under the laws of the State of California that the foregoing facts are true and correct. Executed on July 10, 2006 at Coronado, California