The Ranch Club Palm Estates Homeowners Association

Rules and Regulations

May 2007 *

* Reformatted February 2011, Amended November 2011, Amended November 2013, Amended March 2014, Amended May 2015, Amended August 2016

IF 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.

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Ranch Club Palm Estates Rules & Regulations Approved by the Board and Membership

When you purchased your property at the Ranch Club Palm Estates, you became a member of the Homeowner’s Association.

The Covenants, Conditions and Restrictions (CC&R’s) and By- Laws provide the legal framework for condominium living. These outline your rights and responsibilities.

The Rules and Regulations help to minimize the expenses of maintaining the complex, reduce the liabilities we may incur, and insure that neat and orderly appearance, to enhance the resale value of the property for all.

Homeowners must be familiar with all Rules & Regulations as stated in the Covenants, Conditions and Restrictions (CC&R’s) and the By-Laws of the association and are responsible to see that their tenants and guests are fully aware of these rules and regulations. Homeowners are responsible with providing all tenants and guests with copies of these Rules and Regulations. Noncompliance of these Rules and Regulations may result in a loss of privileges and or fines levied on the Homeowner.

The Ranch Club provides you with a truly fun and carefree way of life. Please follow these Rules and Regulations for the Benefit and protection of all.

Emergencies should be reported to the Palm Springs Police Department at (760) 323 8111, the Palm Springs Fire Department (760) 323-1441 or in an extreme emergencies dial 911.

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CONDUCT CODE

  1. Improper conduct, obscenities, verbal or physical threats by Owners, tenants, family and/or guests will not be tolerated. Actions by any person of any nature, particularly in the Common Area which may be dangerous, create a health or safety hazard, create a hostile environment, or disturb others are not permitted. This includes noise, intoxication, use of illegal substances, quarreling, threatening, fighting, offensive or abusive language or behavior.
  2. Owners are responsible for the conduct of their residents, guests, family, and/or renters, and all service personnel, vendors, contractors, and any other invitees.
  3. All Owners, their residents, tenants, family and/or Guests are presumed to conduct themselves as ladies and gentlemen, with due consideration for each other and towards any members of the Association, the Board of Directors, their respective committee members, any employees of the Association, members of the Association’s management company, if any, as well as employees of Association vendors (hereinafter “staff”). The Board of Directors has the power to discipline any person for any conduct which in its opinion tends to endanger the welfare, interest or character of the Association, as well as for violations of any of the Association’s rules and regulations.
  4. Should persons causing or participating in inappropriate behavior refuse to cease their activities and leave the premises promptly when so directed, the person in charge of the facility at the time, i.e., Board Member or duly Board-authorized representative, shall seek the assistance of the local law enforcement agency to maintain order. A copy of the official law enforcement report of the incident should be obtained and delivered to the Association as soon as possible.
  5. The Association considers a violation of any of the foregoing rules a serious violation which will subject the violating

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Member to immediate disciplinary action. Said disciplinary action shall include possible imposition of a monetary penalty, suspension of the Owner’s voting and/or suspension of the Owner’s privileges for use of the common area and recreational facilities.

  1. No person shall damage or destroy the Association’s common area property. The Owner of each Unit shall be liable to the Association for all damage to the common area or to any improvements thereon or thereto, caused by Owner, Owner’s family, tenants, guests or invitees. After due process, the Board may levy an Enforcement Assessment against an Owner and/or Unit to reimburse the Association for costs incurred in repairing any damage to the common area for which the Owner was found responsible. Said Special Enforcement Assessment shall be collected in the same manner as regular and special assessments and may be liened and foreclosed.
  2. Children. Parents are responsible for and must control their children with due regard to the wishes and comfort of other residents. Children under the age of 16 shall not be permitted to use the pool or game areas without the supervision of an adult 18 years of age or older.

    PREMISES AND COMMON AREAS

  1. Loud, boisterous, or offensive conduct, loud, vulgar, or profane language, and loud television/radio/stereo playing that disturbs other residents is prohibited within residences and all common areas which include the pool and spa areas.
  2. Theuseofrollerblades,skates,skateboards,scooters,orbicycles is not allowed within The Ranch Club property, which includes the Tennis Courts and/or Pool Areas. Users must walk or carry all such items to the outside public sidewalks and streets for use. No toys of any kind may be used outside of a unit in such a way as to create a safety hazard or disturb the peace of other residents.

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Only toys, which are expressly designed for use in a swimming pool, may be used in the pool areas. No toys may be left or stored outside of a unit. This includes the front entry or patio areas.

  1. Bicycles shall not be left on balconies, sidewalks, walkways or parking areas. A bike room is provided for storage of bicycles. All residents use this facility at their own risk.
  2. Gates were installed for the security and safety of all and must be kept closed and locked. Do not prop any gates open.
  3. Commercial store shopping carts may not be stored or left anywhere on the Ranch Club property. They must be promptly returned to the store from which they were taken. Personal shopping carts must be stored inside of your unit.
  4. Only two dogs or cats shall be permitted at the Ranch Club in any unit. All animals regardless of whether they reside permanently at the Ranch Club or are temporarily visiting must be kept inside of your unit and not on the unit patio or balcony. Pets cannot be kept in ANY of the common areas of the Ranch Club and specifically not in the pool or spa areas. All pets inside of the Ranch Club property must be on a leash and accompanied by a responsible person capable of controlling the pet. All pets are required to be exercised, defecate and urinate outside of the Ranch Club common areas (the gated area). You are responsible at all times for cleaning up after your pet. Any pet which injures, or threatens to injure, any person within the Ranch Club property, or who creates an unreasonable noise disturbance, may be subject to permanent removal from the Ranch Club in accordance with the Associations’ governing documents and California law. Do not leave unattended food or water outside on your patio or in any common area for any reason. The unattended food and water draws strays and rodents into the complex.
  5. No planting is permitted in any common areas without prior permission of the Board of Directors.
  6. We encourage each property owner to use restraint and good taste in the use of pots, plants, hangings and other decorating

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elements on patios and balconies to maintain an uncluttered appearance. Patios and Balconies cannot be used for storage at any time. Storage shelves or containers are not allowed.

9. All window treatments must be kept neat in appearance. Only professional treatments are allowed. Aluminum foil, blankets, broken blinds or failed treatment’s are prohibited at all times.

10.Furniture and equipment may not be removed from the pools, clubhouse or any common areas.

11.The pool barbecues are provided for the convenience of all. Each person is responsible for cleaning the barbecue when finished with its use. Equipment for cleaning is near the barbecue. Please make sure that both upper and lower gas jets are turned off when not in use.

12.Yard or garage sales are prohibited on Ranch Club property unless prior permission is requested and granted by the Board.

13.Moving of any object onto the second floor walkways and up the steps shall be done in a manner that prevents damage to the finished surfaces. Any damage caused to the steps or walkway will be fixed and charged to the homeowner.

14.Air Conditioner Maintenance or Replacement: the Board of Directors must approve any roof access for repair, maintenance or replacement done on air conditioners prior to starting any work. Any A/C or Heater replacement work requires a Ranch Club replacement form which must be completed prior to any work being completed. The forms are available from any board member. Any damage or incomplete work to the roof or work area done by a contractor will then become the responsibility of the owner who hired the contractor. At no time are ladders allowed on any of the tile portions of the roofs. All Contractors are required to place their ladders on the sides of the buildings.

15.Prohibition of Leafleting: Members and residents are prohibited from posting, attaching, or otherwise affixing or depositing leaflets, flyers, brochures, posters, letters, notes, memos, postcards, or other written communications of any kind or nature, regardless of its purpose or content anywhere within

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or on the premises of the Ranch Club property. This is including but not limited to the mailboxes or any part of a members unit, the parking lot, pool area or any common area within the Ranch Club. The common area bulletin board is restricted to use by the association for communications of association related business only. Members wishing to mail written information to other members may make a written request to the Board for access to the community membership list with a showing of the purpose for which the list is being requested. The request must be reasonably related to the member’s interests as a member of the Association.

16.Grills and Barbeques: Under No conditions are any charcoal or wood burning grills or barbeques allowed on any patios or balconies. Only Gas Grills are allowed.

17.Parties: Association parties are announced and take priority over any gatherings. Private parties can be held at the Club House or pool areas with prior permission from the board. A certificate of insurance naming the Ranch Club as additional insured is required for any gathering.

INDIVIDUAL UNITS

1. Each Unit is to be used as a private residence only.
2. PATIOS AND BALCONIES: Patios and Balconies shall be kept at all times in a neat, clean and uncluttered condition. Patios and balconies are not to be cluttered with excessive numbers of such miscellaneous items as statuary, artificial plants, and or flowers, bird feeders, wind chimes, wind-socks, pots, novelty wall items, lights, umbrellas, and other such items. At no time is clothing, laundry or towels to be kept on patios or balconies as such items are unsightly and detract from the overall appearance of the Ranch Club. Patios and balconies are not intended to be storage areas and as such, large furniture or items other than patio furniture should not be stored on the patios or balconies. Patio furniture and pads

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must be a coordinated set and maintained in good condition. The Board and/or Architectural Committee shall have the discretion to determine if a patio or balcony violates this section and will have the ability to enforce the rule pursuant to the Associations’ enforcement procedure and governing documents.

  1. Hedges – Any hedges planted on the inside of the downstairs patios are the responsibility of the homeowner. Hedges must be kept trimmed at either wall height, one foot or a two foot height. No additional variances will be accepted.
  2. No additional lighting or any other form of electrical appliance may be connected to the association’s meters. Tapping into common area electricity is illegal and not permitted for any reason.
  3. SIGNS: Subject to the provisions of California Civil code SS 712 and 713, no sign, poster, display, billboard, other advertising device, flag, pennant or banner may be displayed on any portion of the Ranch Club property or on any public street abutting or visible from the property, without written approval from the Board of Directors, or as otherwise permitted by statute. Signs may be placed ONLY on the front window of the Unit. Real Estate Signs Permitted: A. One permanent “FOR SALE” or “FOR LEASE” sign is permitted in the front window of your unit. Only professionally manufactured signs are permitted. The size of the permanent sign shall be TWO (2) square feet (such as 1’X2’) maximum. B. One temporary “OPEN HOUSE” sign is permitted, but only when persons are on the premises to conduct and Open House. The Open House sign may be posted in the front window, on the front door, or in the front entry area of a unit, and must be removed by 8:00 PM. The sign shall be 9 inches X 2 Feet maximum. C. One “security” sign per unit may be placed at the unit entrance.
  4. Outdoor antennas may not be installed without the Board’s advance written approval.

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  1. Satellite dishes may not be installed without the Board’s advanced written approval.
  2. The association will only be responsible for slab water line leaks under the following conditions. First, the homeowner must show proof of insurance. Second, the homeowner or plumber must clearly identify the water line leak with video or pictures prior to doing any work on the water line. If the homeowner cannot show insurance or not clearly identify the water line leak prior to any work being done by video or pictures the homeowner will be 100% responsible for the leak.

PARKING AND STORAGE UNITS IN PARKING AREA

  1. Each unit is assigned a parking space. No one shall use the parking space of another without written permission. Do not assume that because a space is empty you may use it. Your car can be towed without notice at your expense.
  2. Guest Parking, with a 72-hour limit, is provided outside of the covered parking spaces. These spaces have a 4-hour time limit for service personnel. At no time should homeowners or renters use the unoccupied guest parking areas. Your car can be towed without notice at your expense for using these

areas. .

  1. RV’s, boats, trailers, campers, or any oversized vehicles that don’t fit in the assigned parking stalls are not permitted to park anywhere overnight within the Ranch Club property.
  2. Units with two or more vehicles, including motorcycles, shall park the additional vehicle on the street. The additional unit parked within the Ranch Club property can be towed without notice at the owner’s expense.
  3. Vehicles improperly parked may be towed at the owner’s expense. Only one motorized vehicle may be parked in a parking space. This includes a motorcycle.
  4. Residentsmaynotpost“NoParking”oranyothersignsinany parking area.

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  1. Emergency vehicle lanes have curbs clearly marked in red. Do not park, or leave your car unattended in these No Parking Areas. They can be towed without notice at your expense.
  2. Except for emergency tire repair or recharging of a dead battery, vehicle maintenance of any kind is strictly prohibited within the perimeter of the Ranch Club property.
  3. One Storage unit is provided for each designated parking space. The parking space itself shall not be used for storage OF ANY KIND. Any Items stored in the parking, including the area in front of your car, will be removed and disposed of without notice. The storage space of another homeowner may not be used without the written permission of the homeowner prior to use. Any articles stored in another homeowners unit will be removed and disposed without notice. All Storage units are to be locked at all times. Any unlocked units will be locked by the Board and the Homeowner will be charged. This is due to Fire and Insurance Regulations.

    TRASH DISPOSAL/RECYCLING

  1. Trash is to be placed in bags and securely tied. Cartons are to be collapsed and bundled. This is for the convenience of all of your neighbors. No trash is to be left by the front door or on your patio for any reason or for any length of time.
  2. Recycle bins are clearly marked. Please recycle whenever possible.
  3. Only newspapers (no magazines) are allowed in the recycle bins.
  4. Trash receptacles are intended for ordinary daily refuse and are not to be used for the disposal of furniture, chemicals, paint, motor oil, pesticides, remodeling or any other construction trash or house hold goods. Any items left at the receptacles that need to be removed by the board will be charged to the homeowner.

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ARCHITECTURAL CHANGES

No person shall erect, change or disfigure the buildings in any way. Exterior alterations or additions and modifications of any kind require written approval from the Board of Directors. This includes any work on the upstairs unit’s vaulted ceilings. Any work performed on these ceilings that cause problems will become the responsibility of the owner.

POOLS AND SPAS

  1. Hours of operation for both the pools and spas are 7AM to 10 PM. Appropriate pool behavior is required at all times. There is to be no running, jumping, pushing or diving from the sides of the pools. Anyone under the age of 16 must be accompanied by an adult 18 years or older.
  2. Rafts and other pool “toys” should be taken back to your unit and not left in the pool or spa areas. Any items left in the pool or spa areas will be disposed of.
  3. Appropriate swimwear must be worn at all times. Anyone wearing diapers MUST wear swim pants.
  4. Pets of any kind are not allowed in the pool or spa areas at any time for any reason. This includes walking any pet from one side of the complex to the other.
  5. Only plastic or aluminum containers are allowed in the pool or spa areas. Bottles or glassware is not permitted in the pool or spa areas at any time.
  6. Do not “reserve” pool furniture by leaving belongings behind when you leave the pool area.
  7. Undernocircumstancesshouldanyoneattempttotamperwith the pool or spa thermostats or equipment. The pool and spa equipment are on timers, which are locked and shut off at the appropriate hour. Report any problems to the Board. Pool maintenance personnel, as directed by the Board, are the only people allowed to maintain the pool equipment.

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GYM AND SAUNAS

  1. Food, bottles, or glassware are not permitted in the gym or sauna at any time.
  2. Smoking is not permitted in the gym or sauna at any time.
  3. All lights should be turned off and all doors locked when you

    leave.

  4. Anyone under the age of 16 must be accompanied by an adult

    18 years or older.

    TENNIS COURTS

  1. Tennis court hours are 7AM to 10PM.
  2. Proper tennis attire will be worn. Non-scuffing or marking

    tennis shoes are required at all times.

  3. Glassware, food or bottles are not allowed on the courts.
  4. Tennis courts are for Tennis only. No other games or toys are

    to be on the court for any reason. Any damage caused by

    unauthorized use will be the responsibility of the owner.

  5. All gates should be locked and lights turned off at the end of

    your game.

  6. Anyone under the age of 16 must be accompanied by an adult

    18 years or older.

    LAUNDRY ROOMS

  1. Hours are from 7AM until 10 PM.
  2. Please time your laundry and remove items from the washers

    and dryers promptly.

  3. Clean machines and close doors when they are finished with

    their cycles.

  4. Clean dryer lint filters thoroughly at the end of each drying

    cycle.

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  1. Turn off lights, air conditioning/heating units and lock all doors when leaving the laundry rooms.
  2. No smoking is allowed in the laundry areas.
  3. All residents use these facilities at their own risk.

Washers/Dryers of any type are not permitted within individual units at the Ranch Club. If an individual has a unit installed against this policy and damage is caused to surrounding units or to the plumbing of the building the owner of the individual unit will be responsible for all damage caused by the illegal installation.

CLUBHOUSE

  1. All doors should be locked and all lights and air conditioning/heating units should be turned off upon leaving.
  2. The clubhouse may be reserved for private parties to be given by a private homeowner or by the social committee of the association.
  3. Private parties require advance notice and approval by the Board. There will be a refundable deposit of $200.00 required. The total amount will be refunded if the rooms are left clean and in good order. It is the responsibility of the person(s) giving the party to arrange all cleanup and removal of trash. A minimum charge of $25.00 per hour will be assessed if the Board requires cleanup.
  4. Ranch Club maintenance people are NOT responsible for cleanup after private parties unless arranged in advance. Food or drinks should not be left in the refrigerator or anywhere in the kitchen or pantry.

    LEASE OR RENTAL OF UNITS

1. No Unit may be advertised and/or leased for a period of less than fifteen (15) consecutive days (hereafter “Minimum Rental Period”). For purposes of this rule, advertising shall

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include, but not be limited to, offerings in any magazine, newspaper, internet, website, email, flyer, radio ad and/or any other form of offering. In accordance with Civil Code Section 4740, nothing contained in the Association’s governing documents shall be construed to “prohibit the rental or leasing” of any Unit but, rather, merely requires such rental or leasing comply with the Minimum Rental Period defined herein.

  1. All lease/rental agreements for any Unit shall contain a provision binding the tenant(s) to the terms and conditions contained in the Association’s Governing Documents, including without limitation these Rules, and any amendments thereto, and shall provide that failure to comply with the requirements of the Governing Documents shall constitute a default under the lease which may be cured by eviction of the tenant either by the Owner or the Association.
  2. At least seven (7) days in advance of the move-in date, Owners shall be required to:
    1. Notify the Board of Directors of the intent to lease the Unit, including length of the lease, names of the occupants of the rented/leased Unit, relationship to one another, number of occupants, and automobile information including vehicle registration;
    2. Provide each tenant a copy of the Governing Documents; and
    3. Notify the Association of the address and telephone number where such Owner can be reached.
  3. All Owners shall provide the Association with a copy of the lease signed by both parties no later than two (2) days prior to the move-in date.

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5.The units are restricted to residential use. All leases must be for the entire Unit and not merely parts thereof, unless the Owner remains in occupancy. Each Owner shall be liable to the Association for any damage to the Common Area or to Association-owned property caused by tenant or tenant’s guests. Failure of any tenant to comply with these Rules may subject the Owner and/or tenant to disciplinary action.

RESPONSIBILITES OF HOMEOWNERS AND RECOURSE BY THE BOARD

  1. Homeowners are financially responsible for the violation of these Rules & Regulations by themselves, their tenants, or guests.
  2. Any damage done to the common area, furniture, clubhouse or any other appurtenances by the homeowner, tenants, or guests will be charge to the homeowner. If you have a tenant or guest, it will be your responsibility to collect from them. Please make sure anyone who is staying in your unit has a copy of the Governing Documents and understands them.
  3. In accordance with the By-Laws lack of compliance with the CC&R’s, By-Laws or our Rules & Regulations may result in a suspension of privileges and/or a fine levied against the homeowner.

4. Please take note. All payments are to be mailed to the Association Bookkeeper. No checks should be given to any Board member for any reason. Any checks not made out to The Ranch Club Palm Estates will be returned to the owner. If this happens, late charges may apply.

SATELLITE DISHES

A. The term “satellite dish” as used herein shall include all direct broadcast satellite dishes, wireless cable

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equipment and television or other aerial, antenna, dish, tower, or other transmitting structure.

B. UNIT – No satellite dish of any nature will be acceptable on the patios or balconies of a Unit unless the satellite dish has a diameter or diagonal measurement of 39.6 inches or less and wiring or cabling shall be installed so as to be minimally visible and blend into the material to which it is attached. Furthermore,

  1. To expedite siting the satellite dish and to assist the Association, Owner/Applicant shall submit an Informational Satellite Dish Siting Request Form (see Exhibit A) in accordance with the format attached hereto and made a part hereof by this reference (hereinafter, collectively, “Siting Form”). The Association’s designated representative shall work together with the Owner or his/her installer to jointly site the satellite dish as set forth below.
  2. Within five (5) business day of Association’s receipt of Siting Form to install a conforming satellite dish, Association and Owner / Applicant shall agree upon a date and time for the Association’s designated representative to assist Owner/Applicant in siting a location for the satellite dish which would be least obtrusive to the surrounding area and minimize any negative impact. The Association shall have the right to require the installation of the satellite dish in an obscure location of the Unit, as long as the quality of reception is not impacted and there is not an

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unreasonable increase in cost and/or delay of the installation.

C. COMMON AREA – No satellite dish of any nature will be acceptable on any Common Area unless: 1) the satellite dish has a diameter or diagonal
measurement of 36 inches or less, 2) the satellite dish is not visible from any street, adjacent Unit or Common Area, 3) cannot be installed on the Unit’s patios or balconies without significantly impacting quality of reception or impacting significantly the cost of installation, and 4) wiring or cabling shall be installed so as to be minimally visible and blend into the material to which it is attached. Furthermore:

  1. Locations where satellite dishes may be installed and not be visible from any street, Common Area, or adjacent Unit are restricted to specified locations on the roof portion of Owner’s Unit, as determined by the Association. The satellite dish must be mounted upon the roof area directly over the Owner’s Unit.
  2. Installation of the cable through the roof must be facilitated in accordance with standard building practices. Owner or Owner’s contractor shall ensure that the installation is water-tight and that the Association’s Common Area roof has not lost integrity. Installation shall be accomplished by a qualified person who is knowledgeable about the proper installation of satellite dishes and antennas and shall be made in accordance with applicable building, fire, electrical and related codes. A building permit shall be obtained, if required by the local jurisdiction.

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  1. Installation of the satellite dish shall not be deemed complete until its installation has been inspected and approved by Association’s roofing contractor, so that warranties remain intact, water intrusion, and/or other elements are prevented, and structural integrity is verified. Owner / Applicant shall pay an administrative fee determined by the Board of Directors from time to time to cover the cost of the inspection of the installation of the satellite dish.
  2. Approval must be obtained from the Association’s Board of Directors.
  3. Owner must submit an Architectural Request Form (see Exhibit B) and execute an Satellite Dish Improvement Agreement (see Exhibit B-1) which provides that the Owner / Applicant and the installer(s) of the satellite dish indemnify and hold Association and/or its members harmless from: (1) any maintenance, repair, or replacement of roofs or other building components where the satellite dish was installed, which Hold Harmless Agreement would continue for as long as the satellite dish was located on any building component for which the Association is obligated to maintain; and (2) any liability, loss or damage caused by the installation, maintenance or use of the satellite dish.

D. Owner/Applicant shall be responsible for the maintenance, repair and replacement of any satellite dish installation and shall be required to repaint, if for

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any reason the exterior surface of the antenna becomes worn or deteriorated.

SOLAR ENGERY SYSTEMS

1. Solar Panels: Solar panel installations shall consist of a Low Profile Photovoltaic Rack Mounted System (“PV Rack”) (hereinafter, collectively referred to as “Solar Installations”). Solar Installations must comply with the following requirements:

A. Application Process: Solar Installation systems proposed for installation on any portion(s) of the Owner’s Unit, inclusive of the Common Area (i.e., roof system) require submission of a completed Application, drawings and detailed plans and refundable deposit to the Architectural Committee (hereinafter, collectively referred to as the “Application”). The Architectural Committee shall review the Application and, if appropriate, provide written approval of the proposed Solar Installation. No work shall commence without written approval of the Solar Installation. The Application shall include the following:

i. Drawings and Plans: Solar Installation drawings and plans must include the product description and detailed specifications pertaining to the proposed location for the Solar Installation including: design, color of the solar panels and frames (frames may only be in black or bronze color, number of solar panels, the square footage of the roof area to be covered by the solar panels, location of the inverter(s) and all conduit / electrical lines, the location of any penetrations(s) of the existing roof system (“Existing Roof”), as well as an aerial depiction/ photograph of the Unit (such as those available via Google Maps). Contractor shall design and install the Solar Installation to provide at least three feet (3’) clearance between any portion of the Solar Installation and any skylight, solar tube and/or chimney.

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ii. Location of Solar Installation: Solar installations may be permitted on portions of the flat roof(s) not being utilized as mechanical staging areas (i.e. Air Conditioning, Satellite Dishes, etc.). Solar Installations must be within the roof area associated with and directly above the airspace of the Owner’s unit.

iii. Engineering: The Solar Installation must be engineered so that the structural integrity of the existing structure and Existing Roof are maintained. Existing trees and other obstructions that may interfere with the efficiency of the Solar Installations cannot be removed without the written approval of the Architectural Committee.

iv. Sizing of Solar Installations: The overall Solar Installation rating in DC and AC kilowatts shall be submitted with the Application along with the last twelve (12) months of electric bills. If an Owner is new, not a full-time resident and/or has other demonstrated need, they may submit other information to support the Application to satisfy this Section.

v. Technical Compliance: All proposed Solar Installations shall provide confirmation of compliance with all specifications of Southern California Edison and the North American Board of Certified Energy Practitioners. Any information required to be provided to Southern California Edison or the City of Palm Springs must also be provided to the Architectural Committee prior to the consideration of the Application.

vi. Licensed Contractor: Confirmation that the installer of the Solar Installation is a licensed contractor who agrees to indemnify the Association for any damage caused to Association Common Area(s) as a result of the construction/installation of the Solar Installation.

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vii. Installation/Maintenance Liability: Owner and any subsequent Owners shall accept full responsibility for construction/installation of the Solar Installation, as well as all

future maintenance and repair of the Solar Installation and the Existing Roof impacted by the Solar Installation (See Architectural Improvement Agreement Section below).

viii. Deposit: A refundable deposit is required as part of the Application.

ix. Pre-Construction Roof Inspection: Once approved in writing by the Architectural Committee, but prior to issuance of the Notice to Proceed, a licensed roofer (to be paid by the Owner) and the Association shall perform an inspection of all roofing components and comply with all of the foregoing:

(a) Determine the estimated usable life span

of the Existing Roof.

(b) Verify that the Existing Roof has an estimated usable life span to meet or exceed the manufacturer’s

warranty for the proposed Solar Installation.

(c) Verify that the Existing Roof is compatible with the intended Solar Installation.

(d) Submit an additional and/or revised proposal to the Owner(s) and the Architectural Committee if any additional roofing, waterproofing or fireproofing is required beyond

the scope of work submitted with the Application.

(e) Provide a written report and photographic record of the condition of the Existing Roof to comply with this

Section and submit it to the Architectural Committee. 21

x. Access to Roof: Contractor will be provided with a designated roof access area and walkway for Contractor’s use. Contractor agrees to only use these areas. All ladders are to be “tied-off” and secure while being used on jobsite. Contractor’s employees that may be working or acting in an unsafe manner will be asked to leave the jobsite immediately. Any failure to use the designated roof access area and walkway will result in the Association issuing a back charge to the contracting Owner for any damage/breakage of roof tiles.

xi. Warranty: Owner(s) shall obtain at least a ten (10) year roof warranty from the Solar Installation Contractor, with language similar to the following:

(a) If a defect in workmanship, inclusive of any labor and materials, is discovered within ten (10) years from the date of completion of the Solar Installation (“Warranty Period”),

Contractor warrants and agrees to:

(i) Remedy the found defective conditions and facilitate any and all necessary repairs/replacement all at no charge to the Owner(s) or the Association for the cost of any materials, supplies, labor and/or other costs to facilitate said

remedies.

(ii) Commence such remedies within three (3) business days after being notified of same and to complete

the repairs within a reasonable period of time thereafter.

xii. Architectural Improvement Agreement: Prior to construction/installation of the Solar Installation, Owner must execute an Architectural Improvement Agreement, which shall be recorded against the Unit to reflect the obligations of Owner(s) (as well as any and all subsequent Owner(s) of the subject Unit) relative to: construction, installation, repair and maintenance of the

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Solar Installation; assumption of liability; indemnification of the Association including but not limited to, the following:

(a) The construction, installation, removal, maintenance, and replacement of the Solar Installation shall be the sole responsibility of the Owner(s) and not the Association. Maintenance shall include, but not be limited to, bi-annual roof cleaning of those sections where the Solar Panels are installed, removal of tree material from and around the Solar Installation, prevention of rodent nesting and/or any other maintenance, repairs and cleaning. Aforementioned bi-annual roof cleaning shall be

conducted by a licensed roofer.

(b) The Association is not responsible for damage to the Solar Installation caused by a foreign object including, but not limited to tree limbs, wind, weather and/or any

cause whatsoever.

(c) Owner shall indemnify and hold the Association harmless from all claims, demands or liability arising out of or encountered in connection with the Solar Installation including, but not limited to claims, demands or liability for injuries occurring during construction/installation, as well as after

completion.

(d) Owner shall further indemnify and hold the Association and any other Owner(s) harmless from any and all liability related to any and all damage to existing improvements including, but not limited to, the roof system impacted by the Solar

Installation and any related water damage.

(e) To the extent the Association has to maintain, repair and/or replace any portion of the Existing Roof where the Solar Installation is located and/or in close proximity thereto, Owner shall be responsible to remove and reinstall the Solar

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Installation to facilitate such maintenance/repair/replacement to the Existing Roof, all at the Owner’s sole cost and expense. Similarly, if the Solar Installation causes the Association to incur any additional expenses relating to roof maintenance/repair/replacement, then such costs shall be reimbursed to the Association within thirty (30) days of the presentation of the invoice for same and, if not paid, the Association will charge such costs to the Owner’s Association account. In the event such fees are not paid, Owner(s) hereby agree(s) that such delinquent fees may be collected in the same manner and method as regular monthly assessments are collected, pursuant to the Association’s current collection policy.

(f) In the event of a complete removal of an existing Solar Installation, the Association shall obtain a roof inspection, at the Owner’s sole cost and expense. If the previous Solar Installation results in the Association incurring any additional expenses relating to roof maintenance/repair/replacement, then such costs shall be reimbursed to the Association within thirty (30) days of the presentation of the invoice for same and, if not paid, the Association will charge such costs to the Owner’s Association account. In the event such fees are not paid, Owner(s) hereby agree(s) that such delinquent fees may be collected in the same manner and method as regular monthly assessments are collected,

pursuant to the Association’s current collection policy.

B. General Specifications for Solar Installations:

i. Placement: All Solar Installations must be installed parallel to, and on the same plane as, the Existing Roof. Solar Installations may not extend beyond the vertical plane of the walls of the subject Unit. Solar Panels must follow the contour of the Existing Roof and the ridgelines to preserve the architectural symmetry of the Existing Roof. Allowance for blocking out existing attic and utility roof vents shall be considered when designing the

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Solar Installation to insure they are in compliance with State statutes and/or local building ordinances.

ii. Industry Specifications: Solar Installations must be installed in conformance with the manufacturers’ specifications and with all applicable electrical and building codes and standards. Additionally, Solar Installations must meet or exceed the specifications of Southern California Edison and the North American Board of Certified Energy Practitioners.

iii. PV Roof Mounting:

(a) Mounting System: Contractor shall install the Quick Mount PV® mounts (or equivalent) for all roof mounted hardware. The mounts shall be installed in accordance with the manufacturer’s specifications and meet or exceed the specifications and recommendations of the National Roofing Contractors Association and applicable building codes in

conjunction with solar energy and waterproofing.

(b) Racking System: Contractor shall install Professional Solar Products Roof TracTM mounting system (or equal) for the racking for all PV panels and shall be mounted at a height to facilitate placement of the PV Panels in close proximity to the Existing Roof system providing a “Low Profile” installation. Allowance for a slight air gap between the bottom of the PV Panel and Existing Roof system is authorized. The provided air gap should be of sufficient size to allow for unimpeded cooling airflow beneath the PV Panels. The racking system shall be installed in

accordance with all manufacturer specifications.

iv. PV Wiring Mounting: All wiring under the PV panels shall be secured to the racking and/or wire tied, only metal wire ties and clips are permitted for use.

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v. Color of Solar Installations: Subject to the foregoing requirements, all plumbing, conduits, piping, controls and/or other components of Solar Installations shall blend in with the color of the surface upon which it/they are attached. Solar Panels must be black or a color approved by the Architectural Committee and frames must be either black or bronze. Color samples shall be submitted with the Application to the Architectural Committee for approval.

vi. Bank of Batteries: Due to the risk of fire and/or explosion, storage of electricity from Solar Installations within Owner’s Unit and/or Exclusive Use Common Area in a bank of batteries is prohibited.

vii. Inverter Installation: The use of micro- inverters is required for all Solar Installations.

viii. Roof Mounted Hardware:

(a) All Solar Installation roof mounted hardware shall be waterproofed in compliance with the National Roofing Contractors Association specifications and recommendations.

(b) All roof-mounted hardware shall receive primary and secondary flashings.

(c) The primary flashings shall be set into plastic cement and mechanically fastened with two inches (2”) galvanized nails. An additional piece of 40# felt or equal shall be used to counter flash over the primary flashing.

(d) All secondary flashings shall be painted to match the existing roof tiles as closely as available.

ix. Plumbing Ventilation Codes: 26

(a) Plumbing vent pipes and stacks shall extend through its flashing and shall be terminated a minimum of six inches (6”) above the Existing Roof (in accordance with the 2010 California Plumbing Code 906.1).

(b) Plumbing vents in the proposed Solar Installation area are not to be covered by the Solar Installation. The Solar Installation shall be open at vent pipe locations or the vent pipe(s) must be relocated to obtain adequate ventilation.

x. Demolition and Clean Up: Solar Installation Contractor shall:

(a) Keep the job site clean throughout the course

of the project.
roof and the Community.

(b) Remove all project related debris from the

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