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1) Definitions
2) Articles of Incorporation
3) Association (could be comprised of owners and declarant, or declarant only until some
specified future event; could also define entity in charge of managing assessments and
controlling development in some way other than "Association")
4) Common Maintenance/Community Areas
a) Could include trails, access roads, community places, such as dog walk---subject to
assessments for repair and upkeep.
5) Reserve Area
a) Could include golf course, wastewater areas, etc., could provide exclusive/greater control
to declarant
b) Easement in reserve area could preserve access/obligations of lot owners to wastewater
area
6) Protected Areas
a) Could include non-golf course areas, like wetlands that need greater protection than
reserve area.
b) Alternatively, could define as Wetland Areas, with special preservation terms
c) Can include ecosystem protection standards, restrictions on use/access
7) Declarant (i.e. WeFore LLC, or other persons/entity)
8) Declaration (this document)
9) Lot (where houses go)
10) Owner
11) Person
12) Plat
13) Property (entire tract)
14) Restrictions
15) Residential use, home businesses
16) Dwelling restrictions
a) Architectural Control Committee
b) Size (square feet, footprint, height)
c) Materials
d) Energy efficiency
e) Screening of mechanical equipment, tv antennae, parking areas
t) Colors
g) Good condition, maintenance
h) Setbacks from lot lines
i) Time limit for construction
j) Temporary structures used during construction, and afterwards
k) Fencing
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Discovery Bay Golf Club PRRD
Covenants, Conditions & Restrictions
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1) Outbuildings
m) Lighting
n) Signs (business, for sale, political) - size, time, location restrictions
17) No mobile homes
18) Parking of trucks, trailers, RVs, boats; driveways (location, materials, size, etc.)
19) Landscaping standards
a) Native plants
b) Drought resistant
c) No tree cutting (greater than 4-6 inches) on lots without permission of (Association/Golf
Club/etc.)?
d) No pesticides, only approved herbicides
20) No nuisance to others, neighbors
21)No hunting, trapping, discharge of firearms, explosives, fireworks, fires
22) Restrictions on use of A TV s or motorized vehicles (golf carts, mopeds, motorcycles)
23) Animals (domestic pets only, limit on numbers, etc.)
24)No altering topographic conditions of Lots or natmal drainage of water
25) Garbage and refuse disposal
26) Underground utility lines and systems
27) Soil erosion and Slope stability
28) Environmentally Sensitive Areas
29) Wildlife Habitat Protection
30) The Association
31) Membership
32) Meetings - annual, special, etc.
33) Voting -
a) can be weighted between Declarant and/or Owners with different voting classes
b) Quorum
34) Administration - Purpose and control
a) The Board
b) Books and records
c) No personal liability for individuals exercising powers of the Association or Board;
Indemnity for claims against those individuals
d) Waiver of claims against Association
e) Rules and regulations
35) Assessments
36) Assessments
37) Types of Assessments
a) Capital
b) Special
c) Annual
d) Individual (for special expenses on an individual owner's behalf)
e) Emergency
38) Purposes
a) Maintenance of Common Areas
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b) Emergency repairs
c) Repairs/maintenance on individuallotslresidences if owner fails to do so
39) Obligation of Assessments; Lien
a) Lien on lot is created when assessments not paid
b) Assessments are also personal obligations
c) Late Charges, interest, attorneys fees
40) Enforcement of Lien and Collection of Assessments
41) Subordination of the Lien to Mortgages
42) Foreclosure
43) General Provisions
44) Restrictive Covenants to Run with Land
a) Run with the Land - can be for initial term with successive renewals (Le. 50 years, plus
1 0 increments), or indefinite
b) Jointly and Severally Enforceable
45) Easements
a) Describe easements for roads, ingress, egress, utilities
b) Damage to easement - responsibility of individual owners
c) Easements on walking/nature trails can be restricted to certain types of use (foot, bicycle,
golf cart, horse, etc.)
46) Owners to inform prospective purchaser of Declaration and insert notification into any deed,
contract, or lease
47) Dispute Resolution
48) Enforcement - Can be in control of Declarant, Association, and/or individual owners
49) Compliance with Declaration
50) Amendments
51 ) Waiver of Liability - can include a waiver of claims against declarant
52) Construction and Interpretation
53) Waiver
54) Conflict of Documents
55) Governing Provisions; effective date
56) Severability
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