SmartLinks.org
Return to SmartLinks.org Index
(Reference, Resources, News, Information-based web sites - Free and family-friendly favorite = Favorite
Legal Resources   Scales
Federal Courts | State Courts | California Courts & Resources | Rules of Court
Small Claims | Law Library References | Bar Associations
California Code & Searches | Worldwide Law | General Searches & Indexes
e-Discovery Software | General Law (Categorized) | Bankruptcy | Computer & Internet Law
Divorce | DUI | Dumb Laws | Expert Guide | Estate Planning | Forms | Funds
Homeowners Associations | Kentfield Commons Homeowner's Association
Investigative Resources | Public Records/Address Locators
Labor and Employment Law | Law Enforcement | Law Schools & Libraries | Lawyer Locator
Lemon Law | Patents, Copyrights, & Trademarks | Pro Se References
Real Estate | Securities | Taxes | Traffic School

Federal Courts & Resources: State Courts:
California Courts & Resources:
San Mateo/Santa Clara Superior Court
Rules of Court
Jury Instructions Small Claims
California State/County Searches Law Library References (County) Bar Associations
California Code & Searches:

Codes and Statutes

Search Opinions
Forms
News, Information
Blogs Corporation Code
Citations
CEB
Appellate Worldwide Law General Searches & Indexes - All Courts e-Discovery Software
Parliamentary Procedure
Law Reviews: Municipal Codes:

General Law: (Alphabetical List of Additional Legal Resources)

Bankruptcy Computer & Internet Law Divorce
DUI

Dumb Laws

Estate Planning: Expert Guide
Forms
Funds (Political Contributions & Resources)
Homeowners Associations: Kentfield Commons Homeowner's Association         Laws Applicable to Tree Ownership and Maintenance - California Homeowners Associations

Kentfield Commons CC&R's


From page 13 of Kentfield Commons CC&R’s - "...the Board shall have the following authority, duties and
powers to be exercised for the benefit of the Lots and Owners:"

(n) To landscape and maintain the gardens on the numbered Lots
and the area between the back of the sidewalk and the right-of-way in
public streets along Kentfield Road and Horgan Avenue within the
boundaries of the development. The Association's landscape and
maintenance obligation shall extend only to the care of the open areas
of the numbered  lots. It shall include cultivating, weed control, cutting,
edging, watering, fertilizing and pruning of lawns, trees and shrubs. Such
maintenance is to be performed to no less standard than utilized by the
City of Redwood City for its parks, buildings and streets. All
maintenance and landscaping within enclosed patio or yard areas shall
be the obligation and  expenses of the Lot Owner.



Paragraph 9. Authority of the Board - Kentfield Commons CC&R’s, pages 14 and 15
(w) Unless two-thirds (2/3) of the first mortgagees (based upon
one vote for each first mortgage owned) or Owners (other than the
Declarant) have given their prior written approval, the Association shall
not be entitled to:  
(3) By act or omission change, waive or abandon any scheme of
regulations, or enforcement thereof, pertaining to the architectural
design or the exterior appearance of Residences, the maintenance of
common property party walls, or the upkeep of lawns and plantings in
the development;

32. Amendment. -
Page 42 of Kentfield Commons CC&R’s
"...these Restrictions may be amended only by the vote or written
 consent of seventy-five percent (75%) of the voting power."

CIVIL CODE SECTION 1364. MAINTENANCE, REPAIR AND REPLACEMENT OBLIGATIONS; TERMITE AND PEST CONTROL RESPONSIBILITIES; NOTICE OF REPAIR REQUIREMENTS; TELEPHONE WIRING AND ACCESS.
(a) Unless the CC&Rs provide otherwise, the association is responsible for repairs, necessary replacements and maintenance of the common areas in a CID, other than "exclusive use common areas", and the owner is responsible for maintaining his or her separate interest and "exclusive use common area".
(Empjhasis added.)
(b) (1) In a community apartment project, condominium project or stock cooperative (as earlier defined by Section 1351), the association is responsible to repair and maintain the common areas damaged, destroyed or infested by wood-destroying pests or organisms (to the extent repairs are required) unless the declaration (CC&Rs) has different requirements.
(2) In a planned development, each owner is responsible to maintain his or her separate interest (usually the entire area constituting a "lot") as damaged, destroyed or infested by wood-destroying pests or organisms unless the declaration (CC&Rs) has different requirements. This obligation could be shifted to the association upon approval of a majority of members of the association, and the association would then be entitled to specially assess for the costs of repair, replacement and maintenance under this subsection.

"Last but not least are the association rules that were adopted pursuant to authority in the governing documents (which is required). These carry weight but not as much as the CC&Rs and other documents mentioned. The arguments over rules tend to arise because of differences of opinion about whether (1) clear authority exists, (2) the board exceeded its authority in adopting the rule, (3) proper rules adoption procedures were followed, and/or (4) whether the board can add detail and rules that "go further" than what the documents say exactly." (Empjhasis added.)

Investigative Resources Also See: People Search and Public Information Search Engines - (Address Locators) SmartLinks.org
Labor and Employment Law
Law Enforcement/Crime Reports
Law Schools & Libraries
Lawyer Locator
Lemon Law Patents, Copyrights, & Trademarks Pro Se References - Self Representation
The Privacy Act
Real Estate
Securities
Taxes - Primary links at: Accounting/Tax
Traffic Tickets & Schools

Links are provided as a courtesy. Not responsible for content but selected for quality.
HomeSmartLinks.org Index 
Copyright ©1996-2012, SmartLinks.org, All rights reserved.