Chico Oaks Website

Chico Oaks, A Planned Unit Development, est. 1976

(Recorded on 5-25-2000 in the Butte County Official Records by Candace J. Grubbs. This amendment replaced the old Section 8.1 and 8.2 of the CC&R's on that date. These changes have been added to the CC&R's on this website)

FIRST AMENDMENT TO AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CHICO OAKS HOMEOWNERS' ASSOCIATION, INCORPORATED

This First Amendment to Amended Declaration of Covenants, Conditions and Restrictions of Chico Oaks Homeowners' Association, Incorporated (the "First Amendment") is executed by Chico Oaks Homeowners' Association, Incorporated, a California nonprofit mutual benefit corporation (the "Association").

RECITALS

A. An instrument entitled Amended Declaration of Covenants, Conditions and Restrictions of Chico Oaks Homeowners' Association, Incorporated was recorded on October 18, 1995, as Instrument No. 95-036592 in the Official Records of Butte County, California (the "Declaration").

B. The Declaration encumbers all the real property within the planned development commonly known as Chico Oaks located in Butte County, California. Such real property is more particularly described as follows (the "Development"):

Lot A Phase I and Lots 1 through 31, inclusive, being a portion of Chico Oaks Subdivision, a Planned Unit Development, the map for which was recorded September 23, 1975 in Book 43 of Maps at Pages 79 and 80 in the office of the Butte County Recorder.

Lots 32 through 60, inclusive, and Lot A of Phase Two of Chico Oaks, a Planned Unit Development, the map for which was recorded on July 22, 1976 in Book 58 of Maps at Pages 1 and 2 in the office of the Butte County Recorder.

C. The Development is a "planned development" as that term is defined in California Civil Code Section 1351(k).

D. The Association is the owners association formed to own, manage and maintain the Common Area of the Development, to perform maintenance and repairs on limited portions of the individually-owned Lots, and to enforce the provisions of the Declaration, all in accordance with the provisions of the Declaration.

E. Section 11.1 of the Declaration provides that the Declaration may be amended by the affirmative vote or written consent of Members representing at least a majority of the total voting power bf the Association.

F. On April 18, 2000, the required number of Members approved the amendment to the Declaration as set forth below

NOW, THEREFORE, upon the recordation of this First Amendment in the Official Records of Butte County, California, the Declaration shall be amended with respect to all property comprising the Development, as follows:

1. Association Maintenance Responsibilities. Section 8.1 of the Declaration is amended and restated in its entirety to read as follows:

8.1   Association Responsibility.

(a) Maintenance of Common Area. Subject to Section 8.1(b) below, the Association shall Maintain, Repair, and Replace (i) the Common Area and all facilities, improvements, and landscaping thereon, including, without limitation, the swimming pool, parking areas, walks, landscaping, and utility facilities (except for those utility, facilities which are maintained by public or private utility companies or agencies), and (ii) all other real and/or personal property that may be acquired by the Association, keeping such property in good condition and repair. Except as specifically indicated in Section 8. l(b), the Association shall not be responsible for the Maintenance, Repair, or Replacement of any Exclusive Use Common Areas.

(b) Maintenance of Exclusive Use Common Area Carports. The Association shall have the following maintenance obligations with respect to the Exclusive Use Common Area carports:

(i) The Association shall Maintain, Repair, and Replace the carport roofs, pads, and walls except for the walls separating the carports from the Residence patios.

(ii) The Association shall paint the carports including the carport sides of the walls separating the carports from the Residence patios and the carport sides of the doors providing access to the carports from such patios, but excluding the Residence sides of such walls and doors.

(iii) The Association shall Maintain, Repair, and replace the light fixtures in the carports including the light bulbs·

(iv) Except as specifically provided in Section 8.1(b)(i) through Section 8.1(b)(iii), the Association shall have no other responsibility for the Maintenance, Repair, or Replacement of the Exclusive Use Common Area carports.

(c) Maintenance of Lots. The Association shall have the following maintenance obligations with respect to the Lots:

(i) The Association shall Maintain, Repair, and Replace the roof coverings on the Residences from the shingles down to, and including, the plywood or other surface to which the shingles are attached. The Association's responsibilities for roof coverings pursuant to this Section 8. l(c)(i) does not extend to patio shed roofs, the Association's responsibility for which is set forth in Section 8.1(c)(ii).

(ii) The Association shall Replace the roof coverings of the sheds located on the Residence patios of the Lots from the shingles down to, and including, the plywood or other surface to which the shingles are attached, when the Association Replaces the carport roofs of the carports assigned as Exclusive Use Common Area to such Lots provided that the Board, in its discretion, deems such Replacement necessary at the time such carport roof is Replaced. Except as stated in this Section 8. l(c)(ii), the Association shall have no responsibility for the Maintenance, Repair, and Replacement of such roofs, which shall be the responsibility of the Owner of the Lot. Notwithstanding the Association's Replacement responsibilities set forth above, the sheds should not be considered waterproof. Accordingly, the Association shall not be responsible for damage to property placed or stored in such sheds.

(iii) The Association shall Maintain, Repair, and Replace the gutters and downspouts on the Residences.

(iv) The Association shall paint, stain, Maintain, Repair, and Replace the exterior siding on the Residences. The term "exterior siding" shall exclude (1) the siding on the walls enclosing the Residence patios including, without limitation, the Residence siding within the patio areas from the base of such siding up to the flashing which is located at approximately the same height as the roofs of the storage sheds located on the patios, and (2) the siding on the storage sheds located on the patios.

(v) The Association shall paint, but shall not be otherwise responsible for the Maintenance, Repair, and Replacement of, the exterior portions of the front doors and front door frames of the Residences.

(vi) Except as specifically and expressly provided in Section 8.1(c)(i) through Section 8. l(c)(v), the Association shall have no responsibility for the upkeep, Maintenance, Repair, or Replacement of the Lots, or any improvements thereon including the Residences. Without limitation, the Association shall not be responsible for the structural portions of roofs or other structural components of Residences, screen doors, glass surfaces, window panes, window frames, screens, exterior lights, or any other improvements placed or erected on the Lots, including the Residence patios.

2. Owner Maintenance Responsibilities. Section 8.2 of the Declaration is amended and restated in its entirety to read as follows:

8.2 Owner Responsibility.

(a) Maintenance of Lots. Except to the extent that the Maintenance, Repair, or Replacement of the Lots, or the improvements thereon, is expressly and clearly made the responsibility of the Association pursuant to Section 8.1 above, each Owner shall be responsible for the cleaning, upkeep, Maintenance, Repair and Replacement of his or her Lot, and all improvements thereon, including without limitation the following:

(i) the structural portions of the Residence roofs;

(ii) the decks, patios, and all exterior lights;

(iii) the skylights, solar devices, glass surfaces, window fixtures and screens, exterior doors and door frames, screen doors, and all hardware related to any , of the above, except that the Association shall paint the exterior portions of the front doors and front door frames pursuant to Section 8. l(c)(v);

(iv) except as provided in Section 8.1(b)(ii), the walls enclosing the Residence patios (which shall not be considered fences and which, where applicable, shall be subject to the provisions of Section 2.8 regarding party walls) and the doors, including door frames, providing access to the carports from such patios;

(v) the plumbing, electrical, and heating and air conditioning systems, including drip lines, whether or not such heating and air conditioning systems, or any portion thereof, are located on the Common Area;

(vi) the concrete and paved surfaces, landscaping, and all other improvements to, or components of, the Residence patios;

(vii) except as provided in Section 8.1(c)(ii), the sheds located on the Residence patios, including without limitation the siding, doors, and door frames; and

(viii) the fireplaces, flues, chutes and chimneys.

(b) Exclusive Use Common Area. With the exception of those responsibilities for the Maintenance, Repair, and Replacement of the Exclusive Use Common Area carports specifically assigned to the Association pursuant to Section 8. lco), each Owner shall be responsible for the cleaning, Maintenance, Repair, and Replacement of any Exclusive Use Common Area which is assigned to his or her Lot.

(c) Compliance With Architectural Provisions. An Owner's' right and responsibility to Maintain, Repair, or Replace his or her Lot, the improvements thereon, or the Exclusive Use Common Area assigned to his or her Lot, shall be subject to all applicable provisions of the Governing Documents relating to architectural control.

(d) Replacement of Shed Siding and Rooftop Air Conditioning Units. Without limiting the general application of Section 8.2(c):

(i) Whenever the siding on the sheds located in the Residence patios is Replaced, the replacement siding shall include vents for the prevention of moisture buildup inside the sheds. Such siding replacement and vent installation shall be subject to approval by Architectural Committee which may specify, without limitation, minimum vent sizes and louver requirements to prevent rain intrusion into the sheds.

(ii) Whenever a rooftop air conditioning unit on a Residence is Replaced, the replacement equipment shall include a drip line which prevents the moisture discharged from the equipment from coming into contact with the roof. Such air conditioning unit Replacement shall be subject to approval by the Architectural Committee which may specify, without limitation, the type and color of materials used for the drip lines and their manner and location of installation.

3. Definitions. Except as otherwise expressly provided herein, the capitalized terms in this First Amendment shall have the same meanings as defined in the Declaration.

4. Miscellaneous. To the extent any provision of this First Amendment conflicts with any provision of the Declaration, the provisions of this First Amendment shall prevail. Except as amended by this First Amendment, the Declaration is confirmed and remains in full force and effect with respect to all property comprising the Development.

Dated: 4-28-2000

(signed by David Linzer, President, and Mary Smyth, Secretary)

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Last modified: November 25, 2001