The Foothills at Carlsbad Homeowners Association

Key facts from The Foothills at Carlsbad Homeowners Association's documents

Reflects the 2009 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (planned development with common areas; also includes a condominium project within PA-21) (Recital D (planned development), Recital)

Legal name

THE FOOTHILLS AT CARLSBAD HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit corporation (Section 1.3, Recital C)

Units / lots

404 estimated Lots in Community (plus 78 affordable apartments in Planning Area 15 not part of this community; also condominium units in PA-21 may include detached homes in condominium form) (Section 3.2(b)(ii) (404 Lots), Recital E)

Developer / declarant

CALAVERA HILLS II LLC, a California limited liability company (Section 1.14, Recital A)

Governing law

California Civil Code Section 1351(k) (Planned Development), Section 1351(j) (Condominium Project reference), Section 1354 (equitable servitudes), Section 1363.07, Section 1365(a), Section 1367.1(d), Sections 2924, 2924(b), 2924(c), 1367, 1 (Recital D, I, O; Sections 2.1(h), 4.3, 4)

Assessments & dues

Board determines at least annually based on budget; notice of increase sent 30-60 days prior; cannot increase regular assessment more than 20% without owner vote (except emergency); special assessments limited to 5% of budgeted gross expens (Section 4.2(a), 4.3)

Special assessments

May be levied by Board if funds inadequate; also individual special assessment against an owner for non-compliance (not a lien except for collection costs). For general special assessments, notice given 30-60 days prior. (Section 4.2(a), 4.5)

Collections & liens

Yes: assessments are a continuing lien on the Lot; Association may foreclose judicially or non-judicially under California law. Sale or foreclosure of first mortgage extinguishes prior assessment lien (but not future assessments). Associati (Section 4.1, 4.11, 4.12)

Reserves & fees

Regular assessments include an adequate reserve fund for periodic maintenance, repair, replacement. Reserves may be suspended under maintenance/subsidy agreement approved by DRE. (Section 4.1, 4.2(b))

Parking & vehicles

Recreational vehicle storage facility is provided (RV Storage Facility) for residents of Lots in Properties and certain other planning areas; use on first-come first-served basis; may charge fees. (Section 6.1)

Architectural approval

Yes, for any improvements or exterior changes (including construction, landscaping, patio cover, etc.) unless categorically exempted. (Section 7.1)

Signs & flags

Declarant and Guest Builders have right to non-exclusive use of Association Property for signs for marketing (for up to 10 years after annexation or sale of all lots). No mention of owner signs. (Section 2.1(i)(ii))

Maintenance

Association maintains Association Property and Association Maintenance Area; Owners maintain their own Lots and are responsible for certain common expenses through assessments. Specifics for roof, interior damage, etc. not provided in these (Section 4.2(a), Recital G)

Use restrictions

Not explicitly stated in provided text; implied by single-family detached homes and condominium project

Voting & meetings

Class A Members (non-declarant owners): 1 vote per Lot. Class B Members (Declarant and Guest Builders): 3 votes per Lot for matters other than election of directors; for election of directors, Declarant can elect majority until conditions m (Section 3.2(a), 3.2(b)(i), 3.2(b)(ii))

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.