Del Mar Heights & Portofino Homeowners Association

Key facts from Del Mar Heights & Portofino Homeowners Association's documents

Reflects the 2012 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium (condominium property) (Article I Section 5 (Condominium Propert)

Units / lots

144 (Exhibit A (court order): Of Petitioner's)

Developer / declarant

BARTSCH, RUSSELL & MOELLER LTD., a California corporation (Article I Section 3)

Governing law

California Civil Code Sections (1351, 1355a, 1356, 1376, 2924, 2924b, 2924c, 2934a, 783) and Corporations Code Section 7515 (Various sections: Article I Section 6 (C)

Age restriction

Not imposed; the document includes a fair housing notice stating restrictions based on familial status are void, but lawful senior housing age restrictions not precluded (Fair housing notice at the beginning)

Assessments & dues

Uniform rate for all one-bedroom condominiums and another uniform rate for all two-bedroom condominiums; fixed by Board in accordance with Bylaws (Article IV Section 2 and Section 3)

Special assessments

Authorized; levied per Board as provided in Bylaws (Article IV Section 1 and Section 3)

Collections & liens

Delinquent assessments become a lien on the condominium; may be foreclosed by judicial or non-judicial sale (trustee sale) after 30 days following recording of notice of delinquent assessment; lien subordinate to mortgages (Article IV Sections 4, 5, 6, 7)

Reserves & fees

Late charges as provided by statute or Bylaws of the Corporation (Article IV Section 4)

Pets

Yes, subject to reasonable rules; up to 2 pets per Living Unit (exclusive of caged domesticated birds) (Article V Section 4)

Leasing & rentals

Yes, each Owner has the right to rent the Living Unit (Article V Section 2)

Parking & vehicles

Not prohibited but no vehicle repair except emergency; no automobile overhaul or maintenance work (other than emergency) on the property (Article V Section 10)

Architectural approval

Yes, Board approval required for exterior alterations, improvements, fences, landscaping in Common Area, restoring after damage must be consistent with original plans unless approved (Article V Section 8, Section 9 (fences),)

Home business

Not directly addressed; only commercial usage per zoning (Article V Section 1 (implicitly prohibit)

Signs & flags

Display of U.S. flag of fabric, cloth or paper permitted; otherwise flags limited as per sign rules (max 15 sq ft) (Article V Section 6)

Maintenance

Owner: maintenance and repair of interior surfaces, glass doors/windows, interior of living unit, plumbing/electrical/heating systems within unit, appliances. Association: Common Area and Recreation Area management, repair, replacement, res (Article VI Section 1; Article III Sectio)

Insurance

Hazard insurance on Common Area and improvements; proceeds used for repair/reconstruction; Owner's insurance not detailed (Article IX Section (v), Article X Sectio)

Use restrictions

Each Living Unit shall be improved, used and occupied for private, single-family dwelling purposes; commercial usage only in accordance with zoning (Article V Section 1)

Voting & meetings

Each Owner of a Condominium is a member; voting power exercised per Article III and amendments require 66 2/3% of voting power of each class of members (Article III Section 1; Article XIII Sect)

Amendments

By instrument in writing signed by members entitled to exercise 66 2/3% of voting power of each class; requires prior written consent of 51% of first mortgagees for material changes; effective upon recording (Article XIII Section 3; Article IX (spec)

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