Rules and Regulations

REVISED

1-15-05

PREFACE

After discussion and consideration these Rules and Regulations were duly adopted by the Board of Directors to promote mobile home and condominium living conditions in Blue Skies Village which are safe, healthful and enjoyable for all our residents.  It is to our mutual benefit  that all residents understand and abide by them in a spirit of cooperation.

The Blue Skies Village Homeowners Association, which one joins automatically when a space, with or without a mobile home is purchased, manages and operates the Common Area in accordance with the Rules and Regulations, Articles of Incorporation, By-Laws and CC & R's (Covenant, Conditions and Restrictions), are recorded with the state of California in the office of the Riverside County Recorder.

Further, the Association provides a base for interaction among the homeowners on a variety of issues.  A member should be active in the Association and be willing to serve on the Board of Directors or on any committee created by the Board.

There will be only one vote per space.

Association rules may be amended by the Board of Directors at any time with or without the homeowners' consent upon written notice to the homeowners of no less than (30) thirty days.  The enforcement procedures as adopted by the Board will apply.

II.  OBLIGATIONS UPON RESALE

A.  All sales of mobile homes are subject to the provisions of the CC&R's , Bylaws and Rules and Regulations (Request  forms 3001, 3002, 3006, 3007, 3008 in the park office.)

B.  When you sell your unit it is your legal responsibility to provide the buyer with a copy of the CC&R's, Rules and Regulations, Articles of Incorporation, Bylaws and a "true statement' concerning delinquent assessments, penalties, attorney's fees or other charges provided by the Association documents on your space as of the date the statement is issued.  In addition the Board of Directors must be informed by the seller at the opening of escrow or at any other beginning procedure for a change of ownership of the property. When the sale of the property goes through escrow, the escrow officer is obligated to inform the Board, in writing, asking for the financial status of the property and the Rules and Regulations.  If any legal action is taken in regard to noncompliance with our Rules and Regulations, the cost will be the responsibility of the seller of the unit.

C.  The Board must pre-qualify purchasers for residency as provided in the CC&R's.  Contact the park office for a pre-residency application and an interview appointment.

III.  SENIOR CITIZEN LIVING

A.  Blue Skies Village is a Senior Citizens Mobile Home Park.  At least one principal resident in each mobile-home must be fifty-five years of age or older.  No person under the age of eighteen may become a permanent resident.  California State Code Section 12900-12996.  California Fair Housing Act.

B.  All residents must have on file in the Park Office a photocopy of either driver's license, their birth certificate, or their passport, other form of identification and proof of senior status which will be acceptable to the Department of Housing and Urban development.  Form 3002 required.

IV.  ASSESSMENTS AND UTILITIES

A.  Monthly assessments are due and payable on the first day of each month.  Unpaid assessments are delinquent after fifteen days.  A late charge of ten dollars a month will be added to any delinquent account. 

B.  Electricity and gas are metered to each mobile home and the owner is billed by the utility company concerned.  Cable TV, sewer, water and trash pickup costs are billed through the Association.  They are chargeable twelve months of the year whether or not the mobile-home is occupied.

V.  USE OF A MOBILE HOME

A.  A unit shall be used for residential purposes by the resident and guests.  No more than three (3) persons shall be permitted as permanent residents (permanent means more than ninety (90) days out of each twelve (12) month period without the written consent of the Board of Directors.

B.  No mobile home may be rented or leased for less than three months or more than six months in any twelve month period.  (Form 3011 required)  THIS WILL BE STRICTLY ENFORCED.

C.  All rentals or leases can be made only with the written approval of the Board.  They must be made expressly subject to the provisions of all Association documents.  The Association shall retain the right to evict upon a tenant's breach of same.  Rental forms can be obtained and filed in the office.

D.  The age limitation referred to in Section 8.17, Article VIII of the CC&R's shall in any event apply.

E.  Each owner or resident must submit a non-refundable $50.00 fee with the Board prior to each rental.

F.  No residents shall publicly post or advertise his or her home for rent or lease unless it is also listed in the Blue Skies park office.

VI. GUESTS

Residents are welcome to have guests at any time, provided they are made aware of and comply with the Rules and Regulations, CC&R's and Bylaws.  Guests must be registered in the office ledger for safety and security reasons.

VII  PETS

Pet registration form 3015 must be filed in the office.

A.  All pets residing in the park must be registered in the park office.

B.  Pets will be limited to one small pet per household, cat or dog (dogs maximum of 12" at shoulder and maximum weight of 20 lbs when fully grown?

C.  Each pet must be inoculated in accordance with local laws, dogs must be licensed, and proof of such must be on file in the park office. 

D.  Any dog when not inside the owner's unit must be kept on a short leash.  It may not be left unattended.

E.  Pets are not permitted in the clubhouse, recreation or pool area or Starlight Circle, or other common areas (flower beds, etc.)  Pets will not be allowed to cause any disturbance which might annoy other residents.  If a pet causes any disturbance, annoyance or harm, such as barking, growling, or biting or any other unusual noises or damage which will annoy or cause harm to others, or the property of others, the Association may take action against the owner. (Civil Code 798.56b)

 F.  Any excrement left by a pet anywhere on park property(inside or outside) or around the owner's property must be picked up immediately and disposed of by the homeowner or the pets' custodian.

G.  We encourage pets to be spayed or neutered.

H.  Since we cannot assume liability for the pets of non-residents, visitors are not permitted to bring pets into the park.

VIII  CONDUCT, NUISANCES AND NOISES

Residents or guests shall not permit noises which may unreasonable interfere with the quiet enjoyment of other residents.  This includes the playing of radios, televisions, stereo systems, musical instruments and the use of power equipment.  Excessively loud talking or other noise or conduct, disturbing to a person of normal sensibilities as determined by the Board between the hours of 10:00 pm and 8:00 am will not be permitted.

IX  BUSINESS RESTRICTION

A mobile home shall not be occupied and used except for residential purposes.  No trade or business shall be conducted in the unit space except as a combined residence and executive or professional office as allowed by law.  In no event may any activity that is conducted interfere with the quiet enjoyment of other residents.  No business signs or advertising may be displayed in the park.  Notice posting on the pool side bill board and the office area kiosk is permitted (official notices and social club notices have priority.)  Notice of items for sale and services available should be placed in the kiosk.

X.  ARCHITECTURAL AND LANDSCAPE CONTROL

A.1  The purpose of the Architectural Control Committee is to assure architectural control and landscaping provisions as set forth in this document.

A.2  The committee shall consist of three (3) members appointed by the Board, plus the board member designated as the Building and Grounds Chairperson.  (total 4)

A.3  Members appointed shall be homeowners and will be appointed for a 2 year renewable term.  At least one shall be a full time resident.

A.4  The committee shall meet once a month or as necessary to properly carry out the obligations imposed on it.  The facilities manager shall attend the committee meetings if requested and must be apprised of all committee decisions.

A.5  All architectural request forms submitted by homeowners and approved by the committee must be stamped "APPROVED" and dated and initialed by a member of the Board of Directors.  A copy should be returned to the homeowner stamped "APPROVED", dated and initialed by a member of the Board of Directors.

A.6  The General Manager or Management Agent shall provide any necessary assistance requested by the Architectural Control Committee.

NEW INSTALLATION STANDARDS

B.1  No mobile home may be placed on any mobile home space until approved in writing by the Board as to site, condition and appearance.  A list of park requirements should be obtained from the office before contemplating a new installation.

B.2  Before any new installation commences the ACC must inspect the project to insure its compliance with standards set by the Board of Directors and the City of Rancho Mirage.

B.3  In addition to receiving ACC written approval, all city permits and requirements must be observed.  All setbacks will conform to city requirements.

B.4.  In order to insure architectural compatibility, construction and installation standards all replacement  mobile homes must be newly constructed.  Every effort will be made to keep the historical ambience of the park intact.

B.5  No portion of any mobile home shall extend into any common area or the area of any adjoining unit.  This provision shall apply to eaves, awnings, fireplaces, stairs, door stoop and similar architectural features.  All contractors and/or  workman must abide by applicable rules and regulations and all civil and criminal codes.  The home owner is responsible for their conformance with the rules.

B.6  Upon the placement of any mobile home on any space, the homeowner  shall within three (3) months after such placement, do the following:  (a) have the exterior improvements including skirting approved by the ACC installed and (b) have the landscaping approved in writing by the Board and/or the ACC and completed.

B.7  Only concrete, brick or other masonry type material may be used for new driveways.  The use of asphalt is not permitted.

B.8  Skirting on any new installation shall be of a material and color so as to be unobtrusive and in keeping with the color scheme.

B.9  New installation shall be set in over a reinforced excavation in such manner as to conceal beneath grade level the wheels, and framework of the home when installed.  City of Rancho Mirage and State codes are on file in the office.

B.10  If any steps are required to access the home, deck/patio, such steps will be constructed with a facing.

B. 11  New installation will only be allowed one (1) storage shed of not more than 100 sq. ft.  Such a shed shall be the same color as the mobile home or its trim.  Where there is a permanent storage building, one additional portable storage shed will be allowed if it is the same color as the mobile home or its trim.  All city setbacks will be observed.

B.12  No new installation, its carport, covered patio and storage shed shall occupy more than seventy (70) percent of the lot.

STANDARDS OR GUIDELINES FOR EXISTING MOBILE HOME

C. 1   In specific reference to existing mobile homes, no building, fence, wall, obstruction, outside or exterior wiring, balcony, screen, patio, patio cover, awning, carport cover, improvement or structure of any kind shall be commenced, installed, erected, painted, repainted or maintained upon the mobile home space, nor shall any alteration or improvement of any kind be made therein until the same has been approved in writing by the Board or any Architectural Committee appointed pursuant to article IX, Section 1 (E) of the Bylaws (CCR's art. VIII, sec 8.10)

C.2  In addition to receiving ACC written approval, all city permits and requirements must be observed.  When making renovation, all setbacks will conform to City of Rancho Mirage requirements.  A copy of any building permit must be filed with the Board.

C.3  Pastel colors/desert tones are desirable and a request to the ACC is necessary for any color change prior to beginning any exterior painting project.  A paint chip should accompany the request.  Colors will be approved at the discretion of the ACC.  Special circumstances will be considered. 

C.4  At the completion of any project that required a permit, the ACC shall inspect the project to insure its compliance with this document.

C.5  If any steps are required to access the home or deck/patio, such steps will be constructed with a facing.

C.6  Only one (1) storage shed or not more than 100 sq. ft. will be allowed.  If there is a permanent storage building, one additional portable storage shed will be allowed if it is the same color as the mobile home or its trim.  All city set backs will be observed.  Existing mobile home spaces may continue with current structures. 

C. 7  Should any common area need architectural alterations or maintenance either interior or exterior, an application must be made through the ACC, which upon approval by the ACC shall comply with the guidelines that apply to individual homeowners.

C.8  Upon application by an affected homeowner, the ACC may grant a variance from the guidelines provided that such variance is reasonably necessary in order to carry out the general purpose and intent of this document, or is necessary to avoid hardship expense or impossibility of conformance.  Such variance shall be in writing and shall not constitute a waiver of any other guidelines or hinder the enforcement thereof.

Note:  These guidelines will be enforced as provided in the CC&R's article VIII, Section 8.18 (page 59 & 60)

LANDSCAPE GUIDELINES

D.1  Plans for landscaping of a new installation shall be presented to the ACC within thirty (30) days after the start of construction of the dwelling and be completed within sixty (60) days after initial occupancy of the dwelling, and landscaping shall be completed in accordance therewith unless an extension is given in writing by the ACC.

D.2  Each mobile home space must be landscaped with either paving stone, crushed rock, or grass and shrubs or similar plants.  No major changes in landscaping visible from the street shall be made until a completed Architectural Request has been approved by the Board and/or the ACC.  Any deviation from applications as approved by the ACC may nullify said approval and any action by the lot owner may thereafter be deemed to have been undertaken without the committee's approval  or consent.

D.3  Landscaping on home site must be kept watered, trimmed, edged, pruned, etc. to present a neat and clean appearance year round.  For seasonal residents this may necessitate hiring a gardener/caretaker during the summer months so the property does not appear to be neglected (form 3010 for summer vacancy to be filed).

D.4  The ACC may at its discretion request a tree to be planted to replace a removed tree.  The ACC wishes  to work with the homeowner to produce a pleasing effect.

D.5  The ACC does not recommend the planting of deciduous trees or fruit trees on the street side since they require more maintenance and may cause a problem for neighbors.  Fallen fruit must be kept picked up because it is unsightly and attracts rodents which presents a health hazard.

WALLS AND FENCES

D. 6  New fence design must be approved by ACC prior to installation.

D. 7  All city requirements pertaining to height and setbacks shall be observed.

D.8  At the curb side, two-and-a-half foot high(2.5') decorative wall will be allowed.  After a five foot (5') set back on the street side a fence or wall up to six foot (6') in height will be allowed.

GENERAL

D.9  Should any common area landscape need alterations in landscape design, an application must be made through the ACC and shall be held to the same guidelines as individual homeowners.

D. 10  Acknowledging the historical and esthetic importance of palm trees to our park, the committee will not approve the removal of palms unless reasonable cause can be established; i.e., disease or safety factors.  The ACC reserves the right to request that a palm tree be replaced in kind.

B.  The operation of golf carts must be kept under control at all times.  Residents are responsible for their use by their guests.  Minors driving a golf cart must be accompanied by a person with a valid drivers' license.

C.  Motorcycles may not be operated within the park.

D.  Skateboarding is not permitted in the park.

E.  Automobiles and RV's must be washed in the car wash only.  Vehicle washing hours are from 9:00 am to 5:00 pm.

F.  There will be no overnight parking in the streets under any circumstances and vehicles will be towed without warning at the homeowners expense.  Riverside County safety and fire protection codes require that no vehicles be parked on the streets except for loading and unloading.

XIII  USE OF RECREATIONAL FACILITIES

A.  All common area recreational facilities are for the use of the residents and their respective guests.  Homeowners are responsible for their tenants' violations of Rules and for any damage to the common area caused by them or their guests.

B.  Use of the clubhouse for affairs not relating to the Social Club must be requested by written application to the Board.  A $100.00 refundable deposit must accompany the application.  A reservation must be for the personal use of the resident (such as for a birthday, anniversary, wedding, etc.)  The number of people attending must not exceed posted limit.  The duration of a reservation must not conflict with any other scheduled event and must end no later than 10:00 pm.  Events scheduled by the Board or the Social Club have priority.  The pool area, billiard rooms and shuffleboard court areas are off limits for private events.  All persons who use the facility shall leave the premises clean, orderly and in good repair, or forfeit their deposit.  The responsible resident must be present until all guests are left.  The Association may deduct the cost of repair of any damage and/or the cost of extra cleaning from the deposit.  If the costs of repair exceed the deposit, the Association may take appropriate action to recover the costs of the damage and the repair thereof.

C.  Guests may use the recreational facilities provided they comply with the regulations as they relate to those facilities.

D.  Smoking is prohibited in the pool area and clubhouse at all times. 

E.  The pool table is for the use of residents.  No one under the age of fourteen (14) years is permitted to use the pool table.

F.  The Association will not be liable for loss, damage or injury to persons or property incident to the use of the common areas including, but not restricted to the recreational facilities, by resident, guests or dependents.

XIV USE OF THE SWIMMING POOL AND SPA

A.  The pool/spa area is that area containing the swimming pool, the spa and the paved area surrounding the pool and spa.

The pool/spa area is for the exclusive use of residents and their guests.  It is the responsibility of the residents to inform their guests of the pool/spa rules, which are also posted at the pool.  Our liability insurance requires many of the regulations.

B.  Children under fourteen (14) years of age are allowed in the pool/spa area from 11:00 am to 1:00 pm and 6:00 pm to 7:00 pm.  Unsupervised use by children under 14 is prohibited.  (State Code 3119B)

C.  Children must leave the pool/spa area when their hours are over.

D.  Only toilet-trained children are allowed in the pool.  Normal swimming apparel must be worn.  Diapers are not allowed.

mobile home space.  All residents are encouraged to re-cycle.  Contact Waste Management for re-cycle containers.

XVI LAUNDRY FACILITIES

A.  Laundry facilities are available for use between the hours of 8:00 am and 7:00 pm.  Residents must register at the park office for a designated day and time to use these facilities.

B.  Guests must not use the facilities except during their host's assigned day and time, or they must make arrangements at the park office for an assigned time.

C.  Every person using these facilities shall be responsible for leaving them clean and orderly.

XVII ENTRY UPON RESIDENT'S SPACE AND/OR LIVING UNIT.

No officer or agent of the Homeowners Association shall have the right to enter the mobile home owned or occupied by a resident within the park without the resident's written consent, except pursuant to Section 798.26 of the Civil Code.

            a.  for the emergency maintenance of utilities

            b.  in case of emergency, or

            c.  if the mobile-home has been abandoned

XVIII THEFT AND/OR VANDALISM

If residents or guests believe they have been victimized or that intruders are in the park they should call the police immediately.  The number to call is 911.  The park office should not be notified until after the police have been notified.  A police report may be needed for insurance claims.  Residents observing suspicious or unauthorized persons in the park during the day should notify the park office or any available board member immediately.

XIX SUMMER CLOSING NOTICES

Summer closing notices, available at the park office, must be filled out by residents before leaving and turned in at the park office.  Form 3010 must be filled out by all seasonal residents and filed with the office before leaving for the summer.  This is very important for security reasons.

XX MAINTENANCE OF LIVING UNITS

All living units' landscaping and improvements shall be maintained and kept clean in a manner so as to meet the approval of the Board of Directors.  No trash, garbage or other waste may be kept on any living unit.  In the event these are not maintained in such a manner in any unit , the Board of Directors shall have the right to furnish the labor and/or materials necessary to bring said living unit, including landscaping and/or improvements, up to a standard that meets its approval and to maintain it according to such a standard upon the Board of Directors serving the owner a fourteen (14) day notice which specifies the work to be done and estimates the cost of such work if performed by the Board.  In such event, the  owner of any such unit shall pay the Association an amount equal to all direct and indirect costs and expenses incurred by the Board of Directors.  The amount the owner is obliged to pay shall constitute a lien on the living unit and shall be payable within ten (10) days after the charge is made.  Any such charge which is not paid within ten (10) days shall bear interest from the due date at the rate of twelve (12%) per annum.  The Board of Directors shall be entitled to enforce its rights by following the procedure provided for the sale of real property in the state of California.

XXI SCHEDULE OF FINES

The following is the schedule of fines to be levied:

            First Notice                 Warning

            Second Notice                        $100.00

            Third Notice                $500.00

            Fourth Notice              At the discretion of the Board

XX DISCRETIONARY POWERS

Notwithstanding the foregoing the Board of Directors may from time to time make exceptions to these Rules and Regulations or grant extensions of time to a resident when, in the sole discretion of the Board, it has been determined that  extenuating circumstances exist so as to warrant such exceptions and/or extension