La Jolla de Los Cabos

Homeowners Association, Cluster I

 

 

Rules & Regulations

 

 

 

These rules are to be read and respected by all those staying or visiting in La Jolla de Los Cabos, Cluster I (Buildings C, D, E, F, G, and I) without exception.

 

General Rules

 

1.    Pets are not allowed in the condominiums or grounds of Cluster I except as permitted in the ³Pet Comportment Rules², below.

2.    Towels, clothing or other items may not be hung from terrace railings or other places that can be seen from public areas.  Wall-hangings, clotheslines or clothes racks must not be visible from public areas

3.    No antenna may be installed for personal use that is in view of the common areas or neighbors.

4.    No equipment, machinery or substance that causes or may cause danger, a health risk or annoyance may be installed or stored in and around a condo.

5.    Oil and grease must not be put down sink drains.  Some of our sewage water is recycled for irrigation.  Oil and grease are not compatible with this process.

6.    Noise that disturbs the neighbors is not permitted.  No parties are permitted in the common areas after 10 PM.

7.    Playing ball or similar games are not permitted anywhere except on the beach.

8.    Skate-boarding, roller skating or bicycling are not permitted on the walkways.

9.    Homeowners in violation of these General Rules, Pool Rules, Parking Rules or Non-Owner Occupants-Rules, after receiving due notice of their rule infractions are subject to fines levied by the Board of Directors of up to $100 per infraction incident.

 

Pool Rules

 

1.    Pool hours are from 7 AM to 10 PM.

2.    Glass, ceramic or other sharp objects are not allowed in pool areas.

3.    Playing ball or similar games are not allowed in the pools.

4.    Only homeowners, homeowner¹s guests and homeowner¹s renters are permitted to use Cluster I pools and pool furniture.

5.    Valid pool tags must be displayed when using Cluster I pools.

6.    Pool furniture must not be removed from their respective pool areas.

7.    Persons younger than 14 must be accompanied by an adult to use the pool.

8.    Children who cannot control their physiological functions and who are not wearing an appropriate swimming diaper are not allowed to use the pools.

 

 

Parking Rules

 

1.    Parking is permitted only in the striped ³PERMIT² areas of Cluster I.

2.    Homeowners, guests, renters and contractors must register their vehicle(s) at the Homeowners Office and obtain appropriate vehicle tags.  Said tags must be displayed when entering or parking in the Cluster I parking areas.

3.    A homeowner, guest or renter occupying a condo is permitted to park only one vehicle.

4.    Long-term parking is available and encouraged in the upper, fenced-in long-term parking lot.

5.    Vehicles parked in the area for longer than 3 days without Administrator permission, when the owner is absent from La Jolla; as well as vehicles parked in violation of these rules will be towed at owner¹s expense to a local Police car lot.

6.    Boats, trailers, campers larger than a car, trucks, and motor homes are not permitted to park in the Cluster I area except for loading and unloading.

 

 

Pet Comportment Rules

 

For the purpose of these Pet Comportment Rules the term ³pet² refers only to cats and dogs.

 

1.    Only homeowners who have demonstrated that they have valid Letters of Permission to keep a pet on premises will be permitted to keep a pet. 

2.    All prior Letters of Permission are hereby nullified as of April 1, 2006.  Homeowners having such prior Letters of Permission will be granted a new Letter of Permission by the Administrator, valid for one year and renewable yearly, unless rescinded for cause, subject to meeting the following requirements.
 
The homeowner is to provide the Administrator with:

a.    The Letter of Permission to have pets issued by a previous La Jolla Cluster I Administrator, to be replaced by a new Letter of Permission as described above. This is to be done prior to April 1, 2006, or if not currently in residence at La Jolla, within three days after the homeowner¹s next arrival at La Jolla.

b.    A recent picture of the pet such that the pet may readily be identified from the picture.

c.    Evidence that all vaccinations required by the homeowner¹s resident country and Mexico have been applied to the pet and are up to date.

d.    Assurances that the pet is healthy with no danger of contagion to humans or other pets.

e.    Evidence  that the pet is collared with license and other tags giving the pet¹s name, the homeowner¹s name, the La Jolla unit number, and the homeowner¹s La Jolla telephone number

f.     A signed statement that the homeowner agrees to abide by all of these Pet Comportment Rules subject to having his Letter of Permission rescinded.

3.    A homeowner is permitted to have no more than one pet in his premises, independent of the number of units owned by the homeowner. The Letter of Permission applies only to that pet.  If the homeowner wants to keep a different pet at La Jolla a new Letter of Permission must be obtained for that pet.

4.    Renters or other non-homeowner occupants of a homeowner¹s condo(s) are not permitted to keep pets on premises

5.    Pets are not permitted on any of the grounds of Cluster I and the Cluster I common areas other than to go to and from a car (or other transport vehicle) to the homeowner¹s condo, or to go from and return to the Cluster I properties.  At no time is a pet to be allowed in the regions around the pools or on the La Jolla beach in front of Cluster I.

6.    Whenever a pet is not in the homeowner¹s private living area but anywhere on the La Jolla properties it must be on a leash and under control of the owner.

7.    If a pet defecates or urinates anywhere on La Jolla properties, the homeowner is responsible immediately to pick up the defecation and dispose of it in the trash bin and to sterilize the region soiled if it is a walkway, hall, stairway or road, or to wash the region with clear water if it is on the grass or in the gardens.

8.    If a pet is reported as running loose, the city pet-control authorities will be notified to come and retrieve the pet.

9.    If the Administrator receives complaints about a pet disturbing the residents or running loose or violating any of the above rules, the Administrator is to check out the situation.  He has the authority to deal with the pet¹s homeowner and, if necessary, to rescind the Letter of Permission that authorizes the homeowner to have the pet on premises.  Said rescinding must be done by the Administrator in writing justifying why such action is being taken.

10.Homeowners who keep pets or whose guests or renters keep pets on premises in violation of these Pet Comportment Rules, after a notice of the violation in writing has been issued to them by the Administrator, if not immediately resolved, will be subject to a fine of up to $100/day/pet-in-violation and/or other punitive measures such as removing homeowner entitlements for parking, laundry, television and pool use, as set by the Board.

 

Guidlines On Issuing Letters Of Permission To Keep A Pet On Premises:

 

1.    The Administrator must physically see the pet.  He is to photograph the pet and keep the photograph and information about the owner and the pet on file.  The letter of permission applies exclusively to that particular pet.  In order to obtain Administrator written permission the homeowner must provide  or satisfy the Administrator:

a.    With evidence that the pet has been vaccinated in accordance with the applicable Mexican laws,

b.    That the pet is healthy with no danger of contagion to humans or other pets

c.    That the pet is not of a vicious breed such as a pit bull

d.    That the pet is collared with license and other tags giving the pet¹s name, the homeowner¹s name, the La Jolla unit number, and the homeowner¹s La Jolla telephone number.

2.    The homeowner must provide the Administrator written, signed statements from each neighbor in the homeowner¹s building whose condo unit is contiguous (i.e. having adjoining walls, ceilings or floors) with that of the homeowner, that he/she does not object to the homeowner keeping a pet in his condo.

3.    The homeowner must sign a statement agreeing to abide by the Pet Comportment Rules subject to having his Letter of Permission rescinded.

4.    Homeowners who already have Letters of Permission from a prior Administrator:

a.    Upon presentation of said permission to the Administrator are entitled to retain permission to keep the pet but must satisfy these Guidelines except for Requirement 2.

b.    Each letter of permission expires on the first anniversary of its issuance.  Homeowners must reapply for the letter of permission yearly satisfying all the Guideline requirements except for Requirement 2.

c.    Letters of Permission from a prior administrator are declared to be null and void other than to permit the homeowner to obtain a new letter of permission as stated in 4a, above.

5.    Homeowners in violation of these rules and guidelines will have their letter of permission rescinded by the Administrator.

6.    Homeowners who keep pets on their premises without obtaining a letter of permission from the Administrator:

d.    Are to be notified by the Administrator that they are in violation of the Cluster¹s Bylaws, and given a deadline by which to comply before being subjected to loss of certain La Jolla entitlements.

e.    If said deadline is not met by the homeowner, the Administrator may take whatever action is legally sanctioned so as to induce the homeowner to comply.

7.    Homeowners who feel that they have been treated unfairly by the Administrator concerning pets may bring their complaint to the Board for adjudication.  Said complaint is to be in writing and signed by the homeowner.

Rules on Condo Alterations

 

Each homeowner is responsible for damages incurred to condo facilities as a result of homeowner actions or decisions (Bylaw Article 12)

 

1.    All homeowners, their contractors and agents who intend to repair, improve, clean, or perform construction in or about their condos for a cost equal to or exceeding $1,000 USD are required, prior to commencing the work:

a.    To obtain written permission from the Board of Directors,

b.    To make a deposit with the Administrator of the-lesser-of 15% of the cost of the work or $500 USD.

2.    The remainder of the deposit after covering the costs of damage repairs, if any, will be returned to the homeowner at the completion of the work.

3.    Should damage be greater than the deposited amount, the homeowner will be billed for the difference as an added part of his maintenance fee.

A homeowner may not have alterations made that improperly impact the exterior appearance of the building (Bylaw Article 22).

1.    A homeowner that undertakes alterations that might change the exterior appearance of the building:

a.    Is required to submit a plan of the alteration to the Board of Directors for approval.

b.    Upon said approval the homeowner is to provide the Administrator a deposit of the-lesser-of 20% of the alteration cost or $200 USD.

2.    The remainder of the deposit after covering the costs of the damage, if any, will be returned to the homeowner at the completion of the work.

3.    Should damage be greater than the deposited amount, the homeowner will be billed for the difference as an added part of his maintenance fee.

 

Concerning planned structural modifications

 

1.    Any modification of the integrity of existing walls must be approved by the Administrator and must have the approval of a structural engineer of La Jolla¹s choosing prior to commencing with any work on the project. 

 

2.    For projects incorporating structural modifications a deposit of $7,500 or 15% of the project¹s contracted amount, whichever is the lesser, must be made by the condominium owner with the Administrator to be returned (less costs to the HOA for inspections and repairs) upon satisfactory termination of the project.

 

3.    Any non-compliance with these Rules on Condo Alterations may be subject to penalties of up to $10,000 at the discretion of the Board of Directors.

 

On Contractor Regulations

 

1.    These regulations apply to all contractors and workmen of any type who are hired either by La Jolla homeowners, managers representing homeowners, architects or others who have been employed by homeowners or their managers or by the staff of La Jolla. These collectively will be referred to herein as ³Contractors²

2.    In order for a Contractor to be permitted to perform work anywhere in the La Jolla Cluster I area including the condominiums and the common areas of Cluster I, said Contractor must sign a register indicating that the Contractor agrees to abide by these Regulations.  Contractors that have agreed to these regulations, who have not violated them, and who have not engendered a negative reputation concerning their workmanship and  dealings with La Jolla homeowners and staff will be put on a list of La Jolla Preferred Contractors to be maintained at the La Jolla office and placed on the La Jolla webpage.

3.    For each job, whether formally contracted or not, prior to commencing the job, the Contractor must register at the office, specifying the particulars of the job including:

a.    A description of the work to be done and the area or unit(s) involved

b.    Who contracted the job and on behalf of whom

c.    When the job is to start and when it is scheduled to be completed

d.    The times of day the workmen will be working

e.    The number of workmen expected to be on the job

f.     Parking requirements

g.    Other pertinent information depending on the nature of the work

4.    The contractor must get the written permission of the Administrator or his designee prior to commencing the job.  The administrator will give his permission subject to:

a.    The Contractor registering and agreeing to abide by these regulations.

b.    The owner having paid whatever deposits, if any, are required in advance of the Contractor initiating the work.

c.    The work being in accordance with the architecture and décor of La Jolla.

d.    The dates and times of the job are not contrary to what is permitted in these regulations.

5.    The Administrator will inform the La Jolla guard force of the particulars of the Contractor¹s job so that the guard force can monitor whether the implementation of the job remains within these Regulations.  Contractors who work in La Jolla in violation of these Regulations will be evicted by the Administrator. Acts of violence or theft committed by any of the work crew will immediately be reported to the police.

6.    Except for emergency situations, contracted as well as non-contracted work that can be disturbing to the other La Jolla residents are not permitted except for the period from May 1 to October 31 of any given year. During the permitted period the time of the day during which said disturbances are allowed is from 7AM to 7 PM.

7.    Emergency situations requiring immediate attention are to be registered with the Administrator as soon as is possible.

8.    Should emergency situations occur requiring noise-disturbing activities of the responding work force, the immediate neighbors are to be notified by the person in charge or his designee and apprised of the nature of the emergency and the expected duration of the disturbance period.

9.    When the work involves workmen being on a roof-tiled surface, it must be done in such a way as not to damage the tiles or the sub-surfaces of the roof.  Expenses resulting from damages to the tile or roof caused by the workmen will be charged to the homeowner.

10.When work involves shutting off electricity or water to neighboring units, the residents of these units must be notified 24 hours in advance and informed of the expected duration of the outage.

11.Trash and other construction debris are to be hauled away by the Contractor within 24 hours.

12.Under no circumstances may construction debris be washed down any drain within the condo complex.  Expenses for repairing said damage to the water or sewage system will be charged to the homeowner.

13. Any modification of the integrity of existing walls must be approved by the Administrator and must have the approval of a structural engineer of La Jolla¹s choosing prior to commencing with any work on the project.  For projects incorporating structural modifications a deposit of $7,500 or 15% of the project¹s contracted amount, whichever is the lesser, must be made by the condominium owner with the Administrator to be returned (less costs to the HOA for inspections and repairs) upon satisfactory termination of the project.

14.Vehicles used by contractors or their employees must be registered at the HOA office and display a contractor-parking permit prominently in their front windshield in order to park on premises.

Rules For Non-Owner Occupants

Non-Owner Occupants are referred to here as ³Guests²

 

1.    Guests must register at the office upon arrival or, if closed, when next open in order to:

a.    Provide their names, condo unit, period of stay

b.    Obtain a temporary parking tag (renewable weekly) if vehicle parking is intended

c.    Obtain a copy of these Rules and a handout on Frequently Asked Questions

d.    Learn the procedure for purchasing bottles of water

e.    Arrange for use of laundry facilities, if intended (most buildings have a laundry facility).  The Guest:

                                              i.     Must obtain a laundry-facility key from the condo owner or manager.  The office will not give laundry keys to guests.

                                            ii.     Must pay $5.00 per week-of-stay or fraction thereof at registration

                                          iii.     May use the laundry facilities no more often than once per week.

                                          iv.     Must schedule the time periods for using the facility on the schedule form on the door of the facility

                                            v.     Is responsible for returning the key to the condo owner or manager

2.    Guests are to recognize that the office personnel are not there to service guests.  It is the responsibility of the condo owner or manager to provide for guests¹ informational or other needs.

3.    Guests may not have pets of any kind in the condo they are occupying of on any part of the La Jolla grounds.  If this rule is violated the homeowner will be fined.

4.    Guests may park one vehicle in the parking area near the condo they occupy. The vehicle must have a signed and dated parking tag on display attached to the vehicle¹s rear-view mirror. Cars not displaying a valid parking tag will be towed at the guest¹s expense to the San Jose Police car lot.

5.    Guests and their visitors are to abide by the General Rules, Pool Rules and Parking Rules.  It is the responsibility of the condo owner or manager, not the office, to provide guests with pool tags and a laundry key as well as the condo key.  It is the responsibility of the Guest to return these items to the owner or manager, and not to the office.