Victoria Estates Gated Community

Real estate sales and leases information and rules

The following information is taken from Victoria Estates CC&Rs and rules and regulations concerning various real estate transactions. CC&Rs, Rules and regulations and By-laws are posted in the Document section.

Single family dwellings. All of Victoria Estates is limited to single families. CC&Rs Article VIII 8.1 “Single Family Dwelling Units Each Dwelling Unit shall be used exclusively for single family residential purposes, subject to the exemption granted Declarant and the Merchant Builders under Article VII of this Declaration. An Owner may rent or lease his lot to a single Family pursuant to the Leasing Provisions set forth herein.”

Leasing: CC&Rs Article VIII 8.1(a) “Leasing Provisions. The following provisions shall govern leasing of Lots:

(i) General. Lots may be leased only in their entirety pursuant to a single family agreement with only a single Family as the permitted occupant. All leases , must be in writing and for an initial term of not less than thirty (30) days, except with prior Board approval. Within seven (7) days after executing a lease agreement for the lease of a lot, the Lot Owner shall provide the Board with the name of the lessee and all other people occupying the Lot. The Owner shall also provide a copy of the Lease upon request from the Board. The Owner must provide the lessee with copies of the Declaration, Bylaws, and the Rules and Regulations.

(ii) Compliance with Restrictions and Liability for Assessments. Each Owner and each lessee, by occupancy of a lot, covenants and agrees that any lease for a lot shall contain the following provisions and agrees that if such provisions are not expressly contained therein, then such provisions shall be deemed incorporated into the lease by existence of this covenant on the lot: (1) Compliance with Declaration, Bylaws, and Rules and Regulations. The lessee shall comply with all provisions of the Restrictions and shall control the conduct of all other occupants and guests of the leased lot in order to ensure compliance with the foregoing. The Owner shall cause all occupants of his or her lot to comply with the Restrictions and shall be responsible for all violations by such occupants, notwithstanding the fact that such occupants are fully liable and may be separately sanctioned for any such violation. Unpaid fines shall, at the election of the Board, be recorded as a lien against the Lot, provided any such lien shall not be subject to non-judicial foreclosure under California Civil Code Sections 2924, 2924(b) and 2924(c). (2) Violation of Restrictions. Any violation of the Restrictions by the lessee, any occupant, or any guest of Lessee, shall be deemed a default under the terms fo the lease and shall authorize the Owner to terminate the lease without liability and to evict the lessee in accordance with California law. The Owner hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the lessee for breeches resulting from such violations, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof. If the Association proceeds to evict the4 lessee, any costs, including attorney’s fees and court costs, associated with the eviction shall be a Special Assessment and lien against the Lot. (3) Liability for Assessments. When a Lot Owner who is leasing his or her Lot fails to pay any Annual Assessment or other Assessment or any other charge to be paid by the Owner to the Association pursuant to this Declaration for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and upon request by the Board, lessee shall pay to the Association all such rent until all unpaid amounts owned by the Owner to the Association have been paid in full. All such payments made by lessee shall reduce, by the same amount, lessee’s obligation to make monthly rental payments to lessor. The above provision shall not be construed to release the Owner from any obligation, including the obligation for Assessments, for which he or she would otherwise be responsible.”

Real estate for sale: Rules and Regulations

"1. If a home is listed for sale, the homeowner shall notify the guardhouse in writing/fax of the name and real estate company, the listing agent.

2. Any agents visiting the listed property or bringing a prospective buyer to view the property shall identify himself/herself by showing his/her business card and Board of Realtor I.D. Card and the guard shall grant entry.

3. Open House when Real Estate For Sale: When a property has been documented as being listed for sale, through the above process, the listing agents may hold a real estate open house only through the following procedures: a. Written/fax notice to the guardhouse by the homeowner at least five (5) work days prior to the date of the open house. b. The listing agent or homeowner holding the open house will provide proper identification to the officer, who will review with the agent the application of the R&R. The agent will provide community maps detailing where the open house is located to the security officer to provide to prospects. c. The listing agent holding the open house, may authorize a prospect to the property, either by notifying the officer and identifying himself/herself and the prospect, or by the officer calling the agent at the open house property. When so authorized, the officer will issue a Guest Pass.

4. Home in Escrow: Guest passes may be issued to individuals for a home which is in escrow when one of the following criteria is met: a. Present owner may provide access to the purchaser and his/her representatives or contractors through the Guest Pass procedure stated herein or by providing written/fax notice of the escrow to the management company. b. Management company will expedite the information through the security company to the gatehouse. c. Once the officer has received the escrow notice, from the management company, the new owners may be issued a guest pass upon presenting appropriate identification.”

Signs: CC&Rs Article 8.4 "No sign, poster, display or other advertising device of any character shall be erected or maintained anywhere on the Property, or on any public street abutting or visible from the Property, or shown or displayed from ay Lot or Dwelling Unit thereon, without prior written consent of the Architectural Committee; provided, however, that the restrictions of this Section 8.4 shall not apply to any sign or notice of customary and reasonable dimensions which states that the Lot is for rent or sale or which expresses support or opposition for any political candidate or ballot measure, so long as it is consistent with the standards promulgated by the Architectural Committee in accordance with Section 4.2 hereof. Such sign or notice may be placed within a Lot but not upon any portion of the Association Property.”

Architectural Guidelines Part 2 para 8. Signs. "No sign, poster, billboard, advertising device, or other display of any kind shall be displayed so as to be visible from outside the Community. Contractors performing work on the individual lots may not post their company’ signs upon the owner’s lot. One sign of reasonable color and display qualities and having a maximum face area of four (4) square feet may be displayed on any lot advertising the sale or lease of the residence. Such signs are specifically excluded from being placed on any Common Area. Security signs are permitted."

This information is provided by the HOA Association.