By Laws and CC&Rs

Below are the By Laws and CC&Rs of the Almaden Cabana Club

  1. Principal Office
  2. Corporate Seal
  3. Membership
  4. Proprietary Members
  5. Certification of Membership
  6. Guest Members
  7. Dues and Assessments
  8. Membership Meetings
  9. Directors
  10. Officers
  11. Amendments
  12. Property Right of Members
  13. Ownership of More Than One Residential Unit

BY LAWS OF ALMADEN CABANA CLUB
(A Non-profit Corporation)

ARTICLE I: Principal Office

The principal office of the corporation shall be located at such place in the County of Santa Clara, State of California, as the Board of Directors may, from time to time establish. All meetings of the members and all meetings of the Board of Directors shall be held either at the principal office of the corporation or at such other place in the Counties of Santa Clara, San Mateo or San Francisco as the Board of Directors, from time to time, may determine upon.

ARTICLE II: Corporate Seal

The corporate seal shall consist of two concentric circles with the name “Almaden Cabana Club” and the word “California” between them and the words and figures “Incorporated January 8, 1968, California” and “a nonprofit corporation” within the smaller circle.

ARTICLE III: Membership

Section 1: There shall be one two classes of members: Proprietary Members and Guest Members.

Section 2: Members shall be natural persons over the age of eighteen (18) years.

Section 3: Except as herein, in these By-laws, otherwise expressly provided, in all matters which shall come before the members of the corporation, and in all corporate matters, the voting powers of the proprietary members shall be distributed equally per unit equal, with each proprietary member having one (1) vote (see Article XIII); guest members having no vote.

Section 4: No person shall hold more than one membership (see Article XIII).

Section 5: All members shall, in all respects, conform to and abide by the By-laws of the corporation, and all amendments and changes thereto, and any and all rules and regulations now or hereafter adopted by the Board of Directors.

Section 6: The Board of Directors shall have the right to discipline any proprietary member for violation of these By-laws or any rule or regulation of the corporation, or for conduct contrary to the best interests of the corporation. Any proprietary members guilty of such violation shall be notified thereof by the Secretary at least five (5) days prior to the meeting of the Board of Directors at which such violation is to be considered. Such member shall have the right to appear before the Board at such meeting and be heard. Suspension of a proprietary member shall require the majority affirmative vote of at least three (3) members of the Board of Directors. No proprietary member shall be suspended for more than thirty (30) days for any one violation, except in the case of failure to pay sums of money due the corporation.

Section 7: Any member who has been suspended shall be denied the privileges of the corporation during the term of such suspension.

Section 8: The Board of Directors, in its discretion, may exclude the privileges of the corporation to any person or persons for reasonable periods of time. The Board of Directors shall make such rules and regulations as it may deem proper respecting the use of the facilities of the corporation by guests of members and the fees to be charged therefore.

Section 9: The collection of any indebtedness of any member to the corporation for dues, assessments or other charges, shall be enforceable by the corporation at law.

Section 10: The corporation shall have no liability or responsibility, and no member or guest of a member, or any other person, shall have any claim against the corporation, for any personal injury to, or death of any member or guest, or for loss or damage to the property of any member or guest.

Section 11: Any loss or damage resulting to any of the properties of the corporation from the acts or conduct of any member, or the guest of a member, any indebtedness to the corporation incurred by the guest of a member, shall be assessed to such member and shall be paid as in the case of other assessments.

Section 12: Notice of any kind required to be given to any member shall be conclusively deemed to have been given when the same has been deposited in the United States mail, in a sealed envelope, postage prepaid, addressed to the member at the address shown on the books of the corporation, any notice so mailed to his last address known to the Secretary or to the address of the corporation, shall be deemed properly given and made.

ARTICLE IV: Proprietary Members

Section 1: The number of proprietary members shall not at any time exceed four hundred twenty-eight (428).

Section 2: Within the limits and provisions of Section 1 and 3 of this Article, proprietary memberships shall be limited and restricted to persons owning or residing in homes in the subdivision sometimes called “Almaden Park,” or Shadow Brook II, Santa Clara County, California (Tract 4174 and subsequent units).

Section 3: Each beneficial owner (as distinguished from a security owner) of a single family residential unit in said subdivision shall be a proprietary member, and there shall be no other qualifications for such membership, provided that if any such single family residential unit shall be owned by two or more persons, only one of such persons, as they may elect, shall be a member.

Section 4: Each such person shall have all of the rights and privileges of a proprietary member on filing with the Secretary proof of his qualification therefore, in such form as the Board of Directors may, from time to time, specify, and on payment of any dues or assessments then payable. All Such dues and assessments, in the amount fixed as herein provided, shall accrue and be payable by such proprietary member from the date title to such residential unit is conveyed to him or the date on which he first occupied such unit, whichever is the earlier.

Section 5: The proprietary members in good standing shall be entitled to use of all of the facilities and properties of the corporation, subject to such rules and regulations as the Board of Directors may, from time to time, prescribe.

Section 6: Persons residing with a proprietary member as a member of the household, shall have and enjoy the full privileges of the corporation to the same extent as such proprietary member, subject to such rules, regulations, restrictions and limitations as the Board or Directors may, from time to time prescribe.

ARTICLE V: Certification of Membership

Section 1: Each proprietary member shall be duly registered in his or her name upon the books of the corporation.

Section 2: Each proprietary member shall notify the corporation, in writing, of its intention to sell the property in questions fifteen (15) days prior to the close of escrow of any such sale. Said proprietary member shall include within such notice the name of the company handling the escrow. It should further be the duty of each proprietary member to make known to the escrow company, prior to the close of escrow, that the property carries with it a membership within this corporation and that said sale includes the transfer of the sellers rights to the buyer with regards to the rights within this corporation. The corporation address is:

Almaden Cabana Club
P.O. Box 20313
San Jose, CA 95160

Section 3: A transfer of membership shall be effective only after the same be registered upon the books of the corporation and by payment to the corporation of all indebtedness due to the corporation from the member surrendering transfer.

Section 4: A proprietary member may assign his membership rights to a tenant residing in said member’s residential unit, such assignment to be effective upon filing with the Secretary of the corporation a written notice and assumption agreement signed by the member and the tenant and in such form as the Board of Directors shall from time to time prescribe, provided that all such assigned rights shall revert to said member when said tenant shall cease to reside in said residential unit.

Section 5: All proprietary memberships in the corporation are liable for all indebtedness, dues, assessments, charges, fines and impositions accruing thereupon, against the member owning the same, until transferred upon the books of the corporation, as herein provided, and after such transfer a proprietary membership shall be liable in like manner, in the name of every subsequent transferee.

ARTICLE VI: Guest Members

Section 1: The Board of Directors may set a geographic boundary outside the subdivision described in Article IV, Section 2, as the limit for proprietary members. Persons residing in this wider geographic area may be invited to apply for Guest Membership. The setting of the boundary for the wider geographic area requires the approval of a 2/3 majority of the Board of Directors. Ratification of the area selected by the Board of Directors requires a majority vote of those persons at a general meeting.

Section 2: The Board of Directors may from time to time set a numerical limit on the number of Guest Memberships, in which case applications from residents of the geographic area of Section 1 will be accepted up to the limit, in the order received by the Secretary. This section has the same voting requirements as Section 1.

Section 3: Other than former proprietary members accepted as Guest Members under Article VI, Section 7, no criteria other than geographic and order of receipt will be used to determine Guest Membership.

Section 4: The Board of Directors may set the annual dues required of Guest Members and may require that such dues accompany any application for Guest Membership. The Board may also prorate the dues charged Guest Members accepted after the official opening of the pool.

Section 5: Guest Memberships are valid for a calendar year. A Guest Member is one whose dues have been paid and whose application has been accepted. Guest members may use and enjoy the facilities of the Almaden Cabana Club. They have no voting privileges.

Section 6: Persons residing with a Guest Member, as a member of the household, shall have and enjoy the full privileges of a Guest Member, subject to such rules, regulations, restrictions, and limitations as the Board of Directors may from time to time prescribe.

Section 7: The Board of Directors may create a special category of Guest Members, reserved for proprietary members who have moved out of the proprietary membership area.  This category shall be limited to no more than 5 Guest Members at any one time. Upon the addition of any new Guest Member under the special program, the next eligible Guest Member will also be admitted to the club from the regular Guest Member Waiting List. A waiting list of former proprietary members wanting to become Guest Members in this category may be maintained by the Board of Directors, such list to be separate from the waiting list for Guest Members. All guest members in this special category shall have and enjoy the full privileges of a Guest Member, and shall be subject to the rules, regulations, and limitations of Guest Members as listed in Article VI.

ARTICLE VII: Dues and Assessments

Section 1: The dues payable by each member shall be payable at such times as the Board of Directors shall determine. The Board of Directors may increase the dues for any class of member up to 10% per year above the previous year’s dues. The amount of said dues shall not be otherwise changed, except upon vote or written consent of the majority of proprietary members.

Section 2: No assessment shall be made or levied for the purpose of making any capital addition or improvement to the property of facilities of the corporation without approval of at least two-thirds (⅔) of the ballots cast. Notification of any proposed assessment will be provided to proprietary Members via U.S. mail not less than 30 days in advance of the vote.

Section 3: All dues, assessments and other charges referred to herein are free of governmental taxes.

Section 4: The Board of Directors at any meeting, after notice and hearing as provided in Article III, Section 6, may impose a fine, not to exceed Fifty Dollars ($50.00) for any single infraction or violation, against any member or any person enjoying the privileges of the corporation, for any infraction or violation of these By-laws or of the rules and regulations of the corporation, and the amount of such fine shall be payable (in the same manner and at the same time as dues, assessments, and other charges are payable).

Section 5: If a member fails to pay any dues, fines, assessments, or other indebtedness within fifteen (15) days after the same become due, the Secretary shall notify such member of his delinquency. If such indebtedness shall not be paid within fifteen (15) days after such notice, the Board may at its option i) charge the member interest on the outstanding amount, such interest to compound at a rate not to exceed one half of one percent (½%) per month, and ii) place a lien on the memberʼs property equal to the amount owed by the member, including any interest or legal costs, and iii) suspend the member from the Club. The Secretary shall notify the member of the steps being taken by the Board to recover the debt.

Section 6: The name of any delinquent member, and the amount owing by may be posted in a conspicuous place on the property of the corporation.

Section 7: The transfer fee payable to the corporation on the transfer of a certification of membership shall be in such amount as the Board of Directors may, from time to time, fix.

Section 8: Any legal or other costs incurred on behalf of the Club by the Board of Directors in fulfilling its obligations under this Article may be added to any debt outstanding to the member, and such costs be included in assessment of interest charged, or amount of any lien placed on the memberʼs property.

ARTICLE VIII: Membership Meetings

Section 1: The regular annual meeting of the proprietary members shall be held during October of each year, or during such other month as the Board of Directors may from time to time determine, on a day to be fixed by the Board of Directors at least fifteen (l5) days prior to such meeting.

Section 2: Special meetings of the proprietary members for any purpose may be called at any time by the president, the Board of Directors, or upon the written request of forty (40) proprietary members.

Section 3: Notice of the regular annual meeting and of each special meeting of the proprietary members shall be given by the Secretary to each proprietary member of the corporation at least ten (10) days and not more than sixty (60) days prior to such meeting, and such notice shall specify the date, time and place of such meeting and the general nature of the business to be transacted thereat.

Section 4: Proprietary members may vote at any meeting either in person, or by proxy in writing or by electronic message filed with the Secretary. No proxy shall be valid after the expiration of eleven (11) months from the date of its execution; and a proxy is revoked upon transfer of a proprietary membership by the person executing such proxy. A quorum for the transaction of business shall consist of at least twenty percent (20%) of the proprietary members, present either in person or by proxy. The proprietary members present at a duly called meeting at which a quorum is present may continue to do business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum

Section 5: Except otherwise expressly provided in these By-laws, or by law, the vote of a majority of the proprietary members present at any duly and regularly called meeting at which a quorum is present, shall be and constitute the act of the members.

Section 6: In the event that a quorum for the transaction of business is not met, the Board of Directors shall assume the proxy voting rights for those proprietary members not present by either personal attendance or by proxy.

ARTICLE IX: Directors

Section 1: All of the powers of the corporation shall be vested in and shall be exercised by, and the properties of the corporation controlled by, and the affairs of the corporation conducted by a Board to be known as the Board of Directors. The Board of Directors shall constitute the governing body of the corporation and shall be empowered to do any and all things necessary or proper to carry out the objects and purposes of the corporation consistent with law, the Articles of Incorporation and these By-laws. The Board of Directors shall consist of nine (9) voting members, composed of four (4) officers and five (5) proprietary directors, and a number of non-voting Directors as set from time to time by proprietary members; all elected as hereinafter provided.

Section 2: The Directors shall be elected at the regular annual meeting as members and shall hold office for a period of one (1) year or until their successors have been elected and are ready to enter upon the duties of the office. Voting Directors shall be proprietary members, and all Directors shall be elected by the proprietary members.

Section 3: (a) In the event of a vacancy on the Board, the remaining Directors shall appoint an appropriate member to fill the vacancy, and the person so named shall hold office upon the duties of the office.

Section 4: A quorum of the Board of Directors shall be at least five (5) voting members thereof. Any action of the Board of Directors shall require a majority vote of the voting members present.

Section 5: Any member of the Board of Directors who shall be absent from its meetings without leave voted by the Board, may be considered as having resigned, and the vacancy thus created shall be filled as herein above provided.

Section 6: The members of the Board of Directors shall receive no compensation for acting as Directors, provided, however, if any Director perform services for the corporation other than as a Director, he may be compensated therefore as the Board of Directors may determine, provided however, that no Director may be so compensated except upon the unanimous vote or written consent of the Board of Directors.

Section 7: Regular meetings of the Board of Directors shall be held at such time and on such day and at such price as the Board, by resolution, may, from time to time, determine. Special meetings of the Board of Directors may be called by the President or any two (2) voting members of the Board of Directors and shall be held at the principal office of the corporation or at such other place as the Board may select. Notice of all meetings of the Board of Directors shall be given by the Secretary of the corporation to each member of the Board at least forty-eight (48) hours prior to the time of such meeting. Such notice shall be either verbal, by telephone in writing or by electronic communication.

Section 8: The Board of Directors shall have the power, and shall:

  1. Make and prescribe rules and regulations for the conduct of the members and the use of the properties and facilities of the corporation.
  2. Make and prescribe rules and regulations necessary or convenient for carrying into effect the requirements of these By-laws, and such other rules and regulations as, in the judgment of the Directors, may be proper, provided that such rules and regulations shall not be contrary to applicable statutes or governmental rules or regulations.
  3. Conduct, manage and control the affairs and business of the corporation.
  4. Appoint and remove as necessary all agents and employees of the corporation, prescribe their duties, fix their compensation, and if deemed necessary, require from them security for the faithful performance of their duties.
  5. Authorize all necessary expenditures and incur indebtedness from time to time, and secure payment thereof by pledge, hypothecation, mortgage, indenture, deed of trust, or other form of security.
  6. Except as otherwise herein provided, deal conclusively with all matters relating to the discipline of members, and as it may deem proper, suspend or fine a member for infraction of the rules, regulations or By-laws.
  7. Construe or interpret these By-laws.
  8. Keep or appoint one or more of the officers of the corporation to keep a complete record of all minutes and to present at the regular annual meeting of the members a full statement showing in detail the assets and liabilities of the corporation and its income and expenses.
  9. The specification of particular powers and duties herein shall not be construed to in any manner or to any extent limit or restrict the powers and duties of the Board of Directors, and the Board of Directors shall do all thing necessary and proper for the control, management and operations of the corporation, its properties and affairs.

Section 9: The Board of Directors may create such committees as in its judgement may be necessary for properly conducting the affairs of the corporation. The members of such committees shall be members of the corporation. The Board of Directors may delegate to the President the authority to appoint the members of such committee.

Section 10: Any action required or permitted to be taken by the Board of Directors may be taken without a meeting if all voting members of the Board individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as a unanimous vote of the Directors.

ARTICLE X: Officers

Section 1: The officers of the corporation shall be a President, a Vice President, a Secretary, a Treasurer. The offices of Secretary and Treasurer may be held by the same person. The President, Vice President, Secretary and Treasurer shall each be a proprietary member, or an adult member at the household of a proprietary member.

Section 2: The officers of the corporation shall be elected annually by the proprietary members at the regular annual meeting of the members. Unless he shall sooner resign or shall be removed, or otherwise disqualified to serve, each officer shall hold office for a period of one (1) year, or until a successor has been elected and is ready to enter upon the duties of the office. A vacancy in any office, for any reasons, shall be filled by the Board of Directors, until such time as a successor is elected by the proprietary members, either at a special meeting called for that purpose, or at the next regular annual meeting of the members.

Section 3: Any officer may be removed from office, either with or without cause, by the majority vote of the proprietary members present at any regular or special meeting at which a quorum is present. Any officer may resign at any time by giving written notice to the corporation, and any such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified, the acceptance of such resignation shall not be necessary to make it effective.

Section 4: The President, subject to the direction and control of the Board of Directors, shall be the principal executive officer of the corporation, and shall in general supervise and control all of the business and affairs of the corporation. He shall preside at all meetings of the members and shall attend all meetings of the Board of Directors. He shall be an ex-officio member of all committees. He shall execute as President all deeds, contracts and other instruments in writing which have been first approved by the Board of Directors, provided that the Board of Directors may delegate authority to execute any such document or instrument in writing to any other officer of the corporation or to a member of the Board of Directors. He shall render a report annually to the members, and shall perform such other duties and have such other powers as shall be, from time to time, assigned to him by the Board of Directors.

Section 5: In the absence of the President, or in the event of his inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting, shall have all of the powers of, and be subject to all the restrictions upon the President. The Vice President shall perform such other duties and have such other powers as shall be, from time to time, assigned to him by the Board of Directors.

Section 6: In the absence of the President and Vice President, or in the event of their inability or refusal to act, the Board of Directors shall appoint a proprietary member as Acting President, in whom shall be vested for the time being all the duties, functions and powers of the President.

Section 7: The Secretary shall keep a record of the proceedings of all meetings of the members and of the Board of Directors, give all notices required by law or by these Bylaws, have custody of the corporate books, records and documents and the corporate seal, keep and maintain a register of the members, and in general perform all duties incident to the office of Secretary, and such other duties as, from time to time, may be assigned to him by the Board of Directors.

Section 8: The Treasurer shall supervise the accounting records of the corporation and shall have charge and custody of, and be responsible for all funds and securities of the corporation; receive and give receipts for all monies paid to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks or other depositories as shall be designated by the Board of Directors, which funds shall be withdrawn by such person or persons as the Board of Directors shall, from time to time, designate, and in general perform all of the duties incident to the office of Treasurer, and such other duties as, from time to time, may be assigned to him by the Board of Directors.

ARTICLE XI: Amendments

Section 1: The Articles of Incorporation of By-laws may be altered, amended or repealed by the members only by:

The written assent of a majority of proprietary members, or the vote of a majority of the proprietary members present, either in person or by proxy, at any annual meeting or at a special meeting duly called for such purpose, at which a quorum is present provided, however, that no vote in regard to alteration, amendment or repeal of the Articles of Incorporation or By-laws shall be taken at any meeting of proprietary members unless the nature of the action proposed to be taken in regard to alteration, amendment or repeal has been fully set forth in the notice of such meeting previously given to the proprietary members.

Section 2: Except as otherwise provided in these By-laws, other than a by-law or amendment thereof changing the authorized number of Directors, these by-laws may be adopted, amended or repealed by the Board of Directors, provided any such action of the Board of Directors adopting, amending or repealing any By-law shall require the affirmative vote of at least three (3) Directors, and providing further that the authority of the Board of Directors to adopt, amend or repeal by-laws shall be exercised only in the event that such adoption, amendment or repeal is required by or is necessary to conform with the requirement of a governmental body or governmental agency.

ARTICLE XII: Property Right of Members

Section 1: The proprietary members shall during the existence in good standing of their membership, be the beneficial owners of all of the properties and assets of the corporation, each in an undivided share. Such beneficial interests of the proprietary members cannot be alienated, transferred, assigned, bequeathed, devised or passed by the laws of inheritance or intestate succession or any judicial proceeding or by the operation of any law or in any other manner. In the event of the dissolution of this corporation, in accordance with applicable proceedings as provided by law, all property, cash and assets of this corporation shall be distributed and paid over to the proprietary members then in good standing, share and share alike.

ARTICLE XIII: Ownership of More Than One Residential Unit

Section 1: If and in the event that any proprietary member shall be the beneficial owner (as distinguished from a security owner) of more than one (1) single family residential unit in said subdivision, such proprietary member (any other provision of these By-laws to the contrary or apparently to the contrary notwithstanding) shall be entitled to as many votes as the number of such units so owned, and shall have the rights and obligations of a proprietary member with respect to each such unit owned, to the end that the rights and obligations of such proprietary member shall be the same as though such member held a separate proprietary membership for each such unit so owned.

By Laws last updated Tuesday, April 27, 2010
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CC&Rs
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

WHEREAS, PALO ALTO DEVELOPMENT CORPORATlON, a California corporation (hereinafter called “Grantor: is the owner of all that certain real property described in Exhibit B attached hereto; and

WHEREAS, Grantor has subdivided the said real property which is described in Exhibit B attached hereto (hereinafter called the “Subdivided Property”) and desires to impose thereon mutually beneficial restrictions under a general plan or scheme of improvement for the benefit of all of said Subdivided Property, the structures thereon and the future owners thereof;

NOW, THEREFORE, the Grantor hereby declares that all of the Subdivided Property is held and shall be held, conveyed, encumbered leased, rented, used, occupied and improved subject to the following uniform restrictions, covenants, conditions and equitable servitudes, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of said real property and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of said real property and every part thereof. All of the covenants, restrictions, conditions and equitable servitudes shall run with the Subdivided Property and shall be binding on all parties having or acquiring any right, title or interest in said property or any part thereof, and shall be for the benefit of each owner of any portion of said property, or any interest therein, and the mortgagees of any owner, and shall incur to the benefit of and be binding upon each successor in interest of the owners thereof.

  1. Definitions. As used in this declaration, the following terms shall have the meaning indicated, except as may be expressly otherwise provided herein:
    1. “Subdivided Property” means the real property which is described in Exhibit B attached hereto and in any amendments to said Exhibit B made in the manner provided by Paragraph 10(b) hereof,
    2. “Lot” means a single family residential lot designated as such on any subdivision map relating to any of the real property described in Exhibit B, as amended from time to time, or a lot shown on such map that is not designated as a single family residential lot but is used for single family residential purposes, and the word “Lot” shall be deemed to include any improvements which may be constructed thereon from time to time; provided, however, that any property that is conveyed to the Club described in subparagraph (f) and used by it for recreational purposes shall not be deemed to be a Lot or Lots for the purposes of these restrictions, nor shall any property that is used as a church or public school and on which the original structure or building- was not designed for residential use be deemed to be a Lot or Lots for the purposes of these restrictions; and provided further that any Lot designated on any subdivision map relating to any of the real property described in Exhibit B, as amended from time to time, for use other than single family residential uses shall not be deemed to he a Lot or tots for the purposes of these restrictions.
    3. “Owner” means the holder of record title to a Lot; provided, however, that ; if one holding record title has entered into a contract to sell his Lot and such contract has been recorded, the purchaser thereunder shall be deemed Owner.
    4. “Mortgage” means a voluntary lien against a Lot and shall include a deed of trust,
    5. “Mortgagee” means the original lender under a mortgage and its successors and shall include the holder of a beneficial interest under a deed of trust.
    6. “Club” means Almaden Cabana Club, a California non-profit corporation, the primary purpose of which is to provide swimming facilities for the owners of residential Lots located upon the real Property described in Exhibit A.
    7. “Restrictions” means the covenants, conditions and restrictions contained herein.
  2. Enforcement of Restrictions. Grantor or its nominee or any Owner who is not in default hereunder, shall be entitled to bring an action for damages against any defaulting Owner or Owners and/or to enjoin any violation of these restrictions, and may prosecute any other appropriate legal or equitable action that may be necessary under the existing facts.
  3. Completion of Construction. Any building on any Lot the construction of which has been started shall be completed without unreasonable delay, except when such delay is caused by acts of God, strikes, actual inability of the Owner to procure delivery of necessary material or by interference by other persons or forces beyond the control of the Owner to prevent,
  4. Use of Lots shall be occupied and used as follows:
    1. No Lot (as “Lot” is defined in paragraph l(b) above) shall be used except for single family residential purposes. No dwelling designed for occupancy by a single family shall be occupied by more than one family, nor shall any such dwelling exceed two and one-half (2-1/2) stories in height. No structure of a temporary character, trailer, tent, garage, or outbuilding shall be used on ant Lot at any time as a residence either temporarily or permanently.
    2. No residential structure shall be erected or placed on any Lot, which Lot has an area of less than eight thousand (8,000) square feet or a width of less than sixty (60) feet at the front building setback line, except that a residential building may be erected or placed on any Lot shown on a subdivision map of any of the Subdivided Property .
    3. The ground floor area of the main structure of any single family dwelling, exclusive of one-story open porches and garages, shall not be less than one thousand six hundred (1,600) square feet in the case of a one-story structure, nor less than nine hundred (900) square feet in the case of a split-level structure or a structure of more than one story.
    4. Any single family dwelling erected, constructed or placed on any Lot shall cost and be fairly worth not less than Fifteen Thousand Dollars ($15, 000.00), based upon cost levels prevailing on the date these covenants are recorded.
    5. Without the approval of the Committee referred to in paragraph 5, no fence, hedge or wall of any type shall be erected or permitted on any Lot closer than fifteen (15) feet to the front property line thereof, nor closer than eight (8) feet to the side property line of corner Lots, nor shall any sign of any kind be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale or rent, provided, however, that Grantor or its agents or nominees may, during the construction and sales period for any of the property described in Exhibit A, erect and display larger signs and construct, maintain and operate sales offices.
    6. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line. connecting them at points twenty-five (25) feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property, line with the edge of a driveway or alley pavement. No tree shall be Permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines,
    7. No animals, fowls or birds may be kept or bred for commercial purposes on any Lot. Only conventional and customary household pets shall be permitted to be kept on any Lot and only in reasonable numbers and of such types so as not to cause an annoyance or nuisance to the neighborhood,
    8. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any portion of the Subdivided Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted thereon, No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Subdivided Property,
    9. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of such material shall he kept in a clean and sanitary condition .
    10. No Owner of any Lot shall permit anything to be done or kept on a Lot which will result in cancellation of insurance on any part of the Subdivided Property or which would be in violation of any law.
    11. No noxious or offensive activity shall be conducted on or about any Lot.
    12. No building shall be erected, placed or altered on any Lot until the, construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. The Committee shall grant its approval if the proposed work is not detrimental to the Subdivided Property and is to be carried out in a manner generally consistent with the plan of development thereof. The Committee’s approval or disapproval sha11 be in writing. In the event that the Committee fails to approve or disapprove within thirty (30) days after the appropriate plans and specifications have been submitted to it, or in any event, if no suit to enjoin such work has been commenced before completion thereof, approval will be deemed given and compliance with the terms of this paragraph conclusively presumed. No mast, pole, tower, antenna (other than a television antenna), or similar structure shall be erected, installed or maintained on or about any Lot or any portion of any improvement thereon except with the approval of the Architectural Control Committee. Any mast, tower, antenna or similar structure installed or maintained in violation of the foregoing restrictive provision shall not be deemed to comply with these restrictions by virtue of the completion thereof without commencement of suit to enjoin such work, the other provisions of this subparagraph (i) to the contrary notwithstanding.
    13. The Architectural Control Committee and its representatives shall have the right to inspect the work referred to in subparagraph (i) from time to time prior to its completion. The Committee shall have the authority to order an abatement of such work to the extent it fails to conform to the plans and specifications approved by the committee.
    14. Easements are reserved as shown on the recorded map of the Subdivided Property. Said easements may be used for the purpose of installing and maintaining sanitary and storm sewers, gas and water pipe lines and electric power and telephone lines, pole lines, utilities, rights of way, television cable facilities, drainage facilities, and other uses for public or quasi-public good. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the casements, or which may interfere with the free use of the easements for the purposes intended. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.
    15. No building on a Lot shall be located nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the recorded subdivision map. in any event, no building on a Lot shall he located nearer than twenty-five (25) feet to the front Lot line or nearer than twelve and one-half (12-1/2) feet to any side street line. No building on a Lot shall be located nearer than five (5) feet from any interior side-Lot line. For the purposes of this subparagraph, eaves, chimneys, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot,
  5. Architectural Control Committee.
    1. There shall be an Architectural Control Committee (hereinafter called the “Committee”), which shall have the authority to perform the functions set forth in paragraphs 4(e), 4(l) and 6 of these Restrictions.
    2. Grantor or its nominee shall have the power to appoint the Committee and to change the membership thereof, and, in the event of death or resignation of any member of the Committee, to appoint successors, until the earliest of the following dates: (i) at such time as ninety percent (90%) or more of the Lots then designated on any recorded subdivision map or maps covering any part of the property described in Exhibit A are owned by persons other than Grantor (or its related successors in interest), or (ii) on December 31, 1977, or three (3) years from and after the date of the last Final Subdivision Public Report issued by the Division of Real Estate of the State of California and covering any part of the property described in Exhibit A (whichever is later) thereafter the then Owners of fifty-one percent (51%) of such Lots shall have the right by a duly recorded written instrument signed and acknowledged by such Owners to appoint the Committee and change the membership thereof, or to withdraw from the Committee or restore to it any of its powers and duties. Any amendments to this Paragraph 5 shall be effective only if accomplished in the manner provided for in paragraph 10(b) hereof. Grantor hereby appoints, as first members of the Architectural Control Committee John C. Mackay, E. S. Clifford and L. E. Newman. The acts of such Committee shall be by a majority vote, and by such vote the Committee may designate a representative to act for it,
  6. Damage to or Destruction of Improvements. If, following damage or destruction by fire or other casualty affecting any improvement upon a Lot the Owner thereof elects to repair or reconstruct the same, such repair or reconstructions shall be subject to the provisions of subparagraphs (l) and (m) of paragraph 4 hereof.
  7. Almaden Cabana Club.
    1. Each beneficial Owner (as distinguished from a security owner) of a single family residential unit on the property described in Exhibit B hereto (as Exhibit B shall from time to time be amended), other than Grantor, shall, in accordance with and subject to the laws of the State of California governing non-profit corporations, be a proprietary member of Almaden Cabana Club, a corporation organized and incorporated pursuant to the General Non-profit Corporation Law of the State of California on January 8, 1968 ,and there shall be no other qualification for such membership,, provided that if any such single family residential unit shall be owned b. two, or more persons, only one of such persons as they may elect shall be a member. Each such person shall, in accordance with and subject to the laws of the State of California governing non-profit corporations, have all of the rights and privileges of a proprietary member in accordance with the by-laws of said non-profit corporation, on filing with the Secretary of said non-profit corporation proof of his qualification therefor, and on payment of any dues or assessments then payable. All dues and assessments, in the amount fixed as provided in said by-laws, shall accrue and be payable by such proprietary member from the date title to such residential unit is conveyed to him or the date on which he first occupied such unit, whichever is the earlier, and all dues and assessments, if not paid within thirty (30) days after the same become due and payable, shall, upon the recording at any time thereafter of a claim of lien by said non-profit corporation, be and become lien on the said proprietary member’s residential unit, and said non-profit corporation shall then have the right to enforce the payment of said dues and assessments in accordance with the Laws of the State of California governing foreclosure and enforcement of liens. If and in the event that any proprietary member of said Almaden Cabana Club shall be the beneficial owner (as distinguished from a security owner) of more than one single family residential unit on the property described in Exhibit B hereto (as Exhibit B shall from time to time be amended), such proprietary member shall have the rights, privileges and obligations of a proprietary member with respect to each such Unit so owned, and each such unit so owned shall be subject to the lien provided for in this paragraph, to the end that the rights, privileges and obligations of such proprietary member shall be the same as though such member held a separate proprietary membership for each such unit so owned.
    2. If, during any calendar year, the dues and assessments payable by proprietary members of said Almaden Cabana Club are not sufficient in amount to cover the reasonable cash operating expenditures of said Club for such year, and if Grantor does not during such year advance to said Club such funds as may reasonably be required to cover any resulting cash operating deficit, then Grantor, as of December 31 of such year, shall, with respect separately and severally to each Lot within the property described in Exhibit B hereto (as Exhibit B shall from time to time be amended) then owned by Grantor, be obligated to pay to said Club an amount equal to the dues and assessments payable by a proprietary member for such year.
    3. If Grantor becomes obligated to make payments to said Club pursuant to the provisions of subparagraph 7(b) above. such payments shall be due and payable as of December 31 of the year in question. If not paid to said Club within thirty (30) days thereafter, the amount payable by Grantor with respect to each Lot owned by Grantor shall, upon the recording at any time thereafter of a claim of lien by said non-profit corporation, be and become a lien on such Lot, and said non-profit corporation shall then have the right to enforce the payment of such sum in accordance with the laws of the State of California governing foreclosure and enforcement of liens.
    4. Nothing contained in this paragraph 7 shall impair or defeat the lien of any Mortgage, but title to any property subject to this paragraph 7 obtained through sale in satisfaction of any Mortgage shall be free of the Lien created by this paragraph 7 for all charges that have accrued up to the time of such sale, but subject to the lien created by this paragraph 7 for all charges accruing thereafter.
    5. The word “Grantor”, as used in this paragraph 7 shall have thee same meaning as in paragraph 8, below.
  8. Rights of Grantor. As used in this Paragraph, the word “Grantor” shall be deemed to include Palo Alto Development Corporation, a California corporation, and any successor in interest holding title for the purpose of construction and sale of residences, and the representatives of Grantor and any such successor. Grantor has undertaken or will undertake the work of constructing residences and incidental improvements upon Lots located upon the Subdivided Property. The completion of that work and the sale and other disposal of said residences is essential to the improvement of said property. In order that said work may be completed as rapidly as possible, nothing in this declaration shall be understood or construed to:
    1. Prevent Grantor from doing on said property or any part thereof whatever is reasonably necessary or advisable in connection with the completion of said work;
    2. Prevent Grantor from erecting, constructing and maintaining an any part or parts of said property owned or controlled by Grantor such structures as may be reasonably necessary for the conduct of its business of completing said work and of disposing of said property in parcels by sale, lease or otherwise, including without limiting the generality of the foregoing, model homes and tract construction and sales offices,
    3. Prevent Grantor from conducting on any part or parts of Said property owned or controlled by Grantor its business of completing said work and of disposing of said property in parcels by sale, lease or otherwise; or
    4. Prevent Grantor from erecting, constructing and maintaining such sign or signs on any Lot or Lots owned or controlled by Grantor as may in the sole judgment of Grantor be reasonably necessary for the purposes set forth in this paragraph.
  9. Any amendment to this paragraph shall be effective only if accomplished in the manner provided for amendment of paragraph 10(b) hereof.
  10. Interpretation. The provisions of this declaration shall be liberally construed to effectuate their purpose of creating a uniform plan for the subdivision and improvement of the Subdivided Property. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof.
  11.  Amendment.
    1. Except as otherwise provided herein, the provisions of these restrictions may be amended by an instrument in writing signed and acknowledged by the holders of record title to at least ninety percent (90%) of the Lots which are, immediately prior to recordation of such instrument, subject to these restrictions, which amendment shall be effective upon recordation in the Office of the Recorder of the County of Santa Clara.
    2. Except as otherwise provided herein, the provisions of these restrictions may also be amended by an instrument in writing signed and acknowledged by Grantor (or Grantor’s nominee) and by the holders of record title to at least a majority of the Lots which are, immediately prior to recordation of such instrument subject to these restrictions, which amendment shall be effective upon recordation in the Office of the Recorder of the County of Santa Clara.
    3. Notwithstanding any provisions of these restrictions to the contrary, Grantor (or Grantor’s nominee) shall have the right to amend Exhibit B from time to time by adding thereto a description of any portion of the real Property described in Exhibit A then owned by Grantor (or its nominee). Such amendment if recorded prior to December 31, 1977, or within three years from and after the date of the last Final Subdivision Public Report issued by the Division of Real Estate of the State of California and covering any part of the property described in Exhibit A (whichever is the later) shall not require the consent of any Owner other than Grantor, or of any Mortgagee, and shall be effective upon the recordation in the Office of the Recorder of the County of Santa Clara of an instrument setting forth said amendment which has been executed and acknowledged by Grantor or Grantor’s nominee. Any amendment to this subparagraph (b) of paragraph 10 shall be effected only by an instrument in writing signed and acknowledged by Grantor and by the holders of record title to at least ninety percent (90%) of the Lots subject to these restrictions and by all Mortgagees holding mortgages on any part of the real property described in Exhibit B, as amended from time to time. Any such amendment to this subparagraph (b) of paragraph 10 shall be effective upon recordation in the Office of the Recorder of the County of Santa Clara.
  12. Termination of Restrictions. These covenants, conditions and restrictions shall continue for a period of thirty-five (35) years following the date of this declaration and shall be automatically extended for successive periods of ten (10) years unless an instrument executed and acknowledged by the Owners of a majority of tile Lots located in the Subdivided Property has been recorded revoking this provision for automatic extension.
  13. Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.
  14. Subordination. Nothing contained in the restrictions shall defeat, impair, or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to the premises subject to these restrictions or any part thereof, but these restrictions shall be binding upon and effective against any Owner of said premises or any part thereof whose title thereto is acquired by foreclosure, Trustee’s sale or otherwise.
  15. Waiver of Breach. No waiver of the breach of any covenant or restriction herein contained, shall be a waiver of any succeeding breach of the same or any other covenant or restriction.
  16. Dated this 29 day of April, 1968

 

NOTES:

  • This document is presented for your information only and should not be considered a substitute for the document provided in escrow when purchasing your property.
  • This document may contain errors introduced during the process of converting a scanned image to machine readable text.
  • This document includes updated verbiage for section 4(l) as amended on 12/27/1973 and 9/18/1974.
  • If you have any questions or comments regarding this document, please contact any member of the Almaden Cabana Club Board of Directors.

CC&Rs last updated Tuesday, April 27, 2010
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