lincoln crossing community association

LCCA Community Rules/04.11.13 Supersedes 06/14/12

LINCOLN CROSSING COMMUNITY ASSOCIATIO N

RULES, POLICIES & PROC EDURES

(Club Lincoln Rules apply to all Members of Lincoln Crossing. The Sub-Associations: Meridian-Equinox, Sierra View & The Courtyards

have Community Rules & Procedures specific to their community)

Revised: ___Section V - 4/11/13 Supercedes: 06.14.12


LINCOLN CROSSING COMMUNITY ASSOCIATION Community Rules, Policies & Procedures

(Do not Apply to Sub-associations: Meridian-Equinox; Sierra View; The Courtyards,

which have Rules & Procedures specific to their community).

TABLE OF CONTENTS

Section: Page

I. Introduction…………………………………………………………………………….. 1 II. Property Restrictions (not all-inclusive)

A. Nuisances ……………………………………………………………………….. 1 B. Home Rentals (Membership Rights) …………………………………………… 1-2 C. Garbage and Refuse Disposal ………………………………………………....... 2

D. Storage ………………………………………………………………………...... 2 E. Home Businesses………………………………………………………………… 2 F. Parking Rules ……………………………………………………………………. 3-4

G. Sign Rules ………………………………………………………………….……. 4-5 H. Pet Rules ………………………………………………………………. ..…….... 5

I. Basketball Standards & Outdoor Sports Apparatus……………………….…...... 6 J. Common Area Damage ……………………………………………………….… 6 K. Modifications Visible from Common Area………….………………...…..…….. 6 III. Quality of Care………………………………………………………………………….. 1 IV. Club Lincoln Introduction …………………………………………………………….. 1

V. Club Lincoln Membership & Rules …(Applies to all Members)………………………… 1 A. Membership Application ……………………………………………………….. 1 B. Common Area…………………………………………………………………… 2 C. Club Access Requirements …………………………………………………….. 2 D. Guests & Nanny Passes…………………………………………………………. 2-3 E. Facility Rental Rules…………………………………………………………….. 4-5 F. Game Center (The Wave)……………………………………………………….. 6 G. Fitness Center………………………………………………………………...…. 6 H. Pool & Spa ………………………………………………………………….…... 6-8

VI. Violation Enforcement Procedure ................................................................................. 1 A. Neighbor-to-neighbor Resolutions …………………………………………….. 1

B. Violation Enforcement Procedure & Fine Schedule……………………………. 1-2 C. Assessment Delinquency Enforcement Procedure…………………………….... 2-3

D. Dispute Resolution ……………………………………………………………… 3

i


LINCOLN CROSSING COMMUNITY ASSOCIATION

Community Rules, Policies & Procedures I. INTRODUCTION

The Lincoln Crossing Community Association (“Association” or “LCCA”) is a California non-profit Association consisting of those Owners of residences within the ultimate boundaries of Lincoln Crossing (The “Community” or “Covered Property”). The LCCA consists of approximately 2,900 homes, some of which are within the boundaries of three sub-associations (Meridian & Equinox, Sierra View and The Courtyards). The governing documents and annual budget are to be provided to each owner by the seller in escrow. Each Sub-Association has a Board of Directors, governing documents, annual budget, and Rules and procedures specific to their community.

The LCCA Bylaws set forth the purpose of and business procedures for the Association. Every owner of a separate interest within Lincoln Crossing is a Member of the Association with certain rights and restrictions. The Members elect a Board of Directors, which has the duty and authority to establish an annual budget, to set policy and to make prudent business decisions on behalf of the Members.

The purpose of the Association is to ensure that the Common Area will be maintained in an attractive manner and will be available for the enjoyment of all Members. Your automatic membership in the Association provides a membership base to share the costs of maintaining the community now and in the future. The sub-association owners pay two monthly assessments: one to the LCCA and the other to their sub-association in accordance with their governing documents.

Each Member is required to provide the Association with their current mailing address for delivery of Association correspondence and notices.

The LCCA Board of Directors has contracts with a management company and other service vendors to assist in maintaining the common area and in implementing and enforcing the rules and policies of the Association per the governing documents or as adopted by the Board of Directors. These individuals are delegated very limited decision-making authority and work at the direction of the Board of Directors.

The following Community Rules, Policies & Procedures have been adopted pursuant to Section 2.8 of the Master Declaration of Covenants, Conditions and Restrictions for Lincoln Crossing (CC&Rs) and were developed with consideration given to providing each Member with the greatest enjoyment of the facilities without infringing on other Members and their rights to quiet enjoyment of their homes and community.

Although these Rules support and offer clarification to sections of the CC&R’s and Bylaws, they are not all-inclusive. Please read the CC&R’s and other governing documents carefully.

Questions or Concerns: - Contact management staff at Club Lincoln; - Direct written communications to the Board of Directors via email or

first class mail to the General Manager; - Owners may attend Monthly Board Meetings (Date & Time of meeting & Agenda to be posted at Club Lincoln and on Association Website)

___________________________________________________ Lincoln Crossing is surrounded by a Nature Preserve, which is owned and maintained by the City of Lincoln in accordance with standards set by the Army Corps of Engineers. Please stay on the walking paths, do not litter, and obey the posted rules. BE ALERT TO POTENTIAL DANGERS. Do not walk alone and be cautious since various types of wildlife, some of which are dangerous, are known to inhabit the area. No boating or fishing is allowed. Pets are to be kept on a leash and pet waste removed and discarded (doggie valets are throughout the Preserve for your convenience). The building of forts, skate ramps or other modifications within the Preserve is prohibited. Owners whose lots are adjacent to the Preserve may not install access gates in the fence or plant, clear brush or otherwise landscape in The Preserve area. To request maintenance of the Preserve or to report other concerns contact: City of Lincoln at 916-645-5298.

Section I – Page 1 of 1


II. PROPERTY USE RESTRICTIONS (CC&Rs Article 8)

This document, although not all-inclusive, is intended to provide general information and clarification of specific sections of the Association’s CC&Rs and Bylaws and includes other Rules established by the Board of Directors. The Member is expected to review and become familiar the governing documents in their entirety. Call Club Lincoln if you have any questions.

A. NUISANCES

1. No noxious or offensive trade activity or noise generation shall be carried on upon any Lot, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to the neighborhood, or which shall in any way interfere with the quiet enjoyment of each owner of his/her respective lot (including excessive dog barking or other animal noise), or which shall in any way increase the rate of insurance.

2. No exterior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), live bands, noisy or smoky vehicles, large or noisy power equipment or tools, off-road motor vehicles or other items which may unreasonably disturb other Owners, or their tenants or guests, shall be located, used or placed on any portion of the Lot without the prior written approval of the Board.

3. Alarm devices used exclusively to protect the security of a Lot or Common Area, and its contents shall be permitted, provided that such devices do not produce annoying sounds or conditions as a result of frequently–occurring false alarms.

4. Any use of the Lot by any Owner or Invitee (a) in violation of the terms of the CC&R’s, or (b) in violation of any applicable law or ordinance, shall be deemed a nuisance.

B. HOME RENTALS (Membership Rights - Bylaws Article VI)

1. Owner has the right to assign the right to occupy their home and to use the Common Facilities to a Tenant or Lessee.

2. Leases or rentals may not be for a period of less than ninety (90) days. During the period of any lease or rental, said owner shall not be entitled to use the Club Lincoln or recreational facilities of the Association unless they reside in another home within Lincoln Crossing.

3. For the purpose of these Community Rules, a Tenant shall be defined as anyone in possession of an Owner’s residence in exchange for monetary or any other sort of consideration.

4. All leases shall be in writing. Any Owner who leases his/her Lot has the responsibility to acquaint their tenants and guests with the Association’s Governing Documents shall be responsible for assuring the Tenant’s compliance with the CC&R’s, the Articles, the Bylaws and the Community Rules.

5. Any agreement for the leasing or rental of a Lot shall provide that the terms of such lease shall be subject in all respects to the provisions of the CC&R’s, the Articles, the Bylaws, the Community Rules and any applicable agreements between the Association and any Federal, State, City or County Agency.

6. The Owner is solely responsible for payment of assessments. Owners cannot delegate this responsibility to their tenants. Failure to pay the assessment will result in suspension of Member rights and Internet service to the home, following due process, and a notice of lien and potentially, foreclosure.

Section II – Page 1 of 6


II. PROPERTY USE RESTRICTIONS (Cont.)

B. HOME RENTALS (Cont.)

7. No Lot shall be leased for transient or hotel purposes, which shall be defined as rental for any period less than ninety (90) days or any rental whatsoever, if the occupants of the Lot provided customary hotel services such as room service for food and beverage, maid service, furnished laundry and linen and bellboy service.

8. The Owner will, at all times, be responsible for his or her tenant’s compliance with all of the provisions of the Association’s Governing Documents. Penalties and other actions to correct violations will be assessed against the Owner even though the tenant or their guests committed the violation.

C. GARBAGE & REFUSE DISPOSAL

1. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere within the Covered Property, except in sanitary containers located in appropriate areas screened from view, and no odor shall be permitted to arise there from so as to render the Covered Property or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any other Lot in the vicinity thereof or to its occupants.

2. Trash containers shall be stored behind the fence or otherwise out of sight and only exposed to view when in use for lot maintenance or set out for a reasonable period (not to exceed twenty-four (24) hours) before and after scheduled trash collection hours.

3. All weeds, rubbish, debris, or unsightly material or objects of any kind shall be regularly removed from the Lots and shall not be allowed to accumulate thereon.

D. STORAGE

1. Any clothes line, refuse containers, trash cans, storage areas, machinery and equipment shall be prohibited upon any Lot unless obscured from view of adjoining streets or portions of the Covered Property from a height of six (6) feet or less. Open fencing firewood may be stored in a side yard either in an approved storage structure or in a landscape-screened area as approved by the Architectural Review Committee. Any fence or screen shall comply with any standards established pursuant to the Article entitled “Architectural Control” of the CC&R’s as to the size, color or other qualification for permitted fences or screens.

2. No structure of a temporary character, trailer, basement, tent, shack, barn, storage building or shed or other outbuilding shall be used on any Lot or Common Area at any time either temporarily or permanent.

3. The patio, front yard or any other area visible from the common area is not to be used as a storage area for toys, any sort of sports item (bicycles, skate boards, basketball standards, basketballs, barbeque equipment, etc.), firewood, tools, equipment, trash cans, etc.

E. HOME BUSINESSES

No portion of the Covered Property shall ever be used or caused to be used or allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending, or any other non-residential purposes;… (example: landscaping, painting or any other type of business that requires the Member’s home be utilized for storage of products or business vehicles; garage modification that restricts parking of personal vehicles; business employees arriving and departing from the Member’s home…..). Child and elderly care is allowed with an approved City business license and insurance. Business advertising visible from the Common Area is prohibited.




F. PARKING RULES (Do not apply to homes in Sub-associations: Meridian Equinox, Sierra View & The Courtyards,

which have parking regulations specific to their community.)

The Association has hired a security company to perform periodic, random parking patrols and tickets are issued to the home in front of which a vehicle is parked and fines will be imposed for non-compliance following the violation enforcement process. Do not ignore parking notices. Call Club Lincoln if you have a question about parking or other use restrictions.

1. On-street parking is prohibited over night (for any length of time any night of the week) except for vehicles parking pursuant to the short-term parking exception described below. Vehicles of all Owners, Residents and their guests and invitees shall be kept in garages and residential driveways on the Separate Interest (Lot)….

The Board has set “over night” to be any time between the hours of Midnight and 5:00 a.m. (subject to change at the Board’s discretion). If an owner’s garage and driveway are full, a street parking pass for a guest vehicle (not a resident vehicle) may be generated via a link on the Association’s website or at www.patrol-one.com.

2. The garage may not be modified in any manner to prevent parking of personal vehicles in the garage and/or driveway to their full capacity so that personal vehicles are not required to be parked in the street overnight.

3. Parking within fifteen (15) feet of any fire hydrant within the Lot shall at all times be prohibited.

4. The applicable Public Agency shall be allowed to impose and enforce all provisions of the applicable California Vehicle Code sections or local ordinances contained within the Property.

5. Only conventional passenger vehicles are permitted to park on the Lot. No commercial or recreational vehicles or equipment shall be permitted to remain upon the Lot, including, without limitation, streets, alleys, driveways, or side and rear yards, unless parked, placed or maintained completely concealed from view.

6. Conventional passenger vehicles shall be defined to be station wagons, family sedans, coupes, sports cars, convertibles, compacts, subcompacts, sport-utility vehicles, pick-up trucks, pick-up trucks with shell not exceeding seven feet in height measured from ground level and mini-motor homes and/or passenger vans not exceeding eight feet in height and eighteen feet in length, pursuant to Section 8.12(a) of the CC&Rs.

7. No vehicle classified by manufacturer rating as exceeding one ton, recreation vehicle, mobile home, travel trailer, tent trailer, trailer, camper shell, detached camper, boat, boat trailer, or other similar equipment or vehicle may be parked, maintained, constructed, reconstructed or repaired on any Lot or on any street in Lincoln Crossing so as to be visible from a neighboring property; provided however, that the provisions of this section shall not be applicable to conventional vehicles which are parked in accordance with paragraph 8, below, and are used on a regular and recurring basis for basic transportation. The provisions of this paragraph shall not apply to cleaning, loading or unloading and short-term parking (not to exceed 48 hours) of non-commercial vehicles, including recreational vehicles, which shall be permitted for a cumulative period not to exceed 120 hours in any calendar month. No overnight occupancy will be permitted.




F. PARKING RULES (Cont.)

8. No conventional passenger vehicle, recreational vehicle or equipment or commercial vehicle or any other motorized vehicle may be dismantled, rebuilt, repaired, abandoned, stored, disabled, serviced, or repainted on a Lot unless performed within a completely enclosed garage or other area located on the Lot which completely screens the sight and sound of such activity from public street, provided however, that the provisions of this section shall not apply to (i) emergency vehicle repairs or temporary construction shelters or facilities maintained during, and used exclusively in connection with, the construction of any improvement approved by the Architectural Review Committee; (ii) the parking of such vehicles during normal business hours in areas designated in a non-residential Land Use Classification; and (iii) vehicles parked in garages on Separate Interests.

9. No oil, fuel, lubricant, or other automotive liquid, shall be dumped or spilled within Lincoln Crossing, or disposed of or stored in any way which would permit same to enter any drainage device servicing or leaking onto the ground of Lincoln Crossing.

10. The foregoing restrictions shall not be deemed to prevent temporary parking for loading or

unloading of vehicles or washing and polishing and those activities normally incidental to washing and polishing of vehicles.

11. Temporary parking of commercial vehicles being used in the furnishing of services to the Association shall not be subject to the foregoing restrictions.

12. No garage doors shall be permitted to remain open except for temporary purposes (including, as reasonably required for ingress to and egress from the interiors of the garages.) Garages shall not be used for any living, recreational, business or other purpose, including, without limitation, storage (other than incidental storage) which will prevent the parking of the number of vehicles within such garage for which the garage was constructed.

G. SIGN RULES 1. No sign of any kind shall be displayed to the public view from any portion of Lincoln

Crossing except that this restriction shall not apply to: A. Signs required by legal proceedings; B. Signs which by law cannot be prohibited;

C. A single sign of customary and reasonable dimension and design, complying with any applicable Rules and reasonably located in a Lot advertising the Lot for sale or rent;

D. Signs required for traffic control and regulation of streets or open areas within the Development as installed or approved by the Board; and

E. Such other signs as the Board may, in its discretion, approve. The Board may adopt limitations on such signs including restrictions on the size of the signs, the duration of their posting, and their location.

2. Non-commercial signs and/or posters larger than 9 sq. ft. and non-commercial flags or

banners more than 15 square feet in size are prohibited from display on an owner's Lot or residence. Non-commercial signs, posters, or banners may only be displayed on the yard, window, door, balcony, or outside wall of a separate interest.

3. Commercial signs of any size or kind are strictly prohibited from display on an owner's Lot

or residence.



II. PROPERTY USE RESTRICTIONS (Cont.) G. SIGN RULES (Cont.)

4. Signs or banners that endanger public health or safety or violate a local, state, or federal

statute (i.e. hate crimes) may not be displayed. 5. Signs, banners or flags may not be displayed on association property or in the common area

within Lincoln Crossing. 6. The following signage materials are prohibited: lights, roofing, siding, paving materials,

flora, balloons or any other similar building, landscaping or decorative components, painting of architectural surfaces. Non-commercial signs, posters, flags, or banners may be made of paper, cloth, cardboard, plastic, or fabric.

7. It is the express purpose and intent of this Section to permit the Association's regulation of signs within the Development to the greatest extent permitted by law.

H. PET RULES

1. A reasonable number of household pets (which for purposes hereof shall include only dogs, cats, and small caged birds, hamsters, guinea pigs and rabbits) are permitted within the Covered Property, provided that the Owners of such pets comply with all applicable status and ordinances with respect thereto, and provided further that no such animals are kept, bred or maintained for commercial purposes. No other animals, livestock or poultry of any kind, shall be raised, bred or kept upon the Covered Property for any reason whatsoever.

2. Any structures built for the care, housing or confinement of a pet must be approved by the

Architectural Review Committee prior to construction taking place.

3. Animals belonging to Owners or Invitees of any Owner must be kept within an enclosure or on a leash held by a person capable of controlling the animal when on any portion of Lincoln Crossing except within a Lot. No pet shall be left chained or tethered in front of a residence or in the Common Area.

4. Each and every Owner of any pet shall immediately clean, remove and dispose of all animal

waste materials and shall dispose of same on their own Lot.

5. Excessive dog barking or other animal noise will be deemed a nuisance. Neighbor-to neighbor resolution is expected and/or City or County Animal Control intervention to support any action that may be taken by the Association.

6. The Board shall specifically have the power to prohibit the keeping of any animal which, in

the opinion of the Board, after Notice and Hearing, is deemed to constitute a nuisance to any other Owner in the sole and exclusive opinion of the Board.

7. Each person bringing or keeping a pet within Lincoln Crossing shall be absolutely liable to

other Owners and their Invitees for any damage to persons or property caused by any pet brought upon or kept upon Lincoln Crossing by such person or by members of his or her family, his or her guests or Invitees.




I. BASKETBALL STANDARDS & OUTDOOR SPORTS APPARATU S

1. Permanent basketball standards or other sports apparatus may be installed in the side or back yard of a Member’s lot if approved by the Architectural Review Committee.

2. Portable basketball standards and other sports apparatus (skate board ramps, etc.) are not permitted in the streets or on sidewalks so as not to contribute to the cause of a personal injury nor interfere with neighboring property or vehicular and pedestrian traffic.

3. Playing baseball and other games in the street or on the sidewalk is discouraged, especially without parental supervision. If such activity is occurring, those participants are expected to yield to motor vehicles, bicyclists and pedestrians, which have the right-of-way. The Association has no liability in the event someone is injured while playing in the street or for any vehicle or property damage thereof.

4. One portable basketball standard may be temporarily placed in the driveway for active use as long as it is kept in good repair and does not cause residents’ vehicles to be parked in the street over night.

5. Basketball and other outdoor sports may not be played before 8:00 a.m. or after 10:00 p.m. and the noise level is expected to be kept to a reasonable level in consideration of neighbors.

6. The basketball standard is to be placed out of sight of the Common Area when active use has been suspended (winter months, loss of interest, etc.).

7. The foregoing provisions shall be subject to any and all applicable municipal codes promulgated by the City of Lincoln with respect to the use sports equipment on or abutting the public streets within the Lincoln Crossing.

J. COMMON AREA DAMAGE

Any damage to the common or personal property of the Association, or property of another Owner caused by such persons shall be repaired at the sole expense of the Owner where such persons are residing or visiting.

K. MODIFICATIONS VISIBLE FROM COMMON AREA

All “proposed additions or alternations to improvements” to the Separate Property (Lot) require approval of the Architectural Committee (refer to published “Architectural Rules” in regards to the application process).

The Board of Directors recognizes that occasionally a resident may wish to make a temporary modification or addition to their home or lot that will be visible from the common area to recognize or celebrate a special event (birth of child, religious holiday, Federal or State Holiday, patriotic expression, etc.). Such personal expression is encouraged with the expectation that: a) any such modification will reflect consideration of the community-at-large and b) will be displayed for a short period of time. The Board of Directors has authorized Management Staff or other Association representatives to perform site reviews with the expectation that the temporary modifications will be removed no later than two weeks following the special event (Examples: Birth announcement to be removed within two weeks of birth date; Halloween decorations removed by November 15 and December Holiday decorations removed by January 15).



III. QUALITY OF CARE (Maintenance Responsibiliti es - CC&Rs Article 7)

The CC&Rs state the homeowner is expected to maintain their home and lot to an attractive and healthy standard. Following is additional information to better define what is considered to be a reasonable standard of care required of residents. An architectural application must be completed and submitted to the Architectural Review Committee for review. Owner may not commence any modification until written ARC approval has been received (driveway expansion, new roof, exterior paint, landscape renovation, fence replacement, etc.). A Owner may be required to remove an unapproved modification at their expense.

A. All improvements, alterations and additions to the Covered Property shall be maintained in

accordance with the governing documents and Rules of the LCCA.

B. Landscaped areas are to be maintained in keeping with the surrounding Common Property and kept free of trash, debris and weeds at all times.

1. Turf: Lawns are to be fertilized, kept weed-free and watered, mowed and edged on a regular schedule year-round to keep turf healthy and of uniform height and color quality.

2. Shrubs and ground cover shall be kept pruned to maintain a healthy and natural appearance (topiary pruning is prohibited); the beds are to be kept weed-free and plantings fertilized and watered. Care shall be taken to control disease and pests; dead plant material shall be removed.

3. Trees shall be pruned to be typical of their species to maintain a healthy and natural appearance. Care shall be taken to control disease and pests. Tree trimmings, leaves and any dead plant material shall be removed from the property.

4. Flow lines: All lines to remove water from the property are to be kept cleared of mud and

debris and care shall be taken to keep sidewalks and other walkways free from run-off to prevent a slip and fall accident (any claim filed would be against the homeowner’s insurance coverage).

5. Curbs and gutters are to be kept clean of weeds and debris. Storm drains may not be used for disposal of dog waste, paint, oil or any other and polluting material.

C. Buildings: Windows and exterior light fixtures are to be cleaned regularly; screens kept in place and good repair; entries and surrounding areas kept free of trash and debris; standard patio furniture in good repair is allowed in the front patio seating area; painted surfaces are to be kept fresh in appearance (no peeling, fading, cracking, etc.) and all exterior surfaces are to be kept clean and free of stains.

D. Driveways and walkways shall be swept regularly, maintained free of oil spots and, if stained,

maintained to original application with any painted surfaces kept fresh in appearance without peeling, fading or cracking. Note: oil trays or cardboard may not be placed in the driveway to catch oil from leaking vehicle motors.

E. Fences and gates must be maintained in good condition with no missing planks, hanging gates, etc. The maintenance and replacement of “good neighbor” fences are to be negotiated between the neighbors. Those owners on a corner lot are responsible for the fencing and planting on the street side of their lot to the sidewalk. Fencing may not be modified without ARC approval. Gates may not be installed in rear fencing on lots that back up to The Preserve.

Section III - Page 1 of 1


IV. CLUB LINCOLN INTRODUCTION

Club Lincoln is a private recreational facility and the Board has established procedures to help ensure that only Lincoln Crossing owners, their family members or assignees and their guests are allowed access to the Club. Membership is available to owners in good standing (current in the payment of all assessments and not subject to any suspension of privileges as the result of a disciplinary proceeding). Owners who have rented their home relinquish their Club access cards and are required to provide a signed rental agreement to identify and their tenants authorized to apply for Club Lincoln membership.

Club Lincoln will be open the hours posted at Club Lincoln and on the Association Website. Staff members are available to answer questions or concerns during posted office hours. The Fitness Center and pool area is open to members from 4:00 a.m. to 11:00 p.m. daily by entering through the Club Lincoln Lobby during normal office hours or by swiping their member card at the back gate to the pool area. If a member’s card does not work at the back pool gate, they are to contact Club Lincoln Staff during normal business hours to review the matter.

Club Lincoln facilities are used at the Member’s risk and the Association, its staff or representatives are not responsible for accidents, injuries, vehicle damage or personal belongings.

Check out the association’s website: www.mylincolncrossing.org. Posted information includes a calendar of activities at Club Lincoln; listing of staff, Board and Committee members; the monthly Board Meeting Agenda and Minutes; copies of the governing documents (CC&Rs, Bylaws, Community Rules; Architectural Rules and application, etc.); description of active committees; current updates on happenings in the community and other helpful information. New members register for Association website access by following the set-up instructions. Members may register “yes” to receive updates via email. Your email address will not be divulged to anyone and e-blasts will only be used to distribute information specific to the association or other information deemed important by the Board of Directors. Notices are also posted on:

www.facebook.com/LincolnCrossingCommunity

Internet service paid with association assessments is available through Greenfield Communications to members in good standing. Pick up a pamphlet at Club Lincoln or call Greenfield at 1-888-230-0020.

The Club Lincoln community room may be reserved for an hourly fee and refundable deposit by a member in good standing or their assignees to use for a personal, private event (no business, clubs or special group events are allowed) between the hours of 9:00 a.m. until Midnight any day of the week (except for days blocked out for Association events, maintenance and repairs or Holidays). The Board of Directors has authorized Management staff or other Association representatives to deny entry to or use of the Club Lincoln facility to anyone at any time if the staff determines in its sole discretion that such denial is necessary for the health, safety, and/or welfare of other patrons of the facility, or if suspension of a member’s access to Club Lincoln is imposed as a disciplinary measure.

THE CLUB LINCOLN FACILITY IS COVERED BY 24-HOUR SURVEILANCE CAMERAS AND

MAY BE PATROLLED BY A STANDING SECURITY GUARD.

Section IV - Page 1 of 1


V. CLUB LINCOLN MEMBERSHIP & RULES (Bylaws Article IX & CC&Rs Article 13)

A. MEMBERSHIP APPLICATION

Following is the process for an individual to acquire a Club Lincoln access card:

1. Owners must be in good standing (current in the payment of all assessments and not subject to any suspension of privileges as the result of a disciplinary proceeding);

2. A new owner not yet in the association’s accounting system is required to provide a copy of the title documents or grant deed;

3. All adults who request a Club card must validate their Lincoln Crossing residency, whether as their primary or second home;

4. There is no charge for the first two (2) cards issued to the owner; 5. A fee will be charged for additional, lost or damaged cards; 6. All documents must be received to validate an individual’s identity, ownership and/or

residency before a Club card may be issued to that person; 7. Club Lincoln Membership Application must be legibly completed in its entirety for each person; 8. Each adult to acknowledge and sign liability waiver; 9. Homeowner Individual Card Requirements (document copies are retained by the association):

a) All adults age 18 and older who apply for a Club Card are required to; 1) provide a valid driver’s license, state-issued identification card or passport to verify

their identity, and 2) confirm their residency in the home by providing a current bank statement, credit

card or car insurance bill that confirms their mailing address is in Lincoln Crossing or a utility bill for the Lincoln Crossing home that reflects their responsibility for payment of said utility;

3) rental home occupants must also provide owner-signed rental agreement; b) Parents of children ages 4 up to 18 must provide proof of age and must verify that the child

is a resident of Lincoln Crossing; c) Children under the age 15 must be accompanied and supervised by an adult Club Member

18 years of age or older at all times; d) With parental approval, children age 13 up to 15 may be issued a special Club card to allow

them to come to Club Lincoln without adult supervision; e) Each person commencing at age 4 is required to swipe their Club card to gain access to the

facility; 10. A Member’s Club card will be deactivated if it is determined that their card is being used by

anyone other than the actual Member. 11. Tenants: In addition to the requirements stated above, a tenant must provide a copy of the entire signed rental agreement whereby the owner of record lists the name of the adults who may occupy the home. Owner relinquishes their Club Lincoln access rights to their tenants. 12. Any person who does not qualify as a Member may come to the Club only as a guest with an approved Club Member. In order to ensure that only Lincoln Crossing owners, their family members or assignees have Club access, the Board of Directors may periodically deactivate ALL Club cards and require that each Member complete a new application and provide a current proof of residency. Other Club application procedures may be implemented at the discretion of the Board of Directors.

The Board of Directors has given Club Lincoln staff and the security officer the authority to ask an individual who is at Club Lincoln to confirm their Club membership or guest status; to deactivate a member’s Club card without notice who has an outdated application or validation document or who has behaved in a manner that violates the Club Rules and/or which is disrespectful or a threat to others using the Club facilities, staff or other persons representing the association. Nudity is restricted to Men’s or Women’s locker rooms or restroom stall. Intimate sexual behavior or overly expressive affectionate behavior is prohibited on Club Lincoln property. Certain unacceptable behavior may require the involvement of the City Police and/or require a Hearing with the Board of Directors, who will determine what action will be taken and/or when or if the member’s Club access card will be reactivated.

Section V - Page 1 of 8


V. CLUB LINCOLN MEMBERSHIP & RULES (Cont.)

B. COMMON AREA RULES

1. No Smoking Policy: No smoking or tobacco products are permitted on Club Lincoln property, including smoking in vehicles parked on the property.

2. Absolutely NO alcoholic beverages are allowed on the premises unless previously arranged

for a private or adult association event held in the Community Room, with the member providing an association-approved security guard.

3. All Club Members, their children and guests are expected to honor rules, posted signs and instructions from Club Lincoln personnel, pool monitors, security guards, Board members or other association representatives.

4. When visiting the Club, vehicles must be parked in designated parking areas. No over-night parking is allowed on the Club Lincoln property.

5. Riding a bicycle, roller-skates, in-line skates, skateboards, heelies, etc. is not permitted anywhere on the Club Lincoln facility.

6. Members are not allowed to use barbecues or have any other burning device on Club

Lincoln property.

7. Any personal injury, accident or confrontation between members is to be reported in writing to Club Lincoln staff or other Association representative at the time of the incident. Each reporting party is expected to complete an Incident or Injury Report form available at the front desk. Any incident requiring medical or police attention is to be reported to the local police emergency number 911.

C. CLUB ACCESS REQUIREMENTS

1. With the exception of guests and permitted childcare providers, all persons ages 4 and older must swipe their Club card to gain access to the facility, or must confirm their identification and right of access by their thumb print using the thumb print reader. In order to use the thumb print reader, the person must have previously provided his or her thumb print to Club Lincoln staff along with his or her Club card to verify identification and right of access. Access shall not be granted if the person fails to swipe his or her Club card and fails to confirm identification and right of access by thumb print.

2. Permitted childcare providers, as set forth below, may only access the facility by confirming

their identification and right of access by their thumb print using the thumb print reader. D. GUEST & NANNY PASSES

1. Members may bring guests (up to five (5) per home per visit) to use Club Lincoln facilities by registering and paying a fee as set by the Board of Directors per guest age four (4) or older after thirty (30) free guest passes have been issued within a calendar year. A different guest fee may be charged for attendance at association events. Members must accompany their guests at all times and acknowledge that use of the facilities is at the User’s own risk.

2. For an association-scheduled event, the Board reserves the right to determine the fee to be charged to the Member and whether or not guests will be allowed to attend, how many guests will be allowed per home, and establish the guest attendance fee.



V. CLUB LINCOLN MEMBERSHIP & RULES (Cont.) D. GUEST & NANNY PASSES (Cont.)

3. Members are responsible for their guest’s compliance with all LCCA Rules and Regulations, for personal injuries, for damage to LCCA Property caused by the Members or their guests, and for all repairs of replacement costs.

4. Members who have arranged for someone to take care of their children in their absence, may complete a “Request for Exception Form” to give permission to the Association to allow their chosen adult age 18 or older (Member’s guest) to assume the Club Member’s responsibility when at Club Lincoln with the Member’s children for a limited period of time (Nanny Policy). Children age 4 up to age 15 must be accompanied and supervised by this adult at all times. When this permitted childcare provider first visits Club Lincoln, he or she shall provide proof of permission granted under this section, allow his or her picture to be taken and shall provide Club Lincoln staff with a thumb print so that he or she will be able to verify identification using the thumb print reader during all subsequent visits to Club Lincoln.




E. FACILITY RENTAL RULES

1. Who: The use of the Club Lincoln Community Room is limited to LCCA Members (or their approved tenants) who are in good standing and may be reserved for personal, private events only (wedding, baby shower, anniversary, etc.).

2. When: Use of the Community Room other than by LCCA Members or their approved assignees is not permitted. During the winter months of November – March, business reservations may be accepted at the discretion of and hourly rate set by the Board of Directors Monday through Friday from 9:00 a.m. – 4:00 p.m.

The Community Room and upper deck may be reserved for the adult Member’s exclusive use up to six (6) months in advance, but cannot be reserved for two (2) weeks in a row. Rental is for a minimum of two (2) hours commencing as early as 9:00 a.m. and must end no later than 12:00 midnight (set up and clean up time included). Excluding the lobby rest rooms, anyone attending the Member’s event is denied access to any other area of Club Lincoln, The Wave (Game Room), Fitness Center, pool and other outside amenities. The Board of Directors reserves the right to block out available dates for Association events, maintenance and repairs or Holidays.

3. Capacity: The Community Room is approximately 58’ x 41’ with full kitchen (two stoves and two refrigerators). Gatherings in the Community Room are not to exceed 154 people with tables and 299 people without tables. Events that include a band, dance floor, etc. will reduce the available floor space for tables and chairs. List of available tables and chairs and other rental items will be provided with the Reservation form.

4. Deposit: A refundable security and cleaning deposit in the amount of $500.00, is required at the time the reservation is made in order to hold the reservation date. The Member’s reservation is finalized when the designated Lincoln Crossing staff member signs the reservation form as approved. Deposit checks will be returned by mail within one (1) week following the event, less any deductions for additional rental fees, damage and/or cleaning. A pre-event and post-event walk through to assess any damages will be conducted by the facilities manager or other designated person.

5. Rental Fee: The Community Room rental fee is $50.00 per hour for the first six (6) hours or up to normal Club closing, whichever occurs first, and then the rate increases to $100.00 per hour to Midnight. The Member who reserved the Community Room must swipe their Club card upon arrival and go through the check-in process when they take possession of the room (to decorate, deliver food or other event items, etc.), which is when the rental fee commences. The Member must be present for entire event. The Member and their guests are expected to be out of Club Lincoln by the time designated on the Reservation. The total rental fee must be paid in full by credit card, check or cash at the end of the event.

6. Clean Up & Check Out: All time used will be billed until the Community Room has been totally vacated, all food and event items removed; tables and chairs stored in their designated areas in the storage room; the kitchen and Community Room cleaned; decorations removed (including scotch tape, tacks and helium balloons); the adjacent restrooms cleared of excessive debris and trash discarded in the outside dumpster at the side of the Club. Member is to use the Check-in/Out form as a guide for cleaning and to complete the post-event walk through to ensure clean up is completed to the Club Lincoln staff member’s specifications (final inspection to be performed by facility project manager or supervisor within 60 hours following the event). If the Member has not checked out by 12:00 Midnight, they will be charged $100.00 and an additional $100 for every half hour, or portion thereof, until the building is vacated (i.e. vacate at 12:40 a.m. = $200 additional rental fee).




E. FACILITY RENTAL RULES (Cont.)

7. Cancellation: A fee of $100.00 will be collected from the Member or held from their deposit as a non-refundable fee if the event is cancelled within two (2) weeks of the event.

8. Alcohol Usage: A Member may serve alcohol to adult event attendees while in the Community Room or on the upper deck ONLY when such use is specified in advance and the following requirements are met: a) A $500,000 minimum rider on the homeowner’s personal liability insurance policy, naming

Lincoln Crossing Community Association and Merit Property Management as additionally insured, is required to serve alcohol.

b) The homeowner must hire an association-approved private security guard to be present for the entire event (set up time excluded unless alcohol is being consumed).

Proof of the required insurance coverage and proof that the security guard has been paid is required 15 days prior to the event

or the Member’s reservation will be canceled.

c) In accordance with California State law, no one under the age of twenty one (21) shall serve or be served an alcoholic beverage while on the premises. If alcoholic beverages are served at the rental function, no minors are to be present without a consenting parent or guardian. Alcohol may not be placed, served or carried by any individual to any location except the community room/upper deck.

d) Any abuse of alcohol privileges will result in immediate termination of the function and Member shall be held responsible for any damages or costs incurred by the Association.

9. Entertainment: All musicians, DJ equipment, stereos, and speakers must be confined to the

inside of the building. No amplification is allowed outside the building. All music must be turned down by 10:00 p.m. and turned off by 11:00 p.m.

10. No Smoking: Smoking is not allowed at anytime or anywhere on or within the Club Lincoln

facility or grounds, including inside parked vehicles.

11. Furniture may not be relocated to or from the lobby or any other areas of the facility, nor moved from the interior of the Community Room. Furniture may be moved around inside the room. A minimum $25.00 service charge will be charged to the Member if the furniture is not returned to its designated location in the storage room.

12. Delivery and pick up of equipment and/or food is to be arranged by the homeowner and the homeowner must be present for both delivery and pick up. Club Lincoln is not responsible for these items and will not store them. Rental fee commences when Member takes possession of the room for event deliveries or preparation.

13. Disclaimer: LCCA is not responsible for personal items that may be left, broken, lost or stolen.

14. Open flames are not permitted anywhere on the premises at any time, including candles, tiki torches, etc.

15. No portable grills or barbecue type cooking devices are allowed. Crock Pots and kitchen stoves for cooking only.

16. No inflatable bounce houses or children’s play structures are permitted in the Community Room, Club Lincoln facility or any other common area within Lincoln Crossing.

17. LCCA is exempt from these Rules. The Board of Directors reserves the right to modify existing or implement additional rules and/or procedures to protect the LCCA and its members.




F. GAME CENTER (The Wave)

1. The Game Center (The Wave) is available for all ages. No child under the age of fourteen (14) or guest is allowed in the Game Center without an adult member (or Nanny) 18 years of age or older present in the room at all times.

2. The Game Center is to be used at the Member’s or their guest’s own risk.

4. All equipment for the Game Center will be stored at the front desk. The Member’s card is to be given to staff when the Member completes the equipment sign-in/out sheet for any equipment: Pool queues, rack & balls; air hockey paddles & pucks; X-Box, games & controllers; darts, etc.

5. The cost to replace or repair any of the games, equipment, televisions, pool table, flooring,

walls or other items in the Game Center that are determined to have been damaged by the Member or their guest(s) will be billed to the Member who checked out the equipment. Parents are responsible for damage caused by their minor children anywhere in the Club Lincoln facility.

6. The Club Member is responsible for all checked out items and is expected to keep the items in the Game Room until turned in at the front desk, at which time the Member will collect their Club card.

G. FITNESS CENTER

1. The Fitness Center is for use by Members and their guests ages 14 and above. Guests must be accompanied by an adult member 18 years of age or older and present in the room at all times.

2. Common courtesy to share equipment is expected; all posted rules must be honored and

equipment is used at the Member’s or their guest’s own risk.

3. Members are encouraged to consult a physician before engaging in a fitness program and to follow the instructions for use of any equipment.

H. POOL RULES

� The pool and spa area is open for use by Members in good standing and their registered guests at their own risk from 4:00 a.m. – 11:00 p.m. daily year-round.

� The deepest end of the kiddie wading pool is approximately 2.6’ deep; the larger/lap pool is approximately 3.6’ deep.

� No jumping, diving, running, climbing, pushing or other noisy, boisterous behavior is allowed.

� One or both of the pools may be heated from Memorial to Labor Day; the spa may be heated year-round.

� Neither pools nor spa may be used for personal hygiene. � Children under the age of 14 must be accompanied and supervised by an adult age 18 or

older at all times. � In the event of an emergency, call 911.



V. CLUB LINCOLN MEMBERSHIP & RULES (Cont.) H. POOL RULES (Cont.)

During the summer months, a Pool Monitor may be present to assist in the enforcement of the pool area rules for the enjoyment of all members. The Pool Monitor and Club Lincoln Staff members are not life guards and pool users are expected to exercise restraint and care when using the water facilities. Use the pools, spa and other fitness or recreational facilities at your own risk. Call 911 in the event of an emergency. Club Lincoln Staff or other Association representatives have the authority at their discretion to deny entry to or use of the Club Lincoln facility to anyone at any time for any reason they deem necessary; to temporarily suspend a Member's Club for non-compliance with any of the LCCA Membership or Community Rules; who has an outdated application or validation document; who has or is behaving in manner that violates the Club Rules and/or which is disrespectful or a threat to other Club members, staff or other persons representing the association. Nudity is restricted to Men’s or Women’s locker rooms or restroom stall. Intimate sexual behavior and overly-expressive affectionate behavior is prohibited on Club Lincoln property. City Police may be called to intervene with further legal action and fines and/or long-term membership suspension may be administered by the Board of Directors.

The following Pool Rules have been developed with consideration given to providing each Member with an equal right to enjoyment of the facilities.

CLUB LINCOLN POOL & SPA RULES

1. Common courtesy and behaving in a manner that is safe and considerate of others is

expected of all Members, their minor children and their guests.

2. No Alcohol or glass objects are allowed in the pool/spa areas.

3. An adult Member (or approved Nanny) 18 years of age or older must accompany and supervise children under the age of fourteen (14) at all times when using the pool area or any other Club facility, and that person also accepts responsibility for their behavior and any damage caused to said facilities.

4. Conduct by a Member, their minor children or their guests which deprives any other

person of their right for the reasonable quiet and shared enjoyment of the use of the pools, squirt park, spa or other facilities shall not be allowed.

5. Spa: Children under the age of fourteen (14) may use the spa only when accompanied and supervised by a responsible adult Member, who must be with the child in the spa or in the immediate perimeter of the spa at all times during the child’s use of the spa. Due to risks to health and safety of babies and small children, anyone under the age of 5 years old is prohibited from entering the spa.

6. Please shower each time before entering the pool or spa. Neither pools nor spa may be used for personal hygiene.

7. Proper swim attire is required on Common Area property, including but not limited to the pools and spa. Inappropriate swim attire shall be determined by the Board of Directors or Club Lincoln Staff, and includes but is not limited to, thong bathing suits, G-strings, or street clothing.




H. POOL RULES (Cont.)

8. Children who are not toilet trained must wear swim diapers to prevent pool contamination. DIAPERS OTHER THAN SWIM DIAPERS ARE NOT PERMITTED IN THE POOLS. Please remember to take children to the restroom often. The pool must be closed and treated whenever fecal matter or other human waste is detected. (Swim diapers are available for purchase at the front desk).

9. Maximum occupancy for the lap pool is 182; kid’s pool is 180; spa is 8. Management or other Association representative may require users to vacate the pool and/or surrounding area for safety reasons (excessive use, high winds, etc.).

10. Children may wear small flotation devices in the Club Lincoln pools at the parent’s discretion. Water noodles, kick boards, floaties or rings up to 24” are permitted. Please leave all unapproved items in your vehicle.

11. The lap pool has ropes to identify lane(s) designated for lap swimming and swim lessons. These lanes are to remain clear of non-lap swimmers at all times. Obey the signs that identify the lap swim lanes. Swimming over or under or climbing on the lane ropes is prohibited. Replacement cost to Member breaking a lane rope is in excess of $300. Management reserves the right to remove the lane ropes and post restricted swim signs during special events or for family swim.

12. Pool & Patio furniture shall always be returned to its original location; all trash and personal belongings are to be removed and the area left clean for the next user. Found items may be deposited in the “lost & found” container on the upper deck.

Prohibited Pool Area Behavior & Items (not all-inclusive)

1. Audio devices without earphones (Association audio system is an exception). 2. Soap, bath oils, etc. in pool or spa. 3. Playing ball or throwing objects (small beach balls & squishy balls are allowed if used with

care – no hard balls). 4. Jumping, diving, running, climbing, pushing or other excessively noisy boisterous behavior. 5. Rafts, boogie boards, or any large items, which would obstruct a clear view into the water. 6. Use of super soakers or any type of squirt toys. 7. Standing, walking or climbing on walls or other structures. 8. Pulling, hanging on to or otherwise using the lap lane ropes 9. Pets of any kind 10. Bicycles, roller-skates, in-line skates, skateboards, etc. 11. Portable barbecues 10. Alcohol or glass objects 11. Disrespectful, argumentative or aggressive behavior towards anyone, including the pool

monitor, Club Lincoln staff or other Association representative.



VI VIOLATION ENFORCEMENT PROCEDURES (Bylaws Article VI & IX and CC&Rs Article 13)

A. NEIGHBOR-TO-NEIGHBOR RESOLUTIONS

1. The first step is to discuss with your neighbor any issue or concern that is impacting your right to the quiet and peaceful use of your home or lot (a barking dog, frequent loud parties, etc.); damage that may have been caused to your property (broken window by their child when playing; trees or other plant roots raising your patio foundation; etc.) or other matters that are typically resolved between neighbors. Animal Control (530-886-5500) is to be contacted if barking dog or animal care issues are not resolved. The Lincoln Police should be contacted at their non-emergency number (916-645-4040) for fighting or other disruptive behavior that does not appear to be life-threatening.

2. If a specific violation of the LCCA governing documents is noted (lack of landscaping maintenance, trash can and debris left in the yard, etc.), submit those concerns in writing to the Association’s General Manager or other staff at Club Lincoln.

3. In the event there is a violation that cannot be viewed during a site review of the property by staff (noise nuisance, garage storage, etc.), contact Club Lincoln staff for a “Rules Violation Report” form (also on the association’s website). The form must be completed and signed by a minimum of two owners or residents representing two neighboring lots for the Association to be able to consider these violations. Please be specific and provide as much information as possible so that the Board is able to expedite the process in a timely manner. All alleged violations will be evaluated to ensure they are considered an infraction as defined by the Association’s legal documents.

B. VIOLATION ENFORCEMENT PROCEDURE & FINE SCHEDULE

A violation is defined as an act in conflict with the Community Declaration, Bylaws, Community Rules, Architectural Rules or any other policies and procedures established by the Board of Directors. Please be sure to read all documents carefully and keep them available for easy reference.

1. Based on a management site review, security patrol report or any other third-party written communication, a letter will be sent to the Owner stating the alleged violation.

2. If the alleged violation continues, a second letter will be sent to the Owner, which may request the Owner attend a formal Hearing (at a date set a minimum of ten (10) days from date of invitation) before the Covenants Committee, Board of Directors or other assigned association representative in accordance with Civil Code 1354 or otherwise by law.

3. The Board reserves the right to invite an owner to appear at a Hearing without previous notice for any alleged egregious, repeated or health and safety violation.

4. The Owner will be notified as to the decision rendered by the Board as a result of the hearing within fifteen (15) days of the hearing date, whether or not the Owner attended the Hearing. If the result of the Hearing imposes a monetary penalty to the Owner’s account, said Owner is deemed a Member not in good standing until the violation is cured and fines paid in full.

5. If the Owner is found to be in violation of the Association’s governing documents, the Board will: (a) levy a monetary fine; (b) hold a fine in abeyance pending a future repeat of said violation; (c) levy a special individual assessment; (d) suspend the Owner’s voting privileges as a member (e) suspend the Owner’s rights to use the recreation common facilities; (f) enter upon a Lot to perform maintenance which is the responsibility of the owner; (g) record a notice of noncompliance if allowed by law or (h) a combination thereof.

Section VI - Page 1 of 3


VI VIOLATION ENFORCEMENT PROCEDURES (Cont.) B. VIOLATION ENFORCEMENT PROCEDURE & FINE SCHEDULE (Cont.)

6. Fine Schedule: (a) A minimum monetary penalty of Fifty Dollars ($50) as a single charge to the Owner’s account; or (b) the specified fine charged per verified violation retroactive to the date of Notice of Violation and/or (c) additional specified fines for each repeat of cited violation within a six-month period.

7. If the violation continues or is an annual repeat violation (i.e. RV or boat parking, Holiday lights, etc.), additional hearings will be scheduled with the Owner and the fines may be doubled or escalated with each hearing at the Board’s discretion. Any fines not paid may result in legal action in accordance with California law.

8. If the result of the hearing imposes a financial obligation on the Association, the Owner will be billed a special individual assessment to reimburse the Association for this financial obligation and related administrative fees. Examples: Association has to provide service to a lot for failure of the owner to maintain or repair fencing or to repair damage to common area caused by Owner or their guests or tenants.

9. The Board reserves the right to authorize management staff or other third-party agents to suspend rights of a Member to use Club Lincoln facilities at any time for disruptive behavior, violation of health and safety rules or for causing damage to the Club facilities. The suspension will be reviewed by the Board of Directors, which will determine when or if suspension will be removed and/or impose further action or fines.

10. The Board may choose to use alternative dispute resolutions or cause correction of the violation to effect a cure and the Owner may be responsible for legal fees and/or reimbursement of costs to the Association.

C. ASSESSMENT DELINQUENCY ENFORCEMENT PROCEDURE

Article 4 states that the owner(s) of record agree to pay assessments to the LCCA and further states that such obligation remains the personal obligation of the Owner until such time as there is a recorded change in title, whether to another private party or lending institution, excluding any rights the owner may have as a result of a bankruptcy filing. In addition to the Association’s lien and foreclosure rights in accordance with Civil Code and the governing documents, the Board of Directors may also take the following action when assessments and/or delinquency fees and penalties are unpaid:

1. LCCA owners who have a minimum outstanding account balance equal to two (2) months

in assessments and/or late fees, interest and/or lien fees in excess of one (1) month’s assessment may be invited to a Hearing with the Board of Directors (date of Hearing to be set a minimum of ten (10) days from the date of invitation).

3. The Owner will be notified as to the decision rendered by the Board as a result of the hearing within fifteen (15) days of the Hearing date, whether or not the Owner attended the Hearing. If the result of the Hearing determines that the Owner is delinquent in satisfaction of their monetary obligation to the Association, said Owner is deemed a Member not in good standing and the Board will: (a) suspend the Owner’s voting privileges as a member; (b) suspend the Owner’s rights to use Club Lincoln facilities; (c) disconnect the internet service to the home; (d) record a notice of noncompliance if allowed by law, or (e) a combination thereof.



VI VIOLATION ENFORCEMENT PROCEDURES (Cont.) C. ASSESSMENT DELINQUENCY ENFORCEMENT PROCEDURE (Cont.)

4. To prevent suspension of the member’s rights as noted in “2” above, the Board may provide an Owner with a specific time-line to contact the Managing Agent, Club Lincoln staff or other authorized Association representative to pay the outstanding balance in full or to establish a payment plan for any outstanding balance in assessments, lien fees, late fees, interest charges, fines and/or any other charges, whether or not a lien has been filed, in accordance with procedures as determined by the Board.

5. The Board of Directors may file a small claims court action against the owner(s) of record,

turn the account over to a third-party collection company or take other legal action to collect the debt, whether or not a lien has been filed and whether or not the member currently owns the lot within the Association.

D. DISPUTE RESOLUTION

If a dispute exists between the Owner of a Lot and the Association regarding any disputed charge or sum levied by the Association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits stated in California Code of Civil Procedure Sections 116.220 and 116.221, the Owner of the Lot may, in addition to pursuing dispute resolution pursuant to California Civil Code Section 1363.810 et seq., pay under protest the disputed amount and all other amounts levied, including any fees and reasonable costs of collection, reasonable attorney’s fees, late charges, and interest, if any, pursuant to California Civil Code Section 1366(e), and commence an action in small claims court pursuant to California Code of Civil Procedure Section 116.110 et seq. Nothing in this Section shall impede the Association’s ability to collect delinquent assessments as provided in California Civil Code Sections 1367.1 and 1367.4.
