Rules and Regulations
ATHERTON SQUARE HOMEOWNERS ASSOCIATION
RULES AND REGULATIONS
As Amended 1/14/2020
The purpose of the Association is to ensure that the Common Area and Common Facilities will be maintained in an attractive manner and will be available for the enjoyment of all Members.
The attached rules, regulations and policies have been 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. Management, Board members and their designees may enforce compliance with these rules.
Although these Rules and Regulations support the Covenants, Conditions and Restrictions (herein after referred to as CC&R’s) they do not cover the entirety of the document. Where there is a conflict between these Rules and Regulations and the CC&R’s, the CC&R’s shall control.
COMMON AREA RULES AND REGULATIONS
The CC&R’s define the COMMON AREA as “All real property owned and maintained by the Association for the common use and enjoyment of the Owners.” This includes, but is not limited to, all streets, recreation areas and facilities, and landscaping.
Common Area and related facilities and improvements exist solely for use by the Lot Owners, their families, tenants, and guests. All occupants of a residence, including all family members, must be registered with the Association at all times to be permitted access to the Common Area facilities.
Owners are responsible for the conduct of their tenants, families, guests, and invitees. Any damage to Common Area property shall be considered the responsibility of the owner.
Residents should report any suspicious or illegal activities to law enforcement agencies, such as the Riverside Police Department, (951) 787-7911. The Association should also be informed in writing so that the Association can determine whether enforcement action under the Association’s governing documents is warranted. The existence of any graffiti on the Association’s property should be reported immediately to a resident board member or the Association’s managing agent, WSR, at (951) 682-1000. For any HOA maintenance emergencies, residents should call a resident board member or WSR at (951) 394-1005.
Personal items are not to be stored, kept, displayed, or occupy any common area. Examples of personal items can include garden hoses, tables, benches, etc.
Exceptions may be made for holiday decorations providing that:
They are not attached to common area fixtures, landscaping, or another resident’s property.
They do not cause damage to or obstruct the function of common area fixtures, landscaping, or irrigation—nor interfere with the maintenance thereof.
They abide by all appropriate safety regulations, including being approved for outdoor use and the use of the appropriate outdoor-rated extension cords (if applicable).
Their use complies with all applicable nuisance/noise rules as not to interfere with other resident’s quiet enjoyment of their property.
Holiday decorations must be removed within 15 days of the holiday.
The resident accepts that the HOA board can, at any time and at their sole discretion, request that any decoration be moved or removed either temporarily or permanently.
If a decoration is ruled to be non-compliant, the lot owner must take appropriate action within 72 hours to avoid citation.
Trash or storage containers and other unsightly objects must not be visible from other Lots or Common Areas. Trash containers may be placed temporarily for pick up, not to exceed twenty-four (24) hours before or after scheduled trash collections hours. Any scheduled trash pickup that is outside of the normal city pickup needs to be communicated to the board via email.
All motor vehicles are to adhere to the maximum speed limit of 10 MPH. Extreme caution is to be exercised while traveling within the confines of the community. All traffic signs and speed limits will be strictly enforced. All applicable provisions of the California Vehicle Code must be observed. Driving in any unsafe manner will be cited.
There shall be no unnecessary revving of any motor on any motorized vehicle at any time.
Music or other noise must not emanate from any vehicle.
Non-street-legal gasoline-powered vehicles (including motorcycles, quads, race cars, and scooters) are prohibited in all common areas including streets. Operators of recreational conveyances like bicycles, skateboards, scooters, skates, or rollerblades must also observe the following rules:
Speed must not exceed 5 MPH, and applicable Vehicle Code must be observed on streets.
No operator or passenger shall engage in ANY dangerous or reckless activity. This includes “parkour” and other forms of being pulled by or holding onto a moving vehicle.
Use may not cause property damage, excessive noise, or violate other common area rules. This includes, but is not limited to, “grinding” on surfaces and excessive marking from wheels/brakes.
Helmet use may be required by California law in some cases but is encouraged for all use.
Climbing on any common area fence / wall / gate is prohibited.
Alcohol / Legal Prescriptions and or controlled substances are not allowed in ANY COMMON AREA.
There is no smoking, vapor smoking or legal prescription smoking allowed in ANY COMMON AREA.
No noisy, illegal, offensive, obnoxious, or dangerous activity is allowed in ANY Common Area.
PARKING POLICY
The Atherton parking policy was designed with two goals in mind. First, the policy must comply with the Atherton Square governing documents with regard to parking and the use of guest parking spaces. Second, the policy must provide available parking for guests who are visiting our community.
Atherton has limited parking available in the Common Areas. Therefore, all residents must utilize their garage as required by the CC&R’s Article III Section 3.07 (i) & (j). Each owner must keep their garage readily available for parking of their vehicles. No portion of the garage may be used for a workshop, storage or other use if such storage or use prevents the Owner from parking two vehicles in their garage.
Parking is prohibited in the Common Areas between the hours of 10:00pm – 5:00am. Guest vehicles parked outside must place a note on the dashboard of the vehicle which states the estimated length of stay and the Atherton address or Lot number where the driver of the vehicle can be found. Guests parking for more than 3 consecutive days must inform the association of the circumstances and secure approval from the board. Residents are not allowed to park outside overnight or use the guest parking for “routine use.” If a resident runs into a situation where they temporarily need to park in the common area, the board needs to be notified at board@athertonriverside.com and an approval must be given before residents’ park in the common area. A note on the dash with the lot number/address and the duration of stay is mandatory.
All applicable provisions of the California Vehicle Code will be enforced on any private streets in the community in accordance with California Vehicle Code Section 22658.2.
There is no parking allowed for any reason in front of garage doors. Blocking a driveway is a violation of CVC 22500(e). All garage doors are on streets that are considered fire lanes by order of the Riverside Fire Department. These areas must remain clear at all times.
Vehicles must not be parked in a shared driveway or in a manner that blocks another’s access to their garage or storage unit.
To ensure maximum use of the guest parking spaces available, all vehicles must park between the lines, fully into parking spaces, and with the direction of traffic only. No vehicle may park in a manner that interferes with access through the two-main entrance and exit gates.
Vehicles parked in any Common Area must be moved on a regular basis.
Vehicle owners are responsible for promptly cleaning up oil and other fluid spills from their and their guest’s vehicles.
It is the responsibility of individual property owners to inform their agents, guests, tenants, and other visitors of the Atherton Parking Policy. This includes guests of the tenants.
The Board of Directors may designate to a committee, contractor, or any individual the authority to administer or enforce any provision of this policy.
Failure to comply with ANY provision of the Atherton Parking Policy will subject the Owner to citation, fine, and/or towing of the vehicle, without warning, at the Owner’s expense.
POOL / SPA RULES
Pool / Spa hours are 9AM – 10PM seven days a week, except during summer time, then the time is from 9AM -11PM
Guests are limited to no more than two persons per Lot. Any variance will require prior written approval for ONLY the day requested.
All guests must be accompanied by an adult resident who is 18 years or older.
No children under the age of 14 are permitted in the pool/spa or clubhouse area unless accompanied by an adult resident (18 years or older) who will be responsible for their conduct, safety and observance of these rules.
Proper bathing attire must be worn. Swim diapers specifically for pool use, must be worn in the pool by all users with incontinence issues and children who wear diapers.
All persons using the pool/spa area should be considerate of others. No jumping, diving, running, rough play, dangerous, destructive, offensive, or noisy activities are allowed. No radio/playback sound devices are to be used without headsets.
No smoking of any kind is allowed.
No alcohol of any kind in any container is allowed.
No glass or breakable containers are allowed.
No food or beverage is permitted in the pool or spa.
Rollerblades, bicycles, etc., are not permitted.
The gate must remain closed and locked at all times.
Anyone urinating or defecating in the pool is subject to immediate removal from the pool and pool area and imposition of appropriate discipline, after notice and hearing, which may include suspension of privileges to use pool area facilities, monetary penalties and charging residents with all costs of draining and cleaning of pool. Residents are also subject to discipline, including but not limited to, imposition of fines, for such actions by themselves or their guests.
Violation of these rules may result in a verbal warning, time-out period, suspension of privileges and / or assessment of a fine.
No Pets allowed in pool area.
The Hot Tub is chlorine!!!!!! The Pool is Salt Water!!!! Please Rinse between going from the Hot Tub to the Pool
CLUBHOUSE
The clubhouse is available for rent to Association members who are in good standing and current with Association assessments. The use of facilities may be restricted by the Board of Directors for violation of the Association Rules, delinquent assessments, or abuse of the recreational facilities or common areas. The rental forms and information on fees, deposits, and rules are available on the HOA website.
PET RULES
Any animals that unreasonably bother or annoy other owners may not be kept on the property (for example, excessive barking, howling, etc.).
An animal may only enter the Common Area while on a leash which is held by a person capable of controlling it.
Owners must prevent their pets from soiling the Common Areas, and are responsible for any required clean up.
No pets or animals of any kind may be taken into recreational areas, including pool/spa, clubhouse, tot lot, volleyball court, picnic area, and basketball court except where allowed by law.
Owners are responsible for any personal injury or property damage caused by their pets.
BARBECUE / PICNIC AREAS
The barbecues are available on a first come, first serve basis. Resident using the barbecue is responsible for removing remaining coals and disposing of them in the ash container.
Residents are responsible for clean up after use of the facilities.
Alcohol and/or smoking of any kind are not allowed
BASKETBALL COURT / VOLLEYBALL COURT / TOT LOT RULES
Hours are 8:00 AM until 9:00 PM.
Children under the age of 12 must be supervised by parents/guardians/persons over 18 at all times.
These areas are for the use of Association members and their guests. A Member must accompany guests at all times.
No smoking of any kind, no alcohol and no glass or breakable containers of any kind are allowed.
VEHICLE & PEDESTRIAN GATE ACCESS
The Vehicle gates are for vehicle use only. For their safety, pedestrians must only use the pedestrian gates to enter and exit the property.
Vehicles may enter and exit through the gates with the direction of traffic only.
No vehicles may park in manner that interferes with access through the two main entrance and exit gates.
Pedestrian gates must be kept closed and locked except during immediate use.
ARCHITECTURAL GUIDELINES
One of the primary responsibilities of the Association is to protect your property values by maintaining architectural control of the Association. Your Association has an Architectural Review Committee (ARC) as provided in the Association’s governing documents.
Please remember that prior ARC approval is required before making any modifications to the exterior of your property. This includes, but is not limited to, the installation of satellite dish antennas, screen doors, painting / staining fencing, and side / rear yard landscaping improvements. In the event that you make a modification to your property without proper ARC approval, you may be required to remove the improvement or return the property to its original state.
Any homeowner who has already made unauthorized improvements should submit an ARC application and note that the improvement has already been completed. It will then be reviewed for approval after the fact, providing the modifications are within the guidelines.
Visit our website https://athertonriverside.com to obtain the form, which include guidelines for completion.
Homeowners are responsible for the upkeep and repairs to garage doors, windows, screens, doors, patios, decks, and fencing.
Balconies and porches should be maintained in a manner becoming to the community.
ENFORCEMENT POLICY
A violation is defined as an act that, in the opinion of the Board of Directors, is in conflict with the CC&R’s, Bylaws, Rules and Regulations and/or Architectural Guidelines of the Association.
The Association’s enforcement procedures generally follow the process set forth below. Some violations may warrant handling in a different manner, in which case one or more of the steps below may be repeated or omitted, depending on the circumstances.
A verbal warning may be given or a warning/courtesy letter may be sent.
A letter is sent inviting the owner to attend a hearing before the Board. At the hearing, the Board will consider imposition of a fine or other disciplinary action. Following the hearing, the owner will be sent written notice of the Board’s decision within 15 days.
If the initial action is not successful in gaining compliance, the owner may be invited to further hearings before the Board to discuss the imposition of additional fines or other disciplinary action.
The initial fine amount generally considered by the Board is $250. Higher amounts may be considered if the nature of the violation warrants. For continuing or repeated occurrences, the Board may impose a fine of $250 or other amount deemed appropriate. For continuous violations, the Board may impose a daily, weekly or monthly fine, until cured.
At any point, the Board may refer a matter to Association legal counsel for legal enforcement proceedings.