Subject Matter: 2023 Amended & Restated Declaration Of Restrictions For Mt. Woodson Homeowners Association

Requested Action: We the residents of Mt. Woodson are requesting our HOA board to create two separate votes for our updated CCRs. One vote for the mandated updates dictated by state and federal law. The second vote on all HOA created adjustments to the CCRs. Below we have listed a few points within the new Declaration Of Restrictions that impact homeowners unnecessarily. We have highlighted them below.

Points in contention within the new Declaration Of Restrictions:

• Section 5.17 Garages. “Except as otherwise authorized by Applicable Law and this Restated Declaration, no one may convert or use any garage for purposes other than parking of the number of vehicles such garage was designed to contain and storage of reasonable amounts of household goods that do not interfere with the ability to park the number of vehicles such garage was designed to accommodate or create a fire or safety hazard. Garage doors must be closed at all times when not being used to ingress or egress of vehicles or persons, or in use for activities when the resident is present in the garage.”

Action: Strike this completely from the Restated Declaration. Homeowners are responsible and can do what they like within the lines of their own garage.

• Section 5.27 Pets. Part 4 “No Akita, Bull Mastiff, Bull Terrier, Cane Corso, Chow (Chow Chow), Doberman Pinscher, Dogo Argentino, Pit Bull (American Pit Bull Terrier), Rottweiler, Staffordshire Terrier (Staffordshire Bull Terrier, American Staffordshire Terrier), Wolf or Wolf breed, or dog being predominantly one or more of these breeds shall be allowed in the community.”

Action: There is a California Law on this. We do not need an HOA governance. Please see, “California Food & Agriculture Code, Division 14, Chapter 9. Chapter 9. Potentially Dangerous and Vicious Dogs. Also referenced: Civil Code. Division 4. General Provisions. Part 1. Relief. Title 2. Compensatory Relief. Chapter 2. Measure of Damages. Article 2. Damages for Wrongs. Also Referenced: Health and Safety Code. Division 105. Communicable Disease Prevention and Control. Part 6. Veterinary Public Health and Safety. Chapter 1. Rabies Control. Also referenced: Penal Code. Part 1. Of Crimes and Punishments. Title 10. Of Crimes Against the Public Health and Safety.” In summary, this is the California statute for the rules and regulations regarding dangerous and/or vicious dogs. It defines what constitutes a dangerous and/or vicious dog, what is to be done with said dog(s), and provides a model provision for municipalities to follow. The other set of provisions contains the relevant dog bite law. California has strict liability for dog bites such that liability is imposed regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

• Section 5.43 Vehicle Parking. Part 3 “No vehicles shall be parked overnight on the Association’s Streets, which are all fire lanes, or in a manner where the vehicle extends beyond the boundaries of a designated parking space, if any, into another parking space or street. Temporary parking of vehicles on streets is allowed subject to parking on just one side of the street to allow for adequate traffic flow. Owners are strongly encouraged to make room on their driveway for visitors, vendors, employees, maintenance workers, or any other vehicle that relates to their home.”

Action: Section 5.43 needs to be re-written to allow for adjustments. No overnight parking is an extreme overreach by the HOA. Example: Home owners can have family or friends park on the side of the road of the homeowner in question for up to 48 hrs. As long as the vehicles in question do not encroach on their neighbors' street side.

• Section 8.9 Fee for Review. “The Board shall have the right to establish a fee for the review and approval of plans and specifications which must be submitted to it pursuant to the provisions of this Article, which shall be reasonably related to the duties performed. Owners shall be responsible for the Association’s costs incurred for review of their plan.”

Action: Remove this from the Restated Declaration completely. Unless “The Board” can clearly articulate why a cost would be incurred to review any plan there shall be no additional costs outside of HOA dues.

• Section 8.13 Enforcement. Part 3 “The Board of Architectural Committee may periodically enter any Lot to ensure that construction is proceeding according to any approved plans.”

Action: This is inherently dangerous. Homeowners have a right to defend their property from trespassers. “The Board” needs to notify a Homeowner before entering any Lot. “The Board” does not have rights over the Homeowner in the United States of America.

The signatures attached or below of this petition are of Mt. Woodson Community Homeowners. We implore “The Board” of the Mt. Woodson Homeowners Association to consider the aforementioned requested action.