It is the desire of the Diablo View Homeowners Association to repair or maintain all fencing on those property lines separating private property of members of the Association and that property belonging to the Association (common areas). The purpose of this rule is to assure continuity in fence maintenance and repair, therefore increasing aesthetics and overall appearance as viewed from outside the project and from the common areas.
Section 4.3 of the Declaration of Covenants, Conditions and Restrictions of Diablo View shall be changed only to the extent of the number of animals. It is now herein stated that an Owner may keep no more than two (2) dogs or three (3) cats, or the combination of two (2) cats and one (1) dog. Section 4.3 shall contain no other changes.
Assessment payments are made using coupon books at Diablo View unless other arrangements are made by the homeowner for electronic payments. Periodically, a courtesy statement is sent to all homeowners for account reconciliation. Payments are due on the first (1st) and late if not received by First Bank by the last day of the month. Payments are to be mailed to:
Payments are mailed directly to First Bank in the envelopes provided with the coupon books. Assessment payments may also be made through electronic means; these can be via automated debit from your checking account, by using the online banking feature at your bank's website or by making the payment using a credit card (credit card option coming in March 2012). Please contact ACI's accounting department for any forms that may be needed or to ask questions about making payments.
The Board of Directors is obligated by the governing documents to collect delinquent assessments. If a member gets into financial difficulty, the board of Directors will consider repayment programs. If you have any further questions, please contact Stefanie Nightingale, Association Communications, Inc., (925) 283-4900 x227.
Formal Notice Concerning Assessments and Foreclosure Please read carefully!
Conventional window coverings must be installed. No foil, sheets or other unconventional items shall be applied to the glass areas or hung from the balconies or decks.
Storage of unsightly items such as recycling or garbage cans or other junk is prohibited. Place these items behind your fence or in your garage promptly after pick-up.
Owners are responsible for any and all damage caused by their pets, or the pets of their tenants.
Barking will not be tolerated.
Dogs are to be leashed at all times while in the common area. The owners of unleashed animals are subject to fine by the county animal control. The owner of any pet creating a nuisance is subject to not only civil or criminal prosecution by the authorities or a private citizen, but also to action by the Board of Directors. Continued nuisances could result in the ultimate removal of the said pet.
Pet owners shall promptly clean up after their pets. The open space areas surrounding the development are not for use by residents as a pet run. All feces shall be picked up. Three doggie stations are installed in the development for pet owners' use; one is located at the entrance to the open space across from the Tot Lot, one is at the trail head at Range View Place and one is located in open space near the East Peak Court trail entrance.
Street parking areas are public. Any violation of City Ordinances regarding parking is subject to fine and/or towing by the Martinez Police Department at the owner's expense.
The speed limit within Diablo View is 25 mph.
Automobile repairs are not to be performed in the driveways. Inoperable vehicles are not permitted to be stored in the driveways. Owners are responsible for keeping their driveways clean.
Commercial vehicles, boats, mobile homes, campers, or trucks over 3/4 ton are prohibited from the development.
Please observe your right to ask anyone who is obviously in violation of these rules to cease the activity immediately. No homeowner should be embarrassed to aid in the enforcement of these rules. It is better for all parties if enforcement is handled in this manner rather than through formal action by the Board. You may ask individuals to identify themselves. Report trespassers to the police.
We completed a major renovation of the Tot Lot in the summer of 2002 that included new play equipment and improved accessibility required by current codes. New "springriders" riding toys were installed in January, 2005. We hope you'll join us in our efforts to keep the Tot Lot beautiful. Parents, please instruct your children to play carefully and safely, and to treat the Tot Lot as if it were their own. We ask that you not allow your dogs and cats to relieve themselves in the Tot Lot area. The hours of operation are from dawn until dusk.
The City of Martinez has adopted a No-Smoking Ordinance effective June 6, 2009. Smoking is prohibited in all common areas within common interest developments such as Diablo View.
Enforcement of these rules, as well as the rules designated in the Bylaws and Declaration of the Covenants, Conditions, and Restrictions (CC&R's) are subject to both special and penalty assessments. Any damage caused to the common area shall be cause for immediate reimbursement for repairs to the damaged area.
Pursuant to Article 10.2.1 of the CC&R's, the Board is authorized to enforce penalties up to a maximum of $50 for each violation per occurrence. For each day that a violation continues, it shall be considered a separate violation and subject to additional penalty assessment.
In order to alleviate the heavy court calendars, the California Civil Code, Section #1354, was amended in 1994 to require that association disputes be resolved alternatively prior to filing a lawsuit.
California Civil Code #1354 addresses your rights to sue the association or another member of the association regarding the enforcement of the governing documents. Failure by any member of the association to submit a dispute to a form of alternative dispute resolution, such as mediation, binding or non-binding arbitration, prior to initiating a lawsuit, may result in the loss of the member's rights to sue the association or another member of the association regarding enforcement of the governing documents.
To initiate the process, serve a request for resolution to the other party. The request must contain 1) a brief description of the nature of the dispute, 2) a request for Alternative Dispute Resolution (ADR), and 3) a notice that the party receiving the notice has thirty (30) days to respond or the notice will be deemed rejected.