Oakridge Estates - Newbury Park
Where sunset arrives a bit early
Documents
Overview of Governing Documents
Oakridge Estates is a Common Interest Development (CID). All homeowners belong to the Oakridge Estates Community Association. When you buy an Oakridge home, you become a member of the association; this is automatic.
State Law
In 1985, Governor Deukmejian signed into law the Davis-Stirling CID Act. This is part of California Civil Code and is revised annually. It, along with documents below, describes how the association is to be managed. Generally, if there is a conflict between the Davis-Stirling Act and any association documents, the Davis-Stirling Act prevails. Homeowners, the board of directors, and the management company equally may treat the Davis-Stirling Act as a definitive legal and reference document.
On Aug 17, 2012, Governor Jerry Brown signed into law a rewrite of the Davis-Stirling Act. It went into effect on Jan 1, 2014. All sections have been renumbered from Civil Code §§1350-1378 to §§4000-6150. The law permits associations to update their governing documents by replacing old statutory references with new ones without membership vote. For example, in our CC&Rs alone, there are 11 references that will need to be changed as follows:
| cc&r DOC LOCATION | OLD SECTION NO | NEW SECTION NO |
|---|---|---|
| RECITALS | 1356 | 4275 |
| 1.04 | 1351(a) | 4080 |
| 2.04(c)(i) | 1368 | analysis needed |
| 3.09(b) | 1365.7 | 5800 |
| 4.09(a) | 1365.5 | analysis needed |
| 4.09(d) | 1366 | analysis needed |
| 4.10(b)(v) | 1366 (twice) | analysis needed |
| 4.10(b)(ix) | 1367.1 | analysis needed |
| 12.06(a) | 1354 | 5975 |
| 12.06(d)(iii) | 1363(h) | 4820 |
Association Documents
There are four key documents, unique to our association, that guide management of association affairs. (A fifth, the architectural rules, is described later.) Links to copies of these documents appear below.
- CC&Rs. The Declaration of Covenants, Conditions & Restrictions, otherwise known as the "Declaration," describes the rights and obligations of the membership to the association, and the association to the membership. This includes maintenance responsibilities and restrictions on the use of property. The CC&Rs must be recorded. They were originally written on Apr 4, 1977, and then rewritten (largely to comply with Davis-Stirling which had preempted much of the content of the original document) on Sep 30, 1999. More recently, on Mar 1, 2012, a new CC&R document, now in effect, was recorded by the Ventura County Clerk and Recorder.
- Articles of Incorporation. This brief document states the name of the association and the general purpose for which it was formed. The document was created Jan 20, 1977, and recorded with the California Secretary of State on Aug 25, 1977.
- Bylaws. These establish qualifications and procedures for the election of directors, their term of office, their powers and duties, etc. Bylaws also contain procedures for annual and special meetings of the membership. Certain elements of the Bylaws may be amended by the board; other elements require membership approval. Homeowners approved new Bylaws on Mar 8, 2011. The new Bylaws replace the original, undated documents from the late 1970s.
- Rules and Regulations. Rules are established by the board for regulation of matters not fully described in the CC&Rs, such as property maintenance and parking restrictions. Our rules were last revised in May 2010.
Important Links
- FAQs Regarding Living in a California CID: This is a lengthy 3-part article written by Andy Sirkin, a San Francisco attorney and real estate developer document. It is written as a series of questions and answers, making it ideal for skimming. It is a valuable primer detailing the rights and responsibilities of homeowners and the association's board of directors.
- Davis-Stirling CID Act: This is a site that makes the Davis-Stirling Act comprehensible. The Act is a huge document, and undergoes annual changes (a total rewrite went into effect in Jan 2014). It includes a comprehensive alphabetical topical index, and all articles are cross-referenced with hyperlinks. Since the Act balances homeowners' rights against the responsibilities of the board of directors, it is an invaluable resource to both parties.
- The Condominium Bluebook: This is an annually updated comprehensive guide to the Davis-Stirling Act and all relevant laws governing condominiums and planned developments. "This over 500 page resource is a road map to the legal side of common ownership and being an informed member of a homeowner association in California today."
- CC&Rs: This is a searchable copy of our CC&Rs that were recorded in Mar 2012.
- CC&Rs: This is the 4 MB scanned document from which the searchable copy was produced.
- CC&Rs Errata: This document identifies the extremely minor but consequential differences between the searchable and scanned versions of the CC&Rs.
- 1999 CC&Rs: This is an unofficial copy of the previous CC&Rs. They are available here only because of their historical value.
- Articles of Incorporation: This is a searchable copy of our 1977 articles.
- Articles of Incorporation: This larger file is a scanned certified copy obtained from the Secretary of State's office.
- Bylaws: This is a searchable copy of our 2011 Bylaws.
- Rules and Regulations: This is a searchable copy of our rules, as revised in May 2010. The document describes a system of fines which are used to enforce the CC&Rs and specifies 15 rules that homeowners are obliged to observe.
Architectural Rules
The architectural rules are a clarification or amplification of what is written within the CC&Rs, particularly CC&R Article 5.
What are the rules for?
The rules, created by authority of the CC&Rs, describe in detail the procedures homeowners must follow when making any changes to the outside of their home. The purpose of the rules and enforcement thereof is to ensure that any improvement is "in harmony with the external design of other structures and/or landscaping within the" development. (See Section 5.06 of the CC&Rs.)
How are they enforced?
The CC&Rs authorize the creation of an Architectural Review Committee, a group of 3-7 homeowners appointed by the board, that enforces the architectural rules.
Before you make any change to the exterior of your home, you must obtain architectural approval. You submit a form describing your change to the committee. Once you are given approval, you may proceed with the change.
Important Links
- Architectural Rules: This is a searchable copy of the October 2012 revision of the rules, now in effect. A one-sentence revision was added in June 2014 to clarify repainting a house with the same colors.
- Architectural Request Forms: A number of forms have been created. The Get Forms page will walk you through a process to select the correct one.
Hierarchy of Documents
Not all documents are created equal—some have more authority than others. The hierarchy of authority among documents is as follows:
- Declaration of Covenants, Conditions and Restrictions (CC&Rs)
- Articles of Incorporation
- Bylaws
- Rules and Regulations
Conflicts between documents can often be resolved by referring to the hierarchy of authority. However, statutes and case law may also control particular issues. Boards should seek a legal opinion whenever they discover a conflict.
Something to Munch On
Article 5 of the CC&Rs begins, "Before commencing construction or installation of any Improvement within the Properties, the Owner planning such Improvement must submit a written request for approval to the Architectural Committee. The Owner's request shall include structural plans, specifications and plot plans satisfying the minimum requirements specified in the Architectural Rules…. Unless the Committee's approval of the proposal is first obtained, no work on the Improvement shall be undertaken. The Architectural Committee shall base its decision to approve, disapprove or conditionally approve the proposed Improvement on the criteria described … below…
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The Owner's plans and specifications conform to this Declaration and to the Architectural Rules in effect at the time such plans are submitted to the Committee;
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The Improvement will be in harmony with the external design of other structures and/or landscaping within the Properties;
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The Improvement, as a result of its appearance, location or anticipated use, will not interfere with the reasonable enjoyment of any other Owner of his or her property; and
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The proposed Improvement(s), if approved, will otherwise be consistent with the architectural and aesthetic standards prevailing within the Properties and with the overall plan and scheme of development within the Properties."
For more information, visit the Get Forms page.