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Rio del Oro CC&Rs

Article VII — Maintenance Responsibilities of Property Owners

Section 7.01 — Landscaping and Fencing

Front yards will be initially landscaped and provided with automatic irrigation systems by the Declarant or each Merchant Builder. All Lots shall contain at least one tree within the front yard at any given time after the close of escrow. If a Lot’s front-yard contains only one tree and such tree is removed, the Owner of such Lot shall promptly replace such tree with a tree of like size and species. In accordance with RCMC § 23.716.060(A) & 23.719.130(c)(2), at least twenty-five percent (25%) of a Lot shall contain pervious surface (surface that allows water to percolate through), and no more than forty percent (40%) of the front-yard area of a Lot shall be non-pervious surface (e.g. sidewalks, driveway, or parking). Driveway pavement shall be five (5) feet from the side property line of the Lot in order to provide an area of landscaping between adjacent lots. This setback requirement excludes pedestrian walkways from the driveway to the side yard area.

Rear yard landscaping shall be completed by the Owner within six months after the Close of Escrow in the transaction for the purchase of a residential Lot by the first Owner to acquire the Lot from the Declarant or a Merchant Builder. Landscaping shall be installed using high quality workmanship and materials, and incorporating the use of specimen accent trees at key visual focal points and native and drought tolerate plants where appropriate. The landscaping should incorporate the harmony of design and location of other improvements on the Owner’s Lot, with attention to factors such as the enhancement of, or detraction from, the value of surrounding and the general aesthetic appearance of the Development.

Section 7.02 — Owner Maintenance and Repair Responsibilities

(a) Each Owner shall be responsible for the maintenance and repair of his or her Residence, Lot or Separate Interest in a first-class condition consistent with the maintenance standards prevailing in the Development. The Master Association shall maintain at its principal offices and provide to each Owner upon request a Maintenance Manual prepared by the Declarant which pertains to the maintenance and repair obligations of Owners under the Governing Documents. Without limiting the generality of the foregoing, each Owner’s repair and maintenance obligations shall be in accordance with the Maintenance Obligations as set forth in the Maintenance Manual (see subparagraph (b), below) and shall extend to and include:

(i) Painting, repairing, replacing and caring for roofs, fences, exterior building surfaces, exterior glass surfaces, exterior doors, and to maintaining all front- and rear-yard areas;

(ii) Weekly mowing, trimming, edging of lawns and other ground cover, removal of overgrown, dead, or dying plants and weeds;

(iii) Watering at intervals necessary to keep grass, shrubs and trees on the Owner’s Lot or Separate Interest in an attractive condition; and

(iv) Maintenance of drainage facilities on the Owner’s Lot or Separate Interest.

(b) Owner Maintenance Manuals. The Master Association shall maintain at its principal offices and provide to each Owner upon request a Maintenance Manual prepared by the Declarant which pertains to the Maintenance Obligations of Owners under the Governing Documents with respect to Lots, Separate Interests, and Residences. The Master Association shall have the right to charge the requesting Owner a fee for the Maintenance Manual equal to the actual cost to the Master Association of providing a copy to the Owner. By accepting a deed to any Lot or Separate Interest within the Development, each Owner acknowledges and agrees that the Owner is required to comply with all of the recommended Maintenance Obligations and schedules set forth in the Maintenance Manual and each Owner is further obligated to provide a copy of the Maintenance Manual to any successor purchaser of the Owner’s Lot or Separate Interest.

(c) Enforcement. In the event that an Owner is not maintaining his or her Lot and Residence in a manner that is consistent with the prevailing standards in the neighborhood, the Master Association or other Owners may initiate dispute resolution procedures in accordance with Article XII, below.

Section 7.03 — Drainage Structures, Ditches and Swales

(a) Each Owner shall keep drainage courses, ditches and swales on his or her Lot free and clear of all obstructions and shall, in cooperation with contiguous property Owners (including the Master Association and the Declarant as to any contiguous parcels owned by them), maintain all such drainage ditches, swales and culverts common to their Lots or Separate Interests in good order.

(b) No Owner or resident shall alter or obstruct a natural drainage course, or materially add to the natural water volume of said drainage course, without making adequate provisions with respect to neighboring Lots or Separate Interests. Any such alterations, obstructions, or additions to water volume shall be considered a work of Improvement that is subject to prior review and approval by the Architectural Review Committee.