Mt Olympus Property Owner Responsibilities

2. Obligations Of Owners Of Each Building Site With Regard To Their Property, Including

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The Mt. Olympus Property Owners Association (MOPOA), which has the dual role of being the Declarant under the CC&Rs and also a voluntary property home owners’ association, has attached for your reference:

All property owners are advised to read the complete CC&Rs for a more complete understanding of their duties and obligations under the CC&Rs.

In its role as a voluntary property owners’ association, MOPOA provides for the management, maintenance and care of association property and common areas, maintains architectural control, enforces protective restrictions, and promotes the general welfare of the community.

In its role as Declarant under the CC&Rs, MOPOA enforces Architectural Restrictions, View Obstructions, Patrol Requirements, Fence Heights and Locations, Maintenance of Property, and other provisions in the CC&Rs.

As stated above, the CC&Rs require the property owner to have a community patrolling service for the property. The patrol service currently patrolling the Mt. Olympus community is the Bel-Air Patrol Service which provides a dedicated armed patrol car which patrols the community 24 hours a day, 7 days a week. This service with Bel-Air Patrol Service, or an equivalent patrol service, is mandatory. The property owner is required to execute a contract with Bel-Air Patrol Service, or alternatively, provide proof of sign-up with an equivalent patrol service to the Mt. Olympus Property Owners Association.

The current charges for the patrol service are $40 a month. The Association dues are $95 a year.

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2. Obligations Of Owners Of Each Building Site With Regard To Their Property, Including

Their Home, Under The Mt. Olympus Cc&Rs

PROPERTY OWNERS ASSOCIATION, INCORPORATED

OBLIGATIONS OF OWNERS OF EACH BUILDING SITE WITH REGARD TO THEIR PROPERTY,

INCLUDING THEIR HOME, UNDER THE MT. OLYMPUS CC&Rs

1. The property must be used for residence purposes only and occupied by not more than one family. (Sec. 3.01).

2. No noxious or offensive trade or activities may be conducted on the property, or anything that may be or become an annoyance or nuisance. (Sec. 3.04).

3. Campers, trailers, boats or trucks must be properly located on the property. (Sec.3.05).

4. Poles and/or antenna must be properly placed on the property. (Sec. 3.10).

5. Buildings, etc.,on the property must conform to prescribed standards of height, material, floor area, etc. (Sections 4.01 to 4.04).

6. Fences, trees and obstructions on the property must conform to height and location restrictions, particularly where a view obstruction is involved. (Sections 5.01 to5.03).

7. Size and location of signs on the property must meet specified requirements. (Sec. 6.01).

8. Damaged or destroyed structures on the property must be repaired. (Sections 8.01 and 8.02).

9. Statutes, fountains and ornamental features on the property are required to be improved and maintained. (Sec. 10.01(c)).

10. Owners are required to provide a community patrolling service for their property until a community patrolling service is assumed or provided for by municipal authority. (Sections 10.01(b) and 10.03). Having an alarm response is not considered as providing a community patrolling service.

11. Owners must perform all duties incident to maintaining their respective lots and building sites (including homes), including vegetation thereon, in neat, clean and good order. (Sec. 10.04).

In addition, Owners are obligated to obtain approval and/or authorization of The Mt. Olympus Property Owners Association (MOPOA) under Sections 3.10, Poles and Antennas, 4.03 and 4,04, Character and Size of Buildings, 5.02 and 5.03, Fences and Trees, 7.01, Approval of Plans and 8.02, Damage or Destruction of Improvements.

The obligations listed above are the major obligations under the CC&Rs. There are other obligations recited in the CC&Rs and all Owners are advised to read the complete CC&Rs for a more complete understanding of their duties and obligations under the CC&Rs.

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PROPERTY OWNERS ASSOCIATION, INCORPORATED

MOUNT OLYMPUS CC&Rs

DECLARATION OF ESTABLISHMENT OF RESTRICTIONS

The Mt. Olympus Property Owners Association (MOPOA) through its Board of Directors has been legally appointed the Declarant under the above Declaration and has the responsibility to enforce, to the extent it deems appropriate, the above Declaration. The below exposition is meant to more fully outline the obligations of Owners under the above Declaration.

Uses of Property

Article III deals with the use of the property. Of particular note are Section 3.01 which states that all building sites shall be used for single family, residential purposes only, Section 3.04 which states that “No noxious or offensive trade or activity shall be carried on upon said property or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood, Section 3.05 which states that campers, trailers, boats, trucks and dismantled automobiles or automobile parts shall be maintained upon any property unless kept in an enclosed area and out of the view of any other lot or street, and Section 3.10 which states that no pole or antenna for the receipt or transmission of radio or television or other microwave signals shall be constructed, erected or maintained on any building or on any building site in such a manner as to be visible from the outside of any such building.

Buildings

Article IV deals with the character and size of buildings and in general states that no building shall be erected or maintained on any building site except one (1) single family dwelling house not more than two(2) stories in height above the highest ground level, nor shall it be smaller than 1,800 square feet, shall be of new material (including fences, walls and other structures). Accessory buildings or garages shall be not higher than the dwelling house, shall conform in architectural design and exterior materials and finish to the dwelling house and shall be only for the use of the owner or occupants of the building site.

Fences and Trees

Article V deals with fences and trees. Section 5.01 states that no fence or boundary wall shall have a height greater that six(6) feet above the finished graded surface of the ground upon which it is located and Section 5.02 states, in essence, that no wall or fence shall be erected or maintained within the area between the house and the street without the written approval of Declarant.

Section 5.03 states that no obstructions or trees which would deprive any owner within a five hundred (500) foot radius of a view shall have a height greater than ten (10) feet above the finished graded surface of the ground upon which it is located.

Signs

Article VI deals with signs and states that a sign not larger than 150 square inches may be erected behind the setback area of the lot as to any street.

Article VII deals with the approval of plans and is very detailed. It applies to all structures which are to be erected, constructed, altered or maintained and requires submission of plans and specifications, including exterior color scheme and a block plan indicating the exact location on the building site (for major or new construction). As stated in Section 7.01, the approval of said plans and specifications may be withheld not only because of their noncompliance with any of the specific conditions, covenants and restrictions in this and other clauses hereof, but also by reason of the reasonable dissatisfaction of Declarant with the grading plan, location of the structure on the building site, the color scheme, finish, design, proportion, architecture, shape, height, style or appropriateness of the proposed structure or altered structure, the materials used therein, the kind of pitch or type of roof proposed to be placed thereon, or because of its reasonable dissatisfaction with any or all matters or things which, in the reasonable judgment of Declarant, would render the proposed structure or alteration inharmonious or out of keeping with the general plan of improvement of said property or with the structures erected on other building sites in the immediate vicinity of the building site upon which said structure is proposed to be erected or altered.

Article VIII deals with repair of structures or any portions thereof on property which have been damaged or destroyed by any cause. It essentially gives an owner 90 days to commence repair and one year to finish repair. If the owner does not meet these time schedules, he shall pay to Declarant $250 for each month delay in commencement and completion. This obligation runs with the land and is binding on successor owners. Repair and reconstruction must be done in strict compliance with approved plans and specifications for the original construction or deviations approved by Declarant.

Article X relates to the maintenance of property and places upon the owner of each building site, in Section 10.03, the duty and responsibility to perform upon his or her properties all of the duties listed in Section 10.01 not assumed or provided for by municipal authority. Included in Section 10.01 are maintenance of statues, fountains, and other ornamental features (10.01(c)) and corrective action to avoid washout and erosion (10.01(e)). Section 10.01(b) includes sweep and clean streets, dispose of rubbish, garbage and the like from property and provide community patrolling service until such time as such duties are provided for by municipal authority.

Section 10.04 states that the owners of lots and building sites shall be obligated to perform all duties incident to maintaining their respective lots and building sites, including vegetation thereon, in neat, clean and good order. This obligation, by opinion of counsel, includes the homes thereon and any other things within the lot boundaries, such as sidewalks, driveways, and gutters. Owners cannot take or permit any action that would alter the water drainage pattern or permit artificial sprinkling, watering or flooding for extended periods that would cause geological or flood hazards.

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This NOTICE pertains to the MANDATORY APPROVAL required for Construction or Exterior Remodel pursuant to the Architectural Policy and Procedures of the Mt. Olympus Property Owners Association (MOPOA) and the CC&Rs of Mt. Olympus.

You are reminded that if you are planning or have begun ANY construction, renovation or major repair that is visible from the outside (front, back or sides of your property) or which involves opening of any part of an exterior wall, you MUST obtain Architectural Approval from MOPOA.

Such approvals are also required for pools, decks, fences, monuments, entries, windows, and any other exterior construction. This applies equally to all properties within the Mt. Olympus Development.

This requirement is SEPARATE from any construction plan approval that you may require from Los Angeles Building and Safety Department.

This MOPOA Architectural Approval is a LEGAL requirement, since MOPOA is the DECLARANT of the Mt. Olympus Development, and thereby has the responsibility to maintain the esthetic architectural harmony of structures and surroundings, and preserve the view rights of all residents. The specific requirements are detailed in Articles 7.01-7.05 of the CC&Rs. A copy of Article 7.01 is attached.

MOPOA also has the legal power under the CC&Rs to record certificates of NON-COMPLIANCE against properties/constructions that are not in compliance with Architectural Approval Guidelines or that violate provisions of the CC&Rs. These certificates will appear in any procedure that involves a title search, such as borrowing against, refinancing or selling the property, and will be required to be removed at that time through compliance and at considerable cost.

So, if you are planning any remodeling or construction or are aware of any of your neighbors doing so, please contact Committee members Mel Remba at 851-1647, or Steve Schoenfield at 851-6622 or the Association telephone 213 481-4555. We strongly suggest that you contact us BEFORE beginning any construction or demolition.

You will find the Architectural Committee to be helpful, fair and professional. We are here to facilitate the improvement of your home, not to hinder your plans. This benefits us all.

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All of us have noticed the large numbers of home sales and construction/remodeling in Mt. Olympus. This activity keeps your Architectural and CC&R Compliance Committees very busy. Let us share with you why it is in everyones best interest to comply with the CC&R rules regarding home remodel or construction. (Section 7.01 of the CC&Rs).

On several occasions, pending sales of homes here were held up by escrow/title companies because they discovered a “CERTIFICATE OF NON-COMPLIANCE” recorded against their property some years ago. These certificates were filed by MOPOA’s attorneys in some cases 10 or more years ago, when an owner violated the Architectural guidelines or did not apply for approval for a remodel. These certificates cloud the title, and the sale or refinance cannot proceed until MOPOA releases the recorded violation and collects the unpaid fees. These fees include legal and recordation fees as well as penalties and accrued interest, and can run into the thousands of dollars. All fees received from the filing and removal of “CERTIFICATES OF NON-COMPLIANCE” are deposited into MOPOA’s account and are used to offset Architectural Committee expenses.

MOPOA can and will file “CERTIFICATES OF NON-COMPLIANCE” against properties that violate the architectural requirement of the CC&Rs.

As such, if you contemplate ANY construction involving the exterior of your home or your front, rear or side yards, even a minor cosmetic change, you MUST contact the Architectural Committee of MOPOA who will advise you and help you obtain a letter of approval if appropriate.

We are here to help, not to hinder, the beautification and added value of your home.

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ARCHITECTURAL APPROVAL APPLICATION

Date sent: Date of Approval:

For new construction, substantial reconstruction, additions, exterior modification or renovation of property falling within the

CC&Rs of the Mt. Olympus subdivision.

Applicant:______________________________________________________

Address of property: _________________________________________________________

Applicant’s current mailing address ______________________________________________

Applicant’s current email address: _______________________________________________

Telephone number of contact person: _____________________________________________

Telephone number of contact project manager/architect: _______________________________

Title held in name(s) of and manner:

__________________________________________________________________________

Date on which you acquired this property: _________________________________________

Present approximate square footage of house: ______________________________________

Square footage of proposed addition, if any: _______________________________________

Description of proposed new construction/remodel/renovation:

1) Primary residence: ________________________________________________________

2) Exterior structures: ________________________________________________________

(supply additional pages for detail)

Plans were approved by the LA Department of Building and Safety on or about ____________

All required corrections/changes HAVE/HAVE NOT (circle one) been made on the plans submitted herewith

or to be submitted to the committee.

Signatures below evidence that:

I/We understand that any approval of plans are conditional upon completion of our construction in exact conformity

with the plans/specifications submitted to MOPOA, the Declarant, and compliance with any related conditions set forth by Declarant.

I/We do hereby swear and attest under penalty of perjury that the foregoing is the truth, and further declare that all related

or attached information to be truthful.

Signed _______________________ Signed ________________________________

Applicant Applicant

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For several years, the Board of the Mt. Olympus Property Owners Association (MOPOA) has, by letter, Newsletter and repeated personal communications, informed residents of Mt. Olympus of the all important issue of view preservation in our hillside community, in accordance with the provisions specified in Section 5.03 of the CC&Rs regarding tree height. It was our hope that all homeowners would respect their neighbor’s rights to a reasonable view, which is not obstructed by the maturing trees which grow all over Mt. Olympus. The only way to accomplish this is by periodic trimming and thinning of trees which are on the individual properties.

Many homeowners have trimmed and maintained their trees, in response to their neighbor’s or to the Association’s legitimate requests for trimming and lowering tree height, however, there are still many who violate this CC&R provision and do not maintain their trees, thus obstructing the views of others.

Several litigations and court decisions have resulted from this problem and it is important to note that IN EVERY CASE regarding tree view obstruction in view communities, three of which have been in Mt. Olympus., judges have ruled in favor of the party whose view was obstructed and ordered trees to be cut, even to the 10 ft. height specified in our CC&Rs.

In response to continuing violations regarding tree heights and view obstructions, MOPOA has developed the following procedure:

What follows this letter is a copy of the MOPOA Policy on Peaceful Enjoyment which was approved by the MOPOA Board of Directors in February 2008.

The Policy addresses the maintenance of tranquility and peace in Mt. Olympus under the Mt. Olympus CC&Rs, the violation of such tranquility and peace by party houses, filming, pets, unruly youth activity, speeding by residents, etc. and the actions which will be taken by MOPOA to control and correct such violations.

Of particular importance is filming activity which affects both immediately adjacent homes and the Mt. Olympus community as a whole and which creates annoyance, nuisance and traffic safety issues, not to mention inconvenience upon the rights of others. Such filming can cause undue noise throughout the night, traffic problems in the general vicinity, safety concerns due to upslope curves with high speeding cars, and the loss of one's right to park his/her own car, a guest’s car or a worker’s car near a jobsite house. Such filming can also invite unnecessary people into our area and create an increased opportunity for crime by allowing strangers the ability to locate and study potential crime victims and their homes. The Patrol finds this type of activity difficult to control. Also, since this hillside neighborhood carries noises in strange ways, noise from such filming can, and does, disturb homeowners throughout the entire community.

Film producers often have to request permission from nearby homeowners, in addition to the homeowner whose property is being used, in order to obtain a permit allowing such filming. Any and all property owners, tenants or occupants who grant such permission to allow filming will be considered to be in violation of the Mt. Olympus CC&Rs if any of the above problems occur and will thus subject themselves to any and all legal actions granted MOPOA and other property owners under the CC&Rs. Property owners, tenants and occupants are thus implored to carefully examine the exposure to the community that they are encouraging, causing and allowing by granting permission for such filming and all possible resulting consequences.

One of the objectives of the Mt. Olympus Property Owners’ Association (MOPOA) is to promote the general welfare of the Mt. Olympus community. The MOPOA Board of Directors is the Declarant of the CC&Rs which were enacted for the mutual benefit of the lots comprising the area of Mt. Olympus and their respective owners. In addition to the owners of the lots having a general covenant of quiet enjoyment, which covenant is an assurance that a property owner shall have legal, quiet and peaceful possession of the property, the owners of the lots are assured under Article III, Section 3.01 of the CC&Rs that “All building sites shall be used for residential purposes only” and under Article III, Section 3.04, that “No noxious or offensive trade or activity shall be carried on upon said property or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood.” Maintenance of tranquility and peace in Mt. Olympus has been a subject discussed in the Olympress newsletter since the formation of MOPOA. For the last several years, the MOPOA Board has, through the Olympress, informed the owners and residents of Mt. Olympus of the problems posed by party houses, filming, pets, unruly youth activity, speeding by residents, etc., as well as the actions that the Board has and will continue to take in attempting to stop or mitigate the affects of such activities.

Pursuant to its authority as Declarant under the CC&Rs, the MOPOA Board shall notify those owners, and their resident tenants, whose activities and/or property it believes to be in violation of the above provisions of their obligations under the CC&Rs, either through the actions of the owners, directly, or by their tenants or property occupants, who either themselves or through the actions of others, cause, permit, condone or sanction such violations by virtue of their status of ownership, tenancy or occupancy of the property covered by the CC&Rs. Such violations may include, but are not limited to, any or all of the following:

Permitting commercial filming to take place on the property which would violate the CC&Rs

Giving permission for commercial filming to take place which would violate the CC&Rs

Personally having or allowing parties to take place near the property which are held or conducted in a manner which violates the CC&Rs

Allowing cars to be housed on the property that are used, maintained or operated in a manner which interferes with or infringes upon any other property owner’s right of peace and tranquility under the CC&Rs and/or which endangers the safety of persons or property within the geographic boundaries of Mt. Olympus in violation of the CC&Rs

If, after such notification, an offending property owner fails to correct the violation in an acceptable manner and in a timely fashion, MOPOA will send a Notice of Violation to the offending property owner and to its resident tenant or occupant. Should the violation continue, MOPOA will take such action under the CC&Rs as may be deemed necessary to correct the violation, including taking legal action [under the provisions of Article XII, Section 12.04] to force the offending property owner, tenant or occupant to cease all actions giving rise to the violation

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