May 26, 2017

Cabrillo Remodeling Rules

In accordance with the Covenants Conditions and Restrictions (CC&R’s), The Articles of Incorporation, and the Bylaws of the Association. The Board of Directors has established the following Remodeling Rules and Regulations. The purpose is to treat all homeowners fairly, protect the property values of all homeowners and provide for the safety and comfort of all residents.

1.  The term “Unit” is defined as an Association condominium residential unit located at Cabrillo Tower, 1730 Avenida del Mundo, Coronado, California.

2.  The term “Remodel” or “Remodeling” is defined as follows:

Any structural modification to the interior of a unit, including, but not limited to movement, relocation, construction, or removal of unit walls, ceilings, doors, bathrooms, bathroom facilities, kitchen facilities, balconies, balcony enclosures, or any other room fixture other than wall coverings, or carpeting, or re-surfacing of unit flooring.

3.  No unit may be remodeled without complying with all of the following:

a. Written permission from the Association Board of Directors hereinafter referred to as “The Board” must precede unit remodeling and application for city permits. Written application for Board permission must be made by the owner to the Association Building Manager prior to beginning of any work.

b. Oral applications for permission to remodel a unit made to the building Manager, any individual member of the Board, or at a regular scheduled Board of Directors meeting do not constitute an application for permission under the Bylaws. Any response to oral applications for permission to remodel a unit may not be reasonably relied upon as the basis for remodeling a unit. The Board shall provide a written decision to the applicant. Any verbal representations regarding approval or non-approval of a remodel application shall be of no effect and may not be reasonably relied upon by a unit owner or resident applying for permission to remodel a unit. If approval is denied, the written decision shall describe the specific reasons for denial.

(c) Any written application for permission to remodel a unit must include the following:

(1) A detailed written description of the intended remodeling,   including the nature of the work to be performed, when remodeling activity will be completed, the extent of any construction that might adversely impact other unit owners or residents, and the specific time and days during which heavy construction might occur. “Adverse impact” includes water shut offs and noise.

(2) Written diagrams or drawings detailing the proposed remodeling to scale.

(3) The name, address, telephone number and California contractor’s license number for each contractor who will remodel the unit. Remodeling must be accomplished only by a licensed California contractor, providing copies of Workman’s Compensation and liability insurance policies.

(4) A unit owner signed copy of these Rules and Regulations.

4.  Any approval by the Board for remodeling will be conditioned upon the owner obtaining and providing to the Board, any City of Coronado and/or other required building and Fire Marshal permits. A five hundred dollar ($500) deposit shall be held by the Association to secure cleaning or repairs of common areas made necessary by the proposed remodel. The remainder of the deposit will be refunded to the owner upon completion of the work.

5.  Abatement of asbestos in the unit will be done only by a licensed asbestos contractor. A copy of the license must be given to the Manager.

6.  After receipt of a written application for permission from the Board to remodel a unit, the Building Manager shall notify the owner or applicant of the date, time and place the Board will meet to consider the application. The Board reserves the right to postpone its consideration of a matter in order to conduct additional studies or to seek the advice of outside consultants. The Board must render a decision on an application within thirty (30) days of receipt of the application.

7.  The Board, in reviewing each remodeling application, will exercise reasonable discretion in approving or disapproving a remodel request. The Board may consider the following factors in determining whether approval of the proposed remodel should be granted:

a. How the unit as remodeled will affect the use of the unit interior.

b. Any adverse impact upon other unit owners or residents resulting from the Unit as remodeled, or from construction associated with the proposed remodel.

c. Possible over utilization of Cabrillo Tower facilities that might result from remodeling; Increase in common area maintenance expense, and usage of common areas.

d. Whether the proposed remodel violates the applicable Association CC&R’s, Bylaws, Rules and Regulations, City of Coronado municipal law, the Uniform Building Code, or any other applicable state or federal law regulation.

e. The aesthetic impact, architectural or visual, on the Cabrillo Tower and adjoining properties as reasonably determined by the Board.

8.  The Board shall provide a written decision to the applicant. Any oral representations regarding approval or non-approval of a remodel application shall be of no effect and may not be reasonably relied upon by a unit owner applying for permission to remodel a unit. If approval is denied, the written decision shall describe the specific reasons for denial.

9.  The applicant or any concerned unit owner or resident may appeal Board approval or denial of an application by submitting the appeal in writing to the Board, with a copy to the Building Manager, within ten (10) days after the decision. The Board shall consider the appeal within ten (10) days. The Building Manager shall notify the appellant of the date, time and place the Board will meet to consider the appeal. This appeal shall include any new information from the owner as to the application previously considered by the Board of Directors of the Association. The owner appealing shall set forth reasons why it is believed that the Board of Director’s decision as to the remodeling application should be changed.

10. All proposed remodels must be in strict compliance with the CC&R’s, the Association Articles of Incorporation, the Bylaws, the Rules and Regulations of the Association and any applicable federal, state or local laws or regulations, including, but not limited to, City of Coronado municipal law and the Uniform Building Code.

11. A remodel job must be completed, and all construction activity concluded, within six months from the starting date.

12. The Board or its authorized representative shall have the right, at any reasonable time, to inspect a unit during and at the completion of the remodeling, to ensure compliance with all applicable rules and regulations.

13. Additional kitchens, bathrooms, or other rooms, may not be added to a unit. Additional waste lines may not be added to an existing main waste line in a unit. No structural modification or alterations in a unit are allowed that result in the creation of bedrooms or sleeping spaces over and above the number of bedrooms that appear on the original condominium plan recorded in the Office of the County Recorder of San Diego County, California as Document number 6641 Lot 3.

14. Relocation or detouring of existing vertical cable television lines in a unit or common area is not permitted.

15. Any hard surface flooring in a unit must rest upon an approved flooring sub-system that complies with the Uniform Building Code. Other permissible floor coverings in a unit are carpet over approved pad. Cushion-backed floor vinyl may be used in original kitchen and bathroom areas.

16. The remodel applicant agrees to indemnify and hold harmless and defend the CSCA #1, Association Board of Directors, and Association Building Manager for any liability caused by a discharge of any material or substance, including hazardous material, in violation of California or Federal law. The owner of a unit being remodeled shall hold harmless the Association, the Association Board of Directors and Association Building Manager and defend these same named parties against any personal or property damage liability claims brought by other unit owners or other parties arising out of the remodeling activity.

17. Jacuzzis, bidets, washers and dryers, or other plumbing installations must be covered by owner’s liability insurance policy. Responsibility for any defect, leakage, or overflow is assumed by the unit owner.

18. In the event the Association is required to challenge any unauthorized modification or nonconforming modification, the Association shall be entitled to recover its reasonable costs and attorney fees.

19. Work in units is only permitted from 8AM to 5PM Monday through Friday (No work of any kind is allowed on national holidays). No work is permitted on Saturday and Sunday without prior permission from the Manager.

20. If screens are to be installed, they shall be constructed of gray fiberglass screening with clear anodized one inch aluminum frames.

21. Only blinds, drapes, shutters or curtains shall be used as window coverings. That portion of the window covering that faces the exterior of the building shall be white or off-white.

22. If windows are to be tinted, the shade of tint shall be light gray with “metal fleck”. Please see Manager to obtain a sample of the approved tint.

23. Channeling, coring, detouring or cutting of concrete floors, concrete ceilings, concrete columns, or concrete sheer walls is not permitted.

24. Construction debris must not be thrown down the trash chutes or placed in the Association trash dumpsters. Please bag your construction debris and arrange to have it removed.

25. The Association grocery and luggage carts are not to be used to carry tools, equipment, construction materials or construction debris to or from your unit.

26. Smoke detectors must be protected from airborne contaminants. Warning! Do not leave the condominium without a working smoke detector.

27. You are responsible for any damage to common areas or required clean up in common areas caused by yourself or your workers. Common areas may no be used for storage.

28. In a limited number of areas, the construction of a storage box in the garage, adjacent / within your parking space, may be permitted. Please see the Manager.

29. If a unit owner seeks to replace the window frames and glass, the new ‘installation’ may be moved to a point no less than a distance of thirty (30) inches from the outward ledge. This is in accordance with Coronado fire marshal codes for buildings without sprinklers, which is the case with Cabrillo Tower. There must be a minimum distance of thirty (30) inches from the outermost framework to the outer ledge of the building. The owner shall inform the building manager in writing of the proposed construction at least ten (10) days prior to allow for approval from the Board of Directors.

30. For safety reasons, the CC&R’s prohibit mirrors on the walls of the open balcony area.

31. Balcony enclosures :

a. WARNING!You may be incorporating into your living room an area with no proper roof! The floor of the open balcony above your unit has no roofing material and was not made to be water proof! The Association will not be responsible for water leaks through the ceiling of your enclosed balcony area.

b. All new materials shall conform to the existing glass panels and aluminum frames in Cabrillo Tower and shall conform to Coronado City and Fire Marshal codes.

c. The leveling of any balcony floor and provision for any run off away from the building shall be accomplished by the use of fire-retardant treated wood or equivalent. Terrace units are exempt from this rule.

d. The use of lightweight concrete in conjunction with any element of a balcony enclosure is expressly prohibited. Terrace units may use lightweight concrete to level the floor.

e. The existing balcony railings shall remain in their original positions.

32. These Remodeling Rules and Regulations apply to unit owners who may be doing their own remodeling work.

33. The applicant may be required to remove, at their own cost, any modification not in compliance with Association rules, conditions imposed by the Board of Directors, or federal, state or local law.

Readopted by the Board of Directors on September 20, 1999