Fresno Municipal Code Art. 40 Covenants, Conditions, and Restrictions

This article outlines the requirements for Covenants, Conditions, and Restrictions (CC&Rs) that are required for various approvals of land divisions.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

Whenever a subdivision includes area under common ownership, the use and operation of which is administered by an owners' association, it shall be regulated by Covenants, Conditions, and Restrictions (CC&Rs).

(Added Ord. 2015-39, § 1, eff. 1-9-16).

CC&Rs shall incorporate the following provisions:

A. Applicable State regulations;

B. The City shall be granted the right of immediate access to all portions of the common areas for the purpose of preserving the public health, safety, and welfare;

C. The association shall have the duty to maintain and repair all on-site sewer, water, and storm drainage facilities, unless the City or Flood Control District have determined that a particular facility should be public to provide necessary system completion or otherwise protect public health, safety, and welfare;

D. The association shall have the duty to pay all utility and waste collection charges which are not separately metered and billed, including, but not limited to, charges for sewer, water, gas, solid waste, sanitation, and electric service;

E. Should public utilities, including, but not limited to, sewer and water be located underneath private streets, or should the street be public while said utilities be private, language shall be provided indicating that the City shall not be responsible for private pavement repairs beyond the minimum amount this is directly related to the future utility main repair work.

F. No property owner shall alter, modify, reconstruct, or do any other thing to any party wall or to any plumbing, electrical, or mechanical fixture located along such wall which will impair the integrity of the wall as a fire separation without the review and approval of the Building Official;

G. Landscaping shall be provided and maintained by the association in those common areas adjacent to public streets and highways. The association shall provide and maintain the landscaping in such areas in a manner compatible with the requirements of the Development Code, and shall not decrease the amount of assessments charged against members of the association if such decrease will adversely affect the ability of the association to perform this maintenance; and

H. The association shall be responsible to provide street sweeping/cleaning within the common areas. The association shall be responsible for the cost(s).

I. Any amendment by the association to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

In addition to the above provisions, CC&Rs for Common Interest Developments (Condominiums) shall incorporate the following provisions:

A. Enforcement. The Association shall be responsible for enforcing and implementing its CC&Rs.

B. Conveyance of Private Open Space. The surface area and appurtenant air space of private open space areas, including, but not limited to, the patio, deck, balcony, solarium, or atrium and any integral portion of that space that may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.

C. Assignment and Use of Required Parking Spaces. Required parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project. To the maximum practicable extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required parking space of another unit.

D. Right of Public Entry to Common Area. Officers, agents, and employees of the City, the County, the State, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all common areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a common area is accessible only through a private unit.

E. Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the common area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the condominiums' association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.

F. Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced as well as any required access routes necessary to assure that firefighting or emergency equipment can reach and operate efficiently in all areas.

G. Access for Construction, Maintenance, or Repairs. Each owner and the condominiums' association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the common area or the owners of the units in common.

H. Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, State, or federal regulation, reference shall be made to the condominiums' association's right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the condominiums' association assumes control of the project, or at that time renegotiate any such contracts.

I. Fire Access. The condominium association shall be responsible for enforcing fire lane parking restrictions, maintaining fire access gates, and for the maintenance and repair of fire hydrant, fire sprinkler, and other fire protection systems and devices. The condominium association shall notify the Fire Dept. within 72 hours of any change to responsible party contact information regarding property maintenance and parking enforcement.

(Added Ord. 2015-39, § 1, eff. 1-9-16).

CC&Rs shall reference by incorporation any Conditions of Approval approved by the Review Authority.

(Added Ord. 2015-39, § 1, eff. 1-9-16).