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ENCINITAS RANCH HOMEOWNERS ASSOCIATION PARKING ENFORCEMENT POLICY

Effective March 1, 2006, the following parking enforcement policy will be in effect throughout the entire Encinitas Ranch HOA community. Enforcement will consist of towing vehicles at the owner’s expense or the imposition of a fine in accordance with the recently adopted fine schedule highlighted in a letter to all homeowners on November 18, 2005.

The HOA management company, with the authorization of the HOA Board of Directors, has contracted with a professional parking control company to patrol and cite vehicles parked on HOA streets in violation of Association CC & Rs. The citation and towing of vehicles will apply only to vehicles parked on HOA streets and not in private driveways. The first citation can be considered a warning but, there will be no further notice thereafter. If any vehicle receives two or more citations within a thirty day period, the vehicle is subject to towing at the time of the second citation and any subsequent citation within said thirty day period.

As an alternative to towing a vehicle parked on HOA streets in violation of the CC & Rs, the HOA Board of Directors may elect to impose the $250.00 fine discussed below, subject to the same safeguards regarding notice and opportunity to be heard. The notice of violation would be given after the second parking control citation within a 30 day period.

As stated above, the citation and towing of vehicles pertains to vehicles parked on HOA streets. With respect to vehicles parked in private driveways in violation of Association CC & Rs, a separate enforcement policy will be in force. Vehicles parked in private driveways when available garage space is not being utilized for storage of said vehicle, will be subject to a CC & R notice of violation to the homeowner followed by an opportunity for the homeowner to challenge the validity of said violation at a duly noticed violation hearing. If, following said hearing, the Board determines that there was in fact a violation, the involved homeowner will be fined the sum of $250.00. There is no limit on the number of times this procedure can occur over any given time period so long as the homeowner allegedly in violation is given proper notice with opportunity to be heard.

Developer provided garage space must be used for the parking of automotive type vehicles before driveway parking can be resorted to with one exception. One restricted type vehicle/device described in CC & R Section 6.1.7 (b) may be parked in one garage space to the exclusion of one automotive type vehicle (described in Section 6.1.7[a]), which would then allow that homeowner to park the excluded automotive type vehicle in the driveway.

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