Questions and Answers
The following QUESTIONS AND ANSWERS list is NOT intended to replace the CC&R’s (Conditions, Covenants, and Restrictions), but to be used as a guide to the rules and regulations contained within the CC&R’s. The Sunset Oaks CC&R’s are the official governing documents for the Sunset Oaks Homeowners’ Association.
Had a question and didn't find it on the Q & A, just submit your question to the Manager to be added to the list below. Thank you.
Q: What kind of an Association is Sunset Oaks?
A: It is a planned development, not a condominium.
Q: How many units are there in the Sunset Oaks complex?
Q: What parts of my unit do I own? What parts of my unit am I responsible for maintaining?
A: Unlike a condominium in which you only own the air, you own your structure and everything within it, your patio, and the land. For units with no front patio, you own the land up to the drip line of your roof. Besides maintaining the property inside your unit, you are responsible for maintaining your patio(s), your balcony, rear gutters, and all building wood trim. Each homeowner owns their own roof, but the Association is responsible for its maintenance.
Q: What is considered the HOA’s (Homeowner Association’s) property and the HOA’s responsibility to maintain?
A: All of the common area, pool, pool equipment, garages, lighting facilities, sewers from lot line to main line, sprinklers in common area, maintenance of utilities, sewer and drainage systems not maintained by the City of Sunnyvale or by public or private utilities, parking areas, or recreational facilities, building roofs and building front gutters. For complete listing, refer to Article 4 of CC&R’s.
Q: What is the HOA (Homeowner Association)?
A: The owners of the units of Sunset Oaks are automatically members of the HOA, which is a California nonprofit mutual benefit corporation.
Q: What is web address for the HOA?
Q: What rules and regulations are the HOA bound by?
A: The HOA is bound by federal, state and city laws, such as California Civil Code, entitled the Davis Stirling Common Interest Development Act and by the CC&R’s and Bylaws, which complement state law.
Q: What are the CC&R’s and how binding are they?
A: Covenants, Conditions, and Restrictions are the documents that steer the Association, superseded only by city, state, and federal laws.
Q: What is the HOA Board?
A: A seven person Board of Directors who manage and govern the affairs of the Association. No Director receives compensation for any service provided to the Board.
Q: What is the Board responsible for?
A: The Board is responsible for the performance of the duties of the Association as set forth in the Declaration and in the Bylaws, and supervises all officers, agents, and employees of the Association for the proper performance of their duties.
Q: What is the make up of the Board?
A: The Board is composed of seven elected volunteers. Following each Annual Membership Meeting, the newly elected Board holds an Organizational Meeting to elect their officers.
Q: What happens if not enough people volunteer to serve on the Board?
A: The last duty of the Board would be to turn the affairs of the Association to a Receiver. The court would appoint paid officers to run the business of the Association and their salaries would be paid from the annual assessment of each homeowner.
Q: What are the various committees responsible to the Board?
A: The Architectural Control Committee,
Q: How can I contact a member of the HOA Board?
A: By letter, through the Association Manager, or by attending a regularly scheduled Board Meeting. These monthly meetings are held in the Clubhouse on the 3rd Wednesday of the month commencing at 7pm.
Q: How can I contact the HOA Manager?
A: The Manager has regularly scheduled homeowners’ hours,
Friday: 2pm-5pm, or by
408-991-0113 emergency pager
Q: Who are the employees of the HOA?
A: Association Manager, Kathy Buckley
Association Maintenance: James Chapman and John Dolan
Q: What are their responsibilities?
A: Maintain the property and oversee Homeowner and Association needs.
Q: What is the purpose of the ACC (Architectural Control Committee)?
A: To maintain the architectural standards of Sunset Oaks, to protect and enhance the value of the property, and to safeguard members of the Association from the consequences of unauthorized changes or modifications to the exterior of any residence or the common area, and to insure harmony of the exterior appearance of the buildings or lots visible from the common area and/or the street. Refer to Article 6 of CC&R’s.
Q: What am I allowed to do to the fence and gate that enclose my property?
A: Nothing may be attached to the exterior of the fence. Homeowners may install a lock on their fence gate. Decorations for religious or national holidays are allowed on and in the homeowner's property, and on the inside of patio fences. These decorations may be attached three days before and three days after a religious or national holiday and three days before Thanksgiving until seven days after New Years Day. (See Resolution 27).
Q: I want to change my outside light fixtures. What am I allowed to install?
A: The Board approved an “entryway motion security light” as replacement for original front entry light. This light is available from Home Depot. The cost is approximately $25 plus tax. For more information, call the Association Manager.
Q: What if a want to hang a flower basket from my unit?
A: Provided it is not a safety hazard to the common area and it conforms to Resolution 27, Section 4.12. Plant containers, seen from the common area, must be either terra cotta or brown colored.
Q: Am I allowed to hang a bird feeder from my unit?
A: Seed feeders may not drop any seed into Association maintained landscaping. Best if hung within your private patio. Try a hummingbird feeder--they are seedless!
Q: What are the rules regarding furniture, plant containers and other items placed on my balcony?
A: Balconies cannot be used for storage. Please refer to Resolution 27, Sections 4.11, and 4.12 for complete information on balconies and plant containers.
Q: What if I want to hang some seasonal decorations on the outside of my unit?
A: Decorations for religious or national holidays are allowed on, in homeowner’s property, and on the inside of fences. These decorations may be attached three days before and three days after a religious or national holiday and three days before Thanksgiving until seven days after New Years Day. (See Resolution 27).
Q: What about a satellite dish?
A: Yes. Obtain “Notice of Owner’s Intent to Install Television Satellite Dish/Antenna” from the web site or the Association Manager. In addition, please work with the Manager to determine its location.
Q: What if I want to hose down the sides of my unit or my patio?
A: Because of water waste and the cost to the Association, we ask that this not be done.
Important Note: Especially in the Phase I unit patios. Because the Phase I garages were constructed differently from those in Phase II, water intrusion into the Phase I garages is a major problem. If one should hose down their patio and/or garage in Phase I, it would most definitely create water intrusion into another person’s garage causing damage their personal stored items, the interior sheetrock and the wood structure. This is NOT a good practice.
Q: What if I want to hose down the fence that surrounds my property?
A: The Association owns the fences and water can cause the wood to rot. For this and those reasons stated above, please do not wash down your fence.
Q: What if I want to make a change to my unit that can be seen from the common area?
A: Complete a “Request for Architectural Control Alteration” form. This is available from the web site or the Association Manager. The completed form will be presented to the Board for consideration.
Q: What if I want to make a change to my unit not seen from the Common area?
A: This is permissible. Proper Permits, as required by the City of Sunnyvale, should be obtained, if needed.
REPLACING YOUR WINDOWS
Q: What materials are available?
A: Aluminum or vinyl frames with double pane glass.
- Double pane glass significantly reduces outside noise and internal thermal heat/cool loss, and is usually coated to reduce external solar heat gain during the summer and UV radiation that causes aging/fading of furnishings.
- Aluminum frames conduct some heat/cold and noise.
- Vinyl frames have the same attractive characteristics as the double pane windows – they are poor conductors of heat/cold and noise.
Q: What color can I use in my home?
A: it depends on which part of the complex you live.
- If you live in Phase I you have silver aluminum windows: You may install either the silver aluminum or white windows
- If you live in Phase II you have anodized bronze color windows: You may install the same Anodized Bronze color or white vinyl windows
- Able Glass, and other contractors, do have aluminum windows that are white on the inside and bronze color on the outside
Q: What are the types of replacement options?
A: Retrofit (flush-fin) windows: The existing window frame is not removed and the new window/frame is installed within the old aluminum frame and existing side and top wallboard and bottom sill. The flush fin of the retrofit window forms an exposed external frame of the window. There are some potential negatives to retrofit windows.
- The glass area of the new window is smaller than that of the original window.
- The original aluminum window frame still in place increases the chance of mold.
- There is a chance of water leaks as the new window expands and contracts through the seasons, causing potential adhesive separation.
- Because the original aluminum frame remains in place, the heat gain/loss and noise transmission may be higher than with replacement windows.
- The Association requires the fin to be painted to match the stucco to retain a similar appearance with the surrounding windows – it is not advised to paint vinyl windows.
A: Replacement (nail-on fin) windows: The existing window and frame is removed, the stucco and wallboard is cut out and the new window is put into the hole and nailed into the structural framing – the same way the original window was installed. The outside is re-stuccoed (and if appropriate framed) and the inside is refinished if necessary. The outside and if necessary inside are painted (likely by you, not the contractor). There are some potential negatives to replacement windows.
- The cost will be higher than retrofit windows.
- A building permit may be required and the egress code for new second-story windows may be applicable (window sill must be no more than 44 inches above the existing floor, and the openable area (a single area in the window) must be no less than 5.7 square feet with minimum dimensions of 20 inches wide and 24 inches high).
- There may be some outside and inside painting required by you/others.
A: As an option, argon gas may be injected between the two panes of glass to further reduce – slightly – heat/cold conduction (some manufactures guarantee this for the life of the window).
Q: What insurance does the HOA carry?
A: See the link "Master Policy" in the left navigation column at www.sunsetoaks.org.
Q: In the event of fire damage, what is covered by HOA insurance?
A: See the link "Master Policy" in the left navigation column at www.sunsetoaks.org.
Q: What earthquake insurance does the HOA have?
A: See the link "Earthquake" in the left navigation column at www.sunsetoaks.org.
Q: What lawsuits are currently pending against the HOA?
DUES AND ASSESSMENTS
Q: What are the monthly HOA assessments (dues) used for?
A: They are used for the cost of maintaining, improving, repairing, operating and managing the Sunset Oaks property; refer to Article 9 of the CC&R’s.
Q: What happens if I don’t pay my monthly HOA assessment (dues)?
A: Any assessment not paid within 15 days after the due date will be delinquent and subject to a late charge. In addition, the Board, on behalf of the Association, may cause a lien to be recorded against the name of the recorded owner(s) and Lot covering the delinquent sums.
Q: Have there been any special assessments within the past ten years?
Q: How are repairs and upgrades to the “common property” paid for?
A: Depends on the type of repair or upgrade. Some are from the Operating Budget, others from the Reserves.
Q: Are we anticipating any special assessments in the near future?
RENTAL OF UNITS
Q: What are the rules regarding renting out a unit?
A: Please refer to section 5.15 Leases, for a complete answer to this
Q: Does a renter (tenant) have the right to vote on any issues?
A: No, unless the owner assigns their proxy to their renter.
Q: As a property owner, do I own the garage assigned to me?
A: No, the garages are what is referred to as “exclusive use common area, which means that they are owned by the Association, but unit owners have exclusive use of the garage that has been assigned to their unit.
Q: Who pays for the electricity consumed in the garage, i.e. lights, doors, power tools, etc.?
A: The Association pays the bill, but all common area utilities have been factored into each homeowner’s monthly assessment payment.
Q: What is the rule regarding operating an electrical appliance such as a refrigerator or freezer from a garage outlet?
A: Resolution 28 dated February 16, 2000 states that these appliances will not be permitted unless they already existed in the Association garages. See also 5.05B of the CC&R’s.
Q: What if wish to install or change a garage door opener?
A: An owner who installs a garage door opener assumes all responsibility and maintenance for use thereof.
Q: What is the rule governing off-street parking?
A: Each resident may park one vehicle in off-street parking (driveway) with an assigned SOHA parking tag hanging from the rear vision mirror. Off-street parking cannot be used as storage (parked more than 72 hours without moving). See Section 5.04 of CC&R’s and Resolution 29.
Q: How many parking tags am I allowed to have?
Q: What if my parking tag becomes damaged or is lost?
A: Take the damaged tag to our Manager. It will be replaced at no cost. In the case of a lost tag, report the loss to our Manager. The lost tag can be replaced for a charge of $25.
Q: What are the rules regarding use of the Clubhouse parking spaces?
A: With the exceptions of those persons visiting the Clubhouse for business purposes or attending a private party, the Clubhouse parking lot is considered the same as any other driveway (same as 1 above).
Q: What if I am away for more than 72 hours and I have a vehicle parked Outside my garage within the complex?
A: Notify the Association Manager during such periods of out-of-town-travel. For complete information, refer to Resolution 27, 6.0.
Q: What is the HOA’s responsibility regarding the private streets and driveways within the complex?
A: The Association is required to maintain, repair, and police these areas.
Q: What if I want to wash my car within the complex area?
A: It is preferred that commercial car wash facilities are used. However, hose bibs have been provided in driveways 1 and 13 for this purpose.
Q: Am I allowed to do repairs on my vehicle in the off-street or on street parking areas?
A: Yes. For complete information, refer to 5.10 of the CC&R’s.
CLUBHOUSE AND POOL
Q. Is the swimming pool heated?
A. The swimming pool is heated from April 15 through October 15 by solar. The turn on/off dates can flucuate depending on the weather conditions. However, the swimming pool is maintained year round, but do not expect warm water during the winter months.
Q: What are the rules regarding use of the pool?
A: See attached Swimming Pool Rules (or click here to visit web site for information).
Q: What do I do if I witness a serious infraction of the pool rules?
A: If the infraction is causing a liability to the Association, and it is safe to do so, please try to stop the violation. Otherwise, call 911 or the Association Manager on her emergency pager number (408)991-0113.
Q: What is the Clubhouse address?
A: 675 Picasso Terrace, Sunnyvale, CA 94087.
Q: What are the rules regarding use of the Clubhouse?
A: Only members of the Association can make private party/meeting reservations. See the Manager for the proper form. There is a non-refundable user fee of $85.00 for party reservations and a user fee of $25.00 for meetings (no food allowed). In addition, there is a cleaning deposit required of $50.00 and a damage deposit of $200.00 for both types of reservations, which will be returned to you, provided the conditions of rental have been met and the Clubhouse has been properly cleaned.
Q: If I book a private function in the Clubhouse, are my guests allowed to use the pool or the pool area?
A: Members of any party are FORBIDDEN TO BE IN THE POOL AREA.
Q: How many guests may I invite to the pool?
A: Four guests per unit.
Q: Are Pool parties allowed?
A: No, if there are more than four guests.
Q: Who can use the BBQ’s?
A: Anyone in the pool area and anyone renting the Clubhouse
TRASH AND RECYCLING
Q: What are the rules regarding use of the dumpster?
A: All cardboard boxes must be broken and/or flattened before placing them into the dumpster. Matresses and box springs are not allowed to be placed inside of the dumpsters. Please use proper disposal.
- No construction materials are permitted in the dumpsters such as toilets, water heaters, windows, oversized curtain rods, sliding closet doors, bathtubs, sinks, left-over rolls of carpeting, etc.
- Car batteries, paint, hazardous waste materials, tires, televisions, computers, and/or monitors cannot be placed in the dumpsters. They must be taken to the SmaRT Station, 301 Carl Road, Sunnyvale CA 94089, open 7 days a week from 8 AM to 5 PM, for proper disposal.
If you have large items for disposal call the City of Sunnyvale or Specialty Garbage for a special pick-up. Note: There will be a charge for this pick-up.
Please keep the dumpster gates closed after use.
Q: What day is the dumpster emptied?
A: The dumpsters are emptied on Thursdays.
Q: What about recycling?
A: The City of Sunnyvale provides a recycle toter. If you want to partake of the recycling program, you must contact the Manager, who will order a toter for you. The toters should be put at curbside on Wednesday evening, for pickup on Thursday morning. All recycling toters must removed from the street by Thursday night, after pick-up. Toters are not allowed to be kept/stored in the common area--they must be stored either in your assigned garage or within your private patio.
Please read your CC&R’s and Resolutions so you are aware of what is expected of you as a homeowner or resident of Sunset Oaks.
Finally, if we missed one of your questions, please send it to the Association Manager. We will answer your question and consider incorporating it.