GOLF PATH PROHIBITED

NEW HOA RULE:
7. GOLF COURSE/GOLF CART PATHS. The golf course and golf cart paths are for golf use only and may not be used by Association members for skateboarding or bicycling. Motorized scooters may not be used on the golf course or golf cart paths. Walking or logging on the golf cart paths are also prohibited.

HOA BOARD HAS NO AUTHORITY TO MAKE GOLF COURSE RULES

The Board and its lawyer Guralnick are very aware that according our CC& R section 4.1 (see below) the Board has absolutely no authority to restrict the homeowner access to the Golf Course including the Golf Path.

Lawyer Guralnick and the HOA management are well aware as should the Board be aware, that Plaza (Sunrise, Bill Bone) according to the original CC&Rs stated as follows:

CC&R's

Recorded October 5, 1978

9.11 Golf Cart and Pedestrian Paths. In connection with Declarant's development of the Project and Plaza's development of the Monterey Country Club, an extensive system of paved paths will be installed. Such paths will be generally located approximately on the boundaries dividing the Project from the Monterey Country Club. In some cases, however, portions of such paths may be located entirely on the Project or entirely on the Monterey Country Club. For convenience, notwithstanding the precise property lines of the Project and of the Monterey Country Club, the Association shall be responsible for maintaining all landscaping on the

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residential side of such paths; Plaza shall be responsible for maintaining all landscaping on the golf course side of such paths. The cost of maintaining such paths (which will be used for both pedestrian travel and golf carts) shall be divided equally between the Association and Plaza.

RESTATED CC&Rs

September 2003

ARTICLE 4 - RIGHTS OF MONTEREY COUNTRY CLUB.

4.1 Country Club Rights. This Section 4.1 summarizes the rights described in Section 9.4

of the Original Declaration. Every Owner shall have a right and nonexclusive easement of ingress, egress, use and enjoyment over, upon and in the Monterey Country Club, reserving unto Country Club, however, the right to administer the use and enjoyment of such nonexclusive easement and to impose certain limitations and requirements in connection with such use and enjoyment. Such nonexclusive easement shall be appurtenant to and pass with title to every Condominium. Upon the acquisition of a Condominium l each Owner shall enter into a membership agreement with Country Club whereby the Owner shall become a

"Proprietary Club Member" subject to the limitations hereinafter set forth. Such membership agreement shall be in form and substance satisfactory to Country Club and shall be for the purpose of setting forth the rights and remedies reserved to Country Club with reference to the granting of the nonexclusive easement as described in this Paragraph 4.1, and the obligations, liabilities, requirements, and limitations which Country Club shall have the right to impose on the Owner s use and enjoyment of the Monterey Country Club. Country Club shall have the right:

   (Sections 4.1.1 through 4.1.12 delineates the Golf Club right to impose certain limitations and requirements in connection with such use and enjoyment. Which does not include prohibiting homeowners walking, jogging, etc. on the Golf Course or Golf Paths 

4.1.1 To limit the nonexclusive use and enjoyment of the Monterey Country Club by

Owners to those who are Proprietary Club Members in good standing and to limit golf playing privileges and tennis playing privileges to not more than four members per Condominium in the case of multiple ownership, or other than individual ownership, whether in the form of tenancy-in-common, or firm, partnership or corporate ownership; provided, however, that all golf playing privileges and tennis playing privileges shall be subject to the requirement of the payment of fees as provided in Paragraph 4.1.9.

4.5 Golf Cart Paths. An extensive system of paved paths are generally located approximately

on the boundaries dividing the Project from the Country Club. In some cases, however, portions of golf cart paths may be located entirely on the Common Area or entirely on the Country Club Property. For convenience, notwithstanding the precise property lines of the Association Property and of the Country Club Property, the Association shall be responsible for maintaining all landscaping on the residential side of the out of bounds stakes as they were located on the date of recordation of this Restated Declaration; Country Club shall be responsible for maintaining all landscaping on the golf course side of the out of bounds stakes

as they were located on the date of recordation of this Restated Declaration. The cost of maintaining golf cart paths shall be the responsibility of the Country Club.