The following is an excerpt from the association’s CC&R’s pertaining regulation regarding Landscaping and its maintenance:
Article 2 – Uses of property (relevant paragraph)
2.13. No rubbish, debris, obnoxious weeds, uncultivated vegetation, or vegetation infected with various insects or plant disease shall be accumulated or maintained on any portion of said property which renders said portion of property unsanitary, unsightly, offensive or detrimental to any other portion of said property or to persons residing in said Tract 23753.
Article 10 – Planting
10.01. Within six (6) months following the completion of the dwelling on any building site, the owner shall expend for plants, trees, flowers or other shrubbery the sum not less than one per cent (1%) of the minimum cost required for said dwelling and shall plant same thereon so that at least sixty per cent (60%) of such sum shall have been expended on the front yard and fill slopes of the building site. In the case of a corner lot at least seventy-five per cent (75%) shall he expended on the front yard, side yard adjoining the street and fill slopes of said corner lot building site. All plants, trees, flowers and shrubbery shall be kept in a healthy growing condition, cultivated, trimmed and in neat and good order.
10.02. The Association, after reasonable notice to the owner of its intention to do so, shall have the right at all times to enter on or upon said property or any building site included therein that is vacant, or untenanted, or unmaintained and unkept.
(a) To plant or replant, cultivate, trim, cut back, remove, replace and/or maintain trees, shrubs or plants on the fill slopes of said building sites,
(b) To plant or replant, trim, cut back, remove, replace and/or maintain on the level portions of unlandscaped building sites such planting as is reasonable and necessary for surface erosion control,
(c) To cultivate, trim, cut back, remove, replace, replant and/or maintain on the level portions of landscaped building sites the existing landscaping and planting.
(d) To trim, cut back or remove any tree or trees, shrubs or plants that substantially interfere with or materially limit the view of property owners to the side of or above any property; the determination of the obstruction of view of any property owner shall be so-determined by the Association through the Architectural Committee and their findings shall be final and conclusive.
10.03. No rubbish, brush, weeds, undergrowth, diseased or infected vegetation or debris of any kind or character shall ever be placed or permitted to accumulate upon any building site or portion thereof. Should the owner fail to keep said building site free of rubbish, brush, weeds, undergrowth, diseased or infected vegetation or debris of any character, the Association, after reasonable notice to the owner thereof of its intention to do so, may enter upon said building site and clean, spray, destroy and remove any rubbish, weeds, undergrowth, diseased or infected vegetation or debris of any character and keep the building site neat and in good order.
10.04. The Association shall establish and assess the owner of the building site concerned the reasonable costs and expenses incurred for work performed by virtue of the Association’s exercise of its rights under Article 10 and fix a date for payment and delinquency thereof, at which time the assessment shall become a lien upon, and enforceable and collectible by the Association against said building site and the improvements thereon in the same manner as provided in Article 11 herein with respect to the liens for annual assessment; provided, however, that any such liens shall be subject and subordinate to the lien of any bona fide mortgage or deed of trust executed in good faith. Notice of such cost assessment and payment date shall be given as provided in Article 11, Section 11.06 herein.