Architectural Control Committee
Welcome. Here you can find all info related to the Lake Francis Estates ACC.
Lake Francis Estates Subdivision (LFE)
Created by Elmer and Emma Ingersoll in 1967, Lake Francis Estates is a Subdivision Development of approximately 20 acres, originally divided into 58 lots, which are subject to Covenants, Conditions & Restrictions (CC&Rs) recorded with the State of California. It has an Architectural Control Committee (ACC) that interprets the CC&Rs and issues subsequent guidelines.
When persons purchase property in Lake Francis Estates they are issued a membership share in Lake Francis Mutual Water Company appurtenant to each original lot, which entitles the member to receive water for domestic and irrigation use.
No. In order for an entity to be subject to the Davis-Stirling Common Interest Development Act, it must fall into the definition of an association. Civil Code Section 4080 defines an association as "an unincorporated association created for the purpose of managing a common interest development." Because there has been no association formed for the purpose of governing Lake Francis Estates, but only a binding CC&R document, it is not subject to the Davis-Stirling Common Interest Development Act. Additionally, an association cannot be formed without 100% of property owners voting that such an association be formed.
Some in the past have confused The Final Subdivision Public Report on Lake Francis, Tract No. 100 ("The Report") as proof of the formation of an Association. However, it is a non-binding report that merely reflects the Department of Real Estates' understanding of the rights and obligations of interested parties in the Lake Francis Estates development. Further, the understanding expressed in the Report expired on September 24, 1992, meaning the information contained in this Report can be inaccurate.
Additionally, In order to be subject to the Davis-Stirling Act, "there must exist a common area owned either by the association or by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.”
No such common areas exist at Lake Francis Estates. The beach area, often mistaken to be a common area, is actually owned by the Yuba Water Agency. However, Lake Francis Estate property owners have a prescriptive easement walking path across private property in order to traverse the beach.
Yes and No. Living in a temporary structure is only allowed for a period of one year, and only during construction of a permanent residence. This is according to Section 5 of the subdivision's CC&Rs, which state:
No trailer, basement, shack, garage, or other out-buildings, which are erected or maintained in the subdivision, shall at any time be use only temporarily as living quarters during construction of standard buildings. In any event trailers or mobile houses shall not remain on any lot for a period of more than one year.
Also, before one may bring in a trailer/motorhome while building, they must have a permit to build and approved plans from the county, and the plans must be signed off/approved by the Lake Francis Estates Architectural Committee. Storage of RVs, autos, or setting up tents, camping, or picnicking on undeveloped lots is not permitted. This is in line with the Ingersoll's vision of Lake Francis Estates, as they purposed it to be a housing subdivision (i.e. "Estates") rather than a storage facility or campground extension of Lake Francis Resort.
For a full list of the CC&Rs, please click here.
Any home built within Lake Francis Estates must have a minimum of 600 Sq. feet of living space.
Additionally, as required by our CC&Rs, all homes plans must be submitted to and approved by the Architectural Control Committee prior to commencement of any construction.
For a full list of the CC&Rs, please click here.
We highly recommend against it.
It is true that a modular home can be installed on any lot in California, in any neighborhood, without the possibility of discrimination based on where the home was built, so long as it conforms to the local zoning requirements and the California Building Code (CBC).
However - the roads in LFE are narrow, old, and weak. And more importantly, many of the old water pipes that still service the subdivision are under these roads. A property owner could therefore be liable for tens of thousands of dollars in repairs, for any damage to the road, trees, plants, and the water pipes, while attempting to install manufactured housing, which is very likely to occur. And if the water pipes are damaged, they can also be liable for loss of service damages from every household multiplied by every day that water service remains unavailable until repair.
Additionally, as required by our CC&Rs, all homes plans must be submitted to and approved by the Architectural Control Committee prior to commencement of any construction.
For a full list of the CC&Rs, please click here.
Probably not. Any business activity which has the potential to cause any annoyance or nuisance (such as but not limited to: increased auto or foot traffic, increased shipping carrier traffic, additional noise, etc.,) is not allowed. So while a home office would not cause such an annoyance, almost any other type of business likely would. The CC&Rs Section 4, under Trade Restrictions, state:
No trade, craft, commercial or manufacturing enterprise conducted for profit shall be carried on upon any lot which may be or become and annoyance or nuisance to the adjoining properties or to the neighborhood. The Architectural Control Committee shall first approve any deviation.
If you are contemplating conducting a business within LFE, please contact the ACC for guidance and direction, and approval of any deviation.
No. Section 12 of the CC&Rs state:
No livestock, including poultry, shall be raised, kept or permitted on any of the residential property, other than ordinary domestic animals for owner’s personal use.
For a full list of the CC&Rs, please click here.
The following Internet service providers are available at LFE:
No. However, a long standing 56+ year prescriptive easement to enter the private Lake Francis beach has been long established for OWNER USE ONLY. Renters are not included in this easement, and thus are not allowed to use the beach unless accompanied by an Owner.
The reason short-term rentals are allowed:
CALIFORNIA CIVIL CODE CHAPTER 5. Property Use and Maintenance - ARTICLE 1, Section 4741., Protected Uses, prohibits it:
4741.a “An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant.”
Also of note, the code also explains that should the development adopt such a requirement in their CC&Rs, it still does not change the right of an owner who acquired title to property before the effective date to have any new rental limitations imposed upon them. (4741.h)
It also warns that should a development willfully violate this section of the law, they shall be liable to the owner for actual damages, and also pay a civil penalty to the owner, of up to $1,000. (4741.g)
Also noteworthy is Assembly Bill 670, which was adopted into California code 4751 on Jan 1, 2021. From that date forward, any provision in a Development's CC&Rs that prohibits or restricts either the construction or use of an additional or junior accessory dwelling unit (mother-in-law’s quarters, etc) - even if the lot is zoned for single-family residential use - is considered void and unenforceable. (4751.a)
So, while neither the ACC nor individual property owners has legal standing to enforce the restriction of the above types of junior dwelling rentals, the cited codes do not prohibit our development from adopting and enforcing a provision in our CC&Rs that prohibit short-term rentals for a period of 30 days or less - but only where the entire dwelling unit is being rented and is non-owner occupied. But - again, the law specifically states any newly adopted CC&R restrictions regarding whole-unit short-term rentals are unenforceable upon an owner unless the restrictions were in effect before the owner acquired the property. (4741.h)
Sources:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4741.&lawCode=CIV
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4751&lawCode=CIV
(Additionally, Section 4741 & 4751 now supersede any legal case law previously adjudicated.)
Lastly, if we thought there might be any ambiguity - in December 2020 in the case Lastavich v. Nob Hill Homeowners Association the California court confirmed that short-term rentals are not considered an unauthorized commercial or business use of the home. In this case, the Court held that absent any express language specifically prohibiting short-term vacation rentals or providing for a minimum lease term in the CC&Rs, the owners’ rental activities were in fact an authorized, single-family use of the home for “a residential purpose”.
A downloadable copy of the case determination can be found here:https://lakefrancisestates.org/wp-content/uploads/Lastavich-v-Nob-Hill-Homeowners-Association.pdf
Therefore, in accordance with current California law, neither the ACC nor individual property owners have legal standing to enforce any rules regarding the short-term rentals, unless it is specifically adopted by amending the CC&Rs. To make a binding change, 100% of property owners would need to vote in agreeance to amend the CC&Rs to restrict short-term rentals. And even then, the prohibition would only apply and be enforceable upon owners who acquired property in the development after any such amendments were ratified. (4741.h)
Like most jurisdictions, Yuba County Code defines their fence and wall ordinance separately from accessory structures, with different setback requirements. The CC&Rs of Lake Francis Estates (LFE) have rules for structural (building) setbacks, do not list any existing rules regarding fencing types or their setbacks. Therefore, we refer all LFE property owners to the Yuba County Regulations on Fences and Walls, Ordinance 11.19.040, regarding setbacks. This law states:
“Setback from Right of Way. Within the Valley Growth Boundary, fences, walls and hedges shall be set back a minimum of five feet from an adjacent right of way line. In areas with detached sidewalks the fence shall not be any closer than back of walk. The area adjacent to the fence or wall shall be landscaped. Outside the Valley Growth Boundary, fences, walls, and hedges may be located at the property line so long as they are outside of any adjacent right of way or access easement and are not in conflict with a sight distance triangle of a road or driveway.”
LFE is not located within the Yuba County "Valley Growth Boundary", subsequently "fences, walls, and hedges may be located at the property line so long as they are outside of any adjacent right of way or access easement and are not in conflict with a sight distance triangle of a road or driveway."
Sources:
Official documentation of the Yuba County fencing ordinance quoted above can be found on page 10 of their online document here:
Official documentation of the declared Yuba County Valley Growth Boundary can be found on their online map here:
No. The CC&Rs specifically state that the right to enforce the CC&Rs by legal remedy is up to individual subdivision property owners. Section 10 of the CC&Rs provides:
"Except as otherwise provided herein, any person or persons owning any property situated within said Subdivision shall have the right to prosecute at law or in equity any proceedings which may be appropriate against any person or persons violating or attempting or threatening to violate or failing to comply with any one of the restrictions, covenants or conditions hereof, and to maintain against any such person any action for injunction, damages or other relief which may be proper in the matter."
Also, upon the text of the CC&Rs, LFMWC lacks any standing to enforce the provisions of the CC&Rs, and because it lacks standing, it is prohibited from enforcing violations of the CC&Rs. In addition, the Articles do not authorize LFMWC to enforce the CC&Rs. If LFMWC did attempt to enforce the CC&Rs, it exposes itself to legal risk violating its fiduciary duties, and the members of the LFMWC Board of Directors could even be held personally liable for these fiduciary duty violations.