1. A copy of Article V, Section 7 of the Basic Protective Restrictions

2. A copy of PVHA Resolution No. 156

3. An application form, including agreement of financial responsibility.

The experience of PVHA has shown that the trimming of trees and plantings can be an emotional, time consuming and expensive process. Every effort should be made to resolve the situation with your neighbor.

Date ______________________ Fee Paid ____________________

Receipt # ____________________

Applicant ______________________________________________________Phone # _____________________

Address ________________________________________________ Lot _____ Block ______ Tract _________

Owner of property with trees/shrubs: ______________________________________Phone # ________________

Address _________________________________________________Lot _____ Block _____ Tract _________

Location of trees/shrubs that affect your view. If possible provide photos and plot map showing location.

___________________________________________________________________________________________

___________________________________________________________________________________________

Explain in detail how the vegetation issue affects your view and protects the adjoining property.

___________________________________________________________________________________________

___________________________________________________________________________________________

Please list all efforts to resolve the problem with your neighbor. Attach copies of all correspondence.

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

1. I have received and read PVHA Resolution No. 156. I am willing to pay the cost of trimming

or removal in accordance with said Resolution.

2. I understand that enforcement of a decision could require that PVHA be involved in Alternative

Dispute Resolution ("ADR") proceedings and a lawsuit. The potential expense is substantial and an exact cost estimate at this time is impossible.

IF ALTERNATIVE DISPUTE RESOLUTION OR LITIGATION IS COMMENCED IN ORDER TO ENFORCE THE DECISION OF PVHA, I SPECIFICALLY AGREE TO PAY ALL EXPENSES INCURRED BY PVHA.

Expenses include but are not limited to expert’s and attorney’s fees.

I UNDERSTAND AND AGREE TO INDEMNIFY AND REIMBURSE PVHA FOR ALL EXPENSES INCURRED BY PVHA RELATED TO THIS APPLICATION

___________________________________________________________________

Applicant Date

RESOLUTION OF THE BOARD OF DIRECTORS OF

THE PALOS VERDES HOMES ASSOCIATION

ADOPTING GUIDELINES AND ESTABLISHING PROCEDURES

FOR IMPLEMENTING THE ASSOCIATION’S

AUTHORITY TO MAINTAIN AND IMPROVE VIEWS

WHEREAS, Article V, Section 7 of the Declaration of Establishment of Basic Protective Restrictions, Conditions, Covenants, Reservations, Liens and Charges and Certain Local Restrictions (Hereinafter referred to as "Restrictions") of Palos Verdes Estates and portions of Miraleste provided in part:

"Representatives of the Homes Association… shall have the right at any time to enter on or upon

any property for the purpose of cutting back trees or other plantings which may grow up to a greater

height than in the opinion of the Homes Association is warranted to maintain the view and protect

adjoining property."

WHEREAS, The Board of Directors (the "Board") of the Palos Verdes Homes Association (the "Association" or "PVHA") adopted Resolution No. 146 in November 2000 and Resolution 150 in November 2002, to establish procedures for its members to utilize the authority of the Association to correct view impairments created by trees or other plantings;

WHEREAS, the Association has had experience with Resolution No. 146 and No. 150;

WHEREAS, it is the Association’s policy to encourage resolution of view impairment issues between parties who are directly involved, whenever possible;

WHEREAS, the Association wishes to adopt written procedures regarding its view impairment authority so that members may better understand the procedures and remedies available pursuant to Article V, Section 7; and with the hope that this understanding will further promote settlement by the parties;

WHEREAS, the Association wishes to establish procedures for its members to utilize the authority of the Association to correct view impairments, which cannot be resolved between the parties;

WHEREAS, the Association has retained the services of a professional arbitrator.

NOW THEREFORE, BE IT RESOLVED that the Board of Directors of this corporation does establish and adopt the following procedure for the processing of all view impairment applications submitted to the Association.

The following are general policies of the Association:

1. The applicant shall submit information on an application form provided by the Association.
2. The applicant shall document efforts to resolve the obstruction issue with his neighbor including copies of all correspondence between the parties.
3. The applicant shall pay an administrative fee of $750.00 to the Association at the time an application is submitted.
4. The applicant shall execute a financial responsibility agreement with the Association at the time an application is submitted. The applicant must agree to pay the entire cost of the initial trimming or removal of trees or shrubs; and agree to reimburse the Association for its fees and expenses if expert advise is need to make a decision or if Alternative Dispute Resolution or litigation is necessary to enforce a decision.
5. The Association will send a Notice to the owner of the property where the vegetation is located, ("affected property").
6. The Notice will inform the owner of the affected property of the action requested in the application; and

that an arbitrator will be appointed.

7. The Association will appoint an arbitrator to make a decision. The arbitrator may make reasonable efforts to reach an agreement between the applicant and the owner of the affected property; however, his primary responsibility is to make a decision.

8. The arbitrator shall make a decision and submit it to the Board.

9. A copy of the decision shall be mailed to the applicant and owner of the affected property.

10. The decision shall constitute the decision of the PVHA unless either party appeals the decision to the Board

and pays the appeal fee of $750.00 within thirty (30) calendar days of the mailing of the decision.

11. The appeal will be placed on the agenda of a Board meeting. Notice of the meeting and a copy of the

appeal will be mailed to all parties.

12. A copy of the Board decision on the appeal shall be mailed to all parties.

13. The owner of the affected property shall obtain two bids from responsible, insured bidders for the work necessary to implement any decision within 30 days. If the owner fails to obtain bids within 30 days, PVHA will obtain two bids.

14. The applicant shall submit a payment to the Association equal to the amount of the low bid before any

work takes place. The Association will make all reasonable effort to have the work completed within 30

days of the receipt of the payment.

15. PVHA will notify the applicant and the affected property owner of the date and time the necessary work

will be performed.

16. Following completion of removal/replacement or trimming of view impairments at the applicant’s expense; the cost of work to maintain the trees and plantings below the maximum height established by the original application shall be at the cost and expense of the owner of the affected property.

PASSED, APPROVED AND ADOPTED this 17^th day of May, 2005

_____________________________

Ann L. Hinchliffe, President

Palos Verdes Homes Association

Attest:

_________________________

Susan M. Van Every, Executive Secretary

Palos Verdes Homes Association

Date ______________________ Fee Paid ____________________

Receipt # ____________________

Appellant ______________________________________________________Phone # _____________________

Address ________________________________________________ Lot _____ Block ______ Tract _________

Original Applicant: ______________________________________ Phone # ________________

Address _________________________________________________Lot _____ Block _____ Tract _________

Date of Arbitrator’s decision:

1. I have received and read PVHA Resolution No. 156.
2. I have received a copy of the Arbitrator’s decision in the application filed by the above referenced Applicant
3. I understand that if this appeal changes the arbitrator’s decision, enforcement of the Board of Director’s decision could required PVHA be involved in Alternative Dispute Resolution ("ADR") proceedings and a lawsuit. The potential expense is substantial and an exact estimate at this time is impossible.

IF ALTERNATIVE DISPUTE RESOLUTION OR LITIGATION IS COMMENCED IN ORDER TO ENFORCE THE DECISION OF PVHA, I SPECIFICALLY AGREE TO PAY ALL EXPENSES INCURRED BY PVHA.

Expenses include but are not limited to experts and attorney’s fees.

I UNDERSTAND AND AGREE TO INDEMNIFY AND REIMBURSE PVHA FOR ALL EXPENSES INCURRED BY PVHA RELATED TO THIS APPEAL

_____________________________________________

Appellant