Rules & Information

DMBC Rules for Renters 

A signed copy of this form (click here for a printable version) and lease addendum, must be submitted to the Managers Office before you inhabit the rental unit.  Please keep a copy in your unit and also refer to the complete Rules and Regulations Handbook available in each unit.

 Welcome and Introduction

Welcome to the Del Mar Beach Club, a Homeowners Association. We hope you enjoy your stay with us. We are a private, gated, residential community. We are not a resort, have no rental office, and provide no hotel-like services (i.e., no food, gift shop, concierge, pool or tennis equipment rentals, etc.) For general information about our complex and services available in our area, please see the "Useful Links" on the front page of this web site. 

Please respect the welfare of our full-time residents and exhibit the common sense, courtesy, and consideration of others that you would expect of anyone visiting your own residence. This will result in an acceptable quality of life for all owners, tenants, and guests. Failure to adhere to the following rules and regulations can result in fines, without warning, assessed upon the owner of the unit you are renting. The owner may elect to subtract the fine from your security deposit.

 
Occupancy Limit
 
The number of persons allowed to reside in a unit is limited. Three people may reside in a one-bedroom unit, five people in a two bedroom unit, and seven people in a three bedroom unit. For health and safety reasons, this limit is strictly enforced,
 
Use of Amenities
 
All amenities, whether on the east side or west side, are available to all residents. There are common gate openers and keys for both sides. The tennis courts and exercise room, however, are separately keyed, and those wishing to use either must first register with the Del Mar Beach Club’s Manager.
 
Governance
 
The Del Mar Beach Club Association employs an on-site, full-time manager. Her name is Tissa Carr. Tissa’s office is located just west of the main pool on the west side, and her office hours are 8:00 A.M. to 3:00 P.M. Monday through Friday with the exception of holidays. Tissa reports to the Del Mar Beach Club Association’s Board of Directors. It is the Association that owns, controls, and maintains all of the common area.
 
Rental Restrictions
 
Many owners occupy their units on a full or part-time basis, and others choose to rent their units. Renting is particularly prevalent during the summer and early fall, which includes the Del Mar Race Track summer and fall races.
 
The City of Solana Beach prohibits rentals for less that seven (7) consecutive calendar days, and it requires owners wishing to rent their units on a short term basis (i.e., 7-30 days) to obtain and post a short term rental permit. 
 
Also, the unit’s owner or rental agent must register all tenants with the Del Mar Beach Club, and there is a registration maintenance fee of $100.00 to offset fees associated with this Tenant Registration  (i.e. security, trash, water, pool maintenance, pool supplies, internet access, damages, etc.).  Registration of rentals will be deemed its agreement to the Lease Addendum.  Again, this requirement is strictly enforced for safety reasons.
 
Further, the unit owner or rental agent is required to fully inform tenants and guests on the rules and regulations that govern their stay at the Del Mar Beach Club, and owners may be fined for the misconduct of their tenants and guests.
 
No Rental Services
 
The Del Mar Beach Club is a residential community and non-profit corporation and does not provide any rental services. For example, there is no food service, concierge, towel service, or equipment rental. Likewise, problems with a unit that a renter may encounter should be directed to the unit owner or rental agent. The Del Mar Beach Club’s Manager cannot assist in these matters.
 
Personal Behavior
 
As a residential community the Del Mar Beach Club enjoys a quiet, friendly, collegial lifestyle, and it is expected that owners, tenants and guests will be on their best behavior at all times. Common courtesies are the norm, and any behavior that interferes with others’ quiet enjoyment of the Del Mar Beach Club will not be tolerated.
 
Police, Fire and Security Services
 
The San Diego County Sheriff’s Department polices Solana Beach. It has its own Fire Department. Both can be reached in an emergency by calling 911. Other emergency numbers can be found on the Del Mar Beach Club website.  http://dmbchoa.org
 
The Del Mar Beach Club also utilizes the services of a private security company. The services and staffing vary depending on the time of year and local events. These guards are not law enforcement officers. Their job is only to observe and report violations of law and infractions of the Del Mar Beach Club’s rules and regulations.
 
Rules and Regulations
 
1.         The Del Mar Beach Club Homeowners Association, through its Board of Directors, adopted these Rules & Regulations and they govern the on-premise conduct of all persons, including owners, tenants, guests, agents, and service providers.
 
2.         These Rules & Regulations compliment the DMBC’s Covenants, Conditions and Restrictions (CC&Rs) and Bylaws, which the Board of Directors recognizes as its primary governing documents. In case of conflict between the wording of these Rules & Regulations and the CC&Rs or Bylaws, the language in the approved CC&Rs and Bylaws will control.
 
3.         Owners are responsible for communicating these Rules & Regulations to tenants, guests, agents and service providers and for ensuring their compliance with these Rules & Regulations.
 
Tenant and Guest Registration
 
1.         Tenants
  1. A homeowner must register tenants with the DMBC office before occupancy of a unit by providing the manager with a signed renter rules and regulations form and a completed tenant registration form.
  2. A fee of $100.00 is charged to the unit owner for each tenant registration to cover additional maintenance fees (i.e. security, trash, water, pool maintenance, pool supplies, internet access, damages, etc.).  Failure to submit or late submission of registration form will result in an additional 100.00 fee.
  3. The maximum occupancy per unit is as follows: One bedroom = 3 occupants; Two bedrooms = 5 occupants; Three bedrooms =7 occupants.
  4. An owner or owner’s agent must provide a tenant with the following: a copy of these Rules and Regulations; gate opener; common area key; and guest parking placards. The unit owner or owner’s agent must authorize replacement of a gate opener, common area key or guest parking placards and the cost will be posted directly to the unit’s account.
2.         Guests
           
Guests are individuals who are visiting owners or tenants. Should a guest occupy a unit when the owner or tenant is absent, the guest must immediately register with the DMBC manager, by providing the manager with signed rules and regulations form and a completed guest registration form.
 
Common Area
 
1.         Except for the interior of each unit (as described in the owner’s deed) all other property within
            DMBC is owned and controlled by the DMBC and is called the “common area”.
 
2.         The common area is to be used for residential purposes only. It may not be used for business,
             religious, political or fundraising purposes or in any manner that interferes with another’s
             enjoyment of their unit or the common area.
 
3.         Specifically prohibited in the common area are the following:
  1. Engaging in illegal or offensive activities, including public nudity.
  2. Making loud and disturbing noises.
  3. Storing goods and accumulating trash.
  4. Entering on or using roofs for any purpose without the prior approval of the DMBC manager.
  5. Modifying, removing, or defacing furniture, equipment, landscaping, lighting, drainage systems, irrigation systems, or signs.
  6. Playing ball, using skateboards, skates, scooters, bicycles, or similar activities.
  7. Using firearms, paint ball guns, BB guns, air guns, pellet guns, bows and arrows, sling shots, or fireworks of any kind.
  8. Climbing on or over walls, fences, railings and gates
  9. Conducting garage sales or yard sales
  10. Installing antennas, satellite dishes, clotheslines, or window air conditioners.
  11. Hanging or draping items (e.g. towels, wet suits, swim suits, etc.) on walls, fences, railings or gates.
  12. Loitering, littering or soliciting (e.g. distribution of advertising flyers, etc.).
4.         Signage
  1. One real estate sign of reasonable design and dimensions (not to exceed  *144 square inches) may be placed in the window of a unit (Check with the office for further instructions on open house signs).
  2. One political sign (not to exceed *144 square inches) may be placed in the window of a unit one month prior to the election and must be removed immediately after the election.
  3. Signs may not be affixed to walls, fences, railings or gates. *144 square inches =12X12 inches
Noise Abatement
  1. Noise must be kept to a level that does not disturb the peace and quiet of neighbors.
  1. Quiet hours will be respected from 10:00 pm until 8:00 am. The use of loud musical instruments, stereos, radios, televisions, amplifiers, exercise equipment, vacuums and other sound-producing and noise-resonating devices must be restricted during this time.
Animals
 
1.         A maximum of one domesticated dog, cat or other commonly accepted household pet may be
            kept in a unit for non-commercial purposes.
 
2.         Excessive barking or other pet disturbance is not permitted.
 
3.         No pets are permitted on the grass or in the pools, pool areas, Jacuzzi, saunas, Fitness Center,
            tennis courts, or View Lounge.
 
4.         Dogs must be on a leash at all times.
 
5.         Owners must walk their dogs off DMBC property and clean up their  animal’s waste matter.
 
Gates
1.         Vehicle Gates
  1. DMBC vehicle gates open only with a gate opener. Pushing the gate open, riding the gate,
 using the exit gate for entrance (or vise-versa) is prohibited.  Fines will be imposed.
  1. Tailgating or stopping a vehicle in the path of a gate is prohibited and may cause damage for which the driver is responsible.
2.         Pedestrian Gates
  1. All pedestrian gates (including the beach access gate) are to remain closed and locked at all times.
            b.  To maintain DMBC security, propping open any gate is prohibited.
 
Recreational Facilities
1.         General Information
  1. Smoking and vaping are prohibited in all recreational facilities-- pools,  jacuzzis, saunas, tennis courts, fitness center, view deck and View Lounge.
  2. An adult must supervise children under the age of 14 at all times.
  3. The cleanup of all recreational facilities is the responsibility of the owner, tenant or guest who has used the facilities.
  4. No more than eight (8) people from one unit may use any recreational facility at the same time unless they have prior approval from the DMBC manager.
  5. Recreational facilities, other than the View Lounge and the Northwest Beachside Pool, may not be reserved for private parties.
  6. Please note that owners lose all rights to the use of the DMBC recreational facilities when tenants or guests occupy their unit.
2.         Reserving the View Lounge and the Northwest Beachside Pool
  1. An owner or tenant may reserve the View Lounge and/or Northwest Beachside Pool for private parties for a usage fee. For a tenant, the owner of the tenant’s unit must sign the reservation request and will be financially responsible for all losses or damage to DMBC property resulting from the party.
  2. Any group of nine (9) or more persons is considered a private party.  The maximum number of people allowed for a private party is 70.
  3. Private parties must be approved beforehand by the DMBC manager and a minimum $150 refundable cleaning deposit (over and above the reservation cost) will be required.
  4. The View Lounge and Northwest Beachside Pool will not be  available for private parties on holidays and from Memorial Day through Labor Day, from 5 p.m. on   Fridays through 8 a.m. on Mondays.
  5. Usage rates: Check with the DMBC office for current reservation rates.
3.         Beach Area
  1. Entrance to and from the beach area is permitted by use of the access stairway. Climbing over or around the gate or walls or on the bluff, crib units or sea wall is not permitted.
  2. The lifeguards of Solana Beach patrol the beach area. Among other things, they prohibit alcohol, smoking, open fires, glass containers, and animals.
  3. A lifeguard is on duty from 10:00 am to 6:00 pm from mid- June through Labor Day. Call the Solana Beach lifeguard station (858) 755-1569 for beach rules.
4.         Pools, Saunas, Jacuzzis
  1. No lifeguard service is provided at the DMBC pools. Children under the age of 14 must be accompanied by an adult 18 yrs or older at all times.
  2. Pools, saunas, and jacuzzis are open from 8:00 am to 10:00 pm
  3. The following are prohibited in the pool, sauna and jacuzzi areas:
  1. Glass containers
  2. Wetsuits
  3. Rafts, surfboards, boogie boards, etc.
  4. Tampering with, making adjustments to, altering or changing any of the heating, pumping, or filtration equipment.
  1. Beach goers must remove sand from their body and clothing before entering the pool, sauna, and Jacuzzi areas.
  2. Showers and restroom facilities may not be used for cleaning surfboards, wetsuits, etc.
5.         Tennis Courts
 
The tennis courts and fitness center may only be accessed with a special dedicated key. A signed waiver form must be submitted to the DMBC manager before a key is issued (tenants must also pay a refundable $50.00 deposit).
 
Tennis Courts
  1. Courts are for tennis only
  2. The owner, tenants or guests of a unit may use only one tennis court at any one time.
  3. The tennis courts are open daily from 8:00 a.m. to dusk.
  4. Users of the tennis courts must display a green "Tennis Tag," which identifies the unit address of the player.
  5. Players must use the “sign-up boards” to reserve court time. After play is completed, additional time on either court may be reserved.
  6. If a reserved tennis court is not claimed within ten minutes of the sign-up time, the reservation is forfeited and the court is considered “open” for others to use.
  7. Playing time is limited to 1 hour for singles and 1 1/12 hours for doubles.
  8. Only tennis shoes may be worn on tennis courts.
  9. No chairs, toys, food, or beverages (except for water in a non-glass container) are permitted on the courts.
6.         Fitness Center
  1. Persons must be 18 years or older to use the Fitness Center.
  2. Appropriate gym wear must be worn (no swimsuits). Shoes or sneakers must be worn at all times.
  3. No food or beverages (other than plastic water bottles) are allowed in the room.
  4. Please check with your physician before starting any exercise program.
Permissible Vehicles, Parking & Speed Limit
 
1.         Types of Vehicles
  1. Any non-commercial passenger vehicle that fits in a normal parking space shall be deemed “conventional” and is allowed to park at the DMBC.
  2. Other vehicles, such as campers, trailers, boats, motor homes, etc., will be deemed “non- conventional” and parking of these vehicles at the DMBC is prohibited. Non-conventional vehicles are allowed to be parked on adjacent public streets.
2.         Owner and Tenant Parking
  1. Each unit has assigned parking spaces. Use of other parking spaces by an owner or tenant is prohibited.
  2. If a vehicle is illegally parked in a unit’s parking space, the owner or tenant of that unit may have the vehicle towed. DMBC does not have the authority to tow vehicles from owners’ private parking spaces.
3.         Guest Parking
  1. No owner or tenant may park in a “Visitor Parking” space. In an emergency, an owner or tenant must contact the DMBC manager for an accommodation.
  2. Guests must display a Guest Parking Placard when parking in a “Visitor Parking” space. The Guest Parking Placard must be visible through the front windshield.
  3. No vehicle shall use Visitor parking for more than 4 consecutive days.  
4.         Street & No Parking Areas
  1. All unoccupied vehicles parked in "No Parking" areas or in those areas designated as such by a red curb will be removed immediately from the DMBC at the owner's expense and without notice.
  2. All streets within the DMBC have been designated fire lanes by the Solana Beach Fire Marshall and any unattended vehicle parked in these areas will be removed from the DMBC immediately at the owner's e expense and without notice.
 
5.         Speed Limit
 
            The speed limit for motor vehicles inside the DMBC’s gates is five (5) miles per hour.
 
Use & Modification of Units
 
1.         The units in DMBC are zoned for single family dwelling purposes only.
  1. No commercial use of any unit is permitted.
  2. Local zoning ordinances forbid the use of garages for living quarters.
2.         Modification of units (remodels)
  1. Any remodeling of a unit resulting in any alterations or modifications to any wall or in any change to the outside appearance (or addition to the unit) requires prior written approval by the Board of Directors.
  2. Patios and balconies are considered exclusive use common area, and changes or modifications made to these areas are subject to Board approval.
  3. Only authorized personnel are allowed on the roofs and nothing may be installed on a roof without the prior approval of the Board of Directors.
  4. The unit’s owner and remodeling contractor must complete the DMBC’s Contractor’s Agreement form before beginning any work. The form can be obtained from the DMBC manager
  5. Construction hours are Monday through Friday 8 a.m. to 6 p.m. Work on weekends and holidays are not permitted.
Trash, Recyclables & Hazardous Waste
 
1.         Trash must be properly bagged, tied and placed in a trash dumpster.
 
2.         Recycle appropriately. There are recycling dumpsters on each side of the DMBC for cartons, cans, newspapers and other paper products, glass containers, and plastic containers. Cartons must be broken down before being placed in a recycling dumpster.
 
3.         Christmas trees may not be discarded on DMBC property.
 
4.         DMBC’s trash collector offers special services for oversized items. Contact the DMBC manager for further information.
 
5.         Disposal of hazardous waste is not permitted in DMBC dumpsters. For disposal of hazardous wastes contact the San Diego County’s Hazardous Waste Management department at (800) 714-1195. Hazardous wastes must be stored in the owner’s unit until disposed.
 
Fines
 
1.         The object of fines is to bring about compliance with the DMBC’s Rules and Regulations, CC&R’s and Bylaws. In addition to monetary penalties, costs incurred by the Association attributable to the owner’s violation may also be assessed. The Board of Directors, through the DMBC manager, will levy fines according to the following schedule:
 
Enforcement of Governing Documents

1. Pursuant to Article 11 of the Association’s Restated CC&Rs, the Association may enforce its Governing Documents by assessing monetary penalties and suspending common area privilege and voting rights.

2. Article 14 of the Association’s Restated Bylaws sets forth the notice and hearing provisions to be followed by the Association.

3. In ordinary situations, the Board of Directors will assess monetary penalties according the following schedule:
 
A. First Violation: warning or fine up to $250.
F. Second Violation (same offense): fine up to $500.
G. Third Violation (same offense): fine up to $1,000.
H. Safety Violation; warning or fine up to $1,500.

4. In extraordinary situations, however, the Board of Directors may assess monetary penalties as high as $5,000 per incident or day. By way of example, extraordinary situations may include: (1) multiple or continuing violations; (2) disregard of written warnings or instructions from the Association; and (3) vandalism, theft, or destruction of property.
 
SPECIAL CIRCUMSTANCES:
The Board of Directors at its discretion may levy a fine of up to $5000.00 under the following conditions:
 
            Egregious infractions including multiple or ongoing infractions.
Blatant disregard of written warnings or instructions regarding infractions from the DMBC BOD or management.
 
2.         An owner will be fined for the acts and omissions of a tenant or guest.
 
3.         An owner may challenge any fine levied against him by delivering or mailing to the DMBC manager a written notice of challenge within 15 days of the date of levy. The challenge must reference the levy and state the reason for the challenge.
 
4.         The Board of Directors will review any challenge and within 30 days of receipt of the  challenge inform the owner via mail of the result of its review.
 
5.         If an owner is unsatisfied with the result, he may take the matter to arbitration in accordance with the rules of the American Arbitration Association. The losing party will reimburse the winning party for all arbitration fees and costs.