The Villas at Sherman Bluff Condominium Association Lancaster, Ohio

Community Policies and Guidelines

July 2011

POLICIES AND ADMINISTRATIVE RULES AND REGULATIONS OF THE VILLAS AT SHERMAN BLUFF CONDOMINIUM ASSOCIATION Introduction Under the Declaration and By-Laws of the Villas at Sherman Bluff Condominium Association and under Ohio law, the Board of Trustees of the Villas at Sherman Bluff Condominium Association has the power to enact and enforce reasonable rules and regulations governing matters that can cause problems in The Villas at Sherman Bluff Condominiums. The currently effective rules and regulations are enclosed, and they are binding upon and enforceable against all owners, tenants and other occupants who reside in or visit the Villas at Sherman Bluff Condominiums. The rules and regulations contained herein are authorized by the Declaration and By-Laws of this Association. In no way are they intended to amend or abridge the Declaration and By-Laws. If such case should occur, the rules and regulations contained in the Declaration and By-Laws take precedence. The Declaration and By-Laws of the Villas at Sherman Bluff Condominium Association are a legal part of your deed and also a permanent part of your mortgage. There are no exceptions. Each unit owner is mandated legally to his or her compliance. The rules and regulations contained herein have been reviewed and approved by the Board of Trustees.

GENERAL INFORMATION AND POLICIES OF THE VILLAS AT SHERMAN BLUFF CONDOMINIUM ASSOCIATION General Conduct All unit owners, tenants, residents, and their guests shall at all times conduct themselves in a manner that shows consideration for all other occupants of The Villas at Sherman Bluff regarding noise, behavior, and conduct which disrupts, interferes with, or infringes upon the rights of others. No owner, tenant, resident, or guest shall permit any action or behavior to occur at any time which would disrupt or interfere with the quiet and peaceful enjoyment by each occupant of any unit in The Villas at Sherman Bluff Condominiums.

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What is a Condominium? A condominium is a unique form of property ownership where the unit owner(s) has the right to exclusive use of the living space which makes up a condominium unit, and also holds an ownership interest, held in common with all unit owners, in the land, the buildings themselves, the green spaces, and the common areas and facilities. In other words, ownership of a condominium unit involves a special type of direct ownership of the living area within the four walls of a unit, together with a group ownership of the structures and grounds. Common Areas Common Areas, as described in the Bylaws, means all of the Condominium Property, except that portion described in the Bylaws as constituting a Unit or Units, and is that portion of the Condominium Property constituting “common areas and facilities” of the Condominium under the Condominium Act. Common Area Uses. The Common Areas (except the Limited Common Areas) shall be used in common by Unit owners and occupants and their agents, servants, customers, invitees and licensees, in accordance with the purposes for which they are intended, reasonably suited and capable, and as may be required for the purposes of access, ingress to, egress from, use, occupancy and enjoyment of Units. Unless expressly provided otherwise herein, no Common Areas shall be used for any purpose other than the health, safety, welfare, convenience, comfort, recreation or enjoyment of Unit owners and occupants. This includes such parts of the condominium as the sidewalks, the streets, parking lots, pool area, clubhouse and courtyards. We must all keep in mind the fact that no one party owns the common area components of The Villas at Sherman Bluff “exclusively”; rather, we own them (if you are an owner) in common with your condominium co-owners. Limited Common Areas Limited Common Areas, as described in the Bylaws, means those Common Areas serving exclusively one Unit or more than one but less than all Units, the enjoyment, benefit or use of which are reserved to the lawful occupants of that Unit or Units either in the Bylaws, or by the Board, and is that portion of the Condominium Property constituting “limited common areas and facilities” of the Condominium under the Condominium Act. Limited Common Areas Uses: Those portions of the Common Areas described herein and shown on the Drawings as Limited Common Areas shall be used and possessed exclusively by the Unit owners and occupants of the Unit or Units served by the same, as specified in the Bylaws, and shall be used only for the purposes intended. The areas around each Unit are reserved for use by particular Units such as patio areas. These portions of The Villas at Sherman Bluff, although technically part of the Common Area, are to be used and possessed exclusively by the Unit owners and/or occupants of the Unit. Persons who use or travel through a Limited Common Area that is not adjacent to their Unit are trespassing. Although these areas are for the private use of individual residents, they are subject to the rules and regulations of the association. No exterior alteration may be made to any part of the condominium without the express consent of the Board of Trustees. 3

What is a Condominium Association? The Villas at Sherman Bluff Condominium Association is a non-profit corporation whose membership automatically includes the entire group of Condominium unit owners. The Association legally exists for the purpose of administering, managing and maintaining the common property of The Villas at Sherman Bluff for the benefit and protection of all unit owners and residents. The authority to manage and operate the Condominium Association is vested in the Board of Trustees, individuals who are themselves unit owners. Those Association members who are in good standing at the first general membership meeting of each year, to be held in June will elect the persons who serve as the Trustees on this Board. Board members are elected to a three-year term of office. The elections for Board members will be staggered two at a time each year. Each member of the Board of Trustees must remain in good standing throughout his or her term. They must not have more than three unexcused absences in any one-year. Unexcused absences are determined by a majority vote of the remaining Board Members. If it is determined that these absences are unexcused, that member is immediately terminated as a Board Member. General membership meetings will occur quarterly if possible. Otherwise there will be an annual general membership meeting. The Board of Trustees will meet at least once a month, unless voted otherwise by a majority vote of the Board. They serve without remuneration. Assisting The Villas at Sherman Bluff Board of Trustees from time to time are a number of committees, each dealing with a specific area of responsibility or concern. The members of these committees generously spend many voluntary hours working to help the Board of Trustees identify and resolve unit owner and residents’ problems. Respect for the Rights of Others In the condominium style of living it is absolutely crucial for all people to use common sense and exhibit consideration so their actions do not impair other residents’ rights to the quiet and peaceful occupancy of their homes. Restrictions of Unit Use As referenced in the Declaration and By-Laws, in Article III, Section 2-A, no unit shall be used for any purpose other than that of a residence for individuals living together as a single housekeeping unit, and uses customarily incidental thereto, provided, however, that no unit may be used as a group home, commercial foster home, fraternity or sorority house, or any similar type of lodging, care or treatment facility. This will include using a unit to provide a babysitting service.

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Unit Owner’s Responsibility Part of a unit owner’s responsibility is for their tenants. If a unit owner has tenant(s), the owner will be held responsible for the actions of those tenant(s), their tenant(s) children and or visitors. If any of the above cause damage to the property and are found to be in violation of the rules and regulations and or By-Laws, the Unit Owner will be responsible for the costs incurred. All fines assessed by the Board of Trustees for violations of the Rules and Regulations and or By-Laws by a tenant(s), their tenant(s) children and or visitors will be the responsibility of the unit owners. Unit owners are responsible for registering with the association any pet(s) belonging to their tenants Parental Responsibility Parents or legal guardians are responsible for the behavior of their children. If your child or children cause any damage to the property, the parent or guardian will be responsible for the costs incurred. Once again, if the child or children are those of a tenant and/or visitor, the unit owners’ are responsible for the costs incurred. Rules and Regulations Enforcement Procedures and Penalties Except as otherwise provided by Ohio Law or the Declaration of The Villas at Sherman Bluff Condominium Association, and except for matters dealing with the collections of assessments and fees, the enforcement of these Rules and Regulations shall be undertaken in accordance with the procedures set forth in this rule. It is the responsibility of each resident and owner to know and observe the Rules and Regulations. It is the responsibility of the unit owner to keep themselves and their tenant(s) aware of any changes in the Ohio Law, Declarations and the rules and regulations of The Villas at Sherman Bluff Condominium Association. The Association and/or property manager will not be responsible for supplying copies of such to any tenant(s). In the event a violation of any rule occurs, any unit owner or resident can submit a written complaint to the Board of Trustees for consideration and corrective action. The procedure for handling all rules violation complaints are as follows: Allegations – An allegation of an infraction or violation of the Rules and Regulations and/ or Declaration, shall be made by the complaining party in writing by documenting the allegation , and mailing the completed complaint to The Villas at Sherman Bluff Association, 5350 E. Livingston Ave., Columbus, Ohio 43232 within ten (10) business days following the date of the alleged infraction. A written notice will be delivered to the resident giving him an opportunity to correct the infraction within the specified time period. If the written notice is not complied with, the following procedures shall commence. Dismissal of Complaint – Any or all of the allegations stated in a complaint shall be dismissed by majority vote of the Board of Trustees, for any of the following reasons: The allegation does not deal with or relate to any actions or conduct that is prohibited by the Rules and Regulations and or Declarations; the complaining party does not appear or remain present at 5

a hearing or meeting concerning the matter; the complaining party fails to cooperate or behave properly after the hearing is convened; the complaint appears to be frivolous, malicious, or not in the best interest of the Association. If any complaint or allegation is dismissed under this paragraph, prompt notification of the dismissal shall be given to the complaining party and to the accused. Reconciliation – Upon receipt of a complaint, the President of the Association shall have the option of approaching all affected parties and making an attempt to reconcile the alleged infraction. If this option is exercised, reconciliation efforts shall take place within 30 days of receipt of the complaint. Hearings - Date of Hearing – If any attempted reconciliation is not successful, if reconciliation is not attempted, or if any person charged with a violation repeats or in any way duplicates a similar complaint filed against the same party during the preceding 12 months, the President of the Association shall distribute a copy of the complaint(s) to each member of the Board, and shall notify all parties in writing of the date set for a hearing on the matter. Such a hearing, if called, shall be held not more than 30 days after the President or the Board of Trustees determines that a hearing is needed. The hearing will be closed to everyone except the parties involved and their witnesses. Extension of Hearing – For good cause shown, one postponement of a scheduled hearing may be granted by the President. No postponements shall be granted for a period more than ten (10) business days. Hearing Procedures – Hearing shall be convened by the President of the Association, and he or she shall have the absolute right to control and regulate the conduct of such hearings. At any hearing the President shall first read the complaint in its entirety. The accused shall then be given the opportunity to reply to the allegations of the complaint. Thereafter, all parties shall be entitled to present any evidence or testimony pertinent to the alleged violation, with the President having the right to decide questions of relevancy. All parties shall have the right, and shall be given the opportunity, to cross-examine witnesses and to offer rebuttal evidence. The members of the Board of Trustees may direct pertinent questions toward the accused, the complaining party, or any witnesses. By majority vote at any time during the hearing, the Board of Trustees may limit the time allowed for any speaker. Decisions and Sanctions - After a hearing on the allegations of a complaint, the Board of Trustees shall, by a majority vote of its members present, determine if a violation has occurred. If the Board determines that a violation has occurred, the Board shall have the right and the power to impose an appropriate sanction or penalty, which may include by way of example but not as a limitation, the following:

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Violation Fine Schedule A fine may be imposed against the accused as follows: 1. 2. 3. 4. 5.

For the first infraction of the rules within any consecutive 12-month period, a warning letter will be issued. For the second infraction of the rules within any consecutive 12-month period, a fine not to exceed $ 50.00. For the third infraction of the rules within any consecutive 12-month period, a fine not to exceed $ 75.00. For the fourth and subsequent infractions of the rules within any consecutive 12-month period, a fine not to exceed $ 100.00 each. At the discretion of the Board of Trustees, the Board of Trustees may levy additional fines if a violation is determined to be of egregious nature.

It will be the unit owners’ responsibility to correct the infraction and notify the property manager within 72 hours of owner notification of said violation. If the property manager is not notified within that time period, then the Association will assume that said violation has not been corrected and an additional fine will be assessed. After which this process will then continue every thirty days until the association is notified in writing that said violation(s) has been corrected. All fines shall be due and payable to the Association within seven calendar days from the date they are imposed. Violation Suspension of Rights and Voting Privileges A suspension of rights and voting privileges may be imposed against an accused as follows: 1.

A suspension of voting rights and privileges for a period of time deemed appropriate by the Board of Trustees may be imposed and shall be effective immediately upon the announcement of such suspension. Suspensions shall remain in effect for as long as any administrative charge (including damage repair assessment or fine) remains unpaid.

2.

A suspension of rights and privileges may be imposed on unit owners, tenants and all persons living with or visiting an accused party found to be guilty of a violation of these rules.

3.

The President and the Board of Trustees using any and all legal means available may enforce a suspension of rights and privileges.

Notification of Findings - Within a reasonable period of time not to exceed 14 days from the conclusion of any rules violation hearing, the President shall send written notification of a decision to the accused, stating the Board’s exact finding with respect to each allegation, and describing in detail the sanctions imposed, if any.

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Review and Appeal - In the event any party to a dispute wishes to appeal a decision of the Board of Trustees relating to any violation or alleged violation of these rules, the matter shall be submitted to final and binding arbitration.

RULES AND REGULATIONS OF THE VILLAS AT SHERMAN BLUFF CONDOMINIUM ASSOCIATION These rules and regulations supplement the Declaration and By-Laws of The Villas at Sherman Bluff Condominium Association in governing the use of the Condominium property. They shall be strictly enforced.

I.

Rules Applying to the Payment of Condominium Fees

All payments are due on the 1st of each month, but if the total amount due in any month is not paid by the 10th of the month, a late fee of $25.00 will be added to the amount due. At The Villas at Sherman Bluff, late fees are cumulative, which means that for each month, if any monthly payment remains unpaid, an additional late charge will be assessed. At the end of each month if any amount of condominium fees, late fees, fines, legal fees and/or special assessments are still owed, there will be interest owed on any unpaid balance in the amount of 18% per annum, or 1.5% per month. Regular condominium fees are established on an annual basis and collected in equal monthly installments. If any monthly installment is not paid within 10 days after it is due the Board has the right to declare the entire annual condominium fee to be immediately due. After a condominium fee payment is 60 days delinquent and/or the sum total of all condominium fees, special assessments, interest and fines is equivalent to the sum total of two months condominium fees; the Board may place a lien against the unit. If arrangements are not then made to clear the account, a foreclosure action or other legal action against the unit owner can and will result. The cost of preparing and filing any lien or other such action including attorney fees will be the responsibility of the unit owner, not The Villas at Sherman Bluff Condominium Association and/or its Trustees or Management Company and its Agents.

II.

Special Assessments

These may be levied from time to time for major projects.

III. Rental Units The Condominium Association and/or the Property Manager will not be responsible for collecting any fees, late charges, fines, legal fees and/or special assessments from any tenant or person other than the owner of each unit. No more than four units can be rented at one time 8

which equates to about 5% of the total units in the community. Prior to renting a unit, the owner must contact Advanced Realty for approval to rent. Approval will be granted if there are less than four (4) units currently rented within the community or the renter is a family member. Approval to rent will be valid for a 3 month period. If the owner does not rent the unit within 3 months, then they must reapply for approval to rent. Advanced Realty will maintain a waiting list, if necessary, of rental requests. After each year of renting, the unit owner must reapply to continue approved rental status. Within thirty (30) days of a tenant moving into the unit the owner of the rental unit is required to notify the Board of Directors of the names, address, telephone numbers, lease agreement, etc. The Association also has the right to evict tenants with cause. Please review House Bill 135.

IV.

Personal Property

All personal property, such as lawn chairs, bicycles, tables, (barbecue grills,) etc., must be kept inside the patio or inside the garage. Nothing may be hung or displayed, nor may signs, awnings, canopies, shutters, antenna, speakers, or satellite dishes or any other device or ornament be affixed to or placed upon the exterior walls, doors, exterior side of fences, overhangs, or roof. . A. GRILLS: There will be NO grilling on patios, in garages or in any area within 10 feet of any of the condominium buildings. Residents who wish to use their grill must move their grill, (of ALL types) at least 10 feet from the building. For example, out into the driveway area. The grill at the clubhouse is allowed as it is near a single use building, not a multiple residence.

V. Patios The areas around each Unit are reserved for use by particular Units, such as patio areas. These portions of the Villas at Sherman Bluff, although technically part of the Common Area, are to be used and possessed exclusively by the Unit owners and/or occupants of the Unit. Persons who travel through a limited Common Area that is not adjacent to their unit are trespassing. Although these areas, (patios) are for the private use of individual residents, they are subject to the rules and regulations of the association. All personal property, such as lawn chairs, bicycles, tables etc must be kept inside the patio or inside the garage. Personal property maintained within the patio area, including trellises, all grills (for storage purposes only) may NOT be visible above the patio fence with the exception of the patio umbrella, swing, gliders or chairs. (This exception applies only from April 1 through October 31 of each year) The canvas of the umbrella, swings, gliders and chairs can only be in the solid colors of beige, tan, or dark green. Each patio is limited to not more than one table umbrella and one glider umbrella or just one free standing umbrella not to exceed _9’4” or (112”) in total width. These items must be kept in good repair. Patio tables and chairs can be left inside the patio during the winter provided that they are not visible above the patio fence. Any decorative items which are visible above the fence and all umbrellas and glider covers must be removed from the patio November 1st through April 1st. NOTHING, other than the American Flag may be hung or displayed on the exterior of the patio fence. Approved (by variance obtained through the board) hanging flower boxes (up to 4 identical boxes, depending on your patio fence) may be hung on the lower sections of the patio 9

fence (inside only), with these boxes to be painted the EXACT color as the patio fences. The paint code can be obtained from the grounds chairman. The live flowers (no spikes) in these boxes shall not exceed a height of 4” above the highest portion of the fence, (boards only, not the corner posts) these boxes must not exceed the length of the lower parts of the fence on which the box is hung. No plants or vines are allowed to hang down over the outside of the fence. Vegetable plants, fruit and tomato plants are permitted only within the fenced in patio area and CANNOT be visible over ANY part of the patio fence. All residents are responsible for spraying all fruit, tomato and vegetable plants for harmful insects. Any damage to the fence or building caused by insects will be the responsibility of the owner. No spas or hot tubs will be permitted.

VI.

Decorative Items

A.

Wreath- One wreath or holiday season wreath is authorized on the front door.

B.

Prohibited Decorative Items The following items are not to be displayed: 1. Bird feeders or birdbaths (tree-hanging or free standing) a) An exception is made to allow for one hanging hummingbird feeder per unit that relies on solution feed and is hung on an approved shepherd’s hook. (All hummingbird feeders are to be removed November 1 through April 1 of each year. 2. Garden hoses or garden hose hangers 3. Free Standing hose reels (from November 1 through March 31) 4. Wall Plaques 5. Hanging pots or planters from walls, overhangs, or gutters 6. Windsocks/wind chimes/decorative flags, team flags, sport flags, etc. 7. No garden hose laying loose or coiled on the ground when not in use (between November1 and March 31) 8. Driveway or lawn reflectors

C.

Holiday Decorations: Holiday lights and decorations are permitted in the common areas and/or on building exteriors, provided the decorations do not damage common areas, buildings, gutters or siding. Damage includes holes of any kind in any part of the exterior of the building, gutters or siding to secure or mount any part of the decorations. You may not attach decorations to any part of the roof of your building, nor may the decorations overlap onto any adjacent property. One common wreath between garages may be hung with the agreement of both owners. This wreath must be hung without making holes of any kind to the exterior of the garage. Decorations are allowed for recognized holidays and can be placed no more than two weeks prior to the holiday and must be removed the day after the holiday.

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CHRISTMAS, HANUKAH, OR KWANSA HOLIDAY DECORATIONS: The exception to the above mentioned 15 day rule is Christmas, Hanukah and Kwanza season. These decorations may be displayed any time AFTER Thanksgiving Day and must be removed no later than January 7th of the following year. . (Or, a comparable number of days if Hanukah or Kwanza do not fall in that time period any particular year for those holidays.) Approved decorations include lights, wreaths or garlands on bushes, patio fences, around windows or eaves. Again, these decorations must be attached without making holes of any kind in the exterior, eaves or roofs of the building. NO FREE STANDING DECORATIONS ARE ALLOWED! These include, but are not limited to, inflatable items, wooden or metal frame decorations etc. Decorative spotlights are allowed in the colors of red, green or white, and must shine only on the individual resident’s condo, cannot overlap to the neighboring condo. D.

The American Flag: The American Flag may be flown or displayed at anytime following normal flag protocol. Flag holders may be attached to wood surfaces only (trim boards or fence).

E.

Flower Pots: A maximum of two flowerpots per household is permitted outside the patio fence or veranda on or after April 1. They must be placed in the mulched areas. Inside the sidewalk preferred. They are not to be placed on the sidewalk or on the driveway. A third flowerpot may be placed between the garages, with your neighbor’s permission. The flowerpots are to be terra cotta, earth tone, or neutral concrete gray color (no other colors allowed). No pots are to be more than 20 inches in height and 20 inches in length. They must be moved inside or discarded on or before October 31.

F.

Vegetable Plants, Fruit, and Tomato Plants – are not permitted in any area outside of the patio, and if in the patio area, CANNOT be visible over ANY part of the patio fence.

G.

Stepping Stones: Stepping-stones are permitted in the mulched area outside of the sidewalk. A maximum of three flat stones are permitted and are to be no longer than 16 inches in diameter and three inches thick. The stones must be recessed in the mulched area with the top surface flush with the mulch.

H.

Abby and Canterbury, without patio only: A small decorative chair, bench, or flowerpot may be placed in the entryway by the Front Door. Instead of the aforementioned, a small bistro table and two matching chairs are permitted and can be left outside between April 1 through October 31. The Board of Trustees must approve all other items. 11

VII. Flowers/Landscape Plants A.

Flowers: Flowers may be planted inside the patio, outside the patio fence or in any existing mulched area. Flowers are not permitted around any tree. Annuals and perennials must not exceed the heights of the patio fence or the bottom of any of the condominium windows. . Maintenance of the flowers is the responsibility of the resident and dead annuals are to be removed at the end of the season (November 1). The grounds keeper will remove annuals that are not maintained during the growing season and the cost for removal will be billed to the resident.

B.

Shepherd’s Rods: 1. Potted flowers may be hung from a single or double shepherd’s rod stationed inside a mulched area or patio provided it is maintained properly. The pole must be black or dark green in color. Once the plant dies, the plant must be removed. Each unit will be allowed 2 shepherd’s rods, which must be identical (for example if you have black hooks, both must be black, if you have green hooks, both must be green) and of the designated colors in the approved mulched areas. Each shepherd’s rod may have 2 hooks, which means you will be allowed 4 hanging plants maximum. Flower pots must be terra cotta, earth tone, neutral concrete gray, white or dark green. (White and dark green are allowed for hanging pots only). Shepherd’s rods may remain year round.

C.

Landscape/ Plants: 1.

Planting of new shrubs outside the patio fence or veranda must receive advance approval. Variance request forms are available from your Trustees. Approval of the Variance request MUST be obtained prior to making any of the changes.

2.

Additional landscape plants, which may be considered, will be of a species already in use in the community and which, at maturity will not exceed the height of the patio fence

3.

Cedar and cypress mulch are not authorized in any mulched common area.

4.

New plants in the common areas will become the property of the Condominium Association, who will provide future mulching, pruning and fertilization. However, should any one of the plants die, the resident is responsible for replacement.

5.

Approved sidewalk or mulch edging (for the purpose of containing mulch and preventing mulch erosion) is limited to black, straight-edged, not to exceed 2” in height above the contained mulch. Any other edging is not approved and will need to be removed. 12

D.

Residents are encouraged to water shrubs and lawn as needed for those areas surrounding their unit.

VIII. Other Items A.

Prohibited Items: The following items will be strictly prohibited in any common area of the Community: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

B.

Any type or size of yard sign(see Section XI, Signs, for the exceptions) Statue or statuette Yard or lawn ornaments or bird baths Concrete animals such as geese, frogs, dogs, etc. Artificial flowers or greenery Ornamental rocks or stones Swing sets or plastic toys of any kind Mounted hose reels Laundry poles or clotheslines, or other such items. Laundry may not be hung over any patio fence (swimsuits, towels, rugs, etc., included). Exterior speakers Driveway reflectors

Unapproved Common Area Alterations: Residents who have unapproved items in the common area will be sent a letter by the Property Management Company requesting removal of items within five days. Residents who do not remove these items will be sent a second letter. This letter will inform them that the unapproved items will be removed by the Property Management Company within two days at the owner’s expense, and stored in the designated area on the Condominium grounds. Residents may make arrangements with a member of the Board of Trustees for retrieval of the item/items.

C.

Pests and Insects The condo owner is responsible for pest and insect control for problems located within their unit.

IX. A.

Exterior Alterations No alterations, additions, fences, walls, patios, decks, etc., may be made to the exterior surface of the building, nor may any trees or shrubs be planted, transplanted or removed without prior written approval of the Board. These requests shall be submitted in writing to The Villas at Sherman Bluff Condominium Association, 5350 Livingston Ave., Columbus, Ohio 43232. The Board has the right to request the submission of plans, specifications, and all other information relating to a proposed improvement that the

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Board deems necessary. No application for permission will be complete until all requested documentation is provided. B.

Tenants/Renters do not have the right to request or make improvements or alterations. If a tenant wishes to make alterations, improvements, or changes they must apply through the owner of their unit.

C.

Storm doors may be added at the resident’s expense using only the approved design and color. Specific information about approved storm doors may be obtained from your Board of Trustees

D.

Two types of motion detector lights have been approved for the front porch area only. Contact your trustee for the specifications. Board approved lights are Solid Brass, Hampton Bay Motion Sensing Lantern or Coach Light numbers 248560 and 248552. A variance approved by the Board of Trustees is required prior to installing the lights.

X.

Window Coverings

For purposes of this section, window covering (sometimes referred to as window treatments) are used to essentially cover the entirety of the interior of a window section for the purpose of assuring privacy and to control light entering or exiting the interior. All window coverings, whether draperies, blinds (vertical or horizontal) or valances must be white, off-white, light beige or light gray on the exterior side. Sheets, pillowcases, flags, and other items used as window coverings, including the Sun porch or Veranda, are offensive to your neighbor and are not authorized.

XI.

Signs

For purposes of this section, a sign is a device, usually written, that is used to publicly communicate a message or advertise. No signs may be hung or displayed from inside the windows except professionally prepared “For Sale” and “For Rent” signs or security system decals, which shall be limited to one “for sale” or one “for rent” sign and one security sign. No real estate signs, political signs, or special occasion signs are permitted in any common area, except for real estate signs during open house events for the purpose of selling the property. Two open house signs may be placed on the property, one at the entrance to the community and one at the specific unit, and only during the actual times of the open house, not at any time prior to, or following the event. Security signs such as ADP, Guardian, etc. may be placed in the mulch of the limited common area of the unit. Signs for purposes of notification of health issues or emergency conditions are allowed on the inside of the window.

XII. Animal Control A.

No more than one household domestic pet, (not bred or maintained for commercial purposes), may be kept in any one unit. The full-grown weight of a pet shall not exceed forty (40) pounds. Pets shall be limited to dogs or cats. If an owner has more than one pet (must have a variance from the Board of Trustees) when he or she moves into the 14

condominium; and such pets comply with the requirements of the Declaration of Condominium (limited to a combined total weight of not more that forty pounds), up to two (2) pets may be kept by the owners. The same 40 pounds limit applies for visiting pets. B.

All animals, when outdoors, shall be maintained on a leash not more that ten (10) feet in length. Pets shall be supervised by a responsible individual at all times. Such individuals shall be responsible for the immediate clean up of all pet litter.

C.

No pet shall be tethered outside in the lawn or common area; nor shall any pet be tied to any patio fence.

D.

Pet owners may be fined for violation of these policies, at the rate of $10.00 for the first offense and $25.00 for each additional offense. If pets become a nuisance, they may be ejected at the discretion of the Board of Trustees.

E.

No pet of any kind shall be allowed to enter the Clubhouse for any reason.

F.

The Clubhouse Grounds is off limits for all pets.

G.

Condo owners are responsible for registering, with the association, all pet(s) owned by a tenant

All complaints concerning animals must be reported to the Property Management Company. The animal’s owner will be notified of the complaint by letter. This is a very sensitive issue and should in no way be allowed to disrupt the relationship between the resident and the Board Members. Your complaint to the Property Management Company will be in strict confidence.

XIII. Parking/Vehicles A.

No boats, trailers, motor homes, trucks (larger than a ¾ ton pickup), travel trailers, or any vehicle with commercial advertising may be parked on any street or driveway overnight. Other vehicles used for recreation (van conversions/RVs) that are not garage-able must be stored off of the property, however they will be permitted to park in limited common area (in front of garage) for forty-eight (48) hours to allow for loading and unloading. Such vehicles must not exceed thirty (30) feet in length and must not block normal access of other residents. Commercial moving vans, when conducting contract business and commercial trucks when in the area to perform service or repair work are an authorized exception.

B.

All parking by residents or guests must be: (a) within the garage, (b) in the limited common area in front of the garage door, (c) in the parking spaces at the Clubhouse area or (d) on the side drive in such a manner so as not to block any other residents access to the garage or street. Parking is prohibited in the “turn-around” areas at the end of the driveway, except for a four-hour stay by visitors. No vehicle may be parked in the clubhouse parking areas for more than forty-eight (48) consecutive hours. Vehicles parked there for more than forty-eight (48) hours are subject to being towed. Notify your 15

Trustees if you have someone visiting for more than 48 hours and you wish authorization to use the clubhouse parking. C.

Inoperable vehicles (with flat tires, expired license tags, etc.) or vehicles which cannot be identified as belonging to a resident, which are parked in any common or limited common area for more than 48 consecutive hours may be towed off the premises at the vehicle owner’s expense. No repair work is permitted on vehicles in limited common or common areas except for short-term emergency work (flat tire, battery charge, etc.).

D.

No vehicle shall be parked in any manner, which blocks any street or driveway, or the ingress/egress to any garage other than the owners. The speed limit within the Community is 14 MPH. Reckless operation, excessive speed, and parking or driving on the lawn areas is prohibited. The Lancaster Police may issue citations for reckless operation for speeding within the Villas at Sherman Bluff community.

XIV.

Swimming Pool

The pool is for the exclusive use of the residents, families and their guest(s) only. Each household will be issued one pool pass with the resident family name on it. A resident or resident's immediate family member, (for example, resident's children, grandchildren, siblings) using the pool facilities MUST have the pool pass with them to identify the household with which they are affiliated. Any person who cannot be identified as a resident, or resident's immediate family member and does not have the identifying pass with them will be asked to leave the pool. If an owner rents or leases their unit, he/she relinquishes their rights to use the amenities provided by The Villas at Sherman Bluff and passes that right on to the renter or lessee for the length of time covered by the rent/lease agreement. This includes the use of the pool, the clubhouse, the parking areas, and grounds owned by The Villas at Sherman Bluff. The pool rules are: A.

All persons using the pool and pool facilities do so at their own risk and sole responsibility. There is no lifeguard at anytime. We have residents in close proximity of the pool and we must display consideration for our neighbor’s privacy and rest. The pool is strictly off limits after 10:00 PM., anyone swimming after 10:00 PM may be charged for disturbing the peace and the Police will be notified. On the busiest holiday weekends , such as Memorial Day, 4th of July and Labor Day, residents need to be especially courteous and respect the rights of all residents and their families who are trying to use the pool. It is for the enjoyment of all and should be available to anyone wanting to spend time there.

B.

All children under the age of 14 must be accompanied by a resident or resident's immediate family member age 14 or older and must have the identifying pool pass. The Adult resident is responsible for the actions of their children and guests.

C.

Guests must be accompanied by a resident or resident's immediate family member at all times. Guests will be asked to leave if a resident or resident's family member is not present. The resident or resident's family member must have the identifying pool pass. 16

D.

The following is/are prohibited in the pool area: 1. Smoking 2. There is absolutely NO FOOD or eating allowed in the pool area. 3. Radios that do not have ear phones 4. Animals or pets 5. Any Glass or other breakable items 6. Running, diving or disruptive behavior 7. Excessive noise and splashing 8. Private pool parties 9. Electrical appliances that rely on house current. 10. Rafts and body floats with the exception of “noodles”,

(NONE!)

E.

Swimming is permitted only in garments sold as swim wear. Infants must also wear swimsuits – or approved swimming diapers. Regular diapers are not permitted in the pool.

F.

Children are allowed to wear infant flotation devises for safety reasons

G.

Lounge chairs or tables may not be reserved and must be repositioned in the order intended (orderly fashion), after use.

H.

The pool will be open daily during swimming season from 10:00 AM to 10:00 PM.

I.

Wet swimwear is not permitted in the Clubhouse lounge area. There is an outside door which allows access to the restrooms, so there is no need to go through the clubhouse. The doors should be shut and the lights turned off when leaving the restrooms.

J.

The gas grill is to be operated by adult (over 18) residents only and cleaned up after each use. The gas grill is available to all residents

XV. Policy Regarding Unit Repair ONLY THE BOARD OF TRUSTEES HAS THE RIGHT TO ENTER INTO CONTRACTS FOR THE REPAIR AND MAINTENANCE OF THE EXTERIOR PORTIONS OF THE CONDOMINIUM OR THE STRUCTURAL ELEMENTS OF THE BUILDINGS. Each unit owner must report to the Board of Trustees and/or the Villas at Sherman Bluff Property Manager, any requirements for repair, which would normally be the responsibility of the Association. No reimbursement will be made for any contracts made without the approval of the Board of Trustees. NO EXCEPTIONS WILL BE GRANTED. NOTE: THE REPLACEMENT, REPAIR AND MAINTENANCE OF WINDOWS, WINDOW FRAMES, SCREENS, DOORS, DOORJAMBS AND CASING ARE THE RESPONSIBILITY OF THE UNIT OWNER.

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XVI. Owner and Tenant Responsibilities The Villas at Sherman Bluff Condominium Association, Board of Trustees, and/or the Property Manager is not responsible for any tenant(s), person(s) who may occupy any unit or any management company, which may manage any unit for an owner. Unit owners are responsible for the actions of any tenant(s), person(s) occupying any unit and/or any management company, which may manage a unit. Unit owners are responsible for notifying any tenant(s), person(s) occupying any unit and/or any management company, of all By-Laws, Rules and Regulations, and any changes of such and the adherence to of such rules. No Unit or part shall be rented or used for transient or hotel purposes, refer to the By-Laws page 3 article 3 paragraph (g). No lease may be less than an entire Unit. Any lease agreement shall be in writing, shall provide that the lease shall be subject in all respects to the provisions hereof, and to the rules and regulations promulgated from time to time by the Board, and shall provide that the failure by the tenant to comply with the terms of the Condominium organizational documents and lawful rules and regulations shall be a default under the lease. Prior to the commencement of the term of a lease the Unit owner shall notify the Board, in writing, the name or names of the tenant or tenants and the time during which the lease term shall be in effect. In addition, in order to assure that the Condominium meets the requirements of institutional first mortgages and institutional and governmental agency guarantors and mortgage insurers necessary to qualify buyers and owners and/or the Condominium for owner-occupant residential financing, and to maintain the character of the Condominium as primarily a housing community for owner-occupants, the Board may adopt rules limiting or restricting the number of Units in the Condominium that may be rented, provided, that no such rule shall limit or restrict the right of (i) an institutional first mortgage, insurer, or guarantor which takes title to a Unit by deed in lieu of foreclosure, or a purchaser at a foreclosure sale, or the immediate successor in title to the Unit of that institutional first mortgage, insurer, guarantor or purchaser, to rent the Unit(s) so acquired, or (ii) Declarant, or Declarant’s assignee who becomes a successor developer of the Condominium, to rent a Unit or Units owned by Declarant or such successor.

XVII.

Community Center (Clubhouse)

The Community Center is a smoke-free facility for the private use of the Association’s residents, open from 6:00 A.M. to 12:00 P.M. (midnight), seven days a week. It is available for rental, in Four Hour Blocks (unless special arrangements are made), to residents only, for non-profit parties or meetings, for example; Tupperware, Avon, Candlelight or any other events for the purpose of soliciting sales for profit are NOT permitted. Use of the facilities may be limited when rented to a resident for a private function. The following policy applies: A.

A rental agreement is required for the use of the Clubhouse. This form is required in advance of the reservation date. A deposit of $100 is required at the time the request is made but may be returned at a later date following inspection. Any and all damage reported after your rental date will be deducted from the deposit and any excess will be billed back to the unit owner.

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B.

A $40.00 rental fee is required ten days in advance of the reservation date. Contact the Clubhouse Committee Chair for reservation forms. Reservations are granted on a first request basis and for 4 hours only. All association functions will take priority.

C.

Minors may not rent the facility. Adult supervision of minors is required.

D.

The renting resident will have exclusive use of the party room only; (barbecue grill is included), the guests may not use the pool or exercise equipment and the pool may not be reserved for any party. The Association will furnish no party items. Food is not allowed in the Pool area, except for Association functions.

E.

The renting resident is responsible for all clean up and trash removal. Trash must be removed from the clubhouse after the party. Clean up must be done (completely), the day of the party, no exceptions. Grill must be cleaned after each use.

F.

Damages to the community center or equipment and any follow-up cleaning done by the Association will be the responsibility of the resident renting the Clubhouse. The Board of Trustees will assess for any damages or additional cleanup to the Clubhouse reported by the Activities Committee.

G.

The Condominium Association has top priority over all Clubhouse events. In consideration of others, residents may not rent/reserve the Clubhouse for Holidays, Christmas or New Year’s Eve.

H.

Association Committee meetings or other meetings must not conflict with Clubhouse reservations by our residents.

I.

Exercise Equipment and Guest Use of Clubhouse Facilities: The Board sets the following policy for safety reasons. Children under the age of 14 are not allowed to use exercise equipment in the Clubhouse at any time. Residents under the age of 18 are not allowed to use the Clubhouse facilities unless accompanied by an adult resident. An adult ( 18 or older) resident must accompany ALL guests when entering the Clubhouse other than the pool area and bathroom facilities; see section XIV, Swimming Pool.

XVIII. Trash Collection A.

Trash collection regulations require that trash containers not be set out prior to 5:00 PM the day preceding collection and the containers must be picked up and put away by 9:00 PM the day of collection. Trash container with lids are recommended. Securely tied plastic bags containing non-food items only, are permitted but should not be set out until the morning of collection.

B.

Trash containers, when not set out for collection, must be kept inside the garage. Residents will be responsible for clean up of trash spillage from the containers.

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XIX.

Solicitation and Garage Sales

Solicitation by commercial enterprises is not authorized within the community. If you should encounter a solicitor please obtain his card or identification and notify the Lancaster Police. They do not have a permit to solicit within our Association and will be charged for trespassing. Individual Garage sales and tag sales are specifically prohibited.

XX.

Utilities

Residents are responsible for maintenance and payment of their own gas, electric, cable, television, telephone, water and sewage and for calling to initiate service on the date of possession.

XXI.

Condominium Sales

Any owner who sells his or her condominium is responsible for: 1. 2. 3.

Making certain the Association’s Property Management Company is aware of ownership changes at the time a closing date is established. Making certain all condominium fees, late fees, fines, legal fee and/or special assessments are current. Making certain new owners receive the Condominium Declaration, Bylaws and Community Guidelines.

XXII. Landscape Lights: Except as otherwise provided for by Section IX, D lawn lights, lighted artificial plants or lighted decorative objects are not authorized. The exception to this rule involves approved perimeter lighting for the safety and security of residents whose doors and access are on the unlit outside perimeter of the community.

XXIII. Quiet Time No excessive noise – stereos, TV’s, construction, etc. – after 11:00 P.M. weekdays, 12:00 A.M. weekends. Children under the age of 16 are to be supervised by a parent, guardian, or other responsible adult after curfew in accordance with the City of Lancaster and Fairfield curfew ordinances.

XXIV.

Variance Requests

A Variance is a written request submitted on an approved form to the Board of Trustees asking the Board to waive or make exception to a portion of the Villas at Sherman Bluff Policies and Guidelines. It is a formal request the resident is required to make PRIOR to making the changes. 20

Until the Variance request has been approved, the resident is not authorized to make any changes. A resident submitting a request should not assume that the variance will be approved. The Board may choose to deny the variance. It is imperative that no changes be made until the Board has approved the request in writing. Before submitting a request, please ask yourself if it will enhance the community property as a whole in the form of beautification or value. Is it possible your neighbors within the community will want to do the same to their property or will they object? The variance requests are available in the clubhouse or from any Trustee.

XXV.

Insurance

In the event that a resident or Association member causes damage to a building or to Association property, then that person is responsible for the deductible portion of the Association’s insurance policy, up to the limit of the deductible.

XXVI.

Health and Safety

(A) No owner, tenant, resident, or guest shall permit any action or behavior to occur at any time which would disrupt, threaten or infringe upon the health, safety and well-being of any other resident or their property. (B) Except for the act of operating a motor vehicle for the purpose of immediately driving out of the condominium garage or driving into a condominium garage to park, residents or their guests shall not within the condominium garage run motor vehicles or operate internal combustion engines, compressors, generators, power washes or any other similar devices that generate a waste stream, exhaust, noxious odors or excessive noise. (C) Residents shall not keep or store in their condominium or condominium garage: fuels, combustible or hazardous materials, or any other material that emits noxious fumes or odors. This prohibition does not include: (1) commonly-recognized materials, such as cleaning agents, that a condominium owner may keep and store, in quantities proportionate to maintenance of the unit, and which are generally recognized as materials used for maintaining or cleaning the condominium. (2) lubricants and materials normally associated with the operation of a motor vehicle and contained within the fuel tank, fuel system, lubrication and internal mechanisms of a motor vehicle. (D) Except for the act of operating a motor vehicle on the road, conducting Associationsanctioned maintenance operations, in the event of an emergency or by variance approved by the Board of Trustees, residents or their guests shall not operate anywhere in the condominium building internal combustion engines, compressors, generators, power washes or other similar devices that generate a waste stream, exhaust, noxious odors or excessive noise.

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(E) All residents and guests shall operate motor vehicles on Association property in strict accordance to Rules and Regulations, Article XIII, Section D. All owners are responsible for tenant’s and guest’s compliance with these provisions. (F) Personal off road transportation: All personal vehicles such as bikes, golf carts, motor scooters, strollers, etc., MUST have a reflector or reflective material which will be easily seen by motorists driving in the community. This will help to ensure the safety of all of our residents, guests and children. XXVII. Amendments These rules and regulations may be subject to change from time to time at the discretion, and by a majority vote of the Board of Trustees. End of Rules and Regulations (Refer to your Declaration and By-laws for further clarification and or reference.) (The rest of this page intentionally left blank.)

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These community policies and guidelines have been set forth to expand and detail the information found in the Condominium Declaration and By-laws under which The Villas at Sherman Bluff Condominium Association operates. All residents are asked to comply with and support these Policies and Guidelines in order that the community may be a more attractive and a more harmonious place to live. This document, dated November 2010 and approved by the Board in July 2011 supersedes the original resident’s manual titled “The Villas at Sherman Bluff Policy and Guidelines” and all prior versions of the “Villas at Sherman Bluff Condominium Association Community Policies and Guidelines.”

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