LISMORE VILLAGE HOMEOWNERS ASSOCIATION

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1 REGULATIONS INTRODUCTON These Regulations define and extend some of the rights and authority granted to the Association by the Declaration of Covenants, Conditions, Restrictions and Easements for The Lismore Village Declaration and by the By-Laws of the Lismore Village Homeowners Association, Inc. Further, this document creates additional Regulations for the entire community, for the use of Lots and Common Areas within Lismore Village, and for the actions and behavior of all property owners, their family members, guests, invitees, licensees, and permitees, while residing in and visiting Lismore Village or while using Common Areas and facilities within Lismore Village. Additional Restrictions and Regulations are set out in the Declaration. We encourage you to review this document, to familiarize yourself with the Regulations and Restrictions that are set out herein and in the Declaration, as well as the requirements spelled out in the Architectural Review Guidelines of Lismore Village, if any, with the authority granted to the Board of Directors of the Association and to the Association by the By-Laws and to embrace the standards established by these three documents as they are intended to help the Association and its homeowners maintain a secure and harmonious environment within Lismore Village. Capitalized terms used in this document shall have the same meaning as the definitions in the Declaration, and should there be conflict between these Regulations and the Declaration, the Declaration shall control. SCOPE OF AUTHORITY GRANTED The scope of the authority granted to the Association is set out in the Declaration, which encumbers every Lot, road right-of-way, and all Common Areas, as well as in the Association s By-Laws 1

2 To assure compliance with the Declaration and his document, the Declaration makes available to the Association remedies to enforce the Declaration and grant the Board the authority to create Regulations to allow for additional enforcement. The By-Laws then grant the Board the authority to create and amend additional Regulations. Additionally, the Declaration defines the Association s Board of Directors authority to waive or grant variances to specific Regulations. All roads within the community are private and owned by the Lismore Village Homeowners Association. As such, all roadways, together with adjacent parking areas and curbs are subject to all Rules and Regulations of this community and the authority of the Lismore Village Homeowners Association Board of Directors. VARIANCES As adopted by Resolution by the Board of Directors as a Policy of the Association, the Board of Directors shall have the right, as determined in its sole discretion, to waive or grant temporary or permanent variances to any Regulations set out in this document that are not violations of the Declaration. All variances shall be in writing and shall be specific as to the time period for which it is in effect and the action that is to be allowed. Nothing herein shall be deemed to allow the Board of Directors or the Association to grant variances to any law or ordinance or to the ruling or decision of any governmental body having jurisdiction. VIOLATIONS: NOTICE, APPEAL AND REMEDIES NOTICE OF VIOLATION Notice of violation of the Declaration and the By-Laws of the Association or of the Regulations of the Association shall be sent to the Lot Owner at the address shown in the records of the Association. Notices shall cite: (1) the nature of the violation, (2) the corrective actions required, (3) the date of the notice, (4) the deadline for compliance or the time in which the corrective action must be completed and (5) an address for written response from the Lot Owner in violation. APPEAL /RESPONSE TO NOTICE OF A VIOLATION Except in the case of emergency, which shall be denoted on any notice of a violation, or as otherwise provided in these Regulations, the By-Laws, or the Declaration, Lot Owners shall have a period of seven (7) days from the date of the notice of violation (or other such period as stated in the notice) in which to contest the initial finding of the Board of Directors with respect to a violation, any corrective action that it may require, or the time frame that has been allowed by the Board of Directors for completion of the corrective action. Any request for 2

3 appeal submitted by a Lot Owner shall be in writing, must contain new and compelling evidence not obtained or declared in the initial investigation or communicated to the Board of Directors prior to the initial violation notice. The appeal request shall be ed or postmarked no later than the seventh (7 th ) day after the postmark of the notice of violation to the address indicated on the notice of violation. Upon completion of the appeal, the Board of Directors shall determine what action by the Lot Owner, if any, is warranted and shall notify the Lot Owner of its decision and provide a time frame for compliance, if any is required. The decision of the Board of Directors shall then be final and may no longer be appealed. The Board of Directors is not mandated by an appeal to allow additional time for compliance by a Lot Owner, but may do so at its sole discretion. If the Lot Owner does not submit a written request for appeal of a decision to the Board of Directors within seven (7) days (or such other period set out in the notice) or does not correct the violation within the time frame specified in the notice, and if the Board of Directors determines that Assessments for non-compliance and/or corrective action are warranted, the Board of Directors may take corrective action at the Lot Owners expense and the Board of Directors may levy all appropriate Assessments for non-compliance. REMEDIES FOR NON-COMPLIANCE In accordance with Article IX, Section 14 of the Declaration, the Board of Directors may create Regulations to enforce the restriction against offensive activities. In accordance with that provision of the Declaration, the Board does hereby establish the following remedies: The Board may levy a fine against the Lot of any Lot Owner who fails to comply with a notice of violation from the Association s Board of Directors. Though some of the other remedies of the Association are more specifically defined in the Declaration and in the By-Laws of the Association, upon notice to any Lot Owner, the Board of Directors shall have the right to require that any violation of this provision of the Declaration and these Regulations be corrected within a reasonable time frame provided in that notice and unless otherwise provided in these documents, to take appropriate actions to remedy the violation, including but not limited to any action at law. The cost of that correction, together with the cost of any action (such as the cost of any supervision and/or management of these activities taken by the Association to insure that this compliance is achieved), any fine for non-compliance levied by the Association s Board of Directors and any collection cost or attorney fees, may then be added by the Board of Directors to the debt and the personal obligation of the Lot Owner or Co-Lot Owner(s) of the Lot. 3

4 LOT OWNER S RESPONSIBILITIES The Declaration requires that each Lot Owner comply with the Regulations. It is the responsibility of each Lot Owner to obtain a copy of these Regulations, to familiarize themselves with these Regulations and to require that their family members or tenants do so as well. Failure on the part of a Lot Owner to acquire or be provided with a copy of the Declaration, the By-Laws, Architectural Review Guidelines, and these Regulations, or to review these documents upon receipt does not in any way minimize the rights of the Association s Board of Directors to enforce the terms of these documents or relieve the Lot Owner, its family, its guests, its invitees, its licensees or its permitees of their obligation to comply with these documents or the Regulations set out in them. GENERAL REGULATIONS PROPERTY MAINTENANCE AND USE USE OF PROPERTY All Lots shall be used for single family residential use only and no commercial enterprise, business or business activity shall be operated upon any Lot at any time, except with the written approval of the Board of Directors. The term business shall be construed to have its ordinary, generally accepted meaning, and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether (1) such activity is engaged in full or part time; (2) such activity is intended to or does generate a profit: or (3) a license is required. The Board of Directors shall at all times have the authority to determine in its sole discretion whether or not an activity falls within the parameters of a commercial enterprise, business or business activity and whether or not that activity requires approval by the Association in order to be conducted. It is therefore prudent for a Lot Owner to consult the Association prior to commencing any activity that might conceivably be considered by the Association as a commercial enterprise, business or business activity and if approval is required, to obtain that approval in writing PRIOR to the start up of the activity. The leasing of a home on a Lot shall not be considered a trade or business with the meaning of this section. Whether or not it is specifically stated in a lease agreement, the Declaration provides that all leases shall be subject to the Declaration, By-Laws, Architectural Review Guidelines and these Regulations. In addition, the Declaration requires all tenants and their guests to comply with these documents and make the Lot Owner responsible for providing the 4

5 tenant with notice of this fact and the requirements under these documents and for the actions of the tenant and their guests. No garage sale, moving sale, rummage sale, or similar activity, and no trade or business may be conducted in or from any Lot without the approval of the Association, except that a Lot Owner or occupant residing on a Lot may conduct business activities within the home so long as (1) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the structures on the Lot, (2) the business activity conforms to all zoning requirements for the community and all other applicable laws and regulations, (c) the business activity does not involve persons coming into the community, onto the Lot, or into the home who do not reside on that Lot or in the community, or door-to-door solicitation of residents of the community in any way, and (4) the business activity is consistent with the residential character of the community and does not constitute any sort of nuisance, or create a hazard or offensive use of any type, or threaten the security or safety of other residents of the community, as may be determined from time to time in the sole discretion of the Association s Board of Directors. No signage advertising or identifying a commercial enterprise, business, or a business activity (including garage sales) may be displayed on a Lot, from a structure located on a Lot where it is in any way visible outside of that structure, within any locations abutting a private or public road right-of-way within the community or within a public road right-of-way abutting the community without the written approval of the Association s Board of Directors. ABSENTEE LOT OWNERS WHO RENT/LEASE Lot owners who rent or lease their Lot are required to inform the tenant(s) that the tenant(s) are held responsible to the By-Laws, Declaration of Restrictive Covenants and these Rules and Regulations at all times, including their visitors, guests, permitees, and licensees. DISPLAY OF SIGNS/BANNERS/FLAGS Except for signs placed or constructed by the Lot Owner or licensed real estate agent under an unexpired buy/sell agreement with the Lot Owner; any sign posted to a Lot in public foreclosure by the mortgage lender, a recognized court of law, a police agency or other such authorized party by a court of law; and any sign posted for the security of the Lot, as provided solely by the current security system supplier to the Lot, the display of signs, banners and flags is regulated as follows: The total number of items to display in a combination of front lawns and front shrub beds is 3. These items can be any in a mix of the following; 5

6 1. Political party or political candidate signage at the beginning of the campaign, but not beyond the date of precinct voting. 2. Garden flags not larger than 12 x American Flags these flags, dependent upon size, may require prior approval though Architectural Review and when initially approved, will only be allowed as long as the flag is hung in conformance with the United States Flag Code. 4. Collegiate flags not larger than 12 x Stones not larger than 12 x 12 with a painted flag or creative picture display. 6. Home Security Service signage that is in like new condition and displayed prominently in the front shrub bed. These signs must be from a security company that is actively surveilling the property it is placed on. 7. Garden stake signs. If a homeowner intends to put out a seasonal sign or banner, and already has a total of 3 signs placed in front of the home, the seasonal sign must replace one of the existing signs. For Sale and For Rent signs are not counted in the requirement of 3, but cannot be installed on the front lawn or shrub bed. These signs can only be installed in 1st or 2nd floor windows. Any flag, sign, mounting hardware or banner to be mounted, hung or otherwise affixed to any area of the exterior of a townhome must be submitted for architectural review and approval prior to being installed. The following signs, banners, or flags are not permitted. 1. Political signs of any kind beyond the date of precinct voting. 2. Any that convey a message that is offensive or vulgar, in the sole discretion of the Board of Directors. 3. Any that announce or advertise an illicit or illegal activity. 4. Any that advertise a home based business. 5. Any that are affixed to a mail station, pole, street light, fence, or erected in a common area. 6. Any that are a solicitation for a service or product. 7. Any that relate to a social, moral or religious message. 8. Signs related to an expired real estate buy/sell agreement. 9. Any that state No Trespassing, Beware of Dog, Do not Enter, No Admittance, Private Property, and other such signs. 6

7 ARCHITECTURAL REVIEW No home, fence or structure on any Lot within the community may be modified in any way without approval of the Architectural Control Committee. No fence or other structure, whether it is intended to be temporary or permanent may be erected on a lot or within a common area without the approval of the Architectural Control Committee. WINDOW TREATMENTS Window treatments and blinds that are viewable from the exterior of a home are to be white or off-white in color (or as otherwise set out in Architectural Guidelines) and must be kept in good repair at all times. Authorized window treatments do not include bed sheets or any hanging or temporarily installed materials that are not manufactured for the specific purpose to enhance or limit the look and visual access through the window. UNSIGHTLY OR UNKEMPT CONDITIONS It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt conditions upon their Lot, including the failure to properly install or maintain landscaping in all fenced and/or unfenced areas. The pursuit of hobbies or other activities which might tend to cause a disorderly, unsightly, or unkempt condition shall not be pursued or undertaken on any part of the Lot or community. No Lot or structure on a Lot within the community shall be used, in whole or in part, for the storage of any property or thing that will, in the sole opinion of the Association s Board of Directors, cause such Lot or structure to appear to be in an unclean or untidy condition or that will be obnoxious to the eye: nor shall any substance, thing, or material be kept that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of Lismore Village or the surrounding properties. As set out in the Declaration, all Lot Owners are responsible for the removal of debris from any fenced area of their Lot. All exterior porches, patios and other structures of this type as well as other locations on the Lot that can be viewed from another Lot or the street are to be kept free and clear of unnecessary debris and clutter. Only outdoor furniture of a type and in a quantity appropriate for use on porches, patios, and Lots of this type shall be used on a permanent basis on these structures or on the Lot. The authority to determine what type and quantity of furniture is appropriate and what constitutes excessive debris or clutter shall be solely that of the Board of Directors. No appliances shall at any time be stored on an exterior porch. No appliances except outdoor grilles may be stored on exterior patios. Fire Pits are expressly prohibited on any portion of the lot. 7

8 The installation of cable TV, satellite TV, other communications systems and telephone systems shall be installed only when wiring from the home to the utility connection is buried underground. No wiring laid across a lawn, easement area, common area, or wiring dropping out of stored positions within a home exterior wall and onto the lawn is permitted. Homeowners are required to instruct suppliers of this requirement prior to the start of installation. GARBAGE AND REFUSE DISPOSAL GARBAGE CONTAINERS No Lot shall be used for or maintained as a dumping ground for rubbish. Trash, garbage or other waste products shall not be kept except in containers designed for that purpose and which are approved by the Association s Board of Directors and screened from public view in a manner acceptable to the Association s Board of Directors. All equipment for the storage or disposal of such waste material shall be kept in a clean and sanitary condition. No burning of any trash and no unreasonable or unsightly accumulation or storage of litter, personal possessions, new or used building materials, or trash of any other kind shall be permitted on any Lot, street or upon any Common Area and all of these areas shall be kept clean at all times. If such material or litter is found on any Lot, the same will be removed by the Lot Owner, at the Lot Owner s expense, upon receipt of a written request of the Board of Directors. Should the Lot Owner fail to remove the refuse within the period set out in the written notice, the Association shall have the right to see that the refuse is removed by an appropriate supplier of such services and to have the Board of Directors assess the Lot Owner for all costs associated with the refuse removal, together with any collection costs, which shall become part of the Association s lien on the Lot. The size, type and storage location of all garbage containers shall be approved by the Association s Board of Directors. All containers shall be located in rear yards and screened from view in a manner approved by the Association s Board of Directors. There shall be no dumping of grass clippings, trees, leaves, weeds, or other debris, rubbish, trash or garbage, petroleum products, fertilizers, or other potentially hazardous or toxic substances in any drainage ditch, storm or other drainage system pipes, catch basin, detention basin, stream, pond, lake, unimproved area, or on any Lot or Common Area within the community, except that fertilizers and other landscape maintenance products may be applied to landscaping and lawns on the Lots and Common Areas provided care is taken to minimize run-off. For a limited period of time acceptable to the Board of Directors and subject to additional conditions set out by the Board of Directors, large items to be picked up on a scheduled day by a service contracted by the Lot Owner, or by a non-profit agency that supplies a recovery vehicle to pick up serviceable furniture or appliances, a Lot Owner may place these items on the street, directly in front of the its Lot, at curbside, and only on the day of scheduled 8

9 pick up. The Lot Owner must remove said items if the scheduled pickup does not occur so as to not clutter the street and create an unsightly condition. HOME SURVEILLANCE SECURITY SYSTEMS The Association s Board of Directors will allow the installation of a home surveillance system through the submission of an Architectural Review Request and in accordance with local ordinances, state and federal privacy statutes, local law enforcement input and the concerns of the community. Any approval by the Board of Directors for the installation of such a system will contain restrictions. While the Board of Directors is acutely aware of the emotional and actual need of such a system when circumstances cause a homeowner to seek approval of a surveillance system the Board of Directors will balance the concerns of the community related to homeowners right to privacy and quiet enjoyment on the one hand, and the safety, security and comfort of the applicant on the other hand. In balancing those objectives the following process/requirements will apply to any installation request received by the Architectural Review Committee. The installation of any surveillance system is considered an alteration to the structure(s) on the homeowners Lot, and as such, requires a written Architectural Review Request and an on-site inspection of the premises to compare the physical layout of the system within the written request to the physical locations on or about the structure(s). The homeowner will invoke no restriction of any kind, for reasonable access to an on-site inspection once the Architectural Review Committee begins its work. If the written application is in conflict with the Association s nuisance regulations it will be rejected and the Board of Directors will require the applicant to resubmit an application with a plan that will co-exist with all other current Regulations. Installations will not be permitted that the Architectural Review Committee determines will cause an unreasonable interference with neighboring homeowner s reasonable expectation of rights to privacy. Under no circumstance will an installation be approved for equipment that is capable of audio recording. All cameras will be approved only after they are agreed to be placed in the least intrusive or visible location on the home and can only be focused on the applicant s property. No camera is authorized to be placed on any out building of any kind, any neighboring structure (including but not limited to trees, fences, poles, etc.) nor on any common area of the community. 9

10 Approved surveillance systems will not emit any blinking, strobe, high intensity, or other direct lighting that will disturb any homeowner. The homeowner applicant must include a plot plan showing the exact location of every camera in relationship to neighboring structures, a representation of the equipment to be installed including model number, make, whether the camera is a still or motion camera, whether or not the camera is audio capable, and specifications on the size, shape and angle of view of the camera. The specifications must also state the range of clear image the camera is capable of. The homeowner applicant understands that any change to the system, after the initial installation is completed, to include the addition of cameras, a change in the make, model or location of cameras, and the field of view of the cameras, will require a new Architectural Review Request. The cost of the installation of any surveillance camera system will be paid solely by the applicant, upon approval of, and prior to, the installation of the system. The exterior of the applicant s townhome may not be altered in any way to accommodate the installation of camera equipment. The agreement for installation of a surveillance camera system as a lease document component between the lot owner and a prospective renter is considered a violation of these Rules and Regulations and will subject the lot owner to Architectural Review violation(s) if the surveillance camera system is installed without first obtaining the approval of the Architectural Control Committee and the Board of Directors. The approval of installation, if given by the Board of Directors, remains in effect only for the duration of the applicant s residence upon the lot. Should the applicant move away from the community, the surveillance system must be dismantled and removed from all structures prior to the arrival of the new homeowner or tenant. Unless the applicant can demonstrate without doubt that time is of the essence in the approval process, the Board of Directors will determine the date of approval based upon the recommendation of, and the on-site investigation of the Architectural Review Committee. OFFENSIVE ACTIVITIES No immoral, improper, illicit, noxious, illegal or offensive activities including, but not limited to vulgar, abusive or otherwise inappropriate language or gesture; indecent exposure; verbal threats of any kind including threats of bodily harm; actions that impede the ability of any 10

11 resident to exit or enter his property; or harassment of any supplier contracted by the homeowners association shall be carried out upon any Lot, Common Area or any other portion of the community, nor shall anything be done tending to cause embarrassment, discomfort, annoyance, or nuisance of any of the Lot Owners, Co-Owners or residents of other Lots in the community, or any person using any Lot or Common Area within the community, as determined by the Board of Directors in its sole discretion. There shall not be maintained any plants or animals or devices or things of any sort whose activities or existence is in any way noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the community. Without limiting the generality of the foregoing, no speaker, horn, whistle, siren, bell, amplifier or other sound device, except such devices as may be used exclusively for security purposes or as approved by the Board of Directors, shall be located, installed or maintained upon the exterior of any home site unless required by law. Any siren or device for security purposes shall contain a device or system which causes it to shut off automatically. All valid laws, ordinances and regulations of all governmental agencies having jurisdiction shall be observed. COMBUSTIBLE LIQUIDS There shall be no storage of gasoline, propane, heating or other fuels, except for a reasonable amount of fuel that may be stored in containers appropriate for such purpose on each Lot for emergency operations of household heating and cooking appliances, grills, and for the operation of lawn equipment. Quantities exceeding 5 U.S. gallons must be approved by the Board of Directors. QUIET ENJOYMENT Home and automobile televisions, radios, and stereos shall be played at reasonable levels at all times and the same shall not be played so as to be heard outside the home or automobile in which it is being played at any hour of the day or night. GUNS, WEAPONS AND NOISEMAKERS The discharge of weapons and use of noisemakers on the properties is prohibited. The term weapons includes without limitation devices that propel a projectile a distance of more than 50 feet, such as BB guns, pellet guns, slingshots, and any other weapons commonly referred to as a firearm, regardless of size. Noisemakers may include items such as horns, firecrackers, bottle rockets, TNT, dynamite, and other items commonly referred to as fireworks, blasting powders or devices made with a blasting agent. 11

12 The Board of Directors may levy fines for non-compliance and exercise other enforcement remedies as set forth in this Declaration. Notwithstanding anything to the contrary contained in the Declaration or By-Laws, neither the Association nor the Board of Directors shall be obligated to take action to enforce this regulation. CHILDREN Lot Owners and residents are responsible for the actions of their children and the children of their guests, visitors, licensees, and invitees ANIMALS AND PETS As further stated in the Declaration, no animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any Lot, with the exception of dogs, cats, or other usual and common household pets in reasonable number. The number and type of acceptable household pets may be determined by the Board of Directors of the Association. No animals shall be kept, bred or maintained for commercial purposes and all animals must be properly cared for and kept free of contagious disease. No Lot Owner, resident, guest, visitor, licensee, or invitee or other individual may feed any livestock, animals or poultry, including ducks and geese, or similar non-household pets on any Lot or in the Common Areas of the community. The community is a designated Bird Sanctuary and as such, the practice of providing habitat and feeders for songbirds is exempt from this regulation. Pet waste stations are located within the community for use by all lot owners and residents as the means to keep the community free of animal waste. This regulation prohibits lot owners and residents from allowing pets to deposit feces upon lots and common areas without being cleaned up by the pet handler immediately upon evacuation by the pet. Lot owners and residents who allow animals to run unleashed and/or to leave waste in any area of the community without immediate cleanup are in violation of leash laws of the City of Greer, South Carolina and may be reported for that violation; and in violation of this Regulation and subject to a financial penalty. WHEELED DEVICES Recreational wheeled devices, including skateboards, wagons, skates, roller blades, scooters, bicycles and similar devices are permitted within the community so long as the person operating the equipment does so in a manner that avoids collisions with people, cars and fixed objects within the roads and sidewalks of the community. Motorized equipment must observe 12

13 the same Rules, Regulations and limitations placed upon any automobile or truck by the governing documents of this Association. Wheeled devices, except those devices such as wheelchairs and walkers used to provide assistance to physically impaired persons are not allowed in the Gazebo or on the stairs leading to the Gazebo. USE OF COMMON AREAS AND COMMON AREA EQUIPMENT Any structure within the Common Areas, or any other equipment furnished by the Association or erected within the community Common Areas, shall be used at the risk of the user, and the Association shall not be held liable by any person for any claim, damage, or injury occurring thereon or related to the use thereof. VEHICLES AND PARKING REGULATONS Lot owners are reminded that authorized parking at your residence is limited to the 2 assigned parking spaces that contain the address of your townhome. If your vehicle is parked in any other numbered parking space, guest parking, on any red curb, within a posted No Parking area or in any unpaved area of the community, it will subject your vehicle(s) to a tow on a first occurrence basis. All costs of towing, storage, and any other fees associated with the tow are the responsibility of the owner of the vehicle(s). Assigned Parking Spaces white background with black numerals These are numbered spaces assigned to a Lot Owner. Guest Parking Spaces Yellow background with black lettering These spaces are reserved for temporary guests of Lot Owners. This does not include extended family members who are taking up residence at the Lot Owners address. White Curbs These are curbs where parking is permissible as long as the vehicle is parked tight against the curb in the direction of the traffic flow. Red Curb These are curbs that do not permit parking but will allow vehicle standing for physically impaired individuals for loading and unloading. 13

14 INOPERATIVE AND UNLICENSED VEHICLES AND AUTOMOTIVE REPAIRS No inoperative or unlicensed vehicles may be parked on a Lot, any Common Area, on any guest parking space, within any unpaved area or on any red curb. No vehicle maintenance or repairs may be conducted of a commercial, for hire nature. Repairs on any vehicle, including your own vehicle, other than minor maintenance or repairs may not be conducted. Minor maintenance and repairs include belt replacement (without placing the vehicle on blocks or utilizing jack stands or mechanical hoists) general cleaning, wiper blade replacement, battery replacement, and other minor maintenance that does not make the vehicle inoperative for more than two (2) hours, and in no way will create excessive noise or cause undue attention to the activity. No vehicle of any type, without stock mufflers, shall be allowed on any lot or Common Area of the community. No oil change, coolant change, brake system bleeding or transmission work of any kind is to be performed on any Lot or any Common Area of the community. Any personal vehicle operated on the streets of this community must be properly licensed, and equipped with a standard, stock muffler system. Unlicensed, inoperative and/or abandoned personal vehicles will be towed at the owner s expense. Vehicles with leaking coolant problems will be cited as inoperative vehicles if left unrepaired. The repairs required by damage done to the paved area of the community by a vehicle leaking coolant may be assessed to the Lot Owner. COMMERCIAL VEHICLES AND HOUSEHOLD GOODS MOVERS Vehicles with a gross vehicle weight greater than 10,000 pounds are not allowed to be parked on the Lot, streets, red curbs or the Common Area of the community unless such vehicle is a household mover in the act of move in or move out activity, a vehicle used in the act of delivery or pick up of household appliances or furniture, or used in the act of emergency response to police, fire and rescue. Household goods movers may not use any red curb where a fire hydrant or mail station exists. Household goods movers who require more than one day to load or unload may not leave the power unit and/or trailer in the community overnight. The power unit and/or its trailer must be moved out of the community overnight Overnight parking of trailers of any size and type, attached or detached from a vehicle is prohibited. Trailers parked overnight, together with any vehicle they are attached to will be towed at the owner s expense. POD s If a resident chooses to move by utilizing a POD, the POD may be dropped into one of the two assigned parking spaces of the resident moving out\, and the POD must be removed from the 14

15 community by the 15th calendar day after it was first delivered to the residents address. POD s may not be dropped into any guest parking space or any neighbor assigned parking spaces. POD s may not be dropped in such a way that they straddle both assigned parking spaces. Towing of a POD parked in violation is handled in the same manner as would a parking violation for a motorized vehicle. RECREATIONAL VEHICLES No boat, boat trailers, jet skis, water craft, utility trailers (except those used temporarily for move in or move out activity within the community), campers, mobile homes, all-terrain vehicles, go carts, golf carts, and trailered vehicles are prohibited on community streets, common areas of the community or unimproved areas of the community. Motorcycles, motor bikes and scooters are allowed to be parked on an assigned Lot parking space only when properly licensed, and equipped with standard, stock muffler systems. Any commercial or recreational vehicle operated on the streets of this community must be properly licensed and display an unexpired license plate or it will be towed at the owner s expense. SERVICE AND DELIVERY VEHICLES Service and delivery vehicles may be parked in the community between the hours of 7:00 AM and 9:00 PM, as necessary to provide service or to make a delivery, except on red curbs where a fire hydrant or mail station exists. HOMEOWNER/RESIDENT/VISITOR/GUEST/INVITEE PARKING The Board of Directors of the Association shall, at its sole discretion, determine what constitutes the proper type or condition of vehicles that are appropriate for a Lot, and what constitutes nuisance parking, improper parking and unsafe or hazardous parking. The Board of Directors may cause, but shall not be required to tow or otherwise remove any vehicle parked in violation of these Regulations, at the owner s expense. Vehicles may not be driven or parked on any portion of a Lot other than the designated parking spaces designed for that purpose. Guests, visitors, and invitees must use available Lot parking spaces of the Lot Owner they are visiting and unnumbered parking spaces, in that order of priority, for routine parking. Vehicles parked on any red curb within the community will be towed at the owner s expense. The area in front of 49 Swade Way is a no parking area. Vehicles found parked in this area will be towed at owner s expense. 15

16 PHYSICAL LIMITATION PARKING EXEMPTION Temporary standing at a red curb is allowed for vehicles that display a handicap license plate or a handicap hang tag and only for the purpose of on boarding or off boarding riders with physical limitations. Either the tag or the plate is acceptable as long as the dates of the authorized use have not expired. Red curb standing for the reason of physical limitations is exempt from the necessity to observe parking in guest parking spaces only for the length of time it takes to on board or off board a rider and escort that person to or from the address being visited. Once the rider is accommodated, the driver must then move the vehicle to the nearest white curb or guest parking space to avoid towing. Unattended vehicles displaying handicap hang tags or license plates found parked on red curbs or other unauthorized areas will be towed. Users of this parking exemption may not park on red curbs where fire hydrants or mail stations exists. GUEST PARKING SPACES Lot Owners and residents may not use guest parking spaces for the purpose of parking their own vehicles unless a written request has been approved by the Board of Directors. Overnight guests, visitors or invitees must use the guest parking spaces if sufficient space is not available at the Lot of the Lot Owner or resident they are visiting. A written excess use request must be made to the Board of Directors for any overnight guest requiring the use of the guest parking space for more than two (2) consecutive nights in any one calendar month. The Board of Directors may, but is not required to designate, at its sole discretion, certain parking areas within the community for Lot Owner and resident excess vehicle parking subject to reasonable rules and fees, if any. WRITTEN PERMIT PARKING In the event that a neighbor is willing to allow another resident the use of one of his assigned parking spaces, the Lot Owner who will allow this must send a written permit to the Property Manager or an HOA board member and state: 1. The year, make, model and color of the vehicle 2. The license plate number and issuing state. 3. The duration of the authorization. If the HOA becomes involved in a parking complaint, we will ask for a copy of a written permit from the violator. If the violator cannot produce a written permit, and if the property manager 16

17 has no written permit on file, the violator will be forced to move his vehicle from the parked location to an HOA approved location within the community. FENCE INSTALLATIONS The community governing documents prohibit any type of fence, however; because of the proliferation of fences throughout the community prior to the installment of the first Board of Directors and without proper guidance from the original property manager, the Board of Directors has decided to allow fences, under the following restrictions: The homeowner must submit an architectural review application prior to the start of any fence installation work. Failure to follow this preliminary step will automatically incur a $ assessment to the Lot Owner. Fence installations are normally limited to an installation involving the perimeter of the rear yard. This means that the Board of Directors will not normally approve fence installation for only a portion of a yard (i.e. a fence only on the perimeter of the patio). The fence may not be tied into the fence of one or both adjoining neighbors without the written consent of the affected Lot Owner(s). Renters do not have the authority to authorize a tie in of any fencing. If the installation causes a fence to straddle an irrigation head, the homeowner will become responsible for the cost to relocate the head; requires the specific approval of the Board of Directors, and the relocation of the irrigation head must be completed prior to the installation of the fence posts. If the installation would cause the fence to straddle a gas line, the utility company must be contacted to ensure that any installation will not threaten a rupture of a gas line. Your fence installer should be capable of detecting the presence of a gas line. The fence must be white in color and identical to the type, model and brand of the fence now used throughout the community. The Lot Owner is responsible for maintaining the fence in like new condition at all times, including gate hardware. The fence must be gated to the common area surrounding the rear yard. The maintenance of any fence and its hardware is the sole responsibility of the Lot Owner, and the Board of Directors will ensure that the fence is maintained in like new condition though periodic inspections of the community. 17

18 The fence must be unlocked and the gate left open on any trash collection day, any scheduled day of power washing and any scheduled day of landscaping/lawn maintenance in order to receive those HOA paid services. Failure to provide access may cause the HOA to assess the Lot Owner for an unscheduled day of service. The landscaper will not enter any rear yard when the gate has not been propped open for access. The installation of any fence does not allow the Lot Owner to store his trash container in the common area beside or behind his home or in an adjoining rear yard. All trash containers are to be stored inside your rear yard, fenced or not fenced.. Architectural Review forms can be found on the Hinson Management website. Follow the links to Homeowners Associations, then to Lismore Village. The installation of any structure inside a fenced yard is required to be approved by the Board of Directors, prior to the installation of the structure. Trees are not permitted to be installed in a fenced yard. Shrub installations in fenced yards are approved to the extent that no shrub or flowering shrub may exceed the height of the lowest part of the fence. REAR YARD HARDSCAPES Hardscapes require he completion of an Architectural Request form and approval by the HOA Board of Directors. The includes complete or partial replacement of the rear yard lawn, extension of the patio with any kind of materials, and any stone, masonry or metal structure that includes a running water feature. 18

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