EXHIBIT D SPARKLING RIVER CONDOMINIUM RULES AND REGULATIONS EFFECTIVE AS OF 19 JANUARY 2017

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1 EXHIBIT D SPARKLING RIVER CONDOMINIUM RULES AND REGULATIONS EFFECTIVE AS OF 19 JANUARY 2017 The Condominium Rules and Regulations are adopted for the benefit of the Unit Owners of the Sparkling River Condominiums. They are intended to contribute to preserving a clean and attractive environment and to ensure the peaceful enjoyment of the Condominium. They are also intended to protect and enhance the value of the Owner s property. All residents of the Condominium and their guests, vendors, tenants, contractors, etc. shall abide by these rules. References herein to Association shall mean the Sparkling River Condominium Association. References to the Board shall mean the Board of Directors of the Association, or their designee, the President, or the Association respectively. These Rules are intended to supplement and not supersede the provisions of the Sparkling River Declaration of Condominium and By-Laws. 1) Common Areas 2) Pets. There shall be no installation of furniture of fixtures such as swing sets, swimming pools or any kind or size, clothes lines, clothes poles, clothes racks, sandboxes, lawn ornaments, basketball hoops, badminton or volleyball nets, or any other structures, furniture or equipment on lawn areas in the Common Area. No personal articles shall be allowed to remain unattended in any part of the Limited Common or Common Area including but not limited to, bicycles, scooters, baby carriages or similar vehicles of toys. No temporary structures, trailers, tents, sheds, playhouses, and the like shall be permitted in or about the Limited Common or Common Area. The Association allows Owners to add additional plantings and lawn ornaments in the mulch bed(s) area of a Unit. The Board of Directors reserves the right to direct an Owner to remove items from the mulch bed(s) that the Board of Directors considers to be objectionable. No animal of any kind shall be raised, bred, or permitted in any Unit, Limited Common or Common Area, except that birds, dogs and cats shall be permitted as household pets. No resident shall have more than two (2) household pets in total (i.e. one of each or two of one type). No animals are to be kept, bred or maintained for any commercial purpose, all must be housed within the Unit, and all must abide by all applicable Rules and Regulations. No outside dog pens, runs, or yards are permitted. The Association bears no responsibility or liability with respect to injury, damage, loss, or death of or to any pet anywhere on/or within the Condominium. Each Unit Owner keeping any household pet(s) indemnifies the Association and each of its members and holds them harmless against any loss or liability of any kind whatsoever arising from or growing out of keeping of household pet(s). Neither dogs nor cats may be in the Common or Limited Common area, unless carried or on a leash. No dog or cat may be left outside unattended.! 1

2 All residents shall remove their pet waste from the Common and Limited Common Areas. The Unit Owner of any pet causing or creating a nuisance or unreasonable disturbance, generating a complaint, must appear before the Board of Directors. In addition to the fines which may be levied by the Board for violations of these Rules and Regulations, the Board upon hearing after receiving three separate complaints may compel the removal of the offending pet from the Condominium. 3) Parking. Residents are encouraged to park their vehicles in their garages and may park vehicles in their driveways. Overnight parking on the street, from 11:59 pm to 6:30 am, is not permitted. The Board may grant permission, in advance, for Unit Owners and their guests to park any registered operating vehicle, outside, overnight, in parking areas specifically designated for that purpose. Registered boats, trailers or other equipment may not be stored in the driveway of a unit and must be parked in the Garage. Repair or dead storage of vehicles, boats or equipment including, but not limited to, community and commercial vehicles, cars, boats, motor cycles, trailers, motor homes, and trucks, is not permitted on Condominium property. After 24 hour notice to remove such vehicles or equipment, the Association shall have the right to remove such vehicle or equipment at the expense of and liability of the responsible Unit Owner. 4) Unregistered Vehicles. No unregistered vehicles may be stored or parked at the Common Area or at a Unit. No Owner shall cause or allow to be stored or parked at the Common Area or at a Unit any commercial vehicle. Only automobiles or other vehicles customarily and usual for so-called pleasure driving shall be parked at the Common Area or at a Unit. 5) Speed Limits. The speed limit on Condominium Streets is 15 miles per hour. 6) Antennas. Rules for installation of a satellite dish are contained in the attached Addendum A - Satellite Dish. 7) Stand By Generator. Rules for installation of a Stand by Generator are contained in the attached Addendum B Stand by Generator. 8) Common Area Improvements. Rules for improvements to the Common Area or Exterior of a Unit are contained in the attached Addendum C Common Area or Exterior Improvements Form. 9) Display of the Flag of the United States. Rules regarding the display of the Flag of the United States are contained in the attached Addendum D Display of the Flag of the United States. 10) Noise. The close proximity of living areas dictate that common sense, good judgment and consideration should be used by residents and their guests at all times. Any activity which, by its nature, violates this shall be deemed a violation of these Rules and Regulations.! 2

3 Electronically amplified sound that can be heard beyond the boundaries of the Limited Common Area of the Unit where it is generated, between the hours of 10 p.m. and 7 a.m., shall be a violation of this rule. 11) Solicitation. No advertising including but not limited to, pamphlets, free newspapers or other free printed matter of any kind shall be distributed to Units. No soliciting, peddling, or door to door canvassing of any nature whatsoever shall be permitted in the development. Delivery of paid newspaper subscriptions and Association materials is permitted. Occupants of Units who are agents for a commercial interest shall not solicit in person or by any means within the Condominium. 12) Contractors. All contractors doing any kind of work at the Condominium for the Association or for a Unit Owner which encompasses the Exterior of the Unit, Common Area, or Limited Common Area of the Condominium must provide an Insurance Certificate to the Board prior to commencing any work. 13) Insurance. No Unit Owner shall use his Unit in such a fashion as to result in the cancellation of insurance maintained by the Association on the Condominium or in any way increase the cost of such insurance. Uses resulting in an increase in premiums may be made by specific prior arrangement with the Board providing the payment of such increase insurance costs will be made by the Unit Owner concerned. 14) Mortgage Notice. A Unit Owner who mortgages or refinances his Unit shall notify the Association of the name and address of his mortgagee or lending institution. 15) Notice of Unpaid Common Charges. The Association, whenever so requested in writing by a mortgagee or lending institution of a Unit, shall promptly report any then unpaid common charges due or any other violation of the provisions of the By-Laws or the Rules and Regulations by the Owner of the mortgaged Unit. 16) Notice of Default. The Association, when giving notice to a Unit Owner of a default in paying Common charges or fines resulting from violations of the provisions of the By-Laws or these Rules and Regulations, must send a copy of such notice to each holder of a mortgage on such Unit whose name and address has previously been furnished to the Association. In the event of such a default the Unit Owner shall be obligated to pay interest of one and one half (1-1/2)% per month from the due date, together with all expenses, including Late fees, and Attorney s fees, incurred by the Association in any proceeding brought to collect such unpaid Common charges. 17) Payment of Common Charges.! 3

4 All Unit Owners shall be obligated to pay the Common charges assessed by the Association monthly, payable in installments as determined by the Board of Directors. A ten (10) day grace period will be allowed on each payment before late fees are levied. 18) Late Payment Process. DAY 1 Monthly condo fee is due the first of each month. 10 Grace period ends. 11 Treasurer phones Unit Owner to remind them payment is now past due. 20 If payment in full is not received a registered letter is sent from the Board informing the Unit Owner that per the Rules a late payment penalty of $50 has been assessed against the Unit and that an additional penalty of $50 will be assessed for each ten days the monthly fee and any prior penalty remains unpaid. 30 A Registered letter with second penalty charge- total penalty now at $100- is sent. 40 Registered letter with third penalty charge total penalty now at $150- is sent. Notice informs the Unit Owner that if unpaid condo fees and penalty are not paid within 10 days the matter will be referred to the Association s Attorney to institute all appropriate collection activity including informing their Mortgage holder, if any. 50 Collection letter sent from the Association s attorney demanding payment in full within 5 days, with a copy to the Mortgage holder. 55 Further legal action including, but not limited to, property attachment. 19) Enforcement. A. Report of violation shall be made to the Board. B. A violation report must be completely filled out and signed or the complaint will not be considered. C. A violation report must contain the following information: Offender s name: Address: Violation location: Date and Time of violation: Description of the violation: Reporter s name, phone number, address, signature. Other witnesses names, addresses, phone numbers. D. The reporter must be prepared (and may be required) to appear before the Board to testify about the complaint if requested by the accused/offender. E. The Board shall give written notice of every reported violation to the alleged offender by mail to/at his/her then listed address by US first class, registered or certified mail, postage paid, with a copy of the complaint and any fine assessed.! 4

5 F. The alleged offender may pay the fine assessed, if any, and the matter shall be closed. G. The alleged offender may request a hearing with the Board which shall be held on a mutually acceptable date within 30 days of the date of the notice. 20) Fines. H. At the hearing the Board of Directors shall: 1. Afford the alleged offender the opportunity to review the reported violations and to express his/her position and have the reporter appear at the hearing to discuss the notice and to respond to any questions from the Board of Directors or the alleged offender. 2. Render a decision. (Failure of an alleged offender to appear at the hearing or to provide an explanation of his/her position shall not prohibit the Board of Directors from taking action.) The Board shall impose and assess fines against a Unit Owner as a method of enforcing the Condominium Declaration, By-Laws, and Rules and Regulations. Fines may include, but are not limited, to daily fines for continued violations. The Unit Owner shall be notified in writing by the Board of Directors of the violation and shall have five (5) days to rectify the matter, in which event the Board shall take no further action. If the violation is not rectified or cured within the five (5) day period or if the violation is recurring then the Unit Owner shall be fined Fifty ($50) for each violation. An additional fine of Fifty ($50) shall be levied for each additional five (5) day period during which the violation continues to not be rectified or cured. All unpaid fines shall be a lien on the Unit charged. All fines are due and payable within five (5) days of being imposed by the Board of Directors. All fines collected shall be placed in the Association s general fund.! 5

6 Addendum A Satellite Dish April 21, 2016 Sparkling River Condominium Association Board of Directors Adopts the following pertaining to the installation and use of a Satellite Dish to receive broadcast signals. Notice of Intent to Install a Satellite Dish 1. Unit owners wishing to install a satellite dish shall provide the board of directors written Notice of Intent to Install a Satellite Dish. Notice shall include: (A) Unit Address. (B) Unit owner(s) name. (C) Contact phone number. (D) Description of where the satellite dish is to be located. (E) Description on how the satellite dish will be mounted and secured. (F) Estimate height of satellite dish and mast. (G) Description on how the cable wiring will run and the point of entry into the unit. (H) Estimate start time and end time of installation. (I) If required, copy of permit from local permitting authority for mast higher than 12 feet above the roof line. (J) Copy of insurance and workers compensation should installation be done by a professional third party. (K) Insurance release(s) should installation be done by a professional third party. 2. Once written notice of intent to install a satellite dish is received, reviewed and is satisfactory to the board of directors, the board of directors shall provide if necessary the unit owner written notice of any additional recommendation(s) for the proper location and installation of a Satellite Dish.! 6

7 Satellite Dish Guidelines 1. Satellite dishes of 1 meter (39.37") or less are allowed. 2. The satellite dish shall be designed to receive broadcast signals. 3. Satellite dishes may be installed only on limited common areas (front porch, balcony, terrace, or deck) that only the unit resident can use. No part of the satellite dish or mast shall extend over or onto Common areas. 4. Satellite dishes may be mounted on a mast to reach the height needed to receive or transmit an acceptable quality signal. Mast higher than 12 feet above the roof line may be subject to local permitting requirements for safety purposes. Individual seeking to install a mast higher than 12 feet above the roof line shall obtain any and all necessary local permits. 5. Mast or satellite dishes that extend beyond any limited common area are not allowed. 6. For safety purposes, installation of a satellite dish shall not restrict access to or from a unit front or back entrance/exit. 7. Satellite dish shall be securely fastened down so that it will not be blown loose. 8. The association may require the satellite dish be painted in order to blend in with the surrounding area. 9. Drilling through an exterior wall or foundation to run the satellite dish cable is not allowed without prior board of directors approval. 10. Satellite dish cable shall enter the unit at the existing cable TV entry point or other utility entry point. 11. Attaching satellite dish cable to common areas is not allowed without prior board of directors approval. 12. Satellite dish cable shall be enclosed in an electrical conduit. 13. Satellite dish cable if buried in the ground, shall be buried a minimum of six (6) inches below ground level. All disturbed ground areas shall be returned to the condition prior to the installation. 14. Any damage to a satellite dish as a result of storms, earthquake or other causes will be subject to repair or replacement by the unit owner and not the Association. 15. Unit owner is responsible for all maintenance, adjustments and alignments with regards to the satellite dish, cable, and accessories to the satellite dish. 16. Unit owner is responsible to ensure the satellite dish is removed and the area is restored to its natural state upon termination of service, or upon sale of the unit if the incoming unit owner does not intend to use the satellite dish. 17. The board of directors reserves the right to remove any satellite dish that is installed on a common area. The owner will be given thirty (30) days written notice to remove the satellite dish. Any cost incurred by the board of directors to remove a satellite dish will be the responsibility of the unit owner.! 7

8 18. The board of directors reserves the right to remove a satellite dish in order to provide maintenance, repairs or replacement to that area where the satellite dish is attached. The unit owner will be responsible for any cost incurred to adjust or alignment to the satellite dish as a result of providing the maintenance, repairs or replacement Acknowledgment by Unit Owner I hereby acknowledge receipt of Sparkling River Condominium Association adopted Notice of Intent to Install a Satellite Dish along with Satellite Dish Guidelines. Unit Address: Signature of Unit Owner: Date: Addendum B Standby Generator Exhibit A - Minimum Installation requirements for Standby Generators (Note that these requirements do not apply to portable generators)! 8

9 The following are the minimum requirements for the installation of standby generators at Sparkling River. 1. The gas line and electrical shall be buried from the generator to the side of the house to protect it against physical damage. 2. The generator shall be mounted on a base constructer of a stone like material or pressure treated wood that is a minimum of 4 inches off the ground. Refer to the picture below for an example. 3. The gas and electrical lines shall be routed within the protective base as shown below. 4. All fittings and gas pipes shall be painted with a protective coating. Note that the picture below shows areas that are in violation of this requirement. 5. A sediment trap shall be located near the generator. Refer to the picture below as an example. Addendum C Common Area or Exterior Improvement Form! 9

10 Addendum C - continued Common Area or Exterior Improvement Form! 10

11 Addendum C - continued Common Area or Exterior Improvement Form! 11

12 ! 12

13 ADDENDUM D DISPLAY OF THE FLAG OF THE UNITED STATES June 16, 2016 Sparkling River Condominium Association Board of Directors Adopts the following pertaining to the display of the Flag of the United States. Unit owner(s) may display the Flag of the United States outdoors in accordance with Federal Law and consistent with the United States flag code, the Freedom to Display the American Flag Act of 2005, State of New Hampshire Title I the State and its Government Chapter 3-E Display of the Flag of the United States and Title XXXI Trade and Commerce Chapter 365-B Condominium Act III. Unit Owners Associations Section 356;B:47-a Flag Display. Flying the United States Flag Guidelines 1. The Flag of the United States shall be the only flag flown. 2. Unit Owner(s) wishing to mount a flag pole onto their unit shall complete a Common Area or Exterior Improvement Request and Release of Liability Form along with a signed Acknowledgement of these Guidelines and submit both forms to the board of directors for approval. 3. The Board of Directors shall review each request and answer the request no later than 45 days. 4. The United States Flag to be flown shall not exceed 3ft by 5ft. 5. The flag pole shall not exceed 6ft and shall be either white or wood in color. 6. The mounting bracket shall be white in color and shall be mounted onto the front of the house on the garage vertical white molding, furthest from the front porch. 7. The white mounting bracket shall be secured by three inch stainless steel screws. 8. The mounting bracket shall be mounted between 6 feet and 6.5 feet off the ground for safety reasons. 9. The angle of the flag to the building shall be set at 45 degrees. 10. The flag may be flown at or after sunrise and shall be taken down at sunset if not properly illuminated. 11. The United States Flag should not be flown during inclement weather. 12. Old worn flags shall be retired at owner s expense. 13. The unit owner(s) shall be responsible for all maintenance and repair regarding the bracket, flag pole, flag and the vertical molding where the bracket is secured. 14. The unit owner(s) shall ensure the bracket is removed and the area is restored to its original state upon removal of the flag pole and bracket, or upon sale of the unit if the incoming unit owner(s) do not intend to fly the United States Flag. 15. The board of directors reserves the right to remove any non-approved flag(s) that are installed on a common area. The owner(s) will be given thirty (30) days written notice to remove the flag. Any cost incurred by the board of directors to remove a flag will be the responsibility of the unit owner(s).! 13

14 16. The board of directors reserves the right to remove a flag, or flag pole mounting bracket in order to provide maintenance or repairs to that area around where the flag is attached Acknowledgment by Unit Owner I hereby acknowledge receipt of Sparkling River Condominium Association Board of Directors Adopted Notice pertaining to the display of the Flag of the United States and will abide by such guidelines. Unit Address: Signature of Unit Owner Date: SRBOD 6/16/2016! 14