TIMBER RUN CONDOMINIUM ASSOCIATION RULES AND REGULATIONS

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1 Rev.2/07 TIMBER RUN CONDOMINIUM ASSOCIATION RULES AND REGULATIONS SECTION DESCRIPTION PAGE NUMBER Overview 1 Vehicles 1 Vehicle Parking on Common Areas 2 Fires 3 Garbage and Other Refuse 3 Recreation 4 Pets 4 Noise 5 Cleanliness 7 Water and Plumbing 7 Signs, Improvements or Adornments 8 United States Flag 8 Walkways and Grounds 8 Condominium Exteriors 10 Windows and Doors 11 Air Conditioning Units 12 Process for Enforcement of Rules and Regulations 13

2 TIMBER RUN CONDOMINIUM ASSOCIATION RULES AND REGULATIONS Rev. 2/07

3 TIMBER RUN CONDOMINIUM ASSOCIATION WILMINGTON, DELAWARE Rev. 12/18/2007 CONDOMINIUM RULES AND REGULATIONS The Condominium Rules and Regulations shall apply to and be binding upon all present and future unit owners, mortgagees, lessees, and occupants of the Units and Common Elements and their agents, employees, invitees, and any other person or entity who or which may use the same (hereinafter referred to as "Unit Owners"). The Unit Owner shall at all times obey said Rules and Regulations and shall use their best efforts to see that they are faithfully observed by their families, guests, invitees, lessees and persons over whom they exercise control and supervision. The Condominium Council will address noncompliance with any rule or regulation. Said Rules and Regulations are as follows: 1. VEHICLES All Unit Owners on Thistle Court are assigned two (2) parking spaces, which are lettered. Mallow and Ridgeway do not have assigned spaces, but do have two (2) spaces in front of each unit. Unit Owners are also asked to supervise their guest's parking. "Free" spaces are available for this purpose. Ridgeway residents and guests should not park on the Valley Run Apartments side. (a) All parking regulations posted or promulgated by the Condominium Council from time to time for safety, comfort and convenience of the Unit Owners shall be strictly obeyed. (b) Screeching of tires and any form of reckless driving is prohibited to ensure the safety of Unit Owners, families and their property. (c) Vehicle repair or minimal small job maintenance projects shall be kept to a maximum time limit of three (3) hours. No vehicles shall be kept up on jacks overnight. Minor repairs of vehicles are permitted only on the Unit Owners' vehicles. All work is to be done in a safe manner so as not to endanger the safety of persons or property at any time.

4 Rev. 2/07 (d) Vehicle washing may be done in the assigned Unit Owner's parking space. Thistle Court Units #1-11 may be done in front of the Owner's Unit and must be properly parked when completed. All efforts must be made to conserve water, including the use of hoses with water cut-off nozzles. All condominium property must be left in good appearance when the vehicle washing has been completed. (e) Damage to parking lot surfaces and Condominium parking areas (fluids leaking from cars causing damage to paving) will be the responsibility of the Unit Owner for the cost of the repair and will be billed by the TRCA Association. (f) When parking on main road it is expected that all vehicles will park on the road and not on the grass. Any Unit Owner found abusing Condominium property will be asked to make his or her repairs in a special designated area, assigned by Council, and will also be held responsible for any costs incurred to repair the Condominium property which has been damaged by them. 2. VEHICLE PARKING ON COMMON AREAS (a) All residential vehicles must be sized to fit in normal Condomimium parking areas and will not be permitted to extend beyond the size of any Condominium parking area at any time. All Unit Owners vehicles must be legally licensed and berarf a current and v alid registration. New Castle County Residential Codes (Sec ). The parking of any vehicle or off highway vehicle whose length is greater than two hundred forty (240) inches or whose width is over eighty-four (84) inches or whose height is over eighty-four (84) inches or whose weight exceeds five thousand (5,000) pounds is prohibited. (b) Vehicle commercial advertising must be kept to a minimum and be done with professional results so as not to cause an eyesore for other Unit Owners. (c) Jeep type vehicles, vans and pick-up trucks will be permitted providing they are owned by a Unit Owner and are legally registered. All pick-up beds must be kept clean and free from loads at all times while on Condominium property. (d) All vehicles, including bicycles, may not be operated on lawn areas. 2

5 New Castle County Residential Codes (Section ). The parking of any vehicle or off highway vehicle other than on a surface treated and hardened to accommodate vehicles is prohibited. (e) Any unregistered vehicle, including but not limited to motorcycles, bicycles, big wheels, scooters, etc., should be parked within the fenced front patio of the Owner's Unit. New Castle County Residential Codes (Section ). The parking or storage of any inoperable or unregistered vehicle or off highway vehicle is prohibited unless fully enclosed in a building. (f) Motorcycles should be parked within the fenced front patio of the Owner's Unit whenever possible. If not possible, motorcycles must be parked in the Unit Owner s designated parking space. Any requests for exceptions must be presented to and approved by Council. (g) (h) (i) The parking of any vehicle not mentioned above is expressly prohibited on Condominium property. This prohibition includes, but is not limited to, mobile homes, travel trailers, utility trailers, mobile campers, boats, boat trailers, taxicabs, trucks greater than 3/4 ton and buses Automobiles and any other permitted vehicles shall be parked only within the painted lines of a designated parking area. No vehicle shall stop, park or stand along the side, or in the middle of any entrance or exit driveway, or within a parking area so as to impede or prevent ready access to and from any other vehicle or parking space. No inoperable or unregistered vehicle shall be parked within the condominium property for more than 48 hours. (j) No covered car can block the view, igress or egress to or from any unit. Please check with your row rep or any Council member to review your situation. The Condominium Council shall have the right to cause any vehicle not conforming with these regulations to be moved or towed away, as necessary, at the offending Unit Owners expense, and without liability for damage caused to the moved or towed vehicle. 3

6 3. GARBAGE AND OTHER REFUSE ALL garbage and other refuse shall be placed in tied plastic bags and kept out of sight in TIGHTLY COVERED, water-proof containers which shall be located within the enclosed front patio opening off of the kitchen of each Unit. Owner shall take all reasonable steps to prevent such containers and contents therein from emitting odors sufficient to reasonably annoy any adjacent Unit Owner. Please ensure that any items within the enclosed fenced area are properly marked for trash pickup. Special arrangements can be made for any large items to be taken away. Note: It is not permissible to make use of Valley Run dumpsters, since they are private property. Valley Run will prosecute violators. 4. RECREATION (a) Please keep in mind that condominium grounds are for the use of all residents. Extreme caution should be exercised in order to keep children safe. (b) Pre-school children are to be supervised at all times while on common property. (c) Children are not to be permitted to play in flower point beds, should not deface driveways, climb trees, write on rocks, patios, walkways or any common areas. (d) Toys, must be removed from the grounds at the end of each day and may be stored on rear patios provided such storage is orderly and the rear patio maintains a neat appearance. (e) Volleyball nets may be put up for parties, but must be taken down by end of the day. Tents, badminton, croquet, bocci balls, etc. are permissible but should be removed by the end of the day. Non-metal/plastic horseshoes are allowed. (f) Small pools are permitted on rear patios and do not need to be removed each night. (g) The installation of hot tubs must be approved by Council. Hot tubs are to be maintained by unit owner and covered and secured at all times when not in use. (h) Unit Owners are reminded that they are responsible for damage to common and personal property caused by their children or their guests. 4

7 5. PETS (i) Council specifically denies any liability for noncompliance to Section 5 parts (a), (b), (c), (d), (e) and (f). No activity shall take place on the grounds, which will cause unreasonable wear and tear to the grounds or damage the landscaping in any way. (a) All dogs, cats and other ambulatory animals should be on a leash or under direct control of the Owner at all times. The Unit Owner is responsible for cleaning up solid wastes as soon as they occur and for making sure the pet does not discharge on any plants or bushes. New Castle County Residential Codes (Section ). Every owner of or person responsible for one (1) or more dogs or cats shall take all reasonable measures to prevent accumulation of animal excreta in the area in which such animals are customarily kept. No such owner shall allow animal excreta to accumulate so as to create obnoxious or offensive odors. Any person who fails to correct a violation and order by the Office of Complaints or any person who opposes or impedes an officer or authorized agent or employee of the Office of complaints in the execution of his or her duties under this subsection shall be deemed to have violated this section. Any person who is the owner of or who has responsibility for one (1) or more dogs or cats shall immediately remove, in a sanitary manner, any fecal matter deposited by such dog or cat upon any street, sidewalk or park or upon any property without the consent of the owner or tenant of such property. It shall not be a violation of this subsection if such fecal matter is removed within one (1) hour. COUNCIL SHALL HAVE THE RIGHT TO REQUIRE THAT ANY HABITUALLY DISEASED, INFESTED, UNCLEAN OR NOISY ANIMAL SHALL BE REMOVED FROM THE CONDOMINIUM COMPLEX. (b) Animals may only be tied up outside on a temporary basis. (c) The feeding of all pets should take place in the Owner's unit. NO FEEDING OF ANY ANIMALS ON COMMON GROUNDS. (d) Any damage caused to Condominium property by a pet will be at the expense of the Owner of the pet and will be billed to that Unit Owner. 5

8 6. NOISE No Unit Owner shall make or permit any disturbing noises in or outside the Unit, nor shall they make or permit any actions that will interfere with the rights, comfort or convenience of other Unit Owners. No Unit Owner shall play upon, or allow to be played upon, any musical instrument, or operate or allow to be operated a phonograph, sound system, television, radio or sound amplifier in their Unit in such a manner as to disturb or annoy other occupants of the buildings. Operating or permitting the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, speaker or loudspeaker or other device for the production or reproduction of sound in such a manner as to cause a noise disturbance. New Castle County Residential Codes (Section 22.32).It shall be unlawful for any person to make, continue or cause by made or continued any noise disturbances in the county in any of the following manners: (a) Motor vehicles, horns and motor vehicle signaling devices. 1) It shall be unlawful for any person within any residential district to repair, rebuild, test race or gun motor vehicle between the hours of 9:00 p.m. and 8:00 a.m. of the following day in such manner that would create a noise disturbance. (b) Radios, television sets, stereos and similar devices. (c) Animals. 1) Owning, possessing, harboring or controlling any animal or bird which causes a noise disturbance by barking, baying, crying, squawking or by making any other noise continuously or incessantly for a period of ten minutes or which makes such noises intermittently for one-half hour or more. 6

9 (d) Loading Operations. Rev. 2/07 1) Loading, unloading, opening or otherwise handling boxes, crates, containers or other similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day, in such manner as to create a noise disturbance within a residential district, except during an emergency. (e) Construction Noise. 1) Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto in the following manner Between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays and between 10:00 p.m. on Friday and Saturday and 9:00 a.m. on Saturday and Sunday mornings or between 10:00 p.m. the day before and 9:00 a.m. the day of a legal holiday which creates a noise disturbance, except as provided in this section. (f) Yelling, shouting, hooting, whistling. 1) Yelling, shouting, hooting, whistling or generally creating a racket on public streets between hours of 10:00 p.m. and 7:00 a.m. the following day so as to be plainly audible at the nearest property line or to a bystander or create a noise disturbance. (g) Power Equipment 7. CLEANLINESS/EXTERMINATING (a) All Unit Owners shall be responsible for the cleanliness of their respective Unit and immediate common area around their Unit. The cost of exterminating any rodent or insect infestation as a result of the uncleanliness of any Unit shall be charged to the Unit Owner. (b) Exterminator Fees for outside area are covered by your monthly condominium fee. However, should you require an exterminator for any problems inside your Unit and would like the name and number of the exterminator providing contractual 7

10 services for the outside grounds, please contact the Grounds Representative. 8. WATER AND PLUMBING (a) Use of water for shrubs and lawn care shall be subject to regulations and limitations as promulgated by Council from time to time. (b) Any exterior repairs necessitated by the misuse of such interior facilities shall be charged to the offending Unit Owner. (c) From time to time it may be necessary for Council to gain access to a unit in order to address an issue with the water usage. It is expected that all Unit Owners will cooperate. (d) There is a single water supply and exterior shut off valve for each row. Most three levels have an interior shut off valve for that Unit's water supply. For location of these valves, please contact your row representative. (e) (f) If there is an issue regarding water usage, please contact your row representative. It is the responsibility of any Unit Owner whose unit is equippeda with an outside faucet to ensure that the faucet is turned off and drained and all garden hoses detached from the first frost through which time outside temperatures are consistently above freezing. (g) If repairs or upgrading is required for your Unit, you need to advise all your neighbors in your row, since shut-off effects the whole row. 9. SIGNS, IMPROVEMENTS OR ADORNMENTS (a) No signs, lamp posts, fences, birdbaths or other improvements and adornments shall be erected or placed upon the lands of the complex except pursuant to the Council's permission. No existing fences or enclosures, walks or curbs shall be printed, written, or drawn upon, used to mount a sign, removed, marked or otherwise defaced. (b) Holiday decorations are acceptable but should be taken down in a timely manner. (c) A Real Estate "For Sale" sign is permitted in an upper window of the unit, however, not on the grounds. NO political or vendor advertising signs of any type are permitted. 10. UNITED STATES FLAG 8

11 Pursuant to House bill 274, signed on July 9, 1995, all Condominium Owners have the right to fly the nation's flag (maximum flag size is 3 feet by 5 feet). Please be aware of the condition of the flag that you are flying. 11. WALKWAYS AND GROUNDS The Council's maintenance responsibilities for grounds and walkways shall, unless expanded by vote of the Unit Owners, be confined to grass cutting, snow removal and pavement repair. Watering, pruning, trimming, edging, raking and litter pick-up around each Unit shall, to the extent not included in any service contract, be the responsibility of the respective Unit Owners and Occupants. However, no Unit Owner shall till, seed, plant, cultivate, roll, cut, trim, edge, water, fertilize or otherwise treat the land or plantings thereon and/or cause or permit same be done, except in accordance with the instructions issued by Council. In the absence of applicable instructions, please seek the permission of Council. (a) WALKWAYS (1) No Unit Owner shall cause or permit any walkways to be salted with rock salt or other corrosive salts (you may use a non-corrosive salt). At the beginning of the Winter season, Council will advise each Unit Owner of the location of non-corrosive salt which can be used for their walkways. This would normally be kept in the shed located along side of #12 Thistle Court. (2) No Unit Owner shall cause or permit any walkways to be obstructed or used other than for ingress or egress, except as may be otherwise permitted or directed by instructions from Council. (3) Walkways are expected to be kept clear and clean. Any maintenance issues should be brought to the attention of your row representative. (b) GROUNDS (1) Lawn chairs, tables, barbecues, game equipment, toys and other such items shall be removed from the grounds when not in use unless otherwise permitted in writing by Council. No nonenclosed common areas shall be used for the storage of bicycles, sleds, baby carriages, playpens, ladders, tools, toys or other articles of whatever nature without the consent of all Unit Owners from which such items and articles can be seen and without the written permission of Council. Lawn 9

12 furniture may be used on balconies or patios in season and properly stored on patio during the off season. (2) All plantings within a front enclosure must be within a container and properly maintained. Any deviation from this should be presented to Council for approval. (3) Vehicles are not permitted on grounds. It is understood that a special delivery may need to be made and Council would need to approve. Any damages that are sustained to Condominium property will be the responsibility and at the Unit Owner's expense. (c) PLANTING BY INDIVIDUAL UNIT OWNERS This rule is promulgated in the spirit of improving the appearance of the common areas by encouraging planting by individual Unit Owners. However, prior to planting any new tree, bush or shrub or removing any existing tree, bush or shrub, other than provided in Sections (1) and (2) below, please seek the advice of the Council. Plants, bushes, shrubs or trees may not be left in containers on common grounds or in rear of front gardens. Such plants may be put into decorative pots and placed on rear patios, rear balconies or within front enclosures. Planting may not infringe on parking areas, walkways or other common aspects. If such infringement occurs, Council at its discretion may remove or have the offending items removed at the Unit Owner s expense. (1) Rear of Units. Planting by individual Unit Owners is permitted within five (5) feet of the rear patio of the Owner s Unit and to the property line of adjacent Units. Owners of end Units may also plant within ten (10) feet of the open side of the rear patio. The planting permitted in the above-described areas is limited to the following: grass, bushes and flowers (not vegetables). Please seek the advice of Council before planting trees. (2) Front of Units. Planting by individual Unit Owners is encouraged in the existing bed in the front of each Unit Owner's fenced patio and along either side of the Unit Owner's entrance walk. Planting in the areas described in this subparagraph is limited to the following: grass, bushes, flowers, (not vegetables). Please seek the advice of Council before planting trees. (3) Maintenance. It shall be the Unit Owner's responsibility to maintain (weed, trim, fertilize, water, etc.) all existing and newly added planting to the individual Unit Owner's flowerbeds. 10

13 (4) Damage. Any damage caused to common areas as a result of planting in accordance herewith, including without limitation, damage to fences, sidewalks and patios, shall be repaired at the expense of the individual Unit Owner whose bush, tree, shrub and/or negligence, etc. caused the damage. (5) Non-conforming Plans for Planting. Nothing herein prohibits or is intended to discourage Unit Owners from submitting to the Council for consideration, plans for planting, which do not conform to these aforementioned instructions for common property. 12. CONDOMINIUM EXTERIORS (a) No Unit Owner shall cause or permit any sign to be displayed on or from, or any rug, laundry, aerial, fan, air conditioner, wire or other objects to hang or protrude from any window, door, patio or balcony. (b) All Unit Owners are required to maintain drapes, blinds or shades in all windows or doors. All drapes, blinds or shades shall be WHITE, OFF-WHITE, LIGHT SOLID PASTEL or NEUTRAL in color, and/or lined in same. The intent of this rule is for uniformity in exterior appearance. (c) No awnings, window guards, etc. (temporary or permanent) or any other window or door covering shall be used or installed on the exterior of any window or door. (d) The foregoing shall not prohibit the display of customary holiday decorations subject to the limitations on type, manner of display and duration as the Council may from time to time fix and determine. (e) No rugs shall be beaten on patios, balconies or outdoor living areas, nor shall dust, rubbish or litter be shaken, swept or thrown from any window or any other common area except an enclosed limited common area. (f) (g) No bicycles, tires, tools, ladders or any other item shall be stored or left on any balcony or non-enclosed patio, except outdoor tables and chairs, which may remain set upon such balconies and non-enclosed patios. (Please refer to Section 12(B), Walkways and Grounds). No items are to be attached to roof or siding of any Unit. (g) New Castle County Residential Codes (Section ). The open storage of items designed and manufactured to be used and stored in an enclosed building is prohibited. Such items include, but are not limited to, the 11

14 following: appliances or furniture, irrespective of age or condition. 13. WINDOWS AND DOORS COUNCIL MUST APPROVE PRIOR TO INSTALLATION, NEW AND/OR REPLACEMENT EQUIPMENT (WINDOWS AND/OR DOORS), IN WRITING. Such approval may be based upon photographs and descriptions provided by the Unit Owner and/or manufacturers samples and descriptions. The following descriptions are provided to give you guidance in your initial conversation with an installer. (a) Bedroom Level Windows (STORM). These window areas must be improved using a storm window that is mounted on the inside of the Unit. The storm window must not alter the outside structure or the appearance of the window as it now exists in any way. The new interior window framing should not be wider than 1 3/4". The new center post of the window must be immediately in line with the existing post so it cannot be seen from the outside. New glass must be of the same size as the existing window and may not be broken into smaller panes or partitions on either side of the center posts. (b) Bedroom Level Replacement Windows: window frames must be either aluminum or white in color. The color of the window frame and border shall be white. The window glass shall be clear without any coloration. The window shall be a two (2) sectional, horizontal slider with an overlapping middle frame section. The outermost from the edge of the replacement shall be flush with the outside wood fascia. The window measurements must conform to the following: Total width of the visible border including window frame shall not be less than 1 3/4" and not exceed 3 3/4" (Refer to Figure 1 - Dimension A) Total width of the middle frame section overlay shall not be less than 1 1/4" and not exceed 2 1/4" (Refer to Figure 1 - Dimension B) (c) Kitchen, Living Room and Family Room Windows/Sliders. New equipment must appear substantially the same as the equipment being replaced. The window/sliders must be 12

15 constructed and installed in substantially the same manner as the existing equipment. Changes to "Windows/Sliders and Doors", page 6, Section 14(b). Unit Owners may now update with Andersen French Glider. It is a 4-paneled sliding door. Optional exterior locks may be used. Approval by Council is necessary before installation to ensure all is followed. (d) (e) Front Storm Doors. New doors must appear substantially the same as the doors being replaced. The door must be constructed and installed in substantially the same manner. Currently there are two approved styles throughout the complex, a full glass door, or a half glass, half door. DOORS MUST BE WHITE IN COLOR. DOORS ARE REQUIRED TO BE APPROVED BY COUNCIL. Front Doors. New doors must appear substantially the same as the doors being replaced. The door must be constructed and installed in substantially the same manner. Currentlyu there are two approved styles throughout the complex, a solid panel or a six-panel door. Doors must be painted the approved color and approved by Council. 14. AIR CONDITIONING UNITS Condenser shall be approximately square in shape with a maximum height of 45 inches. Color shall be light grey. Exterior air-conditioners must be installed on a fiberglass pad. Concrete is not permitted. Unit and installation shall conform to all current codes. Each and every homeowner shall present a picture and spec sheet of unit to Council before installation for approval. Homeowner must also include a landscaping plan for planting bushes between the air conditioner and line of sight from the street. Your next-door neighbors must also be consulted in regard to the landscaping plan before approval is given. Upon approval, a $50.00 deposit must be established with the Treasurer. Upon completion of the landscaping, the deposit will be returned. If landscaping is not completed as originally agreed, then the Unit Owner will forfeit the deposit and the association will use the deposit to complete the landscaping. Any costs associated with removing existing thru-the-wall unit shall be borne by the Unit Owner. 13

16 Persons doing any work should keep in mind that utility wires run underground behind the units and that "Miss Utility" will have to be notified. 15. Process for Enforcement of Rules and Regulations. Upon notice to Council of violation of the Timber Run Condominium Rules and Regulations, Council will take the following actions: (a) Initiate contact with involved Unit Owners either verbally or in writing advising of situation in question. (b) Unit Owners will be advised of the opportunity to discuss with council, if desired. (c) Unit Owners will be advised of requirements to be met in order to correct the situation on the first contact from Council (letter (a) above) and/or subsequent to discussion with Council (letter (b) above). Council will advise as to the time frame in which the situation must be corrected. It should be noted that further action will be taken in the event a unit owner(s) does not comply with the Council s request to rectify a situation that is in violation. We all live in this community. Let s do our best to abide by the Rules and Regulations that are established to make it an enjoyable and safe place to live. 14

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