RULES AND REGULATIONS OF THE RETREAT AT GREENBRIER CONDOMINIUM ASSOCIATION

Transcription

1 RULES AND REGULATIONS OF THE RETREAT AT GREENBRIER CONDOMINIUM ASSOCIATION (It has been suggested that the Rules and Regulations be dated as of the date of approval by the Board of Directors (June 1, 2014) for any change to that document. It is also suggested that once all changes have been approved that a new Rules and Regulations document be produced to include all of the exhibits and attachments, and a corrected Table of Contents be produced that is numbered to reflect the changes, so that a clean copy can be furnished to home buyers as well as residents.) The following Rules and Regulations have been adopted by the Board of Directors of The Retreat at Greenbrier Condominium Association pursuant to Article III.C(f) of the Bylaws which are attached as an exhibit to the Declaration of Condominium of The Retreat at Greenbrier Condominiums recorded or to be recorded in Clerks Office of the Circuit Court for the City of Chesapeake, Virginia (the "Clerk's Office) (hereinafter referred to as the "Declaration"). TECHNICAL CORRECTION #1. In opening paragraph of document, line 2, Article III C(f), should be restated to read: Article III C. Section 1. (f). GENERAL POLICY. These Rules and Regulations are established pursuant to the Bylaws in order to promote enjoyment of the condominium by the residents and to promote the value of homes in the condominium. The quality of the condominium lifestyle depends on group effort and cooperation. Courtesy and an awareness of the sensibilities of others are of paramount importance. As residents you are expected to exercise appropriate restraint, moderation, tolerance and consideration in your conduct and living habits since they may affect your neighbors. Likewise, you should expect reciprocal consideration from your neighbors. Therefore, please observe the well-known Golden Rule; that is, be as considerate of your neighbors as you would like them to be considerate of you. The Declaration of Condominium for The Retreat at Greenbrier Condominiums and the Bylaws for The Retreat at Greenbrier Condominium Association contain restrictions relating to the ownership of Units and occupancy by residents at The Retreat at Greenbrier Condominiums. The following Rules and Regulations serve to supplement those restrictions and are not intended to modify or limit them. It is suggested that you keep the Declaration, Bylaws, these Rules and Regulations as well as other communications from the Association in a convenient location for future reference. For purposes of these Rules and Regulations, any capitalized terms defined herein shall have the meaning ascribed to such terms in the Declaration. II. ENFORCEMENT. Enforcement of the covenants and restrictions contained in the Condominium Instruments and these Rules and Regulations is addressed in Section XIV. If any violation has not been remedied ten (10) days after written notice to the Owner requesting that a violation cease and desist, the Association may suspend temporarily the use of the Common Elements, including the recreational facilities, and/or levy a fine of up to ten dollars ($10.00) per day for a continuing violation or $50.00 per violation for any one (1) violation. However, 1

2 without any additional notice, any vehicles found to be in violation of Section IX of these Rules and Regulations shall be subject to immediate removal from the property at the owner's expense. Additional legal action may be brought against the violator at the discretion of the Association. TECHNICAL CORRECTION #2. In Article II, Enforcement, eight lines down, the Section referenced is incorrect. It should read: Section X of these Rules and Regulations. ENFORCEMENT OF THE RULES AND REGULATIONS IS UNDER THE DIRECT SUPERVISION OF THE RETREAT AT GREENBR1ER CONDOMINIUMS MANAGEMENT IN ACCORDANCE WITH POLICIES ADOPTED BY THE BOARD OF DIRECTORS AND WITH THE CONDOMINIUM INSTRUMENTS. The above should be restated as ENFORCEMENT OF THE RULES AND REGULATIONS IS UNDER THE DIRECT SUPERVISION OF THE RETREAT AT GREENBRIER CONDOMINIUMS BOARD OF DIRECTORS IN ACCORDANCE WITH THE CONDOMINIUM INSTRUMENTS. III. RESIDENTIAL USE A. Business Activities. 1. Unit Owner or Occupant residing in a Unit may conduct ancillary business activities within the Unit so long as: existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside of the Unit; (i) the business activity does not involve visitation of the Unit by employees, clients, customers, suppliers or other business invitees in greater volume than would normally be expected for guest visitation to a residential Unit without business activity; (ii) the business activity is legal, conforms to all zoning requirements for the Condominium and complies with all applicable laws, including local ordinances; (iii) the business activity does not unreasonably increase traffic in the Condominium in excess of what would normally be expected for residential Units in the Condominium without business activity (other than by a reasonable number of deliveries by couriers, express mail carriers, parcel delivery services and other such similar delivery services); (iv) the business activity does not increase the insurance premium paid by the Unit Owners Association or otherwise negatively affect the Unit Owners Association's ability to obtain insurance coverage; (v) the business activity is consistent with the residential character of the Condominium and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Condominium, as determined in the Board of Directors' discretion; and (vi) the business activity does not result in a materially greater use of common element facilities or Unit Owners Association services. 2

3 2. The terms "business" and "trade," as used herein, shall have their ordinary, generally accepted meanings, 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: (i) such activity is engaged in full or parttime; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefore. Notwithstanding the above, the use of a Unit by an on-site management agent operating on behalf of the Unit Owners Association shall not be considered a trade or business within the meaning of this Paragraph. Recommend a form be created for all residents who intend to conduct any business within their Unit. It should state the nature of the business and their intended compliance with existing rules governing the conduct of business in the Unit. This form also would be given to the Unit owner prior to closing for completion and then forwarded to the Board of Directors for review to ensure that all applicable rules are understood, and to ascertain if the nature of the business increases the Homeowner s Association Insurance costs. This requirement would also apply to leases. IV. GROUNDS CARE AND AESTHETICS (Revisions approved September 18, 2012) A. Alteration of Grounds, Structures, and Landscaping 1. Improvements and alterations of any nature are governed by Article X, Section 2, as found in the Second Amended and Restated Declaration. 2. Any addition, modification or alteration to the face of the buildings, inclusive of patio areas, which requires attachments of any kind, shall be submitted in writing by the Owner to the Architectural Control Committee (ACC) and approved by that committee in writing prior to installation. 3. Owners wishing to make any type of addition, modification or alteration to the face of their residence, inclusive of patio/porch area, or any other exterior alteration, addition, fence, wall, patio, or deck must submit a detailed written request to the ACC and are prohibited from making any such addition, modification, or alteration without the pre-approval of the ACC. 4. Nothing may be hung or displayed, nor any signs, canopies, shutters or any other device or ornament affixed to or placed upon the exterior walls, doors, fences or roof without the pre-approval of the ACC. 5. The Retreat at Greenbrier Association may upon notice to the Owner, and upon the decision of due process, remove unauthorized additions, modifications, or alterations at the Owners expense. 6. The exterior of the Condominium Units and all other exterior areas including, but 3

4 not limited to, patio/porch, ceilings, or doors, shall not be painted, decorated, modified or altered in any manner without the pre-approval of the ACC with the Board of Directors affirmation. B. Damage to Limited Common Elements and/or Common Elements C. Windows 1. Any damage to Limited Common Elements and/or the Common Elements including, but not limited to, patios, building interiors, doors, sidewalks, curbs, shrubs, and grass, caused by the Owner, renter, guests of the Owner, or others hired by the Owner or renter, are the sole responsibility of the Owner. 2. To ensure that proper installation procedures are followed, Owners should employ only licensed contractors and must coordinate with the Property Management Company when scheduling any electrical or plumbing work that could impact the Limited Common Elements and /or the Common Elements. 1. To ensure a uniform attractive external appearance to the building, all window treatments must show an exterior (that is, the side facing outward) color that is either white or off-white. (If other colors are used, they must be backed with a white or offwhite lining so that the lining shows to the outside rather than the colored or decorative side). RESTATED TO ENSURE A UNIFORM EXTERNAL APPEARANCE TO THE BUILDING, ALL WINDOW TREATMENTS IN FINISHED AREAS MUST SHOW AN EXTERIOR (THAT IS, SIDE FACING OUTWARD) COLOR THAT IS EITHER WHITE OR OFF-WHITE. If other colors are used, they must be backed with a white or off-white lining so that the lining shows to the exterior of the unit. This also applies to garages with windows viewed from the street. Garage doors that have a panel with windows need not be covered. Also, suggest that the attic windows have a black fabric installed in those windows. Typically, the builder has installed the black fabric as the resident cannot do this on his own. 2. Bed sheets, plastic, newspapers, aluminum foil, cardboard, plywood and other such materials are prohibited except for limited temporary use following a casualty to a unit. 3. Window treatments installed in windows and doors of a unit must be maintained in good condition. 4. Window treatments may be inclusive of, but not necessarily limited to the following: Valance, Valence and Side Panels, Café Curtains, blinds, shades, Plantation Shutters. 4

5 D. Storm Doors 1. Storm Doors may be installed at the Owner s expense, using only pre-approved design and color. Specific information about the approved doors must be obtained from the ACC prior the scheduling installation. 2. Owners must inform the ACC of their decision to install a storm door using the required authorization form. 3. Owners shall notify the ACC upon installation of the door for the ACC to visually verify that the door is in compliance with all requirements. E. Patios/Porches 1. Owners shall maintain patios/porches in a clean, neat and orderly condition and appearance. 2. Towels, bathing suits, car covers, rugs, blankets or other items shall not be draped over Limited Common Element patio/porch furniture, nor left on any of the Common Elements. 3. Mops, brooms are prohibited from storage on porch and patio areas. F. Allowable/Permitted Decorative Items Although it is not the intent of the Board of Directors to determine the definition of personal taste, the right is reserved to not approve such items that may be viewed as obscene or offensive to any person or group. All items must be maintained in good condition at all times. 1. Items that require pre-approval by the ACC. a. Statue/Statuette/ Fountain - One of these decorations per porch, and one per patio, not to exceed 36 inches in height and 18 inches in diameter. Dimensions include any pedestal that the item may be placed on. b. Ornamental Rock and Stones- Only for erosion control purposes as a result of poor drainage or standing water from rain runoff. c. Ground/Landscape Lights Only for safety and access purposes. d. Freestanding Hose - Container or Reel e. Items attached to existing fence, window or building using a non-penetrating hanging device. 5

6 2. Items that do not require pre-approval. a. Door Decorations- Seasonal wreaths, placards allowed on front and/or back door of Unit. b. Free-standing patio porch swing/glider. c. Patio Furniture/Table Umbrella- Umbrella shall be of a solid or stripe neutral color only, and must be closed when not in use. d. Potted plants, free-standing plant stands not to exceed 48 inches in height. e. Emergency Medical Alert, Security Alarm window decals, Security Alarm signs (displayed in front, side or rear of residence, as appropriate). Place a period after decals and see VI, SIGNS, regarding removal of all outside security alarm signs. f. Decorative Flag- One small garden-type flag permitted per Unit in flowerbed area only not to exceed 13 x 18. G..Decorative Items Not Permitted 1. Birdbaths, Animal/Wildlife feeders, (tree-hanging, or freestanding, birdseed, suet holders, hummingbird, and/or squirrel feeders). 2. Hanging baskets- hung via hooks or screws placed into exterior of the building, including brackets attached to exterior surfaces for purposes of hanging a basket. 3. Garden hose hangers mounted/installed on the exterior of the building. 4. Items on window ledges visible from the street. 5. Ornaments for yard, flowerbed, or lawn. 6. Yard signs. Yard signs are not permitted, we should have all security signage displayed on windows with decals. (See Article VI. SIGNS.) 7. Artificial flowers. Restated as follows: Artificial flowers, except for seasonal arrangements. 8. Children s swing sets, and children s play toys/equipment 6

7 9. Basketball goals. 10. Stepping Stones 11. Laundry Pole/Clothesline/Rack clotheslines or other outside facilities for drying or airing clothing on porches, patios, or any Common Element are strictly prohibited. 12. Fire pits 13. Mailbox covers H. Holiday Decorations 1. Christmas lights and decorations are permitted to be placed in the Limited Common Elements and/or on building exteriors provided the decorations do not damage the Limited Common Elements, buildings, gutters or siding. 2. Christmas decorations may not be displayed before Thanksgiving Day and must be removed by no later than January 15 th of the following year. 3. Other holiday decorations are permitted under the same guidelines and may not be displayed more than one week before or one week after the respective holiday. 4. A cross, mezuzah, or similar religious symbol not larger that three (3) inches in width and nine (9) inches in height may be placed on the doorframe of a residence. I. The American Flag 1. Owners may display only one (1) American flag per residence, provided it is mounted in a bracket. 2. Freestanding flagpoles are prohibited. 3. Owners must obtain pre-approval of the ACC for the location they select to display their flag. 4. The American Flag, when flown, shall be displayed in accordance with the U.S. Flag Code (4 US Code 1). 5. Lighting to display the American Flag between sunset and sunrise must be in accordance with the U.S. Flag code and requires pre- approval by the ACC. 6. On Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day portable, removable official flags of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard are permitted to be displayed in a 7

8 respectful manner, and must be removed by the end of the following day. Section I is rewritten and renumbered as follows: 1. Owners may display only (1) American flag per residence in accordance with preapproval of the ACC for the location of the flag bracket. 2. Freestanding flagpoles are prohibited. 3. The American Flag, when flown, shall be displayed in accordance with the US Flag Code (4 US Code 1). 4. On Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day portable, removable official flags of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard are permitted to be displayed in a respectful manner, and must be removed by the end of the following day. 5. Lighting to display the American Flag between sunset and sunrise must be in accordance with the U.S. Flag code and requires pre- approval by the ACC. J. Landscaping 1. Annual flowers or plants may be planted by the residents only in existing flowerbeds. 2. Maintenance of the flowers and plants is the responsibility of the resident. Dead plants/flowers are to be removed by the resident at the end of the season. 3. Annuals or plants which are not maintained during the growing season will, at the direction of the Board of Directors, be removed at the cost of the Owner. 4. Only flowers and plants which do not exceed the height of the window ledge are permitted, unless otherwise approved by the ACC. 5. Any planting outside of the patio area on the Common Elements must be pre-approved by the ACC. 6. Additional landscape plants which may be considered will be of a species already in use at the Retreat and must be pre-approved by the ACC. 7. Any new planting beds must be mulched by the resident with matching mulch. 8. New plants will become the property of the Association which will provide future mulching, pruning, and fertilization. However, if the plant should die, the resident will be responsible for replacement. 9. Any new planting outside of the existing planting beds is prohibited except as provided in the requirements of this section. Item 9 should be removed in its entirety, as all other items in this section state the requirements, and item 9 is redundant. 8

9 10. Removal of and/or the replacement of plants, shrubs in existing flowerbeds must be pre-approved by the ACC. K. Fences Owners are not permitted to construct any fence to enclose a patio or delineate any portion of the Common Element or Limited Common Element without prior written approval of the Board of Directors. L. Littering/Garbage 1. Trash, litter and cigarette butts shall not be discarded on the walkways, parking areas, patios, porches, or any other Common Element, or Limited Common Element. 2. Refuse and garbage are to be bagged in sealed garbage bags and placed in the plastic trashcans provided to each Unit. The plastic trashcans are to be placed outside the Unit at he time and on the designated trash collection day. M. Storage Item 2 should be removed as it is already enumerated in the Rules and Regulations, Article V. Safety, Sanitation and Residents, Section E. (as revised in the recommendation). All personal property, such as lawn chairs, toys, bicycles, tables, etc., must be kept inside the garage. N. Bulletin Boards 1. Bulletin Board, as approved, defined and directed by the Board of Directors (open, glass enclosed, electronic, etc.), may be placed upon the Common Elements by the Association primarily for the purposes of providing the residents with general information about activities at the Retreat. 2. The bulletin board may be used by residents to post personal information (moving sales, home maintenance services, etc.); however, the personal use of the bulletin board should be limited and courteous. 3. Personal notices should not be posted or otherwise placed over or obstruct other notices. 4. Personal notices should be of short duration (maximum of 1 week), to not exceed 3 x 5, and be removed promptly after an event. 9

10 5. Personal notices are prohibited from being placed anywhere other than a bulletin board. O. Satellite Dishes The Satellite Dish Rules and Regulations are attached as Exhibit A and are incorporated within the Retreat Rules and Regulations by this reference. P. Abandoned Personal Property 1. Personal property shall not be kept or allowed to remain for more than twentyfour (24) hours upon any portion of the Common Elements, other than on Limited Common Element, without prior written approval of the Board of Directors. Under Section P. Item 1. should be restated as Personal property shall not be kept or allowed to remain for more than twenty-four hours upon any portion of the Common elements. 2. If the Board of Directors determines that a violation exists, then not less than two (2) days after written notice is placed on the personal property, and/or on the front door of the property owner s Unit, if known, the Board of Directors may remove and either discard or store the personal property in a location which the Board of Directors may determine, at the sole expense of any Unit Owner to whom it is determined such personal property belongs. 3. The Board of Directors shall have no obligation to return, replace, or reimburse the owner of the property. 4. The notice shall include the name and telephone number of the person or entity that will remove the property, and the name of the person to contact regarding the alleged violation. 5. Neither the Association nor any officer or agent thereof shall be liable to any person for any claim of damage resulting from the removal activity in accordance herewith. 6. The Board of Directors many elect to impose fines or use available remedies under due process, rather than exercise its authority to the remove property. Items 2 through 6 are now deleted as a new Due Process Resolution is in effect that makes Items 2 through 6 redundant. Q. Safety Systems The Association, Unit Owners, Occupants and guests shall not tamper with or disengage any portion of the life safety systems that serve the Condominium, and all fire control devices (such as smoke detectors, etc), regardless of whether such items are located within boundaries of a Unit. 10

11 R. Outbuildings No structure, including without limitation, trailer, tent, shack, carport, garage, barn or other outbuilding shall be erected by any Unit Owner or Occupant, on any portion of an Owner s Unit, Common Element or Limited Common Element at any time, either temporarily or permanently, without pre-approval of the ACC. V. SAFETY, SANITATION AND RESIDENTS. A. Children's Play. Children on bicycles must wear protective helmets as required by the laws of the City of Chesapeake, Virginia. B. Common Elements. Residents shall not obstruct the Common Elements, including but not limited to, the sidewalks or lawn areas with equipment, furnishings, bicycles, toys, wood, grills, boxes or other objects and shall use these areas for the purpose of free access and usage intended by design. C. Grills. Grills may be used only in accordance with federal, state and local ordinances, including, but not limited to, fire protection and prevention codes as established and/or enforced by the Commonwealth of Virginia, City of Chesapeake, Virginia or other appropriate governmental jurisdiction. Gas or charcoal grills may only be used in Units with patios. Units without patios may use electric grills which are to be stored away immediately after use. No cooking on grills is permitted on any part of the Common Elements unless such grills have been placed upon the Common Elements by the Association. Gas gills provided by the Association must be operated by adult residents only and must be cleaned up immediately after use. Section (C) provides for gas grill or charcoal grill use only in Units with patios. Suggestion is that the driveway, a Limited Common Element, be included in the usage parameters, as long as the grill is returned to the garage when cool. Grill must not be left on the driveway. This would allow those without patios to enjoy the same benefits as those with patios. No grill shall be used inside in any Unit, including the garage. D. Firearms and Fireworks. The use of firearms and fireworks upon the Common Elements is strictly prohibited. E. Trash. Trash collection regulations require the trash containers not be set out prior to 5:00 p.m. the day preceding collection and the containers must be picked up and put away by 9:00 p.m. the day of collection. Only trash containers with lids are permitted for trash disposal. Unless back door pick-up is available, all trash for collection must be set out at the main street, next to the curb at the end of the driveway. Trash containers, when not set out for collection, must be kept inside the garage. Residents will be responsible for clean-up of trash spillage from the containers. 11

12 Section (E). It is suggested that this section include a statement that only trash containers with lids, provided through the servicing company, be permitted for trash disposal, and that all paper trash be bagged to prevent blowing. Also since we have no back door trash pickup, the first part of the next paragraph can be removed and that paragraph can begin with the phrase All trash for collection must be set out, etc. F. Speed Limit. The speed limit throughout the Condominium is fourteen miles per hour (14 mph). Drivers must come to a complete stop at all posted stop signs. Drivers should yield to pedestrians. Section (F). It is suggested that the speed limit be changed to 20 mph. This is more compatible with current Chesapeake and state laws for speeds in residential areas. Although the speed limit is unenforceable, it should also be consistent with the requirement that all speed limits must be in increments of 5mph. On any street that is not a through street it is suggested that a sign be posted stating No Outlet, which may reduce unnecessary traffic down that street. G. Roommates. All roommates or guests of any Owner or resident are subject to the Declaration, Bylaws and Rules and Regulations of the Association and any party entitled to occupancy of a Unit shall be responsible for the actions of such roommates and/or guests. H. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including, but not limited to the assembly and disassembly of motor vehicles and other mechanical devises, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Condominium. Clothing, bedding, rugs, mops, appliances, indoor furniture, and other household items shall not be placed or stored outside the Unit. Section (H). It is suggested that the first sentence be replaced with the following: The assembly and disassembly of motor vehicles and other mechanical devices (spelling correction), which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Condominium, other than in the garage. Also, it is suggested that the last sentence be modified to state No personal items shall be stored outside the Unit. VI. SIGNS. Except for signs which may be erected by Declarant related to the development and sale of Units, no signs, advertising posters, flyers political placards or billboards of any kind shall be erected, placed or permitted to remain on the Condominium without the prior written consent of the Board of Directors. Nothing may be hung or displayed from inside the windows except professionally prepared "For Sale" and "For Rent" signs or security system decals, except that one (I) professional security sign not to exceed six inches 12

13 VII. POOL. (6") by six inches (6") in size may be displayed from within a Unit, and one (1) professionally lettered "For Rent" or "For Sale" sign not to exceed two feet (2') by two feet (2') in size may be displayed from within a Unit being offered for sale or for lease. No real estate signs are permitted upon the Common Elements. The Board of Directors shall have the right to erect reasonable and appropriate signs on behalf of the Association. Current Rules state that security decals may be displayed from within the unit, and one (1) professional security sign not to exceed 6 by 6 may be displayed from within the Unit. Accordingly, it is suggested that the Board enforce that rule and all professional outside security signs be taken down, along with the signs that proclaim the residence is a private residence. It would reduce clutter, not identify those who do not have security, and take the same approach for those who do not have private residence signs. In addition, by adding the language from Article IV, F, Section 2 (e), to this section in Article VI, i.e., Emergency Medical Alert decals, you can eliminate section 2 (e). This will help to remove redundant language. Please see The Retreat at Greenbrier Condominiums Pool Rules and Regulations, attached hereto as Exhibit "B" and Pool Schedule, attached hereto as Exhibit "B-1" and incorporated herein by this reference, for pool rules and hours, which are adopted by the Board and distributed annually. Since the Pool is defined as one of the Recreational Areas, it is suggested that this Article VII be removed, and notation made in VIII, that the Pool and surrounding area rules are found in Attachment B to this document. VIII. RECREATIONAL AREAS. A. Individual's Responsibility. The clubhouse and pool area (hereinafter referred to as the "Recreational Areas") upon the Common Elements shall be for the exclusive use of residents and their guests. Guests are to be accompanied by the resident except when such guests are staying with the resident. Please respect the rights of other residents in the number of guests you invite to the Recreational Areas. Section (A). These areas are defined as the Pool, surrounding area, and the Clubhouse. It is suggested that the phrase except when such guests are staying with the resident be stricken out. It does not differentiate for children of any age. Further, it does allow guests to use the Recreational areas without a resident if they are staying with the resident. It is suggested that the Board rethink the policy of allowing guests, even adult guests, to use the Clubhouse or the Pool without a resident being present. The implication is that the resident has given their security code to the guests for entry into the Clubhouse, which is prohibited under the Pool Rules. Since all guests can get into the Clubhouse through the bathrooms, a resident should be present at all times. In the current Clubhouse rules this is so stated that the resident must be present at all times. 13

14 IX. PETS. B. Pets. Pets are not permitted on the Recreational Areas. C. Containers. No glass bottles, glass containers or other breakable containers may be brought onto the Recreational Areas. All beverages must be in non-glass containers. D. Personal Property. When leaving the Recreational Areas, residents and guests must remove all of their personal property, trash and litter. No personal property is to be left unattended on the Recreational Areas. The Association is not responsible for any articles left on the Recreational Areas. E. Hours of Operation. The Recreational Areas may be used between 8 AM. and 10 PM only. Section (E). It is suggested that the Rules and Regulations hours of operation for the Pool hours remain at 9am to 9pm, and the Clubhouse hours will be 8am to10pm. The exercise room hours are 5am to 10pm. The Pool rules are attached as Exhibit B, issued 04/01/13. (Should be incorporated as Attachment B) It is also recommended that the Clubhouse Rental Rules be attached to this document as Attachment C, with the Application being designated as attachment C (1).) F. Lakes. All Unit Owners Association and Occupants are prohibited from using the lakes for any swimming or boating, or for any recreational or other purpose. With prior written Board of Directors approval, and subject to any restrictions imposed by the Board of Directors, a Unit Owner may reserve portions of the Common Elements for use for a period of time as set by the Board of Directors. A. Owners' Responsibility. 1. The owner of a pet shall be directly responsible for any damage or inconvenience caused within the community by the pet and for controlling the behavior of the pet. Any pet which is upon the Common Elements must wear a tag showing the name and address of the pet owner. All pets must be cared for, maintained and properly licensed as required by the Commonwealth of Virginia and City of Chesapeake, Virginia ordinances. 2. Any Unit Owner who keeps or maintains any pet upon any portion of the Condominium shall be deemed to have indemnified and agreed to hold the Condominium, each Unit Owner, the Association and the Declarant free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. B. Leashes /Supervision/Confinement. 1. No pet shall be permitted on the Common Elements unless it is on a leash and under direct supervision at all times. 14

15 2. Pets must be walked away from buildings and walkways. Owners of pets shall be responsible for immediately removing the droppings of said animals from the Common Elements and grounds, including Limited Common Elements. 3. Pets shall not be permitted to roam outside. Pets shall be fed inside the Unit only and food shall not be placed on the patios or verandas. 4. No pet shall be staked or tied out of doors or left on a patio or veranda, nor shall any structure or pen for a pet be built on a patio or veranda or any portion of the Common Elements. C. Restrictions on Type and Number of Pets. 1. A Unit Owner or Occupant may keep dogs and cats in a Unit, but no more than a total of two (2), and a reasonable number of other generally recognized household pets, as determined in the Board of Directors' sole discretion, weighing less than two (2) pounds each (including by way of illustration, but not limitation, fish, gerbils and small birds). Section (C).It is felt that the declaration of the Owners Responsibility under Section A is more than adequate to control restrictions on the type and number of pets under this section. Accordingly, it is suggested that the section 1 be modified to allow a combination of dogs or cats but no more than a total of four per unit. As for the determination by the Board as what is a reasonable number of other household pets, it is suggested that that phrase be removed in its entirety. 2. No Unit Owner or Occupant may keep, breed or maintain any pet for any commercial purpose; and no structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Common Elements, including Limited Common Elements, without prior written ACC approval. Under Item 2 it is restated as follows: No Unit Owner or Occupant may keep, breed or maintain any pet for any commercial purpose. (The last portion of this section is removed since IX, B. 4.prohibits construction and this is redundant.) 3. No potbellied pigs, venomous snakes, pit bulldogs, Rottweilers, or Doberman Pinschers, may be brought onto or kept on the Condominium at any time. In addition, other animals determined in the Board of Directors' sole discretion to be dangerous or a nuisance shall not be brought onto or kept on the Condominium at any time. 15

16 D. Nuisance. Under Item 3 it is suggested that the prohibition against certain types of animals be removed, and this item be rewritten to state, No potbellied pigs, snakes of any kind, or animals determined to be dangerous by any accounts, shall be brought onto the Condominium at any time. This takes the Board out of the process in its sole discretion of making any such determinations, but relies on credentialed authorities for such information. 1. All barking, noise and odors shall be kept under control by the Unit Owner or Occupant so as not to disturb other residents and so as not to be a nuisance to the community. 2. Any Unit Owner or Occupant shall remove or control, as required by the Board, any pet judged to be a nuisance by the Board of Directors. The Board of Directors may require that any pet that, in the Board of Directors' opinion, endangers the health of any Unit Owner of Occupant or creates a nuisance or unreasonable disturbance, be permanently removed from the Condominium upon seven (7) days written notice. If the Unit Owner or Occupant fails to do so, the Board of Directors may remove the pet. The Board of Directors may remove any pet, which, in the Board of Directors' sole discretion, presents an immediate danger to the health, safety or property of any Association member, without prior written notice to the pet's owner. Under Item 2, it is suggested that the Board rely on Animal Control for the City of Chesapeake to remove any animal found to be in violation of the Nuisance rules, which endangers the health, safety or property of any resident. All of this would follow the due process regulations as enacted by the Board. X. GARAGES/PARKING/TOWING/MOVING. A. Garages Garage doors shall remain closed at all limes, except for necessary use, ingress, and egress. All garages shall be maintained in such a manner that parking for the maximum number of motor vehicles for which the garage was originally designed to hold is allowed and possible. B. Parking 1. All parking by residents must be within the garage. Notwithstanding the foregoing, a vehicle of a guest of a resident may be parked on a Limited Common Element driveway; provided, however, no such vehicle may be parked on such driveway for a period to exceed thirty-six (36) hours without prior approval of the Board. If an age qualified child or parent of a resident is residing with that resident for a period not to exceed three (3) months, Board approval shall be granted. PARKING IS PROHIBITED IN THE 'TURN-AROUND" AREAS AT THE END OF THE DRIVEWAY. Residents and guests may park in the 16

17 Clubhouse parking area for the limited purpose of using the Clubhouse. No vehicle may be parked in the Clubhouse parking areas for more than twelve (12) consecutive hours. Vehicles parked in the turn-around, or in the Clubhouse area for more than the allowed time, are subject to being towed. Section (B). It is suggested that the condition that all parking by residents must be within the garage be expanded to include or in the driveway when the garage is already occupied by two resident vehicles. The driveways are designated parking areas as shown on the Plat maps. In a situation where there are two vehicles in the garage, and two in the driveway, any other vehicle assigned to that Unit would be allowed to park in the overflow parking areas as designated on the Plat map. It is also suggested that the vehicle of a guest may park in the Limited Common Element driveway of the resident for such time as the guest is staying with the resident, thereby removing the 36 hours restriction that heretofore had to go to the Board. Also, the Board has to grant approval for parking for up to three (3) months, if it was an age qualified child or the parents of the resident. We would remove that condition, and state that any person who stays overnight in a unit more than 21 days in a 30 day period, or more than 30 days in a 12 month period would be deemed to be an occupant and subject to all conditions of the governing documents. This is consistent with the Declaration provisions. It is also suggested that the parking areas within 15 ft. of the fire hydrants be marked as such and be highlighted in this section along with the No parking in the turnaround areas at the end of the streets or driveways. It is also suggested that the signs at the parking for the clubhouse be designated as Pool/Clubhouse Parking. 2. No boats, canoes, jet-skis or other water craft, boat trailers, trailers (either with or without wheels), mobile homes, motor homes, trailers of any kind, either with or without wheels, trucks (larger than a 3/4 ton pickup), truck campers, campers, camper trailers, tractors, tractor-trailers, travel trailers, any vehicle used for commercial purpose or with commercial writings on their exteriors, motorcycles, motorized bicycles, motorized go-carts, golf carts or any other type of motorized vehicle may be parked on any street or driveway overnight. Other vehicles used for recreation (e.g., van conversions /RVs) not garage-able, will be permitted to park in the Limited Common Elements (e.g., in front of garage) for not more than forty-eight (48) consecutive hours to allow for loading and unloading. Such vehicles must not exceed twenty (20) feet in length and must not block normal access of other residents. Commercial moving vans, when conducting contract business, and commercial trucks, when in the area to perform service or repair work, are an authorized exception. Under this section it is suggested that the phrase for not more than 48 consecutive hours be removed, along with the limitation on length not to exceed 20 ft. The rationale is that this restriction only applies to loading and unloading, none of which will take that length of time. Also, many recreational vehicles exceed 20 ft. 17

18 a. Inoperable vehicles (e.g., with flat tires, expired license tags, etc.) or vehicles which cannot be identified as belonging to a resident, which are parked in any Common Element or Limited Common Element for more than forty-eight (48) consecutive hours may be towed off the premises at the vehicle owner's expense. No repair work is permitted on vehicles in Units, Common Elements or Limited Common Elements, except for short-term emergency work or repairs of a minor nature (e.g., flat tire, battery charge, etc.). Under (a.) of this section 2 it is recommended that this entire section be deleted. This is consistent with the suggestion that the garage may be used for repair work to vehicles. b. The following vehicles are also prohibited upon the Condominium and no such vehicle shall be kept, placed, stored, maintained or operated upon the Condominium: abandoned vehicles, vehicles which are dismantled, partially dismantled, inoperative, discarded, unlicensed or which contain an expired license plate or an expired resident sticker. Item (b) can be restated to eliminate the word also, and to state that any such defined vehicle found on the Condominium is subject to towing. 3. No vehicle shall be parked in any manner which blocks any street or driveway, or the ingress/egress to any garage other than the owners' garage. Reckless operation, excessive speed and parking or driving on the lawn areas is prohibited. C. Towing. If any vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's Unit, is obstructing the flow of traffic, is parked on any grassy area, or otherwise creates a hazardous condition, an agent of the Association may have the vehicle towed immediately. The Association is expressly authorized to remove, by immediately towing, without notice, at the expense of the vehicle owner, any unlawful or restricted vehicle in violation of the Declaration, Bylaws or these Rules and Regulations of the Condominium. If a vehicle is towed in accordance with this paragraph, neither the Association nor any officer or agent of the Association shall be liable to any person for any claim of damage as a result of the towing activity. Notwithstanding anything to the contrary herein, the Board of Directors may elect to impose fines or use other available sanctions, rather than exercise it authority to tow. Section (C). It is suggested that towing include the condition of parking within 15 ft. of/or blocking a fire hydrant. D. Moving. All moving into or out of a Unit shall be done between the hours of 8:00 a.m. and 10:00 p.m. In addition to the foregoing, the Owner shall be responsible for any and all damages caused to the Condominium Property by the Owner, or any third party, as a result of such Owner or any of its tenants, moving into or out of any Unit and such damages shall be the sole responsibility of the Owner. Streets, driveways and parking 18

19 areas within the Condominium are private and may not necessarily accommodate large trucks. Therefore, all Owners and residents are urged to take the necessary precautions in order to avoid causing damage to any portion of the Condominium. XI. NUISANCES /DISTURBANCES/SOLICITATION. No Change. A. Nuisances. No Owner, resident or their guests may act or use a Unit or any portion of the Common Elements in such a way as to unreasonably annoy, embarrass or discomfort other Owners or residents or as to constitute, in the sole discretion of the Board of Directors or its designee, a nuisance. All Owners, residents and their guests shall refrain from any act or use of a Unit or the Common Elements which could result in the cancellation of insurance carried by the Association or which could be in violation of any law or governmental code or regulation. Nothing herein shall be construed to affect the rights of an aggrieved Owner to proceed individually for relief from interference with his property or personal rights. B. Noise Disturbances. Noises and for sounds resulting from activities, televisions, radios, stereos, musical instruments or pets within a Unit shall not disturb other residences. Any excessive noise or sound which can be heard outside the windows, walls, ceilings, floors or doors of a Unit shall constitute unacceptable noise and will therefore constitute a violation of this section. Volume on the above-mentioned items should be minimized each day after 10:00 p.m. C. Solicitation. Solicitation by commercial enterprises is not authorized within the Condominium. In a like manner and due to restricted parking availability, garage sales, yard sales, tag sales and similar activities are specifically prohibited, unless approved by the Association as a planned community activity. XII. CLUBHOUSE. A. Use of Clubhouse. The Clubhouse is kept locked at all times except during scheduled events. Children under 18 years of age must be accompanied by an adult. B. Recreational Equipment. Use of recreational equipment, if provided, may be used only in accordance with the posted Rules and Regulations of the Association. C. Clubhouse Rental. 1. In the event that a resident wishes to use the Clubhouse for a function or event (hereinafter referred to as the "Clubhouse Function"), the resident must first obtain approval of the Association, in writing, at least five (5) days in advance of the Clubhouse Function. In order to rent the Clubhouse, a resident will need to execute a Clubhouse Reservation Form and Agreement, attached hereto as Exhibit "C", which is available at the management office. A rental fee, cleaning fee and security deposit may be charged by the Association for any Clubhouse Function. Any resident who rents the Clubhouse for a Clubhouse Function is responsible for any and all damage to the Common Elements and Units, if any, which occurs as a 19

20 result of the Clubhouse Function. The resident is also responsible to ensure that the Clubhouse is properly cleaned after the completion of the Clubhouse Function and that the designated Association representative has inspected the Clubhouse to ensure it is cleaned acceptably. The use of the Clubhouse is restricted to Owners, residents, resident-sponsored events and Association-sponsored events. The Clubhouse is not available for rent by outside entities or individuals and is not available for use by outside individuals unless in conjunction with an event sponsored by an Owner, resident or the Association. 2. The following additional rules apply to the use of the Clubhouse: a. A $ refundable deposit and a nonrefundable rental fee are required. Reservations are granted on a first request basis. b. Unsupervised children and teenage parties are prohibited. c. The renting resident will have exclusive use of the great room, kitchen and billiard rooms only. The guests of the renting resident may not use the ladies parlor/card room, pool or exercise equipment. Note that the ladies parlor/card room, swimming pool or exercise equipment is not included in any clubhouse rental program and these areas are always available to all Retreat at Greenbrier residents during normal operating hours. No party items will be furnished by the Association. d. The renting resident is responsible for all clean-up and trash removal. Clean-up must be done immediately after the party. Damages to the Clubhouse or equipment and any follow-up cleaning done by the Association will be deducted from the deposit. If the deposit is an insufficient amount, the renting resident will be billed for the difference. This entire section (Article XII. CLUBHOUSE) can be removed as the Clubhouse rental rules can be incorporated in the section dealing with recreational areas. This would allow ease of change for fees and rules changes as necessary. Suggest that the Clubhouse rules be reviewed again for consistency with original intent of Rules and Regulations, for example existing rental rules do not preclude children under 18 having to be with an adult. It just states unsupervised children and teenage parties are prohibited thereby creating a conflict with existing Article XII. XIII. SALES AND LEASING. A. The Retreat at Greenbrier Condominiums Documents. Any sale or lease within the Condominium Property must comply with The Retreat at Greenbrier Condominiums Instruments including, but not limited to, the requirements concerning the Condominium's status as an age-restricted 55 and over development. Each Owner who sells or leases their Unit shall provide a copy of the Declaration, Bylaws and Rules and Regulations of the Association to each lessee or purchaser prior to the closing of the sale or the commencement of a lease. 20

21 B. Filing of a Lease. The Owner is responsible for providing the management office with a copy of the lease and the required age-verification certification prior to the commencement of the lease and the Owner is responsible for assuring that the lease complies with Association requirements. Tenants may be denied use of the Common Elements, including parking privileges, if an approved lease is not on file. C. Suspension of Use of Common Elements. In the event that the Association suspends the rights of an Owner to use the Recreational Areas or the right of an Owner to use the Common Elements of the Condominium, such suspension shall also apply to all tenants of the Owner. XIV. VIOLATION OF GOVERNING DOCUMENTS. Courtesy and cooperation among residents are a must for community living. When complaints involve your neighbors, it is most often best to simply discuss the problem with them. Should the complaint remain unresolved or if you feel uncomfortable talking to your neighbor, please contact the Managing Agent to request assistance. The complaint filed with the Managing Agent should be in writing and should document the problem as thoroughly as possible. The Managing Agent will attempt to resolve the problem informally. Final recourse is available through the Board which will schedule a panel to hear the complaint. A. Informal Procedures for Violations of the Governing Documents. 1. Noncompliance with the Governing Documents may be noted by a resident, a Unit Owner, or member of the Association or by a city/county employee acting in an official capacity by initially reporting in writing to the Declarant (or Managing Agent, if one has been retained). Such notice shall specify the time, date, place and nature of the violation. 2. Upon receipt of such notice, the Declarant (or the Managing Agent, as the case may be) shall attempt to secure compliance by phone call, personal contact or by sending notice to the Unit Owner and, if applicable, the resident stating the time, date, place and nature of violation to be corrected and notice that noncompliance repetition or such violation may result in imposition of sanctions, fines and/or legal action after notice and hearings by the Board. A record of this action and a copy of all notices sent by the Board or Managing Agent and any correspondence relating thereto shall be kept in the Association files, and may be sent to the Association's legal counsel. B. Formal Procedures for Violations of the Governing Documents.. 1. The filing of a formal complaint with the Board shall initiate the formal procedures set forth below. No Resident or Unit Owner may file a complaint unless the informal procedures set forth in paragraph (A) above have been exhausted and such violation was not corrected within the time period specified therefore in the notice sent by the Board or Managing Agent. The Complaint shall identify the specific provisions of the Governing Documents which the Unit 21