WALNUT TRACE TOWNHOMES ASSOCIATION RULES AND REGULATIONS MAY 31, 2007 The following rules and regulations intend to promote the enjoyment and safety of all residents/owners of the association. The Board of Directors may vote to change these rules and will communicate in writing before such changes would take effect. The Board of Directors believes in good faith that these rules and regulations are consistent with and provide clarification and detail of the Bylaws, Covenants and Declarations. The following includes items which are more specifically described in the covenant to serve as a ready reference. If there is a bona fide conflict between any Bylaw, Covenant or Declaration, the applicable Bylaw, Covenant or Declaration shall prevail. GRANDFATHERING Residents/owners prior to original date of the publication of these Rules and Regulations (May, 2007) shall be grandfathered regarding the following: 1. Structures, gardens or other items approved by builder prior to the forming of the Association, October, 2005. 2. Gardens planted to mask electrical boxes approved by the Board. 3. The number and size of existing pets. 4. Structures or coverings under/around decks. 5. Invisible fencing. 6. Trees and bushes. Page 1
THE POND(s) (including the common area surrounding the ponds) The ponds function as a water drainage system, and the rocks surrounding the ponds are placed to prevent erosion and to add beauty. 1. Guests must have resident s/owner s permission to enjoy the pond. 2. Children of residents/owners, and guests who are children, must be supervised by an adult. 3. Swimming is prohibited. 4. Throwing rocks and other debris is prohibited. 5. Boating and rafting is prohibited. 6. Remote controlled watercraft and catch and release fishing are allowed. GENERAL RULES 1. Residents/Owners or their guests are liable for any damage to association property. 2. Residents/Owners and their guests must remove personal property and leave the common area in an orderly fashion when finished. 3. Residents/Owners must store trash and recycle bins in garages between pickups. (Trash and recycle bins may be placed in the common area up to 24 hours before scheduled weekly pickups and must be removed within 24 hours following pickups.) Page 2
HOMEOWNERS RESPONSIBLITIES 1. Homeowners must pay dues each month, to be received at the management company s office by the first of the month. Dues not received within 30 days after the due date shall bear interest from due date at 12% per annum, or highest rate allowed by Iowa law, whichever is lower. 2. Homeowners are responsible for items detailed in the Covenants including the following: a. Following board approval, all homeowner improvements or upgrades. b. Heating / AC. c. Partitions and interior walls. d. Windows and doors. e. Decks and patios. f. Garage doors / windows and interior surfaces. GARAGES 1. Garage doors shall remain closed except during times of access to the garage. 2. Residents/Owners may not use or store excess quantities of the following items: flammable materials and liquids, combustible materials, materials labeled hazardous or compressed gases. State and local statutes apply. Page 3
PARKING To ensure traffic safety and appropriate access to all units by emergency vehicles, the following parking rules have been established: 1. Residents/Owners and guests may park in the following areas: a. In their garages. b. In their driveways leading to their garages. c. In the street adjacent to their units. d. Pull out parking areas. 2. Residents/Owners may use these areas for parking or storing of boats, snowmobiles, trailers, camping vehicles, or other recreational vehicles for up to 48 hours. 3. Any vehicles parked in streets must be moved every 48 hours. 4. All vehicles parked in driveways or streets must be in immediate operating condition. 5. During the winter, vehicles must be removed from any area which requires snow removal. 6. Any abandoned or unauthorized vehicle may be towed at the owner s expense. 7. No parked vehicles shall obstruct the garages or driveways of others. Page 4
EXTERIOR ALTERATIONS AND ATTACHMENTS 1. Prior approval by the Board of Directors is required for the following: a. Alterations or attachments on the exterior of buildings, including satellite dishes. If approved, homeowners are responsible for repairs or maintenance of these improvements or upgrades. b. All storm doors. 2. Exterior and seasonal decorations must pose no safety hazard. 3. All exterior winter holiday decorations must be removed by March 1. 4. Noise making decorations must not disturb the peace. 5. Board approval is required for decorations in the common area. SIGNS 1. Prior written approval by the Board of Directors is required for all signs, except a sign placed in a window. 2. For Sale signs may be displayed under the following conditions: a. Only two signs per unit are allowed. b. Realty signs indicating property is sold must be removed within 48 hours after closing. c. Realty signs must be standard realty size. d. No realty signs may be placed at the development entrance or any other area other than the unit s common area. Exception: open house signs may be put up for the duration of the open house. 3. Owners are responsible for damage to the irrigation system caused by signs. Page 5
PETS 1. A maximum of two dogs, one dog and one cat, or two cats are allowed per unit. (65 pound limit per animal) 2. No breeding for commercial purposes. 3. No Pit bulls or other dangerous, vicious, nuisance animals as per Urbandale Code. 4. Residents/Owners must prevent their pets from becoming nuisances to neighbors. This includes cleaning pet waste promptly in the common area including outside the pet owner s unit. (A fine commensurate to Association cost of cleanup, not less than $50.00, will be administered to owners who fail to clean pet waste in the common area). 5. Residents/Owners must leash pets at all times when outside. For safety and liability purposes, pets shall not be left unattended outside. 6. Invisible fences must be approved by the Board prior to installation. COMMON AREA 1. The addition of trees, shrubs, flowers, in the common area requires Board approval. 2. No structure can be built on any lot or in any common area. 3. Personal property must be stored within the residential unit, in the garage, on the deck or on the patio. Page 6
RENTAL UNITS To maintain property values of owners/residents, renting a unit requires the following: 1. Prior board permission to list property for rent. a. A minimum 12 month lease. (The language of the lease must state that the lease extend a minimum of 12 months and must reference the Walnut Trace Townhomes Association Rules and Regulations). b. The owner provides the lessees a copy of the Walnut Trace Townhomes Association Rules and Regulations. c. The owner remains responsible and liable for his/her leased property. d. The owner provides the Board and/or the property management company a copy of the lease. e. No more than three units may be rented at any given time and will be granted on a first come, first serve basis. TRANSFER OF OWNERSHIP 1. Prior to closing, sellers must transfer all documentation of Walnut Trace Townhomes Association Rules and Regulations to the new owners. Page 7
VIOLATION PROCEDURE It is the responsibility of the Walnut Trace Townhomes Association Board of Directors to ensure that the enforcement process treats everyone alike, regardless of the violation or the violator. The following procedures have been developed, and the Board will be guided by the objectives of fairness, continuity, and communication for all homeowners and residents. Procedure: 1. Person making complaint notifies the Board President in writing. 2. The Board determines if the allegation is indeed an infraction of Covenant, Bylaws or Rules and Regulations. If not, the case is closed and parties are notified. 3. At least two Board members visit the unit owner and verify violation, giving owner a chance to correct the problem. If matter is resolved, the case is closed. 4. If no resolution is made, a letter is sent indicating the section of Covenant, Bylaws or Rules and Regulations in violation. Owner has 30 days to correct the situation or appeal. 5. Unit owner may appeal allegation at next Board meeting. 6. Board will rule either for or against unit owner s appeal. 7. A letter will be sent notifying owner of Board s decision. In case of denial of appeal, the owner must immediately correct the infraction. 8. Fines will be the cost incurred by the Association (including legal fees) to rectify or remove the infraction if not done by owner. Owner will be given written notice of such fines. Owner has 30 days to pay the fines. 9. A lien may be filed on the unit owner s property if assessed fines are not paid after 60 days following notice of fine. 10. Case is closed upon finished resolution. Page 8
PENALTIES / VOTING RIGHTS 1. The Association shall suspend voting rights for any homeowner who has not paid an assessment or associated penalty within 30 days of being notified of such assessment or penalty, unless arrangements have been made with the Board. Voting rights will be reinstated upon payment of the assessment and any associated penalty. Page 9