8 June 1999
TABLE OF CONTENTS 1. GENERAL... 1 1.1 ENFORCEMENT... 2 1.2 COMPLAINTS... 3 1.3 RESALES... 3 1.4 RENTALS... 3 1.5 COMMON COURTESY... 4 1.6 GUESTS... 4 2. PROPERTY USE... 5 2.1 NOTICES AND SOLICITATION... 5 2.2 STORAGE... 5 2.3 LAUNDRY... 5 2.4 TRASH... 6 2.5 OUTDOOR GRILLS... 6 2.6 PATIO FURNITURE... 6 2.7 LAWN, GARDEN, AND SHRUB BED DECORATIONS... 7 2.8 OUTDOOR PLANTING... 7 2.9 PLANTERS AND FLOWER POTS... 7 2.10 EXTERIOR DECORATIONS... 7 2.11 FLAGS... 8 2.12 WIND CHIMES AND WIND SOCKS... 8 2.13 BIRD FEEDERS... 8 2.14 YARD SALES... 8 2.15 FIREPLACES AND WOODSTOVES... 8 2.16 WASHING MACHINE HOSES... 9 2.17 PROPERTY DAMAGE... 9 3. PETS... 10 3.1 DOGS AND CATS... 10 3.2 OTHER PETS... 10 4. VEHICLES AND PARKING... 11 4.1 ENFORCEMENT... 11 4.2 VEHICLE REGISTRATION... 11 4.3 VEHICLE OPERATION... 11 4.4 VEHICLE MAINTENANCE... 12 4.5 PARKING... 12 4.6 HANDICAPPED PARKING... 15 4.7 TEMPORARY ON-STREET PARKING... 16 4.8 SNOW REMOVAL... 17 4.9 SNOW REMOVAL PROCEDURES... 18 5. RECREATION... 19 5.1 FACILITIES... 19 5.2 TENNIS COURT... 19 5.3 SWIMMING POOL... 19 5.4 CLUBHOUSE... 20 5.5 RECREATIONAL USE OF ROADWAYS AND PARKING AREAS... 21 5.6 RECREATIONAL USE OF LAWNS... 21 6. VIOLATION, FINE, AND APPEAL PROCESS... 22 i
1. GENERAL 1 1 These rules and regulations are established and published for the benefit of all who own at, reside in, or visit Society Hill at Merrimack. Condominium living requires adjustment, indulgence, and cooperation by all. These rules are a supplement to the Declaration of Society Hill at Merrimack Condominium and the By-Laws of Society Hill at Merrimack Condominium Association, the condominium instruments, and are meant to facilitate the enjoyment of the facilities while protecting, maintaining, and enhancing the assets and appearance of the association. 1 2 The rules are discussed at regular meetings of the Board of Directors and the Association Committees. Notices of Board of Director meetings open for owner and resident participation are posted on the bulletin board at the mail kiosk. Owners and residents are also welcome to attend meetings of the Association Committees. Any owner or resident wishing to attend a committee meeting should contact the Managing Agent who will forward the request to the appropriate Committee Chair to be addressed. Written input is also welcome. 1 3 The Board of Directors reserves the right to change or modify the rules and regulations at any time. 1 4 The enforcement provisions of section 1.1 and the violation, fine, and appeal process defined in section 6 apply to the requirements established by the Declaration of Society Hill at Merrimack Condominium and the By-Laws of Society Hill at Merrimack Condominium Association as well as to these rules and regulations. Owners, residents, and guests will abide by the requirements set forth in all of the cited documents. 1 5 In the event that these rules and regulations conflict with the condominium instruments, the condominium instruments take precedence. 1 6 The applicability and enforcement of these rules and regulations will be such as to not abridge any rights specifically conferred by federal, state, or local law. 1 7 These rules and regulations of Society Hill at Merrimack Condominium Association, revised and adopted by the Board of Directors 8 June 1999, supersede and supplant all previous rules and regulations. 8 June 1999 1
1.1 ENFORCEMENT Society Hill at Merrimack Condominium Association 1.1 1 These rules and regulations are designed to comply with the guidelines provided by the Declaration of Society Hill at Merrimack Condominium and the By-Laws of Society Hill at Merrimack Condominium Association to allow consistent and fair decisions if a violation or dispute occurs. 1.1 2 The administration of these rules is vested in the Covenants Committee for interpretation and recommendation to the Board of Directors. 1.1 3 The enforcement of these rules is also vested in the Covenants Committee. The Managing Agent is empowered to act on the behalf of the Covenants Committee as regards rule enforcement and carries out the direction of the Covenants Committee as authorized. 1.1 4 Any item in violation of these rules and regulations is subject to immediate confiscation at the expense of the owner of the item and will be charged to the unit of the responsible owner or resident. The Board of Directors, the Covenants Committee, the Maintenance Committee, and the Managing Agent are authorized to effect such confiscation. No prior notice of confiscation or the intent to confiscate will necessarily be given except as otherwise provided for in these rules and regulations. Arrangements to reclaim confiscated items may be made by contacting the Managing Agent. 1.1 5 The owner of an item in violation of a rule is obligated to pay any and all costs incurred. The cost of any damage caused to property, including any damage incidental to the confiscation, will be assessed to the unit of the responsible owner or resident. 1.1 6 The association, Board of Directors, Covenants Committee, Maintenance Committee, and Managing Agent will not be held liable either individually or in total for any damage to an item that may result from the confiscation of said item unless such damage is due to negligence on their part. 1.1 7 Fines will also be assessed in accordance with the fine schedule established in section 6. Any such fine will be assessed against the unit in which the offender resides or is visiting should the offender be a guest. 1.1 8 Other related costs will be assessed to the unit with which a noncompliance with these rules and regulations is associated. 1.1 9 A due process has been established in accordance with section 6 for the appeal of any cited violation of the rules. 8 June 1999 2
1.2 COMPLAINTS Society Hill at Merrimack Condominium Association 1.2 1 The Covenants Committee is responsible for addressing complaints brought to its attention by the owners and residents. The Covenants Committee is not responsible for policing the Condominium and catching all who violate the rules. Unit owners and residents who witness violations will be responsible for reporting them to the Covenants Committee through the Managing Agent. 1.2 2 Owners or residents wishing to report violations must inform the Managing Agent in writing. All complaints must be signed. Anonymous complaints can not and will not be pursued. 1.3 RESALES 1.3 1 It is the obligation of the current unit owner to notify the Managing Agent of the pending sale of a unit. 1.3 2 The seller is to provide the buyer with one copy each of the Declaration of Society Hill at Merrimack Condominium, the By-Laws of Society Hill at Merrimack Condominium Association, and these rules and regulations prior to or upon closing. 1.3 3 It is the obligation of the new unit owner to notify the Managing Agent of the purchase of a unit. 1.4 RENTALS 1.4 1 Unit owners are responsible for advising the Managing Agent of the rental of their unit and will provide the Managing Agent with the unit address and the name of the renter within 30 days of the execution of the lease agreement. 1.4 2 Unit owners will ensure that the renter is furnished with one copy each of the Declaration of Society Hill at Merrimack Condominium, the By-Laws of Society Hill at Merrimack Condominium Association, and these rules and regulations prior to or upon the signing of the lease agreement. The unit owner will obtain a signed statement acknowledging receipt of these documents and will provide a copy of the acknowledgment to the Managing Agent within 30 days of the execution of the lease agreement. 1.4 3 The unit owner will include as an attachment to any original or renewed lease agreement the following clause, will obtain a signed statement acknowledging the inclusion of this clause, and will provide a copy of the acknowledgment to the Managing Agent within 30 days of the execution of the lease agreement. This lease is subject to all provisions of the Declaration of Society Hill at Merrimack Condominium, the By-Laws of Society Hill at Merrimack Condominium Association, and the of Society Hill at Merrimack Condominium Association (the condominium instruments). In the event of a conflict between this lease and the condominium instruments, the condominium instruments take precedence. 8 June 1999 3
1.5 COMMON COURTESY Society Hill at Merrimack Condominium Association 1.5 1 Any activity that might be bothersome to other owners, residents, or guests will take place at a time and location that minimizes the disturbance to others. 1.5 2 The operation of loud audio equipment and the creation of other similar noisy disturbances are prohibited. 1.5 3 No person or persons will, by their presence or action, warrant alarm for the safety of owners, residents, guests, or any of their property. This extends to potential damage to common, limited common, and restricted use property. 1.6 GUESTS 1.6 1 Owners and residents will make their guests aware of the pertinent rules and regulations and will ensure that their guests fully comply. 1.6 2 Owners and residents will be fully responsible for the conduct of their guests and for the payment of appropriate guest fees and fines as well as other costs associated with related enforcement actions. 8 June 1999 4
2. PROPERTY USE 2.1 NOTICES AND SOLICITATION 2.1 1 The posting, placement, display, or distribution of signs, banners, notices, announcements, leaflets, flyers, pamphlets, or similar material in any common or limited common area, outside any unit, or inside any unit such as it may be visible from any common area is prohibited except as may be expressly authorized by the Board of Directors. This exclusion also prohibits the posting of directional signs other than those already posted by the association. 2.1 2 Solicitation without the prior permission of the Board of Directors is prohibited. 2.1 3 Open houses are permitted to facilitate the resale of a unit. A minimum number of freestanding signs announcing and providing directions to the open house may be placed up to twenty-four (24) hours prior to the event and must be removed immediately following the event. No signs will be driven into the ground nor attached to any association property, whether that property is natural or man-made. All open houses and sign placements will be coordinated with and require the prior approval of the Managing Agent. 2.1 4 Two (2) bulletin boards are located at the mail kiosk for use by owners and residents. Material to be posted on the bulletin boards requires Board of Directors approval and must be delivered to the Managing Agent for posting. Material will be posted for a thirty (30) day period and may be renewed for additional thirty (30) day periods. 2.1 5 Owners and residents may be solicited and notices, announcements, leaflets, flyers, pamphlets, or similar material may be distributed to individual units without Board of Directors approval to the extent that such solicitation or material regards owner or resident issues pertinent to the Association and such distribution is conducted by an owner or resident. Any such distributed material remaining in common or limited common areas for more than two (2) days must be collected by the distributor. 2.2 STORAGE 2.2 1 No personal material or property will be stored or left on or under stairways, in the hallways, in the utility closets at the end of the buildings, or in any other common area. 2.2 2 Storage or the leaving of any personal material or property in limited common areas is prohibited except as expressly authorized herein or by the approval of the Board of Directors. 2.2 3 Storage of any motorized vehicle other than in garages is prohibited. 2.3 LAUNDRY 2.3 1 Neither clothes lines nor drying racks will be installed on common or limited common areas. Laundry will not be hung from any common or limited common area, including decks, balconies, and patios, nor in any other location that may be visible from any common area. 8 June 1999 5
2.4 TRASH Society Hill at Merrimack Condominium Association 2.4 1 All trash will be placed inside the dumpsters and the doors on the dumpsters will be closed. All cardboard boxes will be flattened. Trash will not be placed on or around the dumpsters or in any other common area except as expressly authorized herein or by approval of the Board of Directors. 2.4 2 Toxic and hazardous waste to include motor oil, oil filters, gas filters, gas, paint, and other household chemicals must be properly disposed of and will not be placed in dumpsters. Use of dumpsters is restricted to non-toxic, non-hazardous household trash. 2.4 3 When so designated by the Board of Directors, particular types of trash will be placed in specific dumpsters. The disposal of designated trash in the general collection dumpsters and the use of designated dumpsters for the disposal of general household trash are prohibited. 2.4 4 The trash container at the mail kiosk will be used for the disposal of mail delivered to the mailboxes at the mail kiosk only. No other material will be deposited in this trash container. 2.5 OUTDOOR GRILLS 2.5 1 The storage and use of outdoor grills will be in full compliance with all applicable state and local laws, ordinances, and regulations. In the event that said laws, ordinances, and regulations conflict with the rules and regulations of the Association, the more restrictive will always apply. 2.5 2 The use of outdoor grills within five feet of the exterior of a unit is prohibited. 2.5 3 The use of any type of charcoal grill on, under, or within five feet of any structure including decks, balconies, and patios is prohibited. 2.5 4 Outdoor grills will be attended by an adult at all times while in use. 2.5 5 Recognizing the hazards inherent in the storage and use of outdoor grills, the owner or resident responsible for storing or using such a grill assumes responsibility for any and all damages incurred incident to said storage and use. The unit of the responsible owner or resident will be assessed the cost of all repairs necessary to restore the property to its original condition. 2.6 PATIO FURNITURE 2.6 1 Patio furniture in good condition may be used on and stored on decks, balconies, and patios. If the patio furniture is not well maintained, the responsible unit owner or resident will remove it. 2.6 2 Patio furniture may be used on the lawns but must be removed immediately after each use. Care will be taken to ensure that lawns are not damaged due to their use. The owner or resident assumes all liability and will be assessed for the repair of any damages. 2.6 3 No items will remain in the common area during periods of lawn maintenance or sprinkler operation. 8 June 1999 6
2.7 LAWN, GARDEN, AND SHRUB BED DECORATIONS Society Hill at Merrimack Condominium Association 2.7 1 Ornaments and other decorations, to include holiday adornments, are prohibited on the lawns as well as in the gardens and shrub beds. 2.8 OUTDOOR PLANTING 2.8 1 Outdoor plants may be added to the foundation areas of the units only. The foundation area is defined as the area between the foundation and the lawn. 2.8 2 Outdoor planting will not disturb the utilities. The cost of repairing any damage to utilities will be charged to the unit of the owner or resident responsible for the damage. 2.8 3 Added plants will be maintained, and any plant that is dead or diseased must be removed, by the responsible owner or resident. 2.8 4 Plants added to the foundation area are not to exceed twenty-one inches in height. Fruit and vegetable plants are prohibited. 2.8 5 The Managing Agent will be notified by the owner and resident of any plantings to ensure that they are not inadvertently removed. 2.9 PLANTERS AND FLOWER POTS 2.9 1 Planters and flower pots may be placed on walkways and stairways serving the townhouses and on balconies, decks, and patios. Fruit or vegetable plants are prohibited. 2.9 2 Planters and flower pots will not be placed on the top of any balcony, deck, patio, or walkway railing. 2.9 3 Any hanging planter or flower pot will be hung in such a manner that should it fall it would land within the confines of the balcony, deck, or patio from which it was hung. The hanging of planters and flower pots from the exterior walls of any building is prohibited. 2.9 4 All damages resulting from the use of plant hangers, planters, and flower pots will be the responsibility of the owner or resident. The cost of repairs will be assessed to the unit of the responsible owner or resident. 2.9 5 Plants must be maintained so they do not litter on common or limited common areas, including balconies, decks, and patios. 2.9 6 Any dead or diseased plants must be removed by the responsible owner or resident. 2.10 EXTERIOR DECORATIONS 2.10 1 Exterior decorations are limited to door and window decorations only. No lights are allowed on the exterior of doors, windows, and sliders. Indoor window lights are permitted. 8 June 1999 7
2.10 2 All decorations must be well maintained. If decorations are not properly maintained the responsible unit owner or resident will remove them. 2.10 3 Exterior Christmas decorations may be put up the day after Thanksgiving. They must be removed by the weekend following New Years Day. 2.10 4 Other seasonal decorations are permitted during the appropriate seasons. These decorations must be removed when they are out of season. 2.10 5 All damages resulting from the displaying of exterior decorations will be the responsibility of the owner or resident. The cost of repairs will be assessed to the unit of the responsible owner or resident. 2.10 6 Except as otherwise expressly permitted by these rules and regulations, no balloons, ribbons, or other decorations will be posted, placed, or displayed anywhere on the property. 2.11 FLAGS 2.11 1 The displaying of flags is limited to displaying the American Flag on Patriotic Holidays. The unit owner or resident assumes responsibility for any damage the mounting of flags causes to common or limited common area, including balconies, decks, and patios. The cost of repairs will be charged to the unit of the responsible owner or resident. 2.12 WIND CHIMES AND WIND SOCKS 2.12 1 Wind chimes and wind socks are prohibited in common or limited common areas, including decks, balconies, and patios. 2.13 BIRD FEEDERS 2.13 1 Bird feeders and other animal feeders are prohibited in common or limited common areas, including decks, balconies, and patios. 2.14 YARD SALES 2.14 1 Yard sales, tag sales, garage sales and other similar activities are prohibited except as authorized by the Board of Directors. 2.15 FIREPLACES AND WOODSTOVES 2.15 1 Owners of units with fireplaces and woodstoves are required to have their chimneys inspected annually. A copy of the inspection certificate must be provided to the Managing Agent prior to October 1 each year. 2.15 2 Owners wishing to have fireplaces or woodstoves installed must petition the Board of Directors for approval of their building plans prior to the commencement of any installation work. 8 June 1999 8
2.16 WASHING MACHINE HOSES Society Hill at Merrimack Condominium Association 2.16 1 All washing machines must be equipped with no-burst water supply hoses acceptable to the insurance carrier for the association. 2.16 2 Owners must inspect the washing machine hoses annually to verify that they are in good condition and meet the requirements of these rules and regulations. A certificate of compliance attesting to this inspection must be provided to the Managing Agent prior to February 1 each year. 2.16 3 All units are subject to inspection by the association and by the insurance carrier for the association to ensure compliance with the washing machine hose requirements set forth in the insurance policy. 2.17 PROPERTY DAMAGE 2.17 1 Common or limited common property, including decks, balconies, and patios, will not be damaged, reasonable wear and tear excepted. The cost to repair any such damage will be assessed to the unit responsible for causing such damage. 8 June 1999 9
3. PETS 3 1 Any damage to common or limited common property, including decks, balconies, and patios, which was caused by a pet is the responsibility of the pet owner. Said owner, and the unit of the responsible owner or resident, will be charged for the repair of the damage to common or limited common areas. If the damage continues, said owner will be required to remove the animal from the premises. 3 2 If an animal is excessively noisy so as to disturb other owners, residents, or guests the pet owner will be warned and fined in accordance with the fine schedule. If the matter does not improve, the pet owner will remove the animal from the premises. 3.1 DOGS AND CATS 3.1 1 Dogs and cats must be kept on a leash not to exceed six feet in length whenever they are in common areas. They will not be tied or left unattended in common areas, including walkways and stairways, and are not allowed to run free. 3.1 2 Dogs and cats will not be left unattended in limited common areas, including decks, balconies, and patios. 3.1 3 The areas designated for dog and cat walking are the gravel emergency access road and the east side of the electrical easement behind the units on the east side of Middlesex Road. An implement must be carried to pick up after the animal. Dogs and cats will not be walked and allowed to relieve themselves on lawns, sidewalks, parking areas, roadways, or any other area not specifically designated for dog and cat walking. 3.1 4 Droppings will not be disposed of down storm drains. 3.2 OTHER PETS 3.2 1 Other common household pets are allowed as long as they are maintained within the unit of the pet owner. 8 June 1999 10
4. VEHICLES AND PARKING 4.1 ENFORCEMENT 4.1 1 Any vehicle in violation of the rules and regulations of section 4 is subject to immediate towing off the premises at the expense of the vehicle owner. The Board of Directors, the Covenants Committee, the Maintenance Committee, the Managing Agent, and any other authority specifically delegated such right by these rules and regulations are authorized to effect such towing. No prior notice of towing or the intent to tow will necessarily be given except as otherwise provided for in section 4 of these rules and regulations. Arrangements to reclaim towed vehicles may be made by contacting the Managing Agent. 4.1 2 The owner of a vehicle in violation of a rule is obligated to pay any and all costs incurred upon the ordering of the towing of that vehicle whether or not it is actually towed. Said costs as well as the cost of any damage caused to property will be assessed to the unit of the responsible owner or resident, including any costs or damages incidental to the towing. 4.1 3 The association, Board of Directors, Covenants Committee, Maintenance Committee, and Managing Agent will not be held liable either individually or in total for any damage to a vehicle that may result from the towing of said vehicle unless such damage is due to negligence on their part. 4.1 4 All of the rules and regulations of section 1.1 apply to section 4 as well. In the event of a conflict, section 4.1 takes precedence in the enforcement of the rules and regulations of section 4. 4.2 VEHICLE REGISTRATION 4.2 1 Two Society Hill at Merrimack Condominium Association Parking Permits will be issued to each unit to be displayed as directed by the Board of Directors on vehicles regularly kept on site and registered to or exclusively used by owners or their tenants. 4.2 2 Upon the written request of a unit owner or resident a replacement Society Hill at Merrimack Condominium Association Parking Permit will be issued at no charge subject to the return of the permit to be replaced. Written justification for a replacement permit will be required and a $5.00 charge will be assessed for each replacement permit not accompanied by a returned permit. 4.2 3 Vehicles kept or operated on the premises must be registered and inspected. They must be operable and must display current valid license plates as well as inspection and emissions stickers, when applicable. 4.3 VEHICLE OPERATION 4.3 1 The operator of any vehicle on the premises must hold a valid drivers license. 4.3 2 Vehicles will not be operated in a reckless manner. 4.3 3 Speed limits are 15 MPH on Brunswick Road, Bernards Road, and Galloway Road and 10 MPH on Middlesex Road, Scituate Place, and the Galloway Road and Bernards Road parking areas. These speed limits will be adhered to for the safety of our owners, residents, and guests. Exceeding the posted speed limit provides sufficient cause for the determination of reckless driving. 8 June 1999 11
4.3 4 Any owner or resident who witnesses reckless driving within the Condominium that threatens the well-being of our owners, residents, or guests will report it to the Covenants Committee and to the Merrimack Police Department. 4.3 5 Only over-the-road vehicles will be permitted to operate on the property. 4.3 6 No off-road construction or recreational vehicle will be operated on the premises except as authorized by the Board of Directors. 4.3 7 No vehicle will be operated on any surface other than the blacktop paved areas or the gravel emergency access road. 4.4 VEHICLE MAINTENANCE 4.4 1 Vehicle maintenance within the Condominium is limited to the changing of tires, minor repairs, and the cleaning, washing, and waxing of vehicles. 4.4 2 Major body or engine repair is prohibited on the premises. 4.4 3 Anyone with a question as to whether a specific vehicle maintenance activity is allowed should address the question to the Board of Directors through the Managing Agent. 4.5 PARKING 4.5 1 All common area parking spaces with the exception of the parking spaces in the non-resident/overflow parking lot and the temporary on-street parking spaces are designated as resident-only parking spaces. No owner or resident will have priority over any other owner or resident in the use of resident-only parking spaces except as otherwise provided for in section 4.6 of these rules and regulations. 4.5 2 The twenty space parking lot located off of the north side of Bernards Road is designated as the non-resident/overflow parking lot and each of those spaces as a non-resident/overflow parking space. No owner, resident, or guest will have priority over any other owner, resident, or guest in the use of the parking spaces in the non-resident/overflow parking lot. 4.5 3 All vehicles parked or left unattended in a resident-only parking space will display a Society Hill at Merrimack Condominium Association Parking Permit in the manner prescribed by the Board of Directors except as otherwise expressly provided for in section 4.5 of these rules and regulations. 4.5 4 No more than two resident-only parking spaces will be occupied by vehicles operated by the owners, residents, or guests of a single unit at any time. Any unit with more than two vehicles will park those additional vehicles in the non-resident/overflow parking lot, except in the case of those driveways serving the garages which can safely and comfortably support the parking of two or more vehicles or in the case of motorcycles and like vehicles which can be safely and comfortably parked two or more to a single resident-only parking space. 4.5 5 Any vehicle that could otherwise be regularly parked in a resident-only parking space will not be regularly parked or left unattended in any non-resident/overflow or temporary on-street parking space except as may be expressly authorized by the Board of Directors. Any vehicle for which such an 8 June 1999 12
exception is granted will comply with any and all conditions imposed. One violation notice will be issued. Upon the second and subsequent violations the vehicle will be subject to immediate towing. 4.5 6 Only two-wheel and four-wheel private passenger vehicles registered to or exclusively used by owners or their tenants will be parked or left unattended on the premises on a regular basis except as may be expressly authorized by the Board of Directors. Any vehicle for which such an exception is granted will comply with any and all conditions imposed. 4.5 7 No recreational, commercial, or oversized vehicle, and no trailer will be permitted to be parked or left unattended on the premises except as may be expressly authorized by the Board of Directors or as otherwise permitted herein. Any vehicle for which such an exception is granted will comply with any and all conditions imposed. No such vehicle will be used as a living quarters while on the premises. 4.5 8 Commercial vehicles operated by contractors providing service to an individual unit will be parked in the resident-only parking spaces that would otherwise be used by that unit. Such vehicles will be parked only during the period in which that unit is being serviced. No more than two resident-only parking spaces will be used by such commercial vehicles servicing a specific unit at any time and any such use will count against the per unit limit on the number of resident-only parking spaces that may be occupied. Other vehicles operated by owners, residents, or guests of that unit will relocate those vehicles, as necessary, to the non-resident/overflow parking lot or temporary on-street parking in order that the resident-only per unit parking limitation is not exceeded. 4.5 9 Oversized commercial vehicles, commercial vehicles with trailers, and commercial vehicles in excess of two operated by contractors providing service to an individual unit as well as commercial delivery vehicles and any vehicles operated by association contractors are permitted to temporarily stand in any roadway, travel lane, or emergency access road so long as such vehicles are attended, comply with these rules and regulations to the extent possible, are moved as necessary to comply with the intent of all other rules and regulations herein, and remain so standing only as long as is absolutely necessary. All other temporary standing or parking of commercial vehicles, regardless of whether such vehicle is attended or unattended, is prohibited without the express authorization of the Board of Directors. 4.5 10 Any commercial vehicle that is required by section 4.5 of these rules and regulations to park in a resident-only parking space and that could otherwise be parked in a such a parking space will not be parked or left standing, whether attended or unattended, in other than such a parking space except as may be expressly authorized by the Board of Directors. Any vehicle for which such an exception is granted will comply with any and all conditions imposed. One violation notice will be issued. Upon the second and subsequent violations the vehicle will be subject to immediate towing. 4.5 11 No vehicle will be parked nor permitted to temporarily stand in such a manner so as to occupy any part of more than one parking space, regardless of whether that vehicle is attended or unattended. Vehicles will be parked within the confines of the space and will not extend into the roadway or travel lane beyond the curb line. 8 June 1999 13
4.5 12 No vehicle will be parked or left unattended in such a manner so as to impede access to or obstruct the free movement of any other vehicle with the exception of any vehicle parked in a driveway that serves a garage. 4.5 13 No vehicle will be parked or left unattended in such a manner so as to restrict access to any unoccupied parking space with the exception of any vehicle parked in a driveway that serves a garage. 4.5 14 No vehicle will be parked nor permitted to temporarily stand such that it obstructs access to any sidewalk, walkway, or stairway, regardless of whether that vehicle is attended or unattended. 4.5 15 No vehicle will be parked nor permitted to temporarily stand on any surface other than the blacktop paved areas, in the garages, or on the gravel emergency access road, regardless of whether that vehicle is attended or unattended. 4.5 16 No vehicle will be parked nor permitted to temporarily stand in such a manner so as to cause damage to any parking surface or other common or limited common property, regardless of whether that vehicle is attended or unattended. A means of protecting the parking surface will be furnished and used by the vehicle owner for any vehicle that could be reasonably expected to damage the parking surface. 4.5 17 No vehicle will be parked or left unattended on any roadway, travel lane, or emergency access road at any time except for temporary on-street parking as permitted by section 4.7 of these rules and regulations. 4.5 18 No vehicle will be parked nor permitted to temporarily stand in any manner so as to obstruct the access of emergency vehicles to any part of the premises by way of roadway, travel lane, or emergency access road, regardless of whether that vehicle is attended or unattended. 4.5 19 No vehicle will be parked nor permitted to temporarily stand such that the passable width of any roadway, travel lane, or emergency access road is reduced to less than fifteen feet, regardless of whether that vehicle is attended or unattended. 4.5 20 No vehicle will be parked nor permitted to temporarily stand within forty feet opposite or adjacent to any intersecting roadway, travel lane, emergency access road, driveway, or parking space, regardless of whether that vehicle is attended or unattended. 4.5 21 No vehicle will be parked nor permitted to temporarily stand on any roadway, travel lane, or emergency access road within fifteen feet of a fire hydrant, regardless of whether that vehicle is attended or unattended. 4.5 22 No vehicle will be parked nor permitted to temporarily stand in front of the mail kiosk, regardless of whether that vehicle is attended or unattended. Stopping for the pick-up or drop-off of mail, to read the bulletin board, or to pick-up notices is permitted. 4.5 23 No vehicle will be parked nor permitted to temporarily stand in such a manner so as to obstruct access to any dumpster on days posted or otherwise scheduled for trash removal, regardless of whether that vehicle is attended or unattended. Stopping for the disposal of trash is permitted. 4.5 24 No vehicle will be parked or left unattended in any area specifically marked to prohibit parking or in any area specifically marked as reserved for any special purpose. 8 June 1999 14
4.5 25 No vehicle will be parked nor permitted to temporarily stand in violation of any special requirement set forth by the Board of Directors, the Covenants Committee, the Maintenance Committee, the Managing Agent, or any other authority as may be necessary to conduct maintenance, address emergency situations, or other similar events, regardless of whether that vehicle is attended or unattended. Authorization to tow any vehicle parked or temporarily standing in violation of any special requirement is specifically delegated to any such authority, regardless of whether that vehicle is attended or unattended. 4.6 HANDICAPPED PARKING 4.6 1 Any unit occupied by a resident who is entitled to use handicapped parking by virtue of a handicapped parking permit, placard, or plate issued by the state or other authority of competent jurisdiction will have one existing parking space assigned and dedicated as handicapped parking exclusively for the use of that unit subject to the conditions of section 4.6 of these rules and regulations. 4.6 2 A handicapped parking space assignment will be made for a qualified unit upon written request of the Board of Directors provided that a licensed driver resides in that unit and a motor vehicle is registered in the name of an individual who resides in that unit. The individual for whom the handicapped parking is being requested need not be the licensed driver or the motor vehicle registrant. Proof of meeting these conditions must be provided to and be found acceptable to the Board of Directors. 4.6 3 To the extent that it is feasible, the parking space to be assigned will be the existing parking space located nearest to the unit entrance of the individual making the request or other such space as may be mutually agreed to by the requester and the Board of Directors. In no case will such an assignment be directly in front of the access to the entrance of any other unit. 4.6 4 Limited and reasonable reconfiguration of existing parking spaces will be accomplished when warranted by the particular situation. Under no circumstance, however, will any parking space be removed in its entirety or reduced in size to such an extent as to render it useless, in all practicality, for parking a typical automobile. 4.6 5 Handicapped parking spaces will be marked with an appropriate handicapped parking symbol and a unit address identifier indicating to which unit that parking space is reserved. 4.6 6 One Society Hill at Merrimack Condominium Association Handicapped Parking Permit will be issued to the unit for display in the vehicle occupying a handicapped parking space. Such display of the permit will be in accordance with the display requirements for the Society Hill at Merrimack Condominium Association Parking Permit. The issuing of a Society Hill at Merrimack Condominium Association Handicapped Parking Permit will be in lieu of a Society Hill at Merrimack Condominium Association Parking Permit. 4.6 7 Any handicapped parking space assignment and marking, as well as any Society Hill at Merrimack Condominium Association Handicapped Parking Permit, will be revoked upon the failure to maintain all of the conditions set forth to first establish such a handicapped parking assignment. 8 June 1999 15
4.6 8 Any vehicle parked in an assigned handicapped parking space must display a handicapped parking permit, placard, or plate issued by the state or other authority of competent jurisdiction and a Society Hill at Merrimack Condominium Association Handicapped Parking Permit for the unit to which such space is assigned. The Society Hill at Merrimack Condominium Association Handicapped Parking Permit must be displayed in a manner consistent with the display of the Society Hill at Merrimack Condominium Association Parking Permit. Any vehicle failing to meet any one or more of these conditions will be subject to immediate towing without notice and solely at the cost of the owner of such vehicle. The authority to effect the towing of such a vehicle is specifically extended to the owners or residents of that unit to which the handicapped parking space is assigned. 4.6 9 A second handicapped parking space assignment and a second Society Hill at Merrimack Condominium Association Handicapped Parking Permit will be issued to a unit in the same manner as the first for a second individual who is entitled to use handicapped parking, a second licensed driver, and a second motor vehicle all of which must meet the conditions of section 4.6 of these rules and regulations. In no case will any more than two handicapped parking spaces be assigned to any one unit. 4.7 TEMPORARY ON-STREET PARKING 4.7 1 Authorized temporary on-street parking locations are: 1. Bernards Road - South side - between the intersections of 4-34 and 5 Bernards Road parking areas. - between the intersections of Scituate Place and Middlesex Road. - between the intersection of Daniel Webster Highway and the 5 Bernards Road parking area (the gravel emergency access road). 2. Galloway Road - West side - adjacent to 2 Galloway Road. - opposite 3 Galloway Road. 4.7 2 No vehicle will be parked or left unattended in any temporary on-street parking location between the hours of Midnight and 6:00 AM. 4.7 3 The operator of any vehicle that is parked in temporary on-street parking must remain on the premises. This rule will be suspended on the days during which snow removal, repairs, or maintenance of parking spaces is being accomplished. 4.7 4 Any vehicle that is parked or left unattended in temporary on-street parking will comply with the parking restrictions of section 4.5 of these rules and regulations. 8 June 1999 16
4.8 SNOW REMOVAL Society Hill at Merrimack Condominium Association 4.8 1 All owners, residents, and guests will be familiar and comply with the snow removal procedures and will cooperate with the Board of Directors, the Covenants Committee, the Maintenance Committee, the Managing Agent, and contractors. 4.8 2 It is the responsibility of the vehicle owners to be aware of impending snow removal operations and the need to relocate vehicles per the snow removal procedures of section 4.9 of these rules and regulations. 4.8 3 Any vehicle that impedes snow removal is subject to immediate towing at the expense of the owner and without prior warning or notice. The authority to tow any such vehicle is specifically delegated to the contractor and the employees or other agents of the contractor. 4.8 4 No vehicle parked in the non-resident/overflow parking lot in accordance with these rules and regulations will be subjected to towing solely because it impedes snow removal from that lot. 8 June 1999 17
4.9 SNOW REMOVAL PROCEDURES Society Hill at Merrimack Condominium Association 4.9 1 The contractor will post a "Parking Space Snow Removal Today" sign by 6:00 AM on the south side of Brunswick Road between its intersection with Galloway Road and its intersection with Scituate Place. Every day the sign is posted parking space snow removal operations are conducted between 8:00 AM and 6:00 PM. Snow removal will be in the order specified as follows, or in any such order as may be warranted by conditions and determined by the snow removal contractor. 1. 5 Bernards Road (Bldg. 21) parking lots 2. 1 Scituate Place (Bldg. 22) side of Scituate Place parking lot 3. 2 Scituate Place (Bldg. 23) side of Scituate Place parking lot 4. 2 Galloway Road (Bldg. 1) parking lot 5. 3 Galloway Road (Bldg. 2) parking lot 6. 92-107 Middlesex Road (Bldgs. 3 & 9) 7. 108-123 Middlesex Road (Bldgs. 4 & 8) 8. 124-139 Middlesex Road (Bldgs. 5 & 7) 9. 141-155 Middlesex Road (Bldg. 6) 10. 77-91 Middlesex Road (Bldg. 10) 11. 61-75 Middlesex Road (Bldg. 11) 12. 45-59 (odd) Middlesex Road (Bldg. 12) 13. 29-43 (odd) Middlesex Road (Bldg. 13) 14. 11-27 (odd) Middlesex Road (Bldg. 14) 15. 2-12 Middlesex Road (Bldg. 15) 16. 14-60 (even) Middlesex Road (Bldgs. 16, 17, & 18) 17. 4-34 Bernards Road (Bldgs. 19 & 20) 4.9 2 Only the snow removal contractor and others expressly authorized by the Board of Directors are authorized to plow snow. 4.9 3 There will be no parking on any roadway at any time during snowfall, roadway snow clearing, and, if necessary, cleanup to open roadways to their full width until the "Parking Space Snow Removal Today" sign is posted. 4.9 4 Temporary on-street parking is permitted in accordance with section 4.7 during the removal of snow from the parking spaces. 4.9 5 During snow removal from the parking spaces, attended vehicles will be permitted to temporarily stand in other roadway locations other than those authorized by section 4.7 so long as travel lanes are not obstructed, access is not restricted, nor snow removal operations impeded. At no time will vehicles be permitted to temporarily stand in those locations for which such permission is expressly prohibited by section 4.5 of these rules and regulations. 4.9 6 Vehicles that are parked in the roadways in compliance with these rules and regulations, including the snow removal procedures, as well as attended vehicles that are temporarily standing in the roadways in compliance with these rules and regulations, will not be subject to towing while the removal of snow from the parking spaces is in process, as long as said vehicles are not in violation of any other association rule. 8 June 1999 18
5. RECREATION 5.1 FACILITIES 5.1 1 The Condominium's recreational facilities include a clubhouse, a pool, and two tennis courts. These facilities are available for the use of owners and residents in good standing with the association as well as their guests. 5.1 2 Owners and residents are required to sign-in and accompany guests while they use the recreational facilities. 5.2 TENNIS COURT 5.2 1 Only tennis or court shoes are allowed on the courts. 5.2 2 No pets are allowed within the fences. 5.2 3 The courts are restricted to the play of tennis. 5.2 4 A maximum of two hours per game is allowed when others are waiting to use the court. 5.2 5 Climbing of the fences is prohibited. 5.3 SWIMMING POOL 5.3 1 The pool attendant has full authority to enforce the pool area rules and regulations. The pool area is defined as any area inside the fence including the pool deck and the swimming pool and those portions of the clubhouse accessible from those areas. Compliance with the pool area rules and regulations is mandatory. Violation of the pool rules and regulations will result in a warning. Subsequent or continued violations will result in a demand that the owner, resident, or guest leave the pool area. The owner, resident, or guest will immediately comply. 5.3 2 All owners, residents, and guests over twelve years of age must sign in when entering the pool area. The first time any owner, resident, or guest over twelve years of age enters the pool area in any given pool season, that individual must sign a statement attesting to having read, understood, and agreeing to comply with section 5.3 of these rules and regulations. 5.3 3 No individual under the age of twelve will use the pool unless a parent or guardian is present. 5.3 4 A pool attendant will be on duty whenever the pool is open. The pool will be closed and will not be used when a pool attendant is not on duty. The pool attendant is not a lifeguard. 5.3 5 Diving and jumping into the pool are prohibited. 5.3 6 Boisterous rough play and running are not permitted in the pool area. 5.3 7 Persons with a communicable disease will not be permitted to enter the pool. 5.3 8 Pollution of pool water is not permitted. 5.3 9 Food is not permitted in the pool area. 8 June 1999 19
5.3 10 Non-alcoholic beverages are permitted. They must be in plastic or aluminum containers (no glass) and must be kept five feet from the edge of the pool. Drinks are not permitted in the pool. Alcoholic beverages are not permitted on the deck or in the pool. 5.3 11 No child wearing disposable diapers is allowed in the pool. Cloth diapers with rubber pants are acceptable. 5.3 12 No more than four guests per unit will be allowed to use the pool. The first guest is free. Remaining guests are charged $3.00 per person. 5.3 13 Portable audio equipment is allowed. Ear phones are recommended. If ear phones are not used, the volume must not be disturbing to other pool users. 5.3 14 No flotation devices other than child protective devices are allowed. Any flotation device may be prohibited at the sole discretion of the pool attendant. 5.3 15 Pets and other animals are prohibited in the pool area. 5.3 16 The pool will be used only during the hours established by the Board of Directors and only while a pool attendant is present. 5.4 CLUBHOUSE 5.4 1 Rental of the clubhouse must be scheduled through the Managing Agent. The owner or resident will inform the Managing Agent of the time the clubhouse will be in use including set-up, function hours, and clean-up. 5.4 2 A clubhouse rental agreement must be signed by the owner or resident prior to the rental of the clubhouse. Any non-owner resident must have a sponsoring owner also sign the agreement in order to rent the clubhouse. 5.4 3 There will be a non-refundable fee of $35 for the rental of the clubhouse. An additional, non-refundable fee of $15 will be assessed for the use of the clubhouse fireplace. 5.4 4 A refundable $250 security deposit will be collected. Arrangements to obtain a key to the clubhouse must be made with the Managing Agent. At the time a key is secured, a walk-through will be conducted so that the owner or resident can ascertain the current condition of the clubhouse facilities prior to their use. 5.4 5 Arrangements to return the key must be made with the Managing Agent. After the return of the key, the clubhouse will be inspected by the Managing Agent. The deposit will then be refunded subject to a deduction for any cost incurred by the association for clean-up or repair to restore the clubhouse to its condition prior to rental. The owner or resident renting the clubhouse will be responsible for any and all associated costs, and will be billed for any costs incurred that exceed the deposit amount. 5.4 6 The owner or resident renting the clubhouse is responsible for the actions of all individuals who attend the function. Only legal activities will be undertaken in the clubhouse. 8 June 1999 20
5.4 7 No signs, banners, announcements, balloons, ribbons, decorations, or other such items associated with a function at the clubhouse will be permitted to be posted or displayed anywhere on the property. This exclusion also prohibits the posting of directional signs other than those already posted by the association. Interior decorations are permitted at the clubhouse, as are exterior decorations at the main entrance to the clubhouse. 5.4 8 The owner or resident who rents the clubhouse will ensure that the clubhouse is cleaned according to the schedule provided to the Managing Agent. The cleaning will include the kitchen and bathrooms as well as the general function area. 5.4 9 Clubhouse rental does not include access to the association office, the pool area, or any of the equipment rooms. 5.4 10 The owner or resident renting the clubhouse will ensure that the function does not disturb other owners, residents, or guests and will further ensure compliance with all rules and regulations, including parking, as well as any and all special conditions set forth in the clubhouse rental agreement. 5.5 RECREATIONAL USE OF ROADWAYS AND PARKING AREAS 5.5 1 The Covenants Committee and Board of Directors reserve the right to restrict recreational use of the roadways and parking areas as well as the individuals who may participate. 5.5 2 Recreational use of the roadways and parking areas by children under twelve must be under the supervision of an adult at all times. 5.5 3 Drivers are reminded to watch for recreational users of the roadways and parking areas. Recreational users of the roadways and parking areas will yield to motor vehicles. 5.6 RECREATIONAL USE OF LAWNS 5.6 1 The Covenants Committee and Board of Directors reserve the right to restrict recreational use of the lawns as well as the individuals who may participate. 5.6 2 Lawn games and toys may be used on the lawns but must be removed immediately after each use. Care will be taken to ensure that lawns are not damaged due to their use. The owner or resident assumes all liability and the unit of the responsible owner or resident will be assessed for the repair of any damages. 5.6 3 No items will remain in the common area during periods of lawn maintenance or sprinkler operation. 5.6 4 Lawn games, ball games, and other recreational activities in the lawn areas will be conducted at least twenty-five feet from any building. 8 June 1999 21