SAKURA GARDENS CONDOMINIUM ASSOCIATION ARCHITECTURAL RULES AND REGULATIONS THESE ARCHITECTURAL RULES AND REGULATIONS ( Rules ) are adopted this day of, 2004 by the Board of Directors of Sakura Gardens Condominium Association ( Association ) and shall be effective on, 2004. These are an amendment to the original said ARCHITECTURAL RULES AND REGULATIONS previously set forth in the year 2003. WHEREAS, Sakura Gardens Condominium was created in 1966 and now exists subject to the Missouri Uniform Condominium Act, Sections 448.1-101 to 448.4-120, RSMo. ( Act ), by virtue of the Restatement of Sakura Gardens Declaration of Condominium as recorded on December 2, 1999 in Book 12370, Page 2150, as amended by the instrument recorded on March 16, 2000 in Book 12480, Page 1725, of records of St. Louis County, Missouri, as may be amended ( Declaration ), and the By-Laws of Sakrua Gardens Condominium Associaotn, unrecorded ( By-Laws ) and WHEREAS, the Association, acting through the Board, is authorized to adopt rules and regulations as provided in Section 448.3 102.1 (1) of the Act and Section 8.5 of the Declaration, after notice and opportunity to comment for the Owners; and WHEREAS, from the date the Condominium was created, Owners have been required to obtain prior consent of the Board before altering the exterior appearance of their Units or Common Elements of the buildings compromising their units; however, enforcement of this requirement by the Board has not been consistent in the past, resulting in unauthorized alterations and uncertain status of such alterations that may be requested in the future; and WHEREAS, the Board recognizes that enforcement of past unauthorized alterations is not feasible, but the Board desires to create certainty in the future and preserve an attractive exterior appearance for the units and buildings by diligent enforcement in the future of Section 3.4 of the Declaration which states, No Owner shall alter the appearance of the Common Elements without prior written consent of the Board, and WHEREAS, the Board deems it in the best interests of the Condominium community as a whole, to preserve the architectural design and integrity of the exterior appearance of the buildings and to foster property values within the Condominium community, to adopt reasonable regulations and specifications relating to alteration of the Common Elements, as more particularly set forth herein below. NOW THEREFORE, the Board adopts the following Rules: 1
1. General Provisions. These Rules governing alteration of Common Elements are intended to serve the best interests of the Condomininium community as a whole by preserving the architectural design and integrity of the exterior appearance of the Condominium and by fostering property values within the Condominium community. (a) (b) (c) (d) (e) (f) Applicability. These Rules shall be effective upon the Effective date set forth on page 1 above and shall apply to events and circumstances occurring after the effective Date. Prior to this new effective date all previous Architectural Rules and Regulations will reside as set forth in 2003. Enforcement of any preexisting unauthorized alteration that would not be permitted under these Rules is waived, unless not in compliance with prior Rules set forth, provided that any future alteration of the same component shall be made only in accordance with these Rules. The Board shall attach hereto a list identifying preexisting unauthorized alterations of which the Board has actual knowledge on the date of final adoption of these Rules. Form of Application. Wherever these Rules call for an Owner to make application to the Board for prior written approval, the application form(s) attached hereto shall be used. An application shall not be deemed complete until all appropriate and relevant information is provided. Board Decision. The Board shall approve or reject an application for alteration in writing, within thirty (30) days after receipt of a complete application, unless extended for an additional thirty (30) days for reasonable cause. A notice of rejection shall state the reasons for rejection, and may state recommendations for a resubmission of the application. No Warranty. Approval by the Board of any applications shall not be construed as any express or implied warranty of design, materials, workmanship, suitability or performance by the Association. Availability. Approval to any said unit owner shall not be deemed as approval to any subsequent unit owner of that said unit unless requested and approved in writing. Compliance. Initial approval, if granted, does not continue through complete of the project if any alterations and/or additions to the original request are made. The Board has the authority to discontinue completion of project through legal channels and or fines, all which will payable by owner of record to said unit. 2
(g) Enforcement. These Rules shall be enforceable by fines and other penalties, by injunction, and by all other relief and remedies contained in the Act and Declaration. 2. Doors and Windows. The doors and windows are part of each Unit as provided in section 3.1(a) of the Declaration and each Owner is responsible for the maintenance, repair and replacement of the doors and windows as provided in Section 3.1(d) of the Declaration, and the Association is responsible for painting the exterior surfaces of the doors and windows as provided in Section 3.3(e)(2) of the Declaration. As the doors and windows degrade with age and required maintenance, repair and replacement in the future, such actions shall be subject to the following provisions. Replacement of doors and windows shall be of the same type as original, which shall not require prior written consent of the Board, provided that the Owner shall give the Board written notice of such intent at least seven (7) days before the work is to be commenced. No Owner shall replace any door or window in his Unit with a style other than the original unless the original is no longer reasonably available, in which case the Owner shall apply to and obtain prior written consent of the Board. (a) Windows. The following specifications apply to approved window replacements: Type: Sliding windows thermal glass or single glass with sliding storm window. Or double hung (up & down windows) Type and style must be consistent with the majority of windows in that building (see Exhibit C for existing types of sliding windows). Construction: vinyl. Color: Tan or white. finish No muntins or mullions (stripes that give the appearance of multiple panes of glass). (b) Front Doors of Town House Units. The following specifications apply to the replacement of front doors on town house type of Units: Type: Solid exterior grade single-door with a single side lite (stationary window); 3
Slab (smooth) or six-panel Options: window opening must be only of an arched top, as in only of a small half circle at the top of door, and only of the six-panel type. Window may not have any muntins or mullions (strips that give the appearance of multiple panes of glass), except that of beveled glass and or leaded beads (leading may only be in the shade of silver or brass) Construction: wood, metal or fiberglass. Color: The Board is responsible for painting the exterior surface of the door and shall determine the color of the exterior surface, provided that all doors in the same building shall be the same color. If the Owners within a building so desire, they may determine the preferred color for their building by approval of the majority of the Owners in that building (each Unit having one vote of equal weight), consistent with the overall color scheme for the community as determined by the Board. (c) Storm Doors of Townhome & Stacked Units The following specifications apply to replacement or addition to storm doors of townhomes or stacked (apartment) units: (1) Only permitted for exterior use, interior doors of stacked (apartment) units will not be permitted to install storm doors. Type: No etching, mullins, beveling or stained glass in the main portions of the door will be allowed. Only parameter etching or beveling will be permitted. Construction: aluminum, vinyl or fiberglass Color: white,tan or aluminum (d) Outside Doors of Stacked Units. The following specifications apply to replacement of outside doors of stacked or apartment Units: (1) Five-Foot (5 ) Door Openings: Type: sliding door or French doors 4
Construction: aluminum, vinyl or fiberglass Color: Mill (aluminum) finish, tan or white. (2) Thirty-Inch (30 ) Door openings (applicable to 507/500 buildings only) Type: single door. Construction: wood, metal or fiberglass 507 Building: door must have a diamond-shaped clear window that matches diamond-shaped windows in existing doors. 500 Building: door must have a clear square-shaped window that matches square shaped windows in existing doors. Color: determined in same manner as Section 2(b) above. IN WITNESS WHEREOF, the Board of Directors of Sakura Gardens Condominium Association, after affording notice and opportunity to comment for the Owners, and by its authorized officers, adopts the foregoing Rules on the date and year as first above written. SAKURA GARDENS CONDOMINIUM ASSOCIATION, a Missouri nonprofit corporation By: President Attest: Secretary 5
Exhibit A NOTES AND CONDITIONS 1. Review of Applications from an Owner with delinquent assessments account will not be initiated until the account is current. 2. No work on the Alteration shall commence until written approval is granted by the Board. 3. Applicant is responsible for meeting all local governmental codes, ordinances, and for identifying any buried utility lines in the event of excavation. 4. Issuance of a permit by local government does not waive the requirements of the Declaration or the Associations Architectural Rules. 5. Once an Application is approved, work shall be completed within the approved schedule. 6. Applicant and his/her contractors and employees shall not interfere with any other Units, and shall not park any vehicle in a manner that may obstruct the streets, sidewalks or other unit owners. Any such vehicle that is improperly parked may be towed by the Association, at the Applicant s expense, after diligent effort to notify and afford an opportunity to move the vehicle. 7. Applications for changing the exterior color or material shall be accompanied by a sample. 8. Approval of this Application by the Board shall not be construed as any express or implied warranty of design, materials, workmanship, suitability or performance by the Association. 9. Applicant shall keep the site free of all debris and trash, and shall promptly remove an dirt, mud or other materials from the parking areas and/or common areas of the community. Special arrangements may be made with the Board and the community s current waste management company for disposal of any job related debris. 10. This application may be approved with preconditions, including a copy of insurance, furnishing a deposit or bond to secure completion of the project, and repair and restoration of any damaged areas and other preconditions. In such event, no work on the alteration may commence until all such preconditions have been satisfied. 6
11. In the event the Board requires any additional information, the Application will be deferred until all such information is received. 12. In the event the Board deems it reasonable or necessary to retain the services of an independent architect or engineer to assist in review of the Application, the applicant shall be responsible for payment of such fees, which may be requested prior to start of the review process. (i.e.: Including but limited to the removal of any load bearing wall(s).) 13. Misrepresentation of any item in this Application, orally or written, may void any approval. 14. Any deviation from approved plans and specifications must be approved by the Board. 15. Any violation of the above conditions, or any condition attached to approval of the Application, may result in imposition of monetary penalty after notice and opportunity to be heard. 7