EXHIBIT D BARTLETT COMMON CONDOMINIUM RULES AND REGULATIONS Adopted by majority vote of the community at a Special Meeting held on June 13, 2007. The Condominium Rules and Regulations are adopted for the benefit of the owners of units at Bartlett Common Condominium. They are intended to contribute to preserving the clean and attractive environment and to assure the peaceful enjoyment of the Condominium. They are also intended to protect and enhance the value of the Owner s property. All residents of the condominium and their guests, vendors, tenants, contractors, etc. are expected to abide by these rules. References herein to Association shall mean the Bartlett Common Condominium Association. References to the Board shall mean the Declarant of the Condominium, its successors and assigns, until such time as control of Association is turned over to the Association at which time it shall mean the Board of Directors of the Association, or their designee, the President, or the Association respectively. These rules are intended to supplement and not supersede the provisions of the Bartlett Common Declaration of Condominium and By-Laws. 1) Use of Units. Units shall be used for single family residential purposes only. No business activities shall be conducted in any Unit except that a professional office may be maintained therein, provided that no employees are engaged to perform business activities therein, that no advertising is done that mentions the Units or its Street address, and that no services to clients, customers or patients are performed on the premises. 2) Common Areas. There shall be no installation of furniture or fixtures such as swing sets, swimming pools of any kind or size, clothes lines, clothes poles, clothes racks, sandboxes, lawn ornaments, basketball hoops, badminton or volleyball nets, or any other structures, furniture or equipment on lawn areas in the Common or Limited Common Areas. No personal articles shall be allowed to remain unattended in any part of the Limited Common or Common Areas, including but not limited to, bicycles, scooters, baby carriages or similar vehicles or toys. Outdoor grills are allowed on decks or patios only. 3) Plantings. Flowers (consisting of bulbs, annuals and perennials), as planted or erected by Unit owners are permitted only in the mulched Limited Common Areas of Units. Any other 1
planting or changes in the landscape design require the express permission of the Board. Vegetables may be planted, but only in the rear of the unit within the mulched Limited Common Area of the Unit in an area not to exceed ten (10) feet in length. TREE PLANTING POLICY (June 1, 2004) Request Process: Before planting a tree or trees, owner must contact the Board of Directors in writing (via Management) for written approval. Owner must provide the Board with: Species of tree (s) to be planted Location of tree (s) with design layout showing location with regard to house and neighbor Additional guidelines: Tree must be of very good quality and mature enough to survive. Therefore, trees must be at least 2 inch caliper. Anything smaller will have a hard time thriving and will take many years to reach a reasonable height. Before planting the tree, owner must call Dig Safe, a free service that will look at planting location and mark all utility lines, such as phone, cable, gas, irrigation, etc. Owner must also consult with the board on the community as-built plan to ensure that no critical lines are dug up. Tree must be planted at least 20 feet from foundation of house. There must be at least 52 inches of grass in all directions from tree ring so that mowers can pass by without running into the tree or the house. (Note that Landscapers mowers are typically 48-52 inches wide.) If an owner wants to plant a tree within 20 feet of a neighbor's house, or if that tree will block the view of a neighbor, requester must get that neighbor's consent in writing At planting, the tree ring on the ground has to be at least 4 feet in diameter and mulched. If a spruce is planted, then the tree ring should be 4 feet 8 inches (additional 3-4 inches all around for drip line. As the spruce grows, the tree ring must be dug out and expanded to meet drip line. Owner agrees to care for tree (fertilize, water, prune) and to be responsible for the immediate removal of any dead tree limbs or to remove a tree that has died. 2
Recommendations/prohibited plantings: The board is providing a list of recommended and prohibited trees. If you want to plant a tree that s not on either list, please contact the board. Recommended species: single-stem trees with good growth habits, such as Bradford pear, Katsoura, dogwood, blue spruce, magnolia, Kwanzan cherry (no fruit), silver bell (both pink and white varieties), the thornless varieties of hawthorns, Coralburst and Summer Snow crabapple (no fruit), redbud, and small leave linden. If you want to plant a decorative tree at the edge of your property line (at the edge of the forest or a wetland area), the Amelanchiers (serviceberry or juneberry) are an excellent suggestion. They are very colorful in early spring and a major attractor of birds. In general, do not plant fruit-bearing trees, trees with excessively tough leaves, or trees that sprawl or weep. Do not plant Crimson King maples (inconsistent growth habits, hybrid, invasive); swamp maple (grows fast but is very weak tree); crab apples (fruit litter); any tree that requires extensive pruning and shaping; or any tree that requires a lot of water. For example, a sycamore is a water-seeking tree, and will suck all the water from the lawn and any water lines within 25 feet of the roots. Ornamental shrubs and small trees should be used only for foundation plantings, within the 10 foot limit. Only single-stem 2 inch caliper trees can be planted outside the 10-foot limit. 4) Sprinkler System and Watering of Lawn. Each unit owner shall be responsible for the irrigation of the front lawn appurtenant to his unit to which his sprinkler system services. Each unit owner shall supply adequate water during the dry season to maintain the lawn in an aesthetically pleasing condition and so as not to detract from the surrounding common areas. Each sprinkler system shall operate on a set schedule to be determined and controlled by the Board of Directors (First Amendment, 12 October 1999). 5) Septic systems. The septic tanks shall be pumped at regular intervals in order to insure proper operation of the leach fields. The Board shall rely on expert advice to determine a reasonable schedule for pumping intervals and shall publish and distribute that schedule to unit owners each year with the January statements. 3
6) Pets. No animal of any kind shall be raised, bred, or permitted in any Unit, Limited Common or Common Area~, except that birds, dogs and cats shall be permitted as household pets. No resident shall have more than two (2) household pets in total (i.e. one of each or two of one type). No animals are to be kept, bred or maintained for any commercial purpose, all must be housed within the Unit, and all must abide by all applicable Rules and Regulations. No outside dog pens, runs, or yards are permitted. The Association bears no responsibility or liability with respect to injury, damage, loss, or death of or to any pet anywhere on/or within the Condominium. Each Unit Owner keeping any household pet(s) indemnifies the Association and each of its members and hold them harmless against any loss or liability of any kind whatsoever arising from or growing out of keeping of household pet(s). Neither dogs nor cats may be in the Common or Limited Common Areas, unless carried or on a leash. All residents shall remove their pet waste from the Common and Limited Common Areas. The Unit Owner of any pet causing or creating a nuisance or unreasonable disturbance, generating three or more separate complaints, must appear before the Board of Directors. In addition to the fines which may be levied by the Board for violations of these Rules and Regulations, the Board upon hearing after receiving three separate complaints may compel the removal of the offending pet from the Condominium. 7) Parking. (Amended 12 October 1999) Residents are required to park their vehicles in their garages and may park vehicles in their driveways. Overnight parking on the Street i5 not permitted. The Board may grant permission, in advance, for Unit Owners and their guests to park any registered operating vehicle, outside, overnight, in parking areas specifically designated for that purpose. Registered boats, trailers or other equipment may not be stored in the Limited Common Area of a unit and must be parked in the garage. Repair or dead Storage of vehicles, boats or equipment including, but not limited to, recreational and commercial vehicles, cars, boats, motor scooter, trailers, motor homes, and trucks, is not permitted on Condominium property. After 24 hours notice to remove such vehicles or equipment, the Association shall have the right to remove such vehicle or equipment at the expense of and liability of the responsible Unit Owner. 8) Speed Limits. 4
The speed limit on Condominium Streets is 25 miles per hour. 9) Hobbies. Unit Owners shall not conduct hobby activities on the Common Areas and shall limit hobby activities on the Limited Common Area to those activities that can be fully removed from the Limited Common Area during the nighttime periods. 10) Antennas. Exterior radio or television antennas may be erected only after written approval of the design and location has been obtained from the Board. Small satellite dish antennas shall be allowed subject to written approval of the location by the Board. 11) Temporary Structures. 12) Trash. 13) Noise. No temporary structures, trailers, tents, sheds, playhouses and the like shall be permitted in or about the Limited Common or Common Areas. Deleted by First Amendment dated 12 October 1999. The close proximity of living areas dictate that common sense, good judgment and consideration should be used by residents and their guests at all times. Any activity which, by its nature, violates this shall be deemed a violation of these Rules and Regulations. Electronically amplified sound that can be heard beyond the boundaries of the Limited Common Area of the Unit where it is generated, between the hours of 10 p.m. and 7 a.m., shall be a violation of this rule. 14) Nuisance. No short wave, citizens band or other amateur or commercial radio operation that interferes with any other Unit Owner s TV or radio reception is permitted. 15) Solicitation. 5
No advertising including but not limited to, pamphlets, free newspapers or other free printed matter of any kind shall be distributed to Units. No soliciting, peddling, or door to door canvassing of any nature whatsoever shall be permitted in the development. Delivery of paid newspaper subscriptions and Association materials is permitted. Occupants of Units who are agents for commercial interests shall not solicit in person or by telephone within the Condominium. 16) Building Exteriors. No Unit Owner shall change or modify any part of the exterior including but not limited to the vinyl siding and aluminum trim system, roofing, decks and deck skirting, and doors and windows without the express prior written permission of the Board. Bird feeders or birdbaths must be located within the limited common area of a unit and be approved by the Board. 1. Approval Procedures: Bartlett Common Condominium Portable on Demand Storage Container ( PODS ) Policy 1.1. Portable on Demand Storage Containers ( PODS ) may be used at Bartlett Common Condominium subject to the conditions of this policy. 1.2. Prior to the delivery of any POD container, a Unit Owner must submit a request to the Board of Directors for review and approval. 2. POD Guidelines: 2.1 Only one (1) POD is allowed per unit ay any one time. 2.2 The size of any POD container is limited to the width and length of one (1) parking space. 2.3 The POD container must be located in the driveway to the unit. 2.4 The POD container cannot extend into any roadway or placed on the grass or landscaped areas. 2.5 The POD container may be located at the Association for a maximum of five (5) days. 2.6 The Unit Owner shall be responsible for the cost to repair any damage to the common or limited common areas resulting from the POD container. 3. Enforcement Procedures: 3.1. The Board of Directors reserves the right to remove any POD container in violation of the Bartlett 6
Common Condominium POD Container Policy presently in effect and as amended. 3.2. The unit owner acknowledges and agrees to pay for all costs incurred by Bartlett Common Condominium in the enforcement of the POD container Policy pertaining to said unit owner s property. Approved by the Bartlett Common Condominium Board of Directors on October 11, 2006. 17) Signs/Protrusions. No sign, plaque or communication of any description shall be placed on the exterior of any Unit or in any Limited Common or Common Area, by a Unit Owner including, but not limited to, For Sale, For Rent, For Lease, Welcome, Owner Names, Hex Signs, or any other sign or window displays, nor shall advertising be maintained or permitted on any part of the Unit. No sign, including, but not limited to, notices, advertisements, flags, banners, posters or the like shall be inscribed or exposed on or at any window or other part of any Unit, nor shall anything be projected out of any window in a Unit without approval of the Board. Exterior shades, including but not limited to awnings, window guards, window boxes, ventilators, fans and air conditioning devices are prohibited. Signs maintained by Declarant in connection with its sales activities are approved until all units have been sold by the Declarant. 18) Contractors. All contractors doing any kind of work at the Condominium for the Association or for a Unit Owner must provide an Insurance Certificate to the Board prior to commencing any work. 19) Agreements. Contracts. Deeds. Checks. etc. All agreements, contracts, deeds, leases, checks and other instruments of the Condominium Association shall be executed by two (2) officers of the Association or by such other persons or person as may, in writing, be designated by the Board of Directors. 20) Insurance. No Unit Owner shall use his Unit in such a fashion as to result in the cancellation of insurance maintained by the Association on the Condominium or in any way increase the cost of such insurance. Uses resulting in an increase in premiums may be made by specific prior arrangement with the Board providing the payment of such increase insurance costs will be made by the Unit Owner concerned. 7
21) Mortgage Notice. A Unit Owner who mortgages or refinances his Unit shall notify the Association of the name and address of his mortgagee or lending institution. 22) Notice of Unpaid Common Charges. The Association, whenever so requested in writing by a mortgagee or lending institution of a Unit, shall promptly report any then unpaid common charges due or any other violation of the provisions of the By-Laws or the Rules and Regulations by the Owner of the mortgaged Unit. 23) Notice of Default. The Association, when giving notice to a Unit Owner of a default in paying Common charges or fines resulting from violations of the provisions of the By-Laws or these Rules and Regulations, must send a copy of such notice to each holder of a mortgage on such Unit whose name and address has previously been furnished to the Association. In the event of such a default the Unit Owner shall b obligated to pay interest of one and one half (1-1 /2)% per month from the due date, together with all expenses, including attorney s fees, incurred by the Association in any proceeding brought to collect such unpaid Common charges. 24) Payment of Common Charges. All Unit Owners shall be obligated to pay the Common charges assessed by the Association monthly, payable in installments as determined by the Board of Directors. A ten (10) day grace period will be allowed on each payment before late fees are levied. (First Amendment, 12 October 1999) 25) Leasing. Permission to lease a Unit shall be secured from the Board subject to the following: A. Condominium fees and any fines are current for the Unit. B. A copy of the Declaration, the By-Laws and the Rules and Regulations have been delivered in writing to the Tenant(s) who shall agree, in writing, on a form provided by the Association to abide by them, or be subject to eviction by the Association. C. A provision in any Lease that the Unit Owner and the Tenant shall be jointly and severally liable to the Association for damages caused by the Tenant s breach of the 8
By-Laws or these Rules and Regulations, which damages shall specifically include the Association s legal costs and fees in enforcing the By-Laws or Rules and Regulations against the Tenant and/or Unit Owner. D. No more than ten (10) percent of the total Units which have been completed shall be rented at any one time. The Association shall maintain a record of all Unit Owners who wish to rent their Units, and they shall be granted permission on a first-come first-served basis. E. The Unit Owner must provide a copy of the Lease to the Board before the Tenant takes occupancy. F. Unit Owners must notify the Board in writing of the date of commencement of the Lease and the Unit Owner s new mailing address and phone number. G. All Leases shall be for a term of no less than six (6) months. H. Sub-leasing or sub-letting shall not be permitted. I. Eligibility to lease or rent shall lapse if the Unit has been vacant for a period exceeding sixty (60) days after permission to lease is granted, and if there is any Unit Owner on the waiting list, or if the Unit Owner resides in said Unit for a period of sixty (60) consecutive days after permissions to lease has been granted. J. Units may be leased for residential use only. In no event may a Unit be used as a hotel, motel, boarding house, or the like. K. Upon lease of their Unit, Unit Owners transfer their rights to the use of Common Areas or Facilities for the term of the lease. 26) Enforcement. A. Reports of violations shall be made to the Board. B. A violation report must be completely filled out and signed or the complaint will not be considered. C. A violation repost must contain the following information: Offender s name: Address: Violation location: Date and Time of violation: Description of the violation: Reporter s name, phone number, address, signature. Other witnesses names, addresses, phone numbers. 9
D. The Reporter must be prepared (and may be required) to appear at a hearing to testify about the complaint if requested by the accused/offender. E. The Board shall give written notice of every reported violation to the alleged offender by mail to/at his/her then listed address by US first class, registered or certified mail, postage paid, with a copy of the complaint and any fine assessed. F. The alleged offender may pay the fine assessed, if any, and the matter shall be closed. G. The alleged offender may request a meeting with the Board which shall be held on a mutually acceptable date within 30 days of the date of the notice. H. If, that meeting does not produce a mutually satisfactory result, either party may request that the matter be brought before the Board of Directors who shall schedule a hearing with 30 days. I. At the hearing the Board of Directors shall: 1. Afford the alleged offender the opportunity to review the reported violations and to express his/her position and have the Reporter appear at the hearing to discuss the notice and to respond to any questions from the Board of Directors or the alleged offender. 2. Render a decision. (Failure of an alleged offender to appear at the hearing or to provide an explanation of his/her position shall not prohibit the Board of Directors from taking action.) 27) Disputes between Unit Owners, or Between Unit Owners and the Association. There are three steps in resolving disputes, which are: A. The parties shall directly confer. If they are unable to resolve disputes within 15 days, then; B. The parties shall mediate any problems using a neutral third party to assist. C. Should mediation fail to resolve the issue within 30 days the parties shall submit said dispute to final and binding arbitration. Any initial costs associated with this step shall be shared equally. The terms and conditions of arbitration shall be mutually agreed upon prior to commencement of the proceedings. All costs of this arbitration shall be born by the loser, or if there is no loser the costs 10
shall be shared equally. 28) Fines. A. The Board shall impose and assess fines against a Unit Owner as a method of enforcing the Condominium Declaration, By-Laws, and Rules and Regulations. Fines may include, but are not limited, to daily fines for continued violations. All unpaid fines shall be a lien on the Unit charged. All fines are due and payable within thirty (30) days of a final ruling. All fines collected shall be placed in the Association s general fund. B. Schedule of fines for each violation. Violations of use restrictions, including non-permitted tenants, commercial use of a Unit, and intentional damage to Common Areas or Facilities, $50 per occurrence or per day. All other violations $25.00 each. 29) Additions/Alterations. After receiving approval from the Association, any Unit Owner undertaking the building of an addition requiring soil excavation and/or the pouring of concrete walls and footings, shall deposit with the Condominium Association the sum of $25,000.00 as surety for the restoration of all paved surfaces, underground utilities, irrigation systems, and landscaping to their respective original conditions. These funds shall be placed in a non-interest bearing account. Upon satisfactory completion of the work, and satisfactory inspection by the Association, 80% of the deposit or $20,000.00 will be returned to the Unit Owner. The Association, shall retain the remaining 20% or $5,000.00 of the deposit for a period of 12 months from the date of satisfactory completion, as a maintenance surety. If the restoration remains in as good as original condition after 12 months, the remaining deposit balance will be returned to the Unit Owner. If the restoration degrades within the 12 month period the Association shall use the funds to repair the restoration to as good as original condition. Any unused portions of the deposit will be returned to the Unit Owner. Conversely, if the restoration costs exceed the deposit amount, the Unit Owner will be liable for any such amount. No interest will be paid on any deposit, and the Association Treasurer will maintain individual accounts for all such deposits. 11
30) Equal Protection. The Association shall not, in the exercise of any duties or powers hereunder, discriminate against any person because of his or her race, age, religious creed, color, national origin, sex ancestry or marital status. 31) Amendments. These Rules and Regulations may be amended or revised at any time by the Association at a meeting called for that purpose in accordance with the provisions of the By-Laws. A quorum for this purpose shall be 25% of the Unit Owners in person or by Proxy. A majority of those voting shall be sufficient to pass an amendment. 32) Precedence of Documents. In the event of a conflict of law, Federal law prevails over State law (for example antidiscrimination and telecommunications law), State law (particularly RSA 356 B which regulates Condominiums) prevails over the recorded Bartlett Common Condominium documents (Declaration, By-Laws, and Plans), and said Declaration, By-Laws and Plan take priority, in the case of conflict, over these Rules and Regulations. END 12