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HUNTERS CROSSING HOMEOWNERS ASSOCIATIONRULES & REGULATIONS

TABLE OF CONTENTS

PageSECTION 1 INTRODUCTION, AUTHORITY AND DEFINITIONS

2

SECTION 2 COMMON AREAS

2

SECTION 3 ARCHITECTURAL CONTROL COMMITTEE

3

SECTION 4 EXTERIOR ALTERATIONS AND RESTRICTIONS

3

SECTION 5 EXTERIOR MAINTENANCE AND SNOW REMOVAL

6

SECTION 6 PETS

6

SECTION 7 PARKING

7

SECTION 8 WASTE REMOVAL

8

SECTION 9 INSURANCE

9

SECTION 10 SALES AND LEASING

9

SECTION 11 GARAGE, YARD AND ESTATE SALES

10

SECTION 12 GUESTS 11

SECTION 13 PERSONAL CONDUCT AND NOISE

11

SECTION 14 HAZARDOUS MATERIALS, FIREARMS AND FIREWORKS

12

SECTION 15 EASEMENT RESTRICTIONS

12

SECTION 16 DWELLING RESTRICTIONS 13

SECTION 17 PENALTIES 13

1Effective 1/1/20018

SECTION 18 REGISTRATION, MANAGEMENT AND DUES 16


SECTION 1AUTHORITY AND DEFINITIONS

1.1 Introduction

The goal of the Rules and Regulations is to provide reasonable and practical guidelines for the residents of the Association. Please take the time to familiarize yourself with the Rules and Regulations.

The Rules and Regulations are an important part of preserving property values and promoting enjoyment of the homes by all Owners and Residents, as well as safety and convenience. All Owners and Residents of the Association are obligated to comply with the Rules and Regulations and all other governing documents pertaining to the Association. Owners’ family, guests, visitors and lessees are also responsible for compliance with the Rules and Regulations. Owners shall be responsible for providing applicable individuals with a current copy of the Association’s Rules and Regulations.

1.2 Authority The Association’s Board of Directors has the authority to amend, revoke or establish new rules. Reasonable notice of any amendment or revocation of a rule, or establishment of a new rule will be given before such amendment, revocation or rule takes effect. In the event of a conflict between the provisions of the Rules and Regulations and the provisions of the Association’s Declaration or Bylaws, the terms of the Declaration or Bylaws (as applicable) shall control.

1.3 Definitions For the purpose of the Rules and Regulations, the Board of Directors consists of the Association’s current board of directors. “Dwelling” refers to the living unit situated on an individual Lot subject to the Association’s Declaration. “Owner” is defined as the record owner(s) of the fee simple title of any Lot subject to the Association’s Declaration. A “Resident” is defined as any non-owner occupant of a Dwelling situated on an individual Lot subject to the Association’s Declaration. Unless otherwise defined, the “capitalized” terms used in the Rules and Regulations shall have the


meaning assigned to them in the Association’s governing documents, as amended and/or supplemented.

SECTION 2COMMON AREAS

2.1 Use of Common Areas Common areas consist of all portions of the Property other than the individual Lots as defined in the Declaration. Common areas may include parking lots, tot lots, pools, clubhouses, pool houses, gazebos, recreation areas, picnic areas, ponds, and common lawns. Owners are responsible for damage to common areas due to their actions or negligence or that of their lessees, family, visitors or guests.

Unless otherwise stated, common areas shall be used only during the hours of 8:00am-10:00pm. An Owner or Resident must accompany any guest using the common areas at all times. For health and safety, children under the age of 16 should be supervised by an adult at all times. Ponds are not meant for recreational purposes and there is no swimming, ice-skating, fishing or any other activity allowed in or around the ponds. Owners and Residents shall not place items such as lawn ornaments, swing sets, clothes lines, wading pools, etc. on the common property of the Association at any time. The Association takes no responsibility for anyone using these areas. Any misuse of the recreation areas can result in revocation of privileges and/or fines to the Owner of the Dwelling in which the violator resides or is visiting.

The sole common area of the Association is the center entrance island on Laverne Avenue. The Association also holds easements for the monument signs on either side of the entrance (Lot 1 and Lot 39). Once construction in the neighborhood is complete, responsibility and ownership of the pond and surrounding area will revert to City of Lake Elmo.

SECTION 3ARCHITECTURAL CONTROL COMMITTEE

3.1 Purpose and Authority In order to preserve the natural beauty of the community and for the assurance of consistent quality in architectural design, the Architectural Control Committee will regulate and enforce the terms, conditions,


covenants and restrictions of the Association’s Declaration as it pertains to architectural controls. Unless otherwise provided by the Board, the Architectural Control Committee (ACC) will consist of members of the Board. All exterior alterations require ACC review and approval. A completed application, detailed plans, specifications and related information regarding any proposed alteration shall be submitted to the Board at least 90 days prior to the project commencement of construction. Please contact the Management Company to obtain an application. Review time for the ACC is outlined in the Declaration.

SECTION 4EXTERIOR ALTERATIONS AND RESTRICTIONS

4.1 General Guidelines Exterior alterations require ACC review and approval. These alterations may include siding, roofing, driveways, home additions, decks, sunrooms, seasonal porches, fences, in-ground swimming pools, play structures, basketball hoops, flag poles, lawn ornaments (including fountains) greater than 2.5 feet, patios or any other structure not included in the original construction.

Consent of the ACC to install screen doors or storm doors is not needed. The doors must be consistent with the color, style, quality and condition of the original construction.

Owners are required to obtain all necessary state and local building permits prior to construction. If necessary permits are not obtained, prior Board approval may be rescinded at the Board’s discretion.

4.2 Sheds

Storage sheds that are consistent with the architectural design of the Dwelling will be allowed with ACC review and approval. Sheds must sit on a concrete slab. The finish materials, color scheme, roof slope, and detail must be the same as that of the Dwelling. The size of the shed must be appropriate for the size of the property. Location of the shed on the property must comply with city setback requirements and must comply with all city building/zoning rules and ordinances. Owners are required to obtain all state and local building permits prior to construction.


Prefabricated and aluminum sheds are not permitted.

4.3 Fences

Fences will be allowed with ACC review and approval. A neutral-colored, vinyl-coated, chain link fence is preferred. Fences must be constructed using cedar or better materials. “Green-treated” materials are not permitted. Unfinished cedar fences must be sealed, stained or painted and consistently maintained.

4.4 Satellite Dishes and Antennas

Each home shall be allowed to install one satellite dish of no more than one meter in diameter. The satellite dish shall be installed so as it is not visible from the front of the home. Conventional antennas are to be installed in the home’s attic.

4.5 Window Treatments

Draperies, curtains and blinds or other window treatments, visible from the exterior of the home must be typical window treatments compatible with the community. Temporary window coverings will be permitted for a maximum of 30 days.

4.6 Holiday Lighting and Decorations

Holiday lights and decorations may be temporarily displayed on the Owner’s home, deck, fence, trees and shrubs. Lights, decorations and related fasteners must be removed within 30 days after the holiday concludes.

4.7 Landscaping and Gardens

Changes to landscaping designs and the addition of small gardens may be allowed on an Owner’s Lot with ACC review and approval. Review and approval is not required for minor changes (replacing or changing plants/bushes) to existing garden beds. Owners are responsible for maintaining the original grading and proper drainage for their individual Lot and are not permitted to make changes which may affect the grading and/or drainage of adjacent Lots or common areas.

4.8 Dog Kennels


Dog kennels are not permitted.

4.9 Above-Ground Pools

Above-ground pools are not permitted.

4.10 Clothes Lines

Clothes lines are not permitted.

4.11 Swing sets

Swing sets will be allowed with ACC review and approval. The ACC preference is wooden swing sets. Metal swing sets will be allowed, but must be monitored closely by Owners for safety, aesthetics, and maintenance concerns. Play equipment will be kept neat and orderly in appearance and finish. Play equipment that has fallen into disrepair (i.e. rusted, peeling paint/stain, mildewed, rotting) will be ordered to be removed from the property at the Owner’s expense. If the Owner fails to remove the equipment as directed, the Board will have the equipment removed and all expenses incurred in doing so will be paid by the Owner.

4.12 Egress Window Coverings

Dwellings with egress window wells and no fence enclosing the yard must have an ACC approved window well cover. Covers must sustain the weight of an average adult and not impede the use of the window well for escape and rescue. Covers must be easily removed from the inside and anyone (child or adult) must be able to release and remove the cover to escape without a key or tool. Professionally installed or prefabricated covers made of either metal or plastic are acceptable if they meet the above requirements. Decks may be placed over egress windows provided the window can be fully opened and provides a path not less than 36” in height to the yard.

SECTION 5EXTERIOR MAINTENANCE AND SNOW REMOVAL

5.1 Association’s Maintenance Responsibilities


The Association’s maintenance responsibilities are outlined in Article VI, Sec. 2 of the Declarations.

5.2 Owners’ and Residents’ Maintenance Responsibilities

Owners are responsible for all maintenance, repair and replacement of all portions of their Lot including maintenance of the Dwelling, Lot lawns, individual Lot trees, boulevard trees and lawns adjacent to their Lot, individual Lot shrubs, private driveways and private sidewalks.

Owners are responsible for pest control, lawn care and weed removal. Owners’ Lots, lawns, driveways and sidewalks should be free from debris and unsightly overgrowth of grass and weeds. Driveways shall be kept clean of oil and gas spills.

If at any time, the Board of Directors is made aware of a property that has deteriorated to the point that it is affecting the aesthetics of the community, the ACC will inspect the property and/or Dwelling.

Based on the severity of the deterioration, the homeowner will be given a specific timeframe to make repairs. If the repairs are not made within the allotted time, the Board will be obligated to seek enforcement pursuant to the governing documents.

5.3 Association’s Snow Removal Responsibilities

The Association is not responsible for any snow or ice removal in this community.

5.4 Owners’ and Residents’ Snow Removal Responsibilities

Owners are responsible for snow removal of private driveways, private sidewalks and city sidewalks adjacent to their Lot. Snow removal must be completed within 24 hours after the end of a snowfall event. Owners are also responsible for snow removal and maintaining an accessible area around any cluster mailboxes and fire hydrants that may be located adjacent to their Lot. Following notice of violation to this Rule, homeowners shall be required to come into compliance within 48 hours rather than the 14 days set forth in Section 17.2.

SECTION 6PETS


6.1 General Guidelines Owners and Residents with pets, or pet owners, shall be responsible for caring for their pets in such a way as to keep them from becoming a nuisance to other Owners and Residents. Excessive barking should be strictly controlled by the dog’s owner. Pet owners shall be responsible for cleaning up and properly disposing of solid waste made by their pets. Owners are responsible for any damage to property and grounds, including sod replacement caused by their pet, guest’s pet or lessee’s pet. 6.2 Restrictions

Dogs, cats, small birds, fish and other small, domesticated pets shall be allowed. No exotic pets, livestock, poultry or animals other than those types described in this section shall be allowed in any Dwelling for any length of time. Pets must be housed inside a Dwelling. Other quarters, such as dog runs, kennels or doghouses outside of a Dwelling, are not permitted. Tethering or leashing of pets to a bush, tree, gas pipe or building structure including, but not limited to, entry and patio areas, and other areas is not allowed. Pets shall be on a leash and under the direct control of their owner at all times when they are outside of the pet owner’s Lot. For the purpose of the Rules, a pet contained within a fenced yard or electronic fenced yard is considered to be under the direct control of their owner. All pets are subject to any and all City pet ordinances. Commercial breeding is prohibited.

Pet owners shall indemnify and hold harmless the Association and the management against any loss or liability arising from a pet.

SECTION 7PARKING

7.1 General Guidelines Parking is permitted in the Owner’s or Resident’s driveway or garage only. Owners and Residents shall, whenever possible, park their cars inside the


garage. A maximum of two vehicles may be stored outside a 2-stall garage in a Dwelling’s driveway. A maximum of three vehicles may be stored outside a 3-stall garage in a Dwelling’s driveway. No vehicles may be parked in front of a Dwelling that is not the Owner’s or Resident’s for more than 24 hours. Owners and Residents should encourage guests to park in the Owner’s or Resident’s driveway rather than on the street. Parking is prohibited in front of driveways, in fire lanes or near mailboxes. Garage doors shall be kept closed except when vehicles are moving into or out of the garage or when a resident is active outside of their home. No trailers, boats, buses, motor homes, fish houses, campers, snowmobiles, bicycles, motorcycles or other type of recreational vehicle or equipment shall be stored outside of a Dwelling’s garage at any time. Commercial and oversized vehicles may not be parked or stored on the property. Inoperative vehicles and vehicles with expired license tabs shall not be parked or stored outside a Dwelling or in any portion of the common areas. Vehicles in violation of these provisions may, at the discretion of the Board of Directors, be towed at the vehicle owners’ expense, without prior notice to those owners.

Vehicles that are no used regularly by the Owner or Resident shall be kept in the garage and not parked in the driveway. The Board defines regularly as at least an every-other-day basis. Permission to keep vehicles in the driveway for longer periods must be approved by the Board.

Pursuant to Minnesota law, no vehicles shall be parked on city sidewalks. All Owners and their guests shall comply with city parking ordinances.

SECTION 8WASTE REMOVAL

8.1 Trash Trash, garbage, recycling and other waste shall be kept only in covered sanitary containers and stored inside the Dwelling’s garage.


All garbage and trash must be secured in garbage bags and deposited in approved garbage containers. Garbage containers may not be placed outside prior to 7:00 pm on the evening prior to trash pick-up day. Refuse containers must be placed back in the garages by 9:00 pm the day of pick up. Owners must prepare refuse as set forth by the waste hauler or City recycling program. Owners and Residents are responsible for appropriately disposing of all toxic waste materials such as paint, solvents, motor oil, etc. Failure to adhere to the property procedures for disposing of garbage and/or trash may be subject to a fine. No garbage and/or trash shall be permitted to become a nuisance, annoyance, safety or health hazard to the community. 8.2 Recycling Your Association encourages your participation in a recycling program. Please contact the City or the contracted waste hauler for more information on recycling programs in your community.

8.3 Christmas Tree Disposal

Please contact your contracted waste hauler or City for more information on tree removal as the specific policies may differ.

SECTION 9INSURANCE

9.1 Association Insurance The Association will maintain both property and comprehensive public liability insurance covering all real or personal property owned by the Association.

The Association will also maintain worker’s compensation insurance as required by law.

The Association will maintain Directors and officer’s liability insurance.

The Association shall not be required to insure any Lot or Dwelling.

Please contact the Association Management Company for specific policy details.


SECTION 10SALES AND LEASING

10.1 Sale of Home Signage, not more than five square feet, advertising the Lot for sale or rent may be placed on an Owner’s Lot. Signage must be in compliance with applicable city ordinances. Open houses may be held on Saturdays or Sundays from 9:00am through 6:00pm only. Signage advertising the open house will be allowed during the hours of the open house only. Only one sign in front of the home and one sign at each main entrance to the community will be allowed. Signs must be removed by the end of the open house. Violations of this Rule may be subject to a fine. Moves and major deliveries must be completed between 7:00am and 10:00pm. Owners must supervise and be responsible for all aspects of a move or delivery. Damages caused by the moving of any Owner or Resident shall be charged to the Owner.

10.2 Leasing Leasing of homes shall be allowed, subject to reasonable regulation by the Association and subject to the Association’s governing documents. The Association may impose such reasonable rules as necessary to implement procedures for the leasing of a Dwelling consistent with this section and the Association’s governing documents. Non-occupant Owners must provide the Association with their address and phone number and also provide the name of each Resident within any Dwelling. A fine may be assessed to any Owner failing to provide such information within 30 days of commencement of the lease term. Owners are personally responsible and liable for any damage to the Association caused by their lessee(s), Residents, visitors and guests. An Owner shall not lease the Dwelling to a lessee unless the Owner first obtains an approved national criminal background investigation on the lessee(s) by a licensed company. Homes may not be leased for a period of less than one year, absent prior written consent of the Board.


Owners shall provide their lessee(s) with copies of the Declaration, Bylaws, the Rules and Regulations and the Articles of Incorporation. Prior to the proposed lessee(s) signing a lease agreement, an Owner shall inform their lessee(s) of all policies of the Association. Any failure of the lessee(s) to comply with the terms of such documents shall be considered a default under the lease. Notice of any violations of the Association’s governing documents by a lessee shall be provided to the Owner. Fines for violations are the responsibility of the Owner and will be added to the Owner’s account. All matters regarding the Association shall be brought to the attention of the Association by the Owner. The Association shall have no obligation to address any issue brought to its attention by a lessee except in the case of an emergency. Request for service by lessees shall be directed to the Owner only.

SECTION 11GARAGE, YARD AND ESTATE SALES

11.1 Restrictions Owners and Residents may participate in one garage, yard or estate sale per calendar year. Owners and residents may participate in a second garage, yard or estate sale in the same calendar year provided that the garage, yard or estate sale is held in conjunction with a community or city-organized garage, yard or estate sale event. Items offered for sale are limited to new, used or secondhand personal property or household items. Resale merchandise and items obtained on consignment are prohibited. Garage, yard and estate sale hours of operation shall be no earlier than 7am and no later than 7pm. Garage, yard and estate sales shall not exceed three consecutive days of operation. Owners and Residents must abide by all local garage, yard and estate sale ordinances. 11.2 Signage


Owners and Residents are allowed to place a maximum of two directional signs advertising the garage, yard or estate sale. Signs may be no larger than three square feet. Signs shall not be placed in any public right-of-way or on utility poles and shall not be located within the sight triangle of any intersection. Signs may be placed on the day of the garage sale and must be removed at the end of the sale.

SECTION 12GUESTS

12.1 General Guidelines

Owners or Residents must accompany all guests at all times while at the Association. Owners are responsible for compliance with the Rules and Regulations by their family and guests, and can be fined if any of those persons violate any of the Rules and Regulations. Owners are personally responsible and liable for any damage to the Association caused by their actions or the actions of their family, guests, visitors and lessees. The fines and costs to repair any such damage shall be the personal liability of the relevant Owner and a lien may be placed against that Owner’s Dwelling.

SECTION 13PERSONAL CONDUCT AND NOISE

13.1 Conduct Owners and Residents are required to abide by all federal, state and local laws at all times. Owners and/or Residents and their family, guests, visitors and lessees shall not engage in any activities that violate the right of other Owners and Residents to enjoy a quiet environment. No unlawful, noxious or offensive activities including, but not limited to, obscene or profane language, threats of harm to an individual or an individual’s property shall be carried on at any time in any portion of the Association, nor shall anything be done therein or thereon which shall constitute a nuisance or which shall, in the judgment of the Board, cause unreasonable noise or disturbance to others.


Any emergency situation or suspicious behavior should be reported immediately to the local police department. 13.2 Noise Owners and/or Residents shall not make or permit unreasonable noise that will disturb others. Radios, televisions, stereo speakers and musical instruments must be kept at a reasonable volume at all times. The Board may determine that noise is unreasonable, and therefore in violation of this Rule, even if the noise level does not exceed maximum noise levels allowed by statute or ordinance. Noise and conduct violations may subject the violator to fines.

SECTION 14HAZARDOUS MATERIALS, FIREARMS AND FIREWORKS

14.1 Hazardous Materials Owners and Residents shall not conduct any activity nor maintain any item within their Dwelling, patio, deck, yard area or garage or anywhere on the property which is unlawful or hazardous. Flammable materials and liquids shall be stored in government approved containers. Combustible, hazardous or explosive materials are prohibited.

14.2 Firearms and Archery Hunting and the discharge of firearms shall not be allowed anywhere in the Association. No guns, archery equipment or other weapons are allowed in common areas or any other area of the Association except within a Dwelling or while such equipment is being transported between a home and a location outside the Association. Transporting of weapons must be in compliance with all local, state and federal laws.

14.3 Fireworks

State approved fireworks may only be used on Independence Day and the evening prior to Independence Day.


SECTION 15EASEMENT RESTRICTIONS

15.1 Drainage and Utility Easements No structure, planting or other material may be placed or permitted to remain within utility, drainage or infiltration easements which may interfere with the installation or maintenance of utilities, or which may obstruct the direction of low or water through drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements.

15.2 Wetland and Conservation Easements

Owners and Residents are required to abide by the terms of all wetland and conservation easements associated with their Lot or any common area.

SECTION 16DWELLING RESTRICTIONS

Dwellings may not be used for purposes other than single-family residences. No trades or businesses of any kind shall be carried on within a Dwelling or upon a Lot except:

16.1 An Owner or Resident may use a portion of the Dwelling for home office purposes provided that the Owner or Resident shall not employ or engage the services of more than one other person, not related to the Owner or Resident, to be performed in the residence for any trade of business purpose, nor shall there be excessive traffic into or out of the Owners’ or Residents’ Dwelling; nor shall any business signage be placed upon the Lot or any structures located on a Lot. 16.2 An Owner or Resident may employ or engage the services of a person or persons to provide home maintenance, child care and/or other domestic services for the benefit of the Owner(s) or Resident(s). 16.3 An Owner or Resident may conduct a home-based day care business in compliance with all state and local statutes, laws, ordinances, rule and regulations, including Rules and Regulations that may be established by the Association.

SECTION 17


PENALTIES

17.1 Purpose and Authority Pursuant to the Declaration, the Board has the authority to impose reasonable fines for violations of the Rules and Regulations. The notices and fines set forth below will be administered for those violations that pose no immediate risk to the health, safety or welfare of the residents of the Association or to any portion of the Association. The Board reserves the right to take more stringent action when a violation of the Rules and Regulations presents an immediate hazard to the health, safety or welfare of the residents of the Association or to a portion of the Association. In addition, the Board reserves the right to pursue any other actions or remedies that are authorized by the Declaration, the Bylaws and state law.

Owners and Residents should make every reasonable attempt to resolve disputes between each other prior to reporting an infraction or dispute to the Association. Violations must be documented and reported in writing to the Board or through the Association. Complaints must include the date, address and time of the incident. Anonymous complaints will not be acknowledged.

17.2 Fines

The Board of Directors will first attempt to notify the Owner either personally or via email that a violation of a provision of the governing documents has occurred. The violation may be by the Owner, a Resident, or a guest. If the violation is not remedied within a reasonable time, the Board will enforce the following guidelines.

17.2.1 First Violation. A written warning letter will be sent to the Owner regarding the specific nature of the violation. Violations must be remedied within 14 days of the date of the warning letter. Owners may also submit a written request for a hearing on the violation within 10 days of the warning letter as set forth in Section 17.3 herein.

17.2.2 Second Violation. If the violation alleged in the first warning letter is not remedied within 14 days from the date of the letter, a second violation will have occurred. A second warning letter will be sent to the Owner that they continue to be in violation, that a


fine has been imposed, and the timeframe to remedy the violation before further action is taken.

If the violation alleged in the first warning letter was remedied within the 14 days, but the Owner violates any provision of the governing documents within the 12-months following the first warning letter, the Board will consider it a second violation.

Second violations are subject to a $100 fine. Owners that remain in violation beyond the 14-day remedy date may also be subject to the daily fine set forth in Section 17.2.6 herein for a Continuing Violation.

17.2.3 Third Violation. If the violation alleged in the second warning letter is not remedied within the timeframe provided, a third violation will have occurred. A third warning letter will be sent to the Owner that they continue to be in violation, that another fine has been imposed, and the timeframe to remedy the violation before further action is taken.

If the violation alleged in the second warning letter was remedied within the timeframe provided, but the Owner violates any provision of the governing documents within the 12-months following the second warning letter, the Board will consider it a third violation.

Third violations are subject to a $200 fine. Owners that remain in violation beyond the timeframe provided for remedy may also be subject to the daily fine set forth in Section 17.2.6 herein for a Continuing Violation.

17.2.3 Fourth Violation. If the violation alleged in the third warning letter is not remedied within the timeframe provided, a fourth violation will have occurred. A fourth warning letter will be sent to the Owner that they continue to be in violation, that another fine has been imposed, and the timeframe to remedy the violation before further action is taken.

If the violation alleged in the first three warning letters was remedied within the prescribed timeframe, but the Owner is in violation of any provision of the governing documents within the 12-months following the third violation warning letter, the Board will consider it a fourth violation.


Fourth violations are subject to a $300 fine. Owners that remain in violation beyond the timeframe provided for remedy may also be subject to the daily fine set forth in Section 17.2.6 herein for a Continuing Violation.

17.2.5 Subsequent Violations. Any violation continuing beyond the timeframe provided in third warning letter or any subsequent violation of a provision of the governing documents within the 12 months following the third warning letter, even if the prior violation(s) was/were remedied, is subject to a $400 fine. Owners may also be subject to the daily fine set forth in Section 17.2.6 herein for a Continuing Violation.

17.2.6 Continuing Violations. In the case of a continuing violation of the governing documents beyond the date when any fine is imposed, an additional fine of no less than $20 per day, at the discretion of the Board, may be imposed for each day the violation continues. Continuing violation fines may be imposed if any violation continues beyond the first violation warning letter. 17.2.7 Fines for Hazards. The Board reserves the right to impose a fine immediately, without sending any prior violation letter, if, in the Board’s sole discretion, the violation constitutes a hazard to the safety or security of the Owner, other Owners or Residents, or their respective guests. Failure to provide all written warnings and notices of violations as provided in the Rules shall not nullify any fine imposed for any violation.

17.3 Appeals and Opportunity to Be Heard In the case of the imposition of any fines for violations of the Rules and Regulations, the Board shall, upon written request of the Owner, grant to the Owner, a hearing on the violation. The procedures for informing the Owner of a right to a hearing, the Owner’s request for a hearing, and the hearing itself, shall be as follows:

17.3.1 The Owner shall be given written notice of the nature of the violation and the right to a hearing, and at least ten days within which to make written request for a hearing. The hearing shall be before the Board or, at the discretion of the Board, a committee appointed by the Board that is made up of at least three disinterested Owners. Some or all of the members of the committee may, at the discretion of


the Board, be members of the Board. The written request shall be mailed or hand delivered by the Owner to the office of the Association’s Management Company. 17.3.2 The hearing shall be scheduled by the Board and held within thirty days of receipt by the Board of the Owner’s written hearing request, and with at least five days prior to written notice to the Owner. 17.3.3 If the Owner fails to request, or to appear at, the hearing, then the right to a hearing shall be deemed waived by the Owner and the Board may impose the applicable fines and take all other action as it deems appropriate. 17.3.4 Hearings shall be conducted in a fair and equitable manner. The decision of the Board, and the rules for the conduct of hearings established by the Board or Committee, shall be final and binding on all parties. The decision of the Board or Committee shall be delivered, in writing, to the Owner within a reasonable time following the hearing, if not delivered to the Owner at the hearing. 17.3.5 Attendance of the hearing will be limited to the following persons: members of the Board and/or Committee, agents of the Association, the complainant, the Owner and any other persons who may have relevant evidence or testimony to offer. A person attending the hearing may elect to be represented by legal counsel. A Board member who has direct involvement in the alleged violation shall excuse him or herself from the hearing process except as necessary to provide relevant evident or testimony. Such Board member shall not participate in the Board’s deliberation or vote regarding the imposition of fines or other consequences for the alleged violation. 17.3.6 Any fines to be imposed by the Association may, at the discretion of the Board, be retroactive to the date of the violation. Notice to the Owner of a right to a hearing need not be given, other than the initial notice, before the imposition of fines for a continuing violation.

SECTION 18REGISTRATION, MANAGEMENT AND DUES


18.1 Owner Registration All Owners are required to register with the Association their current name, address where they reside, list of all vehicles stored on the property and telephone numbers. Failure to provide this information within 30 days after assuming ownership shall result in an automatic fine as set forth in the “Fines” section of the Rules. In accordance with the Association’s governing documents, any Owner who has not registered may not have voting rights or use of any recreational facilities.

18.2 Association Management

The Association has a financial-only contract with the following licensed association Management Company:

Paradise and Associates 971 Sibly Memorial Highway, Suite # 350

St. Paul, MN 55118 651-699-5300 Lindsey Hruza, Assistant Property Manager

[email protected] They will serve as your primary contact for all financial (dues, fines, etc.) questions related to the Association.

18.3 Dues Your dues assist with maintaining and improving your community’s common areas. The Association may levy special assessments if the Association’s reserve funds are not sufficient to cover a major repair. All Owners are asked to make their Association payments via the electronic funds transfer (EFT) withdrawal plan. Any payment not received in full within 15 days of the due date will be subject to a late fee of $30.00 per month. Owners will receive a written notice of a delinquent account payment when their account is 30 days overdue, followed by a second notice after 60 days. If an Owner’s account is 90 days overdue, the account will be turned over to the Association’s attorney for collection. Payments received from an Owner will be applied to the oldest outstanding charge on the Owner’s account. All attorney’s fees and other expenses incurred by the Association relating to the collection of an Owner’s account, including but not limited to, charges


for checks returned for insufficient funds, will be the personal liability of that Owner, be levied against that Owner’s Dwelling and constitutes a lien against that Owner’s Dwelling. Pursuant to the Association’s governing documents, if an assessment or installment is 30 days delinquent, the Association may, upon 10 days’ written notice to the Owner, accelerate the remaining balance of the assessment.


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