Stonecrest

Restricted

The community is intended for persons 55 years of age or older, with at least one occupant per unit required to be 55+, subject to a 20% allowance for units with younger occupants at the Board's discretion, and children 18 or younger are restricted to 60 days per calendar year.

“For so long as such provisions of the Fair Housing Act are in effect, (i) at least one occupant in each Dwelling Unit in Stonecrest must be at least fifty-five (55) years of age or older, except as hereinafter set forth; (ii) as set forth in the Master Declaration, the Association must provide for or arrange for the provision of significant facilities and services within Stonecrest specifically designed to meet the physical or social needs of older persons as contemplated by the Fair Housing Act and the regulations promulgated thereunder in order to satisfy the Requirements for Exemption; and (iii) the Association must publish and adhere to policies and procedures which demonstrate an intent by the Association to provide housing for persons fifty-five (55) years of age or older. The Requirements for Exemption contemplate that up to twenty percent (20%) of the units may be occupied by persons all of whom are under the age of fifty-five (55) without loss of the exemption. Accordingly, the Board, upon application by an Owner, tenant, purchaser or proposed lessee, shall have absolute discretion to allow a Unit to be occupied only by individuals under the age of fifty-five (55) based upon criteria that the Board shall determine, which criteria shall include, by way of example and not by limitation, information then known to the Board concerning potential or pending changes in occupancy of other Units in Stonecrest, if any, due to known adverse medical conditions or domestic relations and the ages of any likely remaining occupants of such Units; other than prospective changes in occupancy of Units for whatever reasons; proximity to age fifty-five (55) of those occupants of other Units in Stonecrest then under such age; and any other information known to and deemed relevant by the Board in carrying out its duty to monitor and control the percentage of the Units becoming occupied only by persons under the age of fifty-five (55). As long as Stonecrest falls within the exemption,no children eighteen(18) years of age or younger shall be permitted to reside in any of the Units, except for a period of time not to exceed a total of sixty (60) days per calendar year.”

Declaration · p.41

Restricted

Leasing of units is allowed for single-family residential use, requires a written lease on an approved form, and has a minimum term of three months.

“All leases of Units shall be restricted to single-family residential use under the restrictions set forth herein. All leases shall be in writing and the Association shall have the right to terminate any lease upon default by the lessee in observing any of the provisions of the Master Declaration and applicable rules and regulations. Any Owner entering into a Lease shall use an approved form and shall, upon entering into such Lease, provide a fully executed copy of the same to the Association. An “approved form" shall mean a lease form provided by the Owner to the Association and approved by the Association in writing. If any Owner submits a form to the Association and the Association does not respond regarding approval of the lease form within fourteen (14) days it shall be deemed approved so long as it contains, at a minimum, the following terms and conditions:(i) a lease term of not less than three (3) months; and (ii) a description of the property subject to the Lease which includes the entire Unit; and (iii) the following provisions: “The lessee hereunder acknowledges that this lease is subject to the Second Amended and Restated Declaration of Covenants, Conditions and Restrictions of Stonecrest and the rules and regulations provided thereunder which lessee has read and agrees to be bound thereby, and that the failure to comply with same may result in certain remedies being invoked by the Association against lessee, including without limitation termination of this lease and personal liability of lessee for damages.” If the foregoing provision is not contained in any lease, it shall be deemed incorporated therein by reference. In the event a lessee, or a lessee’s invitee, guest or licensee, occupies a Unit without a written lease, the occupancy thereof shall constitute an acceptance of the Master Declaration and an agreement to be bound thereby and subject thereto.”

Declaration · p.43

Not allowed

No lease shall be for a term of less than three months, and time-sharing or fractional sharing programs are prohibited.

“No lease shall be for a term of less than three (3) months or for less than an entire Unit. No Unit shall be made subject to any type of time sharing, fractional sharing, or similar program whereby the right to exclusive use of the Unit rotates among members of the program on a fixed or floating time schedule over a period of years.”

Declaration · p.44

Restricted

Pets are allowed with restrictions on type, number, leash use, and waste removal, and are prohibited in common areas except designated pet walk areas.

“No animals, livestock or poultry of any kind, shall be raised, bred or kept on or in any Unit, except for dogs, cats and house birds may be kept provided that (i) they are not kept, bred or maintained for any commercial purpose, and(ii) no more than two (2) suchpets shall be kept on any Unit at any time. Pets shall be on a leash or restrained at all times when outside the Unit. Dogs shall not be walked on grass other than on Owner’s Unit and in pet walk areas, if any, designated by the Declarant, or the Association upon Turnover. All pets are prohibited in the Common Areas except areas designed as pet walk areas. Pets permitted to roam free or which, in the sole judgment of the Declarant or Association, endanger the health, safety or welfare of other Owners, persistently make objectionable noise or otherwise constitute a nuisance, may be reported to the appropriate governmental agency and/or may be picked up and impounded by the Declarant or the Association or by their agents, including security personnel; any costs or expenses incurred by Declarant or the Associationinimpounding any such pet shallbe considered a Special Assessment which can be collected pursuant to the provisions of this Master Declaration. If, after receipt of written notice by the Declarant or Association of a violation of the provision of this Section, the Owner does not correct such violations, the Association may proceed to levy and collect a Special Assessment and collect same, pursuant to the provisions of this Master Declaration. Pet owners must clear and remove any fecal deposits made by their pets from any and all areas in the Total Property.”

Declaration · p.42

Restricted

Recreational vehicles and motor homes are prohibited from being stored or parked on the Committed Property, except in designated parking areas for a fee. They may be parked on a Unit for no more than twenty-four hours in any two-week period.

“No boats, trailers, vans, motor homes, recreational vehicles, or other motor vehicles in excess of a 3/4 ton rating (hereinafter referred to as “Restricted Vehicles') shall be stored or parked on the Committed Property. Restricted Vehicles may be stored in designated parking areas to the extent made available by the Association. The Association may charge a reasonable fee for the storage and/or parking of the aforesaid Restricted Vehicles in the designated parking areas. Notwithstanding anything to the contrary contained herein, motor homes and recreational vehicles may be parked on a Unit for no more than twenty-four (24) hours in any two-week period.”

Declaration · p.40

Restricted

Boats are prohibited from being stored or parked on the Committed Property. They are also not allowed to be used on the lakes or stored on the lakes or along the shoreline.

“No boats, trailers, vans, motor homes, recreational vehicles, or other motor vehicles in excess of a 3/4 ton rating (hereinafter referred to as “Restricted Vehicles') shall be stored or parked on the Committed Property. No boats shall be used on the lakes located on the Committed Property, nor shall any boats be stored on the lakes or along the shoreline.”

Declaration · p.40

Restricted

Parking is limited to driveways and designated areas, with restrictions on vehicle types, commercial vehicles, and parking on rights-of-way or lawns.

“No boats, trailers, vans, motor homes, recreational vehicles, or other motor vehicles in excess of a 3/4 ton rating (hereinafter referred to as “Restricted Vehicles') shall be stored or parked on the Committed Property. Restricted Vehicles may be stored in designated parking areas to the extent made available by the Association. The Association may charge a reasonable fee for the storage and/or parking of the aforesaid Restricted Vehicles in the designated parking areas. If the fee is unpaid after fourteen (14) days written notice delivered by Association to the Owner, the Association may assess, as a Special Assessment, the Owner which shall become a lien against the Unit of the Owner of said Restricted Vehicle, enforceable as provided in this Master Declaration. The parking and storage of automobiles shall be limited to the driveways of Units and other areas specifically designated by the Association. No vehicle may be parked on any right of way or on any portion of the lawn or other landscaping of the Unit. No commercial vehicles shall be permitted to be parked or stored on any portion of the Committed Property for a period of more than four (4) hours. For purposes of this Section.“commercial vehicle” shall mean any vehicle which is not designated and used for customary, personal/family purposes. The absence of commercial-type lettering or graphics on a vehicle shall not be dispositive as to whether it is a commercial vehicle. The Association is specifically authorized to promulgate additional rules and regulations pertaining to parking, and the Association is specifically granted the right to enforce this provision by the towing of any vehicles in violation of these provisions at the expense of the Owner, the charges for which shall be due and payable by Owner within fourteen (14) days of receipt of written notice demanding reimbursement delivered by Association to Owner. If the Owner shall fail to pay such amount within such time period, the Association shall levy a Special Assessment pursuant to the provisions of this Master Declaration. Notwithstanding anything to the contrary contained herein, motor homes and recreational vehicles may be parked on a Unit for no more than twenty-four (24) hours in any two-week period.”

Declaration · p.40

Requires approval

Fences require prior written consent from the Association, cannot exceed four feet in height, must be of approved construction and color, and can only be erected in the backyard.

“No fence shall be erected, constructed or placed on any Lot without the prior written consent of the Association. No fence may exceed the height of four (4) feet, and must be of a construction and color approved by the Association. No fence shall be erected, constructed or placed in the front or side yard of any Unit, but only in the back yard of the Unit.”

Declaration · p.44

Requires approval

Any construction, painting, erection, maintenance, exterior addition, change, alteration, resurfacing, or attachment of awnings, canopies, shutters, or antennas requires prior written approval from the Architectural Review Committee (ARC) based on submitted plans and specifications.

“In order to enhance, maintain and preserve the aesthetic beauty and the property values of the Committed Property, no building, fence, wall, driveway or other structure or improvement (including landscaping) shall be commenced, painted, erected or maintained upon the Committed Property, nor shall any exterior addition, change, alteration or resurfacing be made to any previous improvement on a Unit, nor shall any awning, canopy, shutter, or antenna be attached to or placed upon outside walls or roofs of buildings or other improvements, until the proposals, drawings, blueprints, and plans and specifications showing the nature, kind, shape, height, materials, color selection, and location of the same (hereinafter referred to as “Plans and Specifications" ) shall have been submitted to, and approved in writing by, the ARC upon its satisfaction as to the harmony of exterior design and location in relation to surrounding structures and topography and assurance that any damage to the Committed Property as a result of such additions or alterations will be repaired in a timely fashion.”

Declaration · p.60

Not allowed

No business, commercial enterprise, or business activity of any kind shall be carried on or conducted on or from any Unit, except for those authorized by Declarant and any Builder on their owned portions of the Committed Property.

“No business, commercial enterprise or business activity of any kind shall be carried on or conducted on or from any Unit, except for those businesses, commercial enterprises and business activities authorized by Declarant and any Builder on any Unit or other portions of the Committed Property owned by the Declarant or its assigns and any Builders.”

Declaration · p.43

Restricted

Only a customary name and address sign and a 'for sale or rent' sign of not more than 1.5 square feet, conforming to ARC standards, are permitted. Signs placed in windows are prohibited.

“No sign of any kind shall be displayed to public view on a Unit except a customary name and address sign and a sign of not more than one and one-half (1.5) square feet in size and conforming to standards established by the ARC to advertise a Unit for sale or rent. Signs placed in the windows of Units are prohibited.”

Declaration · Section 13.7.1 · p.47

Restricted

All structures, buildings, additions, or improvements, including trees used in landscaping, must comply with the minimum setback requirements of the “PUD" Zoning Classification.

“All structures, buildings, additions, or improvements, including trees used in landscaping, shall be set back in accordance with the minimum set back requirements as provided for under the“PUD" Zoning Classification affecting the Committed Property.”

Declaration · p.40

Restricted

All telephone, electric, and other utility lines and connections between main utility lines and Units or other buildings must be concealed and located underground.

“All telephone, electric and other utility lines and connections between the main or primary utility lines and the Units and other buildings or structures located on each Unit shall be concealed and located underground so as not to be visible.”

Declaration · 8.39 · p.46

Restricted

Wetlands, lakes, ponds, and streams are aesthetic amenities; fishing, swimming, boating, playing, or use of personal flotation devices are prohibited unless expressly authorized by Association rules, and no docks, piers, or structures may be built on or over them except by Declarant and the Association.

“All wetlands, lakes, ponds, and streams within the Committed Property, if any, shall be aesthetic amenities, and no other use thereof, including without limitation fishing, swimming, boating, playing, or use of personal flotation devices, shallbe permitted unless and except as expressly authorized under the rules and regulations of the Association. ... No docks, piers, or other structures shall be constructed on or over any body of water within the Committed Property, except by Declarant and the Association.”

Declaration · p.46

Restricted

Window or wall air conditioning units require ARC consent; aluminum foil in windows/glass doors and reflective substances on glass are prohibited unless approved by the ARC for energy conservation.

“No window or wall air conditioning units shall be permitted to be placed in a Unit without the prior written consent of the ARC. No Unit shall have aluminum foil placed in any window or glass door, nor shall any reflective substance be placed on any glass, except as may be approved by the ARC for energy conservation purposes.”

Declaration · 8.35 · p.46

Requires approval

Swimming pools must be constructed of tested and accepted materials, and all pool screening material must be a color harmonious with the Unit's exterior, subject to Declarant or ARC requirements.

“Any swimming pool to be constructed on any Unit shall be subject to the requirements and any rules and regulations of the Declarant or the ARC, which shallinclude, without limitation, the following: 8.37.1 Composition to be of material thoroughly tested and generally accepted by the swimming pool industry for such construction; and 8.37.2 All pool screening material shall be of a color in harmony with the exterior of the Unit”

Declaration · 8.37 · p.46

Restricted

Each Owner must maintain their Unit, all equipment and fixtures (including air-conditioning), promptly correct conditions that could damage other property, and maintain structures, sidewalks, parking areas, and other improvements consistent with ARC standards and covenants.

“Each Owner shall maintain his Unit .respectively, and all equipment and fixtures therein, including, without limitation, all air-conditioning equipment used in or appurtenant to such Unit, and must promptly correct any condition which would, if left uncorrected, cause any damage to another portion of Committed Property, and shall be responsible for any damages caused by his action or non-action. Each Owner shall also maintain all structures, sidewalks, parking areas and other improvements comprising the Unit in a manner consistent with the standards promulgated by the ARC and all applicable covenants, unless such maintenance responsibility is otherwise assumed by or assigned to the Association pursuant to this Master Declaration or to any Supplemental Declaration or other declaration of covenants applicable to such property.”

Declaration · 3.5.1.3 · p.49

Restricted

Owners are responsible for maintaining and operating drainage swales and easement areas on their units, and may not alter drainage swales without a variance from the ARC.

“Each Owner shall he responsible for the maintenance and operation of any such drainage swales, and areas encumbered by such easements, on such Owners Unit; if the Owner fails to do so, the Association may perform such maintenance and operation, and may assess a Special Assessment against the Owner. No Owner may alter any drainage swales without a variance granted by the ARC pursuant to Section 14.6 specifically authorizing the alteration of the drainage swale (as opposed to merely authorizing other improvements that may result in altering the drainage swale).”

Declaration · 3.5.3 · p.66

Not allowed

Ownership or occupancy of a unit does not grant any right to enter or use the adjacent Country Club or its facilities; access is strictly subject to the Country Club owners' terms, conditions, rules, and procedures.

“ACCESS TO THE COUNTRY CLUB ADJACENT TO THE COMMITTED PROPERTY IS STRICTLY SUBJECT TO THE TERMS, CONDITIONS, RULES ANDPROCEDURES ESTABLISHED BYTHE OWNERS OF SUCH COUNTRY CLUB. NO OWNER OR OCCUPANT GAINS ANY RIGHT TO ENTER OR TO USE THE COUNTRY CLUB OR FACILITIES THAT MAY BE CONSTRUCTED THEREON BY VIRTUE OF OWNERSHIP OR OCCUPANCY OF A UNIT IN STONECREST.”

Declaration · 2.2.7 · p.25

Restricted

Owners are responsible for the cost of maintenance, repairs, or replacement within the Common Areas if caused by their willful or negligent act, or that of their tenants, licensees, agents, family members, guests, or invitees, which will be paid as a Special Assessment.

“The foregoing maintenance, repairs or replacement within the Common Areas arising out of or caused by the willful or negligent act of an Owner, his tenants, licensees, agents or members of his family, guests or invitees will, to the extent deemed appropriate by the Board, be paid for by such Owner as a Special Assessment.”

Declaration · 7.4 · p.36

Not allowed

The discharge of firearms, including B-B guns and pellet guns, is prohibited within the Committed Property unless permitted by Declarant in designated areas.

“The discharge of firearms within the Committed Property is prohibited unless otherwise permitted by Declarant in designated areas within the Committed Property. The term “firearms" includes “B-B" guns, pellet guns, and other firearms of all types, regardless of size.”

Declaration · 8.42 · p.47

Restricted

Each Owner must carry casualty insurance with fire and extended coverage on their Unit and structures, meeting the same requirements as the Association's insurance, unless the Association carries such insurance.

“By virtue of taking title to a Unit subject to the terms of this Master Declaration, each Owner covenants and agrees with all other Owners and the Association that each Owner shall carry casualty insurance with fire and extended coverage on the Unit and structures constructed thereon, meeting the same requirements as set forth in this Article 10 for insurance on the Area of Common Responsibility, unless the Association carries such insurance (which it is not obligated to do hereunder).”

Declaration · 10.2 · p.51

Not allowed

No noxious or offensive activity, annoyance, nuisance, or disturbance that interferes with other Owners' rights, comforts, or convenience is permitted, nor anything that detracts from the beauty or natural aesthetics of the Committed Property.

“Inaddition toall other covenants and restrictions set forth in this Article, no noxious or offensive activity shall be carried on or upon any Unit, nor shall anything be done thereon which may become an annoyance or nuisance to the Committed Property, nor shall any disturbance be permitted which will interfere with the rights, comforts or convenience of other Owners and their respective guests, invitees or lessees. Owners shall be prohibited from doing anything or conducting any activity which would detract or in any way deter from the beauty or natural aesthetics of the Committed Property.”

Declaration · 8.41 · p.47