July 2021

PINEBROOK POINTE HOMEOWNERS ASSOCIATION GENERAL REQUIREMENTS AND GUIDELINES

Welcome to Pinebrook Pointe! We look forward to having you as a neighbor. As you may know, condominium living is different from living in a typical neighborhood. Here, the common areas are shared by residents and, because of this sharing, community Requirements & Guidelines are both worthwhile and necessary, to ensure an expected quality of living for everyone. Therefore, the Association (also referred to as HOA) establishes these Requirements and Guidelines (hereafter called “Rules”) under the authority of the Condominium Declaration of Covenants, Conditions, and Restrictions of Pinebrook Pointe for the benefit of the members and for the protection of their property. Owners are held responsible for compliance herewith, both by themselves and by their tenants and guests. Therefore, all Pinebrook Pointe Unit owners are responsible to inform their family members, visitors, guests, lessees/renters, and overnight occupants of these Rules. Residents are encouraged to assist in the enforcement of Association Requirements & Guidelines by admonishing violators to comply and by reporting violators to the Management Company. Please be aware that the Pinebrook Pointe Unit owner will be responsible to pay for all costs damages and /or fines incurred as a result of their, or their tenant’s or guest’s negligence or violation of the Rules. Liens will be filed on damages not paid by the owner, family members, visitors, guests, lessees/renters, overnight occupants, and/or their pets. For these purposes, resident shall mean any owner, tenant or guest residing on the premises either on a short term or long-term basis. A copy of these Requirements and Guidelines must be present in each Unit.

REGARDING TENANTS AND NIGHTLY RENTALS Required Lease Language: Owners must use the following language within any lease with their tenant or contract with a Management Company. “Tenant (Management Company) acknowledges that (s) he has received and read the Requirements and Guidelines and accepts them as a legally binding part of this lease 1 July 2021 agreement. Tenant (Management Co.) agrees to abide by these current Requirements and Guidelines of the Pinebrook Pointe Homeowners Association Requirements and Guidelines, in incurred.” “Tenant (Management Co.) agrees that the Homeowners Association and/or their Property Management Company, with reasonable notice, may enter Unit from time to time during reasonable hours as may be necessary for the inspection, maintenance, repair or replacement of any of the common areas or facilities therein or accessible therefrom. Tenant (Management Co.) further agrees that this right of entry may be made at any time, with or without notice, for making emergency repairs therein necessary to prevent damage to the common areas or to another Unit or Units.” "Tenant (Management Co.) agrees that (s)he may not have any pets or animals of any kind whatsoever.” Requirement to Record Rental Units With HOA: All Pinebrook Pointe owners must record the long and short-term rental of their Units with the Pinebrook Pointe Homeowners Association office. The following shall constitute proper “recording” of rentals with the HOA: A. Signed copies of each rental/lease agreement or management contract. B. Required verbiage within said rental/lease agreement or management contract, as stated above, or a separate “Agreement to Abide by these Requirements and Guidelines”, signed by each person who will occupy the leased Unit at Pinebrook Pointe, or by the owner’s management company. C. Completed copy of “Homeowners Update” form. (Available in the portal or from the Property Manager.) D. Other information and instructions as may be deemed important by the owners and the Pinebrook Pointe Association Board of Trustees. Once again, remember that owners are ultimately responsible for the actions of their tenants and guests, and are responsible for any damages or fines resulting from actions of tenants and guests.

NO EXCESSIVE NOISE, TRAFFIC, NOXIOUS OR OFFENSIVE ACTIVITY Excessive noise and traffic are prohibited. Residents are requested to locate sound equipment somewhere other than common walls, and to use “good judgment” when out on decks, playing record players, stereos, tape recorders, radios, compact disc players, or running cars, etc. when entertaining both outside and inside the home. The Summit County noise ordinance 2 July 2021 will be in force. (Police will be called after 10:00 p.m.) No noxious or offensive activity shall be carried on in any Unit or in the common areas, nor shall anything be done therein which may be or become an annoyance or nuisance to the other owners.

NO DESIGNATED PLAY AREAS The Pinebrook Pointe Condominium project is not a typical neighborhood. There are no designated play areas in or around buildings. Parents are responsible for their children’s conduct and must ensure that their children respect the privacy of other residents. The tot lot and picnic areas are designated areas for children and gatherings. Children may not play on landings, in storage Unit areas, on roofs, or in any other common areas. Children’s play toys may not be left on decks or on any common areas.

DAMAGE AND INDEMNITY Each resident is personally responsible for any losses, claims, demands or damages caused by him/her, his/her family, tenant, guests, invitee or pets to any other Unit, owner or occupant, common area or facility, including but not limited to damage to interior or exterior walls, garage pillars and wall and electric eyes. Each owner and occupant hereby agrees to indemnify and hold the Association harmless from any and all losses, claims, demands, or liability arising out of an owner’s or occupant’s negligence or violation of these rules

DECKS Storage Prohibited: Decks are highly visible areas; therefore, outdoor storage on decks (including toys, bikes or sports equipment etc.) is prohibited. Nothing may be hung from or around decks. A gas barbecue grill and one spare LP cylinder, a table and matching chairs, and potted plants are the only allowed items on decks. Snow/Ice Removal: Snow and ice removal from decks is the responsibility of the individual owners. Owners who fail to properly remove snow and ice will be subject to HOA snow removal and charge backs. If the HOA’s heat tapes and gutters fail, causing ice and water to fall to the deck from the roof above, it is the owner’s responsibility to guard against injury and damage by using common sense and by reporting any failure to the HOA for their repair. Gates/Steps and Access: With the written approval of the Board, an opening may be made in the railing of the decks of the ground floor Units for access to the common area, if the decks are not more than two feet off the ground. The owners of these Units may then install up to three steps and a gate that 3 July 2021 matches the existing deck and rails, also upon approval by board. At no time is anything to be left in these accessible, or any other, common areas. Waterproofing DecksAbove: First floor owners may, at their expense, and with the approval of the board, waterproof the decks above them. Hot Tubs: Based on the structural engineering report; professional opinions; and the age of the structures in the community; the Board deems it necessary to adopt a clarifying rule prohibiting hot tubs on decks, with certain exceptions, as set forth herein. Based on a review of the authority in the CC&R’s, the Board has the authority to regulate placement of items on decks. Due to safety and liability concerns, including but not limited to, structural deterioration to both units and decks that is prematurely caused by water seepage leakage spill-over and the weight of hot tubs. No additional hot tubs, as of June 29, 2021, shall be permitted on the decks of the Association. Existing hot tubs are subject to the following requirements, however. 1. Any owner who has submitted an application for a hot tub which is pending decision as of June 29, 2021, and assuming the application is granted, shall be entitled to install, and use the hot tub as originally proposed before this rule was adopted. 2. Existing hot tubs shall be entitled to remain on the deck of the applicable unit until the unit sells; unit it is conveyed to a third party; or until the hot tub’s natural life has expired and it would need to be replaced in order to reasonably function. In other words, no new hot tubs would be allowed once a unit is sold or a hot tub wears out beyond repair. 3. Any owner with a permitted hot tub shall be required to sign a release of liability and hold harmless agreement, relieving the Association from liability to units, structural elements, personal injury and even death and must agree to hold the Association harmless from damage to any units, structures or personal property within the Association related to the existence and use of a hot tub. A copy of the release and hold harmless agreement is available at the portal or from the Property Manager. Failure or refusal to sign this agreement will require the immediate drainage and prompt removal of a hot tub. 44. Any owner permitted to have a hot tub, agrees, and understands the potential for damage to the decks, structures, units and other property. Accordingly, the Board may, from time to time but is not required to, require the hot tub owner to submit a professional structural integrity report (at the owners’ cost) prepared by a qualified 3rd party professional engineering company which the Board will evaluate to help determine whether or not the existing hot tub is causing structural damage. If sufficient evidence of damage to structural integrity is found, an owner may be required to remove their hot tub at their cost. 5. Additional rules and regulations may be adopted regarding the use of maintenance of hot tubs. SAFETY/INSURANCE REQUIREMENTS General Safety: Because of our insurance liability, no owner or any member of their family, tenants or guest shall be allowed upon the roof of the Units or any of the walls or fences. Nothing shall be done or kept in any Unit or in the common areas, which will increase the rate of insurance thereon. No person shall allow any unsafe or dangerous conditions to exist on, in or near any Unit. Fire Safety: No owner shall use or permit to be brought or stored into the Units or storage Units any flammable oils or fluids such as gasoline, kerosene, naphtha or benzene, or other explosives or property. Only gas barbecue grills are allowed to be stored or used on decks. Grills must be used at least 3 feet from any wall or surface. No use of charcoal grills, fire pits or LP heaters is allowed on the decks or any common area. All Units must have a functioning fire extinguisher in the kitchen. All Units are required to have working smoke detectors as required by code.

TRASH All residents are required to clean up after use of any common areas in the community. All garbage and/or trash must be deposited only in the sanitary containers (dumpsters) provided in your area. All garbage placed in dumpsters must be in closed bags. Only household garbage (in bags) may be deposited in dumpsters. Use of Pinebrook Pointe 5 dumpsters, or dumpster areas, for depositing or dumping debris from remodeling or construction, discarded furniture or appliances or any toxic material, etc. is prohibited. The resident of such Unit shall keep each Unit free of trash and refuse. Leaving garbage in bags, or in any other form, outside Units on stairs, balconies, porches, decks or any other part of the Pinebrook Pointe common area is prohibited. No person shall allow any unsightly conditions to exist on, in or near any Unit.

REPAIRS AND MAINTENANCE OBLIGATIONS Owner’s Obligation to Repair: For purposes of maintenance, repair, alteration and remodeling, an owner shall be deemed to own the windows, doors, interior walls, the wall and flooring materials. The owner is required, at owner’s expense, to keep the interior of the Unit and its equipment and appurtenances in good order condition and repair and in a clean and sanitary condition. Owner’s Obligation to Allow Access in Unit for HOA Repairs: Certain structural elements, which are the responsibility of the HOA to repair, are sometimes located within the owner’s privately owned spaces, but these elements may not be modified in any way. Furthermore, the HOA has the right to enter owner’s privately owned spaces to perform HOA repairs and modifications to these elements. Specifically, these areas which may not be modified by Owner and to which Owner and their tenants must allow HOA access are: A. All structural parts of the buildings, including, without limitation, foundations, columns, joists, beams, supports, supporting walls, floors, ceilings, roofs, exterior of buildings, parking areas, driveways, lawns, trees. B. Any utilities pipe or line or systems servicing more than a single Unit, and all ducts, wires, conduits, and other accessories used therewith. C. The exterior of any door to the Unit, its utility closet, or its storage area. 6

 

PROHIBITION AGAINST STRUCTURAL CHANGES BY OWNER The owner shall do no act or any work that will impair the structural soundness or integrity of the buildings. Flooring in Top Units: Flooring in the top-level Units must be carpet and not tile or wood in order to prevent noise to the Unit below; except bathrooms, kitchens, entry hallways, fireplace frontages, and laundry areas of the top-level Units may be hard surface flooring. In any top-floor Units where hardwood, laminate, tile, or other hard surface floor covering other than carpet is already installed in an area other than the kitchens, bathrooms, or laundry areas as of the time of the execution of this revision of the rules (July 2021), at least eighty percent (80%) of such exposed flooring shall be covered by carpeting or rugs to reduce the transmission of noise from one Unit to the next. No hard surface flooring may be installed in second-floor Units, except in bathroom, kitchens,entry hallways, fireplace frontages (4 x 1.5 foot area), and laundry areas as approved by the Board.

VISUAL ELEMENTS ALLOWED AND NOT ALLOWED Residents are not permitted to paint, decorate, or alter any portion of the exterior of the building or other common area. Exceptions must be requested and approved in writing in advance by the Board of Trustees. No Shades, Awnings, Air Conditioners, etc.: No shades, awnings, window guards, ventilators, fans, or air conditioning devices shall be used in or about the buildings except such as shall have been approved by the Board of Trustees in writing. A/C window devices may ONLY be used during the summer months (June 15th through September 15th). **Revision made October 18, 2010 Board Meeting. No Antennas, Satellite Dishes: No radio or television aerials, satellite dishes, receptors or transmitters shall be attached to or hung from the exterior of the Units or decks, except as may be approved by the Board of Trustees. No Signs: No signs whatsoever, including window signs, and also including but not limited to, For Sale, For Rent, Directional Signs, Street Signs or Advertising Signs shall be erected or maintained in the 7 July 2021 common areas or in the Units so as to be observed from the common areas, without prior written consent of the Board of Trustees. *HOA Board decision 02-03-2003: One (1) standard-sized window “For Sale” sign is Permitted Window Coverings: Only 2” horizontal blinds, colored wood or aluminum in an off-white color, may show from the outside of the building. WATER SERVICE, PLUMBING, FROZEN PIPES Water service is provided by Gorgoza Mutual Water Company. Maintenance of the lines is the responsibility of the Water Company or the HOA, depending on the location of the line within public right-of-way or private property. However, from the point at which each water line enters the individual Unit or the Utility Closet, the maintenance responsibility is that of the Unit owner. Because the homes are sharing common plumbing lines, caution should be exercised in, and liability accepted for, items flushed down the drains. Each owner and occupant is personally liable for any damage caused by water from clogged drains and/or from broken pipes that freeze and burst due to inadequate heat inside any Unit, whether occupied or vacant. It is recommended that, on a 24-hour a day basis, a minimum temperature of 68F degrees be maintained, at all times and that higher temperatures be maintained during prolonged periods of extreme cold. The Unit owner is responsible for adequate thermostat temperature settings and for maintaining safe temperature in the Unit. GRASS, LANDSCAPE, AND WALKWAYS No motor vehicles, bikes, skates, skateboards, scooters, Big Wheels, baby carriages or smaller vehicles will be ridden, driven or parked on the grass or landscaped areas. The greens and walkways in front of the Units and entrance way to the Units shall not be obstructed or used for any purpose other than ingress to or egress from Units. 8 

DOG, CAT AND HOUSEHOLD PET POLICY To protect the health, safety, and welfare of the community, and to set forth expressly the guidelines and standards used by the Board of Trustees in determining which dogs, cats and household pets shall be permitted on the Project, the Board of Trustees adopted the following Pet Requirements and Guidelines. NoPets: Non owner-occupied Units may not have any pets or animals of any kind, whatsoever. Exceptions for Owner Occupied Units Only: Units that are owner-occupied may have one dog, or two indoor cats, birds, or fish, provided that no such pets shall be kept, bred or maintained for commercial purposes. No other pets are allowed. The Board of Trustees shall have the absolute right and power to prohibit or condition any particular pet from being kept on the project if the keeping of that pet violates the letter or intent of the Declaration or these rules. Nuisance: A pet otherwise permitted under these requirements & Guidelines may be maintained on the property so long as it does not constitute an annoyance or a nuisance to the community. Actions which will constitute an annoyance, or a nuisance include, but are not limited to, disturbing or unreasonable howling, crying, barking, scratching, unhygienic or offensive practices, and threats to the health and safety of other owners or occupants. No DangerousPets: No pet may be kept that, in the sole best reasonable judgment of the Board of Trustees, may pose or create an unreasonable risk of harm to the owners or occupants, their family, friends, guests or invitee, or constitute a nuisance. In the event of a complaint or an expressed concern, the Board of Trustees has the authority to determine the acceptability of a pet. Registration: All pets must be registered and inoculated as required by law and also registered with the Homeowners Association office. A copy of the Pet Registration Form is available in the portal or from the Property Manager. 9 July 2021 Damages/Insurance: Pet owners are strictly liable and fully responsible for all personal injuries and/or property damage caused by their pets and should purchase appropriate liability insurance. Leashes: All pets must be leashed and in the control of an individual while on the common area. Pets may not be tied unattended to fences or porches. Pets running loose shall be immediately turned over to the Summit County Pound. Droppings: Owners of pets must promptly clean up their pet’s droppings in all cases and shall not permit their pet to urinate or defecate in any place on the common areas offensive to another owner or occupant. Assessments (Fines): If a pet, animal, bird, reptile, or insect is raised, bred, or kept in any Unit or common area in violation of this section, the pet owner shall be charged a violation assessment according to the decision of the Board or based on the Violations Assessment Schedule contained herein. Enforcement: Should the Board be required to take legal action against any person violating any of these rules, it should be entitled to recover all attorney’s fees and costs associated with such action.

PARKING/VEHICLE RULES Because of the limited space available to some residents, your cooperation in using good judgment is required to insure adequate parking for all residents, guests and invitee. A. Use of the common areas for repair and/or service work on automobiles strictly prohibited. B. No motor vehicle, including motorcycles, motorbikes, go-carts, etc., will be operated, driven, or parked on the sidewalks, jogging path or any other common area except for the roadways, as permitted seasonally. 10  C.

All vehicles, of any kind, parked in the common area must have current license plates and be in operating condition. No vehicles, other than second cars for 2-bedroom units with only one garage space, may be stored or parked in the parking lot for more than 72 hours. D. No recreational vehicles may be stored or parked in a designated outside parking space for more than two consecutive days or for more than five days in any given 30-day period in these parking areas. This includes, but is not limited to, motorcycles, trailers, motor homes, campers, ATV’s, snowmobiles, or boats. These vehicles may be parked in the underground designated spaces, provided there is no obstruction to vehicles or pedestrians of thru-traffic lanes or pedestrian walkways or access routes. E. During the snow season, vehicles must be moved daily to a clean parking space to ensure proper snow removal. In no event may any vehicles be on the public street from November 1 to May 1. F. No vehicle may be parked in a manner that unreasonably obstructs the vision of drivers on through traffic lanes. G. No parking for more than 4 hours is permitted along any private road within the boundaries of Pinebrook Pointe. H. The Association shall have authority to issue citations for violation of the Requirements and Guidelines, to make and collect assessments, and to have offending vehicles towed from the premises at the owner’s expense. I. No service, maintenance, or washing of any vehicles may be performed within the Pinebrook Pointe property. J. Vehicles leaking gas, oil or other fluid or lubricant are strictly prohibited from any common area. Fines will be assessed for violation. BARBECUES Only gas barbecue grills are permitted to be stored or used on outside decks. No use of charcoal or charcoal grills is permitted. FIREPLACES Only the gas logs that come with the Unit, or approved replacement, may be burned in the fireplace. NO WOOD MAY BE BURNED. 11

UTILITY CLOSET AND FRONT DOOR Owners are responsible for the maintenance of the utility closet closest to each Unit that houses the water heater and the furnace. The area immediately in front of the entry door in the hall is a privately owned area and as such, is the owner’s responsibility. Nevertheless, nothing can be added except a welcome mat and the area must be kept clean, the door oiled, etc.

QUARTERLY DUES AND SPECIAL ASSESSMENTS Fiscal Year The Pinebrook Pointe Homeowners Association has a fiscal year of January 1st through December 31st. Each Assessment shall be payable in four (4) equal quarterly installments due on the first day of each quarter, unless otherwise changed by the Board of Trustees. Late Charges After 30 days, unpaid assessments become delinquent and a late charge of $50.00 will be levied and interest will be charged as stipulated in the Declaration of Covenants, Conditions and Restrictions. The following fees will also be assessed in case of delinquency: A. After 60 days delinquency, an additional $50.00 service charge will be imposed. After 90 days delinquency, a $50.00 service charge will again be imposed. B. A lien will be filed if fees are 120 days delinquent. The lien filing costs, plus postage, will be billed to the owner and include attorney’s (current) fees of $225.00 and recording costs of $25.00. C. After 150 days delinquency, the Homeowners Committee will begin a foreclosure and collection action on any Unit for any assessment or homeowners’ dues that are past due. All attorneys’ fees, court costs, foreclosure report costs, filing fees, etc., will be charged to the delinquent owner. D. All other stipulations regarding quarterly dues and special assessments appearing in the Declarations of Covenants, Conditions and Restrictions of Pinebrook Pointe also apply. 12 

INSURANCE Each homeowner must purchase his or her own liability insurance and insurance that covers their responsibilities and personal property. This insurance is to provide coverage in any event that damages occur to another unit due to the homeowners’ neglect or malfunctioning plumbing fixtures or appliances. Personal property (clothing, furniture, etc.) must be covered by individual owners.

WINDOW TREATMENTS AND SCREENS Homeowners are responsible for the repair of any broken window, or torn screen in their Unit. Wood or aluminum 2” horizontal blinds in an off-white color must show to the outside. Makeshift drapes (sheets, newspaper, etc.), clutter and/or any obstacles are prohibited in the windows. Homeowners are responsible to maintain all windows, window screens and window covering in appearance and function condition that is compatible with the Pinebrook Pointe standards. Broken windows, and damaged screens or improper window coverings must be repaired or replaced by the owner in a timely manner, or this will be accomplished by Pinebrook Pointe Management and the costs assessed to the owner of the Unit involved. BUILDINGS Pinebrook Pointe property is dependent upon consistent conformance to Pinebrook Pointe Standards. Permission for any remodeling must first be requested in writing and subsequently approved in writing by the Pinebrook Pointe Board of Trustees. A. Any and all repairs must be approved by the Board of Trustees. All work must be inspected by Pinebrook Pointe Management for conformance to Pinebrook Pointe Standards. B. If the work does not meet Pinebrook Pointe Standards it must be repaired, at the owner’s expense. The work must then be brought up to compliance. MISCELLANEOUS REQUIREMENTS AND GUIDELINES Damage to Units caused by failure of appliances or fixtures used specifically by a Unit will be charged to that Unit. The Unit owner is responsible for the maintenance of replacement of any heating equipment, hot water equipment, and plumbing fixtures that may be in or used 13 July 2021 exclusively by the Unit. Check your water heaters regularly to see that they are in good working condition. No discharging of any type of firearm or fireworks on the property, the sheriff will be immediately called. Littering in common areas is prohibited. Any activity that is in violation of any government law, statute, and/or ordinance engaged in at Pinebrook Pointe is prohibited and is subject to the penalties of such laws. Homeowners that have repairs done (by an outside contractor) on their Unit, that anticipates the reimbursement of funds from the Homeowners Association must first notify the Management Company and Committee in writing and get approval for the expense. Vehicles cannot be washed or detailed, services (except glass or battery replacement) or restored at Pinebrook Pointe property. All Owners must complete and return the “Homeowners Update” form. (Available in the portal or from the Property Manager.)

ASSESSMENTS FOR VIOLATIONS Any violation of a Rule is grounds for assessing a fee against the person causing the violation, and against the Unit owner, if the owner’s tenant or guest causes the violation. The Board may levy assessments for violations as it sees fit, but generally, the following schedule will be applied.

A. First Notice of Violation: Warning Issued

B. Second Notice of Violation: $100 Assessment

C. Third Notice of Violation $200 Assessment

D. Fourth Notice of Violation $500 Assessment

E. Fifth Notice of Violation Court Proceedings Any assessments levied against an owner and/or tenant or guest becomes a lien against the Unit and is collectible under the same provisions that apply to regular and special assessments.