Rules and Regulations for Community Maintenance

Property Owners and Sub-Association Responsibilities

The First Amended and Restated Community Declaration (CC&R) states the following:

Section 7.5: Units to be Maintained. Owners of a Unit are responsible for the maintenance, repair, and replacement of the properties located within their Unit boundaries except as such maintenance, repair, and replacement are expressly the obligation of the applicable Sub-association for that unit. Each Unit, shall, at all times, be kept in a clean, sightly, and wholesome condition.

Section 7.6: Landscaping Requirements of Owners/Restrictions and Maintenance Covenants. All portions of a Unit not improved with a residence, building, driveway, walkways, patios, or decks (referred to as the unimproved area or landscaped areas of a Unit) shall be landscaped by the Owner thereof or a builder other than the Declarant. Any portions of the Unit that are not landscaped by the Builder, must be fully landscaped by the Unit Owner, no later than one (1) year after the first occupancy of any portion of the Unit. The landscaping of each Unit, having once been installed, shall be maintained by the Owner, or the applicable owner association (in the case of multifamily parcels), in a neat, attractive, sightly, and well-kept condition, which shall include lawns mowed, hedges, shrubs, and trees pruned and trimmed, adequate watering, replacement of dead, diseased or unsightly materials, and removal of weeds and debris.

Section 7.9: Use of Common Elements: There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Community Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Community Association.

Rules and Regulations for Community Maintenance

The following are the Rules and Regulations for Community Maintenance. These Rules are Regulations are adopted pursuant to the First Amended and Restated Community Declaration. The Master Community Association will enforce these Rules and Regulations in accordance with Association policy and applicable state law. Violation of the Rules and Regulations is subject to administrative citation and fines not to exceed five hundred dollars ($500).

1. Landscaping Requirement – It shall be the responsibility of the occupant and/or owner to maintain every front and side yard on real property with plants, shrubs, turf, or other landscaping in healthy and live condition at all times. Barren soil, patches of dirt, or weeds shall be prohibited. All turf and plants shall be properly irrigated at all times. Shrubs and plants shall not overhang the sidewalk or alley.

2. Trees – It shall be the responsibility of the occupant and/or owner to cut, prune and remove all tree branches lower than eight (8) feet over sidewalks, thirteen and one half (13.5) feet over a street or alley, and remove any diseased, dead, dying or structurally unsound trees.

3. Weeds/Grass – It shall be the responsibility of the occupant and/or owner of any real property to cut and remove any tall grass over eight (8) inches. No weeds/grass shall overhang and alley or sidewalk to the point where use of such alley or sidewalk is obstructed by the weeds/grass.

4. Fences – All fences shall be maintained in good structural condition at all times. Design review shall be required for the moving of a fence line from its original location.

5. Trash – It shall be prohibited for the occupants and/or owners to allow for the accumulation or storage of any trash that is not stored in a city-approved container; is offensive to sight or is otherwise unsanitary.

6. Exterior Maintenance – All structures shall be maintained in a state of good repair and painted.

7. Alleys – It shall be the responsibility of the occupant and/or owner to clean of and maintain the area from the rear property line of the lot to the centerline of the alley. Cleaning and maintaining is limited to trash and rubbish and does not include landscaping. It shall be prohibited for anything to be kept or stored in the alley without written authorization from the Association and nothing shall be altered on, constructed in, or removed from the alley. The alley shall include the landscaped land within three (3) feet of the concrete surface.

8. Right-of-Way Maintenance – Occupants and/or owners of real property abutting a public right-of-way shall provide for landscaping and maintenance of such right-of-way. The right-of-way shall consist of the area between the property line of the lot and the curb line or edge of the roadway and between the property line of the lot and centerline of the alley.

Parking Rules and Regulations

The following are the Parking Rules and Regulations. These Rules are Regulations were adopted pursuant to the Second Amended and Restated Park Creek Metropolitan District Management Agreement. The Master Community Association will enforce these Rules and Regulations in accordance with Association policy and applicable state law. The Association shall apply these Rules and Regulations only to the property owned by the Park Creek Metropolitan District pursuant to the management agreement. These Rules and Regulations shall not be applied to a public street not owned by the Metro District.

Violations of these Rules and Regulations shall not be deemed to be a Covenant Violation. The Association acting as agent for the Park Creek Metropolitan District shall take action against a vehicle in found in violation of these Rules and Regulations. Violation of the Rules and Regulations is subject to administrative citation and fines of up to fifty dollars ($50) per violation, or the impounding of the offending vehicle.

MCA COMPLIANCE AND ENFORCEMENT MANUAL