Promenade at the Lakes HOARules and Regulations

PARKING

11.2.1 All vehicles to be parked by a Unit Owner, either in a garage or in alined space, must be registered with the Association. Suchregistration shall include vehicle license plate number, make, modeland color, and at least one operative contact number for the UnitOwner. In addition, Unit Owners will be requested, but notrequired, to provide an operative email address for warningnotifications.

11.2.2 Parking in lined spaces shall be by permit only. Each Unit Ownershall be issued one (i) parking permit which must be clearlydisplayed on the front windshield of the Unit Owner's operativemotor vehicle that is parked in a lined space. Any vehicle notdisplaying said permit will be subject to the following:

11.2.2.1 First Offense: Warning Notification by phone or email. Proof ofnotification is not required prior to imposition of fines. SecondOffense: Fine. Third and Subsequent Offenses: Fine shall bedouble previous fine. After a third offense, the vehicle may betowed without notice at discretion of the Board. Parking offensesshall be issued only once per vehicle per 24-hour period. However,parking offenses maybe issued and payable without priornotification to the Unit Owner (i.e., Unit Owners maybe assessed apermit violation fine on subsequent days without limit). All permitviolation fines may be appealed by the Unit Owner to the Boardunder existing regulations.

11.2.3 Unit Owners are responsible for the preservation of the issuedparking permit. If a replacement parking permit is required, theUnit Owner shall pay a fee of $25.

11.2.4 The definition of operative motor vehicle includes onlyautomobiles, light trucks and passenger vehicles. It does notinclude commercial vehicles (other than small pick-up trucks),trailers, or recreational vehicles. At its sole discretion, the Boardmay allow a commercial vehicle to be parked in a lined space afterappeal by the Unit Owner and payment of a $250 fee.

11.2.5 All fines and fees in this section are payable by Unit Owners underthe terms detailed elsewhere in the Declaration.

Promenade at the Lakes HOARules and Regulations

PARKING

11.2.1

11.2.2

11.2.2.1

11.2·3

11.2-4

11.2·5

All vehicles to be parked by a Unit Owner, either in a garage or in alined space, must be registered with the Association. Suchregistration shall include vehicle license plate number, make, modeland color, and at least one operative contact number for the UnitOwner. In addition, Unit Owners will be requested, but notrequired, to provide an operative email address for warningnotifications.

Parking in lined spaces shall be by permit only. Each Unit Ownershall be issued one (1) parking permit which must be clearlydisplayed on the front windshield of the Unit Owner's operativemotor vehicle that is parked in a lined space. Any vehicle notdisplaying said permit will be subject to the following:

First Offense: Warning Notification by phone or email. Proof ofnotification is not required prior to imposition of fines. SecondOffense: $50 Fine. Third and Subsequent Offenses: Fine shall bedouble previous fine. After a third offense, the vehicle may betowed without notice at discretion of the Board. Parking offensesshall be issued only once per vehicle per 24-hour period. However,parking offenses may be issued and payable without priornotification to the Unit Owner (i.e., Unit Owners may be assessed apermit violation fine on subsequent days without limit). All permitviolation fines may be appealed by the Unit Owner to the Boardunder existing regulations.

Unit Owners are responsible for the preservation of the issuedparking permit. If a replacement parking permit is required, theUnit Owner shall pay a fee of $25.

The definition of operative motor vehicle includes onlyautomobiles, light trucks and passenger vehicles. It does notinclude commercial vehicles (other than small pick-up trucks),trailers, or recreational vehicles. At its sole discretion, the Boardmay allow a commercial vehicle to be parked in a lined space afterappeal by the Unit Owner and payment of a $250 fee.

All fines and fees in this section are payable by Unit Owners underthe terms detailed elsewhere in the Declaration.

BOARD RESOLUTION # 6142006

PROMENADE AT THE LAKESRENTALS

WHEREAS, the Board of Directors of Promenade Condominium Association, Inc. isempowered to govern the affairs of the Condominium Association pursuant to Section10.4.1 of the Governing Documents and Article 3.2 of the Bylaws; and

WHEREAS, the Board deems it to be in the best interest of the Association to adopt alease review policy and requirement for rental unit owners to certify that tenants havebeen given a copy of the Governing Documents; and

THEREFORE BE IF RESOLVED THAT, the Board of Directors shall adopt thefollowing lease review and certification of disbursement of Governing Documentspolicies relating to Board Approval of Leases for Rental Units:Pursuant to the Fourth Amendment to the Declaration - Section 11.14.14 (recorded8/24/1999)

Unit Owners must provide a copy of a proposed lease under the terms of Article 11.14çRental Units") for Board approval no less than two weeks (14 days) prior to thecommencement of that proposed lease, or as soon as the Unit Owner has knowledgeof a potential lease. Failure by the Unit Owner to provide the lease for approval willresult in a fine of $100 or 1/10m of the monthly rent of the unit, whichever is greater, forevery month the lease is not approved. The fine shall be assessed to the Unit Ownerevery 30 days beginning from the minimum date the lease was due to the Board forapproval.

Unit Owners must provide to the Board a written and signed certification that a full andcomplete copy of the Declaration and Bylaws has been provided to the Tenant prior tooccupancy. Failure by the Unit Owner to provide such certification will result in a fineof $50 per month for every month that said certification is not provided to the Board.After a period of six (6) months, if certification has not been provided, the Board willprovide the Tenant with a copy of the Declaration and Bylaws under the terms ofArticle 11.14.14.

1, 2006

JAs..(S 2006

Qj/Oc,Datb I

Daf'e '

RULES AND REGULATIONS

PROMENADE AT THE LAKES CONDOMINIUM

The following are the Rules and Regulations adopted by the Board of Directors ofPromenade at the Lakes Homeowners' Association pursuant to the authoritygranted to the Board in Section 10.2.1 of the Declaration of Promenade at theLakes Condominium.

We are living in close association with our fellow residents and common courtesydictates that our actions not infringe on the rights of other residents. These Rulesare designed to ensure that each of us achieves the maximum enjoyment of ourhomes. Each member of the community, whether owner, tenant or guest, mustabide by the standards of the community and comply strictly with the Declaration,Bylaws and these Rules to promote the harmony and cooperative purposes of thecommunity. Each owner is fully responsible for the compliance of their familymembers, guests, tenants and other occupants of the owner's unit while they arewithin Promenade boundaries.

The Board has classified violations of the Rules into three levels withcorresponding monetary fines and each rule is followed by a number indicating thelevel of fine to be imposed after an initial warning: (1) = $25.00

(2) = $50.00(3) = $100.00

Second and subsequent offenses are double these amounts. Penalties assessedagainst an Owner shall be collectable as delinquent Assessments. Fines will bepayable to the Promenade Homeowners Association within 10 days of notificationand a late fee of $25.00 per month will be assessed against an Owner for late finepayments.

ARTICLE 1. COMPLAINT PROCEDURE AND ENFORCEMENT

1.1 The Board of Directors has the authority to enforce the rules. Please notify theProperty Manager or a Board member in writing if there is a problem. The Boardhas delegated to the Property Manager the authority to take rules enforcementaction consistent with the Due Process Rules Enforcement Procedures, includingcontacting violators to seek compliance and issue warnings.

1.2 Unit owners are responsible for the conduct of all members of their family orhousehold and for the conduct of their tenants and guests and each unit owner andtenant is jointly and individually financially responsible for any damage done tocondominium property of other owners by all the members of their family or

pagel

household, their tenants and their guests. Both the unit owner and a non-ownerviolator may be penalized for violation of the rules. Penalties assessed against theunit and the unit owner shall be collectible as delinquent assessments.

1.3 Enforcement of the provisions of the Declaration, Bylaws and Rules andRegulations shall be done in accordance with Due Process Rules EnforcementProcedures which may be adopted and amended from time to time and may be partof the Bylaws or the Rules.

ARTICLE 2. DELINQUENCIES

2.1 "Assessment" means all sums chargeable by the Association against anOwner, including without limitation regular and special Assessments, finesimposed by the Association, interest and late charges on any delinquent account,costs of collection, including reasonable attorney's, fees, incurred by theAssociation in connection with the collection of a delinquent Owner's account,costs and attorney's fees incurred by the Association in connection with theenforcement of the Governing Documents, and all other sums payable by an Ownerto the Association as provided in the Governing Documents.

2.2 Regular monthly Assessments are due on the first day of every month. A latefee of $25.00 per month will be assessed by the Association against anyAssessment account which is not paid in full by the 15th day of the month.

2.3 A fee of $25.00 will be charged by the Property Manager to an Owner for eachcheck which is returned unpaid.

ARTICLE 3. EXTERIOR CONDITIONS

3.1 In order to preserve the uniform exterior appearance of the buildings, and thecommon areas and facilities visible to the public, the Board of Directors has thesole authority to provide for the painting and other decorative finish of thebuildings, decks, patios, or other common or limited areas and facilities and toprescribe the type and color of such decorative finishes. The common and limitedcommon areas and facilities shall not be reconstructed, rebuilt, altered, removedor replaced except by the Association acting through the Board of Directors.Owners are prohibited from modifying the structure or decoration of the buildings,decks or patios, stairways, yard areas or other common or limited areas andfacilities, including screens, doors, awnings, rails or other portions of each unitand building visible from the exterior thereof, including draperies, without the priorapproval of the Board of Directors. Window coverings must be white or off-white incolor. (3)

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3.2 Driveways, walks and other portions of the common areas and facilitiesdesigned for access shall be used exclusively for normal ingress and egress andno obstructions shall be placed therein unless permitted by the Board of Directorsor by these Rules and Regulations. (2)

3.3 Littering is prohibited. (2)

3.4 Nothing may be placed on or hung over deck railings or fencing. Noaccumulation of garbage, waste, paper, boxes, garbage cans, appliances or otherinappropriate items shall be placed or stored on decks or patios. No flammableliquids or dangerous chemicals are to be stored on decks, patios or other storageareas. (3) 1:t3.5 No exterior clothesline shall be erected or maintained and there shall be nodrying or laundering of clothes, blankets, beach towels, etc. on the patios, decks orother common or limited common areas. (1)

3.6 Except as specifically provided in this Section, no signs, pictures or posters ofany kind shall be displayed to the public view on or from any unit or from thecommon areas and facilities without the consent of the Board of Directors. Thisprohibition shall not apply to "for sale" or "for rent" signs, provided that they arereasonable with respect to size and appearance, the review fee of $25.00 has beenpaid, and they are placed in a unit window only. or to seasonal decorations whichmay be installed or hung from the patio or windows providing such decorations donot violate the insurance or any law or ordinance. All seasonal decorations mustbe removed at the season's ending. The Board has the right to limit anydecorations. (1)

3.7 No owner or occupant shall install wiring for electrical or telephoneinstallation, television antennae, machines or air conditioning units, etc. on theexterior of the buildings or that protrude through the walls or roof of the buildingsexcept as authorized by the Board, in writing, prior to any work being done. (3)

ARTICLE 4. INSURANCE

4.1 No unit owner or occupant shall permit anything to be done or kept in the unitsor in the common or limited areas and facilities which will increase the insurancepremiums thereon or result in the cancellation of such insurance on any unit or anypart of the common or limited areas and facilities, without the consent of the Boardof Directors. Additionally, there shall be no storage of gasoline or other volatilecombustibles on the premIses. (3)

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ARTICLE 5. NOISE AND OFFENSIVE ACTIVITIES

5.1 Quiet hours are from 10:00p.m. to 8:00 a.m. seven days a week. Please takeextra care to keep the noise level down during this period. (2)

5.2 Major construction and remodeling activities shall be carried on in theCondominium only between 8:00 a.m. and 6:00 p.m. on weekdays, excludingholidays, unless prior approval for performing such work on weekends shall havebeen granted by the Board. (3)

5.3 No rubbish or debris of any kind shall be dumped, placed, or permitted toaccumulate many portion of the Condominium except in appropriate containersand locations provided for the collection of same. (2)

5.4 No Owner shall overload the electric wiring or operate any machines,appliances, accessories or equipment in any manner which, in the judgment of theBoard, causes an unreasonable disturbance to others, or connect any machines,appliances, accessories or equipment to the heating or air conditioning, or to theplumbing or electrical system which might overburden the facilities therefor oraffect any other unit or the common areas, without the prior written approval of theBoard. (3)

5.5 THE CONDUCT OF VISITORS, IN OR OUT OF A UNIT, IS THE RESPONSIBILITYOF THE RESIDENT.

ARTICLE 6 PARKING/VEHICLES

6.1 Speeding and unsafe driving is prohIbited. (3)

6.2 All vehicles parked in the Condominium must be registered with the Board ormanagement company or they will be subject to towing at the owner's expense. (1)

6.3 All vehicles parked in the Condominium shall bear valid license plates andtabs. Vehicles must be in running condition and capable of movement at all times.No inoperable vehicles may be stored in the Condominium at any time. Flat tiresmust be repaired immediately. (2)

6.4 No motor rebuilds, body work or major vehicle repairs or oil changes shall bedone on the property. Only very minor adjustments of vehicles are allowed withprior board approval. No work that will produce spillage of any kind on the groundis allowed. (3)

6.5 No vehicle shall be parked in a manner that obstructs another vehicle or takesup more than one parking space. (2)

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6.6 No parking at any time in a space assigned to another Owner without hisiherexpress permission. If someone else is parked in your assigned space, you maycontact the towing company and have the vehicle towed. You will be required tosign for the tow request NO PARKING AT ANY TIME IN A FIRE LANE. Vehiclesparked In a fire lane are subject to immediate towing. (2)

6.7 Parking spaces are restricted in use for parking of operative passenger motorvehicles. No other types of vehicles, equipment, mobile home, trailers, trucks,campers, boats, RV!s or other items shall be parked, kept, maintained, placed,constructed, remodeled, reconstructed or repaired in the driveway or any parkingspace. The Board of Directors may require removal by the owner thereof of anyimproperly parked vehicle, inoperative or unsightly vehicle, and any otherequipment or item improperly stored in parking spaces. If the same is notremoved, the Board may cause removal at the risk and expense of the ownerthereof. (3)

7.0 PETS

7.1 Small, well-behaved domestic pets are allowed, however, pet owners areresponsible for their pets. Residents must take all care required to ensure thattheir pets do not disturb other residents by creating a nuisance or excessive noiseor by threatening or assaulting other residents or their pets. (3)

7.2 Dogs must be on a leash or in the arms at all times when outside. Dogs may notbe left unattended, tied outside a unit, on patios or decks or any other part of thecommon areas. (3)

7.3 Residents keeping a pet are jointly and individually responsible for any damagewhich their pet may do to common areas and facilities or to the property of anotherowner. Damage done by a pet to the property of another owner is a matter strictlybetween the pet owner and the person whose property is damaged.

7.4 Pet owners shall immediately clean up and remove any defecation or wastecreated by their pet. (3)

7.5 Pets are to be fed inside the unit only. (1)

7.6 There shall be no breeding of animals for private or commercial use on thepremises. (3)

7.7 The Board of Directors may require the removal of any animal which the Boardin exercise of reasonable discretion finds disturbing other unit ownersunreasonably or if the owner continues to violate the rules concerning pets, andmay exercise this authority for specific animals even though other animals arepermitted to remain.

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ARTICLE 8. RENTALS

8.1 Owners renting or leasing their units shall provide the Board or managementcompany with a copy of the prospective tenant's application for tenancy, writtenrental agreement and a check for the $150.00 lease review fee. The prior approvalof the Board is required for all rental or lease agreements. (2)

8.2 Owners renting or leasing a unit must provide their tenants with a copy of allrules of the condominium. Owners will be notified of tenant's failure to comply withthe rules and will be held financially responsible for the violations of the rules bytenants and their guests and for obtaining compliance. (2)

8.3 Owners shall provide the names, telephone numbers and vehicle information oftheir tenants to the Property Manager. (1)

8.4 II an Owner fails to evict a tenant who is In continuing violationof the rules, theBoard of Directors may take appropriate action to do so and charge Owner for theexpenses incurred.

CERTIFICATE OF ADOPTION

The undersigned president and secretary of Promenade Condominium Associationcertify that the foregoing Rules were duly adopted by the Board of Directors inaccordance with theProcetltres provided in Section 10.2 of the Declaration at ameeting held on J?A ÷ 1997 and shall be effective on

the 1st day of February, 1997.

PROMENADE CONDOMINIUM ASSOCIATION

President

Date: '/2-1 I

Attest: The above amendment was properly adopted.

By: CkAoSecretary

Date: /fl/T7

page6

-

-

STATE OF WASHINGTON)

COUNTY OF KINGss

)

°n this /gday of 1999, personally appeared before me, DanielBerg axd Katherine Cooper, kxiowii o be the Presidenc and Secretary of Promenadc At TheLakes Homeowiiers Association, the non-profit corpontion that executed the 'irhin andforegoing instrument, and acknowledged the instrument to be the free and voluntary act and deedof the Association for the uses and pwpocs thcrcin mentioned, aM on oath scatcd that theywere authorized to execute the insirument.

i4(JDATED this I h day of

-7-

(Si

(Print name) 2NOTARY PUBLIC in and Iôrthe State of Washington

-Coinmissionexpires /t

RULES ENFORCEMENT PROCEDURES

PROMENADE AT THE LAKES CONDOMINIUMS

Authority: The Board of Directors is authorized and empowered to investigate, hear anddetermine all complaints concerning violations by any Unit owner, tenant or occupant ofthe Declaration, Bylaws, rules, regulations or enforcement procedures ("GoverningDocuments") or of any decision of the Board made as provided in the GoverningDocuments. The Board is further authorized and empowered to impose a fine as maybe allowed herein in an amount not to exceed the maximum rate established byresolution of the Board on any person whom it finds to have violated the GoverningDocuments.

Informal Dispute Resolution Preferred: It is the intent of the Association that an informalprocess be followed prior to the initiation of a formal complaint against an owner, tenantor other occupant of a Unit. To that end any owner, tenant, occupant or employee oragent of the Association has the authority to request that an owner, tenant or occupantof any Unit cease or correct any act or perform any omission which appears to be inviolation of the Governing Documents. The informal request must be made, eitherverbally or in writing, prior to initiation of the formal complaint process.

Written Complaint: If the dispute or violation cannot be resolved informally then acomplaint may be filled by any Unit owner, tenant or occupant, including a member ofthe Board, or may be filed by an employee or agent of the Association (referred to asthe "complainant"). The complaint shall be signed by the complainant and shall containa written statement of the problem necessitating the complaint setting out in simple andconcise language the acts or omissions with which the alleged violator (referred to asthe "respondent) is charged. The complaint shall identify the specific provisions of theGoverning Documents or decision of the Board which the respondent is alleged to haveviolated. The written complaint shall state as many specifics as are available regardingtime, date, location, nature of the violation, persons involved, etc. The complaint shallalso state the efforts which were made to resolve the matter Informally.

Response to Complaint by Board: As soon as possible but no later than its nextscheduled meeting, the Board and/or the Manager of the Association shall consider allpending complaints. Corrective action to resolve a violation of the GoverningDocuments may first be sought in a non-punitive, written Notice of Warning if the natureof the infraction so justifies in the discretion of the Board or the Manager of theAssociation.

Notice of Infraction and Fine: If the cvritten Notice of Warning fails to correct the situationor if the written Notice of Warning would not be practical under the circumstances in thediscretion of the Board or the Manager of the Association, then a Notice of Infractionand Fine (in the form attached hereto) may be issued by the Board or the Manager ofthe Association. A reasonable fine may be may be imposed in an amount not to exceed

the maximum amounts set from time to time by resolution of the Board for infractions ofthe type in question. The Notice of Infraction and Fine may suspend imposition of thefine on the condition that the infraction is corrected within (5) days, or such longerperiod as may be reasonably determined by the Board or Manager of the Association,after service on or delivery of the Notice of Infraction and fine to the respondent.Additionally, the Notice of Infraction and Fine may state that the fine imposed is acontinuing fine and that such fine will be imposed in like amount for each and every daythat the infraction continues, either with or without the suspension period providedabove.

Right to Appeal: Within fifteen (15) days of service on or delivery to the respondent ofthe Notice of Infraction and Fine, the respondent may deliver a request for an appeal tothe Board. In such case, imposition of the fine will be suspended pending determinationof the appeal byway of hearing before the Board. Service or delivery of the Notice ofInfraction and Fine shall occur by leaving the same with a person of suitable age anddiscretion at the respondents residence or shall be deemed to occur three (3) daysafter deposit of the Notice of Infraction and Fine in the first class mail addressed torespondent at his or her last address known to the Association. The request for appealwill not be deemed to have been delivered until actuai receipt by the Association'sSecretary or the Association's Manager.

Service of Complaint and ADDeal Procedures: Within five (5) days of receipt of therespondent's appeal request and no fewer than fifteen (15) days before the appealhearing, the Secretary or the Association's Manager shall cause a copy of the initialcomplaint, together with the Notice of Rights and Hearing in the form attached heretoand a copy of these procedures, to be served upon the respondent. Service shall be byleaving same with a person of suitable age and discretion. at the respondent's residenceor be deemed to be the day of deposit of the same in the first class mail addressed tothe respondent at his or her last address known to the Association. The Notice ofRights and Hearing, along with a copy of the appeal request, shall be served on ordelivered to the complainant in like manner.

Default: Failure of one party to appear at the scheduled hearing, where that party priorto the hearing has failed to show good cause why the hearing should be rescheduled,does not preclude the Board from proceeding with the hearing, receiving evidence fromand hearing arguments by the other party and making a decision in the mailer. Uponfailure of the complainant to appear, the Board may, in its discretion, drop the matter.Upon failure of the respondent to appear, the Board may, in its discretion, reinstate thefine or fines retroactive to the date of the Notice of Infraction and Fine.

Hearing Procedure.

Conduct of Hearing: The hearing shall be heard by the Board of Directors sifting asHearing Board. The respondent shall appear in person or by a duly authorizedrepresentative. The President, or in his or her absence the Vice-President, shallpreside over the conduct of the hearing and shall make any necessary evidentiary

rulings. The hearing shall be informal. At the beginning of the hearing the Presidentshall explain the rules and procedures by which the hearing is to be conducted.

Order of Proceedings: The order of proceedings shall be as follows:

a) Each party to the proceeding is entitled to make an opening statement.b) Each party is entitled to produce evidence, witnesses and testimony. The other

parties are entitled to cross-examine any witnesses and the opposing party.c) Each party is entitled to make a closing statement.d) Any member of the Board may question any party or witness. The Board members

may, on their own motion, call additional witnesses or secure tangible evidence.é) Each party has the right to representation by counsel at his or her own expense.fi Either party or the Board may cause the hearing to be transcribed at his, her or their

own expense.

Rules of Evidence: Any relevant evidence which is not privileged is admissibleregardless of whether the evidence is hearsay or otherwise inadmissible in a court oflaw.

Assurance of Voluntary Compliance: The Board in its discretion, in lieu of or in additionto calling the hearing, may accept a written Assurance of Voluntary Compliance fromany respondent. Giving an Assurance does not constitute an admission that a violationhas taken place. The Assurance may include a stipulation for payment by respondentto the complainant and/or the Association. From time to time, a person who has madean Assurance of Voluntary Compliance shall provide all information the Boardreasonably requests to determine whether the respondent is in compliance with theAssurance. The Board is not precluded from further action by its acceptance of anAssurance of Voluntary Compliance in the event that the respondent violates the termsof that Assurance.

Decision and Order.

a) As soon as possible, but in no case more than ten (10) days after the close of thehearing, the Board shall meet in executive session to deliberate and reach adecision. The decision of the Board shall be in writing and, if a violation is found,shall state the particular violation(s) found..

b) Upon a decision that a violation has occurred, the Board may order that therespondent shall do or refrain from doing any act necessary to cause the respondentto comply with the provisions of the Governing Documents and/or any decision ofthe Board. The order of the Board shall become effective ten (10) days after it isserved on the respondent in the manner provided above, unless the Board otherwiseprovides in its order.

c) The Board may provide in its order for the imposition of a reasonable fine not toexceed the maximum amounts set from time to time by resolution of the Board. The

fine may include a daily fine in the event that the respondent does not comply withthe order of the Board, including the payment of the fine, within the allotted time.The Board may also provide in its order that the non-prevailing party shall reimbursethe costs of the Association in connection with the proceeding. Any fine or chargeso imposed by the Board shall be the personal obligation of the person againstwhom it is imposed, shall constitute a lien upon the Unit owned or occupied by thatperson, and may be collected in the manner provided in the Declaration in samemanner as for assessments.

d) The decision of the Board shall be served on each party to the matter forthwith in themanner provided above. A copy of the decision and order shall be sent to theSecretary of the Association and shall be included in the books of the Association.

Judicial Enforcement: Failure to comply with a provision of the Governing Documents ora Board Decision, or to comply with a decision of the Board following notice of aviolation and an opportunity for a hearing, shall be sufficient grounds for an action torecover sums due for damages, which shall include any fines levied by the Board andany costs incurred by the Association in connection with the proceedings before theBoard, maintainable by the Association (acting through the Board on behalf of theowners). Such failure shall further be grounds for the issuance of injunctive relief insuch an action. Nothing contained in the Declaration shall be deemed or construed asa waiver of the Association's right to bring an action as provided in this Section withoutfirst exhausting in Association's internal enforcement procedures in cases where theBoard deems immediate legal action to be necessary or appropriate. In any actionbrought as provided in this Section, the prevailing party shall be entitled to recover aspart of its judgment a reasonable sum for its attorney fees, costs and expenses ofproceeding.

Dated

sIent, Pror

Dated this day of• !¼.JO (3t1S04. , 2005.

'S6cfetdry oic,ena6 t th59 Condominiums

NOTICE OF INFRACTION AND FINEPROMENADE AT THE LAKES CONDOMINIUMS

TO: ______________________ respondent

UNIT: __________________

This is to notify the respondent that the Association has received a complaint againstthe respondent concerning violation of the Governing Documents as follows (state withspecificity the nature of the violation and the pertinent rule, regulation, etc.):

Check one or more of the following, as applicable:

The respondent has previously been sent a Notice of Warning concerning the abovestated infraction but has failed to correct the situation.

The respondent is assessed a fine of $ _______ under the authority of the mostrecent resolution of the Board for fines to be imposed in the case of infractions. Thefine [ ] is [ ] is not a continuing fine. (A continuing fine is one that will be imposed inthe above stated amount for each and every day that the infraction, which is the subjectof this Notice, continues.)

Imposition of the above fine is suspended for _______ days (no less than five [53days). If the infraction is corrected within that time, then the fine will be rescinded.

Right to AppealYou (respondent) have the right to appeal to the Association Board of Directors theabove action. In such case, imposition of any fine imposed will be suspended pendingdetermination of the appeal by the Board.

If you (respondent) wish to appeal, you must deliver written notice of the same to theAssociation Secretary or the Association Manager within fifteen (15) days. Request forappeal will not be deemed to have been delivered until actual receipt by the AssociationSebretary or the Association Manager. -

Signed: ______________________________ Date:

Title: __________________________________________(Association Secretary or Association Manager)

NOTICE OF RIGHTS AND HEARING BEFORE CONDOMINIUM BOARD

RESPONDENT: ___________________________

COMPLAINANT: ___________________________

Please be notified that a hearing will be conducted before the Promenade at the LakesCondominium Association Board of Directors at ________ a' clock _.m. on _____ day,

____________________ 200 ________ upon the appeal request attached to this Notice.In the event that you are not present at the hearing a decision may be made againstyou.

You have the right to be present at the hearing and to be represented by counsel atyour own expense. You are entitled to present any relevant witnesses or otherevidence and will be given full opportunity to cross-examine any witnesses presented bythe other party.

If any of the parties can show good cause as to why they cannot attend the hearing onthe above date, they must submit a written request to the condominium Board at leastforty eight (48) hours prior to the scheduled hearing date.

Failure to appear or to obtain an order rescheduling the hearing will constitute adefault" as per the attached enforcement procedures and the condominium Board mayproceec1 with the hearing.

The respondent may admit to the complaint in whole or. in part. In that event, thecondominium Board may hold a hearing as to any mitigating circumstances or todetermine the appropriate penalty or may make a determination to waive the hearingand simply impose a penalty, if any.

DATED: __________________________

Secretary/Manager

RULES ENFORCEMENT PROCEDURES

PROMENADE AT THE LAKES CONDOMINIUMS

Authority: The Board of Directors is authorized and empowered to investigate, hear anddetermine all complaints concerning violations by any Unit owner, tenant or occupant ofthe Declaration, Bylaws, rules, regulations or enforcement procedures ('GoverningDocuments") or of any decision of the Board made as provided in the GoverningDocuments. The Board is further authorized and empowered to impose a fine as maybe allowed herein in an amount not to exceed the maximum rate established byresolution of the Board on any person whom it finds.to have violated the GoverningDocuments.

Informal Dispute Resolution Preferred: It is the intent of the Association that an informalprocess be followed prior to the initiation of a formal complaint against an owner, tenantor other occupant of a Unit. To that end, any owner, tenant, occupant or employee oragent of the Association has the authority to request that an owner, tenant or occupantof any Unit cease or correct any act or perform any omission which appears to be inviolation of the Governing Documents. The informal request must bernade, eitherverbally or in writing, prior to initiation of the formal complaint process.

Written Complaint: If the dispute or violation cannot be resolved informally then acomplaint may be filled by any Unit owner, tenant or occupant, including a member ofthe Board, or may be filed by an employee or agent of the Association (referred to asthe "complainant"). The complaint shall be signed by the complainant and shall containa written statement of the problem necessitating the complaint setting out in simple andconcise language the acts or omissions with which the alleged viotator (referred to asthe respondent") is charged. The complaint shall identify the specific provisions of theGoverning Documents or decision of the Board which the respondent is alleged to haveviolated. The written complaint shaH state as many specifics as are available regardingtime, date, location, nature of the violation, persons involved, etc. The complaint shallalso state the efforts which were made to resolve the matter informally.

ResDonse to Complaint by Board: As soon as possible but no later than its nextscheduled meeting, the Board and/or the Manager of the Association shall consider allpending complaints. Corrective action to resolve a violation of the GoverningDocuments may first be sought in a non-punitive, written Notice of Warning if the natureof the infraction so justifies in the discretion of the Board or the Manager of theAssociation.

Notice of Infraction and Fine: If the written Notice of Warning fails to correct the situationor if the written Notice of Warning would not be practical under the circumstances in thediscretion of the Board or the Manager of the Association, then a Notice of Infractionand Fine (in the form attached hereto) may be issued by the Board or the Manager ofthe Association. A reasonable fine may be may be imposed in an amount not to exceed

the maximum amounts set from time to time by resolution of the Board for infractions ofthe type in question. The Notice of Infraction and Fine may suspend imposition of thefine on the condition that the infraction is corrected within (5) days, or such longerperiod as may be reasonably determined by the Board or Manager of the Association,after service on or delivery of the Notice of Infraction and fine to the respondent.Additionally, the Notice of Infraction and Fine may state that the fine imposed is acontinuing fine and that such fine will be imposed in like amount for each and every daythat the infraction continues, either with or without the suspension period providedabove.

Right to Appeal: Within fifteen (15) days of service on or delivery to the respondent ofthe Notice of Infraction and Fine, the respondent may deliver a request for an appeal tothe Board. In such case, imposition of the fine will be suspended pending determinationof the appeal by way of hearing before the Board. Service or delivery of the Notice ofInfraction and Fine shall occur by leaving the same with a person of suitable age anddiscretion at the respondent's residence or shall be deemed to occur three (3) daysafter deposit of the Notice of Infraction and Fine in the first class mail addressed torespondent at his or her last address known to the Association. The request for appealwill not be deemed to have been delivered until actual receipt by the Association'sSecretary or the Association's Manager.

Service of Complaint and ApDeal Procedures: Within five (5) days of receipt of therespondent's appeal request and no fewer than fifteen (15) days before the appealhearing, the Secretary or the Association's Manager shall cause a copy of the initialcomplaint, together with the Notice of Rights and Hearing in the form attached heretoand a copy of these procedures, to be served upon the respondent. Service shall be byleaving same with a person of suitable age and discretionat the respondent's residenceor be deemed to be the day of deposit of the same in the first class mail addressed tOthe respondent at his or her last address known to the Association. The Notice ofRights and Hearing, along with a copy of the appeal request, shall be served on ordelivered to the complainant in like manner.

Default: Failure of one party to appear at the scheduled hearing, where that party priorto the hearing has failed to show good cause why the hearing should be rescheduled,does not preclude the Board from proceeding with the hearing, receiving evidence fromand hearing arguments by the other party and making a decision in the matter. Uponfailure of the complainant to appear, the Board may, in its discretion, drop the mailer.Upon failure of the respondent to appear, the Board may, in its discretion, reinstate thefine or fines retroactive to the date of the Notice of Infraction and Fine.

Hearing Procedure.

Conduct of Rearing: The hearing Shall be heard by the Board of Directors sifting asHearing Board. The respondent shall appear in person or by a duly authorizedrepresentative. The President, or in his or her absence the Vice-President, shallpreside over the conduct of the hearing and shall make any necessary evidentiary

rulings. The hearing shall be informal. At the beginning of the hearing the Presidentshall explain the rules and procedures by which the hearing is to be conducted.

Order of Proceedings: The order of proceedings shall be asfollows:

a) Each party to the proceeding is entitled to make an opening statement.b) Each party is entitled to produce evidence, witnesses and testimony. The other

parties are entitled to cross-examine any witnesses and the opposing party.c) Each party is entitled to make a closing statement.d) Any member of the Board may question any party or witness. The Board members

may, on their own motion, call additional witnesses or secure tangible evidence.e) Each party has the right to representation by counsel at his or her own expense.f) Either party or the Board may cause the hearing to be transcribed at his, her or their

own expense.

Rules of Evidence: Any relevant evidence which is not privileged is admissibleregardless of whether the evidence is hearsay or otherwise inadmissible in a court oflaw.

Assurance of Voluntary Compliance: The Board in its discretion, in lieu of or in additionto calling the hearing, may accept a written Assurance of Voluntary Compliance fromany respondent. Giving an Assurance does not constitute an admission that a violationhas taken place. The Assurance may include a stipulation for payment by respondentto the complainant and/or the Association. From time to time, a person who has madean Assurance of Voluntary Compliance shall provide all information the Boardreasonably requests to determine whether the respondent is in compliance with theAssurance. The Board is not precluded from further action by its acceptance of anAssurance of Voluntary Compliance in the event that the respondent violates the termsof that Assurance.

Decision and Order.

a) As soon as possible, but in no case more than ten (10) days after the close of thehearing, the Board shall meet in executive session to deliberate and reach adecision. The decision of the Board shall be in writing and, if a violation is found,shall state the particular violation(s) found.

b) Upon a decision that a violation has occurred the Board may order that therespondent shall do or refrain from doing any act necessary to cause the respondentto comply with the provisions of the Governing Documents and/or any decision ofthe Board. The order of the Board shall become effective ten (10) days after it isserved on the respondent in the manner provided above, unless the Board otherwiseprovides in its order.

c) The Board may provide in its order for the imposition of a reasonable fine not toexceed the maximum amounts set from time to time by resolution of the Board. The

fine may include a daily fine in the event that the respondent does not comply withthe order of the Board, including the payment of the fine, within the allotted time.The Board may also provide in its order that the non-prevailing party shall reimbursethe costs of the Association in connection with the proceeding. Any fine or chargeso imposed by the Board shall be the personal obligation of the person againstwhom it is imposed, shall constitute a lien upon the Unit owned or occupied by thatperson, and may be collected in the manner provided in the Declaration in samemanner as for assessments.

d) The decision of the Board shall be served on each party to the matter forthwith in themanner provided above. A copy of the decision and order shall be sent to theSecretary of the Association and shall be included in the books of the Association.

Judicial Enforcement: Failure to comply with a provision of the Governing Documents ora Board Decision, or to comply with a decision of the Board following notice of aviolation and an opportunity for a hearing, shall be sufficient grounds for an action torecover sums due for damages, which shall include any fines levied by the Board andany costs incurred by the Association in connection with the proceedings before theBoard, maintainable by the Association (acting through the Board on behalf of theowners). Such failure shall further be grounds for the issuance of injunctive relief insuch an action. Nothing contained in the Declaration shall be deemed or construed asa waiver of the Association's right to bring an action as provided in this Section withoutfirst exhausting in Association's internal enforcement procedures in cases where theBoard deems immediate legal action to be necessary or appropriate. In any actionbrought as provided in this Section, the prevailing party shall be entitled to recover aspart of its judgment a reasonable sum for its attorney fees, costs and expenses ofproceeding.

Dated t is ¾

$t4,2005.

si ent, Promenade at the Lakes Condominiums

Dated this day of {flTc>& 2005.

( 6cfethry ?oiena tth! Condominiums

NOTICE OF INFRACTION AND FINEPROMENADE AT THE LAKES CONDOMINIUMS

TO: ________________________ respondent

UNIT: __________________

This is to notify the respondent that the Association has received a complaint againstthe respondent concerning violation of the Governing Documents as follows (state withspecificity the nature of the violation and the pertinent rule, regulation etc.):

Check one or more of the following, as applicable:

The respondent has previously been sent a Notice of Warning concerning the abovestated infraction but has failed to correct the situation.

The respondent is assessed a fine of $ ________ under the authority of the mostrecent resolution of the Board for fines to be imposed in the case of infractions. Thefine (3 is ] is not a continuing fine. (A continuing fine is one that will be imposed inthe above stated amount for each and every day that the infraction, which is the subjectof this Notice, continues.)

Imposition of the above fine is suspended for _______ days (no less than five [5]days). If the infraction is corrected within that time, then the fine will be rescinded.

Right to AppealYou (respondent) have the right to appeal to the Association Board of Directors theabove action. In such case, imposition of any fine imposed will be suspended pendingdetermination of the appeal by the Board.

If you (respondent) wish to appeal you must deliver written notice of the same to theAssociation Secretary or the Association Manager within fifteen (15) days. Request forappeal will not be deemed to have been delivered until actual receipt by the AssociationSecretary or the Association Manager.

Signed: ____________________________ Date: _______________

Title: __________________________________________(Association Secretary or Association Manager)

NOTICE OF RIGNTS AND HEARING BEFORE CONDOMINIUM BOARD

RESPONDENT: ___________________________

COMPLAINANT: ___________________________

Please be notified that a hearing will be conducted before the Promenade at the LakesCondominium Association Board of Directors at ________ o' clock _.m. on _____ day,

____________________ 200 ________ upon the appeal request attached to this Notice.In the event that you are not present at the hearing a decision may be made againstyou.

You have the right to be present at the hearing and to be represented by counsel atyour own expense. You are entitled to present any relevant witnesses or otherevidence and will be given full opportunity to cross-examine any witnesses presented bythe other party.

If any of the parties can show good cause as to why they cannot attend the hearing onthe above date, they must submit a written request to the condominium Board at leastforty eight (48) hours prior to the scheduled hearing date.

Failure to appear or to obtain an order rescheduling the hearing will constitute adefault' as per the attached enforcement procedures and the condominium Board may

proceed with the hearing.

The respondent may admit to the complaint in whole or in part. In that event, thecondominium Board may hold a hearing as to any mitigating circumstances or todetermine the appropriate penalty or may make a determination to waive the hearingand simply impose a penalty, if any.

DATED: _______

Secretary/Manager