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Orangewood Townhouse Park Homeowners' Association

Glendale, Arizona

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HOA Rules and Regulations

1. The following Rules and Regulations (R&Rs) have been adopted by the Board of Directors to provide for the continuing pleasure, comfort and security of the all Owners, their guests and tenants, and were established , acting in good faith. The R&Rs may be in whole or in part adjusted, amended and/or modified by the Board of Directors.

2. The Rules and Regulations are a clarification of portions of the Covenants, Conditions and Restrictions (CC&Rs) which continue to apply as full-bodied deed restrictions to all who live at Orangewood. Anyone residing at Orangewood shall be bound and abide by the Rules & Regulations whether they be Owner, guest or tenant. All residents should possess a copy of both the CC&Rs and the R&Rs. Copies of both may be obtained from the Management Company.

3. GENERAL

3.1. These Rules and Regulations have been reviewed and adopted by the Board of Directors on October 22, 2012, and are in effect thereafter.

3.2. Owners of Orangewood are responsible for the actions of their pets, children, guests, tenants and themselves. Owners are ultimately responsible for the actions of their guests or tenants, and agree to reimburse other Owners or the Association for any vandalism or damage caused by those parties or to the Association�s designated agent.

3.3. The Management Office must be notified as to the name of the tenants and the term of their lease. A copy of the Rules and Regulations must be given to the Lessee and each agreement must require that the Lessee agrees to abide by the R&Rs and the CC&Rs of Orangewood.

3.4. Each unit shall be used as a single-family dwelling for residential purposes. An Owner may conduct a business activity within the unit so long as the existence or operation of the business activity is not apparent, detectable or illegal.

3.5. No resident shall make, or permit to be made, any disturbing noise that would in any manner interfere with the quiet and peaceful use of any unit.

3.6. For Sale or For Lease signs are not permitted on any common area within the community. For Sale or For Lease signs may be displayed in a window within the unit for sale or lease.

3.7. No resident shall plant, shape, trim, remove plants or change the configuration of any planting on any common areas without written permission from the Board of Directors.

3.8. Residents must notify the Management Company of any accident or injury that occurs within the common areas no later than 24 hours after the incident.

3.9. All unresolved complaints, communications and requests relating to the common areas and areas maintained by the Association within Orangewood shall be made in writing to the Management Company designated by the Board of Directors. Work Order forms are available on the Association�s community web page or by request from the Management Company.

3.10. Where double doors are involved, both doors must be screened. No external awnings or free hanging sun shades of any sort shall be allowed except inside patio enclosures. Use of aluminum foil, blankets, sheets, flags is not permitted. Bare windows also not permitted.

3.11. Car washing is not permitted. Washing your patio is permitted as long as it is contained within the boundaries of your patio and does not run onto neighboring patios or common areas. All debris must be removed from the common area.

3.12. The following colors for screens and screen doors have been approved: grays, brown and black.

3.13.  Yard sales are not permitted on patios or common areas.

4. MAINTENANCE ASSESSMENT

4.1. The balance of any Owner�s maintenance assessments is due on or before the first day of the month.

4.2. The standard collection policy for Orangewood Townhome Park is as follows:

       4.2.1   On the 15th of the month, a Late Notice is sent and a late penalty of $25.00 assessed.
       4.2.2   When 45 days delinquent, a Delinquent Notice is sent and a $25.00 penalty is assessed.
       4.2.3   When 75 days delinquent, a Demand Letter is sent and an $85.00 penalty is assessed.
       4.2.4   10 days after Demand Letter�if no response, a Lien (includes lien release) is placed and a $215.00 penalty assessed.
       4.2.5   10 days after Lien�if no response, the account is sent to Collections, with attorney costs assessed.

5. EXTERIOR CHANGES

5.1. No building, building additions, patio cover, screen door, sun shades, reflective window film, awning, gate, fence, lighting, or landscaping shall be commenced, erected, installed, improved, altered or painted without prior written approval of the Board of Directors. Any such proposed change or activity must be submitted in writing to the Board of Directors. Architectural applications are available on the Association�s community web page or by request from the Management Company.

5.2. No device or object of any kind may be affixed to the walls, ceiling, door, floor, roof or overhang of any patio, balcony or entry to any unit or any railing without written approval of the Board of Directors.

6. TRASH

6.1. Rubbish, trash and garbage shall be kept only in approved bins or containers.

6.2. You are required to bag your trash, break down your boxes and make sure the door to the dumpster is closed securely after use. If a dumpster is full, please place your trash in another receptacle. Trash placed outside the dumpster will not be collected.

6.3. Do not discard batteries, tires, oil, transmission fluid, hazardous waste, furniture or mattresses in the dumpster or in the dumpster area. The disposal of this type of debris is the unit owner�s responsibility. The Association does not provide for disposal of these items.

6.4. Dumpster lids are to be closed after use. When lids are left open, odors and flies increase and are a nuisance and a health hazard to all residents.

7. PARKING

7.1. A maximum of two (2) vehicles per household are permitted on the premises. No vehicle construction, repair, restoration, or bodywork other than repairs of an emergency nature is permitted. Flat tires must be repaired within 24 hours. All vehicles must display valid and current registration. Each assigned parking space is assigned by your lot number.

7.2. No mobile home, commercial truck over � ton, camper van, delivery van, inoperable motor vehicle, boat, or trailer of any kind shall be kept in the parking area. Such vehicles may enter the community for the purpose of loading and unloading for a temporary period not to exceed 24 hours.

7.3. Improperly parked vehicles will be subject to fines and/or towing after proper notification.

7.4. All Owners are responsible for making sure their guests and/or tenants park their vehicles in accordance with the above rules and are likewise responsible for any fines assessed as a result of the actions of their guests or tenants.

8. PATIOS, BALCONIES, WALKWAYS AND STAIRWELLS

8.1. No visible storage of any unsightly nature is permitted on any exterior wall, window, door, balcony, patio or fence. This includes bicycles, motorcycles, clothing, clotheslines, towels, cleaning items, excess furniture, boxes, etc.

8.2. All patios and the landscaping therein must be kept in a neat, unobtrusive manner. Owners are liable for any costs incurred if the Association has to maintain any patio or deck.

8.3. Each unit is allowed (1) potted plant placed outside the front door. This potted plant must be no more than five (5) feet from the front door, must be placed on the concrete surface and must not block the walkway.

8.4. No plants, pots, or other objects are permitted to be placed on top of any wall.

8.5. Holiday decorative items do not require approval; however, decorative items shall not be displayed more than 30 days prior to the actual holiday or more than 14 days after the actual holiday. Decorations shall stay within the unit boundaries and are not permitted in the common areas.

8.7. Barbecue grills, tiki torches, gas heaters, candles or any open flame are not permitted on patios or balconies. This is a City of Glendale code ordinance.

9. PETS

9.1. Only domestic dogs, cats, fish and birds inside cages may be kept as household pets. No exotic animals such as monkeys, reptiles, wild animals, etc., shall be permitted on the premises.

9.2. A maximum of two (2) dogs per household is permitted. The maximum pet weight is 30 pounds.

9.3. All pets must be on a leash or caged when outside the unit. Owners of pets are required to immediately clean up pet droppings and dispose of them properly. Pets shall not be tied up on patios, landscaped areas, balconies or common areas. No pets are allowed in the pool area (Maricopa County health regulation).

9.4. Dog barking complaints fall under a City of Glendale ordinance as a criminal misdemeanor.

9.5. Complaints may be made by calling the City of Glendale Animal Control Mediation Office. Keep a record of all your complaints.

9.6. Fines may be imposed on a pet owner if the pet makes unreasonable noise or becomes a nuisance. The owner will also be fined for not picking up after their pet.

10. MISCHIEVOUS ACTS AND VANDALISM

10.1. Mischievous acts of vandalism cost each resident money. Repairs for damages to common areas must come from the Association�s funds either directly or indirectly through increased insurance premiums. Any person observed damaging property will be charged for the damage incurred by their family members, including children, tenants, guests, licensees, invitees, agents and pets.

11. POOL RULES

11.1. The pool is open from 7:00 AM to 10:00 PM. DO NOT ENTER THIS AREA DURING CLOSED HOURS.

11.2. All persons use the pool at their own risk. There is no lifeguard on duty. Occupants under the age of 18 are not permitted to use the pool unless accompanied by an adult.

11.3. Babies in diapers are not permitted in the pool without tight fitting plastic pants.

11.4. The pool is for the exclusive use of the residents and their guests.

11.5. The gates to the pool area must remain closed and latched at all times, not left ajar or propped open. This is a Maricopa County ordinance and our pool is subject to closure if this is not rigidly controlled.

11.6. Pets are not permitted in the pool area (Maricopa County Health Department regulations).

11.7. Glass containers shall not be brought into the pool area. Clean-up and proper rearrangement of chairs and lounges are the individual user�s responsibility.

11.8. There will be no running, diving, undue splashing, horseplay or obscene language in the pool area.

11.9. Bobby pins, hairpins, elastic and rubber bands must be removed from the hair before entering the pool.

11.10. Only persons dressed in swimming suits are permitted in the pool. Street wear (cutoffs or similar attire) is not permitted.

11.11. Only battery-operated radios with headsets are permitted in the pool area. The volume of such should not interfere with the peaceful enjoyment of others.

12. FIRE

12.1. IF AN UNCONTROLLABLE FIRE STARTS IN A UNIT:

12.1.1. Leave your unit immediately and close the door behind you.

12.1.2. Immediately call 911 from an area that is free from the danger of the fire. Describe the unit number/unit address and what you  have observed. Do not assume that anyone else has already called.

12.1.3. Stay calm.

13. FIRE EXTINGUISHER

13.1. The Fire Department can recommend the fire extinguisher equipment to be purchased for your condominium unit. It is recommended that each Homeowner have at least one fire extinguisher.

13.2. For personal safety, a family emergency plan may be the best investment you can make:

13.3. Know your exit routes

13.4. Have a family fire drill from time to time

14. FLAMMABLE MATERIALS

14.1. Fire Department regulations stipulate that explosive and flammable materials cannot be stored in residential units. These materials include paint, paint thinner, and gasoline. For your own protection and safety, it is requested that violations observed be reported to the Management Company immediately.

15. SECURITY

15.1. The following procedures are designed to make community security more effective:

15.2. Community lighting is provided not only for appearance, but also for safety and security.

15.3. Please report all burned out bulbs to the Management Company for replacement.

15.4. Any unusual or suspicious activity should be reported to the Glendale Police Department and the Management Company.

16. SIGNS

16.1. No advertising or other signs shall be erected, placed or permitted to remain on any unit or the common area except as otherwise provided by the Board or unless prior written approval by the Board has been received.

17. OPEN HOUSES

17.1. Open houses may be held only during the following hours: 10:00 AM to 5:00 PM. All signs advertising the open house must be removed by 5:30 PM. The open house must be staffed by the Owner or Owner�s Agent and supervised at all times.

18. RENTAL AND LEASE REQUIREMENTS

18.1. Each Owner who rents his/her unit is responsible for each of the following:

18.1.1. Notifying the Management Office, prior to the inception of the lease, the duration of the lease, the name of the Lessee and an emergency contact.

18.1.2. Attaching a copy of the CC&Rs along with these Rules & Regulations to the lease.

18.1.3. Providing keys for entrance to the unit, pool, mailbox and information about assigned parking and trash pick-up.

18.2. Each lease agreement shall contain language indicating that the Lessee has been provided copies of the CC&Rs and the R&Rs applying to Orangewood Townhome Park and that the Lessee agrees to abide by and be bound by the provisions of such documents.

19. FINES AND PENALTIES

19.1. Any infraction of these Rules and Regulations, Bylaws or CC&Rs by the Owner, family member, guest, invitee, tenant, licensee or agent shall result in a warning and/or fine against the applicable Owner and further penalty as follows:

19.2. FINE POLICY

19.2.1. FIRST NOTICE: This courtesy notice is the initial letter from the Board or its designated representative, notifying the Member of a violation. The letter will state the violation that occurred, the date on which it occurred, and state the requested remedy. The Member will have fourteen (14) days from the date of the Violation Notice to comply. If the violation is remedied, no further action will be taken. If the same violation persists past fourteen (14) days, or subsequent violations occur at a later date, a fine notice will be sent to the Member.

19.2.2. SECOND NOTICE: If the same violation persists past fourteen (14) days, or subsequent violations occur at a later date, a fine of $25.00 will be imposed upon the Member. A fine notice will be mailed to the Member via certified and first class mail. Refusal to accept the certified mail will not affect the fine collection process. The fine is payable immediately upon receipt of the fine notice and, if left unpaid, the Member�s account status will remain delinquent.

19.2.3. THIRD NOTICE: If the same violation persists past fourteen (14) days, or subsequent violations occur at a later date, a fine of $50.00 will be imposed upon the Member. A fine notice will be mailed to the Member via certified and first class mail. Refusal to accept the certified mail will not affect the fine collection process. The fine is payable immediately upon receipt of the fine notice and, if left unpaid, the Member�s account status will remain delinquent.

19.2.4. CONTINUING NOTICE AFTER FOURTH NOTICE: Any additional fines imposed following the fifth notice will be imposed at an amount of $100.00 for each additional violation.

19.2.5. FINES: No fine shall be imposed without first providing a written warning to the homeowner describing the violation and stating that failure to comply the violation within no less than (14) days or another reoccurrence of the same violation within 6 months of the original violation shall make the homeowner subject to the imposition of a fine.

20. VIOLATION/FINE APPEAL PROCESS

20.1. When a violation notice is sent to a homeowner, the notice includes a statement notifying the homeowner that they have the �RIGHT TO REQUEST WRITTEN EXPLANATION�. When a homeowner wants to appeal a violation, they must send the Management Company written notice that they are requesting an appeal of the violation.

20.2. Appeals shall be received within ten (10) days of the date of the fine notification (violation letter).

20.3. Appeals shall demonstrate extenuating circumstances that require deviation from the CC & Rs and/or guidelines.

20.4. Appeals shall include all pertinent backup information to support the existence of the extenuating circumstance.

20.5. All decisions of the Board are final and may not be further appealed.

20.6. Any appeal that does not meet the above requirements shall not be heard by the Board and shall be considered DENIED.

20.7. The homeowner appealing the violation will be given written notice that the appeal is scheduled.

20.8. The appeal shall be heard in Executive Session.

20.9. The Board President will introduce all parties.

20.10. Lengthy discussions are not a part of an appeal process.

20.11. The homeowner who is appealing will be asked to state their case and present any documentation that is applicable.

20.12. Each Board Member will have the opportunity to ask the homeowner specific questions regarding the appeal.

20.13. Upon completion of the question and answer period, the Board President will state that the appeal has been heard and the Board will make their decision in closed session. Then �Written Notice� will be given to the homeowner of the Board�s decision within seven (7) working days.

20.14. If the appeal is denied, the homeowner must bring the violation into compliance within ten (10) days. If the violation still exists after ten (10) days, the homeowner will be fined every fourteen (14) days until the violation is corrected. In addition, the Board of Directors may seek legal action to remedy the violation.

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� 2012, Friends of Orangewood Townhouse Park. All rights reserved. Last revised 22 October 2012.