KENMARA

Rules and Regulations of the Kenmara Homeowner's Association

The community is governed by the Declaration of Covenants, Restrictions and Easements, the Bylaws of the Kenmara Homeowner's Association, and the Rules and Regulations of the Kenmara Homeowner's Association, collectively referred to as the Governing Documents. The purpose of the Governing Documents is to ensure that the community remains beautiful, homeowners enjoy the ongoing attractiveness and amenities of the neighborhood and to provide a measure of peace of mind, knowing that property values will remain protected.

The Rules are meant to clarify when the need for Kenmara Executive Board approval, in the specific instances noted below, is necessary. Anything not specifically set forth below is still subject to the procedures and restrictions set forth in the Governing Documents.

These Rules are subject to change, as provided for in the Declaration, Pennsylvania Uniform Planned Community Act and the Kenmara Bylaws.

Pools

· Before entering into a contract for a pool, fence or associated landscaping, applicants must obtain approval of their plan from the Kenmara Executive Board. The Kenmara Executive Board shall use these rules as a guide, but it shall have the right to impose additional requirements or to waive requirements where the Kenmara Executive Board feels that different requirements are warranted by the particulars of the application.

· No above-ground swimming pools are permitted on any lot.

· The pool will be positioned directly behind the dwelling wherever feasible, for maximum privacy for all concerned.

· Pool enclosure fencing shall be as described in the Fences section listed below. These covenants are more restrictive than the location of the fencing set forth in the Township Zoning Ordinance. The fencing will be located immediately around the pool rather than the maximum amount specified in the Fences section to expand the perceived land area and open the views for you and your neighbors.

OPTION 1

POOL AREA CONCEPT LANDSCAPE PLAN
TYPICAL THROUGH STREET LOT

SEE RULES FOR EXTERIOR MODIFICATION FOR ADDITIONAL LANDSCAPING ALONG FENCE
NOTE:
ALL POOL EQUIPMENT MUST BE TOTALLY SCREENED OR BURIED AND ENCLOSED

10 EVERGREEN TREE (5 MIN)
(HEMLOCK. SPRUCE. FIR)

24. EVERGREEN SHRUB (2-2 ½' HT.)
(BAYBERRY. INKBERRY. RHODODENDRON)

10- DECIDUOUS SHRUB (2-2 ½' HT.)
(DWARF WINGED EUONYMUS. VIBURNUM)

KENMARA
DATE: 7/15/98

OPTION 2

POOL AREA CONCEPT LANDSCAPE PLAN
TYPICAL THROUGH STREET LOT

NOTE:
SEE RULES FOR EXTERIOR MODIFICATION FOR ADDITIONAL LANDSCAPING ALONG FENCE

ALL POOL EQUIPMENT MUST BE TOTALLY
SCREENED OR BURIED AND ENCLOSED

NOTE:
SUGGESTED LANDSCAPING
APPLY TO EITHER SIDE OR REAR OF PROPERTY

PLANT SCHEDULE

16 EVERGREEN TREE (5 MIN)
(HEMLOCK. SPRUCE. FIR)

39 . EVERGREEN SHRUB (2-2 ½' HT.)
(BAYBERRY. INKBERRY. RHODODENDRON)

20- DECIDUOUS SHRUB (2-2 1/2 HT.)
(DWARF WINGED EUONYMUS. VIBURNUM

KENMARA
DATE: 7/15/98

· Landscaping is required to buffer the view of the pool and pool equipment as further described below in the "Fences" section and as shown in the attached illustrative plans.

· Check with township zoning officer for any other requirements before signing a contract to install a pool.

Fences

Fences, other than underground "invisible" fences, are not permitted except around an in-ground swimming pool. Such fencing and related pool must be approved by the Kenmara Executive Board and meet the following criteria:

· The fence must be of wood post and rail or wood post and split rail, and left either unstained or unpainted, or treated with a colorless wood preservative.

· Wire or vinyl meshing between the rails is permissible in a black, dark green or dark gray color.

· The fence must be no higher than four feet or the minimum height required by township building code for pool fences.

· The fence may not encroach beyond the side yard setback of the home, which is shown on your plot plan. In addition, the fence may not extend forward of the rear wall of your dwelling. In addition, the fence must stop at least 10' from the rear property line, unless otherwise approved by the Kenmara Executive Board.

· Landscaping must be installed along the perimeter of the outside of the fencing. The landscaping should consist of evergreen trees at least five feet high at time of planting, and be planted in staggered groups or clusters and not in a straight line. The landscaping is intended to screen the view of the fencing, pool and pool equipment from the street and from neighboring properties. At least 25% of the lineal footage of the fencing must be screened.

· The Kenmara Executive Board may agree to substitute existing heavy vegetation for such landscaping where it accomplishes the above objectives.

· For documentation that needs to be submitted for approval for fences/pools, please see the end of this document.

Sheds/Dog Houses

· Sheds are not permitted. Exterior dog houses and dog pens are not permitted.

Vegetable Gardens

· Vegetable gardens are allowed in the rear yard, located directly behind the house and between the imaginary lines extending directly back from the dwelling's side walls. Vegetable gardens are not permitted in the front or side yards of the dwelling. Fence, of a chicken wire type not to exceed two feet in height, are permitted. Except as approved by the Kenmara Executive Board, no other fencing is permitted other than that which conforms to the "Fence" rules noted above.

Children's Play Equipment (Permanent)

· Children's play equipment must be located directly behind a house and between the imaginary lines extending directly back from the dwelling's side walls.

· Such equipment must be exclusively in earth-toned colors consisting of brown, tan, forest green, or black or other color as may be approved in writing by the Kenmara Executive Board.

· Wood structures are preferable (stained or painted in a colorless wood preservative or in earth toned colors as above).

· All slides, awnings, and swings must be earth-toned colors (brown, tan, forest green, black), when these colors are offered as an option with the play equipment.

Screen/Storm Doors

· These are permitted over an exterior door and only if "full view" and in a color that is coordinated and consistent with the front door or exterior trim color.

Awnings

· Any permanent deck, pool, or outdoor awnings of any type must be approved by the Architectural Committee and must be in a solid, earth-toned color (no stripes or florals). Seasonal awnings and umbrellas shall be permitted in colors and patterns at the discretion of the homeowner.



Sports Structures Portable and Permanent

· Sports structures, nets, and other children's' play equipment should be stored inside at night. Portable, free-standing basketball hoops and backboards are permitted. Permanent basketball structures are permitted but must have posts of black, dark green, brown or tan and transparent, earth-toned or neutral colored backboards.

Lawn/House Ornamentation

· Ornaments (i.e. statues, birdbaths, sculptures or similar structures) that are visible from the street or adjoining house shall be of neutral, natural or earth-toned colors (brown, tan, forest green, black). The placement of ornaments shall not encroach within twenty-five feet of the street nor ten feet of a neighboring property. Ornaments shall not exceed sixty inches in height or width, nor convey an offensive theme as determined by the Kenmara Executive Board. Temporary holiday displays are permitted for a reasonably period of time prior to and after the holiday.

Post Lamps

· Post lamps must be black or earth-toned colors of metal or wood in a natural stain or painted to match exterior color and should contain a bulb(s) of no greater than 40 watts.

Vehicles

· The parking of any commercial vehicles or vans, mobile homes, motor homes, trailers, campers, boats, RV's and the like is permitted only if parked entirely inside the garage of a dwelling. No regular parking of these vehicles in the driveway, on the lot, or on the street is permitted. An exception, with the prior approval of the Kenmara Executive Board, will be made for temporary periods, not to exceed one week, two times per year.

Clotheslines

· Clotheslines or clothes drying structures are not permitted neither may clothes be hung outside to dry on such structures.

Decks

· Decks of pressured treated pine, cedar or mahogany and composite material of a natural coloring are permitted so long as any stains are clear or earth-toned and railings are not greater than three and one half feet high from the floor of the deck. Horizontal slats or vertical spindles are permissible.

Landscape Screening

· Landscaping planted in a straight line to delineate a property line or act as a fence is not permitted without Kenmara Executive Board approval. Landscaping intended as a visual screen is to be grouped in clusters to convey a more informal look.

Additions

The Kenmara Executive Board must approve any exterior addition(s) to the home in writing. All necessary documentation (see below) is to be submitted in writing and must meet the following rules:

· All of the exterior of the addition must match the materials and colors of one or all parts of the rest of the exterior of the existing dwelling.

· The exterior trim must match that (in type and color) of the trim on the rest of the home.

· The roof pitch must be equal to that of the rest of the home or as otherwise approved in writing by Kenmara Executive Board.

· The windows must match the type and color of those on the rest of the dwelling or as otherwise approved in writing by the Kenmara Executive Board.

Submitting a Request for Approval

To make a request for Kenmara Executive Board approval of a specific exterior modification to your home, submit, in duplicate when feasible, the following information to the Kenmara Architectural Review Committee (ARC). Contact the Kenmara Executive Board for ARC member information. Complete and accurate information will facilitate a timely response to your request. Include the following required information:
1. Your name, address, phone number, and lot number.

2. Plot plan of your lot showing the proposed change including proposed grading and landscaping information. Please sketch in your contiguous neighbors' lots and approximate placement of their houses in relation to your house and the proposed change.

3. An elevation drawing of your proposed change from front, side and rear view.

4. Adequate information to describe the change including specifications, manufacturers' names, material names and colors. Include diagrams, paint chips, and manufacturer's cut sheet, whatever possible. Photographs of your home from the street showing your home and your immediate neighbors' homes, the rear of your property from you neighbors' lots on either side of you and directly behind you.

Fining and Due Process Procedures

· The Association has a substantial interest in preserving the health, safety and welfare of the owners and the value and appearance of the land comprising the Kenmara planned community, including the lots and the common elements (collectively the 'Property"), as well as in deterring violations of the Governing Documents and obtaining the owners' and residents' compliance therewith.

· The Association has determined that the establishment of a Fining and Due Process Procedure for the determination and remediation of violations of the Governing Documents, and to prevent and remedy breaches and violations of the Governing Documents, will help to deter violations and secure voluntary compliance, while preserving the health, safety and welfare of the owners, and maintaining the appearance and value of the Property.

· Owners bear the obligation to comply with the Governing Documents.

· Owners also bear the obligation to require their family members, all the people who may reside in the owner's home, as well as the owner's guests, invitees, licensees, tenants, agents, servants, employees and contractors to comply with the Governing Documents.

· The owner of a Lot will be treated by the Executive Board for all purposes as the person responsible for a violation.

· The owner will be the person obligated to pay all fines levied for a violation of the Governing Documents without regard for whether the violation was committed by a family member, resident, guest, invitee, licensee, agent, servant, employee, or independent contractor of the owner.

· The owner will be the person obligated to reimburse any costs, fees, or expenses incurred by the Association, and to carry out the abatement, cure, or remediation ordered by the Executive Board, and/or a court in the event of litigation, without regard for whether the violation was committed by a family member, resident, guest, invitee, licensee, agent, servant, employee, or independent contractor of the owner.

· Any owner, Executive Board member, committee member, or the community manager if any may be appointed, may submit a complaint reporting a violation of the Governing Documents to the Executive Board.

· Every complaint must state in writing the essential facts describing the violation of the Governing Documents. Complaints should include by way of example, but not by way of limitation, the following information: the date the violation happened; the lot, lots or portions of the Property upon which the violation occurred; a detailed description of the violation; the names or descriptions of the people who participated in the violation; the names or descriptions of the people who saw the violation; a description of any injuries

· which may have been suffered by any person; and a description of any damages which may have been done.

· Complaints must be signed by the owner making the complaint.

· The Executive Board may decline to take any action if a complaint does not provide sufficient information to demonstrate that a violation may have occurred.

· The Executive Board may decline to take any action if a complaint is not signed by at least one owner.

· The Executive Board will review all written, signed complaints submitted at the next meeting of the Executive Board. But if the Executive Board receives a complaint with respect to a violation which represents an immediate threat to the health, safety or welfare of the owners, or to the administration, management or operation of the Association, or to the enjoyment, use or value of the common elements, then Executive Board may meet to review the complaint at the Executive Board's earliest convenience.

· The Executive Board may interview or speak with any owner or person who is identified in a complaint as someone who committed, observed, reported or suffered injuries or damages because of the reported violation, as well as any other owner or person who is named in the complaint and any owner or person whom the Executive Board believes may have any information about the reported violation.

· The Executive Board may, but is not required to, request that a complaint be reviewed by the Association's legal counsel for purposes of providing advice to the Executive Board about the reported violation; but the Executive Board must make the final determination as to whether the acts complained of is a violation of the Governing Documents.

· The Executive Board may attempt to resolve any reported violation informally as between the owner who made the complaint and the owner who is responsible for the violation.

· Any final, formal determination that a violation has been committed must be made by a majority vote of the Executive Board, otherwise the complaint will be dismissed.

· If the Executive Board investigates a complaint, and determines that a violation of the Governing Documents has not occurred, then neither the Executive Board, nor the Association, will have any obligation or duty to take any further action with respect to the matters which were the subject of the complaint.

· If the Executive Board determines that an owner has committed a single violation of the
Governing Documents, or that an owner's family member, guest, invitee, licensee, tenant, agent, servant, employee or contractor has committed a single violation of the Governing Documents, then the Executive Board may levy a fine against the owner in an amount consistent with the nature and severity of the violation, but not less than $50.00, nor more than $100.00.

· If the Executive Board determines that an owner has, or is engaged in, committing a continuing violation of the Governing Documents, or that an owner's family member, guest, invitee, licensee, tenant, agent, servant, employee or contractor has, or is engaged in, committing a continuing violation of the Governing Documents, then the Executive Board may levy a fine against the owner in an amount consistent with the nature and severity of the violation, but not in excess of $100.00 per day for a continuing violation.

· If the Executive Board determines that an owner is responsible for a violation of the Governing Documents, and if the owner has violated the same provision of the Governing Documents at least one (1) time within the twelve (1 2) month period preceding the new violation, then the Executive Board may levy a fine against the owner in an amount consistent with the nature and severity of the new violation, but not in an amount in excess of $100.00 for the new violation, and/or an amount not in excess of $100.00 per day if the new violation is of a continuing nature.

· The Executive Board may also issue a demand letter to an owner directing the owner to cease and desist from committing a violation, and advise the owner what action or steps the owner must take to stop the violation, and/or to prevent the violation from happening again.

· The Executive Board may issue a demand letter directing an owner to take action or perform work at the owner's sole cost and expense, on or about the owner's lot and/or the common elements if needed, to abate, cure or remedy a violation, to repair any damages, and to return any disturbed area of the Property to the appearance, condition and function in which it existed before the violation was committed.

· The Executive Board may levy a fine, and/or direct an owner to cease and desist from committing a violation, abate, cure or remedy a violation and/or demanding that an owner perform work to return any disturbed area of the owner's lot and/or the common elements to the appearance, condition and function in which they existed before the violation was committed, in the same or separate letters (collectively a "Notice of Violation"), in any order, and at such times, as may be determined by the Executive Board.

· A copy of any Notice of Violation issued by the Executive Board will be kept in the file for the owner's lot.

· If a Notice of Violation is issued by the Executive Board, and the owner to whom the Notice of Violation does not promptly and fully pay any fine levied, and/or if the owner does not full and promptly cease and desist from committing the violation, abate, cure or remedy the violation and/or perform all work demanded to return any disturbed area of the owner's lot and/or the common elements to the appearance, condition and function in which they existed before the violation was committed, then the Notice of Violation may be attached to any Resale Certificate the Association may issue for the owner's lot pursuant to Declaration Article VI, Section 6. 1 (c).

· Unpaid fines, uncorrected violations, violations which are not fully abated, cured or remedied, and/or work to return any disturbed area of the owner's lot and/or the common elements to the appearance, condition and function in which they existed before the violation was committed which is not fully completed, will be disclosed in any resale certificate the Association may issue for the owner's lot pursuant to Declaration Article VI, Section 6. 1 (c) and/or Section 5407 of the Act.

· If a Notice of Violation is issued by the Executive Board, then it will identify the provision of the Governing Documents which the owner has violated, and state the essential facts establishing that the violation occurred.

· A Notice of Violation letter may give an owner a reasonable period of time, up to, but not in excess of, thirty (30) days to cease and desist from committing the violation, abate, cure or remedy the violation, repair any damages, and/or to return any disturbed area of the owner's lot and/or the common elements to the appearance, condition and function in which they existed before the violation was committed, before any fine levied against the owner becomes due and payable.

· If a Notice of Violation letter is issued to an owner, and the owner does fully and timely, as determined by the Executive Board, cease and desist from committing the violation, abate, cure or remedy the violation, repair any damages, and/or return any disturbed area of the owner's lot and/or the common elements to the appearance, condition and function in which they existed before the violation was committed, then the fine levied against the owner may be waived by the Executive Board. Although the Executive Board may waive a fine, the violation will be considered a first violation under the provisions of paragraph 21 of this Fining and Due Process Rule.

· If a Notice of Violation letter is issued to an owner, and the owner does not fully and timely, as determined by the Executive Board, cease and desist from committing the violation, abate, cure or remedy the violation, repair any damages, and/or return any disturbed area of the Property to the appearance, condition and function in which it existed before the violation was committed, then the fine levied against the owner will be due and payable by the owner in accordance with the Notice of Violation.

· If a per day fine is levied by the Executive Board for a continuing violation, then the fine will begin to run from the date stated in the Notice of Violation (the "Fine Commencement Date").

· The payment of any fine levied by the Executive Board will be suspended during the pendency of an appeal proceeding, but the fine will be due and payable from the Fine Commencement Date if the Executive Board denies the owner's appeal.

· All fines levied by the Executive Board against an owner for violations of the Governing

· Documents are a lien against the owner's lot, and are the owner's personal obligation, collectible by the Association from the owner in same manner as any unpaid assessment due under the Declaration.

· In addition to the powers to resolve a matter informally, to levy a fine, issue a cease and desist letter, and/or issue a letter directing an owner to take action to abate, cure or remedy a violation, and/or to repair any damages, and/or to perform work to return any disturbed area of the owner's lot and/or the common elements to the appearance, condition and function in which they existed before the violation was committed, the Association will also have the power, as may be authorized by the Executive Board, to pursue all legal and/or equitable remedies against an owner which may be available to the Association under the Declaration, the Pennsylvania Uniform Planned Community Act and/or prevailing law.

· The Association may pursue legal remedies at any time, as may be authorized by the Executive Board.

· All costs, charges, expenses and fees, including attorneys' fees, incurred by the Association because of an owner's violation of the Governing Documents, as well as those incurred by the Association to enforce an owner's compliance with the Governing Documents and/or any Notice of Violation, will be a lien against the owner's lot, and are the owner's personal obligation, collectible by the Association from the owner in same manner as any unpaid assessment due under the Declaration.

· The costs, charges, expenses and fees which are recoverable from an owner who violates the Governing Documents, include by way of example, but not by way of limitation: attorneys' fees; court costs; fees incurred to obtain professional advice and guidance regarding the nature and extent of damages to the Property, the work or action which must be performed to abate, cure or remedy a violation, to repair damages and/or to perform work to return any disturbed area of the Property to the appearance, condition and function in which it existed before the violation was committed; investigating the nature, substance, degree and effect of a violation; and those incurred in any effort to negotiate and document an amicable resolution or settlement of a violation.

· If the Executive Board issues a Notice of Violation letter to an owner, then the owner will have the right to file an appeal of the Notice of Violation to the Executive Board.

· The owner must file a written appeal with the Executive Board within ten (10) days from the date of the Notice of Violation letter.

· If an owner does not file a written appeal with the Executive Board within - ten (10) days from the date of the Notice of Violation letter, then the owner will be treated as having waived all rights of appeal, and as having admitted the violation, and as having agreed to fully comply with the Notice of Violation.

· If an owner's appeal letter is post marked by the United States Postal Service within ten (IO) days from the date of the Notice of Violation letter, or if the owner's appeal is hand delivered to the Association's Secretary and/or President within ten (I 0) days from the date of the Notice of Violation letter, then the owner's appeal will be treated as having been filed on a timely basis.

· An owner's written appeal must state the essential facts and/or provisions of the Governing Documents which form the basis of the appeal.

· If an owner wishes to have an appeal hearing before the Executive Board, then the owner's written appeal must contain a request for the Executive Board to schedule an appeal hearing.

· If an owner requests an appeal hearing, then the owner's appeal must also state the names of all of all of the people whom the owner will call as witnesses at the appeal hearing.

· If an owner requests an appeal hearing, then the appeal hearing will be scheduled by the Executive Board.

· Appeal hearings will be held within fourteen (14) days after the Executive Board's receipt of the owner's appeal letter.

· Upon not less than three (3) days written notice to the owner, the date for holding an appeal hearing may be continued one time by the Executive Board for a period not in excess of seven (7) days.

· Upon not less than three (3) days written notice to the Executive Board, the date for holding an appeal hearing may be continued one time by the owner for a period not in excess of seven (7) days.

· The Executive Board will reschedule hearings which are continued and provide the owner with written notice of the new hearing date.

· If an owner submits a written appeal which does not contain a request for the Executive Board to schedule an appeal hearing, then the owner's appeal will be treated as a written appeal, and the owner will be treated as having waived all rights to have an appeal hearing.

· If an owner submits a written appeal which does not contain a request for the Executive Board to schedule an appeal hearing, then the owner's appeal will be treated as authorization for the Executive Board to decide the appeal based on the owner's written appeal and any documents the owner may submit to the Executive Board together with the appeal.

· If an owner submits a written appeal which contains a request for the Executive Board to

· schedule an appeal hearing, then the owner will be treated as having waived any right to submit a written appeal for determination by the Executive Board without holding an appeal hearing.

· If an owner submits a written appeal without requesting a hearing, then the owner will be treated as having agreed to accept, and to fully and promptly comply with the Executive Board's decision on the basis of its review of the owner's written appeal.

· If an owner submits a written appeal requesting a hearing, then the owner will be treated as having agreed to accept, and to fully and promptly comply with the Executive Board's decision on the basis of the owner's written appeal and any evidence, documents or testimony presented at the appeal hearing.

· An owner may submit a written appeal to the Executive Board by stating in the owner's appeal all of the information and arguments which the owner wishes the Executive Board to consider in deciding the owner's appeal; the owner may attach to the appeal any letters, statements, plans, photographs and/or any other documents or information which the owner wants the Executive Board to consider before making a decision on the owner's appeal.

· If an owner submits a written appeal which is complete, then the Executive Board will issue a decision on the written appeal within ten (10) days after receipt of the owner's appeal.

· If an owner's written appeal is not complete, or which does not provide sufficient information for the Executive Board to decide the appeal, then the Executive Board may deny the appeal, request more information from the owner who filed the appeal, or elect to conduct an appeal hearing, in which case the Executive Board will give notice to the owner of the scheduling of an appeal hearing, and the Executive Board and the owner will proceed in accordance with the provisions of this Fining and Due Process Rule regarding appeal hearings.

· Appeal hearings will be held in a location sufficiently large to accommodate the Executive Board, the appealing owner and any witnesses attending the appeal hearing.

· Subject to the decision of the Executive Board, appeal hearings may be heard by the entire Executive Board, by a committee consisting of Executive Board members appointed by the Executive Board to hear the appeal, or by an Executive Board member appointed by the Executive Board to act as a hearing officer for the Executive Board.

· The owner, as well as the Association and the person who made the complaint against the owner, will have the right, but not the obligation, to produce any relevant statements, documents, exhibits and/or testimony at the appeal hearing.

· An owner who files an appeal may be represented by a lawyer at an appeal hearing.

· The Association may be represented by a lawyer at an appeal hearing.

· If an appeal hearing is heard by the entire Executive Board, then the President of the Association will preside over the hearing.

· If an appeal hearing is heard by a committee consisting of members of the Executive Board, then the Executive Board will designate the member of the committee who will preside over the hearing.

· If an appeal hearing is heard by a member of the Executive Board appointed to act a hearing officer, then the hearing officer will preside over the hearing.

· The person who presides over an appeal hearing will determine the order of presentation for the appeal hearing, and will determine what statements, documents, exhibits and/or testimony may be presented.

· Strict rules of evidence and procedure such as might apply in a courtroom will not apply to appeal hearings.

· The person who presides over an appeal hearing will permit the presentation of statements, documents, exhibits and/or testimony reasonably related to the violation at issue, and to any fine levied, and/or directives to cease and desist from committing a violation, to abate, cure or remedy a violation and/or demands for the performance of work to return any disturbed area of the Property to the appearance, condition and function in which it existed before the violation was committed,

· The person who presides over an appeal hearing need not permit the presentation of statements, documents, exhibits and/or testimony which are not related to the violation, nor those which are merely repetitive, cumulative and/or hearsay.

· If an appeal hearing is conducted by a hearing officer or committee of members of the Executive Board, then within three (3) days after the conclusion of the appeal hearing, the hearing officer or committee will prepare and submit a written report to the Executive Board for the Executive Board to review and decide the appeal.

· The hearing officer or committee will attach to the report copies of all statements, documents and/or exhibits which were delivered to the hearing officer or committee at the appeal hearing.

· A copy of the hearing officer's or committee's report will also be mailed or delivered to the owner who brought the appeal.

· No transcript, nor any sound or video recording of any appeal hearing may be taken, unless taken with the prior, signed consents of the Executive Board, committee or hearing officer, and all persons present for the appeal hearing.

· If any transcript or sound or video recording of an appeal hearing is taken, then it must be taken at the sole cost and expense of the person requesting the transcript, the person taking the transcript must provide the Executive Board with a copy of the transcript taken, and/or the sound or video recording, without cost, fee or charge of any kind.

· The owner who filed the appeal, the Executive Board, Executive Board committee members and/or hearing officer, and their lawyers if present, will be permitted to cross-examine all witnesses, and to examine all evidence presented, during the course of an appeal hearing.

· Within fourteen (14) days after the conclusion of the appeal hearing the Executive Board will consider all of the evidence submitted at the appeal hearing, review the hearing officer's or committee's report if applicable, and issue its decision on the appeal in writing to the owner who filed the appeal.

· The Executive Board's decisions on all appeals will be made by majority vote.

· The Executive Board may decide appeals at any meeting of the Executive Board at which a quorum of the Executive Board members is present.

· The Executive Board's decision on all appeals will be final, binding and unappealable.

· The Association is required to make reasonable accommodations under the Governing Documents, and/or to permit reasonable modification to be made to the Property, so that a handicapped owner, or a handicapped family member, guest or tenant who may occupy the owner's lot, and use, enjoy and have access to the owner's lot and house.

· The Executive Board may make reasonable accommodations by granting a variance to a handicapped owner, or to an owner for the benefit of any handicapped family member, guest or tenant who may occupy the owner's lot, from the obligation to comply with provisions of the Governing Documents so that a handicapped owner, or a handicapped family member, guest or tenant of the owner who may occupy the owner's lot, can use, enjoy and have access to the owner's lot and house.

· The Executive Board may permit reasonable modifications by permitting a handicapped owner, or an owner for the benefit of any handicapped family member, guest or tenant who may occupy the owner's lot, to make reasonable modifications to the Property so that a handicapped owner, or a handicapped family member, guest or tenant of the owner who may occupy the owner's lot, may use, enjoy and have access to the owner's lot and house.

· As a condition of granting any such reasonable accommodation and/or reasonable modification to a handicapped owner, or to an owner for the benefit of any handicapped family member, guest or tenant who may occupy the owner's lot, the Executive Board may require that the owner who receives the reasonable accommodation and/or reasonable modification must, at the owner's sole cost and expense, return the lot, house

· and the common elements to the condition, function and appearance in which they existed before the reasonable accommodation and/or reasonable modification was granted when the handicapped owner sells or moves out, or when the owner's handicapped family member, guest or tenant leaves or moves out.