USE AND OCCUPANCY RESTRICTIONS WINDING CREEK CONDOMINIUM

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1 USE AND OCCUPANCY RESTRICTIONS WINDING CREEK CONDOMINIUM Part I - Use and Occupancy 1. Residential use: All units shall be used, improved and devoted exclusively to single family residential purposes. However, co-owners may use their residences as ancillary facilities to their offices established elsewhere, as long as such use does not generate unreasonable traffic by members of the general public. These restrictions on use shall not be construed to prohibit a co-owner from (a) maintaining a personal professional library, (b) keeping personal business or professional records or accounts, or (c) handling personal business or professional telephone calls or correspondence. Such uses are customarily incidental to principal residential use and not in violation of these restrictions. 2. Nuisances: No nuisances shall be permitted on the condominium property, nor shall any use or practice that is a source of annoyance to the residents or that interferes with the peaceful possession or proper use of the project by its residents be permitted. No co-owner shall use or permit any occupant, agent, tenant, invitee, guest, or family member to use any firearms, air rifles, pellet guns, BB guns, bows and arrows, fireworks, or other dangerous weapons, projectiles, or devices anywhere on or around the project. No immoral, improper, offensive, or unlawful use shall be made of a unit or any part of the project, and nothing shall be done or kept in any unit or on the common elements that would increase the insurance premiums for the project, or other units within the project, without written consent from the association. 3. Maintenance: Each owner and occupant of a unit shall keep his unit and all improvements thereon and its surrounding street pavements and common areas in good order and repair and free of debris. Good order and repair shall include but not be limited to the seeding or sodding, watering and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting or other appropriate external care of all buildings and other improvements, all in a manner and which such frequency as is consistent with good property maintenance. These restrictions shall apply both to builders during the period of house construction and to subsequent owners of each unit. 4. Common areas: Only co-owners of units in the condominium and their agents, tenants, family members, invitees, and licensees may use the common elements for access to and from the units and for other purposes incidental to the use of the units. Any recreational facilities, storage areas, and other common areas designed for a specific use shall be used only for the purposes approved by the association. The use, maintenance, and operation of the common elements shall not be obstructed or unreasonably interfered with by any co-owner and shall be subject to any leases, concessions, or easements now or later entered into by the association. 5. Animals: No farm animals, wild animal or poultry shall be kept, bred,

2 raised or harbored on any unit; except that household pets may be kept for the personal enjoyment of residents, and not for any commercial purpose, so long as they have such are as not to be objectionable or offensive due to noise, odor or unsanitary conditions. No animal shall be kept on a unit in violation of any ordinance of the township. Any dog kept by a resident at a unit shall be kept on a leash or in a dog run or pen, and shall not be allowed to run loose or unattended. No dog runs or pens shall be permitted to be erected or maintained unless located within the rear yard (only) adjacent to a wall of the main dwelling or garage and facing the rear of the interior of the lot, nor shall such runs or pens extend beyond the end of the dwelling or garage into the side yard. 6. Vehicles: No commercial vehicles, boats, travel trailers, mobile homes, campers, recreational vehicles, snowmobiles or trailers used to store or transport any of these vehicles shall be permitted to be parked or stored on the driveway, or in the front, side or rear yard or any house or on any vacant unit in the project for more than 72 hours. Such vehicles may be parked or stored for in excess of 72 hours only within a garage which conforms to the garage requirements of these restrictions. Likewise, automobiles or other vehicles that are not in operating condition shall be not be permitted outside of a closed garage. 7. Garbage: No unit shall be used or maintained as a dumping ground for trash, rubbish, dirt, garbage or waste. Household garbage and waste shall be stored concealed from public view. Garbage containers shall not be left at the street for more than 24 hours in any one week. In the event that garbage removal for the project is not provided by the township, the association shall retain a single contractor for such service so that the pick-up time shall be the same for all co-owners. All homes shall be equipped with electric garbage disposal units in the kitchen. 8. Outdoor lighting: Outdoor spot lights or other lighting must be placed or aimed in such a manner as to avoid excessive lighting of any adjacent units. 9. Laundry: No laundry shall be hung for drying in such a way as to be visible from the street on which the dwelling fronts, and in the case of corner units, such laundry shall not be hung so that it will be visible from the streets on which the dwelling fronts and sides. 10. Leases: No owner of any unit shall lease and/or sublet less than the whole of any dwelling on any unit. 11. Use by the developer: While a unit is for sale by the developer, the developer and its agents, employees, contractors, subcontractors, and their agents and employees may access any part of the project as is reasonably required for the purpose of the sale. Until all the units in the project have been sold by the developer and each unit is occupied by the purchaser, the developer may maintain a sales office, model dwellings, a business office, a construction office, trucks, other construction equipment, storage areas,

3 and customary signs to enable the development and sale of the entire project. The developer shall restore all areas and equipment to habitable status when it is finished with this use. Part II - Improvements at Units 1. Single residence: No more than one dwelling house may be erected on any one unit. 2. Minimum setback and yard requirements: No building shall be erected or maintained on any unit which has a front, rear or side yard setback of less than the setback required by the ordinances of the township, notwithstanding any variance from such requirements requested of, or granted by, the township. For purposes of these restrictions, setbacks shall be measured from the boundaries of the unit. 3. Building height: No building shall be erected or maintained on any unit which is more than two stories in height or which exceeds 35 feet in height. 4. Basements: A dwelling constructed upon a unit shall contain a basement. 5. Exterior walls and type of construction: Not less than 50% of the front elevation of the exterior wall (from grade level) of dwellings constructed upon units shall be made of natural stone, brick, or a combination of both. This requirement may be waived by the developer or architectural committee due to the unique design of the dwelling. The balance of the exterior walls (rear and side elevations, from the point two feet above grade) shall be constructed of natural stone, brick, cedar, white pine, fir, cypress, stucco siding, O.S.B. (orientated strength board) lap-siding, cedar shakes or shingles, or vertical tongue and grove siding, aluminum siding or vinyl siding. No asbestos or asphalt siding or shingles, logs, exposed concrete block, sand lime bricks, sheathing, or plywood sheeting shall be permitted. Cultured stone may be permitted in limited areas for decorative purposes with the approval of the developer. Aluminum or vinyl soffits, gutters and downspouts shall be permitted, and the color of the material shall match the color of the exterior walls. 6. Garages: A garage capable of housing at least two, but not more than four automobiles shall be erected simultaneously with the construction of each house. All garages shall be attached to the principal dwelling or architecturally related thereto by breezeway or other means. For yard and setback purposes, all garages shall be deemed to be an integral part of the dwelling. Garages shall be only for the private use of the occupant of the related dwelling. All garages shall have side entrances and sectional doors, except where such requirement is waived after review in accordance with Part III below due to exceptional circumstances in connection with the design of the home or the layout of the home on the unit. 7. Driveways: All driveways at a unit must be paved, with either asphalt or

4 concrete, within 6 months of occupancy of improvements at the unit, weather permitting. 8. Landscaping: In order to prevent soil erosion, a unit must be sodded or seeded within six months of occupancy of improvements at the unit. A co-owner of a new unit shall submit a landscape plan for the unit within 30 days of initial occupancy. Prior to sodding or seeding, all grading must be restored to original grade or to approved grading plan. 9. Minimum floor area of dwelling: No dwelling shall be built or maintained on any unit in the subdivision unless the interior usable floor area of a one story ranch dwelling shall contain no less than 1,600 square feet; and in the case of a bilevel, split level, one and one-half story, tri-level, quad level, two story, or any other multiple level dwelling, the interior usable floor area of dwelling shall contain not less than 1,800 square feet of usable floor area. All computations of square footage shall exclude garages, porches, terraces, basements (including all areas more than 2/3rds below grade level), breezeways, patios and unenclosed or unheated areas of the dwelling. 10. Manufactured homes: Manufactured or engineered homes shall be permitted only if (a) such homes are two-story manufactured homes, such as colonial and cape cod style, (b) 100% of the exterior wall of the front elevation and at least 50% of the remaining exterior walls are natural stone or brick, and (c) the interior usable floor area of the dwelling is not less than 2,200 square feet. No ranch, bi-level, or tri-level manufactured homes shall be permitted. 11. Temporary structures: No trailer, mobile home, basement, tent, shack, garage, barn, outbuilding or other structure of a temporary character shall at any time be used as a residence or dwelling either permanently or on a temporary basis in the community. No unfinished dwelling shall be occupied as a temporary residence. Storage buildings may be maintained to house building materials and supplies during the period of construction of permitted dwellings, which storage buildings shall be removed upon completion of the dwelling units, and a temporary sales office may be maintained by each builder or builders in the community during the period of construction and sales of houses. 12. Signs: No sign for any business or commercial purpose shall be displayed on any unit except one sign of not more than five square feet in area advertising the property for sale or rent. This restriction shall not apply to signs used by builders for which permits have been granted by the developer or the association during the period of construction of houses on the units, for advertising, model and display purposes. 13. Site distance at street intersections: No fence, wall, hedge, shrub, planting or tree shall be permitted to remain on any corner unit, which obstructs sight lines at elevations between two and six feet above the roadway within the triangular area formed by lines from the curb of a intersecting streets and a line connecting them at points 25 feet from the intersection of the street, or in the case of rounded corners, from the intersection of the lines as extended. Trees shall be permitted adjacent to such triangular corner areas only so long as their foliage is maintained at sufficient height so as

5 to prevent obstruction of such site lines. 14. Fences: No fence, wall or solid hedge may be erected, grown or maintained in front of or along the front building line of any unit unless it is ornamental in nature, is aesthetically pleasing and is in architectural harmony with the design of the house. No fence or wall may be erected or maintained on or along the side or rear unit lines of any unit except for fences required by local ordinance to enclose swimming pools. A fence may be erected to enclose a dog run or pen so long as it is located only in the rear of the unit, is attached to the home constructed on the unit, and does not exceed 300 square feet. 15. Antenna: A television or radio antenna at a unit shall not be higher than 15 feet from the roof of the dwelling constructed on the unit, and must be located and designed so as to minimize the visibility to other co-owners at the project. Any satellite dish or similar device within a unit or yard area must be located so as to minimize the visibility to other co-owners at the project. 16. Pools: Above-ground swimming pool (a pool higher than one foot above the existing grade) may be installed and maintained on a unit, provided that not less than two feet of such pool is below existing grade, the pool is constructed with a deck around its permiter and appropriate screening of all above-ground pool area, and the overall design of the pool is approved by the architectural control committee. 17. Storage Sheds and Barns: A co-owner may construct a shed or polo barn at the rear of the unit, for storage of lawn mowers, landscaping tools, and the like (but not for the storage of vehicles of any kind), provided that the shed or barn has a pitched roof, does not exceed 12'x12' in size, generally matches the exterior design of the home, and the size, color, shape, location and overall design of the building is aesthetically appealing and approved by the architectural control commitee. 18. Air Conditioning: No through the wall air conditioners may be installed in the front wall or in any front window of any building in the project. No outside compressors for central air conditioning units may be located other than in the rear yard and must be installed and maintained in such a manner so as to create no nuisance to the residents of the adjacent dwellings. 19. Common areas: No co-owner shall make any alterations, additions, or improvements to any general common element or make changes to the exterior or structure of a unit or limited common elements without written approval from the association. The association shall not approve any alterations or structural modifications that would jeopardize or impair the soundness, safety, or appearance of the project. 20. Improvements for handicappers: Notwithstanding anything contained in these restrictions to the contrary, a co-owner may make any improvements or modifications to the co-owner's unit if the purpose of the improvement or modification is to facilitate access to or movement within the unit for handicappers, or to alleviate

6 conditions which could be hazardous to handicappers. All such improvements or modifications shall comply with all applicable state and local building code requirements and health and safety laws, and shall be made as closely as reasonably possible in conformity with the intent of all applicable prohibitions and restrictions regarding safety and aesthetics of the proposed modification.