a) preserve and enhance property, home values, and homeowner investment. C. Common Areas and permanent alterations on private property:

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1 RULES AND REGULATIONS OF TIMBERGLEN COMMUNITY SERVICES ASSOCIATION, INC., a Pennsylvania Not-For-Profit Corporation for TIMBERGLEN, Phase 1, a Planned Townhouse Community Revision Month and Year: March 2017 I. GENERAL REQUIREMENTS These rules and regulations do not supercede the Declaration or Bylaws. Those documents supercede and take precedent when any direct discrepancy exists. A. Function: 1. The function of the Rules and Regulations of Timberglen Community Services Association, Inc. is to: B. Insurance: a) preserve and enhance property, home values, and homeowner investment. b) provide standards and guidelines for the residents and the Board to follow in first, protecting the architectural and aesthetic integrity of the community and, secondly, in maintaining this integrity throughout the life of the community. 1. All homeowners must maintain replacement cost insurance in accordance with the by-laws. The association does not maintain insurance on any unit, lot, or structure. C. Common Areas and permanent alterations on private property: 1. Private property installed or stored in common areas by any individual without the express written authorization of the Board is strictly prohibited. 2. Common areas must not be damaged or destroyed. Residents and their guests who damage or destroy common areas are responsible for the costs of restoring that common area to its original condition. 3. Material and color: a) Any changes in material and color on any residence must be submitted to the Board for approval prior to beginning work. b) Unpainted and unstained surfaces, such as brick, shall remain unpainted and unstained. TCSA Rules and Regulations, Revised March 2017, Page 1 of 12

2 c) Representative samples and specifications for materials and colors are on file with the Board for use by residents in matching their existing materials and colors. 4. House numbers, storm and screen doors: a) Numbers similar in style and color to those provided by the builder are permitted. Size of replacement numbers must be in accordance with North Fayette Township regulations. All other types of house numbers require written approval of the Board. b) Storm and screen doors, are permitted on townhouses provided they match the window frame colors. Replacement of sliding doors with French doors is permitted under the same conditions. Requests for variances must be submitted to the Board in writing, for consideration. 5. Decks, balconies and roof coverings: a) Any flooring structure which is supported off of the original finished grade by means of any vertical support shall be defined as a deck. b) Any flooring structure which is supported off the unit itself or supported other than by vertical supports from the original finished grade, shall be defined as a balcony. c) All decks, balconies and roof coverings require prior approval from the Board. d) All decks and balconies constructed more than 1-6 (one foot, six inches) above finished grade will be required to have a handrail around the entire structure and on both sides of any stairway leading to grade. e) All deck, balcony and roof covering material must be submitted to the Board for approval. f) All decks, balconies, roof coverings and stairways must be constructed to the rear of the unit and will not be permitted to extend beyond the side walls of the unit. g) The Board shall have the right to require that the stamp of a registered architect or engineer be affixed to the request and plans submitted by a resident for the construction of a deck, balcony or roof covering. Under no circumstances shall the Board be responsible for any construction failure, such as collapsing due to the design of, or the workmanship of, the project. h) Township building regulations exist and must be met. Compliance with association regulations does not imply compliance with township regulations. i) Decks may be stained a natural wood color. TCSA Rules and Regulations, Revised March 2017, Page 2 of 12

3 6. Central air conditioning compressors, window air conditioners and utility meters: a) Condensing Units and/or utility meters may not be painted a color other than an existing color associated with the unit without prior approval of the Board and/or the appropriate utility. b) Exterior location of the condensing unit for the central air conditioning system shall be in the original location as when the building was built. Replacement units shall be installed no closer than 6" from the exterior walls of the unit. Requests for variance must be submitted to the Board for consideration. c) The use of window air conditioning units is limited to the rear of the unit. 7. Driveways: a) Driveway paving does not require approval of the Board provided that paving materials are of a natural color concrete, cements or asphalt. b) Artificially colored paving materials are not permitted. Requests for variance must be submitted to the board for consideration. c) Changes in grade, location, or size of the original driveway must be submitted to the board for consideration. d) Portable storage containers (PODS and similar containers) may be placed only on private paved driveways or private paved parking areas, and for a maximum of 7 days. 8. Fences and screens: a) Fencing and screening, when and where permitted, must be finished materials on both sides when both sides are within public view. b) All fencing materials must be submitted to the Board for approval. Privacy fencing may not be solid and must have open spacing to permit the passage of air. c) Varmint fencing around vegetable and flower gardens is permitted during growing seasons only. d) Fencing and privacy screening is limited to the rear of the unit. TCSA Rules and Regulations, Revised March 2017, Page 3 of 12

4 9. Landscaping: a) Landscaping work and planting including vegetable gardens and flower gardens, do not require Board approval provided that: (1) Planting materials are accepted types and in character with the community (no palm trees or wheat, for example). (2) They do not obstruct sight lines of vehicle drivers. (3) Vegetable gardens are limited to the rear of the units. (4) Plantings and landscaping does not alter the grade of the general area (see section g below) and do not place an undue burden on lawn care activity. (5) Work that does not meet all of the above conditions requires written approval by the Board. b) No trees a diameter of six (6) inches or more (measured from a point two (2) feet above ground level) shall be removed from any lot, except in an emergency, without the express written authorization of the Board or unless properly authorized by an appropriate governmental authority. The Board, at its discretion, may adopt and promulgate rules and regulations regarding the preservation of trees and other natural resources and wildlife upon the properties. If it shall deem it appropriate, the Board may mark certain trees, regardless of size, as not removable without written authorization. c) Unit owners are responsible for weeding and maintaining all trees, shrubs and planted areas on their property. d) Grass cutting behind and on sides and in front of single family attached units and all common areas will be done by the Association. e) The Board of Directors shall have the right to enter upon any lot, and to trim or prune, at the expense of the owner, any hedge or other planting. This will be done only after a vote of the Board determines, by reason of its location upon the lot or the height to which it is permitted to grow, is unreasonably detrimental to the adjoining property, obscures the view of vehicular or pedestrian traffic, or is unattractive in appearance. The owner shall be given thirty (30) days prior written notice to correct the problem. f) Snow removal by the Association is limited to the common and limited common roads of the community. g) Alterations of grades on projects undertaken on private property requires Board approval. TCSA Rules and Regulations, Revised March 2017, Page 4 of 12

5 10. Antennae: a) Satellite dishes and antennae are permitted in accordance with township regulations. b) No antennae or satellite dish of any type may be attached to the exterior of the unit (that which the board maintains, i.e. roofs, siding, etc.). c) The location and type of antennae should be such that it is in harmonious architectural balance with the associated unit and the surrounding community. 11. Clotheslines: a) Clotheslines are strictly prohibited. 12. Garbage and Recycling Containers: a) Garbage and recycling material must be stored indoors or at the rear of the unit in clean, sanitary, and secure containers. b) Garbage and recycling containers may be placed in front of the unit only on collection day and must be removed from the front of the unit following collection on collection day. c) No lumber, materials, bulk materials, refuse or trash shall be kept, stored or allowed to accumulate on any lot except building materials during the course of construction of any approved structure. 13. Children's Play Equipment: a) Permanent play equipment such as swing sets and sliding boards, is strictly prohibited. b) Portable play equipment, such as bicycles, strollers, play pens, etc., will be permitted only to the rear of the unit and the equipment or its view will not be allowed to extend beyond the side walls of the unit. c) All play equipment must be maintained and is subject to inspection by the Board. d) Wading pools for very small children and sandboxes are permitted without approval provided they are on homeowner s property, not larger than six (6) feet in diameter or six (6) feet square and one (1) foot in height and are to the rear of the unit. 14. Lawn and garden furniture: a) Lawn and garden tools, portable barbecue grills and lawn furniture shall be stored inconspicuously in the rear of the unit when not actively in use. TCSA Rules and Regulations, Revised March 2017, Page 5 of 12

6 15. Firewood: a) Firewood and kindling shall be stored either inside or at the rear of the unit. 16. Birdhouses and bird feeders: a) Birdhouses and bird feeders need not be approved provided they are: not directly attached to the unit, are of colors and materials compatible with the community, are on the unit owners property, are in the rear of the unit, and are not more than two (2) cubic feet in size. 17. Outbuildings: a) Storage sheds, maintenance, and other outbuildings may not be erected under any circumstance. 18. Signs: a) No sign of any kind shall be displayed to the public view on any unit s property except one (1) sign of not more than five (5) square feet advertising the unit is for sale or for rent. 19. Vehicles, Parking, and vehicular storage: a) All of the roads and parking areas within our community are the private property of this association and are defined as common elements of the association. These facilities are regulated by the association in accordance with the applicable sections of the Declarations, By-laws, and these Rules and Regulations. (1) The main road, Timberglen Drive, beginning at the intersection with Walden Way and terminating within the Chelsea Glen II community, is a North Fayette Township public road. TCSA regulations are not applicable to that road. (2) The paved parking areas directly in front of townhomes are the private property of each unit owner and are considered and regulated the same as private driveways. (3) Roadways at the rear of buildings that provide access to private driveways in the rear of buildings are declared common elements. These are commonly referred to as cart paths, and are regulated the same as common elements in regards to vehicles and parking. (4) Vehicles belonging to contractors that are actively performing work within the association that require immediate, frequent, or continuous access to such vehicle(s) are permitted to park where needed to perform their work provided that: 1) safety is not compromised, 2) any damage TCSA Rules and Regulations, Revised March 2017, Page 6 of 12

7 done to any area is repaired at the sole expense of the unit owner employing the contractor, 3) access to private property is not blocked. b) The requirements in this section are intended to allow any vehicle parked on common property within the association to be identified as owned either by a resident (by the association registry), a visitor (by the visitor tag), a violator, or a trespasser. (1) All vehicles within TCSA are required to be registered. Each unit owner is required to provide information pertaining to each vehicle to the board, and to update such information as situations change. This includes motor vehicles and trailers of any type that enter the community. Owners of rental property are responsible to register tenant vehicle information, and also register any of their vehicles that they expect will occupy any common area parking from time to time. This requirement extends to all residents, including renters/tenants, temporary, and seasonal residents. (2) Each unit owner will be issued 2 visitor cards to be used by visitors to their home. Visitors must display a visitor card on the vehicle dashboard when parking in a common parking area. Events such as holiday gatherings and other special occasions are expected to result in more than 2 visitor vehicles at some units. In these situations parking regulations will be relaxed. A unit owner or resident is requested to please contact the board with the relevant vehicle information for overnight guest vehicles only when the number of overnight guest vehicles exceed the number of visitor cards. (3) Storage of private property, including vehicles, on common property is prohibited. Any vehicle parked in common parking areas in excess of 48 hours is considered as being stored. (4) Commercial vehicles brought home by members or residents are prohibited to park in any common area within the community. Commercial vehicles are defined by the association as any vehicle meeting any of the following descriptions: (a) Displaying a company name or logo. (b) Vehicles with visible tools, ladders, or other apparatus commonly used in a business enterprise. (c) Vehicles that exceed a Gross Vehicle Weight Rating (GVWR) of 7,800 pounds. c) All vehicles parked in the open on any lot or in common parking areas shall be whole, in sound condition and fully operable, including current registration and inspection sticker. TCSA Rules and Regulations, Revised March 2017, Page 7 of 12

8 20. Pets: d) Any vehicle parked in any common area parking space must not exceed the length nor the width of a single space. The vehicle must fit within the lines, side to side, and from end to end without encroaching out on the grass or out on to the adjacent road. e) No motor home, travel trailer, boat, boat trailer, horse trailer, or any similar item shall be stored in the open within TCSA. f) Street parking and parking on grass is prohibited. g) All vehicles are to remain on paved areas and must be in compliance with the Pennsylvania State Motor Vehicle Code. a) All residents must be able to properly care for their pets and shall not become a nuisance to the community. b) As a clarification to section 4.19, subsection J of the declaration, the number of pets permitted shall be in accordance with local and state animal welfare guidelines. c) Horseback riding is prohibited. d) Pets of any nature shall be leashed properly at all times when outdoors. e) Dog or other pet houses of any kind are prohibited. f) Pets may not be tied in the common area, nor may they be tethered so that their chains or leashes allow them to enter common areas. g) Pets may not be left unattended for an extended period of time, nor may they be permitted to create a nuisance or unreasonable disturbance of noise. h) Owners must immediately pick up pet wastes in both private and common areas. i) Residents are responsible for repairing any damage caused by their pets. 21. Exterior Lighting: a) Townhouse unit post lamps were installed to provide safety lighting in the community and are required to be lit from dusk till dawn every night. b) Exterior post lamp replacements, other than what has been supplied by the builder, must be approved by the Board prior to installation. c) Photo-cells in post lamps cannot be altered nor removed, and must be TCSA Rules and Regulations, Revised March 2017, Page 8 of 12

9 maintained in good working order. 22. Other Additions: a) All other additions, alterations or other changes to the exterior of any unit or to any lot shall be submitted to the board for approval prior to the commencement of any work. II. THE FOLLOWING CRITERIA REPRESENT THE BASIS USED BY THE BOARD WHEN REVIEWING REQUESTS FOR ADDITIONS OR ALTERATIONS: A. Materials on/off units: B. Colors: 1. Only exterior materials existing on the unit, or those compatible with the architectural design character of the community are permitted. 2. Materials that are not on the units must be only exterior materials which are suitable and generally accepted for the intended purpose and which are compatible with the architectural design character of the community will be approved. 1. Colors must be compatible with surrounding colors and generally compatible with the architectural design character of the community. C. Size and Shape: 1. Additions and alterations to units and other additions, alterations, items or objects shall be of a size and shape consistent with their intended use, not outsized with relation to the unit with which they are associated, generally compatible in size and shape with similar items and compatible with the architectural design character of the community. D. Location: E. Safety: 1. The location of any proposed improvement shall be such that it shall be in harmonious architectural balance with the associated unit and the surrounding community. 2. In no case shall any fence, screen or other object interfere with any line of sight of any vehicle driver to the point where safety is compromised. 1. All requests for review shall be scrutinized for safety regarding construction, intended use and location. TCSA Rules and Regulations, Revised March 2017, Page 9 of 12

10 F. Building and work permits: 1. Approval of any project by the Board does not waive the necessity of obtaining the required township or county building or work permits. 2. Obtaining such proper permits does not waive the need for Board approval. III. ADMINISTRATIVE PROCEDURES A. Application Procedures: 1. Each Homeowner will submit to the Board his or her written proposal for exterior additions, changes, alterations or improvements to his property. The proposal will contain a description of the project, including the height, width, length, size, shape, color and location of the proposed improvement. Photographs or sketches of similar completed projects will aid in the Board's consideration. If the alteration affects the existing drainage pattern, the proposed drainage pattern must be included. 2. Oral requests or approvals will not be considered or given. Each request must be specifically approved by the Board, even though the intended improvement conforms to the governing documents of the community. The Board, upon receiving the proposal, will either approve or disapprove the proposal and will send an appropriate letter to the applicant. 3. If a proposal is rejected, the applicant is free to request re-consideration and is encouraged to present new or additional information which might clarify the request or demonstrate its acceptability. Final appeal may be made to the Board. 4. The Board will answer a request as promptly as possible. A written response must be received from the board before work commences. B. Appeals: 1. Appeals must be delivered to the Association business address at least two (2) weeks before the next Board of Directors meeting. 2. The applicant should be present at the next Board of Directors meeting. If the applicant cannot be present, the Board may elect to hear the appeal at its next regularly scheduled Board of Directors meeting or at a duly called special meeting. 3. Within thirty (30) days of the conclusion of said meeting, the Board shall notify in writing the applicant as to the Board of Directors' decision. C. All approved requests are valid for one (1) calendar year from the date of authorized Board approval. D. Violations of the governing documents of the community: TCSA Rules and Regulations, Revised March 2017, Page 10 of 12

11 1. The Board may inspect property in the community in accordance with the governing documents. 2. The Board will send appropriate letters to members in violation of the governing documents. 3. If a member fails to correct violations within the time limit prescribed in the governing documents and below, the Board of Directors will take appropriate action against the resident. 4. The Board has established the table below as a guide to enforcement actions. In the event that members choose to violate the legal governing documents, the Board may choose to impose the enforcement actions in this table. This table and any actions taken by the Board in accordance with it does not replace or limit any and all other legal remedies available to the Board. VIOLATION CLASS BUILDING AND PROPERTY VEHICLES AND ROADS HEALTH AND SAFETY Unapproved construction or alteration Vehicle storage Pet droppings DESCRIPTION Property in disrepair Parking Leash violation OF VIOLATION Tree and shrub maintenance Fluids Garbage cans Attachments to buildings Shoveling snow into street Storage FINE $5.00 PER OCCURRENCE DAY $5.00 PER OCCURRENCE DAY $5.00 PER OCCURRENCE DAY First Action Warning by to the contact listed with the Board, and/or by phone to the registered phone number. 1 successful connection in direct contact or by voice message. Second Action If violation persists after 1 week, a reminder by or by phone, as above, and a violation notice sent to the registered address providing notification of pending Third Action (including repetitive violations) enforcement actions. If violation persists after another 1 week, an enforcement notice is sent to the registered address providing notification of assessment of fines or other actions taken by the board. Warning by vehicle tag Warning by to the contact listed with the Board, and/or by phone to the registered phone number. 1 successful connection in direct contact or by voice message. Fine by vehicle tag If violation persists after 1 week, a reminder by or by phone, as above, and a violation notice sent to the registered address providing notification of pending enforcement actions. Fine by vehicle tag If violation persists after another 1 week, an enforcement notice is sent to the registered address providing notification of assessment of fines or other actions taken by the board. RIGHT TO A HEARING All violations may be contested at the first monthly meeting after a fine is assessed. The board in quorum will hear the matter and their decision will be rendered before adjournment of that meeting. TCSA Rules and Regulations, Revised March 2017, Page 11 of 12

12 IV. IMPLEMENTATION IN WITNESS WHEREOF, the undersigned, constituting the members of the Executive Board, have executed these Rules and Regulations in such capacity, under their hands and seals, this the 20th day of February, ATTEST: Secretary TIMBERGLEN COMMUNITY SERVICES ASSOCIATION, INC., a Pennsylvania Non-Profit Corporation By: President Vice President Treasurer Corporate Seal of Timberglen Community Services Association, Inc. Director TCSA Rules and Regulations, Revised March 2017, Page 12 of 12

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