SUPERSITITION FOOTHILLS COMMUNITY ASSOCIATION RULES AND REGULATIONS

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1 SUPERSITITION FOOTHILLS COMMUNITY ASSOCIATION RULES AND REGULATIONS Revised February 28, 2012

2 SUPERSTITION FOOTHILLS COMMUNITY ASSOCIATION TABLE OF CONTENTS Antennas... 6 Awnings... 8 Basketball Goals... 7 Boats Building Additions... 4 Building Repair Campers Clotheslines... 9 Common Areas... 6 Community Organization... 3 Community Pool Safety Community Rules Design Compatibility... 4 Design Guidelines... 4 Design Review Process... 3 Design Review Applications... 4 Driveways... 8 Easements... 7 Fences View Fences Swimming Pool Fences... 7 Firearms Flagpoles and Flags... 5 Free Standing Structures... 8 For Sales Signs For Rent Signs Garage Door Colors Garage Sale Signs Gates and Gate Access... 9 Gas Logs... 8 Gazebos... 8 Gutters and Downspouts... 9 Landscaping Easements... 7 Maintenance... 7 Ornamentation... 6 Master Plant Palette... Appx A Machinery and Equipment Mailbox Columns... 9 Neighbors... 4 Open House Signs Outdoor Fireplaces... 8 Outdoor Lighting... 6 Paint Colors and Procedures Parking Patio Covers... 5 Patio Extensions... 5 Pets Plant Palettes Appx A Planters... 8 Play Structures... 9 Pergolas... 8 Private Gardens Property Restrictions Ramadas... 8 Recycling Containers Rentals Roof-Mounted Equipment... 6 Satellite Dishes... 6 Screen Doors Security Doors Sidewalks... 9 Signs Spa Covers... 5 Storage Sheds... 5 Sunscreens... 8 Swimming Pools Community Pool & Spa Private Pools & Spas... 7 Trails Trash Containers Vehicles View Decks View Fences Walkways... 8 Wall-Mounted Equipment... 6 Walls Window Coverings... 8 Workmanship... 4 For further questions or clarifications, see or contact the Superstition Foothills Community Owner s Association Property Manager Page 2 of 15 February 28, 2012

3 RULES AND REGULATIONS COMMUNITY ORGANIZATION Every homeowner of Superstition Foothills is a member of the Superstition Foothills Community Association (the "Association"), the entity responsible for the management of all common areas and related homeowner s facilities as well as administration of the affairs of the community. The Association is created by the recording of the Declaration of Covenants, Conditions, Restrictions, Assessments, Charges, Servitudes, Liens, Preservations and Easements (the "CC&R s"). The CC&R s set forth procedures, rules and regulations which govern the community. The Board of Directors (the "Board") is charged with responsibility for overseeing the business of the Association and has a wide range of powers. The Design Review Committee (the DRC ) is established by the Board to review all improvements within Superstition Foothills including new construction and modifications to existing properties. The Design Review Committee has adopted architectural guidelines and standards to evaluate proposed construction activities. The Design Review Committee is often referred to as The DRC. DESIGN REVIEW PROCESS The CC&R s require the written approval of the Design Review Committee before any change, addition or modification to a site or building exterior of a residential property is made. Homeowners with proposed changes should contact the Management Company with whom the Association has contracted to manage the Association to obtain the necessary architectural guidelines and submittal documentation. 1. The responsibility of the Design Review Committee is to ensure the harmonious high quality image of Superstition Foothills is implemented and maintained. 2. No new construction or remodeling, including changes in exterior color, is to occur on any lot or exterior of any home from its improved state existing on the date such property was first conveyed by Builder to a purchaser without the prior approval of the Design Review Committee. 3. After approval any changes, alterations or additions to the originally approved plan are not allowed unless submitted and approved by the DRC prior to commencement of work. 4. If any changes, alterations or additions made prior to approval are not ultimately approved, either by the DRC or the Board, it is the homeowners responsibility to return the property to its original condition. 5. Your submittal will be returned within 45 days of receipt of your request. Your request will be approved, denied or denied with a request for more information. 6. Homeowners may appeal the decisions of the Design Review Committee to the Board for consideration. The decision of the Board shall prevail. It is the homeowner's responsibility to ensure that any proposed construction is coordinated with, and where applicable, approved by all county, local, state and federal government agencies. The Design Review Committee, the Management Company and the Association assume no responsibility for obtaining these reviews and approvals. A copy of the required permits shall be submitted to the Management Company. Page 3 of 15 February 28, 2012

4 DESIGN REVIEW APPLICATIONS All applications must include the following items when applicable: 1. Date 2. Owner s name 3. Unit ID and Lot number 4. Owner s phone contact 5. Complete Address 6. Neighborhood (e.g. Boulder Pass, Gateway, etc.) 7. Contractor name, address and phone number 8. Detailed description of work to be done 9. Type of materials to be used 10. Color(s) to be used 11. Dimensions of structure (height, width, depth) 12. Two copies of all drawings, plot plan or placement on lot when appropriate. DESIGN GUIDELINES The purpose of the Design Review Committee is to ensure consistent application of the Design Guidelines. The DRC monitors any portion of any lot or parcel which is visible from other lots or parcels, the street or Association common areas. This would include backyards which are visually open to other lots or Association common areas. The Design Guidelines promote those qualities in Superstition Foothills which enhance the attractiveness and functional utility of the community. Those qualities include a harmonious relationship among structures, vegetation, topography and overall design of the community. PROTECTION OF NEIGHBORS The interest of neighboring properties must be protected by making reasonable provisions for such matters as access, surface water drainage, sound and sight buffers, light and air, and other aspects of design which may have a substantial effect on neighboring properties. DESIGN COMPATIBILITY AND ARCHITECTURE 1. The overall architectural design of the community is considered to be Desert/Southwest and is basically earth tone in color. 2. The proposed construction must be compatible with the design characteristics of property itself, adjoining properties and the immediate neighborhood. 3. Impact of the size and scope of the project will be a consideration. WORKMANSHIP AND MATERIALS The quality of workmanship evidenced and materials used in construction must be equal to or better than that of the surrounding properties. In addition to being visually objectionable, poor construction practices can cause functional problems and create safety hazards. The Association and the Design Review Committee assume no responsibility for the safety or livability of new construction by virtue of design or workmanship. BUILDING ADDITIONS OR ALTERATIONS ARCHITECTURE All exterior changes to structures, permanent or temporary, which can be seen from neighboring property, public or common property must be submitted to the Design Review Committee for approval. All exterior additions or alterations to an existing residence shall be compatible with the design character of the original structure. Page 4 of 15 February 28, 2012

5 PATIO COVERS, STORAGE SHEDS, PATIO EXTENSIONS AND SPA COVERS 1. All patio covers, storage sheds, patio extensions, spa covers and any other building additions must be submitted to the Design Review Committee for approval prior to construction. 2. Wood cover structures must be painted the house base color from the community builder s approved paint palette. Aluminum based materials must be close to the color of the base of the house or painted the base color of the house. A sample of the actual aluminum based materials may be required prior to approval. See page 10 for paint color guidelines. 3. ATTACHED PATIO COVERS - Patio covers over new or existing patios will be reviewed on an individual basis. One of the major determining factors will be consideration of views from neighboring properties. Covers must follow the Design Compatibility and Workmanship statements in the DESIGN GUIDELINES. 4. DETACHED PATIO COVERS will be subject to the same guidelines as Ramadas and Gazebos. See Page STORAGE SHEDS- Backyard storage sheds attached or not attached to the house will be considered provided they are lower than the home's surrounding wall or fence and not visible from common areas, public areas or neighboring property. Storage sheds along with any permanent addition to a home including patio covers and other buildings must be submitted to the DRC for approval prior to construction. Wood cover structures must be painted the base color from the builder's approved paint palette used on the dwelling. See page 10 for paint guidelines. Aluminum based materials must be as close as possible to the color of the house or trim. A sample of the actual aluminum based material may be required prior to approval. FLAGPOLES Residential lot flagpoles are allowed with the following provisions. 1. Flagpoles may not exceed twenty feet (20 ) in height. 2. Pole location must adhere to the following: Pole must be at least ten feet (10 ) from all perimeter property walls and fences; Pole in front aspect of yard must be at least ten feet (10 ) from all perimeter property lines. 3. Flagpoles must be unpainted and made of a weather resistant material such as anodized aluminum or fiberglass. 4. Noise abatement hardware must be included on the flagpole. 5. Flagpole lighting must be directed at the flag only and not be directed toward any common areas or neighboring property. 6. Limit one (1) flagpole per lot. FLAGS 1. Only the United States flag, POW/MIA flag, Gadsden flag, Arizona state flag or Arizona Indian nations flag may be flown from an approved flagpole. 2. Flags must be proportional to pole height a. Pole height 20, flag size no greater than 4 x 6 b. Pole height 15, flag size no greater than 3 x 5 3. No more than two flags may be displayed at one time. 4. All flags, whether on poles or house mounted, must adhere to standard flag etiquette. E.g. Flags must fly only between sunrise and sunset unless properly lighted. 5. Flagpole, flag, illumination hardware and installation are subject to prior Design Review Committee approval. 6. Any violation of flag etiquette will be considered a violation of the rules of Superstition Foothills and subject to normal HOA violation enforcement. Page 5 of 15 February 28, 2012

6 SATELLITE DISHES While the Association cannot prohibit the use of satellite dishes, it can regulate the size and location of the "dish" on the following basis. 1. Any "dish" larger than one meter (39 inches) is prohibited. 2. All dishes must be located in rear yards only. 3. Homes with view fencing must locate the dish in the most unobtrusive location possible while still receiving a quality signal. 4. When positioning dishes that are visible from neighboring property, streets, or the common areas owner must attempt to not interfere with the aesthetics of the neighborhood. 5. All other antennae such as those used to receive signals from multichannel multipoint distribution providers and television broadcast stations must be submitted to the DRC and will be reviewed on a case by case basis. 6. All antennae are to be submitted to the DRC with a diagram showing the location and size of the device. ROOF & WALL MOUNTED EQUIPMENT Any rooftop solar equipment must be integrated into the roof structure and must be located on the rear roof unless performance or efficiency is compromised. Any other placement will require submittal of engineering guidelines from the provider. Whenever available, earth tone colors are to be used. OUTDOOR LIGHTING Any outdoor lighting installed on a dwelling subsequent to initial lighting installed by the builder must receive advance approval by the DRC. Permanent lighting sources shall be positioned so as to not be directed toward streets, common areas or neighboring property. All outdoor lighting must conform to current State, Pinal County and local ordinances. Low voltage landscape lighting must conform to the overall theme of the community and must be approved by the Design Rreview Committee prior to installation. COMMON AREAS 1. All Common Areas (open space) within Superstition Foothills are the property of the Superstition Foothills Community Association. Homeowners are not to change, rearrange, alter, adjust, trim or remove any landscape or hardscape in any common area. Landcape rocks are not to be used to support owner signs or used on owner lots. Common Area trees or shrubs are not to be trimmed for any reason including to enhance views. Violators will be reported to authorities. Landscape issues in common areas are to be referred to the Management Company. 2. All motorized vehicles are prohibited from parking overnight in common areas. LANDSCAPING - ORNAMENTATION 1. The utilization of non-living objects as ornaments in the landscape must be harmonious with the character of the neighborhood and must be approved by the Design Review Committee. Ornamentation should appear as an accessory to the landscape and should be in proportion to the overall lot size so as to not present a dominating appearance. Individual expression is permissible so long as it does not detract from this goal. 2. The overall architectural design of the community is considered to be Desert/Southwest and is basically earth tone in color. 3. Temporary holiday decorations are permitted from Thanksgiving through January 15 th. Any other temporary holiday decorations are permitted so long as they are removed within one week after the holiday. Page 6 of 15 February 28, 2012

7 LANDSCAPING MAINTENANCE All landscaping shall be maintained in a neat and attractive condition. Minimum maintenance requirements include watering, mowing, edging, pruning, removal and replacement of dead or dying plants, removal of weeds and noxious grasses and removal of trash. LANDSCAPING EASEMENTS Many homeowners particularly those on corner lots have side-yard (easements) landscaped by the developer. "Easements" are generally between the exterior sidewall and the street. These "easements" are actually a portion of the homeowner s lot. Maintenance of "easements" including the replacement of plants and weed control is the responsibility of the homeowner. Any changes to these areas require the approval of the Design Review Committee. If you are in doubt as to whether your side-yard is an "easement" or part of the Common Area, please call the Management Company. SWIMMING POOLS Prior to construction of a swimming pool, a homeowner should contact the Management Company to coordinate the point of construction access to assure damage to common landscaped areas and common perimeter walls is avoided. In most cases homeowners will be advised to enter through the side yard wall from the front of their homes. Any opening which affects a common Association wall shall require an architectural submittal and a deposit to the Management Company for such work, refundable after walls and landscape are repaired and returned to their original condition. Failure to restore the wall to its original condition will result in the Management Company contracting for completion. The homeowner will be responsible for this expense. Pools may not be backwashed or drained into the drainage ditches, natural washes, common landscaped areas or drainage-ways. Draining into street may be done after water has been chemically neutralized. All state, Pinal County and local ordinances must be followed when draining into street. All backwash water is to be drained onto the street or retained on the owner's lot. If necessary, a hole should be dug and filled with rocks to provide for the needed capacity for backwashing. Swimming pool fence requirements are regulated by the county. Pinal County should be contacted to determine the safety fence requirement for your pool. For safety reasons, all openings in walls must be securely covered during construction to prevent children from entering and being injured. Pool plans will not need prior approval unless there is a feature (pool slide or other structure) which would be visible above the top of the wall. All pool equipment shall be screened from view of neighboring property, streets and common area with walls which match the architectural character and color of the house or the existing wall. IF POOL EQUIPMENT IS PLACED NEAR VIEW FENCING, SPACE MUST BE ALLOWED TO ACCOMMODATE THE SCREENING WALL. BASKETBALL GOALS Homeowners must submit an application to the Design Review Committee for approval prior to the installation of a basketball goal. Goals will be allowed as a permanent installation in front yards only adjacent to the driveway. No permanent goals will be approved in rear or side-rear yards and portable goals are prohibited. Strict guidelines will be adhered to regarding the quality of equipment and installation and special attention will be paid to placement of the pole on the lot. Backboards must be transparent or a standard type. Highly visible logo material is prohibited No lighting designed to illuminate basketball goals shall be installed without prior written approval of the Design Review Committee. Page 7 of 15 February 28, 2012

8 OUTDOOR FIREPLACES GAS LOG(S) Installation of outdoor fireplaces requires advance approval by the Design Review Committee. Outdoor fireplaces will be required to have a gas log. Wood burning fireplaces are prohibited. Outdoor fireplaces may not exceed the lowest fence height on the property. DRIVEWAYS Except for driveways installed by the builder, driveways may not be expanded without the prior approval of the Design Review Committee. All driveways must be kept clean and clear of debris, oil, rust and other stains. Upon approval, a maximum width of a two-foot colored paver in a neutral or earth tone or similar material may be placed adjacent to the driveway for foot traffic. Concrete is not to be used. No parking will be allowed on any area adjacent to the original driveway. WINDOW COVERINGS - SUNSCREENS AWNINGS 1. The interior or exterior of any window(s) shall not be covered with reflective material, such as foil or with paper, bed sheets or other temporary coverings. All such window coverings facing the street must show white, beige, or earth tone unless otherwise approved in writing by the DRC. Reflective materials may not be installed on the windows or any portion of the house or any other area of the Lot unless approved in writing by the DRC. 2. Bronze or charcoal sunscreen material may be installed. The frame for the window screens should match the existing window frame color. 3. Installation of awnings must be submitted to the Management Company for approval by the Design Review committee. 4. Awnings must be compatible with the overall design of the structure. Materials to be used must be of high quality. The quality of workmanship and materials must match professional standards. The color of awnings must be close to the base color of the house. A request to use the trim color on awnings must be received prior approval by the Design Review Committee. PLANTERS AND WALKWAYS Planters, paved walkways and other hardscape features visible from neighboring property must be reviewed and approved by the Design Review Committee. Surface textures and colors are to be Desert/Southwest and basically earth tone in color. FREE STANDING STRUCTURES RAMADAS, PERGOLAS AND GAZEBOS Ramadas, pergolas and gazebos may be erected in rear yards only subject to prior review and approval by the Design Review Committee, subject to the following guidelines: 1. Maximum square footage (under roof area) is 120 square feet. (example 12 x 10 ) 2. Maximum roof height is 10 feet at the highest point. 3. The structure must be set back a minimum of 7 feet from any perimeter wall or view fence. 4. Views from neighboring property will be considered when approving these structures. 5. Construction materials must be cohesive with the materials within the subdivision. 6. The structure must be painted to match the base color of the house and maintained in good condition. If an AlumaWood or similar material is to be used a sample color may be required. 7. Any additional roof tile must also match the roof tile of the house. 8. Lighting of the structure must be approved by Design Review prior to installation. Page 8 of 15 February 28, 2012

9 CLOTHESLINES Clotheslines or other outside facilities for drying clothes are not permitted unless they are placed exclusively within a walled yard and not visible above the top of the block wall, neighboring property, public or common property. MAILBOX COLUMNS 1. Mailbox columns and mailboxes, including repair and maintenance, are the responsibility of the homeowner. 2. Mailbox columns are to be painted Brittle Bush #SP2740 by Dunn Edwards. 3. No decorations are to be attached to or placed upon the mailbox column. 4. The architectural configuration of the mailboxes and columns must remain the same as originally designed by the builders. PLAY STRUCTURES Play structures, including trampolines, may be erected in rear yards only subject to prior review and approval by the Design Review Committee, subject to the following guidelines: 1. May be erected in rear yards only and structures must be set back a minimum of 7 feet from any perimeter wall or view fence. 2. Maximum height allowed to top support bar or highest point of structure, is 10 feet. 3. Maximum height of any deck/platform is to be 4 feet above ground. 4. The distance from the ground elevation to the top of the perimeter fence must be measured and submitted with plans. 5. The DRC will take the appearance, height, view fences and proximity to neighboring property into consideration. 6. Any shade canopy or slide components must be a solid tan or earth tone color if visible from neighboring property, common areas or public areas. 7. Submit a brochure or picture if possible. GATES AND GATE ACCESS - SIDEWALKS 1. Double gates may be installed to allow wider access to yards. 2. Gates may be painted the body color of the house or stained. 3. Hard surfaces between driveways and gates are not allowed with the exception of sidewalks for foot traffic only. Sidewalks are not to exceed 48 in width. Customary and appropriate building materials must be used 4. No sidewalks or hard surface walkways are allowed from the gates directly to the street. 5. Gate access using ¼ minus granite that matches the color of the front yard landscape is allowed 6. Parking is allowed only on the driveway or within the garage. 7. All double gates require Design Review Committee approval. GUTTERS AND DOWNSPOUTS Gutters and downspouts not installed by the builder will require approval. The color finish on same must match the adjacent surface of the home in color from the neighborhood approved paint palette used on the dwelling. High-quality materials that offer long life are recommended and the homeowner will be required to maintain these additions in good repair. Plans must include the proposed locations of the gutters and downspouts, including a drainage plan. The quality of material to be used, warranty by the manufacturer and the name and telephone number of the installer must also be included in the request. Page 9 of 15 February 28, 2012

10 SCREEN DOORS SECURITY DOORS Screen doors and "security doors" must be approved in advance by the Design Review Committee. Submittals should be for high quality metal in a color that matches the individual approved builders palette currently in use on the residence. Overly ornate designs will be discouraged. Pictures or brochures should be submitted. VIEW DECKS The DRC will consider, on a case by case basis, submittals for view decks attached to homes. The DRC will review submittals after close of escrow. Free standing raised platforms or raised patio areas will be reviewed on an individual basis. None of these improvements or changes will be allowed to encroach upon the privacy or unreasonably restrict the views of neighbors. The following specific information must be included in the detailed submittal to the DRC: 1. Complete narrative description of work to be done. 2. Type of materials to be used. 3. Colors to be used on all materials (all colors must match house or project color). 4. Exact dimensions of structure. 5. Lot dimensions and home placement on lot - including full rear yard elevation. 6. Aerial and side views of deck including horizontal deck elevation. 7. Detail on the view fence, including height. 8. Spiral staircase design and detail, including railing, if applicable (railing must match the detail of the view fence). 9. Complete Architectural Submittal Form (enclosed). A copy of the county building permit must be submitted to the DRC prior to construction. The DRC reserves the right to request additional information to complete their review of the proposed structure. PAINT COLORS AND PROCEDURES 1. The Superstition Foothills Community Association has approved a paint palette for each neighborhood (i.e. Arroyo Vista, Las Colinas). 2. All exterior paint colors must be chosen from the palette for the neighborhood in which the house is located. 3. Houses must be painted with the base color used for the base; the trim color for the trim; the popout color used for the popout; the door color for the door, etc. If no door color has been determined by the original builder the owner may choose any color in the approved paint scheme used on their particular residence. 4. Garage doors may be painted the color originally used by the builder. A request to use a color within the color scheme being used or requested for the residence will be considered by the DRC 5. All mailbox pedestals must be painted Brittle Bush #SP2740 by Dunn Edwards Paints. 6. Owner s portion of party walls visible from common areas, public areas or neighboring property can be painted the approved base color of the house or the color #SFCOA Common Stucco Walls using base U, available at the Mesa Dunn Edwards store. 7. The color of the view fences is #SFCOA View Fences using base U, available at the Mesa Dunn Edwards store. 8. The Superstition Foothills Board or Directors may approve changes or additions to the original paint palettes from time to time. Any questions on paint colors should be referred to the Management Company. A copy of all available paint palettes are located on the Superstition Foothills web site, at the Dunn-Edwards store located at 5959 E. Southern Avenue in Mesa, and in the Management office, and are available for owner review. Superstition Foothills Members receive a 25% discount off their paint purchases at Dunn-Edwards with the discount code # Page 10 of 15 February 28, 2012

11 COMMUNITY RULES The following community rules summarize some of the common provisions found in the CC&R's as well as rules established by the Board. These rules are not meant to restrict but rather to guide activities for the benefit of all residents of Superstition Foothills. Cooperation on the part of all residents in following these rules will make living at Superstition Foothills an enjoyable experience. This list is not all inclusive. Please refer to the CC&Rs for Superstition Foothills COA for more information. PROPERTY RESTRICTIONS No gainful occupation, trade or other non-residential use may be conducted on the property for the purpose of selling or receiving products or services related to such usage. Owners must receive Board permission to apply for any re-zoning, variances or use permits. INITIAL LANDSCAPE INSTALLATION All front yard landscaping will be installed by builders and is pre-approved. Any other portion of a lot which is visible to other lots, the street or Association common areas must be landscaped within ninety (90) days of close of escrow per the attached Approved List, which contains a Master plant Palette for shrubs, accents, groundcovers and vines, Prohibited Plant Palette and Approved Native Hydroseed Mix. TRASH / RECYCLING CONTAINERS AND COLLECTION No garbage or trash shall be kept on any lot except in covered containers as provided by the Trash Company. These containers must be stored out of sight except for days of collection. PETS 1. Residents are allowed to keep a reasonable number of generally recognized house or yard pets. 2. Animals cannot be kept or raised for commercial purposes and they are not allowed to make an unreasonable amount of noise or become a nuisance to neighbors. Dog runs must have prior approval of the Design Review Committee and be located so as not to be visible from neighboring property. 3. Dogs must remain on leashes at all times while on Association property including the Recreation Center, unless approved in writing by the Association. 4. All owners must clean up after their pets in their yards, neighborhoods, common areas and trails. 5. The Recreation Center is not a dog park. Association members are not permitted to invite owners and dogs from other areas (public) to use the Recreation Center. TRAILS Trails are part of the common area and are under control of the Superstition Foothills Community Association. Trails cannot be changed or altered in any way without prior Board approval upon the recommendation of the Trails Committee Chairman. All motorized vehicles with the exception of handicapped, emergency and Superstition Foothills landscaper vehicles are prohibited on the trails within Superstition Foothills. MACHINERY AND EQUIPMENT No machinery or equipment of any kind shall be placed, operated or maintained upon any lot or any street. Page 11 of 15 February 28, 2012

12 VEHICLES, CAMPERS AND BOATS No motor vehicle classed by manufacturer rating as exceeding seven (7) feet in height measured from the ground level and eighteen (18) feet in length or any mobile home, commercial vehicle displaying any commercial name, telephone number or message of any kind, travel trailer, camper shell, boat or other similar equipment or vehicle may be parked, maintained or repaired on any lot or on any street so as to be visible from neighboring property. Temporary parking of commercial vehicles, recreational vehicles, boats and similar equipment will be permitted if it is apparent that items are being loaded or unloaded. All motorized vehicles, including ATV s, motorcycles, go-carts and similar vehicles are prohibited from entering onto any common areas. PARKING Vehicles of homeowners and their guests are to be parked in the garage, carport or driveway. No inoperable vehicle or those with expired tags shall be parked in driveways or streets. No vehicle shall be parked on landscaped areas such as grass or granite. Vehicles, displaying any commercial name, telephone number or message of any kind, are not to be parked overnight in carports or driveways. Vehicles designated as official public safety, emergency or public service are not subject to this restriction. BUILDING REPAIR No building or structure shall be permitted to fall into a state of disrepair. The owner of every home or structure is responsible at all times for keeping the buildings in good condition and adequately painted or otherwise finished. In the event any building or structure is damaged or destroyed, the owner is responsible for immediate repair or reconstruction. Roofs must be kept in good repair at all times. WALLS & VIEW FENCES The owners of contiguous lots or parcels who have a party wall shall both equally have the right to use such wall or fence provided that such use by one owner does not interfere with the use and enjoyment of same by the other owner. See CC&Rs item (p) on page 16. No structures may be attached to party or common walls. No alterations or changes are to be made to view fences. Individual owners are responsible for the maintenance of their portions of party walls. When painting any portion of party walls that are visible from common areas, neighboring property or public areas the paint color can be the base color of the house or Brittle Bush #SP2740 by Dunn Edwards Paints, the color of common area walls. Owners are responsible for the maintenance of the inner 25% of their view fence. The color of the view fences is Superstition Foothills View Fence # by Dunn Edwards Paints. Contact the Management Company for further clarification. Use discount # to receive a 25% discount at Dunn Edwards Paints. FIREARMS AND OTHER DANGEROUS DEVICES The use of all firearms, pellet guns, air guns, BB guns, paint guns, sling shots, bows and arrows or any type of projectile throwing device and all trapping devices by an owner or resident or a guest of an owner or resident is strictly prohibited on all common area property. Page 12 of 15 February 28, 2012

13 PROPERTY RENTAL 1. Specific Arizona State and Pinal County laws apply to owners of rental properties. Owners are reminded to notify the County Assessor s office when property is rented. 2. Owners may rent only the entire lot or dwelling unit. 3. Rental must be made only to a single family. 4. A copy of the Rules and Regulations must be provided to all lessees regardless of lease term. 5. Owner may provide current contact information (name and phone numbers) of lessee to the Management Company. 6. All violations and corrections thereof are the responsibility of the property owner. FOR SALE, FOR RENT OR OPEN HOUSE SIGNS 1. Only one standard real estate or real estate-type sign is permitted in the front of a home. 2. No sign shall be permited in the back of a lot. 3. No sign shall be placed or hung over a view fence or other wall. 4. No signs are permitted on common area property. 5. Signs must adhere to all applicable Pinal County ordinances. 6. One open house sign per turn location is permitted during active open house hours only. 7. Signs must not exceed 6 sq.ft. (e.g. 2 X3 ) in size. OTHER COMMUNITY SIGNS Signs advertizing homeowner garage sale, estate sale, moving sale, yard sale and similar signs are permitted only under the following restrictions: 1. EVENT AND DIRECTIONAL SIGNS: One sign per turn location is permitted. Locations chosen should best communicate to vehicles passing or turning. Signs must not exceed 6 sq.ft. (e.g. 2 X3 ) in size. 2. MATERIALS: Signs should be as professional and readable as possible without negatively influencing or impeding traffic flow. 3. TIME PERMITTED: POLITICAL SIGNS a. Signs may be placed from 6:00 AM until 6:00 PM on days when the sale is actively in progress. If the sale ends prior to 6:00 PM the signs should be removed no later than one hour after the sale closes. b. Signs must be removed overnight during a multiple day sale. Example; for a sale Friday and Saturday 7 AM to 5 PM signs must be removed Friday evening from 6 PM until Saturday morning at 6 AM. c. No Superstition Foothills landscape rocks, bushes, trees or any road signs may be used to hang or support signs. Staked signs, A-frame or weighted box signs may be used. The time allowed for political signs to be displayed is according to the latest AZ Statute. Page 13 of 15 February 28, 2012

14 EXHIBIT A COMMUNITY POOL SAFETY AND RULES Summer vacation brings additional use of the pool and recreatioonal facilities. Please be advised that there is no lifeguard on duty at any time. Pool and spa facilites are enjoyed at the risk of the user. The Board of Directors, Management Company, or any person (s) employed by the Board Board of Directors assumes no responsibility for homeowners, guests, family members and/or invitees. Pool rules are devised for your safety, protection, enjoyment and well being, but there is no substitute for caution, common sense and courtsey. Pool Hours: Dawn to 10:00pm Residents and guests only. Proper swimming attire must be worn, no cut-offs. Shower prior to entering the pool or spa. Do not enter the pool or spa wearing suntan oil. No person under the age of 14 may swim unless accompanied by an adult. No person under the age of 14 may enter the spa. No pets are allowed inside the pool area. No skateboards, roller blades, or bicycles allowed inside the pool area. No glass containers or alcoholic beverages allowed in the pool area. No children with diapers in the pool or spa. No running, diving, or horseplay permitted in the pool, spa or deck areas. Deposit all trash in trash containers. DO NOT OPEN GATE FOR UNKNOWN PERSONS. DO NOT PROP THE GATE OPEN! CHILDREN MAY WANDER IN!!! AN ADULT MUST WATCH CHILDREN IN THE POOL AREA AT ALL TIMES!!!! Please let common sense, neighborliness and courtesy serve as recommended pool conduct. Report violations to Kinney Management or Pinal County Sheriff s Office. Violations may lead to the deactivation of pool privledges. Page 14 of 15 February 28, 2012

15 EXHIBIT B APPROVED PLANT PALETTE 1. Plants contained in the Master Plant Palette (Appendix A) are believed to be compatible with the Sonoran Desert and the Superstition Foothills Site. 2. All species of cacti are acceptable for use within the project. 3. All plants within streetscapes, front yards and side yards visible from the street must adhere to the Master Plant Palette. 4. Plants above six feet (mature height) in rear or side yards or in public view within Superstition Foothills must adhere to the Master Plant Palette. 5. Plants below six feet at mature height in rear yards are open to owner's discretion so long as they are not listed in the Prohibited Plant List (Appendix B). PROHIBITED PLANT PALETTE 1. Any species of tree or shrub shall conform to the Approved Master Plant Palette whose mature height may be visible above patio walls or from adjacent property unless it has been previously approved by the Master Developer. 2. All Palms (Palmae) whose mature height may reasonably be expected to exceed six feet (6 ) is prohibited. Any palm that will not exceed six feet (6 ) at maturity is allowed within the confines of a private garden * or rear yard. 3. All Pines (Pinus), Cypress (Cupressus), False Cypress (Chamaecyparis), Juniper or Cedar (Juniperus) whose mature height may reasonably be expected to exceed six feet (6 ) is prohibited. Dwarf varieties which will attain a height less than six feet (6 ) are allowed but only within the confines of a private garden.* 4. Olive Trees (Olea europaea) 5. Oleanders (Nerium oleander) and Thevetia (Thevetia species). Dwarf varieties will be allowed within private gardens only.* 6. Fountain Grass (Pennisetum setaceum). 7. All varieties of Citrus. Dwarf varieties will be allowed within private gardens only.* 8. Mulberry Trees (Morus species). 9. Common Bermuda Grass (Cynodon dactylon). 10. Mexican Palo Verde (Parkinsonia aculeata). 11. Pampas Grass (Cortaderia selloana). 12. Buffelgrass (Pennisetum cilare) * Private gardens are considered areas not in public view within Superstition Foothills. Page 15 of 15 February 28, 2012