Rules and Regulations Windsor Gate Condominiums

Rules and Regulations Windsor Gate Condominiums

WINDSOR GATE COUNCIL OF CO-OWNERS, INC. RULES AND REGULATIONS Version 1.00 February 14, 1996

WINDSOR GATE TABLE OF CONTENTS INTRODUCTION. 2 DEFINITIONS, DISCLAIMER AND DEFERRAL TO DOCUMENTS 3 BOARD OF DIRECTORS, MEETINGS, AND AGENDA 4 FUNCTIONS AND DUTIES OF OFFICERS. THE MANAGEMENT COMPANY 6 GUIDELINES TO MAINTENANCE AND REPAIR.. 7 GENERAL RULES AND REGULATIONS 8 PARKING AND PARKING AREAS 10 BUILDING EXTERIORS AND INTERIORS 11 PETS 12 LEASED UNITS 13 CLUBHOUSE 14 CLUBHOUSE RENTAL RULES 16 EXERCISE ROOM RULES... 19 TENNIS COURT RULES 20 SWIMMING POOL RULES 21 ARCHITECTURAL CONTROL 22 ARCHITECTURAL CONTROL REQUEST FORM PROCEDURES 23 PENALTIES 24 5 EXHIBITS: REQUEST FOR USE OF THE CLUBHOUSE CLUBHOUSE RENTAL RULES CLUBHOUSE CLEANING CHECKLIST ARCHITECTURAL IMPROVEMENT APPLICATION FREQUENTLY CALLED NUMBERS

INTRODUCTION Congratulations on the purchase of your home at Windsor Gate! It is our wish that you will find, as so many others have, Association living the most convenient form of home ownership today. To promote your enjoyment of Association living, this booklet has been prepared for you to provide helpful information and instructions as to the policies and procedures your Board of Directors and your Management Company will be following to best serve each resident of Windsor Gate. It is the purpose of your Board of Directors to maintain, protect and enhance the value of your home and your lifestyle at Windsor Gate. In addition, it is the purpose and promise of your Management Company to assist the Board of Directors in upholding these responsibilities while maintaining an atmosphere of welcome and comfort to all residents and their guests. This is your home, and we want you to enjoy it! Sincerely, WINDSOR GATE BOARD OF DIRECTORS 2

DEFINITIONS, DISCLAIMER AND DEFERRAL TO DOCUMENTS Definition of Unit Owner: Every person or entity, who is of record, is the Owner of a fee or undivided fee simple interest in a unit. Definition of Resident: Any person(s) who occupies or resides in a unit will be defined as a resident. Definition of Common Area: Any area outside of each Condominium that is generally used by the resident, such as: halls, stairways, lawns, sidewalks, pool, clubhouse, tennis courts, parking areas, etc. Definition of Limited Area: Included in the Common areas and facilities, but restricted to the use of the Resident of the units to which such areas and facilities are adjacent and appurtenance to, the following items shall be known as Limited Common Areas and Facilities: all patios, balconies, decks, storage closets located outside the unit, garage spaces and any assigned parking spaces. Definition of Lessee: Any tenant(s) of the Unit Owner. This Information Package and Rules and Regulations are designed to familiarize Residents briefly with the Association, Management, and policies and procedures. A fuller, more comprehensive reference to any item concerning Windsor Gate can be found in the Declaration, Articles of Incorporation, and By-Laws, issued to all Unit Owners prior to occupancy. If you have any questions, please refer to your Condominium Documents. In case of any conflict between these Rules and Regulations and the Declaration, Articles of Incorporation, and By-laws, the Declaration, Articles of Incorporation, and By-Laws shall control. These Rules and Regulations may be amended at any time by the Board of Directors. 3

The Windsor Gate Board at its July 17, 2007 meeting approved the following new "PETS" section of the Rules and Regulations. Please remove page 12 from your current copy of the Rules and Regulations and insert these six new pages. INTRODUCTION: PETS The Declaration of Master Deed at Article 10, Section 1, provides, among other things, that the Council has the power and responsibiltty "to make reasonable rules and regulations". Furthermore, Article 14, Section 4, the Master Deed provides that the Council, or any Owner, may enforce provisions of the Master Deed, the Bylaws or Rules and Regulations promulgated by the Council by any proceeding at law or in equity, and that the Council may levy a reasonable fine for a violation, or more than one fine for continuing violations- Article VII of the By-Laws empowers the Board of Directors ("Board") to adopt and publish Rules and Regulations. The Board reiterates and commends to your reading the Master Deed provisions to remind residents of Windsor Gate of the responsibility they have to their neighbors and friends to be continuously aware of actions that violate the Association's Master Deed, By-Laws, and Rules and Regulations. Also, the Board recommends that pet owners at Windsor Gate familiarize themselves Ordinance No. 233, Series 2006, within the LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES [LMCO]. This ordinance was passed by the Metro Council on December 19, 2006 and approved by Mayor Jerry Abramson on January 4, 2007. This is the current animal control ordinance covering the Louisville Metro area and is available on the intemet at: crthnance.htrn. The Board is not a police or investigative entity. The Board initiates action on alleged violations only when it receives written notices of alleged violations from Unit Owners. The Board does not accept oral or unsigned allegations of violations. Alleged violations must be legibly written or typed, dated and signed by a Unit Owner before the Board will take action on a complaint. APPLICABIUTY: When legible written or typed complaints are received by the Board from any Unit Owner who is a member in good standing of the Council of Co-Owners that any I

of the following provisions of these Rules and Regulations have been violated, the Board will follow the process outlined in the "PENALTIES" section of these Rules and Regulations to enforce provisions of the Master Deed, the Bylaws or these Rules and Regulations. RULES PERTAINING TO PETS: 1. All pets shall be controlled so as not to create a nuisance or unreasonable disturbance. (See Article 11, Section 1, paragraph f. of the Master Deed.) The board adopts the definition of nuisance included in LMCO Ordinance No. 233, Series 2006 The LMCO definition of "NUISANCE" is repiinted at the end of this section for information purposes. 2. The Owner of a pet must immediately clean up any mess left by the pet on any Common Area. (See Article 11, Section 1, paragraph f. of the Master Deed and LMCO No. 233, Series 2006) 3. All pets must be on a restraint and under complete control of the person walking the pet whenever the pet is outside the residence upon any of the "Common Areas". Pets should be walked using the streets and sidewalks, or the outer peripheral paths on the Condominium Property. Use of the Common Areas immediately adjacent to housing units is a nuisance. The board adopts the meaning of "RESTRAINT" as defined in LMCO No. 233, Series 2006. (See Article 1, Section 1, paragraph e. for a definition of "Common Areas" and LMCO No. 233, Series 2006). The LMCO definition of "RESTRAINT" is reprinted, in part, at the end of this section for information purposes. 4. No pet shall be staked or tied on, to, or in, any Common Area, or Limited Common Area. Chains or stakes in the Common Area will be removed by management. (See Article 11, Section 1, paragraph h. of the Master Deed and LMCO No. 233, Series 2006) 5. Pets are not allowed in the pool or tennis courts for any reason. Only a dog accompanying and providing support for a person who is deemed to be disabled under federal, state, or local law is allowed in the clubhouse. For purposes of this Chapter, the term ""assistance dog" shall include a service dog recognized or defined under federal or state law. (See Article 11, Section 1, paragraph h. of the Master Deed and LMCO No. 233, Series 2006) 6. Property damage by pets (such as digging shrubs or urine spots which kill grass, etc.) will not be tolerated. Pet Owners Will be held responsible for cost of replacement or repair as provided in the Master Deed. (See Article 11, Section 1, paragraph f. of the Master Deed.) 2

7. No Animals shall be raised, bred or kept in the project, except that dogs, cats, and other household pets may be kept in Units provided they are not kept, bred, or maintained for any commercial purpose, and provided that the pet weighs less than thirty (30) pounds. (See Article 11, Section 1, paragraph 1. of the Master Deed.) A complaint that a pet weighs more than thirty (30) pounds may be effectively rebutted by the pets owner when the owner submits to the board the following evidence that the allegation is untrue: a letter from a ficensed veterinarian stating that the pet in question has been examined by the veterinarian, the date of the examination (which shall be not more than thirty (30) days prior to submission of the letter to the board), the weight of the pet on the examination date, the breed, and description, and license number of the pet in sufficient detail so as to allow the board, or its designee, to confirm that the pet examined is the pet being kept in the Unit and is the subject of the complaint. The pet owner shall cooperate with the board, or its designee, to verify that the pet in question is the pet examined by the veterinarian. Any such rebuttal to a complaint by the pet owner shall be received by the Board within thirty (30) days of the date of the mailing of the first warning letter provided for in the "PENALTIES" section of these Rules and Regulations. 8. No dangerous animal is allowed in the project. (See Article 11, Section 1, paragraph f. of the Master Deed.) The board has determined that exotic species and wild animals are dangerous animals which are prohibited by the Master Des. The definitions of uexotic species" and "wild animal" included in LMCO No. 233, Series 2006 are adopted by the board. These LMCO definitions are reprinted at the end of this section for information purposes. (See Article 11, Section 1, paragraph f. of the Master Deed and LMCO No. 233, Series 2006) 9. Dog houses or other structures used, or intended for housing or keeping of animals shall not be constructed, placed or maintained on any part of the Common Areas and Limited Common Areas. (See Article 1, Section 1. paragraphs e. and g. of the Master Deed for definitions of Common Areas and Limited Common Areas.) 10. In addition to enforcement processes under the Penalties section of these Rules and Regulations, all complaints received by the board, which in its judgment, may violate any provision of LMCO No. 233, Series 2006 will be forwarded to Louisville/Jefferson County Metro Government Department of Animal Services for their enforcement. Adopted by the Board of Directors on ii 2001: Joseph Scharpf, President: 3

EXTRACTED FOR INFORMATION PURPOSES ONLY (Reprinted From Louisville Metro Ordinance No. 233, Series 2006) (These extracts from definitions in the above ordinance may not include all the terms of the ordinance applicable to any particular set of ftcts surrounding a complaint received by the Board. For additional information the entire ordinance is available on the internet at: ordinanc&htm) NUISANCE. (A) Any act of an animal or its owner that irritates, perturbs or damages rights and privileges common to the public or enjoyment of private property or indirectly injures or threatens the safety of a member of the general public. By way of examples and not of limitation, the commissions on the following acts or actions by an animal or by its owner or possessor shall hereby being declared a nuisance: (1) Allowing or permitting an animal to habitually bark, whine, howl, mew, crow or cackle in an excessive or continual fashion or make other noise in such a manner so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises. (2) Allowing or permitting an animal to damage the property of any person other than its owner or caretaker, including to but not limited to getting into or turning garbage containers or damaging gardens, flowers, piants or other real or personal property or leaving fecal material on the property of another person. (3) Allowing or permitting an animal to molest, chase, snap at, attack or attempt toattack passers-by, vehicles, domestic pets or livestock. (4) Allowing or permitting an animal to habitually or continually roam or be found on property of other than its owners or caretakers, trespassing school grounds, parks or the property of any person. (5) Allowing or permitting an animal to be housed or restrained at a distance, that, in the discretion of the animal control officer, poses a threat to the general safety, health and welfare of the general public. (6) Allowing or permitting an animal to be maintained in an unsanitary condition. (7) Allowing or permitting an animal to habitually charge in. an aggressive manner a fence separating from another property when the usual residents are taking pleasure in such property without provoking such animal. (B) Subject to the restrictions set forth in KRS 413.072(7), an agricultural operation, as defined under KRS 413.072(3), shall be exempt from any enforcement under this Chapter 91 which arises out of a nuisance violation as defined herein. 4

RESTRAINT. (1) For all animals except puppies and dogs, RESTRAINT shall mean on the premises of the owner or on premises which the animals' presence has been explicitly allowed, or, if off the premises of the owner where permission has not been granted, under restraint by means of a lead or leash or in a cage or carrier and under the control of a responsible person,. (2) For puppies and dogs, RESTRAINT shall mean on the premises of the owner and confined in a secure enclosure, or accompanied by the owner on the owner's property and under his/her direct control. If off the premises of the owner, the animal must be restrained by a lead or leash and under the control of a responsible person physically able to control the dog, or except for unaltered pit-bull dogs, dangerous dogs, and potentially dangerous dogs, accompanied by a responsible person into an enclosed "off-leash" area designated by the Kentucky Department of Parks or the Metro Department of Parks and in conformance with all regulations and/or requirements imposed as a condition of utilizing such "off-leash" area by such Departments of Parks, or their designees. (3) In addition to the requirements of Section 2, above, under this definition, RESTRAINT for unaltered dogs, dangerous dogs, and potentially dangerous dogs shall mean as follows: (i) that dangerous dogs and potentially dangerous dogs are at all times securely muzzled when off the premises of the owner. The muzzle shall be made in such a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or other animal; and (ii) that owners of unaltered dogs, dangerous dogs, and potentially dangerous dogs shall not allow the dog to be outside an enclosure as defined in this chapter unless the dog is confined to a secure cage, or is chained, leashed, and is under the control of a person physically able to restrain the dog. (iii) that a lead or leash for an unaltered dog shall not exceed four feet in length. (4) Other standards and requirements for restraining dogs shall be as set forth in 91.051. EXOTIC SPECIES. Any animal born or whose natural habitat is outside the continental United States excluding non-venomous reptiles and fish. WILl) AN! M4L. Shall include the following: (1) Any animal that generally is not domesticated and living among humans, nor those defined as Domestic Pets herein; and (2) Any animal classified by the Kentucky Department of Fish and Wildlife in its statutes or regulations as either: 5

(a) inherently dangerous wildlife; or (b) exotic wildlife; or I wildlife whose importation or possession is prohibited by any federal or state law or regulation; and (3) A of any animal herein classified as a Wild Animal. 6