The Preserve at Somers Homeowners Association

Rules and Regulations
October, 2008

The use of the common areas, easements, right of way, a Lot and Home (collectively, the “Property”) by a Member or other occupant or guest shall be subject to these rules and regulations (in addition to the Declaration of Covenants, Restrictions and Easements provided in the Offering Circular of the Preserve at Somers Homeowners Association Offering Plan, as amended from time to time) and the By-laws and any rules of the Association, as they may be added to or promulgated by the Board, as may be amended from time to time:

1. Each Lot shall be restricted to residential use by a single household, its servants and guests, and shall be used for no other purpose. No trade, profession, business or any other type of commercial activity shall be conducted on any Lot, except for a business which has no employees at the home or clients or customers at or visiting the home.
   
    

2. Each Member shall maintain the Lot and Home and all fixtures thereto in good repair and overall appearance. Each Member shall maintain the landscaping on his Lot (including the Right of Way) in neat appearance. Any diseased or dead landscaping shall be removed from the lot.
   
    

3. Any exterior additions or alterations of a Home must be in the style originally used by the Developer in the development.
   
    

4. No improper, offensive or unlawful use shall be made of the Property or any part thereof, and all valid laws, zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed.
   
    

5. All assessments shall be paid when due. The Board shall, at the request of the mortgagee of the home, report any delinquent assessment due from a Member of such Home or Lot.
   
    

6. No Members shall post any signs, advertisements or posters of any kind (except “home for sale” signs on a Lot) in or on the Property or Common Areas, except as authorized and approved by the Board. Contractors performing work on a Home or Lot may post a sign while work is being performed, for no longer than thirty (30) days.
   
    

7. No Member shall make or permit any nuisance in any Home or Lot or do or permit anything to be done therein, which will interfere with the rights, comforts or conveniences of other Members.
   
    

8. No vehicle shall be parked in a Lot (except for brief periods of time) unless enclosed in one of the garage spaces provided at the time of original construction or, if a registered passenger vehicle, in the driveway leading thereto. This means that vehicles, trailers, or boats may not be parked anywhere on the side or rear yard of any lot, whether in an enclosed structure, attached or detached, or in the open. Parking of a commercial vehicle is only allowed outdoors on a temporary basis for the purposes of loading or unloading. Vehicles shall not be repaired on the Property, other than within a garage or for brief emergency service. ATVs, snowmobiles, motorized scooters, mini-bikes, dirt bikes, or quads are not permitted on the roadways or common areas under any circumstances.
   
    

9. No swing sets, play houses, sheds, fences or any other structure shall be placed in the front or side yards of any Lot, unless written exception of the Board is granted.
   
    

10. All Members shall be responsible for picking up and disposing of their pet’s waste and for any damage caused by their pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, other than dogs, cats and other typical household pets which are not kept for any commercial purpose, and which do not cause a nuisance or unreasonable annoyance to other Members.
    
     

11. Refuse cans must be secured with a lid and shall only be placed at the curb after 5:00 pm on the evening prior to pick up. Refuse cans must be returned to the inside of the garage by 9:00 pm on the day of pickup. In the event that pickup is missed, refuse cans must be returned to the garage while waiting the next pick up. No garbage, trash, refuse or rubbish shall be deposited, dumped or kept on the Property except in enclosed sanitary containers. These rules also apply to large special pick-up items and recyclables. Dumpsters are allowed, but can only remain for a period of seven (7) days and must be placed only on the driveway or within the Member’s Lot. Any exceptional circumstances must be presented to the Board in writing for approval.
    
     

12. All holiday lights and decorations must be removed within 30 days after the holiday, weather permitting.
    
     

13. Fences may only consist of wood or stone unless the Member obtains written approval (using the form provided by the Board) from the Board to use an alternate material.
    
     

14. No above-ground swimming pools are permitted. An above ground pool is considered to be any structure, including a hot tub, where the surface of the water is above the level of the surrounding ground, and:
    a. Which has a designed water depth of greater than 12 inches, or
    b. Which has the capability for water filtration or circulation, or
    c. Where chemical treatment of the water is performed, or
    d. Which is typically not drained at the end of each day.
    
     

15. No radio or television antennas are permitted on the Property, except “conventional”, rooftop tubular antennas of size and configuration customary at the time when the Declaration was recorded, and “dish” type antennas not exceeding 18” in diameter, shall be permitted

16. Members with children or with visiting children shall be held strictly responsible for any improper acts, conduct, vandalism performed by their children or their guests.
    
     

17. The Board shall establish a procedure for the filing and making of complaints of violations of these Rules and the By-laws and Declaration as well as for due process for a resident to have the opportunity to be heard in the event they receive a notice of violation.
    
     

18. The terms used in these House Rules shall have the same respective meaning given to such terms in the Declaration and By-Laws.
    
     

19. No Member shall discard debris into the biofilter basins or otherwise interfere with the function, purpose or design of the basins, streams, culverts, dams or bridges on the Common Areas. No recreational activity shall occur within the Basin, stream, culvert, dam or any drainage structure.
    
     

20. Violations of the Rules and Regulations may be subject to administrative fees. The Board of Directors may promulgate such a schedule of fees. Such fees will be added to the HOA dues and will be subject to late fees if unpaid.
    
     

21. No exterior clotheslines shall be permitted.
    
     

22. Storage of items of personal property is not permitted in the exterior of a home, unless within a shed located in the rear yard or for a temporary time period not to exceed thirty (30) days.