ALake HOA - Covenants

Rev. 02/2002

WHEREAS, Section 2.1.5 and 2.1.6 of that certain Declaration of Covenants, Conditions and Restrictions of Arapahoe Lake No. One Association recorded in Book 2402 at the Office of the Clerk and Recorder for the County of Arapahoe, Colorado (thereinafter "Declaration") (terms which are defined in the Declaration shall be the same meanings herein unless otherwise defined), and Article IV of those certain Bylaws of Arapahoe Lake No. One Association, adopted by the Board of Directors thereof on December 12, 1975, provide that the Board of Directors ("Board") of the Arapahoe Lake No. One Association (the "Association") may establish such rules and regulations as may be necessary for the operation, use, occupancy and enjoyment of the Common Areas and Private Roads.

WHEREAS, the Board of the Association desires to establish, adopt and enforce the following Rules and Regulations of the Association, to be effective as of the date hereinafter provided, to and supersede any and all rules and regulations previously adopted by the Board;

NOW THEREFORE, effective as of the _1st_ day of _April_, 2002, the Board hereby establishes, makes and adopts the following provisions as and to be the Rules and Regulations of the Association.

SECTION I COMMON SCHEME RULES AND REGULATIONS

The following restrictions are imposed as a Common Scheme upon each lot and the common area for the benefit of each other lot:

1.1 The Property

The improvement and grounds of each lot including all areas visible to the street or common areas shall be maintained in a neat and attractive manner and in adherence to the common scheme of Arapahoe Lake, Filing No. One ("the Property").

No property may be improved, used or occupied for other than private, single-family residential purposes.

1.2 Trash

No garbage, refuse, rubbish or cuttings shall be placed upon any street, road or common area. The same shall be placed in a suitable container reasonably located away from view of the street or common areas. Trash shall be deposited at curbs no earlier than 6:00 p.m. the evening before the designated pick-up day in secured, animal proof containers.

1.3 Visible Objects No garbage and trash containers, clotheslines, basketball backboards, woodpiles, lawn mowers, lawn or garden equipment, wheel barrows, storage items (including windows and screens), maintenance equipment (including ladders), recreational equipment, etc., may be stored where they are visible from the street, common areas, or by neighbors. Clotheslines shall be confined to fenced yards or patio areas.

1.4 Building Materials

No building material of any kind or character shall be placed upon any lot except in connection with construction previously approved by the Association's Architectural Control Committee (ACC). Any such approved construction shall be promptly commenced and diligently completed.

1.5 Lighting

Any exterior lighting shall either be indirect or of such controlled focus and intensity as not to disturb the residents of the adjacent lots. Exterior yard lighting is MANDATORY in accordance with Section 10.16 of the Declaration and must be maintained in working condition at all times.

1.6 Pets

No animals of any kind, including dogs, cats, livestock, poultry, birds or bees, shall be raised or kept within the Property, including the lots, except as provided below:

No animals of any kind, including but not limited to livestock, poultry, birds or bees, shall be bred or boarded within the Property.

A reasonable number of dogs, cats, birds, or other household pets may be kept or raised on any Lot. The Board, in its sole discretion, and considering the number and size of the household pet(s) as well as any problems, complaints or concerns regarding the pet(s) in any individual residence, may reasonably restrict the number of household pet(s) raised or kept on any Lot on a case-by-case basis.

No pets hall be kept or raised for any commercial purposes.

Pet owners shall clean up after their pet and dispose of the same in a suitable container.

Pets shall not be allowed to damage grass, shrubs, trees, or any other portion of the Common Areas or become an annoyance or nuisance to others. Expenses and costs resulting from damage to shrubs, trees or Common Areas will be the responsibility of the applicable Owner.

Pets, including dogs and cats, shall not be allowed to roam without being under control of a suitable leash on the Common Areas.

Pets shall not be chained or tethered to any building, stake, sprinkler heads, trees or other portions of the Common Areas. No pets shall be left chained or tethered outdoors, unattended, within a yard area or otherwise, so as to become an annoyance or nuisance to others from barking or such other cause.

1.7 Signs

Only signs advertising the sale or rental of a property and which are approved by the ACC shall be allowed. Placement of signs on common areas is prohibited unless prior approval is obtained from the ACC, which approval may be withheld for any reason whatsoever. Signs shall be a standard real estate sign and must be in good appearance as solely determined by the ACC.

1.8 Outbuildings

No used or previously erected or temporary house, structure, house trailer, or non-permanent outbuilding shall be placed, erected, or allowed to remain within the property except during construction.

1.9 Vehicles

Inoperative, Unused or Abandoned Vehicles. No inoperative, unused or abandoned vehicle shall be stored, parked, maintained, or kept within any part of the Property, including any common area, lot or way of access within the Property. "Inoperative, abandoned or unused vehicle" shall mean any automobile, truck, motorcycle, motorbike, boat, trailer, camper, house trailer, or similar vehicle which has not been driven under its own propulsion for a period of 5 days.

Commercial and other vehicles. No commercial vehicle, boat, trailer, mobile home, house trailer, truck motorcycle, motorbike, camper, or similar vehicle shall be parked, kept, stored, or maintained anywhere within the Property if such vehicle is visible from any Lot, Common Area, or street within the Property. Vehicles in violation hereof shall be subject to ticketing and/or towing as provided herein or by applicable law.

No automobile maintenance, mechanical, body or engine work, overhauling or similar automotive repair work for commercial and/or business purposes shall be performed within any portion of the Property. Only minor automotive maintenance and upkeep of a resident's private vehicle may be performed anywhere within the Property and, in all cases, no automobile maintenance or repair work shall be conducted carried on to as to become an annoyance, nuisance, eyesore, or hazard.

No motorized vehicles are allowed on the common area including but not limited to, motorcycles, dirt bikes, mopeds, and go-carts.

Property owners of such vehicles also shall be subject to fines described in these Rules and Regulations.

1.10 Antenna

No exterior antennae, antennae brackets, tripods, or satellite dishes (except as permitted by the Federal Communications Commission) are allowed. Dish placement should be approved by the Architectural Committee prior to installation.

1.11 Air Conditioners

No "swamp" coolers or window air conditioners are allowed without specific approval of the ACC.

1.12 Fences

All fences shall be split-rail or other ACC approved design with a maximum height of six (6) feet. No fence may be erected without first obtaining approval of the ACC.

1.13 Lake

Dumping of material of any kind or any fish, fowl or animal into the lake by anyone is expressly prohibited. Dumping of hazardous materials or other environmental contaminates into streets or drains is in violation of these regulations.

No motorized boats are allowed on the Lake, other than the Arapahoe Lake contractor maintaining the lake's water quality.

Failure to abide by the Fishing Regulations as established from time to time by the Board is prohibited.

No swimming is allowed in the Lake.

All watercraft used on Arapahoe Lake must be owned by a resident and registered with the management company, and display an Arapahoe Lake registration sticker.

All watercraft used on Arapahoe Lake must be locked when not in use.

All watercraft used on Arapahoe Lake must be docked at either one of the three dock areas provided for residents or, for residents owning lake frontage (without greenbelt separation), their private docks. Docking anywhere else along the lakeshore is not permitted.

Watercraft may only be used on Arapahoe Lake from sunrise until 1/2 hour after sunset. Watercraft are not permitted under the on-lake townhome.

1.14 Townhomes

Open flames are prohibited on the decks/balconies of the townhomes. Only gas barbeques are permitted if monitored at all times, and the burners must be kept a minimum of two feet from wood surfaces when in use, and until completely cool.

Parking for Townhomes 9858 though 9866 E. Maplewood Circle: 1. No parking is permitted in front of garage doors. 2. Each townhome is allowed one permanent parking spot in the shared lot of these townhomes.

SECTION II ARCHITECTURAL RULES AND REGULATIONS ARTICLE 1 ARCHITECTURAL CONTROLS

2.1.1 The following are subject to mandatory review by the Architectural Control Committee.

A. Any structural changes or additions whether to a residence or accessory building including such things ad decks, patios, tennis courts, swimming pool, hot tubs, solar panels, mailboxes, house numbers, flag poles, fences, walls, exterior lighting and/or other improvements.

B. Any repainting or alteration, improvement, or addition to the exterior of residences or accessory buildings.

C. Any landscaping.

2.1.2 Complete plans and/or Specifications showing the exterior design, height, building materials and color schemes as well as the location of the proposed structure or improvements plotted horizontally and vertically relative to existing buildings; the general plan of landscaping, fencing walls and windbreaks, and the grading plan must be submitted to the Association's Management Agent for distribution to the ACC. The plans and/or specifications must be approved in writing by the ACC prior to work being commenced.

SECTION II ARCHITECTURAL RULES AND REGULATIONS ARTICLE 2 ARCHITECTURAL CHANGE PROCEDURES

2.2.1 The ACC shall be composed of not less than three (and if more than three, an odd number) owners (who may also be directors) appointed by the Board of Directors. Three members of the ACC shall constitute a quorum. The ACC shall exercise its reasonable judgement to see that all improvements, construction, landscaping, and alterations within the neighborhood conform to and harmonize with existing surroundings and structures.

2.2.2 All architectural requests must be submitted to the management company of the Association. The ACC shall approve or disapprove in writing all plans and requests within sixty (60) days after submission of all required material.

2.2.3 A majority vote of a quorum of the ACC is required for approval or disapproval of proposed improvements. Homeowners may appeal a decision of the ACC by appearing in person before the committee. Homeowners may further appeal to the Board of Directors.

2.2.4 The ACC shall not be liable in any way to any person or entity submitting a request for approval or to any Owner within the neighborhood or to any persons by reason of any action taken, failure to act, approval, disapproval, or failure to approve or disapprove, or any suggestions made with regard to such requests.

2.2.5 The Owner is responsible for meeting all Local and State statutes, codes, rules and regulations, and for obtaining all necessary permits. Owner is also responsible for observing the Declaration.

SECTION III MISCELLANEOUS

3.1 Fines

In the event of any violation of the Declaration or any of these Rules and Regulations then, in addition to all rights and remedies otherwise available, a penalty/fine assessment shall be imposed as follows:

(a) First Offense/Violation: Written notice/warning letter to Owner.

(b) Second Offense/Violation: A $50.00 fine assessed against Owner.

(d) Fourth and Subsequent Offense/Violation: A $200.00 fine assessed against Owner.

In the event of a violation of a continuous nature, a failure of the Owner to remedy such violation within the time period provided in the written notice/warning letter provided on the occurrence of a first offense/violation shall constitute a subsequent violation, entitling the Association to impose a fine in accordance with the foregoing schedule. Additionally, in the event the Association is required to perform any work or take any action as a result of an Owner's violation of the Declaration or the Rules and Regulations, then notwithstanding and in addition to the penalty/fine assessment, all costs and expenses incurred by the Association as a result thereof or in furtherance thereof shall be payable by and the personal obligation of the Owner.

3.2 Late Fees and Penalties. In the event any annual or special assessment and/or penalty established pursuant to the Declaration is not paid within fifteen (15) days after the due date thereof, then in addition to any interest changes accruing thereon as provided in the Declaration, a late fee in the amount of not less than Ten Dollars ($10.00) or other amount deemed appropriate by the Board of Directors shall be assessed to compensate the Association for the expenses, costs, and fees involved in handling such delinquency. The late fee shall be the personal obligation of the Owner(s) of the Lot for which such assessments are unpaid. All late fees shall be due and payable immediately, without notice, in the manner provided by the Declaration for payment of assessments.

3.3 Return Check Charges. In addition to any and all charges imposed under the Declaration, Articles of Incorporation, ByLaws or these Rules and Regulations, a Twenty-five ($25.00) fee or other amount deemed appropriate by the Board of Directors shall be assessed against an Owner, in the event any check or other instrument attributable to or for the benefit of such Owner or Owner's Lot is not honored by the bank or is returned by the bank for any reason whatsoever, including but not limited to insufficient funds. Such return check charge shall be due and payable immediately, upon demand. Notwithstanding this provision, the Association shall be entitled to all additional remedies as may be provided by applicable law.

3.4 Collection Fees. In addition to any and all charges imposed under the Declaration or these Rules and Regulations, the Owner(s) of any Lot shall be personally liable for payment of all costs and expenses ("Collection Fees") incurred by the Association for services performed by the Association's Management Agent in handling a delinquent account or otherwise enforcing the terms and provisions of the Declarations or these Rules and Regulations. The foregoing shall include but not be limited to accounting services, supervision and coordination with the Association's attorneys or court appearances.

3.5 Application of Payments made to the Association. The Association reserves the right to apply any and all payments received on account of any Owner or the Owner's Lot (hereinafter collectively "Owner"), to payment of any or all legal fees and costs (including attorneys' fees) expenses of enforcement and collection, late fees, return check charges, lien fees, and interest owing or incurred with respect to such Owner pursuant to the Declaration, Bylaws, and Rules and Regulations of the Association, prior to application of the payment to the special or general assessments due or to become due with respect to such Owner.

3.6 Right of Association to perform Owner's Obligations. In the event of the failure of an Owner to perform any maintenance, repair or other obligation imposed in accordance with the Declaration, Bylaws or Rules and Regulations, the Association shall be entitled to perform such work or other obligation on behalf of the Owner after thirty (30) days written notice to the Owner (and without any prior notice in the event of an emergency or apparent emergency) and the reasonable and necessary costs incurred by the Association in connection therewith shall be the joint and several obligation of such Owner.

3.7 Penalty/Fine Assessment

All fines/penalty assessments shall be due and payable with the next monthly installment of annual assessments due from such Owner. The Association shall be entitled to take such action and perform such work as specified in these Rules and Regulations or as otherwise permitted by the Declaration or the Bylaws, prior to, in the absence of, or during the pendency of any hearing held pursuant to the Policies and Procedures.

The Owner(s) of each Lot shall be personally and jointly and severally liable for all fines/penalty assessments. In the event said fine/penalty assessment is not paid within fifteen (15) days after its due date, the Association may thereafter commence an action at law, or in equity, or both, against any Owner personally obligated to pay the same, for recovery of such assessment plus late charge, as aforesaid. The Association shall be entitled to recover its reasonable attorneys' fees and associated costs and expenses incurred in connection with such legal proceedings.