Rules and
Regulations for Lexington Village
Condominium

The Rules and Regulations contained herein have been established and implemented in accordance with Article XII paragraph 12.01 of the Declaration of Condominium for Lexington Village Condominium filed with the office of the Auditor of Montgomery County, Ohio, October 19, 2004; and in agreement with the provisions of Ohio Revised Code paragraph 5311.08.1B(5)

The Rules and Regulations established herein have not been established to supercede or overrule the provisions of the Declaration or the Bylaws of the Condominium. They may refer to articles within the Declaration or Bylaws for the purpose of enhancing, clarifying, or strengthening the intent of those articles. If any Rule or Regulation contained herein directly or indirectly contradicts the intent of an article of the Declaration or Bylaws the provisions of the Declaration or the Bylaws shall govern.

DEFINITIONS

1. Board means the Board of Directors of the Association, and includes those persons who as a group serve as the Board of Directors. That is those individuals elected by the association membership at it annual meeting.

2. Architectural Improvement Application is a form supplied by the Board and used by the Unit Owners to out line any exterior addition to, change or alteration of any Building and/or the Common or Limited Common elements of any unit. Architectural Improvement Applications are required to be completed before beginning the addition to, change or alteration requiring the approval of the Board.

It should be noted that though the Rules and Regulations contained herein set forth specifications in which owners may change or alter Buildings, Common or Limited Common Elements of the Condominium property does not constitute authority to do so. Units Owners must in all cases submit and have an approved Architectural Improvement Application prior to making any changes or alterations in accordance with these Rules and Regulations. It should also be noted that just because these Rules and Regulations outline specifications in which Unit Owners may be authorized to make changes or alterations does not mean applications should be submitted to conform with these specifications. Unit Owners have the right to submit an Architectural Improvement Application even though it may not comply with these Rules and Regulations. All Architectural Improvement Applications will be considered on an individual basis weighing each application on its merit and implication of its overall affect on the Condominium property

3. Common Assessments means assessments that are charged proportionately against all entities for common purposes.

4. Common Elements means all of the Condominium Property, except that which is specifically defined and referred to as a Unit. This phrase has the same meaning as the phrase “Common Elements” as defined in Chapter 5311 of the Ohio Revised Code.

5. Limited Common Elements means the common elements that the declaration designates as being reserved for use by a certain unit or units, to the exclusion of the other units. This phrase has the same meaning as the phrase “Common Limited Elements” as defined in Chapter 5311 of the Ohio Revised Code.

6. Penalty Assessments means assessments that are charged to a specific unit owner as a result of a violation of the Declaration of Condominium or these Rules and Regulations.

Section I - Obstruction of Common Elements or Alteration of Common Elements. Article XIII paragraph 13.01 states “There shall be no obstruction of the Common Elements, nor shall anything be stored or placed in or on the Common Elements”; 13.10 states that “Nothing shall be altered, constructed in, or removed from the Common Elements.” Article XIX paragraph 19.01 stated that “…no building, fence, wall, sign or other structure shall be commenced, erected or maintained upon Condominium Property…nor shall any exterior addition to or change or alteration therein be made…” For the purpose of maintaining uniformity and for clarification the following rules are provided.

Rule 10 – Alteration or Change to the Common or Limited Common Elements
The Board of Directors must approve any alterations to the common area or limited common area. Alterations or changes include but are not limited to:
a. Satellite dishes. See Rule 23 for clarification on installation of satellite dishes.
b. Swing sets, play sets and/or basketball hoops. The erection of a swing set, play set, and/or basketball hoop is strictly prohibited on any lot, unit, or parcel. The placement by an owner of a swing set, play set, and/or basketball hoop in a common area will cause it to be removed at the owner’s expense and may result in the owner being fined in accordance with the fine policy contained herein.
c. Mulch beds, sidewalks and driveways.
d. Approved side and rear patio items are a table and chairs set and a covered grill.
e. Approved front porch items are wicker, rattan, Adirondack style wood, or iron furniture with frames and fabrics being earth toned (tan, beige, hunter green, cream, etc), not to exceed four (4) pieces. PLASTIC OR RESIN FURNITURE IS NOT PERMITTED.
f. Extra lighting is not permitted on patios, porches, or mulch beds.

Rule 11 – The Care and maintenance of mulch beds and plants/flowers.
All mulch beds will be maintained in a uniform appearance. No plants/flowers will be planted in the mulch beds without approval of the Board of Directors. Unit owners will submit an Architectural Improvement Application that will show the number and location of where plants/flowers are to be planted; and, will indicate the type of plant/flower to be planted.
a. In submitting Architectural Improvement Applications unit owners should consider the size, type, and color of plants/flowers which are currently in place.
b. All plants/flowers must be planted in the ground.
c. No potted plant will be left on the driveway.
d. Unit owners are authorized under this rule to place two pots or planters on the patio area.
e. Lawn Ornaments of any kind are not permitted in the yards, mulch beds or porches.
f. Installation of exterior landscaping lights is not permitted.

Rule 12 – The use of water equipment for yard maintenance.
Under article XVIII paragraph 18.05(d) Unit Owners have the responsibility to maintain, repair and replace, at the Unit Owner’s expense, all portions of the Common Elements that may be damaged or destroyed by reason of the willful or uninsured negligent act or neglect of the Unit Owner. Under this paragraph Unit Owner’s may conclude that they have some responsibility under normal conditions for the maintenance of the grassy elements or yard associated with their unit. If Unit Owners choose to water the grassy area or yard associated with their unit the following applies.
a. Hoses and sprinklers used for watering will not be left in the yard. Equipment left in the yard may present an impediment to yard mowing and trimming and must be put away when not in actual use.
b. All sprinklers (including spike models that are driven into the ground) and soaker hoses must put away after each use.
c. For ease of storage of hoses, Unit Owners may choose to store their hose on a water-hose caddy during the watering season, between May 1 and September 30, and may leave the caddy on the patio slab. Without a caddy Unit Owners may leave hoses on the slab as long as they are neatly coiled and when laid on the slab do not extend over the edges of the slab to impede normal yard maintenance.

Rule 13 – The storage of and placing of trash containers.
In addition to the above Articles and paragraphs, paragraphs 13.02 and 13.07 apply to rule 13, as they discuss trash and storage. It does not specify where trash containers should be stored. For the purpose of specifying where trash containers are stored and when they can be set out for collection the following is provided.
a. Trash containers will be stored in the garage and will be left out for trash collection no more than 24 hours.
b. Trash containers will be put out for collection no earlier than 6:00 p.m. the evening prior to collection day.
c. Trash containers must be returned to proper storage no later than 6:00 p.m. the day of collection.
d. Trash not in an approved trash container will not be left out over night. Trash not in an approved trash container, boxes, extra trash bags, other items to large for the container and authorized for normal pick-up, will be put out no earlier then 6:00 a.m. the day of collection.

Section II - Architectural Control, Exterior Surfaces, and Impairment of Structural Integrity of Building. In addition to the above referenced Article XIII 13.01 and 13.10, as well as Article XIX 19.01, Article XIII paragraph 13.03 specifies “Unit Owners shall not cause or permit anything to be hung or displayed on the outside walls or windows of a Unit without the prior consent of the Board.” Paragraph 13.06, “Nothing shall be done in any Unit, or in, on or to the Common Elements that will impair or pose a risk of impairing the structural integrity of any Building, or that would otherwise change the exterior appearance or configuration of any Building.”

Rule 20 – Architectural Control
The Board must approve any alteration to the common elements or limited common elements. This would include but is not limited to:
a. The planting or removing of any trees, scrubs, bushes, or flowers
b. The placement of satellite dishes,
c. The addition of screen doors, or any alteration.
d. Painting, removing, or changing the appearance of doors, windows, or patios.
In all circumstances in which a Unit Owner desires to alter the common elements in any manner the Unit Owner must conform to these Rules and Regulations and the Declaration. In all cases the unit owner will submit an Architectural Improvement Application and will have it approved before beginning any proposed alteration, this applies even though these Rules and Regulations indicate specifications to which owners may make alterations.

Rule 21 – Installation of Storm Doors.
Unit Owners may install a storm door on the front door to conform to the following specifications.
a. The storm door will be white, hunter green, or dark bronze in color and will be a full-view storm door.
b. The frame of the door will be 4 inches wide on all four sides and have polished brass or simulated polish brass fixtures.
c. The glass portion of the door will be clear not tinted or etched glass.
d. Unit Owners intending to place a storm door in accordance with this rule must submit to the Board and have an approved Architectural Improvement Application before any storm door can be put in place.
e. If a storm door has been put in place for which no approved Architectural Improvement Application exist the Unit Owner must comply with this rule. If the storm door meets the requirements of this rule an Architectural Improvement Application may be submitted. If the storm door does not meet the requirements of this rule the Unit Owner must remove such storm door and submit an Architectural Improvement Application for any replacement.

Rule 22 – Exterior Roof/Walls and exterior structures
Nothing may be affixed to the roofs, exterior walls or structure. Unit Owners are strictly prohibited from making any alterations of the building structure to include but not limited to:
a. Siding,
b. Gutters,
c. Awnings,
d. Roofs,
e. Windows,
f. Trim,
g. Porch railings.
The installation of any exterior structure is strictly prohibited. A structure can be defined as a fence, doghouse, shed, yard barn, etc.

Rule 23 – Satellite Dishes
In accordance with FCC regulation, satellite dishes may not be prohibited. However, strict guidelines for their use and placement may be implemented. As stipulated in
Article XIII paragraph 13.03, and the following guidelines are implemented in regards to the installation of Satellite Dishes.
a. Satellite Dishes may never be affixed to the building in any way. This includes the roof, exterior walls, and/or railings, or trim.
b. All Dishes must be attached to a pole that has been put into the ground. The pole, when placed in the ground, must not be more than four-feet in height from the ground to the top of pole. Satellite Dishes must be placed in very specific areas.
c. Satellite Dishes shall be placed so that they are within one foot of the unit. Should the situation arise where the unit owner isn’t able to get reception from their side of the building, a dish may be installed on the opposite side of the building and a wire can be run under the siding to the owner’s receiver.
d. Though this rule authorizes the installation of Satellite Dishes all Unit Owners desiring to install a dish must submit an Architectural Improvement Application with a detailed drawing of the placement of the dish. Before submitting an application Unit Owners are encouraged to check with the dish provider before purchasing a satellite dish system to ensure placement in accordance with this rule allows for proper reception.
e. If a satellite provider has evaluated placement in accordance with this rule and a signal cannot be received, the unit owner should contact a Board Member and other options may be explored. Rule 24 – Display of the American Flag. Public Law prohibits the establishment of any declaration, bylaw, rule, regulation, or agreement that prohibits the displaying of the flag of the United States on or within limited common elements or on the immediate adjacent exterior of the building in which the unit of the unit owner is located. However in order to ensure the placement of the flagpole does not cause nor has the potential to cause damage to the common or limited common elements the Board can identify how the flagpole is to be installed. All Unit Owners desiring to display the American Flag must submit an Architectural Improvement Application with a detailed drawing of the placement of the pole and how it is to be installed.

Section 3 - Rules and Regulations that pertain to areas of concern that are related to the governance of the Condominium Property and other miscellaneous concerns.

Rule 30 – Animals, Article XIII, paragraph 13.04.Unit Owners will ensure that they maintain control of any animal to include:
a. When outside, the animal must be on a leash at the hands of a responsible person at all times.
b. Tying out or letting any animal run loose is strictly prohibited.
c. Animal owners are responsible for picking up after their pet.
d. Excessive barking will be considered a nuisance and will be treated as such. If any owner cannot control the animal, they will be fined.
e. Failure to follow the restrictions of this rule may result in the owner being fined and loosing the privilege of having the animal.

Rule 31 – Pest Control
All pest control costs are the responsibility of the unit owner. The only exception to this rule is wood boring insects or termites.

Rule 32 – Nuisances, Article XIII, paragraph 13.05.
No noxious or offensive activity shall be carried on in any Unit, or upon the Common Elements, nor shall either be used in any way or for any purpose that may endanger the health or unreasonably disturb any Unit Owner.
Any type of nuisance is strictly prohibited and the offender is subject to a Penalty Assessment as outlined in

Rule 34 contained herein. Examples of a nuisance include but are not limited to:
a. A barking dog or dog left unattended or tied out,
b. Failure by an owner to properly pick up after a pet,
c. Loud music (in a vehicle or home),
d. Speeding vehicles,
e. A cluttered or unkempt, yard, mulch bed, or patio,
f. Failure to properly store trash receptacles or dispose of garbage,

Rule 33 – Assessments and Late Fees.
All monthly assessments are due on the first of every month. If assessments are not received by the 10th of the month, a 10% late fee is automatically added to the Unit Owners account. Late fees will not be waived on any late payment.
In accordance with the Declaration of Condominium, the Board has the right to file a lien once a payment is 10 days late. If a lien is filed, the owner is responsible for all legal fees incurred for the filing and/or the release of lien, which may total $500. All assessments, late fees and legal fees must be paid in full before a lien will be released.

Rule 34 – Penalty Assessments. Article XII paragraph 12.02 allows for the establishment of Penalty Assessments for violations of the Rules and Regulations. For that purpose the following establishes the Lexington Village Penalty Policy.
For violations of the Rules and Regulations the Board of Directors and/or the Homeowners Association can assess fines using following sequence of actions.
a. 1st Mild Warning Letter advising owner to comply within 30 days.
b. 2nd Strict Warning Letter with notice that next letter would include a penalty assessment.
c. 3rd Penalty Assessment in amount of $50.00 with 30 days in which to pay.
d. 4th Penalty Assessment in amount of $100.00 with 10 days in which to pay.
e. 5th Court Action.

Rule 35- Pool Rules

1. Pool Hours are 10 AM- 9 PM.

2. No alcoholic beverages or glass containers are permitted at the pool.

3. No pets are permitted at the pool or tied out on the pool Lot.

4. Children under the age of 14 must be accompanied by an adult at least 18 years of age.

5. Guests are limited to two (2) at any given time. Guests must always be accompanied by the homeowner.

6. Proper attire is required. No cut-offs or long pants are permitted.

7. No running, diving, or horseplay is permitted.

8. Please be conscientious and respectful of those around you.

*Additional rules are posted in the pool house area.

Rule 36- Exercise Facility Rules
1. No one under the age of eighteen (18) is permitted to use the facility without an adult present.

2. The exercise facility is primarily for RESIDENT USE ONLY. House guests are permitted to use the facility on a limited basis.

3. No food is permitted in the facility.

4. Plastic drink containers and/or water bottles only are allowed.

5. Proper exercise attire and shoes must be worn when using the equipment. No swimsuits, jeans, belts, etc. may be worn on the machines.

6. Use of the facility is 24 hours.

7. Use of the facility is AT YOUR OWN RISK. The Association is not responsible for injuries incurred while using the equipment.

8. No pets are permitted in the facility.

9. One (1) key card per household is provided. Replacement cards are $25 a piece. Please contact Towne Properties at 222-2550.

10. Radios are prohibited in consideration to all users. Headphones, iPods, and MP3 players are permissible.

11. Please replace all equipment to its proper place after use.

12. Mistreatment of the equipment or violation of the rules could result in a loss of privileges to the facility.

Rule 37- Clubhouse Rental

The clubhouse belongs to the Lexington Village Condominium Owners Association. Private functions must be hosted by a member/resident of the association for an event held by that member. The member/resident must be present for the entire rental period.

The exercise room and pool are never included with the clubhouse rental.

No homeowner can reserve the clubhouse for private use more than 2 times a year.

The premises must be cleaned at the conclusion of the rental period.

Smoking is not allowed in any part of the clubhouse.
No animals are allowed in the clubhouse.

Member/resident reserving the clubhouse is responsible for the behavior of his/her guests.

For parties involving persons under 21 years of age, adult chaperones are required

No parking on the grass around the clubhouse

Food may be served, but not prepared in the clubhouse.

Serving alcoholic beverages to minors is prohibited

The member reserving the clubhouse will be held responsible for any
damage that occurs while the key is in their possession.

The clubhouse will be available for rental on holidays through a lottery system. Anyone interested in using the facility on a holiday needs to contact Towne Properties and the lottery will be held 30 days prior to the event.

Rental fee is $100. Deposit is $500, fully refundable.

To reserve the clubhouse, please contact Towne Properties at 222-2550.

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