COVENANTS, RULES & GUIDELINES Summary

Please read the below -- this is a ‘general’ summary of more common issues. Copies of the Governing Documents including the Covenants, Conditions & Restrictions (CCR’s) are available for download on the Avalon website (avalonhoa.weebly.com) or by email request (avalon.hoa@aol.com). If there is a covenant/rule violation, a Member/Owner first receives a courtesy letter which will note the violation and remedies by the Association. Some (but not all) of the ‘more common’ covenant issues are:

• GENERAL APPEARANCE ITEMS - STREETVIEW: (see attached) Please carefully read the attached. For example, birdbaths/houses/feeders, statuary and folk-art type décor items -- such as the wood standing or hanging ‘Welcome, Gather or other’ similar signs/decor - are not permitted in streetview (including front porch and landscape bed areas).

• VEHICLE PARKING: Vehicles shall only be parked in garages or driveways serving the residences; there shall be no on-street parking (including cul-de-sacs) no parking on any part of the yard/lot (grassy or landscaped areas), any part of the sidewalks, no parking in the clubhouse/pool lot (other than as pool guest), common areas and shall be limited to the original established parking areas. For properties with only a parking pad, this would mean 2-vehicle maximum. The clubhouse parking lot is only for pool and clubhouse event parking, and unauthorized parking of any vehicles, boats, trailers, etc. is subject to immediate towing.

• GARBAGE CAN STORAGE – store completely out of streetview (within garage, fence, behind house) There is a 24-hour trash pick-up period. Pickup day is currently Tuesday morning (non-holiday). For a Tuesday morning pickup, cans may be placed out for curb pickup no earlier than 8 p.m. the night before pickup (Monday night) and must be brought in from the curb and stored out of streetview no later than 8 p.m., the day of pickup (Tuesday night). Garbage cans must always be stored completely out of streetview except during this 24-hour pickup period. Store can within fencing, in a garage or behind the house (not at the side of the house, behind chimney or a/c and still in streetview). Member must set up a trash-service account with Advanced Disposal - 205-640-7000.

• YARD MAINTENANCE: Yards/bushes/trees/landscape & tree beds are to be properly maintained, weeds removed, fresh mulch-type or natural pine straw or similar material refreshed as needed. If you have a fence, any lot area outside of your fence line (such as behind a back fence) but on your lot must be maintained by the lot owner. Your property survey will show your lot measurements and house footprint.

• MAILBOXES: Mailboxes and the posts should be kept in good repair, gloss black, address numbers both sides of the address plaque, etc. Mailboxes must be the current Avalon standard size and model/type, shape, metal, black with red flag.

• PETS: Per Covenants, household pets shall be confined to the Member Owner Lot and must be kept on a leash when permitted to be outside. No more than three (3) outside pets per dwelling shall be permitted. Dogs should not be left outside for long periods and allowed to bark/disturb the peace for other residents. Cats should not be allowed to run loose and damage other properties (scratching vehicles, etc.) Pet owners must pick up all pet waste and properly dispose in their own receptacles. Courtesy to all residents and their properties is the standard. There is also a City of Moody leash law.

• SATELLITE DISHES: Satellite dishes must be placed in minimal visual view of the street – ARC request needed.

• SAFETY: Observe speed limits, stop signs, watch for pedestrians / children playing, biking, etc. – be safe.

GENERAL APPEARANCE ITEMS IN STREETVIEW – Front porch/areas, side house

DÉCOR, YARD/HOUSE ART, STATUARY, POTS, ETC.: Remove unapproved streetview house/yard art, folk/craft items (including standing or hanging ‘welcome, gather’ or other type signs), statuary (including, not limited to wood, ceramic, metal, concrete, resin, figurines/objects), temporary planter pots, decorative pots without live plants. Remove empty hanging chains or hanging objects (windsocks, chimes, lanterns, feeders etc.). US flag may be bracket-mounted on house or porch column.

LANDSCAPE DÉCOR: Remove streetview empty garden/shepherd hooks, decorative sticks in front area/beds, bells, garden balls, metal/wood yard art etc.

SIGNAGE: Remove signage including but not limited to signs in yard, door, front porch, ‘message’ signs, window signs, and yard art/yard craft signage in front/porch area.

MISCELLANEOUS STUFF: Remove from streetview pails, bottles, cans, cups, coolers, sacks, storage tubs, pallets, plywood, lattice, landscape sacks, piled extra bricks and other building materials, lawn equipment, wheelbarrows, mowers, ladders, shelving, miscellaneous ‘stuff’ front porch/side of house, etc.

FIREWOOD, FIRE PITS, GRILLS, COOKING EQUIPMENT, ETC.: Use/store out of streetview (not side house/front porch, driveway, etc.).

GARBAGE CANS: Store completely out of streetview except on trash pickup day (store within fence, garage, or back of house.) Can screening must be approved by the HOA/ARC (approved fencing/shrubbery, etc.)

BIRD BATHS, BIRD HOUSES/ANIMAL FEEDERS, FOUNTAINS, WIND CHIMES, ETC.: Use/place out of streetview.

PLANTER POTS, POTS w/DEAD GRASS: Planters should be filled with live plants. Remove dead plants/grass, hanging baskets with dead plants, empty planter pots without live plants and temporary-type pots.

FURNITURE: Appropriate, approved outdoor furniture only. Remove from streetview indoor furniture, plastic-type furniture, shelving, temporary, metal, folding or sports chairs, temporary-type chairs/tables. Furniture shall not be placed in front/side yard, landscape/tree beds or grassy areas. Table/chair sets only in backyard.

RECREATIONAL SETS: Play/swing sets, play pools, trampolines, gym & recreational sets etc. should be positioned behind the house and in minimal streetview. Playhouses, sheds and above-ground pools require prior ARC approval before installation and must be placed within approved yard fencing.

RECREATIONAL EQUIPMENT: Bikes, scooters, skateboards, etc. - store out of streetview (not on front porch, house side, etc.). Motorcycles to be appropriately parked on parking pad, driveway, in garage or backyard behind the house. Dune buggies, carts, etc. - store out/streetview, and follow City laws when operating. Boats, trailers and vehicles are addressed also in Covenants and on separate guideline sheet.

BASKETBALL GOALS (including portable): Use/store only in back yard, non-streetview and for any time period.

WINDOWS STREETVIEW: Keep streetview window blinds straight and in good repair. Streetview draperies should be neutral and neutral backing (no hanging sheets, blankets, foil, or reflective material). Windows (attic or storage) above garages --please keep boxes & storage items out of street view.

HOLIDAY DÉCOR: Major holiday décor may be placed out 30 days before the holiday and removed within 15 days after the holiday. (Includes holiday lights, light strings, and any supporting hardware or clips.)

Thank you in advance for attention to these community rules/guidelines to help keep the street and community attractive, polished

and to promote rising resale values. Rules/Guidelines may be amended at any time and as decided by the Board of Directors.

GARBAGE CANS

Garbage cans MUST be stored out of complete streetview during non-pickup period. This means in the garage, within a fence or directly behind a house.

24-HOUR PICKUP PERIOD:

• Per Avalon Covenants p. 13(s), there is only a 24-hour trash can pick-up period.

• This means trash can(s) may be placed out at the curb no earlier than 8 pm the night before pickup and brought in from the curb and stored completely out of streetview by 8 pm the night of pickup day.

This means: For a Tuesday morning pickup – place can at curb no earlier than 8 pm Monday night, bring in from curb after pickup and store completely out of streetview by 8 pm Tuesday night.

TRASH CAN STORAGE:

• Per Avalon Covenants, during the non-pickup period, store trash can completely out of streetview.

This means: Store in the garage, within the fence, or behind the house completely out of streetview.

• Trash can(s) are not to be stored at the front or side of garage, front of fence, on the parking

pad/driveway, at the side/front of house etc. in streetview. Can storage at the side of house behind the

A/C compressor, chimney or behind a shrub, etc. and still visible from the street and adjacent lots is not

permitted. Fencing and/or landscape screening options for cans at the side of the house are permitted

if prior approved by the Architectural Review Committee (ARC). Please email the HOA Services Office at

hoa@tmirealestate.com for approved solutions and suggestions before installing screening.

VEHICLES & PARKING

VEHICLE PARKING: • Per Covenants, vehicles shall only be parked in the lot designated areas - garages or driveways.

• There shall be no on-street parking, parking on grassy or landscaped areas on any part of the lot. This also includes no-parking on the curb and sidewalks. No vehicles of any kind shall be parked on any yard or natural areas of a lot. This also includes motorcycles, sports vehicles, utility trailers (whether attached or unattached) and similar vehicles and attachments.

• Resident or guest parking on/in the common areas, and/or other property lots is prohibited.

• No un-kept, un-operational, un-maintained or otherwise unattractive vehicle or piece of equipment may be parked or stored on any road, street, driveway, yard, or lot or otherwise be visible from any street in the property, but may be kept only in garages.

• No noisy or smoky vehicles shall be operated in the subdivision. No vehicles repair other than washing and waxing or changing of a flat tire shall be made in the subdivision.

GARAGES: • Garages are intended for parking and storing vehicles and partly for storing items out of sight and from

the street/neighbor view. Garages cannot be converted to interior rooms, living spaces or areas nor primarily storage rooms or areas.

• Garage doors should remain closed from street/neighbor views except during active vehicle

ingress/egress, landscape maintenance use, and other active usage, etc. When not in active use, doors should remain closed for aesthetic and attractive visual street views.

TRAILERS, CAMPERS, COMMERCIAL VEHICLES, BOATS, ETC. • No trailers including utility trailers, campers, commercial vehicles, recreational vehicles, mobile homes,

trucks (other than standard size pick-up trucks/standard-size vans), boats, inoperable vehicles or similar equipment shall be permitted to remain upon any property in the subdivision. (Covenants, p. 13)

• No boat, boat trailer, house trailer, truck camper or similar equipment or vehicle shall be parked or

stored on any road, street, driveway, yard or lot located in the property or otherwise be visible from the street for any period in excess of 24 hours except in garages.

CLUBHOUSE/POOL PARKING LOT: • The clubhouse parking lot is only to be used for pool visits by pool guests during pool-open hours and

authorized clubhouse event parking. Resident, guest, vendor, resident-vendor, resident extra-vehicles and any other unauthorized vehicles are not permitted to be parked in the clubhouse parking lot. The Association reserves the right to promptly tow any unauthorized vehicles parked in the clubhouse parking lot and parked for any length of time. Towing signs are posted and are in effect.

Parking in non-designated parking areas will cause vehicle covenant enforcement. All homes owners and tenant residents should carefully consider their vehicle parking and storage needs when purchasing or

renting a home.

MAILBOX GUIDELINES

Avalon’s elegant mailboxes create the first and lasting impression of Avalon when one enters and drives through the neighborhood. If your mailbox and post has lost its gloss, is crooked, needs replacement or missing parts, please follow the below guidelines:

MAILBOX & POST REPAINT: Paint mailbox and post structure with black gloss rust-inhibiting paint including repainting the flag gloss red as needed; numbers should be complete on both sides of mail plaque and numbers should be same size/type on both sides. Place house numbers only on the address plaque. Mailboxes should remain free of decals, patterns, etc. MAILBOX REPLACEMENT: The mailbox should be the same style, material and size as the original neighborhood standard mailbox -- same size as original (small, not overlarge), metal material, black color, red flag. If mailboxes are not Avalon standard, they will need to be replaced. The mailbox can be ordered through Alabama Mailboxes (205-594-4413 or sales@alabamamailbox.com) or check with Lowe’s for a Postmaster classic standard-size box. MAILBOX STRUCTURE PARTS or OTHER REPAIR: The mailbox structure must include all parts as original – including curlicues and address plaque. For replacement of any parts, contact Alabama Mailboxes 205-594-4413 or sales@alabamamailbox.com. MAILBOX HOUSE NUMBERS: House numbers should be complete on both sides of the mail address plaque, and numbers should be same size/type on both sides. Place house numbers only on the address plaque. ITEMS ON MAILBOXES: Items including but not limited to decals, patterns, permanent decorations, names/numbers etc. should not be on the mailbox. Hanging planters with ‘live’ plants are allowed at this time. Symbolic bows may be permitted and should be removed within a reasonable period (2 weeks) after an event. Plantings around the mailbox structure must be kept pruned and with nothing sharp or invasive (rose thorns, etc.) All plantings, mulch, etc. must be maintained and weeds and dead grass must be removed from the mailbox area as with the property lot.

Yard, Shrubs, Landscape & Tree Beds

Please check your property and attend to the following as needed:

• YARDS, FRONT YARDS, BACK & SIDE YARDS: All lot area should be mowed, de-weeded, edged and maintained on a continuous basis. During normal growing season, this is usually once/week. This includes fenced, unfenced, mailbox and curb areas. Pre-emergence weed control should be applied.

• LANDSCAPE & TREE BEDS: Remove dead grass /weeds in the beds - apply mulch/natural material to beds as needed. Remove any yard art & statuary from beds & empty pots and/or pots with dead material. Straighten and repair hardscape edgings as needed. Beds should have natural material. Rocks may be used if approved (no white, bright white or other non-approved colors). If changing landscape/tree beds, contact the Architectural Review Committee for prior approval.

• SHRUBS (including tall shrubs): Please continuously keep topped and trimmed.

• PLANTER POTS (filled): Remove any dead grass/flowers from pots and fill with live plants; remove any empty planters and any hanging pots with dead plants. Remove plastic temporary planter pots from streetview.

• PLANTER POTS (empty): Remove any empty planter or planter type pots from streetview.

• CLIPPINGS: Do not blow clippings into the street, other yards or sidewalk area and properly bag for disposal.

• EQUIPMENT: Lawn equipment, wheelbarrows, mowers, landscape material sacks, etc. must be stored out of streetview when not in active use (not at the side of house, front porch, front area streetview, etc.). Hose reels, hose reel boxes, etc. should be placed in the least conspicuous area and minimally visible from the street.

• WALKWAYS: For landscape / tree bed stone and walkway treatments, step-stone walkways and other exterior changes and additions, please contact the Architectural Review Committee for approval and information.

RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT – AVALON AMENITIES

Avalon Residential Association, Inc. 4524 Southlake Parkway, Suite 16 Birmingham, AL 35244

(205) 540-6204

Avalon.hoa@aol.com

AMENITY KEYCARD ORDER FORM Must be submitted by Member Owner

KEYCARDS ARE MAILED TO THE AVALON PROPERTY – THEY ARE NOT AVAILABLE FOR PICKUP AT THE HOA OFFICE

• NAME PROPERTY OWNER (deeded owner)

• AVALON STREET ADDRESS: , Moody, AL 35004

• ABSENTEE OWNER ADDRESS: (if different):

• OWNER PHONE NUMBER:

• OWNER EMAIL:

• LAST NAMES OF ALL HOUSEHOLD

MEMBERS ALLOWED TO USE CARD:

DATE:

LEGIBLE SIGNATURE Member Owner / Representative

TO ORDER AMENITY KEYCARD:

1. FORM: Complete ALL of the above information and date/sign. Mail/email as shown above.

2. COST: $25 (subject to change).

3. LIMIT: (1) one keycard activated per property (including absentee owners) ALL other/prior keycards for property are deactivated and will not work.

4. PAYMENT: CHECK/MONEY ORDER (no cash) pay to: Avalon HOA Send payment & form to address shown above.

ONLINE ACH/Credit Card: Go to Avalonhoa.weebly.com (PAY FEES – option 3) Order form may be separately mailed or emailed.

5. KEYCARDS ARE MAILED ONCE BOTH PAYMENT & FORM ARE RECEIVED AT THE HOA OFFICE.

The Avalon member owner is responsible for all keycard usage, pool and clubhouse activity including any amenity damage or issues (whether accidental or otherwise) caused by owner, household members, his/her tenant/resident, guests, etc. This is regardless of which party pays for the device. Device/keycard will be mailed to Avalon property address unless noted on this form by a verified party. Additional property ownership evidence may be required to verify Avalon ownership for keycard purchase and activation (copy of deed, HUD statement, closing document, tax record, etc.). The Property Account must be in good standing (assessments and all other account charges paid or current with a Board-authorized payment plan) with the Association to have access to the pool and clubhouse. Clubhouse access is granted if it is rented for private event. Homeowner and his/her residents, tenants, etc. agree to adhere to pool and clubhouse rules and supervise their guests with the same requirement. The Association may revoke the privilege of using the Avalon pool and clubhouse from any member, resident and his/or her family or guests for violation of the rules. By using the pool and clubhouse facilities and/or allowing tenant/residents and guests to use the pool and clubhouse facilities, a property owner member acknowledges and accepts the responsibilities for owner, household members, tenant/residents and guests as outlined in the Pool/Clubhouse Rules.

RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT – AVALON AMENITIES NOTE: Both owner or POA representative AND tenant must sign separate waivers

IN CONSIDERATION of being permitted to participate in any way in events and activities of AVALON RESIDENTIAL ASSOCIATION, INC. (“Association”) and/or being permitted to enter for any purpose the swimming pool or other Association facilities (the “Facilities”), THE UNDERSIGNED, individually and on behalf of each personal representative, heir, next of kin, minor child, ward, guest, and principal of the Undersigned (individually and collectively, the “UNDERSIGNED”), acknowledges, agrees and represents that the Undersigned:

1. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Association, any other person on the Facilities, any owner or lessee of premises of the Facilities, and each of their officers, directors, shareholders, members, managers, employees, officials, agents, volunteers, guests, other participants, sponsors, advertisers, successors, assigns, heirs, next of kin and personal representatives (all herein referred to as “RELEASEES”) from any and all liability to the Undersigned for any and all loss, damage or expense, and any claim, demand or suit therefor on account of injury to the person or property of, or resulting in the death of, the Undersigned, whether caused by the negligence of Releasees or otherwise, arising from or in connection with presence of the Undersigned in or upon the Facilities, or observation or participation by the Undersigned in swimming, pool sports, or other activities, including, but not limited to any such claims related to or arising from exposure to COVID-19 or any other pathogen;

2. HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS, REIMBURSE, AND DEFEND each of the Releasees from any loss, liability, damage, cost or expense any Releasee may incur, whether caused by the negligence of Releasees or otherwise, arising from or in connection with presence of the Undersigned in or upon the Facilities, or observation or participation by the Undersigned in swimming, pool sports, or other activities, including, but not limited to any such claims related to or arising from exposure to COVID-19 or any other pathogen;

3. HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, whether caused by the negligence of Releasees or otherwise, arising from or in connection with presence of the Undersigned in or upon the Facilities, or observation or participation by the Undersigned in swimming, pool sports, or other activities, including, but not limited to any such claims related to or arising from exposure to COVID-19 or any other pathogen.

4. HEREBY SIGNS THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT INDIVIDUALLY AND IN THE UNDERSIGNED’S REPRESENTATIVE CAPACITY ON BEHALF OF EACH MINOR CHILD, WARD, GUEST AND PRINCIPAL OF THE UNDERSIGNED, agrees that this Agreement is binding on the Undersigned’s minor child, ward, guest and principal, agrees to perform and discharge the obligations of the Undersigned’s minor child, ward, guest and principal under this Agreement, and gives permission and consent for the Undersigned’s minor child, ward, guest and principal to be present in or upon the Facilities and to observe and participate in swimming, pool sports, or other activities.

5. HEREBY AGREES THAT THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT SHALL BE CONTINUING AND THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT HAVE BEEN MADE; and

6. HAS READ, UNDERSTOOD AND HEREBY AGREES TO ABIDE BY ALL RULES OF THE ASSOCIATION, INCLUDING, BUT NOT LIMITED TO, RULES GOVERNING USE OF THE POOL AND OTHER FACILITIES, FROM TIME TO TIME.

THE UNDERSIGNED UNDERSTANDS THE INHERENT RISKS AND DANGERS INVOLVED IN SWIMMING, POOL SPORTS AND ANY OTHER POOL-RELATED ACTIVITIES, AND PUBLIC GATHERINGS RELATED TO SUCH, AND ANY OTHER USE OF ASSOCIATION FACILITIES, AND HAS READ, UNDERSTOOD AND VOLUNTARILY SIGNS THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT.

WAIVER MUST BE SIGNED BY EVERY ADULT (AGE 19 AND OVER) WHO WISHES TO USE THE POOL. WAIVER MUST BE RECEIVED AT THE HOA SERVICES OFFICE BEFORE POOL PRIVILEGES ARE GRANTED AND POOL

ACCESS KEYCARD IS ACTIVATED.

AVALON PROPERTY ADDRESS: Moody, AL 35004

CONTACT EMAIL & PHONE: /

SIGNATURE: PRINT NAME: DATE:

SIGNATURE: PRINT NAME: DATE:

SIGNATURE: PRINT NAME: DATE: SIGNATURE: PRINT NAME: DATE:

PRINT NAME(S) OF MINOR, WARD OR GUEST (if applicable):

.

Send: Avalon Residential Association, Inc. ⚫ 4524 Southlake Parkway, Ste 16 ⚫ Birmingham, AL 35244 OR

hoa@tmirealestate.com

AVALON RESIDENTIAL ASSOCIATION POOL RULES

NO LIFEGUARDS – USE THE POOL & FACILITIES AT OWN RISK

1. No lifeguards are present. Use the pool and facilities at your own risk.

2. A valid pool keycard/fob is required to enter and use the pool. All Residents must sign in with pool monitor.

3. All guests must be accompanied by an Avalon member at all times. Members must be in good standing with the

Association to use the pool and clubhouse.

4. The pool guest limit is 6 maximum per household, including member residents, guests, and children (including infants).

5. Proper swimming apparel is required. All children not potty trained must wear swim diapers.

6. Unauthorized use of the pool after hours will constitute trespassing, and violators will be prosecuted.

7. The pool is for private use for Avalon Residents; no commercial swim lessons or other commercial activities are

allowed.

8. Children must be accompanied at all times by a responsible person; this person and parent(s) will be held responsible

for the behavior and safety of the child.

9. No Alcohol; No Glass; No Smoking, including vaping/E-cigarettes. Guests will be asked to leave the premises.

10. Only service animals are allowed in the pool area.

11. No diving or flipping into the pool. No running, pushing, rough housing, throwing, horseplay or foul language is

permitted.

12. NO BALLS allowed in pool or pool area & NO THROWING of any object in or into the pool. This means balls and objects

of any type, material, size.

13. No chewing gum in the pool area. No food or drinks in or near the pool.

14. No oversize floats, float boats, water guns, sharp objects or similar hard water toys are allowed in the pool or area.

15. No skateboards, skates, bikes, tricycles or other wheeled devices are allowed in the pool area (exception – baby

stroller).

16. The pool, pool tables, and chairs cannot be reserved. Guests must dispose of their trash before leaving the grounds.

17. Headphones must be used on all audible electronic devices.

18. There is no “Lost and Found.” Any items found will be thrown away.

19. In the event of lightning or thunder, pool guests must immediately clear the pool and immediate area.

20. If present, the Pool Monitor has the authority to enforce these rules and regulations. A Pool Monitor, however, is

not a lifeguard and provisions of Item 1 above remain intact even when a Pool Monitor is present.

21. The Association reserves the right to close the entire pool area at any time for acts of vandalism or unsanitary

conditions. Anyone committing an act of vandalism or defecation in the pool will be responsible for all related

expenses. The Association reserves the right to revise the rules from time to time as circumstances warrant. The

Association has the authority to enforce these rules and may revoke the privilege of using the pool from any

member and his/or her family from the Avalon Pool for violating these rules. Members and their guests must behave

in a manner that is respectful of others. Failure to comply with the rules will result in suspension of pool privileges. If

any of the provisions of the Pool Rules are violated by any Member or Member’s guest, said Member will be

accountable for any and all damage that may result and will be responsible for any legal fees incurred.

By utilizing the pool facilities and/or allowing guests to utilize the pool facilities, a member acknowledges and

accepts this responsibility. As a member of the Avalon Residential Association, you can enforce the rules.

The Board of Directors has the authority to make, amend and adjust rules at any time. 5/28/19

Addendum – Pool COVID & Other Pathogens: The guest limit is 6 persons per household – this includes household members, children, infants, any guests. There is a place on the waiver that was mailed to list guests. Common sense must prevail during this continuing crisis – no one should visit who is sick, feeling unwell, particularly vulnerable, and personal responsibility prevails. The Association does NOT GUARANTEE that pool facilities and premises are free of contamination, including COVID-19 and other pathogens. Use facilities at own risk, including no lifeguards on duty.

Social Distancing Guidelines By entering the pool area, you are agreeing to below:

1. The danger of exposure to the coronavirus that causes COVID-19 exists.

2. By entering the pool, pool deck, bathrooms, and overall pool area, you take responsibility for your own

protection and for disinfecting your hands and anything you touch in the pool area.

3. Stay home if you are sick or do not feel well. Do not use the pool if you have a cough, fever, or other

symptoms of illness.

4. Use social distancing and maintain at least six feet distance between individuals in all areas of the

facility/pool (except your own family members).

5. Cover coughs and sneezes with a tissue, then throw the tissue in the trash.

6. Wash hands often with soap and water for at least 20 seconds, especially after going to the bathroom,

before eating, and after blowing your nose, coughing, or sneezing.

7. Use hand sanitizer that contains at least 60% alcohol if soap and water are not available.

8. Avoid touching eyes, nose, and mouth with unwashed hands.

9. CDC guidelines currently recommend wearing a face covering in public settings.

We also request that the restroom area only be used by one household at a time. Your Avalon Board of

Directors

POOL GATE ACCESS

Thank you in advance for adhering to these guidelines and helping to preserve the integrity of the Avalon Pool.

All members must enter the pool with their own registered property keycard.

Do not let in other guests not with your party and of any age – even if you know them, even if they are your neighbor, even if they say they’ve lost their card, even if their hands are full, even if, etc. (Emergency / 911 exempted.) There is a sign inside the pool gates. Keycards are deactivated for specific reasons, and if a keycard has malfunctioned or is damaged, it is up to the member to contact the HOA for purchase replacement. (205-540-6204 or hoa@tmirealestate.com) Letting in non-authorized persons or persons into the pool and not in your party may result in the suspension of pool privileges and keycard access. If guests come to the gate and say they are with a member already inside the gate, that member should be the party to come and receive his/her guest. Your opening the gate for that party makes you responsible for them. Once inside the gate, do not open the gate for other guests not in your party, and do not let in other guests as you are leaving the pool. If guests should ask you to open the gate so they can enter, please instruct them they must use their own card or simply ignore the request. Do not allow guests not in your party to ‘tail-gate’ in after you as you are entering. If other guests are approaching the gate for entry as you are starting to leave the pool, allow them to first use their keycard to enter before you leave through the gate. When you do leave, please make sure the gate has closed firmly behind you. Children already inside the pool gates especially seem to enjoy punching open the green button to open the gate. Please do not allow your children to do this or you become responsible for these new guests. Do not climb on the gate or fence.

REMINDER: If you let in others not in your party – they are now your guests and your responsibility/liability, including any damages that may be caused by these guests. It also may cause your pool keycard to be deactivated and pool privileges suspended. Please let

the pool access system do its work!

Avalon Residential Association, Inc. COVENANT & RULES ENFORCEMENT POLICY

WHEREAS the Declaration of Protective Covenants for Avalon (the “Covenants”), the Articles of Incorporation, and the Bylaws of Avalon Residential Association Inc. (the “Bylaws”) (collectively, the “governing documents”) provide for the management of the affairs of the Avalon Residential Association Inc. (the “Association”) a nonprofit corporation formed under the laws of the State of Alabama, and WHEREAS, the governing documents provide for the Board of Directors the right to enforce said Declaration, Bylaws and rules and regulations of the Association, AND WHEREAS, it is the intent of the Board to maintain an attractive, harmonious community in which residents and guests enjoy the use of the community, grounds and facilities; NOW THEREFORE BE IT RESOLVED THAT the following the Covenant & Rules Enforcement Policy and procedures will be implemented to address covenant violations and rules enforcement:

1. FINE SCHEDULE: The Association will send non-compliance notices (which may include letters, notices or invoices) to Avalon Homeowners whose homes and/or property are in a condition that violates the Covenants and rules/guidelines. If corrective action is not taken as outlined in the violation letter, or if subsequent violation letter(s) are sent to the homeowner relating to the same violation, the following fines will be instituted (subsequent notices may be invoices):

First notice of non-compliance: $0 (Courtesy notice) Second notice of non-compliance: $25 Third notice of non-compliance: $50 & matter sent to Association attorney

The schedule will be applied to notices sent for a violation during a 12-mo. period unless otherwise prescribed by the Board. Beyond this time frame, further corrective action will be taken pursuant to the authority as authorized in the governing documents. For emergency, untypical/irregular, recurrent, and/or unresolved compliance and rules issues, a minimum fine of $25/per day may be charged until correction and as directed by the Board. The Board reserves the right to accelerate the fine schedule process.

2. HOMEOWNER’S TENANT-RESIDENTS: Avalon Homeowners are directly responsible for their Avalon properties and are also responsible for their guests and tenant-residents/guests. Upon receipt of a covenant violation letter and/or other notification of a violation or rules infraction from the Association, Homeowner and/or homeowner property manager must immediately contact the tenant-resident to correct any violations caused by the actions or inactions of the tenant-resident noted and direct the tenant-resident to immediately and continuously comply with Avalon covenants and rules. Otherwise, the Homeowner shall correct the covenant violations brought to his or her attention within the time period set forth by the Association. Avalon Homeowner shall be responsible for payment of any fines imposed by the Association and shall also be responsible for all legal fees incurred by the Association in its effort to bring the Avalon properties into compliance with the governing documents.

3. DISPUTE OF VIOLATION or RULES: Upon receipt of a covenant violation letter, Homeowner may dispute a violation notice in writing as instructed in the covenant violation letter. Homeowner will be offered the opportunity to request a dispute resolution meeting with the Board of Directors or representatives appointed by the Board of Directors to resolve the dispute. Homeowners are reminded that the purpose of a dispute letter or meeting is to provide an opportunity for them to show why the violation, rules or procedures do not apply to them or why no violation has taken place. The Board or Board-appointed representatives will then determine if a violation has taken place and/or if a modification to the rules or procedures is appropriate in the specific case. The Board and/or Board-appointed representatives will notify the Homeowner of its findings in writing. The Board and/or Board-appointed representatives will also determine whether the imposition of a fine is appropriate and, if it is, shall assess a fine against the Homeowner for the violation. Should Homeowner fail to request a meeting within 7 business days of the third letter and/or fail to attend a scheduled meeting, the matter will be immediately turned over to the Association attorney without further notice to Homeowner. Additionally, the Board may waive all, or any portion of, the fines if, in its sole discretion, such waiver is appropriate under the circumstances.

4. AMENITY PRIVILEGES: The Association may, in its discretion, suspend pool and clubhouse privileges of all Homeowners who: (a) have not paid their annual assessments or plan payments ; (b) have not paid fines imposed by the Board or Board-appointed representative; (c) have failed to correct covenant violation(s) after being provided with written notice of such violation(s); and/or (d) have violated clubhouse or pool rules or guidelines.

The Avalon Board of Directors reserves the right to revise, amend, alter, and/or change the policy and violation fine schedule from time to time, as required, to encourage covenant compliance and preserve the architectural and aesthetic appearance of the community.

ARCHITECTURAL REVIEW COMMITTEE (ARC) Member Owner Request Form for Exterior Changes - Avalon

Prior approval from the ARC must be obtained before exterior changes are made or construction started, or these exterior changes may need to be restored or returned to original at Member/Owner expense. Covenant fines & legal fees may be charged if changes are started prior to obtaining ARC approval.

STEPS TO SUBMIT PROPOSED CHANGES – MEMBER/OWNER: 1. Review Covenants or website www.avalonhoa.weebly.com / ARC. 2. Email/contact management for questions or specifications on proposed change. 3. Contact City Public Works office (205-640-0310) for any required building & fence licenses, permits,

etc. 4. Member / Owner - fill out this form; see page 2 for additional specifications needed. 5. Submit to ARC by mail or email as shown below.

• Email: hoa@tmirealestate.com or avalon.hoa@aol.com

• Mail: Avalon Residential Assoc., 4524 Southlake Parkway, #16, Birmingham, AL 35244

• Phone: (205) 540-6204 6. Please allow one to two weeks for processing depending on exterior change. Providing complete

information as requested on forms will result in a quicker ARC review. DATE SUBMITTED: TYPE OF CHANGE BEING SUBMITTED: OWNER NAME (only owner may submit): AVALON STREET ADDRESS: OWNER MAILING ADDRESS (Absentee:) OWNER TELEPHONE: EMAIL:

INCLUDE THE FOLLOWING WITH ARC REQUEST (see also page 2 for more information): EXTERIOR COLORS AND MATERIALS: Include color chart or samples with manufacturer name and number. FENCE: Include copy of survey with fence drawn in dark line; indicate gates, materials, height, style, etc. LANDSCAPING: Include copy of survey, landscaping plans to scale with type and size of plants/trees. BUILDING ADDITIONS, including porches, patio covers, etc.: Include copy of survey, building plans to scale, elevations, dimensions and materials list. OTHER items: (see page 2, color, type, style, placement, etc.)

*SPECIFICATIONS & ADDITIONAL INFORMATION: (attach additional pages if needed) THE SCOPE OF REVIEW BY THE COMMITTEE IS LIMITED TO APPEARANCE ONLY AND DOES NOT INCLUDE ANY RESPONSIBILITY OF AUTHORITY TO REVIEW FOR STRUCTURAL SOUNDNESS, COMPLIANCE WITH BUILDING CODES OR STANDARDS OR ANY OTHER SIMILAR OR DISSIMILAR FACTORS. ANY/ALL APPROVAL OF ABOVE REFERENCED PLANS, WHICH HAVE BEEN APPROVED BY THE ARC, SHALL TERMINATE AND BE RENDERED VOID IF CONSTRUCTION IS NOT BEGUN WITHIN SIX (6) MONTHS AFTER THE DATE OF ARC APPROVAL.

What is required for ARC Submissions & Reviews Contact Management / Visit the Avalon website for additional information: avalonhoa.weebly.com

Contact City of Moody Public Works for licenses, permits, etc. and if roof line or setback will be affected.

House Additions: Two (2) copies of building plans, to scale, site plan, elevations, and landscaping plan and survey is required. Exterior materials color chart of any/all supplies that are to be used. This includes brick, mortar, paint, stone, roofing, etc.

Sunrooms, Screened Porch, Patio Covers, Pergolas, etc.: Copy of survey or accurate aerial image with proposed porch indicated; with dimensions, materials, colors, windows/doors if any, how roof will tie into home, back and side elevations. (Must not extend beyond house side or into setbacks.)

Roof Replacement: Specifications and request (roof must be the same style, brand and color as original (Certainteed / Weathered Wood)).

Garage Doors: Must be the same style and hardware as original. Contact management and visit website for additional information.

Door or Window Installation/Replacement: Picture or specs with location, dimensions, materials, and color of trim.

Paint, Stain, & Siding requests: Sample with manufacturer name / color number are required. Specify what is to be painted/stained. Ex: trim, shutters, etc. Siding must be the same as original in type, style, color (unless otherwise prior approved by the ARC).

Fences: Copy of survey or aerial image/sketch with proposed fence indicated in a dark or dotted line, indicate gates, height, style and materials. ‘General Fence Guidelines’ download is available on the Avalon website.

Decks: Copy of survey or accurate aerial image or sketch with proposed deck indicated: with dimensions, materials, colors, how roof will tie into home (if covered deck), back and side elevations. Deck may not extend beyond sides of the house.

Patios, Concrete Extensions, Driveway Borders/Edgings, etc. Copy of survey or accurate aerial image with proposed patio or extensions indicated with dimensions, thickness of concrete, any change in size and how it will be finished. Patios and/or extensions must not extend beyond sides of the house (front or back yard) unless prior approved by the ARC.

Landscaping, Landscape Borders & Walkways: Include copy of survey or aerial image/sketch indicating area/areas to be planted. Describe existing landscaping or any existing condition that pertains to proposed work and give specifications of landscaping plans to scale with the changes, type of plants/trees to be used and size of plant/tree.

Retaining walls: Copy of survey to scale with all indicated in a dark or bold line. Include details (type of materials, colors, dimensions, etc.).

Removal and/or Replacement of Trees: Copy of the survey or aerial image/sketch showing location of tree(s) to be removed, reason for removal and description of any replacement tree. Any tree beds or prior tree areas not being used for replacement tree must have stump ground down, lot leveled and area replaced with sod within 30 days of tree removal.

Play sets, swings, trampolines, pergolas, awnings, play houses, storage buildings: Copy of survey or aerial image/sketch with the proposed location indicated. Include all details such as materials, dimensions, styles, colors and if property is fenced. Picture (or emailed picture) of item is preferred.

Above-ground swimming or other type pools, ponds, (if allowed per Covenants): Copy of survey or aerial image/sketch with pool or aerial image/sketch indicated along with dimensions, any special features, pool location, equipment, existing/proposed fence. Any pools or other water attractions must be within fence.

Lighting, Lawn or Home Ornaments, any changes to the house or property: Picture with details, dimensions, colors, location, etc.

Satellite Dishes: Include location of dish (should be out of view of street or with minimal visual view of street), and letter from installer (if seen from road).

Other changes/Items not listed above: Contact the management company for additional information.