RULES AND REGULATIONS

ARCHITECTURAL DESIGN AND REVIEWAny and all exterior changes to be made to the property including ALL painting, must first be submitted on the architectural design and review form and returned to the managing agent for approval or denial. If any changes are made without requests, the Eagle Creek Homeowners Association board of directors has the right to request the changes made be returned to the original state and have the right to seek monetary, legal, and administrative costs associated with this action.

COMMON ELEMENTS1. There shall be no operation of any vehicles upon the Common Elements, other than authorized

maintenance vehicles. This includes but is not limited to motor bikes, dirt bikes, motor scooters, snowmobiles, four-wheelers, ATV’s, go-carts, mopeds, etc. (see Vehicles #11).

2. Personal property, such as toys, tools, furniture, etc. may not be left unattended but must be stored when not in use. Agents of Eagle Creek Homeowners Association may remove property left unattended.

FENCESFencing – Declaration 3.1.19

1. The Declarant or Association may construct certain entryways, fences, fence pillars or walls on or within the property.

2. No Owner shall modify, repair, replace, paint or otherwise obstruct any such entryways, fence, fence pillars or walls without the prior written approval of the Board of Directors.

3. Except that owners may install fencing consistent with those types shown on Exhibit “C” without further approval.

4. Wood fencing along the split rail fencing must be a minimum of (12”) twelve inches from the split rail fencing. The smooth side of the fencing must be on the outside. The area between the wood fencing and the split rail fencing must be maintained by the owner of the property.

HOLIDAY DECORATIONS1. Holiday decorations are allowed no more than (30) thirty days prior to the holiday and must be removed

no later than (30) thirty days after the holiday.

LANDSCAPING – WEEDSLandscaping – Declaration 3.1.24

1. Each owner shall at all times maintain any landscaping installed on its Lot.2. Additionally, each owner, other than the Declarant and Developer, shall install landscaping in the rear

yard of its Unit within (1) one year of purchasing such Unit.a. Xeriscaping is permitted in the front yard with architectural design approval.

3. Lawns are to be maintained on a regular basis with regards to mowing, watering and weeding. This includes the front, back, and side yards.

4. Owners of corner lots are to maintain the area that extend from the fences to the sidewalk and keep them free from weeds and debris, this includes keeping rock beds free of weeds.

5. Garden hoses and all other lawn equipment should not be visible unless in use. Garden hoses may be stored in a hose caddie when not in use.

REVISED 09/10/14 PAGE 1

NOISE – ODORS – NUISANCESNuisances – Declaration 3.1.9

1. No owner, owner’s family, guest, licensees, lessees, agents, or employees shall be permitted to act, or fail to act, in any manner that would be a violation of any nuisance statute, rule / regulation, or ordinance of any governmental entity.

2. In addition, no rubbish or debris of any kind shall be placed or permitted to accumulate upon any part of the property,

3. No odors shall be permitted to arise there from so as to render the property or any portion thereof unsanitary, unsightly, offensive, or detrimental to any other property or to its occupants.

4. No noise or other nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any other property or its occupants. Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices (other than security and emergency devices used exclusively for security and emergency purposes) shall be located, used or placed on any such property without the written approval of the Board.

5. No one subject to these Rules and Regulations shall make or permit loud noises or vibrations or play musical instruments, radio, stereos, and television, etc. in such manner as to disturb other residents of the Eagle Creek Community. These noises also include but are not limited to noise from tools and vehicles. Volumes on the previously mentioned items and their like shall be lowered between the hours of 10:00pm and 7:00am.

6. No noxious or offensive activity shall be carried on or upon any part of the Eagle Creek Community, which is, or may become an annoyance or nuisance or cause embarrassment, disturbance, or annoyance to others.

PETS – ANIMALSAnimals – Declaration 3.1.20

1. No animals, livestock, poultry or bees of any kind shall be raised, bred, kept or boarded in or on the property; provided, however, that the owner of each Unit may keep a reasonable number of dogs, cats, fish or other domestic animals which are bona fide household pets, as defined by controlling local ordinances and regulations, so long as such pet(s) is / are (i) not kept for any commercial purposes; (ii) kept under control at all times; and (iii) not kept in such number or in such manner as to constitute a nuisance.

2. All pets will be kept clean, quiet, and controlled. Dogs, cats, and other pets shall be kept on a leash and shall be accompanied by its owner when on common area.

3. Pets are not allowed to roam freely within the community.4. Each pet owner, when accompanied by their pet in a common area, shall carry a device (pooper

scooper), which is used to pick up pet excrement and a container for its disposal in a sanitary manner. If you allow your pets to defile your neighbor’s common area, it is your responsibility to CLEAN IT UP!!

5. No pets may be tied / tethered to any stationary devices in the common areas at any time for any reason.6. Owners are responsible for any property damage, injury or disturbances caused by their animals.7. Animals shall not be permitted to bark, howl, or make other loud noises for such a time as to disturb

others. Contact city ordinance.

STRUCTURES – SHEDS – PLAY EQUIPMENTNo Temporary Structures – Declaration 3.1.15

1. No tent or shack or other temporary building, improvement or structure shall be placed upon the property.

2. Plans for sheds or play sets must be submitted to the Board of Directors for approval, prior to any construction or placement of such. The plans must show a drawing indicating the dimensions, placement location, and materials being used.

REVISED 09/10/14 PAGE 2

3. Sheds must be constructed of the same material as the residence and be painted and roofed to match the residence.a. Sheds and Play Sets MUST comply with city ordinance.

4. Basketball Hoopsa. Portable basketball hoops are allowed. Hoops, when not in use, must be stored next to or in front of

the garage.b. Permanent hoops attached to homes or on poles are not allowed.

TRASHUnsightly Articles – Declaration 3.1.4

1. No unsightly article shall be permitted to remain on any Unit or any other portion of the property if it is visible from adjoining property or public thoroughfares.

2. Without limiting the generality of the foregoing, trailers, mobile homes, recreation vehicles, graders trucks (other than pickups), boats, tractors, campers, wagons, buses, sleighs, motorcycles, motor scooters, mopeds, go-carts, snowmobiles, snow removal equipment and garden and maintenance equipment shall be kept at all times (except when in actual use) in an enclosed structure.

3. Furthermore, no repair or maintenance work shall be done on any of the foregoing, or on any automobile, other than emergency repairs except in an enclosed garage or other structure.

4. Refuse, garbage, and trash shall be kept at all times in a covered container and any such container shall be appropriately screened behind fencing or in an enclosed garage or structure.

5. No drying lines allowed.6. No lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials or scrap or refuse or trash

shall be kept, stored, or allowed to accumulate on any portion of the property except within an enclosed structure.

7. Liquid propane, gas, oil and other exterior tanks shall be kept within an enclosed structure.8. Barbeque smokers and barbeque grills must be stored out of street view when not in use.9. Trash containers must be covered and can only be places outside 24 hours before scheduled pick up.10. Trash containers other than pick up day must be stored out of sight of street side view per city ordinance.

COOLING DEVICES (window, A/C, swamp and evaporative coolers)1. One (1) window air conditioning unit OR One (1) swamp cooler is allowed.

a. Units must be in side or rear windows ONLY.b. Units shall not be visible from front street side. NO front installations.c. Window A/C units shall have fill in material (plywood, etc.), which matches house colors.d. All devices must be removed from NOVEMBER 1ST THROUGH APRIL 30TH yearly.

2. Rooftop or side mount (hole in side of home) evaporative coolers must be submitted to the Board of Directors for approval prior to installation.

3. All rooftop / side mount cooling units must be covered from NOVEMBER 1ST THROUGH APRIL 30TH

yearly with a CANVAS cover. NO plastic tarps / covers are allowed. The canvas cover must be secured in place in order to withstand the winter weather and wind.

4. It is the homeowner’s responsibility to maintain the physical appearance of all window, rooftop, and side mount units including, but not limited to, unit kept rust free, well painted to match existing house colors, and any continuous water leaks fixed immediately. Failure to do so will result in the HOA requiring that the homeowner repair, replace, or in severe circumstances, remove the cooling unit from their home.5. Any exterior “GREEN” energy saving devices must be submitted to the Board of Directors for approval prior to installation. This includes solar panels.

REVISED 09/10/14 PAGE 3

VEHICLESVehicles – Declaration 3.1.17

1. In addition to the provisions of Section 3.1.4 the use and storage of all vehicles including but not limited to, gliders, trucks, automobiles, graders, boats, tractors, pickups, mobile homes, trailers, buses, campers, all recreation vehicles, bicycles, motorcycles, wagons, sleights, snowmobiles, and go-carts, shall be subject to the Rules and Regulations.

2. No vehicle maintenance or repair is allowed outside of any garage area other than minor emergency repairs. Car washing is permitted.

3. NO commercial vehicles over ¾ tons allowed to be parked on property.4. Garage doors shall normally be closed except for entering and exiting. This is for aesthetic purposes as

well as the safety of residents and protection of children.5. Repairs of garage doors are the responsibility of the owner and must be accomplished within 14

(fourteen) days of any damage or need of repair.6. Derelict, abandoned or inoperable vehicles are not permitted except within enclosed garage spaces. Any

Board member or Managing Agent has the authority to notify the appropriate agency to have vehicles and or towed at the vehicle owner’s expense. (Vehicles are considered inoperable when they are not capable of moving under their own propulsion and are subject to ticketing and towing at the vehicle owner’s expense.)

7. Owners and visitors should use available driveway parking before street parking.8. Vehicles with expired license plates are subject to ticketing and towing at the vehicle owner’s expense.9. No dumping of oil, antifreeze, or debris from motor vehicles is permitted. In addition to fines levied, a

cleanup fee will be assessed to the offending Owner for him/herself, tenant or visitor for each incident.10. Vehicles leaking fluid of any type is prohibited. Owners in violation will be fined and may be assessed

charges incurred for the cleanup of any type of leak.11. There shall be NO operation of any vehicles upon the Common Area, other than authorized maintenance

vehicles. This includes but is not limited to motor bikes, dirt bikes, motor scooters, snowmobiles, four-wheelers, mopeds, go-carts, ATV’s etc. This includes walking path sidewalks and on the undeveloped lots or private property.

REVISED 09/10/14 PAGE 4

Date

Owners NameOwners AddressOwners Address

RE: NOTICE OF VIOLATION

Dear Resident,

It has been reported to the Association you are in violation of the Declaration / Rules and Regulations of the Eagle Creek Homeowners Association, Inc. (Section of Declaration / Rules and Regulations quoted here).

Violation stated herePlease correct this violation or cease activity immediately. If violation is in error please reply in writing no later than 10 (ten) business days from receipt of this notice with details regarding the violation. Mail or email your written response to Eagle Creek Homeowners Association Inc. c/o Ursini Property Management, P.O. Box 248, Commerce City, CO 80037-0248 or email: echoa-propertymgr@comcast.net. Please note; phone calls will NOT be accepted. You may request a hearing; requests for hearings must be in writing with 10 (ten) business days from receipt of this notice.

Pursuant to the established protocol for violation notice, you are hereby notified of the following:_____ 1st Violation – Warning – Correct by___________________________________ 2nd Violation - $50.00 Fine to be paid within 30 days._____ 3rd Violation - $100.00 Fine to be paid within 30 days._____ 4th & Subsequent Violations – Double Preceding Fine – to be paid within 30 days.ALL VIOLATIONS NOT PAID WITHIN 30 DAYS WILL BE SUBJECT TO $10.00 (TEN) DOLLAR – PER MONTH LATE FEES AND POSSIBLE LIEN.

Thanking you in advance for your prompt attention to the above matter.

Regards,

Ursini Property Management For Eagle Creek Homeowners Association, Board of Directors

REVISED 09/10/14

COMPLAINTSAll the complaints pertaining to an infraction of these Rules and Regulations shall be brought to the attention of the Board of Directors and shall be made in writing an shall be directed to the Association Board and mailed or emailed to the Managing Agent, address as follows:

Eagle Creek Homeowners Associationc/o Ursini Property Management

Attn: Terri UrsiniP.O. Box 248

Commerce City, CO 80037-0248Email: echoa-propertymgr@comcast.net

The complaint MUST contain the following information:1. The address and description of the violator, e.g. owner, child, renter, guest etc.2. Identification of rule believed violated.3. Date, time, and place of violation.4. Property damage caused by the violation, if any.5. Name, address, telephone number and relationship to the Association of the person making the

complaint.6. No complaint will be processed without identification of person filing complaint. Email is

accepted with name and address and telephone number clearly stated in the email.

FINE SCHEDULE1ST OCCURRENCE – WARNING2ND OCCURRENCE - $50.00 DUE WITHIN 30 DAYS OF RECEIPT3RD OCCURRENCE - $100.00 DUE WITHIN 30 DAYS OF RECEIPTSUBSEQUENT OCCURRENCES – DOUBLE PRECEDING FINES – DUE W/IN 30 DAYSALL VIOLATIONS NOT PAID WITHIN 30 DAYS WILL BE SUBJECT TO $10.00 (TEN) DOLLAR – PER MONTH LATE FEES AND POSSIBLE LIEN.

Service of all notices required or permitted to be given may be emailed or sent by mail, postage prepaid addressed in the name of the homeowner to the address on file with the Association or the Managing Agent.

Any fine in dispute must be explained in writing. You may request a hearing before the Board of Directors. If a hearing is requested, a hearing will be scheduled within 30 (thirty) days of the request.

REVISED 9/7/14