REVISED AND RESTATED

RULES AND REGULATIONS

OF

SHUMWAY CONDOMINIUM

Preamble

The following are the Rules and Regulations for Shumway Condominium adopted, revised, codified and restated as of the 15 day of January 2007 by the Board of Directors of Shumway Condominium Owners Association pursuant to the authority granted to the Board in Article 10 of the Declaration of Shumway.

We are living in close association with our fellow residents and common courtesy dictates that our actions not infringe on the rights of other residents. These Rules are designed to ensure that each of us achieves the maximum enjoyment of our homes. Each member of the community, whether owner, tenant or guest, must abide by the standards of the community and comply strictly with the Declaration, Bylaws and these Rules to promote the harmony and cooperative purposes of the community. Each owner is fully responsible for the compliance of their family members, guests, tenants and other occupants of the owner's unit while they are within the Shumway boundaries. The Board has the authority to make prudent exceptions to these rules from time to time.

1. Definitions

1.1 As used in these Rules, "Governing Documents" means the Declaration, the Bylaws and the Rules of the Association adopted as provided in the Declaration and Bylaws, as these documents may be lawfully amended and/or adopted from time to time.

As used in these Rules, "occupant" means anyone who occupies a unit as a permanent residence or who stays overnight in any unit more than fourteen (14) days in any calendar month or more than sixty (60) days per calendar year.

As used in these Rules, "related party" means a person who has been certified in a written document filed by a unit owner with the Association to be the parent, parent‑in‑law, sibling, sibling‑in‑law, parent's sibling, or lineal descendant of the owner or the lineal descendant of any of the foregoing persons, the officer, director or employee of any owner which is a corporation, or the partner or employee of any owner which is a partnership.

As used in these Rules, "renting" or "leasing" a unit means the granting of a right to use or occupy a unit, for a specified term or indefinite term (with rent reserved on a periodic basis), in exchange for the payment of rent (that is, money, property or other goods or services of value); but does not mean and include joint ownership of a unit by means of joint tenancy, tenancy-in-common or other forms of co-ownership.

As used in these Rules, "tenant" means and includes a tenant, lessee, renter or other non‑owner occupant of a unit that is not occupied by its owner. For the purposes of the Rules, the term tenant shall not include a related party.

Further rules are contained in the Declaration. Nothing contained herein is intended to conflict with the Rules contained in the Declaration. In the event of a conflict, the Declaration shall prevail.

2. Applicability of Rules

2.1 Owners are responsible for the conduct of all members of their family or household and for the conduct of their tenants and guests. Each Unit Owner and tenant is jointly and individually financially responsible for any damage done to condominium property of other owners by all the members of their family or household, their tenants and their guests.

2.2 All lessees and tenants are subject to the Rules, Declaration and Bylaws of this Association. Rental or Lease Agreements must include the following statement: Rental or lease of this condominium is subject to all Rules, Declaration and Bylaws of the Shumway. Failure to comply with the Association Rules, Declaration or Bylaws shall be considered a violation of the terms of this agreement.

2.3 A signed copy of the lease or rental agreement must be filed with the Association prior to any tenant or lessee moving into a unit.

3. Rules Enforcement

3.1 The Board of Directors has the authority to enforce the rules, and has delegated this authority to the Property Manager. Please notify the Property Manager or in an emergency a Board member, of any rules violations or questions. All enforcement actions shall be consistent with the bylaws as amended which are incorporated herein this reference.

3.2 The Board has classified the Rules violations into three levels with corresponding monetary fines for each level. In the following publication of the Rules and Regulations, violations are preceded with a "1", "2" or "3" to indicate the level of violation.

Level 1 (minor)

1st offense = Warning to the owner and occupant 2nd offense = $50.00

Subsequent offense = $75.00

Level 2 (medium)

1st offense = Warning to the owner and occupant 2nd offense = $75.00

Subsequent offense = $100.00

Level 3 (serious)

1st offense ‑ Warning to the owner and occupant 2nd offense = $100.00

Subsequent offense = $150.00

3.3 In case of ongoing and/or willful noncompliance with a formal violation notice, the Board may elect to assess separate violation fines for each day or week of continued violation, as the Board deems appropriate for the violation. See amended By Laws Article 9 which is herein incorporated by reference if resident desires to proceed in the hearing process.

3.4 Penalties assessed against a unit resident and/or unit owner shall be collectable as delinquent assessments, under Article 12 of the DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS FOR SHUMWAY, A CONDOMINIUM (Declaration)

4. Special Fees

4.1 Move-In Fee: A non-refundable fee of $500.00 will be charged to the unit each and every time a new owner, occupant, or tenant moves into a unit. This move-in fee is an assessment against the unit and will be collected at escrow from a new owner, or paid by the unit owner at the time a new occupant moves in.

4.2 Resale Certificate: A Fee of $150.00 will be payable by the owner to the Property Manager before the re-sale certificate is prepared. If Board meeting minutes are required there is an additional $25.00 fee.

4.3 Realtor’s Sign Fee: A sign fee of $30.00 shall be paid by the owner to the Home Owners Association when a listing sign and/or brochure are displayed by the Agent.

5. Common / Limited Common Element Rules

5.1 In order to preserve the uniform exterior appearance of the buildings, and the common element visible to the public, the Board of Directors has the sole authority to provide for the painting and other decorative finish of the buildings, decks, patios, rails or other common element or other limited common element and to prescribe the type and color of such decorative finishes. The common and limited common elements shall not be reconstructed, rebuilt, altered, removed or replaced except by the Association acting through the Board of Directors. The Board’s power extends to the screens, doors, awnings, rails, antennas or other visible portions of each unit and building.

5.2 Exterior shades are specifically prohibited, unless approved prior to installation by the Board of Directors.

(Violation Level 3 Subject to Removal)

5.3 No owner or occupant shall install wiring for electrical or telephone installation, television antennae, machines or air conditioning units, plumbing, etc. on the exterior of the buildings or which protrude through the walls or roof of the buildings except as authorized by the Board, in writing, prior to any work being done.
(Violation Level 3 with repair bill to owner)

5.4 Owners are prohibited from hanging decorative items from any common or limited common elements doors and walls.

(Violation Level 1 Subject to Removal)

Temporary seasonal decorations are allowed in limited common elements, provided they are appropriate for the season and only displayed during the traditional season being celebrated. In no instance shall attachment methods penetrate or adhere to any walls, floors decks, etc. The Board reserves the right to determine what is appropriate and the display duration.

5.5 Owner’s may place free – standing furniture and art objects in their exterior common elements entry hallway, provided it does not obstruct any normal hallway access, is scaled to the size of area available, and the Unit Owner receives the approval of all other Owners residing on the same hallway extension.

5.6 Any planters placed on decks by residents or owners must be maintained by them. No planters or pots shall be allowed to be attached to railings, or placed directly on the ledges of decks, or directly (use frogs, stands or spaces which allow air under the pots) on the rubberized surface of decks and patios. Empty planters must be removed from view at all times

(Violation Level 3)

5.7 Patio furniture and barbeque covers should be Consistent with existing exterior colors.

(Violation Level 1)

5.8 No bed sheets, blankets, etc. shall be used for window coverings. All window coverings shall be on the interior of the unit. Exterior shades, tents, blinds, or awnings are specifically prohibited, unless approved prior to installation by the Board of Directors.

(Violation Level 2)

5.9 Temporary deck umbrella’s must be safely secured to prevent a flying hazard.

5.10 No Unit Owner shall display, hang, store or use any clothing, sheets, blankets, laundry, or other articles which in the sole determination of the Board are unsightly or inappropriate on his or her patio or deck or outside the Unit.

(Violation Level 2)

5.11 Hallways/entryways should be kept as clean as possible by residents to reduce the cost of cleaning.

5.12 Objects, including throw rugs, are not to be cleaned, hung or shaken out over patio edges or in entrance ways.

(Violation Level 1)

5.13 Owners may not accumulate garbage, waste, paper, boxes or large or unattractive items, including without limitation furniture, tires, refrigerators, freezers, garbagecans, cleaning materials, large plastic bags, etc. in any common or limited common elements such as decks, patios, lanais, or entry ways.
(Violation Level 1)

5.15 Any damage or freezing of interior water lines due to unprotected hose bibs or hoses left connected during the winter are the sole responsibility of the owner

6. Sale Signs

6.1 No “For Sale” signs will be allowed in the individual units or elsewhere on the condominium property including the entrances to Shumway, except a single sign at each entrance stating “Condominium for Sale. Contact your Broker.” Such sign will be furnished by the Association and its design and use will be determined by the Board of Directors.

(Violation Level 1)

6.2 “Open House” signs may be temporarily placed at the property entrance if removed after each open house. Persons viewing such open houses must park on the public right of way adjacent to Shumway; provided, however that if such person is disabled and unable to walk the distance from the public right of way to the open house, transportation may be provided for such persons by the realtor or the selling owner.

6.3 No garage sales or other public solicitations are permitted on the condominium property.

7. Household Content Moving and Construction work

7.1 Each Owner is responsible for the full coordination and planning of all major and household contents moving or remodel work. The Property Manager shall be consulted when trucks and ramps are to be accommodated.

7.2 Construction and remodeling activities shall be carried on in the Condominium only between 8:00 a.m. and 5:00 p.m. on weekdays, excluding holidays, unless prior approval for performing such work on weekends shall have been granted by the Board. Prior to commencement to the work fill out Architectural Review Form and submit for approval. See appendix 1

7.3 No owner, or contractor shall overload the electric wiring in the Building, or operate any machines, appliances, accessories or equipment in any manner which, in the judgment of the Property Manager, causes an unreasonable disturbance to others, or connect any machines, appliances, accessories or equipment to the heating or air conditioning, or to the plumbing or electrical system which might overburden the facilities therefor or affect any other unit or the common elements. Any permits required from the City of Kirkland must be obtained and a copy must be given to the Property Manager before work commences.

(Violation Subject to cost that might accrue while power might be out)

7.4 Elevator protective pads shall be used when transporting furniture, appliances, carpets, construction materials, or other bulky items in the elevators. Unit owners and residents are responsible for contacting the Property Manager at least three working days before a project or move begins and at the end or the project or move.
(Violation Level 2)

8. Trash

8.1 Trash pick up is provided each week. Utilize the recycling containers and chutes provided. Do not put refuse, garbage or trash on the floor of the recycling or trash container areas nor in any other common elements. The trash areas must be kept as clean and as sanitary as possible. Please refer to the sticker on top of recycle bins for any changes of the recycling process.

8.2 Do not dump liquid of any kind or amount down the chutes. Dispose of liquids properly first. Liquids in the chutes and bins cause odors, and are extremely costly to clean.

(Violation Level 2)

8.3 All garbage must be put in plastic bags and securely tied before disposing in dumpster.

(Violation Level 1)

8.4 Boxes put in recycle bins are to be flattened and, based on Kirkland recycle requirements, are not to exceed 24 by 24 inches. Owners should take large boxes such as those used for moving, appliances, audio-visual equipment, etc. There is one at 117^th and 60^th in Kirkland.

(Violation Level 1)

8.5 No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate in any portion of the common elements or limited common elements except in appropriate containers and locations provided for the collection of same.

8.6 Christmas trees, hazardous material and excessive trash or extra‑large items ‑ e.g. mattresses, carpeting, etc. are not to be put in dumpsters. They will not be picked up and must be taken to an appropriate off-site disposition site by the unit resident. Violation of this rule will result in excess charges billed to the unit homeowner.

8.7 Common elements littering is a violation. Do not throw cigarette butts, wrappers or other articles on the grounds. Place these items in proper receptacles. Clean up any spillage or breakage for which you are responsible.

(Violation Level 3)

9. Insurance

9.1 Residents are required to purchase condominium homeowner's policy to protect personal property of the resident and any damage to the building for which the resident is responsible. Refer to the Amended Declaration for Liability and Insurance policy information. (Note: In 2011 the Master HOA policy included a $100,000 deductible, which owners will need to cover in the event of a claim. Please contact the Property Manager to discuss insurance expectations more fully.)

9.2 No Unit Owner or occupant shall permit anything to be done or kept in the units or in the common or limited common elements which will increase the insurance premiums thereon or result in the cancellation of such insurance on any unit or any part of the common or limited common elements, without the consent of the Board of Directors. Fire codes restrict the storage of any items in the common hallways. There shall be no Storage of gasoline or other combustibles on the premises. This is restricted by insurance underwriters and fire codes.

(Violation Level 3)

10. Noise and Offensive Activities

10.1 The spaces between lower and upper units and common walls between units and common spaces have minimal sound insulation. Avoid creating any noise, odors or disturbance which would unreasonably annoy other owners or occupants at any time. Keep stereos, appliances, phones on decks, TVs, musical instruments, heavy walking and voices, etc. at a low enough level so that others around you will not be disturbed. Do not slam cabinet doors/and or drawers.
(Violation Level 1)

10.2 Quiet hours are from 10:00 p.m. to 8:00 a.m. seven days a week. Do not operate washing machines, clothes dryers, dishwashers, garbage disposals and vacuum cleaners during these hours. Take extra care to keep any noise level down during this period. If Owners wish to have gatherings after these hours, the event timing must be cleared with all affected neighbors.

(Violation Level 1)

10.3 There is to be no loud or boisterous conduct in the common areas or limited common elements including center court.

(Violation Level 2)

11. Storing Items in Garages

11.1 Carts that are either collapsible or free standing should not exceed 36” X 2’ X 2’ for homeowners/tenants to use to carry items to and from their units. They can be stored either in the homeowners unit or in front of their parking stalls.

(Violation Level 1)

11.2 Kayaks can be stored on the walls within the perimeters of the homeowners parking stalls. Please contact the Property Manager for proper guidance for installation.

(Violation Level 3)

11.3 Anything else that is stored in the garages without prior approval will be required to be removed.

(Violation Level 1)

12. Vehicles and Parking

12.1 Careful driving must be used when driving on Shumway property.

12.2 Excessive vehicle noise from damaged mufflers, etc., is not allowed. Honking of horns within Shumway is prohibited except to warn of imminent danger. When starting your vehicle and leaving, make your exit as quietly (no engine "revving" or long warm‑ups) and as quickly as possible. Turn your car stereo down while on the Shumway property. No vehicle shall be left running for more than 2‑3 minutes to prevent exhaust build‑up around buildings and in garage areas and to keep noise levels down. Vehicles shall not be left running unattended.

(Violation Level 1)

12.3 No motor rebuilds, body work or major vehicle repairs shall be done on the property. Only very minor adjustments of vehicles are to take place on the Condominium property. No work that can produce spillage of any kind on the asphalt or concrete ‑ e.g. oil, grease, anti‑freeze or radiator water is allowed. Oil changes are not to be done on the Condominium property.
(Violation Level 1)

12.4 No vehicles will be allowed to drip oil or gasoline on the garages or parking areas. Clean up will be at owner’s expense.

(Violation Level 1)

12.5 No vehicle shall be parked in a manner that obstructs another vehicle or takes up more than one parking space other then their own.

(Violation Level 1)

12.6 Keep your vehicle locked at all times, and do not keep valuables in your vehicle. The garage security fences do not prevent determined thieves and thefts have occurred in the garages.

(Violation Level 1)

12.7 Vehicles must be parked in designated parking spaces only. Those parked outside designated parking spaces will be towed at owner's expense. Parking by residents is restricted to the garage, and only in assigned parking spaces, except by special Board permission. Residents may not park in driveways or in guest parking areas, except Residents may park in a guest spot for a reasonable time (maximum 30 minutes) to load or unload or to run up to their unit(s) to retrieve something. No parking at any time in the fire lanes.
(Violation Level 1 and can exceed to towing of vehicle)

12.8 Loaning or renting a parking space shall only be to other residents of Shumway and does not require permission of the board.

12.9 Parking spaces are restricted to use for parking of operative motor vehicles; other types of vehicles, equipment or other items may be parked or kept therein only if permitted by the Association subject to the rules and regulations of the Association. The Board of Directors may require removal by the owner of any improperly parked vehicle, inoperative or unsightly vehicle or pieces of equipment that occupies that parking space.

(Violation Level 1)

12.10 Extension cords in the garage are a safety and fire hazard and are not allowed for anything other than short term use.

13. Residents Parking Violation Enforcement

13.1 Any vehicle parked which violates the provisions of these rules is subject to being towed at the owner's risk and expense. Vehicles which present an immediate danger to life or safety or which are parked in a fire lane or other marked "No Parking Area" or in another resident's designated space, or which are obstructing traffic or another parked vehicle or parking space are subject to being towed without notice.

13.2 In all other cases the Property Manager shall post on the windshield of the vehicle a Notice of Violation. Repeated violation or failure to remedy a continuing violation for a period of seven days will result in the vehicle being towed at the homeowner’s expense without further notice. If the offending vehicle's owner can be identified from vehicle registration records or is otherwise known, a copy of the Notice of Violation shall also be delivered to the owner's unit.

14. Guest and Employee Parking

NOTE: A “Guest” is a non-resident, visiting a resident for a short period of time.

14.1 No guest parking is permitted in the spaces provided for guests for longer than 7 days in any 30 day period, except under special circumstances, where a special parking permit from the property manager will be required for longer than 7 days and must be displayed on the dashboard of the car.

(Violation Level 1)

NOTE: A “Guest Employee” is a non-resident working for a resident.

14.2 Guest employees shall not park in guest parking stalls, for more then 7 days in a 30 day period.

(Violation Level 1)

15. Pets

15.1 Well behaved, suitable domestic household pets, including dogs, cats and birds are permitted on the Condominium property. Each unit may maintain no more than two domestic household pets. Each pet must be properly licensed as required by applicable law. No livestock, reptiles, poultry, rabbits or other animals whatsoever, shall be allowed or kept in any part of the condominium. No animal may be bred or used therein for any commercial purpose.

(Violation Level 1 and can be Subject to Removal)

15.2 Pet owners are responsible for their pets. If any resident keeps a dog or cat in his or her unit, he or she must take all care required to ensure that the pet does not disturb other residents. Unit Owners and any other persons keeping a pet are jointly and individually responsible for any damage which their pets may do to common areas and facilities or to the property of another owner or occupant. Damage done by a pet to the property of another resident is a matter strictly between the pet owner and the person whose property is damaged.

15.3 Pets shall not be allowed on any common elements or limited common elements allocated for the use of more than one unit, unless they are on a leash or are being carried to or from a unit to a public walk, street, or a designated pet relief area.

15.4 Pets may not be left unattended, tied outside a unit, on patios, decks or any other part of the common elements.

(Violation Level 1)

15.5 Pets should be taken off property to relieve themselves. As an alternative, a homeowner may take their pet to the designated pet relief areas. These areas are located (see attached map). However, it is required that the first choice would be to take the pet off the property. All pet debris, such as feces, must be immediately picked up after deposit, tightly bagged in plastic, and disposed of properly.
(Violation level 1) (See appendix 2 for map designating pet areas)

15.6 Pets are to be fed inside the resident’s unit. If there is any possibility that any pet food or other remotely editable substance is kept in a storage area, that substance should be in a sealed and rodent-proof container.
(Violation Level 1)

15.7 The Board of Directors may require the removal of any animal which the Board in exercise of reasonable discretion finds to be unreasonably disturbing other Unit Owners. If the owner continues to violate rules concerning pets, the board may exercise this authority for specific animals even though other animals are permitted to remain.

15.8 Breeds of Dogs that are not permitted at the Shumway are: Any type or mix of pit bulls or Rottweilers.

(Subject to Automatic Removal)

16. Smoking

16.1 No person may carry or smoke any kind if lighted pipe, cigar, cigarette, tobacco, or any other lighted smoking apparatus, equipment or product (hereinafter referred to as “Smoking Apparatus”) in any of the Common Elements or Limited Common Elements at any time. No person may smoke or otherwise burn any Smoking Apparatus in any Unit in a manner which causes smoke to be a nuisance or annoyance to any other resident of the Condominium.

(Violation level 1)

17. Notices Re Ownership and Emergency Contacts

17.1 All Unit owners shall be registered with the Property Manager. Property Manager shall provide a form which calls for the name, telephone numbers, and correct street address of the owner of the unit, the unit number and names and telephone numbers of all local emergency contacts.

18. Safety, Security and Access

Emergency Access to Owner Units

18.1 In order to facilitate the handling of emergencies (e.g. fire, water, water leaks, clogged plumbing, debilitating personal injuries within units, or other incidents where there is a risk of personal injury or property damage) owners are encouraged to arrange for access to their units in their absence with neighbors, nearby relatives or friends, and/or the property manager.  Failure to provide such access may necessitate calling the fire or police department to break down the unit door in the event of an emergency at the expense of the owner.

Extended Absence

18.2 Each resident is responsible for making arrangements for the care and maintenance of his/her unit during periods of extended absence from his/her unit. Arrangements should include a walk-through of the unit at least every 10 days to look forsigns of water or gas leakage, adequate heating, dry toilets which could allow sewer gasses into the unit, and any other potential problems.

18.4 Residents are encouraged to notify the Property Manager of any period of extended absence from the property.

19. Access Control

19.1 The site access FOB’s are individually programmed into the access control system and provide a record of each entry, should this information be needed.

Residents should notify the Property Manager immediately if a FOB or door key is lost or stole. Stolen FOBs can be locked – out of the access system and rendered useless.

19.2 Residents should not let persons not known to you onto the Shumway complex or into any building thereof. All doors and gates must be securely closed after entry or exit.

19.3 For convenience, should an Owner get locked out of his/her own unit, the Owner may install a spare-key in the recycle./trash room. Contact the Property Manager for guidance.

CERTIFICATE OF ADOPTION

The undersigned president and secretary of Shumway Condominium Owners Association certify that the foregoing Rules were duly adopted by the Board of Directors in accordance with the procedures provided in Section of the Declaration at a meeting of the Board duly held on the day of and shall be effective on the day of .

DATED this day of .

SHUMWAY CONDOMINIUM OWNERS ASSOCIATION

By:

President

ATTEST: The above amendment

was properly adopted.

By:

Secretary