Specific Requirements and Prohibitions Pursuant to the Public Offering Statement

In order to preserve the character of the Community as a residential community and for the protection of the value of the Homes, Developed declares that the Property shall be subject to the following restrictions and covenants, all of which shall be perpetual in nature and run with the land:

1. Intentionally Omitted

2. Use

   No Home or Lot, except those owned by Developer or a Builder or the Association and/or used by Developer or a Builder for sales, administration, construction, maintenance or similar purposes, shall be used for any purpose other than as a private residence. Further, the Common Property shall not be utilized for any residential or commercial purpose not expressly permitted by this Declaration.

3. Obstruction

   There shall be no obstruction of access to any common Property.

4. Building

   No Home Owner or occupant shall build, plant, or maintain any matter or thing (including, without limitation, any addition, alteration or improvement to any Home) upon, in, or under the Property without the prior written consent of the Architectural Committee except that a Home Owner may plant flowers, trees, shrubbery, and gardens within the area immediately adjacent to his home. Any such plantings installed by the Owner shall be maintained by such Owner and shall not be the obligation or responsibility of the Association. This restriction shall not be applicable to construction by Developer or a Builder.

5. Exterior Appearance

   Owners shall not have any right to change the appearance of any portion of the exterior of any home (including, without limitation, any change to the exterior color scheme) without the prior written approval of the Architectural Committee.

6. Maintenance

   Except as provided for in Sections 6.6 and 7.71 herein regarding Class B Member (Duplex) Lot Maintenance, each Owner shall promptly furnish, perform and be responsible for, at his own expense, the repair, maintenance, and replacement of his own Home. However, the Association, its agents and employees may effect, at its sole discretion, emergency or other necessary repairs which the Owner has failed to perform and charge the cost of same to the Owner(s) involved.

7. Insurance

   Nothing shall be done or kept in any home, which will increase the rates of insurance beyond the rates applicable for Homes, without the prior written consent of the Community Board. No Owner shall permit anything to be done or kept in his Home or in or upon the Common Property which will result in the cancellation of insurance on any of the Common Property or contents thereof, or which will be in violation of any law.

8. Display

   No clothes, sheets, blankets, laundry of any kind or any other articles shall be hung out or exposed on any part or the Property nor shall anything be hung, painted or displayed on the outside of the windows or placed on the outside walls or outside surfaced of doors of any of the Homes and no sings, awnings, canopies, shutters, satellite dishes, earth stations, or antennas (except those heretofore or hereinafter installed by Developer or a Builder) shall be affixed or placed upon the exterior walls or roofs of any part thereof, nor relocated or extended, without the prior written consent of the Architectural Committee. Television or radio antennas are not permitted under any circumstances; provided, however, that until cable television is available to the Property, a Home Owner may install a rooftop television antenna to be removed forthwith once cable television is available to that Home. Homeowners shall allow a cable communications company to wire a Home ad Lot. The display or use of items visible in the interior of any Home from the exterior thereof shall be subject to he Rules and Regulations. Despite the foregoing, Developer and any Builder shall have the right to display signs for promotional, sales, exhibit, and administrative purposes upon any portion of the Common Property or within any Home owned by it until the last Home within the Property is sold and conveyed. Owners shall not cause or permit any signs to be displayed on the Property advertising the sale or lease of their Homes. Signs for any other purpose are prohibited except as may otherwise be provided by the Rules and Regulations. The Developer or the Association Board shall have the right to immediately cause the removal of a sign violating this provision and obtain, in addition to any penalties which might otherwise be imposed by the Association, all costs incurred by such removal.

9. Animals

   No dogs, cats, birds, reptiles, rabbits, horses, livestock, fowl or poultry, or animals of any kind shall be raised, bred or kept in any Home or upon the Common Property, except as provided herein. No more than two (2) dogs or cats in the aggregate shall be permitted in any home. In no event shall outdoor shelters, pens or runs be permitted. All Owners and their guests, invitees, agents and other who allow or permit their pets and/or animals in their chare to defecate upon the grounds of the Property shall immediately thereafter remove from the grounds any and all excrement left by the pet and dispose of it as soon as possible in a sanitary fashion. All Owners, guests, invitees and other shall accompany the pet in their charge al all times, shall keep the pet on a lease when it is not on the Owners Lot, and shall carry with them at such times devices necessary to remove the pet excrement, which removal shall be done immediately.

10. Nuisance and Exterior Loud Speakers

    No noxious, hazardous or offensive activities shall be carried on in or upon the Property or in any Home nor shall anything be done therein ether willfully or negligently which may be or become an annoyance or nuisance to the other residents or which interferes with the peaceful possession and proper use of the Property by the other Owners. All valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction over the Property shall be observed. No exterior speakers other than those contained in portable radios, tape players, CD players or televisions, shall be permitted on the Property.

11. Structural Changes

    Nothing shall be done to any home which will impair the structural integrity of any home or which will structurally change a Home. No Owner (other than Developer or any Builder) may make any structural additions, alterations, or improvements in or to his Home without the prior written approval of the Architectural Committee or impair any easement without the prior written consent of the Landscape Committee subject to the right of appeal to the Association Board and provided in the by-laws. Nothing herein shall be construed to prohibit reasonable adaptation of any home for handicap use or accessibility.

12. Commercial Vehicles

    No commercial vehicles may park overnight and no boats, trailers, campers, mobile homes or trucks may be parked on any part of the Property except: (i) in areas that may be specifically designated for such purpose by the Association; and (ii) for those vehicles temporarily on the Property for purposes of servicing the Property itself or one of the Homes. This restriction shall not apply to Developer or any Builder, their employees, agents, contractors or servants.

13. Waste

    No portion of the Property shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. Any contractor, repairman or other person retained by a homeowner to perform work on any Home or Common Property shall clean up all rubbish at the conclusion of each workday. Trash, garbage, or other waste shall be kept in sanitary containers as approved by the Association Board on the Owners Lot for weekly or more frequent collection.

14. Digging

    There shall be no digging or earth removal or regarding operations of any nature whatsoever on any Property without first obtaining permission from the Township and the Landscape Committee. This section is intended as a protection against inadvertent disruption of underground services, inadvertent disruption of drainage systems, and creation of a nuisance to adjoining Owners. This provision shall not apply to the planting of trees and shrubs on the Lots.

15. Draperies

    Draperies, blinds, curtains or other window coverings must be installed and maintained by each Home Owner on all windows of his/her Home

16. Utilities

    Each homeowner shall pay for his/her own telephone, cable television services, water, sewer, gas, and other utilities, which are separately metered or billed, to each user by the respective utility or cable Communications Company. All electrical, gas, telephone and television service and other utility facilities shall be underground and no poles or above ground wire shall be permitted.

17. Rental

    No Home shall be rented by the Owner(s) thereof (except an Institutional Lender in possession of such Home following a default in a first mortgage, a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, or any Home owner by Developer or any Builder or) or otherwise be utilized for transient or hotel purposes, which shall be defined as (i) rental for any period less than 180 days; or (ii) any rental if the occupants of the Home are provide customary hotel services, such as room service for food and beverages, maid service, furnishing laundry and linen, and bellboy service, provided, however, that any Owner including Developer or an Builder may rent a Home for a period of less than 180 days to a contract purchaser, but not event for transient or motel purposes. No Owner may lease less than an entire home. Copies of all leases must be furnished to the Association prior to the commencement of the term thereof. Other than the foregoing obligations, the Owners s shall have the right to lease Homes provided that the Lease is in writing and is made subject to all provisions of the Governing Documents, including the right of amendment reserved to Developer and Builder there in and provided further that any failure of the lessee to fully comply with the terms and conditions of the Governing Documents shall constitute a default under the Lease. No leasing shall, however, relieve an Owner for his obligations hereunder and he shall remain primarily responsible therefore. In the event a tenant of a Home fails to comply with the provisions of the Governing documents then, in addition to all other remedies which it may have, the Association shall notify the Owner of such violation(s) and demand that the same be remedied through the Owner’s efforts within thirty (30) days after such notice. If such violation(s) is not remedied within said thirty (30) day period then the Owner shall immediately thereafter, at his own cost and expense, institute and diligently prosecute an eviction action against his tenant on account of such violation(s). Such action shall not be compromised or settled without the prior written consent of the Association. In the event the Owner fails to fulfill the obligation, then the Board shall have the right, but not the duty, to institute and prosecute such action as attorney-in-fact for the Owner and at the Owner’s sole cost and expense, including all legal fees incurred. Said costs and expenses shall be due and payable upon demand by the Association and shall be deemed to constitute a lien on the particular Home involved, and collection thereof may be enforced by the Community Board in the same meaner as the Community Board is entitled to enforce collection of Association Dues.

18. Provision Applicable to the Housing Homes

    The Affordable Housing Duplex Homes, which may ultimately be comprised of a total of sixty-four (64) residential dwellings in the Community, will be initially be comprised entirely of residential dwellings known a Affordable Duplex Homes or Units which are subject to this Declaration as well as an Affordable Housing Plan which is recorded as a separate and independent Instrument. The Affordable Duplex Homes subject to this Declaration are identified in Exhibit D of the POS.

19. Snow Removal

    Each Owner shall, at his own cost and expense, be responsible for the removal of snow, debris, ice from all sidewalks and driveways on or adjacent to the Owner’s Home including but not limited to the public sidewalks adjacent to the owner’s Home.

20. Lawn

    All lot must have grassed front lawns and grassed side and rear yards. No gravel or similar type ground covers are permitted. No weeds, vegetation, rubbish, debris, garbage, waste materials shall be placed or permitted to accumulate on any Lot which would be unsanitary, unsightly or offensive.

21. Lot Upkeep

    Each Builder and homeowner shall keep their respective Lots neat and clean, regularly removing any trash and debris.

22. Use of Water Retention and Detention Areas

    Swimming, bathing, boating and other use of the water retention and detention areas in the Community shall be prohibited except when in accordance with Rules and Regulations prescribed by the Association. No docks, bulkheads or other structures shall be erected in the water retention and detention areas in the Community without the prior written approval of both the Architectural and Landscape Committees.

23. Sale of Home

    Each Owner shall give the Secretary of the Association timely notice of the Home Owner’s intent to list the Home for sale. Upon closing of title, such selling homeowner shall immediately notify the Secretary of the Association of the name and address of the new homeowner.

24. Violations

    The Community Board shall have the power to make such rules and regulations as may be necessary to carry out the intent of these restrictions and shall have the right to bring lawsuits to enforce the Rules and Regulations promulgated by it. The Community shall further have the right, if permitted and allowed by applicable laws and regulations, to levy fines for violations of such Rules and Regulations, provided that the fine for a single violation may not, under any circumstances, exceed $100.00 for a first violation or $250.00 for any violation subsequent to a first conviction. For each day a violation continues after notice it shall be considered a separate violation. Any fine so levied is to be considered as an assessment to be levied against the particular Owner involved, and collection may be enforced by the Community Board in the same manner as the Community Board is entitled to enforce collection of other assessments. Fines may be levied against an Owner’s tenant, and the Owner shall be jointly and serially liable with his tenant for the payment of same. In the event the Community Board institutes legal action for collection of any fines, then the defendant(s) shall be responsible for payment of reasonable attorneys’ fees of the Association plus interest and costs of suit.

25. Wells

    No individual or entity shall have the right to drill a well on the Property for any purpose other than those wells constructed by Developer in conjunction with the development of the Property.

26. Structures

    No owner or occupant shall build or maintain any matter or thing upon, in, over or under the Common Property or upon any Lot on which a Home is located without the prior written consent of the Community Board, unless permitted b the Association Rules and Regulations, and receipt of approvals from the township. This includes additions to any Home as well as the construction of detached accessory buildings such as pools, fences, garages and storage sheds. Accessory structures shall not be any closer than five (5) feet to any side or rear yard Lot line. No Owner or Occupant shall move, relocate or otherwise disturb shade tree planted by the Developer on any Lot or in the Common Property, without prior written approval from the Township and the Association.

27. Temporary Structures

    No structure of a temporary character, including, without limiting the generality thereof, trailer, tent, shack, garage, barn, or other outbuilding, shall be used on any Lot at any time as a residence.

28. Burning

    No Homeowner or occupant shall burn anything on, over, under, or above the Property with the exception of barbecue grills. The use and location of barbecue grills in the Community shall be subject to such rules and regulations as may be established by the Association.

29. Noxious or Offensive Odors

    No noxious or offensive activities shall be carried on, in or upon the Property nor shall anything be done therein either willfully or negligently which may be or become an annoyance or nuisance of the other residents of the Community.

30. Immoral, Improper, Offensive or Unlawful Activity

    No immoral, improper, offensive or unlawful activity shall be permitted within any home or anywhere on the Property. All laws, zoning ordinances and regulations of all governmental bodies having jurisdiction there over shall be observed. Said laws, etc. shall supersede any Association regulations or this Declaration to the extent they are more restrictive

31. Payment of Taxes and Assessments

    All property taxes, special assessments and other charges imposed by any taxing authority on the Common Property shall be paid by Owners either in accordance with this Declaration or as otherwise provided by law.

32. Garages

    No garage shall be converted or renovated for any residential living purpose. All garages shall be kept usable as a garage for passenger motor vehicles or other permitted vehicles.

33. Parking

    Parking is prohibited on Fountayne Boulevard. Parking is also prohibited on or along the islands within Fountayne Boulevard and Fountayne Lane. Parking is permitted on and along Fountayne Lane, unless otherwise specifically posted, provided however, that vehicles parking along Fountayne Lane shall not interfere with the ability of other vehicles to enter and exit their respective driveways.

34. Sump Pumps

    All sump pumps within the Property shall discharge into the storm water collection system or onto a yard area. Sump pumps shall not be connected to the sanitary sewer system

35. Enforcement

    The Community Board shall have the power to make such Rules and Regulations as may be necessary to carry out the intent of these restrictive covenants and shall have the right to bring lawsuits to enforce the Rules and Regulations promulgated by it.

36. Deviations

    The Community Board may allow reasonable deviations from the covenants and restrictions stated in order to overcome practical difficulties and prevent unnecessary hardships in the applications of the provisions herein contained provided that any such deviation: (a) does not violate the intent and purposes hereof; (b) is not materially detrimental or injurious to other property or improvements in the area; and (c) does not violate any municipal law, ordinance or regulation. In no event shall any deviation be deemed a waiver or abandonment of the overall scheme contemplated by the Declaration.

37. Conflicts

    In the event of any conflict between the restrictions and covenants hereinabove set forth and the restrictions and covenants set forth in the Governing Documents the more restrictive provisions shall govern.

38. Fences

    No fence, wall or other obstruction shall be allowed forward of the front building face. In addition to the above, for corner lots, no fence, wall or other obstruction shall be allowed forward of the side yard building setback line fronting any street. No chain links or wire fencing shall be allowed on any Lot. No fences over six (6’) feet in height shall be allowed on any Lot, subject however to municipal restriction, if any. All fences shall comply with the ordinances and regulations of the Township of Lawrence. Fencing must be left a natural wood or white or white vinyl, with a board-on-board or picket style. Fencing parallel to the font of a Lot shall have a gate. All fencing shall be approved by the Association and must have all applicable Township permits prior to installation. The maintenance, repair and replacement of fences, unless otherwise specifically stated in this Declaration, shall not be a Common Expense but shall be the obligation of the individual Owner as hereinafter defined.

39. House Numbers

    Street address numbers and assigned house number shall be displayed on the postal boxes in front of the homes as well as prominently and conspicuously on the front door of the homes. The numbers on the mailboxes shall be on both sides of the mailbox at least three (3) feet above the ground and shall be of reflective material in a color contrasting to that of the mailbox. Each owner shall have responsibility to maintain and replace the numbers; however, the Association shall have the power to maintain or replace the numbers and assess the individual Owner for the cost of same.

40. Handicap Renovations Not Prohibited

    Nothing herein, however, shall prohibit or prevent the conversion or renovation of the Homes and Lots so as to make reasonable accommodations, which are necessary to make any such house or lot accessible and occupiable by handicapped persons.

41. Impervious Coverage Limitation

    Additional impervious coverage of any kind on a Lot shall not exceed 600 sq. ft. beyond that which the Developer originally received a certificate of occupancy for when the Home on respective Lot was built.

42. Building and Zoning Codes

    All construction on Lots, including additions, alterations or improvements to any Home and structural changes to any Home, shall be undertaken in accordance with any and all applicable Township building and zoning codes and ordinances, including, but not limited to, front, rear and side yard set back requirements, permitted and accessory use restrictions, impervious surface requirements and height limits.