The Masters at Deacon’s Walk Association

Rules and Regulations

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Contents

Page

1......... Preamble............................................................................................... 1

2......... Purpose................................................................................................. 1

3......... Definitions............................................................................................ 2

4......... Recreational Facilities........................................................................... 2

5......... Parking Areas....................................................................................... 2

6......... Architectural Controls........................................................................... 2

7......... Restrictions on Use of Properties......................................................... 3

8......... Leasing................................................................................................. 4

9......... Administrative Procedures.................................................................... 5

10....... Variance Rules...................................................................................... 5

11....... Effective Date ...................................................................................... 6

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1. Preamble. Pursuant to Article VII, Section 2, of the Declaration for THE MASTERS AT DEACON’S WALK ASSOCIATION (hereinafter referred to as the “MADWA”), C.I.C. No. 55, dated the 30th day of January, 1999, recorded the _____ day of _______________, _______, as Document No. _______________, in the Office of the County Recorder in and for Anoka County, Minnesota, the Board of Directors of MADWA adopts these Rules and Regulations. Pursuant to the Declaration, these Rules and Regulations may be amended or expanded only after reasonable notice has been given to the Owners.

2. Purpose. The purpose of these Rules and Regulations is to ensure uniform operation and administration of the affairs of MADWA and to regulate the use of all Properties within MADWA in a manner consistent with the Deacon’s Walk Home Owners’ Association, Inc., hereinafter referred to as the “Master Association”. Each Lot is bound by the governing documents for MADWA and the Master Association, which generally consist of a Declaration, Articles of Incorporation, Bylaws and Rules and Regulations, as amended, of MADWA and the Master Association. Additionally, a Disclosure Statement for MADWA and the Master Association provide information and disclosures regarding the entire development. It is the intent of the Board of Directors of MADWA that these rules provide community standards of behavior necessary for an effective and harmonious community. These Rules and Regulations should promote quiet enjoyment of all Properties, protect real estate values, and promote the health and safety of the Owners and other Occupants.

These Rules and Regulations have been distributed to all Owners and other Occupants in accordance with the Declaration and the Act. The authority to interpret the Rules and Regulations rests with the Board of Directors.

3. Definitions. The terms and phrases used in these Rules and Regulations shall have the same meaning as given in the Declaration or other Governing Documents, or, if not defined therein, the meaning given to those terms at common law. References to "the Act" are to Minn. Stat. Chapter 515B, the Minnesota Common Interest Ownership Act. “Owner” includes a tenant under a lease with the Owner. “Occupants” includes all guests who are visiting an Owner or tenant, and, tenants and renters who are residing with an Owner and leasing from an Owner.

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4. Recreational Facilities. [Reserved for future use.]

5. Vehicle Storage and Parking. Article VII, Sections 1., G. and I., of the MADWA Declaration and the Master Association Governing Documents, governs the outside parking and storage of motor vehicles, motor homes, boats, recreational vehicles, etc. Pursuant to the above Article, the Association shall have the right to remove motor vehicles, boats, recreational vehicles, etc. that are in violation of the rules and the costs thereof shall be specially assessed against the offending Owner's or Occupant's Lot.

6. Architectural Controls. Article VI of the MADWA Declaration and the Master Association Governing Documents govern Architectural Control of all Properties in the Association. Article VII of the MADWA Declaration and the Master Association Governing Documents contain several restrictions which have architectural implications.

a. Outside Storage. Outside storage of personal property items is not permitted. Construction of storage sheds or other enclosures outside of a Dwelling is not permitted.

b. Animal Enclosures. Construction or maintenance of dog kennels or other animal enclosures is not permitted.

c. Playhouses and Children's Equipment. Construction or maintenance of playhouses, sandboxes, swing sets, and playground equipment is not permitted.

d. Fences and Landscape. Fences, patio walls, and lattices, are governed by Article VI of the MADWA Declaration and the Master Association Governing Documents and require architectural control approval by MADWA and the Master Association.

e. Garden Sheds and Storage Sheds. Garden sheds or storage sheds are not permitted outside of a Dwelling.

f. Exterior Lighting. All exterior lighting fixtures and supports shall be architecturally harmonious with other lighting fixtures within the Association. The light cast from exterior yard lights or lamps on poles shall be shielded so that the light is cast only upon the Owner's Lot and so that no glare is created which is offensive to neighboring Lots.

g. Exterior Ornamentation. Exterior ornaments or yard ornaments which can be seen from outside of a Dwelling from any angle must be approved by the MADWA Board of Directors prior to installation or construction. Seasonal use of religious ornamentation and lights or seasonal placement of political signs, as permitted by law, may be placed without approval of the Board of Directors. All seasonal decoration may be placed on a Dwelling or Lot and shall be taken down from such Dwelling or removed from such Lot within thirty (30) days of the relevant holiday. In the event this requirement poses any significant burden or hardship on Owner due to such Owner’s religious affiliation and practice, the Owner may seek a variance from the Association for such burden or hardship. MADWA shall only grant a variance upon submission of independent documentation which illustrates the religious affiliation and practice requires a violation of this provision.

h. Private Wells and Storage Tanks. Private wells and storage tanks of any kind are not permitted to be installed or maintained within a Lot.

7. Restrictions on Use of Properties. Article VII, Section 1., of the MADWA Declaration and the Master Association Governing Documents contain several restrictions on the use of Lots and Properties.

a. Pets. Pets are allowed subject to the rules and restrictions contained below. Owners and Occupants are responsible for and liable for their pets. Interference with the quiet enjoyment of another Owner's Lot will not be permitted.

(1) Pets will be housed within a Dwelling and shall be leashed or under the control at all times when not within a Dwelling.

(2) Barking dogs, as defined by Blaine City Ordinance Code Section 14-144, and other “excessively noisy pets” are not permitted and will be reported to the Blaine Public Safety Commission for disposition.

(3) If a pet deposits feces in the Common Elements, the pet Owner or Occupant shall immediately remove the feces and lawfully dispose of it in a proper manner. Additional Association costs related to removal of animal feces or repairs or maintenance related to animal damage will be charged to the offending pet owners.

(4) An Owner or Occupant shall keep their Lot free from animal feces and dispose of it in a proper manner.

b. Clothes Lines. Clothes lines or other outdoor clothes drying devices are not permitted.

c. Lot Appearance. No weeds, underbrush, or other unsightly vegetation shall be permitted to grow or remain upon any Lot. No junk piles, refuse piles, yard waste piles, or other unsightly objects shall be allowed to be stored or placed outside of any Dwelling or upon the Common Elements.

d. Firewood. Firewood shall be stored inside of a Dwelling.

e. Garbage Cans, Recycling Containers, and Refuse Containers. Household trash and garbage shall be regularly collected. Unless otherwise permitted, garbage cans, recycling containers and other refuse containers shall be stored inside of a Dwelling.

f. Gardens. Vegetable and flower gardens are not permitted outside of a Dwelling. Landscape design and maintenance is managed by the Association.

g. Signs. No sign of any kind may be displayed to the public view on any unit except as permitted under Article VII, Section 1, of the MADWA Declaration.

8. Leasing. No Lot may be leased for any purposes except in compliance with the following:

(1) No Lot may be leased for any term except for residential purposes.

(2) The lease shall contain an agreement and receipt signed by the proposed tenant indicating that the tenant has received a complete and current Disclosure from the Association and that tenant agrees to abide by all of the governing documents and rules of the Association.

(3) The Owner shall remain obligated for payment of monthly installments of Association assessments and dues. The lease shall not contain a provision requiring the tenant to pay the Association assessments and dues.

(4) All information required by the lease or these Rules and Regulations must be current and the Association must be updated with any change to such information.

9. Administrative Procedures. These procedures are intended to provide minimum procedural safeguards for the Owners and Occupants where the power of the Association is focused upon the individual Owner or Occupant. These procedures shall serve as a guide to the Board of Directors in adjudicating individual cases. Where the requirements of these procedures are at variance with or in any other way conflict with laws or public regulations, the more restrictive law or the law imposing the higher standards shall govern.

In all matters where the circumstance or application of the individual Owner is to be adjudicated by the Board of Directors or by a designated committee of MADWA, these procedures shall apply. Examples of situations which require application of these procedures are:

(1) Use or prohibition from use of a Lot for business purposes.

(2) Violation of the rules for keeping pets.

(3) Violation of the architectural rules.

a. Notice and Hearing. An Owner or Occupant is entitled to adequate notice and a fair hearing prior to the final decision in his or her case.

b. Notice. The Board of Directors shall issue a printed notice of the hearing in advance of the hearing date. Adequate advance notice shall be determined by the Board of Directors in each case. The notice shall contain a reasonably definite statement of the result sought in the proceedings, a short statement of the facts of the matter, and a statement that the Owner or Occupant has the right to be present and to be represented by an attorney.

c. Evidence. The Association and the Owner or Occupant shall have the right to examine and cross-examine all witnesses who provide evidence or testimony in the hearing. The Owner or Occupant shall have the right to produce witnesses and evidence on his or her own behalf.

d. Record; Findings; Conclusions. The Board of Directors shall keep a permanent written record of the meetings and hearings where the case was discussed or heard. The minutes shall reflect the findings of the Board of Directors and all the conclusions to be drawn from the facts. The minutes shall contain a written statement of the decision for adjudication of the case.

10. Variance Rules. Unless specifically disallowed, an Owner or Occupant may seek a Variance from the Board of Directors, or a designated committee of MADWA, from the application of any new rule or regulation promulgated under these Rules and Regulations, under the following conditions:

a. Standing. An Owner or Occupant must be directly and adversely affected by new rule or regulation at the time the new rule or regulation takes effect.

b. Application. The Owner or Occupant shall make a written Application for Variance Request (“Application”) to the Board of Directors, or a designated committee of MADWA, no later than fourteen (14) days after implementation of the rule or regulation or fourteen (14) days after the new rule or regulation was provided to the Owner or Occupant. The Application must specify the date of installation of the prohibited item at issue or the date the prohibited act in question occurred; the amount of time and money expended on such prohibited item or prohibited act; the date of the change of the rule or regulation; a copy of the old rule or regulation; a copy of the new rule or regulation; photographs of the prohibited item at issue, if applicable; detailed specifications regarding the size, shape, color, texture and material used is such prohibited item; and any other documentation, material to the Application. The Board of Directors shall have the authority to determine if the necessary documentation has been presented by an applicant, and if not, the Board of Directors shall specifically state which items are necessary to make the Application complete within fourteen (14) days of submission of the Application. Upon submission of a complete Application within fourteen (14) days of receipt of notice of an incomplete Application, the Board of Directors, or a designated Committee of MADWA shall have thirty (30) days to make a determination regarding the Application or the Application is deemed to be granted.

c. Determination on Application. The Board of Directors or a designated committee of MADWA shall determine if the Application is approved based upon the following factors: the length of time the Owner or Occupant has been permitted to place such prohibited item or to do such prohibited act; the amount of investment in time and money expended by the Owner or Occupant to place such prohibited item or to do such prohibited act; and the continued compatibility of such prohibited item or such prohibited act with the architectural character of the common interest community (i.e., size, shape, color, texture and material used).

11. Effective Date. These Rules and Regulations are effective as of the date shown below.

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Approved this _____ day of _______________, 200__.

Board of Directors

The Masters at Deacon’s Walk Association

By___________________________________

Name:

Its: President

and by________________________________

Name:

Its: Secretary

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